1、243 Office of the Secretary, DOT 298.2 or any other rule, regulation or order issued under the Statute, the violator may be subject to a proceeding under section 46101 of the Statute before the Department, or sections 46106 through 46108 of the Statute before a U.S. Dis-trict Court, as the case may
2、be, to compel to compliance; or to civil pen-alties under the provisions of section 46301 of the Statute; or in the case of willful violation, to criminal penalties under the provisions of section 46316 of the Statute; or other lawful sanctions including cancellation of registration. ER1159, 44 FR 6
3、9635, Dec. 4, 1979, as amend-ed at 60 FR 43527, Aug. 22, 1995 PART 298EXEMPTIONS FOR AIR TAXI AND COMMUTER AIR CAR-RIER OPERATIONS Subpart AGeneral Sec. 298.1 Applicability of part. 298.2 Definitions. 298.3 Classification. 298.4 Requests for statement of authority. Subpart BExemptions 298.11 Exempti
4、on authority. 298.12 Duration of exemption. Subpart CRegistration for Exemption by Air Taxi Operators 298.21 Filing for registration by air taxi op-erators. 298.22 Processing by the Department. 298.23 Notifications to the Department of change in operations. 298.24 Cancellation of the registration. S
5、ubpart DLimitations and Conditions on Exemptions and Operations 298.30 Public disclosure of policy on con-sumer protection. 298.31 Scope of service and equipment au-thorized. 298.32 Limitations on operations to eligible places. 298.33 Security requirements 298.34 Reserved 298.35 Limitations on carri
6、age of mail. 298.36 Limitations on use of business name. 298.37 Prohibition of services not covered by insurance. 298.38 Financial security arrangements for operating Public Charters. Subpart ECommuter Air Carrier Authorizations 298.50 Applications. 298.51 Processing by the Department. 298.52 Air ta
7、xi operations by commuter air carriers. 298.53 Suspension or revocation of author-ity. Subpart FReporting Requirements 298.60 General reporting instructions. 298.61 Reporting of traffic statistics. 298.62 Reporting of financial data. 298.63 Reporting of aircraft operating ex-penses and related stati
8、stics by small certificated air carriers. 298.65 Requests for extensions of time with-in which to file reports or for waivers from reporting requirements. 298.66 Reporting exemption for State collec-tion of data. Subpart GPublic Disclosure of Data 298.70 Public disclosure of data. Subpart HViolation
9、s 298.80 Enforcement. AUTHORITY: 49 U.S.C. 329 and chapters 41102, 41708, and 41709. SOURCE: ER929, 40 FR 42855, Sept. 17, 1975, unless otherwise noted. Subparts A through E were revised at 70 FR 25768, May 16, 2005. Subpart AGeneral 298.1 Applicability of part. This part establishes classifications
10、 of air carriers known as air taxi opera-tors and commuter air carriers, pro-vides certain exemptions to them from some of the economic regulatory provi-sions of Subtitle VII of Title 49 of the United States Code (Transportation), specifies procedures by which such air carriers may obtain authority
11、to con-duct operations, and establishes rules applicable to their operations in inter-state and/or foreign air transportation in all States, Territories and posses-sions of the United States. This part also establishes reporting requirements for commuter air carriers and small certificated air carri
12、ers. 298.2 Definitions. As used in this part: Air taxi operator means an air carrier as established by 298.3(a). VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduc
13、tion or networking permitted without license from IHS-,-,-244 14 CFR Ch. II (1111 Edition) 298.2 1Interstate air transportation is defined in section 40102(a)(25) as the transportation of passengers or property by aircraft as a com-mon carrier for compensation, or the trans-portation of mail by airc
14、raft (1) between a place in (i) a State, territory, or possession of the United States and a place in the Dis-trict of Columbia or another State, terri-tory, or possession of the United States; (ii) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii; (iii) the Distri
15、ct of Columbia and another place in the District of Columbia; or (iv) a terri-tory or possession of the United States and another place in the same territory or pos-session; and (2) when any part of the trans-portation is by aircraft. NOTE: Operations wholly within the geographic limits of a sin-gle
16、 State are not considered interstate air transportation if in those operations the car-rier transports no more than a de minimus volume of passengers or property moving as part of a continuous journey to or from a point outside the State. Foreign air transportation is defined in section 40102(a)(23)
17、 of the Statute as the transportation of passengers or property by aircraft as a common carrier for compensa-tion, or the transportation of mail by air-craft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft. Air transporta
18、tion also is defined to in-clude the transportation of mail by aircraft. Section 5402 of the Postal Reorganization Act, 39 U.S.C. 5402, authorizes the carriage of mail by air taxi operators and commuter air carriers in some circumstances under con-tract with the U.S. Postal Service. Air transportati
19、on means interstate air transportation, foreign air trans-portation, or the transportation of mail by aircraft as defined by the Stat-ute.1Aircraft-hours means the airborne hours of aircraft computed from the moment an aircraft leaves the ground until it touches the ground at the end of a flight sta
20、ge. Aircraft miles means the miles (com-puted in airport-to-airport distances) for each flight stage actually com-pleted, whether or not performed in ac-cordance with the scheduled pattern. Certificated air carrier means an air carrier holding a certificate issued under section 41102 of the Statute.
21、 Citizen of the United States means: (1) An individual who is a citizen of the United States; (2) A partnership each of whose part-ners is an individual who is a citizen of the United States; or (3) A corporation or association orga-nized under the laws of the United States or a state, the District
22、of Co-lumbia, or a territory or possession of the United States, of which the presi-dent and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual con-trol of citizens of the United States, and in which at least 75 perc
23、ent of the voting interest is owned or controlled by persons that are citizens of the United States. Commuter air carrier means an air car-rier as established by 298.3(b) that car-ries passengers on at least five round trips per week on at least one route be-tween two or more points according to its
24、 published flight schedules that specify the times, days of the week, and places between which those flights are performed. Departure means takeoff from an air-port. Eligible place means a place in the United States that (1)(i) Was an eligible point under sec-tion 419 of the Federal Aviation Act of
25、1958 as in effect before October 1, 1988; (ii) Received scheduled air transpor-tation at any time after January 1, 1990; and (iii) Is not listed in Department of Transportation Orders 89937 and 89 1252 as a place ineligible for com-pensation under Subchapter II of Chap-ter 417 of the Statute; or (2)
26、 Was determined, on or after Octo-ber 1, 1988, and before the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, by the Depart-ment to be eligible to receive sub-sidized small community air service under section 41736(a) of the Statute. Flight stage
27、 means the operation of an aircraft from takeoff to landing. Large aircraft means any aircraft originally designed to have a maximum passenger capacity of more than 60 seats or a maximum payload capacity of more than 18,000 pounds. Maximum certificated takeoff weight means the maximum takeoff weight
28、 VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-245 Office of the Secretary, DOT 298.2 2This weight ma
29、y be found in the airplane operating record or in the airplane flight manual, which is incorporated by regulation into the airworthiness certificate. 3Empty weight is defined in section 03 of part 241 as follows: the weight of the air-frame, engines, propellers, and fixed equip-ment. Empty weight ex
30、cludes the weight of the crew and payload, but includes the weight of all fixed ballast, unusable fuel sup-ply, undrainable oil, total quantity of engine coolant, and total quantity of hydraulic fluid. 4Assumes VFR weather conditions and flights not involving extended overwater op-erations. 5The max
31、imum zero fuel weight is the maximum permissible weight of an airplane with no disposable fuel or oil. The zero fuel weight figure may be found in the FAAs type certificate data sheets, and/or in FAA- approved flight manuals. authorized by the terms of the aircraft airworthiness certificate.2Maximum
32、 passenger capacity means the maximum number of passenger seats for which an aircraft is config-ured. Maximum payload capacity means: (1) The maximum certificated take-off weight of an aircraft, less the empty weight,3less all justifiable aircraft equipment, and less the operating load (consisting o
33、f minimum fuel load, oil, flight crew, stewards supplies, etc.). For purposes of this part, the allow-ance for the weight of the crew, oil, and fuel is as follows: (i) Crew200 pounds per crew mem-ber required under FAA regulations, (ii) Oil350 pounds, (iii) Fuelthe minimum weight of fuel required un
34、der FAA regulations for a flight between domestic points 200 miles apart,4(2) Provided, however, That in the case of aircraft for which a maximum zero fuel weight is prescribed by the FAA,5maximum payload capacity means the maximum zero fuel weight, less the empty weight, less all justifiable air-cr
35、aft equipment, and less the operating load (consisting of minimum flight crew, stewards supplies, etc., but not including disposable fuel or oil). Mile means a statute mile, i.e., 5,280 feet. Nonrevenue passenger means a person traveling free or under token charges, except those expressly named in t
36、he definition of revenue passenger; a per-son traveling at a fare or discount available only to employees or author-ized persons of air carriers or their agents or only for travel on the busi-ness of the carriers; and an infant who does not occupy a seat. (This definition is for 14 CFR part 298 traf
37、fic-reporting purposes and may differ from the defi-nitions used in other parts by the Fed-eral Aviation Administration and the Transportation Security Administra-tion for the collection of Passenger Fa-cility Charges and Security Fees.) The definition includes, but is not limited to, the following
38、examples of pas-sengers when traveling free or pursu-ant to token charges: (1) Directors, officers, employees, and others authorized by the air carrier op-erating the aircraft; (2) Directors, officers, employees, and others authorized by the air carrier or another carrier traveling pursuant to a pas
39、s interchange agreement; (3) Travel agents being transported for the purpose of familiarizing them-selves with the carriers services; (4) Witnesses and attorneys attending any legal investigation in which such carrier is involved; (5) Persons injured in aircraft acci-dents, and physicians, nurses, a
40、nd oth-ers attending such persons; (6) Any persons transported with the object of providing relief in cases of general epidemic, natural disaster, or other catastrophe; (7) Any law enforcement official, in-cluding any person who has the duty of guarding government officials who are traveling on offi
41、cial business or trav-eling to or from such duty; (8) Guests of an air carrier on an in-augural flight or delivery flights of newly-acquired or renovated aircraft; (9) Security guards who have been as-signed the duty to guard such aircraft against unlawful seizure, sabotage, or other unlawful interf
42、erence; (10) Safety inspectors of the National Transportation Safety Board or the FAA in their official duties or trav-eling to or from such duty; (11) Postal employees on duty in charge of the mails or traveling to or from such duty; (12) Technical representatives of companies that have been engage
43、d in VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-246 14 CFR Ch. II (1111 Edition) 298.2 the manufac
44、ture, development or test-ing of a particular type of aircraft or aircraft equipment, when the transpor-tation is provided for the purpose of in- flight observation and subject to appli-cable FAA regulations; (13) Persons engaged in promoting air transportation; (14) Air marshals and other Transpor-
45、tation Security officials acting in their official capacities and while traveling to and from their official duties; and (15) Other authorized persons, when such transportation is undertaken for promotional purpose. Passengers carried means passengers on board each flight stage. Point when used in c
46、onnection with any territory or possession of the United States, or the States of Alaska and Hawaii, means any airport or place where aircraft may be landed or taken off, including the area within a 25-mile radius of such airport or place; when used in connection with the conti-nental United States,
47、 except Alaska, it shall have the same meaning except be limited to the area within a 3-mile ra-dius of such airport or place: Provided, That for the purposes of this part, West 30th Street Heliport and Pan Am Build-ing Heliport, both located in New York City, shall be regarded as separate points. R
48、eporting carrier for Schedule T100 purposes means the air carrier in oper-ational control of the flight, i.e., the carrier that uses its flight crews under its own FAA operating authority. Revenue passenger means a passenger for whose transportation an air carrier receives commercial remuneration. (
49、This definition is for 14 CFR part 298 traffic-reporting purposes and may dif-fer from the definitions used in other parts by the Federal Aviation Adminis-tration and the Transportation Secu-rity Administration for the collection of Passenger Facility Charges and Se-curity Fees.) This includes, but is not limited to, the following examples: (1) Passengers traveling under pub-licly available tickets including pro-motional offers (for example two-for
