Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 62833

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA–

2004–19053 and Airspace Docket No. 

04–ANM–10) and be submitted in 

triplicate to the Docket Management 

System (see ADDRESSES section for 

address and phone number). You may 

also submit comments through the 

Internet at http://dms.dot.gov.

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2004–19053 and 

Airspace Docket No. 04–ANM–10.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket.

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://dms.dot.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov or the 

Federal Register’s Web page at http://

www.gpoaccess.gov/fr/index.html.

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Regional Air Traffic Division, Federal 

Aviation Administration, 1601 Lind 

Avenue SW., Renton, Washington, 

98055–4056. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

call the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

Currently, the Southern California 

Terminal Radar Approach Control 

(TRACON) and the Los Angeles Air 

Route Traffic Control Center (ARTCC) 

issue clearances to aircraft along 

specified radials to separate enroute 

aircraft from jet aircraft departing the 

Los Angeles International Airport. 

However, these clearances increase both 

pilot and ATC workload. As such these 

facilities request that V–208 be modified 

to incorporate these clearances. This 

proposed action responds to that 

request. 

The Proposal 

This action proposes to amend Title 

14 Code of Federal Regulations (14 CFR) 

part 71 (part 71) to modify Federal 

airway V–208 by changing the 

originating point of the airway from the 

Santa Catalina VORTAC to the Ventura 

VORTAC. The revision would 

incorporate routing that is currently 

issued by ATC when managing aircraft 

in the Los Angeles, CA, terminal area. 

Extending V–208 as described above 

would significantly reduce pilotcontroller communications, alleviate 

radio frequency congestion, reduce the 

potential for pilot readback errors, and 

enhance the management of aircraft 

operations in the Southern California 

area. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows:

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

Paragraph 6010(a) Domestic VOR Federal 

Airways

* * * * *

V–208 [Revised] 

From Ventura, CA 175° Santa Catalina, CA, 

310° Oceanside, CA; Julian, CA; Thermal, 

CA; Twentynine Palms, CA; 20 miles, 24 

miles 73 MSL, Needles, CA; Peach Springs, 

AZ; Grand Canyon, AZ; INT Grand Canyon 

095° and Tuba City, AZ, 246° radials; Tuba 

City; Page, AZ; Hanksville, UT; Carbon, UT; 

Myton, UT; 79 MSL, Vernal, UT, 25 miles, 

105 MSL, Cherokee, WY. The airspace within 

R–2503 and the airspace below 2,000 feet 

MSL outside the United States is excluded. 

The portion outside the United States has no 

upper limit.

* * * * *

Issued in Washington, DC, October 19, 

2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–24146 Filed 10–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary 

14 CFR Parts 201, 203, 205, 215, 298, 

380, 385, and 389

[Docket No. OST–2004–19426] 

RIN 2105–AD43

Elimination of Commuter Air Carrier 

Registrations

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

SUMMARY: The Department proposes to 

amend the regulations governing air taxi 

62834 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 

operators and commuter air carriers to 

eliminate the requirement that 

commuter air carriers file initial and 

amended registration forms. The 

information provided on such forms is 

duplicative of information that 

commuter air carriers are separately 

required to file under other regulations. 

Accordingly, the proposed amendment 

will simplify the process of applying for 

and maintaining commuter air carrier 

authority. The Department also 

proposes to make conforming 

amendments to other rules affected by 

the proposed amendment, as well as to 

make other minor administrative, 

editorial, clarifying, and organizational 

changes to rules applicable to air taxi 

operators and commuter air carriers.

DATES: Comments must received on or 

before December 13, 2004.

ADDRESSES: You may send comments 

identified by Docket No. OST–2004–

19426 using any of the following 

methods: 

• DOT Docket Web site: go to

http://dms.dot.gov and follow the 

instructions for sending you comments 

electronically. 

• Government-wide Rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Dockets Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Delores A. King, Air Carrier Fitness 

Division, Department of Transportation, 

400 Seventh Street, SW., Washington, 

DC 20590, (202) 366–9721.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The Department invites interested 

persons to participate in this rulemaking 

by submitting written comments, data, 

or views. We also invite comments 

relating to any economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the proposals in this document. The 

most helpful comments will reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with Department 

personnel concerning this proposed 

rulemaking. The docket is available for 

public inspection before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of the 

preamble between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. You may also review the 

docket using the Internet at the Web 

address in the ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.) 

You may review the Department’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78) or you may visit 

http://dms.dot.gov.

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the Department to 

acknowledge receipt of your comments 

on this proposal, include with your 

comments a pre-addressed, stamped 

postcard on which the docket number 

appears. We will stamp the date on the 

postcard and mail it to you. 

Background 

Air carriers operating or proposing to 

operate small aircraft (i.e., those 

designed to hold 60 seats or less or 

18,000 pounds payload or less) are 

exempt from the provisions of 49 U.S.C. 

41101, which requires U.S. air carriers 

to hold certificates of public 

convenience and necessity in order to 

engage in interstate and/or foreign air 

transportation operations. This 

exemption is conditioned upon the air 

carrier meeting the registration, 

insurance and other requirements set for 

in part 298 of the Department’s 

Economic Regulations (14 CFR part 

298). Air carriers operating under a part 

298 exemption are generally referred to 

as ‘‘air taxi operators.’’

A ‘‘commuter air carrier,’’ as defined 

in part 298, is an air taxi operator that 

carriers passengers on at least five round 

trips per week on at least one route 

between two or more points according 

to a published flight schedule that 

specifies the times, days of the week, 

and places between which those flights 

are performed.

To register as an air tax operator 

(whether or not commuter air carrier 

operations are involved), an air carrier 

must submit a registration form (OST 

Form 4507) that asks for basic 

information about the company, 

including name, address, telephone and 

fax numbers, types of operations being 

performed, Federal Aviation 

Administration (FAA) office overseeing 

the carrier’s operations, list of aircraft 

being used in the operation, and 

whether the company is a U.S. citizen. 

Evidence of current insurance coverage 

that meets the requirements of part 205 

of the Department’s regulations must 

accompany the registration. If the 

information on the registration form 

subsequently changes, the carrier is 

required to submit an amendment to the 

Department within 30 days reflecting 

the change. 

In addition, section 298.21(d) requires 

a commuter carrier to be found ‘‘fit, 

willing and able’’ to conduct its 

scheduled passenger operations in 

addition to meeting the registration and 

insurance requirements of the rule. In 

making that fitness determination, the 

Department requires companies 

proposing to operate as a commuter air 

carrier to file an application and submit 

data to the Department in accordance 

with 14 CFR parts 201 and 204. Once 

the Department determines the 

company is fit to provide its proposed 

scheduled passenger operations, the 

Department issues a Commuter Air 

Carrier Authorization with 

accompanying terms, conditions, and 

limitations to the air carrier. 

Statement of Proposed Action 

The fitness requirements and the 

process for obtaining authority for 

commuter air carriers are nearly 

identical to those applicable to 

companies seeking certificates of public 

convenience and necessity under 49 

U.S.C. 41101. In fact, many companies 

that propose to operate small aircraft 

(under 60 seats of 18,000 pounds 

payload) and that would otherwise 

qualify for commuter authority choose 

instead to seek a certificate. At present, 

approximately 35 carriers hold 

commuter authority from the 

Department; of the approximately 145 

carriers that currently hold certificates 

of public convenience and necessity, 

approximately 60 operate small aircraft 

only. In addition, both commuter air 

carriers and certificated air carriers must 

notify the Department under 14 CFR 

204.5 of any substantial changes in their 

operations, ownership, or management. 

Unlike commuters, however, 

certificated air carriers are not required 

to file registration forms or 

amendments. 

Since the fitness and licensing 

requirements for commuter air carriers

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 62835

are so closely aligned to those for 

certificated air carriers operating similar 

aircraft, we propose to revise the 

regulations to eliminate the requirement 

that commuter air carriers file initial 

and amended registration forms as 

currently required by part 298, thus 

relieving commuters from the often 

duplicative burden of filing registration 

forms and amendment as well as initial 

and updated fitness information. 

All of the information contained on 

OST Form 4507 is filed by commuter 

applicants requesting a fitness 

determination under 14 CFR 204.5. 

Once found fit, commuters are required 

to notify the Department of substantial 

changes in their operations, ownership, 

or management. In addition to these 

substantial change notifications, the 

Department periodically requests 

updated fitness information from 

commuter air carriers. We believe that 

these requirements and procedures 

provide the Department an adequate 

opportunity to obtain relevant 

information regarding commuter air 

carriers. Under these circumstances, we 

believe that the separate registrations 

and amendments required of commuters 

under part 298 are no longer necessary 

and can be eliminated. These changes 

will not, however, affect the 

requirement that other air taxi operators 

must still file registrations and 

amendments with the Department, nor 

will they relieve commuters of any other 

requirements or provisions of part 298 

applicable to their operations. This 

includes submitting evidence of liability 

insurance coverage which, under the 

proposal, would be filed with the 

Program Management Branch (AFS–

260) of the Federal Aviation 

Administration, just as air taxi 

registrations and insurance and 

certificated air carrier insurance 

currently are. 

Section-by-Section Analysis of Proposal 

We propose to reorganize part 298 to 

reflect the changes discussed above, to 

codify current Department policies or 

procedures, and to improve the clarity 

of the party. This section-by-section 

analysis explains the proposed 

amendments to each subpart of the rule. 

Subpart A—General 

In this subpart, we propose to 

reclassify commuter air carriers from 

being a subset of air taxi operators to 

their own class of carrier that operate 

small aircraft in scheduled passenger 

service, and to amend sections 298.1, 

298.2, and 298.3 accordingly. We also 

propose to amend section 298.4 to 

include the address for obtaining a 

statement of authority, and to eliminate 

section 298.5. 

Section 298.1 Applicability 

We propose to add a reference in 

section 298.1 to indicate that part 298 

applies to both air taxi operators and 

commuter air carriers. 

Section 298.2 Definitions 

We propose to amend the definitions 

of ‘‘air taxi operator’’ and ‘‘commuter air 

carrier’’ to reference revised sections 

298.3(a) and (b) (see Section 298.3 

Classification, below). For purposes of 

clarity and convenience, we proposed to 

add definitions of ‘‘statute’’ to refer to 

subtitle VII of title 49 of the United 

States Code, ‘‘eligible place’’ with 

respect to operations by commuters as 

contained in 49 U.S.C. 41731(a)(1), and 

‘‘citizen of the United States’’ as 

contained in 49 U.S.C. 40102(a)(15). We 

are also proposing to add the word 

‘‘originally’’ before the word ‘‘designed’’

in the definition of ‘‘large aircraft’’ to 

codify our long-held interpretation of 

that definition as we recently reiterated 

in Order 2002–9–4. Finally, we propose 

to amend the definition of ‘‘small 

aircraft’’ so that it no longer merely 

indicates that it is the ‘‘opposite’’ of 

‘‘large aircraft,’’ but instead sets out the 

specific seating and payload limitations 

applicable to small aircraft. As 

discussed below in section 298.5, we are 

also deleting the definition of ‘‘all-cargo 

air carrier or section 41103 carrier’’ as 

no longer necessary for purposes of this 

part. 

Section 298.3 Classification 

The Department proposes to amend 

section 298.3 to reclassify commuter air 

carriers as their own class of carrier that 

operate small aircraft in scheduled 

passenger service and do not hold 

certificates, but that do hold Commuter 

Air Carrier Authorizations (see revised 

section 298.3(b)). We propose to delete 

the references in section 298.3(a) to the 

requirement that commuters must file 

registration forms, and adopt a new 

‘‘Subpart E—Commuter Air Carrier 

Authorizations,’’ that describes the 

requirements for obtaining commuter 

authority. As a result of these changes, 

we propose to renumber old section 

298.3(b) as section 298.3(c). 

Section 298.4 Requests for Statement 

of Authority 

We propose to add the mailing 

address of the Director, Office of 

Aviation Analyses for ease in requesting 

a statement of authority. 

Section 298.5 Dual Operations—Air 

Taxi or Commuter Air Carrier and AllCargo Service 

We propose to eliminate section 298.5 

which authorizes air taxi and commuter 

operations by air carriers holding AllCargo Air Service Certificates issued 

under 49 U.S.C. 41103 (formerly section 

418 of the Federal Aviation Act). There 

currently are no certificated air carriers 

that hold only all-cargo certificates 

issued under 49 U.S.C. 41103—all such 

carriers also hold certificates issued 

under 49 U.S.C. 41102. Moreover, no 

applications pursuant to 49 U.S.C. 

41103 have been received in a number 

of years—most carriers preferring to 

receive certificates under 49 U.S.C. 

41102 for scheduled all-cargo authority, 

which also confer charter all-cargo 

rights. Small aircraft operations by 

carriers holding certificates issued 

under 49 U.S.C. 41102 are specifically 

authorized by 14 CFR 206.5 under the 

same terms and conditions as air taxi 

and commuter operations; thus section 

298.5 is redundant and can be 

eliminated, along with the references to 

that section in sections 298.3(a)(1) and 

(2) and current section 298.3(b) 

(renumbered section 298.3(c)). 

Subpart B—Exemptions 

In this subpart, we proposed to redesignate current section 298.13 as 

section 298.12. All other sections in this 

subpart remain unchanged. 

Subpart C—Registration for Exemption 

by Air Taxi Operators 

This subpart is currently titled 

‘‘Registration and Reregistration for 

Exemption.’’ We propose to re-title this 

subpart as ‘‘Registration for Exemption 

by Air Taxi Operators’’ to eliminate an 

obsolete reference to ‘‘re-registrations’’. 

Also, as discussed below, we propose to 

amend all sections in this subpart 

(sections 298.21 through 298.24) to 

eliminate references to commuter air 

carriers and make other clarifying or 

organizational changes. 

Section 298.21 Filing for Registration 

by Air Taxi Operators 

Currently, this section states that all 

air taxi operators, regardless of whether 

or not they are operating as commuter 

air carriers, must file a registration with 

the Department. We propose to amend 

this section to remove the requirement 

for commuter air carriers to file 

registrations. 

We also propose to make 

administrative changes to this section. 

Specifically, we propose to replace the 

reference to the Director, Office of 

Aviation Analysis in 298.21(a) with a 

reference to the Manager, Program

62836 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 

Management Branch (AFS–260) of the 

FAA—the office that processes air taxi 

registrations—and amend sections 

298.21(c) and (d) to clarify the addresses 

where air taxi registrations should be 

filed. Further, we propose to clarify the 

requirements for air taxi operators 

engaged in foreign air transportation or 

participating in an interline agreement. 

Specifically, we are proposing to delete 

section 298.21(c)(4) to eliminate the 

requirement that air taxi operators 

engaged in foreign air transportation or 

participating in an interline agreement 

must file OST Form 4523—counterpart 

to Agreement 18900—and, instead, 

include a new section 298.21(c)(1)(ix) 

that references language currently 

contained on the registration form (OST 

Form 4507) certifying that the air taxi 

operator complies with Agreement 

18900 and certifying that the 

information submitted on the 

registration form is complete and 

accurate. Finally, we propose to move 

the current requirement of section 

298.21(d), which prohibits an air taxi 

from operating scheduled passenger 

service unless it has first been found fit 

by the Department as a commuter air 

carrier, to new section 298.32. 

Section 298.22 Processing by the 

Department 

In this section, we propose to replace 

the obsolete reference to registration 

form ‘‘298–A’’ with the correct form 

number ‘‘OST Form 4507.’’

Section 298.23 Notification of the 

Department of Change in Operations 

We propose to amend section 

298.23(a) to clarify that amended air taxi 

registrations are to be submitted 

whenever any of the information 

contained on the most recently filed 

registration form changes. In doing so, 

we will replace the specific listing of 

items with a more general statement that 

applies to any of the information on the 

registration. We have also added a 

provision stating that filing fees are not 

required when submitting an 

amendment to a registration form. 

Section 298.23(b) will be amended to 

reflect the current addresses where 

amended air taxi registrations are to be 

submitted. 

Section 298.24 Cancellation of the 

Registration 

We propose to amend this section, 

which sets out circumstances under 

which the Department may cancel 

registrations issued under part 298, to 

eliminate all references to commuter air 

carriers, since the suspension or 

revocation of a commuter’s authority 

will now be addressed in new section 

298.53. In addition, we propose to 

specify additional circumstances 

beyond those currently contained in this 

section under which an air taxi 

registration may be cancelled. 

Specifically, these include (1) an air taxi 

operator’s failure to remain a U.S. 

citizen under 49 U.S.C. 40102(a)(15) 

(amended section 298.24(e)), and (2) 

other circumstances under which the 

Department determines that it is in the 

public interest to cancel a company’s 

registration (new section 298.24(f)). 

These changes merely clarify that an air 

taxi operator must remain a U.S. citizen 

to hold authority under part 298 as is 

required under the statute, and that the 

Department has the ability to cancel the 

exemption authority awarded to an air 

taxi if the Department determines that it 

is in the public interest to do so. 

Subpart D—Limitations and Conditions 

on Exemptions and Operations 

In this subpart, we propose to add 

sections 298.32 and 298.33 and amend 

sections 298.32, 298.35 and 298.36. 

Section 298.31 Scope of Service and 

Equipment Authorized 

As discussed in Section 298.2 above, 

we propose to add the word ‘‘originally’’

before the word ‘‘designed’’ to codify 

our long-held interpretation that aircraft 

operated under this part must have been 

originally designed to hold no more 

than 60 seats or 18,000 pounds payload. 

Section 298.32 Limitations on 

Operations to Eligible Places 

As mentioned previously, we propose 

to move, without change, the provisions 

of current section 298.21(d), which 

prohibits a commuter air carrier from 

operating without first having its fitness 

determined, to new section 298.32. 

Section 298.33 Security Requirements 

We propose to add this new section 

to clarify that, like certificated air 

carriers, air taxi operators and 

commuter air carriers must comply with 

security requirements established by the 

U.S. Government for such carriers. This 

imposes no new obligations on air taxis 

or commuters.

Section 298.35 Limitations on Carriage 

of Mail 

We propose to amend this section to 

clarify that ‘‘Postal Service’’ as used in 

that section refers to the ‘‘U.S. Postal 

Service.’’

Section 298.36 Limitations on Use of 

Business Name 

We propose to amend this section to 

clarify that a commuter may only hold 

out to the public in the name in which 

its Commuter Air Carrier Authorization 

is issued or in which another trade 

name is registered in accordance with 

part 215 (see revised section 298.36(a)). 

For clarity, we propose to revise 

paragraph (d) of this section to indicate 

that the Department is not precluded 

from intervening or taking enforcement 

action should there be evidence of a 

significant potential for, or actual, 

public confusion as a result of the use 

of a particular name. 

Section 298.38 Financial Security 

Arrangements for Operating Public 

Charters 

This section was previously titled 

‘‘Security arrangements for operating 

Public Charters.’’ We propose to amend 

the title of this section to clarify that 

this section refers to financial security 

requirements to avoid any confusion 

with general security requirements. In 

addition, we propose to replace an 

obsolete reference to 14 CFR 207.17 

with the correct reference to 14 CFR 

212.8. 

Subpart E—Commuter Air Carrier 

Authorizations 

We propose to add a new subpart E, 

‘‘Commuter Air Carrier Authorizations.’’

This subpart prescribes rules pertaining 

to commuter air carrier authority. 

Section 298.50 Applications 

This proposed new section contains 

directions for filing an application for a 

Commuter Air Carrier Authorization. In 

this section, we are not proposing any 

new requirements; rather, we are setting 

out provisions from other parts of the 

Department’s regulations to clarify in 

part 298 the actions required by 

applicants requesting a Commuter Air 

Carrier Authorization (e.g., an original 

and two copies of the application must 

be filed with the Department’s Dockets 

section, accompanied by the 

information required by 14 CFR 204 and 

the $670 filing fee). These requirements 

are found currently in sections 201.1 

and 389.25. 

Section 298.51 Processing by the 

Department 

This proposed new section states that 

applications for commuter authority 

will be processed in accordance with 

the procedural provisions of sections 

302.207–302.211 which are applicable 

to certificated air carriers but have been 

followed by the Department in 

processing applications for commuter 

air carrier authority. Thus, the section 

imposes no new requirements on 

commuter applicants. 

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 62837

Section 298.52 Air Taxi Operations by 

Commuter Air Carriers 

Proposed section 298.52(a) provides 

that, during such time as a commuter 

holds an effective Commuter Air Carrier 

Authorization, it may also conduct air 

taxi-type operations (e.g., scheduled and 

on-demand cargo, on-demand passenger 

service, and scheduled passenger 

services consisting of less than four 

weekly round trips in a market pursuant 

to a published schedule) under part 298 

without having to file a separate air taxi 

registration. Proposed section 298.53(b) 

provides that, if the carrier ceases its 

scheduled passenger commuter 

operations, resulting in the suspension 

of its commuter authority, it can 

continue to conduct other air taxi 

operations authorized by this part, 

provided that it registers as an air taxi 

operator under section 298.21 within 10 

days of such cessation and complies 

with all other requirements applicable 

to air taxi operators under part 298 

(including, for example, maintaining 

insurance coverage as required by part 

205 and retaining appropriate FAA 

authority). 

Section 298.53 Suspension or 

Revocation of Authority 

Proposed section 298.53 sets out 

circumstances under which the 

Department may suspend or revoke a 

Commuter Air Carrier Authorization. 

They also include the two additional 

requirements previously discussed in 

connection with changes to section 

298.24 (see the discussion above on 

section 298.24). 

Subparts F Through H 

No amendments are being made to 

subpart F, ‘‘Reporting Requirements,’’

subpart G, ‘‘Public Disclosure of Data,’’

and subpart H, ‘‘Violations.’’

Amendments to Other Rules 

To reflect the elimination of 

commuter registrations, we propose to 

make conforming amendments to other 

rules. We are also taking this 

opportunity to propose other minor 

administrative amendments to the 

Department’s regulations. Affected rules 

include the following: 

We propose to amend section 201.1(b) 

to remove the reference to commuter 

registrations by deleting the word 

‘‘registration’’ in the first sentence. 

We propose to amend section 203.3 to 

remove outdated references to the 

Department’s ‘‘Office of Aviation 

Analysis, Special Authorities Division’’

as the source for obtaining OST Forms 

4507 and 4523, replacing it with a 

reference to instructions in part 298 and 

14 CFR 294 on where to obtain these 

forms. 

We propose to amend sections 

205.4(a), (b), and (c) and 205.7(a) to 

remove the outdated references to the 

‘‘Office of Aviation Analysis’’ as the 

recipient of, and source for, certificate of 

insurance forms (OST Forms 6410 and 

6411) and other notices of insurance 

changes. A revised section 205.4(c) is 

added to reflect the correct addresses at 

the Department where insurance 

certificates and endorsements are to be 

filed.

We propose to amend section 215.3 to 

delete in the second sentence obsolete 

references to 14 CFR 221.21(j) and 

221.35(d). 

We propose to amend section 215.4(a) 

to delete the references to commuter 

registrations and amendments in the 

second sentence. The word ‘‘commuter’’

is added in the fourth sentence after the 

words ‘‘underlying certificate’’; the 

word ‘‘or’’ is eliminated before ‘‘foreign 

air carrier’’; and the word ‘‘permit’’ is 

eliminated and replaced with a comma 

(‘‘,’’) after ‘‘foreign air carrier’’. 

We propose to amend section 215.6 to 

delete the reference to commuter 

registrations. 

In section 380.2, we propose to amend 

the definition of ‘‘direct air carrier’’ to 

add the word ‘‘commuter’’ after the 

word ‘‘certificate’’ and before the words 

‘‘or foreign air carrier’’, to delete the 

reference to ‘‘commuter air carrier’’ after 

‘‘air taxi operator,’’ and to add 

‘‘authorization’’ after the word 

‘‘certificate’’ and before the word 

‘‘permit’’ to reflect that commuters 

receive a Commuter Air Carrier 

Authorization. 

We propose to amend section 

385.12(e) to remove the reference to 

commuter air carriers. 

We propose to amend section 

389.25(a), code 7, to read ‘‘Commuter 

Air Carrier Authorization * * * $670.’’

Paperwork Reduction Act 

OMB Information Collection Number:

2120–0633. 

Title of Information Collection:

Exemptions for Air Taxi and Commuter 

Air Carrier Operations. 

Affected Public: Commuter air carriers 

and applicants for commuter air carrier 

authority. 

Brief Abstract: Applicants for 

authority to operate as an air taxi 

operator or commuter air carrier under 

14 CFR part 298 are required to submit 

a registration form (OST Form 4507) 

that asks for basic information about the 

company (such as, name, address, 

telephone/fax numbers, types of 

operations being performed, Federal 

Aviation Administration (FAA) 

operating certificate, aircraft operated, 

and whether the company is a U.S. 

citizen). Once registered with the 

Department, the air taxi or commuter air 

carrier is required to submit an 

amendment to the Department when 

information on the registration changes. 

The proposed amendment here will 

eliminate this registration requirement 

for commuter air carriers—since the 

information required on the registration 

is duplicative of information provided 

to the Department elsewhere—thus 

resulting in a reduction in the abovenoted paperwork collection. 

Burden Hours: The amendment 

proposed here will result in a 

diminution of the regulatory burden on 

affected parties. There are 

approximately 35 currently-authorized 

commuter air carriers subject to this 

reporting requirement, and new 

applicants for commuter authority over 

the past three years have averaged 

approximately four per year. The 

paperwork burden of this reporting 

requirement on commuter air carriers 

varies depending on the extent to which 

the information on the registration 

changes. A carrier does not need to 

submit further forms if the information 

contained in a registration does not 

change. As a result, the number of 

registration forms filed will vary. Based 

on our recent experience in this area, we 

have estimated approximately two 

amended registrations per currentlyauthorized commuter air carrier plus 

one registration for each new commuter 

applicant. Thus, we estimate the 

reduction in the paperwork burden for 

these carriers to be, on an annual basis, 

approximately 74 responses (4 new and 

70 amended OST Forms 4507s) and 37 

burden hours (74 responses × .5 hours 

per response). 

Cost to the Respondents: We have 

previously estimated the average cost of 

completing and submitting a new or 

amended OST Form 4507 to be 

approximately $20.00. Thus, we 

estimate the cost savings to respondents 

of the proposed elimination of 

commuter registrations to be 

approximately $1,480 (74 responses ×

$20 per response). 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is the Department’s 

policy to comply with International 

Civil Aviation Organization (ICAO) 

Standards and Recommended Practices 

to the maximum extent practicable. The 

Department has determined that there 

are no ICAO Standards and 

Recommended Practices that 

62838 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 

correspond to these proposed 

regulations. 

Executive Order 12866 and DOT 

Regulatory Policies and Provisions 

Executive Order 12866, Regulatory 

Planning and Review, directs the 

Department to assess both the costs and 

the benefits of a regulatory change. We 

are not allowed to propose or adopt a 

regulation unless we make a reasoned 

determination that the benefits of the 

intended regulation justify the costs. 

Our assessment of this rulemaking 

indicates that its economic impact is 

minimal because the rule will not 

impose any new costs on the affected 

commuter air carriers; in fact, it relieves 

them of a filing requirement with the 

attendant costs and burdens. The 

remaining changes are administrative 

and editorial in nature and primarily 

reflect organizational and procedural 

changes within the Department. This 

rulemaking is non-significant under 

DOT policies and procedures and was 

not reviewed by the Office of 

Management and Budget under 

Executive Order 12866. 

Regulatory Flexibility Act Analysis 

The Regulatory Flexibility Act of 1980 

(RFA) directs the Department to fit 

regulatory requirements to the scale of 

the business, organizations, and 

governmental jurisdictions subject to 

the regulation. We are required to 

determine whether a proposed or final 

action will have a ‘‘significant economic 

impact on a substantial number of small 

entities’’ as they are defined in the Act. 

If we find that the action will have a 

significant impact, we must do a 

‘‘regulatory flexibility analysis.’’

This proposed rule relieves commuter 

air carriers from filing registration forms 

and amendments, and it reorganizes 

some of the regulations applicable to 

commuter air carriers. Therefore, we 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

Trade Impact Assessments 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. The 

Department has assessed the potential 

effect of this rulemaking and has 

determined that it will have only a 

domestic impact and therefore no effect 

on any trade-sensitive activity. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (the Act) is intended, among 

other things, to curb the practice of 

imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed or final agency 

rule that may result in an expenditure 

of $100 million or more (adjusted 

annually for inflation) in any one year 

by State, local, and tribal governments, 

in the aggregate, or by the private sector; 

such a mandate is deemed to be a 

‘‘significant regulatory action.’’

This proposal does not contain such 

a mandate. The requirements of Title II 

of the Act, therefore, do not apply.

Executive Order 13132, Federalism 

The Department has analyzed this 

proposed rule under the principles and 

criteria of Executive Order 13132, 

Federalism. We have determined that 

this action would not have a substantial 

direct effect on the States, on the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.

List of Subjects 

14 CFR Part 201

Air carriers, Reporting and 

recordkeeping requirements. 

14 CFR Part 203

Air carriers, Air transportation, 

Foreign relations, Insurances, Reporting 

and recordkeeping requirements. 

14 CFR Part 205

Air carriers, Freight, Insurance, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 215

Air carriers, Reporting and 

recordkeeping requirements, Trade 

Names. 

14 CFR Part 298

Air taxis, Reporting and 

recordkeeping requirements. 

14 CFR Part 380

Charter flights, Reporting and 

recordkeeping requirements, Surety 

bonds. 

14 CFR Part 385

Organization and functions 

(Government agencies). 

14 CFR Part 389

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements.

The Proposed Amendment 

For the reasons set forth in the 

preamble, the Department proposes to 

amend title 14, chapter II of the Code of 

Federal Regulations as follows:

PART 201—AIR CARRIER AUTHORITY 

UNDER SUBTITLE VII OF TITLE 49 OF 

THE UNITED STATES CODE 

1. The authority citation for Part 201 

continues to read as follows:

Authority: 5 U.S.C. 1008; 49 U.S.C. 

Chapters 401, 411, 413, 415, 417.

§ 201.1 [Amended] 

2. In § 201.1(b), remove the word 

‘‘registration’’ in the first sentence.

PART 203—WAIVER OF WARSAW 

CONVENTION LIABILITY LIMITS AND 

DEFENSES 

3. The authority citation for Part 203 

continues to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 

413, 415, 417.

§ 203.3 [Amended] 

4. In § 203.3, in the second sentence 

remove the words ‘‘with the 

Department’s Office of Aviation 

Analysis’’ and add, in their place, ‘‘in 

accordance with the provisions of those 

parts’’, and remove the last sentence.

PART 205—AIRCRAFT ACCIDENT 

LIABILITY INSURANCE 

5. The authority citation for Part 205 

continues to read as follows:

Authority: 49 U.S.C. chapters 401, 411, 

413, 417.

6. Amend § 205.4 as follows: 

A. Revise paragraph (a) to read as set 

forth below;

B. Amend paragraph (b) by removing 

the words ‘‘Department’s Office of 

Aviation Analysis’’ in the first sentence 

and adding, in their place, ‘‘Department 

at the addresses specified in paragraph 

(c) of this section’’; and 

C. Revise paragraph (c) to read as set 

forth below. 

The revisions read as follows:

§ 205.4 Filing of evidence of insurance. 

(a) A U.S. or foreign air carrier shall 

file a certificate of insurance or a 

complete plan for self-insurance with 

the Department. Each carrier shall 

ensure that the evidence of aircraft 

accident liability coverage filed with the 

Department is correct at all times. The 

Department will normally notify the

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 62839

1 Interstate air transportation is defined in section 

40102(a)(25) as the transportation of passengers or 

property by aircraft as a common carrier for 

compensation, or the transportation of mail by 

aircraft (1) between a place in (i) a State, territory, 

or possession of the United States and a place in 

the District of Columbia or another State, territory, 

or possession of the United States; (ii) Hawaii and 

another place in Hawaii through the airspace over 

a place outside Hawaii; (iii) the District of Columbia 

and another place in the District of Columbia; or 

(iv) a territory or possession of the United States 

and another place in the same territory or 

possession; and (2) when any part of the 

transportation is by aircraft. Note: Operations 

wholly within the geographic limits of a single State 

are not considered interstate air transportation if in 

those operations the carrier 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) of the Statute as the transportation of 

passengers or property by aircraft as a common 

carrier for compensation, or the transportation of 

mail by aircraft, between a place in the United 

States and a place outside of the United States and 

when any part of the transportation is by aircraft. 

Air transportation also is defined to include 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 contract with the U.S. Postal Service.

carrier within 20 days of receipt if the 

certificate or plan does not meet the 

requirements of this part. Certificates of 

Insurance shall be filed on OST Form 

6410 for U.S. air carriers, including 

commuter air carriers and air taxi 

operators, and OST Form 6411 for 

foreign air carriers, including Canadian 

air taxi operators. The Department may 

return the certificate or self-insurance 

plan to the carrier if it finds for good 

cause that such certificate or plan does 

not show adequate evidence of 

insurance coverage under this part. 

Forms may be obtained from and should 

be filed with the Department at the 

addresses specified in paragraph (c) of 

this section. Forms may also be obtained 

on the Internet at http://

ostpxweb.dot.gov/aviation.

* * * * *

(c) Certicates of insurance and 

endorsements required in paragraphs (a) 

and (b) of this section shall be submitted 

to the Department of Transportation, 

Federal Aviation Administration, 

Program Management Branch, AFS–260, 

800 Independence Avenue, SW., 

Washington, DC 20591. For those air 

carriers that have a mailing address in 

the State of Alaska, the forms shall be 

submitted to the Department of 

Transportation, Federal Aviation 

Administration, Alaskan Region 

Headquarters, AAL–230, 222 West 7th 

Avenue, Box 14, Anchorage, Alaska 

99513. For Canadian air taxis, the forms 

shall be submitted to the Department of 

Transportation, Special Authorities 

Division, X–46, 400 7th Street SW., 

Washington, DC 20590.

§ 205.7 [Amended]

* * * * *

9. In § 205.7(a), remove the words 

‘‘Department’s Office of Aviation 

Analysis (or, for Alaskan air taxi 

operators, to the Department’s Alaska 

Field Office)’’ and add, in their place 

the words ‘‘Department at the addresses 

specified in § 205.4(c)’’.

PART 215—USE AND CHANGE OF 

NAMES OF AIR CARRIERS, FOREIGN 

AIR CARRIERS AND COMMUTER AIR 

CARRIERS 

10. The authority citation for part 215 

continues to read as follows:

Authority: 40 U.S.C. chapters 401, 411, 

413, 417.

§ 215.3 [Amended] 

11. In § 215.3, in the second sentence, 

remove the words ‘‘Except as provided 

in §§ 221,21(J) and 221.35(d) of this 

chapter,’’.

§ 215.4 [Amended] 

12. In § 215.4(a), in the second 

sentence, remove the words ‘‘, as well 

as any commuter air carrier registration 

or amendment filed under part 298,’’

and add the word ‘‘commuter’’ after 

‘‘certificate,’’ in the fourth sentence.

§ 215.6 [Amended] 

13. In § 215.6, remove the words ‘‘or 

in approving the commuter 

registration,’’ in the first sentence.

PART 298—EXEMPTIONS FOR AIR 

TAXI AND COMMUTER AIR CARRIER 

OPERATIONS 

14. The authority citation for part 298 

continues to read as follows:

Authority: 49 U.S.C. 329 and Chapters 401, 

411, 417.

15. Amend Part 298 by revising 

Subparts A through E to read as follows:

PART 298—EXEMPTIONS FOR AIR 

TAXI AND COMMUTER AIR CARRIER 

OPERATIONS

Subpart A—General 

Sec. 

298.1 Applicability of part. 

298.2 Definitions. 

298.3 Classification. 

298.4 Requests for statement of authority.

Subpart B—Exemptions 

298.11 Exemption authority. 

298.12 Duration of exemption.

Subpart C—Registration for Exemption by 

Air Taxi Operators 

298.21 Filing for registration by air taxi 

operators. 

298.22 Processing by the Department. 

298.23 Notifications to the Department of 

change in operations. 

298.24 Cancellation of the registration.

Subpart D—Limitations and Conditions on 

Exemptions and Operations 

298.30 Public disclosure of policy on 

consumer protection. 

298.31 Scope of service and equipment 

authorized. 

298.32 Limitation on operations to eligible 

places. 

298.33 Security requirements. 

298.34 [Reserved] 

298.35 Limitations on carriage 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 E—Commuter Air Carrier 

Authorizations 

298.50 Application. 

298.51 Processing by the Department. 

298.52 Air taxi operations by commuter air 

carriers. 

298.53 Suspension or revocation of 

authority.

Subpart A—General

§ 298.1 Applicability of part. 

This part establishes classifications of 

air carriers known as ‘‘air taxi 

operators’’ and ‘‘commuter air carriers,’’

provides certain exemptions to them 

from some of the economic regulatory 

provisions of subtitle VII of title 49 of 

the United States Code (Transportation), 

specifies procedures by which such air 

carriers may obtain authority to conduct 

operations, and establishes rules 

applicable to their operations in 

interstate and/or foreign air 

transportation in all States, Territories 

and possessions of the United States. 

This part also establishes reporting 

requirements for commuter air carriers 

and small certificated air carriers.

§ 298.2 Definitions. 

As used in this part: 

Air taxi operator means an air carrier 

as established by § 298.3(a). 

Air transportation means interstate air 

transportation, foreign air 

transportation, or the transportation of 

mail aircraft as defined by the Statute 1

Aircraft-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 stage. 

Aircraft miles means the miles 

(computed in airport-to-airport 

distances) for each flight stage actually 

completed, whether or not performed in 

accordance with the scheduled pattern. 

62840 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 

2This weight may 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 airframe, engines, 

propellers, and fixed equipment. Empty weight 

excludes the weight of the crew and payload, but 

includes the weight of all fixed ballast, unusable 

fuel supply, undrainable oil, total quantity of 

engine coolant, and total quantity of hydraulic 

fluid.

4Assumes VFR weather conditions and flights 

not involving extended overwater operations.

5The maximum 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 FAA’s type certificate data 

sheets, and/or in FAA-approved flight manuals.

Certificated air carrier means an air 

carrier holding a certificate issued under 

section 41102 of the Statute. 

Citizen of the United States means: 

(1) An individual who is a citizen of 

the United States; 

(2) A partnership each of whose 

partners is an individual who is a 

citizen of the States; or 

(3) A corporation or association 

organized under the laws of the United 

States or a state, the District of 

Columbia, or a territory or possession of 

the United States, of which the 

president 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 control of 

citizens of the United States, and in 

which at least 75 percent of the voting 

interest is owned or controlled by 

persons that are citizens of the United 

States. 

Commuter air carrier means an air 

carrier as established by § 298.3(b) that 

carriers passengers on at least five round 

trips per week on at least one route 

between two or more points according 

to its published flight schedules that 

specify the times, days of the week, and 

places between which those flights are 

performed. 

Departure means takeoff from an 

airport. 

Eligible place means a place in the 

United States that—

(1)(i) Was an eligible point under 

section 419 of the Federal Aviation Act 

of 1958 as in effect before October 1, 

1988; 

(ii) Received scheduled air 

transportation at any time after January 

1, 1990; and 

(iii) Is not listed in Department of 

Transportation Orders 89–9–37 and 89–

12–52 as a place ineligible for 

compensation under Subchapter II of 

chapter 417 of the Statute; or 

(2) Was determined, on or after 

October 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 Department to 

be eligible to receive subsidized small 

community air service under section 

41736(a) of the Statute. 

Flight stage 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 

authorized by the terms of the aircraft 

airworthiness certificate.2

Maximum passenger capacity means 

the maximum number of passenger seats 

for which an aircraft is configured. 

Maximum payload capacity means 

the maximum certificated take-off 

weight of an aircraft, less the empty 

weight,3 less all justifiable aircraft 

equipment, and less the operating load 

(consisting of minimum fuel load, oil, 

flight crew, steward’s supplies, etc.). For 

purposes of this part, the allowance for 

the weight of the crew, oil, and fuel is 

as follows:

(1) Crew—200 pounds per crew 

member required under FAA 

regulations, 

(2) Oil—350 pounds,

(3) Fuel—The minimum weight of 

fuel required under FAA regulations for 

a flight between domestic points 200 

miles apart,4

Provided, however, That in the case of 

aircraft for which a maximum zero fuel 

weight is prescribed by the FAA,5

maximum payload capacity means the 

maximum zero fuel weight, less the 

empty weight, less all justifiable aircraft 

equipment, and less the operating load 

(consisting of minimum flight crew, 

steward’s 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 the definition of revenue passenger; 

a person traveling at a fare or discount 

available only to employees or 

authorized persons of air carriers or 

their agents or only for travel on the 

business of the carriers; and an infant 

who does not occupy a seat. (This 

definition is for 14 CFR part 298 trafficreporting purposes and may differ from 

the definitions used in other parts by 

the Federal Aviation Administration 

and the transportation Security 

Administration for the collection of 

passenger Facility Charges and Security 

Fees.) The definition includes, but is not 

limited to, the following examples of 

passengers when traveling free or 

pursuant to token charges: 

(1) Directors, officers, employees, and 

others authorized by the air carrier 

operating the aircraft; 

(2) Directors, officers, employees, and 

others authorized by the air carrier or 

another carrier traveling pursuant to a 

pass interchange agreement: 

(3) Travel agents being transported for 

the purpose of familiarizing themselves 

with the carrier’s services; 

(4) Witnesses and attorneys attending 

any legal investigation in which such 

carrier is involved; 

(5) Persons injured in aircraft 

accidents, and physicians, nurses, and 

others 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, 

including any person who has the duty 

of guarding government officials who 

are traveling on official business or 

traveling to or from such duty; 

(8) Guests of an air carrier on an 

inaugural flight or delivery flights or 

newly-acquired or renovated aircraft; 

(9) Security guards who have been 

assigned the duty to guard such aircraft 

against unlawful seizure, sabotage, or 

other unlawful interference; 

(10) Safety inspectors of the National 

Transportation Safety Board or the FAA 

in their official duties or traveling 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 engaged in 

the manufacture, development or testing 

of a particular type of aircraft 

equipment, when the transportation is 

provided for the purpose of in-flight 

observation and subject to applicable 

FAA regulations; 

(13) persons engaged in promoting air 

transportation; 

(14) Air marshals and other 

Transportation 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 connection 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 continental 

United States, except Alaska, it shall 

have the same meaning except be

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 62841

limited to the area within a 3-mile 

radius of such airport or place: 

Provided, That for the purposes of this 

part, West 30th Street Heliport and Pan 

Am Building Heliport, both located in 

New York City, shall be regarded as 

separate points. 

Reporting carrier for Schedule T–100 

purposes means the air carrier in 

operational control of the light, 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. 

(This definition is for 14 CFR part 298 

traffic-reporting purposes and may 

differ from the definitions used in other 

parts by the Federal Aviation 

Administration and the Transportation 

Security Administration for the 

collection of Passenger Facility Charges 

and Security Fees.) This includes, but is 

not limited to, the following examples: 

(1) Passengers traveling under 

publicly available tickets including 

promotional offers (for example two-forone) or loyalty programs (for example, 

redemption of frequent flyer points); 

(2) Passengers traveling on vouchers 

or tickets issued as compensation for 

denied boarding or in response to 

consumer complaints or claims; 

(3) Passengers traveling at corporate 

discounts; 

(4) Passengers traveling on 

preferential fares (Government, seamen, 

military, youth, student, etc.);

(5) Passengers traveling on barter 

tickets; and 

(6) Infants traveling on confirmedspace tickets. 

Revenue passenger-mile means one 

revenue passenger transported one mile. 

Revenue passenger-miles are computed 

by multiplying the aircraft miles flown 

on each flight stage by the number of 

revenue passengers carried on that flight 

stage. 

Revenue seat-miles available means 

the aircraft-miles flown on each flight 

stage multiplied by the number of seats 

available for sale on that flight stage. 

Revenue ton-mile means one ton of 

revenue traffic transported one mile. 

Revenue ton-miles are computed by 

multiplying the aircraft-miles flown on 

each flight stage by the number of 

pounds of revenue traffic carried on that 

flight stage and converted to ton-miles 

by dividing total revenue pound-miles 

by 2,000 pounds. 

Revenue ton-miles available means 

the aircraft-miles flown on each flight 

stage multiplied by the number of 

pounds of aircraft capacity available for 

use on that stage and converted to tonmiles by dividing total pound-miles 

available by 2,000 pounds. 

Scheduled service means transport 

service operated over routes pursuant to 

published flight schedules or pursuant 

to mail contracts with the U.S. Postal 

Service. 

Small aircraft means any aircraft 

originally designed to have a maximum 

passenger capacity of 60 seats or less or 

a maximum payload capacity of 18,000 

pounds or less. 

Small certificated air carrier means an 

air carrier holding a certificate issued 

under section 41102 of the Statute that 

provides scheduled passenger air 

service within and between only the 50 

States of the United States, the District 

of Columbia, the Commonwealth of 

Puerto Rico, and the U.S. Virgin Islands 

with small aircraft as defined in this 

section. 

Statute means Subtitle VII of title 49 

of the United States Code 

(Transportation). 

Ton means a short ton, i.e., 2,000 

pounds. 

Wet-Lease Agreement means an 

agreement under which one carrier 

leases an aircraft with flight crew to 

another air carrier.

§ 298.3 Classification. 

(a) There is hereby established a 

classification of air carriers, designated 

as ‘‘air taxi operators,’’ which directly 

engage in the air transportation of 

persons or property or mail or in any 

combination of such transportation and 

which: 

(1) Do not directly or indirectly utilize 

large aircraft in air transportation; 

(2) Do not hold a certificate of public 

convenience and necessity and do not 

engage in scheduled passenger 

operations as specified in paragraph (b) 

of this section; 

(3) Have and maintain in effect 

liability insurance coverage in 

compliance with the requirements set 

forth in part 205 of this chapter and 

have and maintain a current certificate 

of insurance evidencing such coverage 

on file with the Department; 

(4) If operating in foreign air 

transportation or participating in an 

interline agreement, subscribe to 

Agreement 18900 (OST Form 4523 or 

OST Form 4507) and comply with all 

other requirements of part 203 of this 

chapter; and 

(5) Have registered with the 

Department in accordance with subpart 

C of this part. 

(b) There is hereby established a 

classification of air carriers, designated 

as ‘‘commuter air carriers,’’ which 

directly engage in the air transportation 

of persons, property or mail, and which: 

(1) Do not directly or indirectly utilize 

large aircraft in air transportation; 

(2) Do not hold a certificate of public 

convenience and necessity; 

(3) Carry passengers on at least five 

round trips per week on at least one 

route between two or more points 

according to its published flight 

schedules that specify the times, days of 

the week, and places between which 

those flights are performed; 

(4) Have and maintain in effect 

liability insurance coverage in 

compliance with the requirements set 

forth in part 205 of this chapter and 

have and maintain a current certificate 

of insurance evidencing such coverage 

on file with the Department; 

(5) Have and maintain in effect and on 

file with the Department a signed 

counterpart of Agreement 18900 (OST 

Form 4523) and comply with all other 

requirements of part 203 of this chapter; 

and 

(6) Hold a Commuter Air Carrier 

Authorization issued in accordance 

with subpart E of this part. 

(c) A person who does not observe the 

conditions set forth in paragraph (a) or 

(b) of this section shall not be an air taxi 

operator or commuter air carrier within 

the meaning of this part with respect to 

any operations conducted while such 

conditions are not being observed, and 

during such periods is not entitled to 

any of the exemptions set forth in this 

part.

§ 298.4 Requests for statement of 

authority. 

In any instance where an air taxi 

operator or commuter air carrier is 

required by a foreign government to 

produce evidence of its authority to 

engage in foreign air transportation 

under the laws of the United States, the 

Director, Office of Aviation Analysis (X–

50), Office of the Secretary, 400 7th 

Street, SW., Washington, DC 20590, 

will, upon request, furnish the carrier 

with a written statement, outlining its 

general operating privileges under this 

part for presentation to the proper 

authorities of the foreign government.

Subpart B—Exemptions

§ 298.11 Exemption authority. 

Air taxi operators and commuter air 

carriers are hereby relieved from the 

following provisions of the Statute only 

if and so long as they comply with the 

provisions of this part and the 

conditions imposed herein, and to the 

extent necessary to permit them to 

conduct air taxi or commuter air carrier 

operations:

(a) Section 41101; 

(b) Section 41504; except that the 

requirements of that section shall apply 

to: 

62842 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 

6OST Form 4507 can be obtained from the 

Manager, Program Management Branch, Federal 

Aviation Administration, AFS–260, or on the World 

Wide Web at http://www.faa.gov/avr/afs/afs200/

afs260/Part298.cfm.

7Companies proposing to provide scheduled 

passenger service at the level established by this 

Part for commuter air carriers are not permitted to 

conduct such operations under their air taxi 

registration; such companies must first be found fit, 

willing and able to operate and be issued a 

Commuter Air Carrier Authorization by the 

Department.

(1) Tariffs for through rates, fares, and 

charges filed jointly by air taxi operators 

or commuter air carriers with air 

carriers or with foreign air carriers 

subject to the tariff-filing requirements 

of Chapter 415; and 

(2) Tariffs required to be filed by air 

taxi operators or commuter air carriers 

which embody the provisions of the 

counterpart to Agreement 18900 as 

specified in part 203 of this chapter; 

(c) Section 41702, except for the 

requirements that air taxi operators and 

commuter air carriers shall: 

(1) Provide safe service, equipment, 

and facilities in connection with air 

transportation; 

(2) Provide adequate service insofar as 

that requires them to comply with parts 

252 and 382 of this chapter; 

(3) Observe and enforce just and 

reasonable joint rates, fares, and 

charges, and just and reasonable 

classifications, rules, regulations and 

practices as provided in tariffs filed 

jointly by air taxi operators or commuter 

air carriers with certificated air carriers 

or with foreign air carriers; and 

(4) Establish just, reasonable, and 

equitable divisions of such joint rates, 

fares, and charges as between air 

carriers participating therein which 

shall not unduly prefer or prejudice any 

of such participating air carriers; 

(d) Section 41310, except that the 

requirements of that subsection shall 

apply to through service provided 

pursuant to tariffs filed jointly by air 

taxi operators or commuter air carriers 

with certificated air carriers or with 

foreign air carriers and to transportation 

of the handicapped to the extent that 

that is required by part 382 of this 

chapter. 

(e) Section 41902; 

(f) Section 41708.

§ 298.12 Duration of exemption. 

The exemption from any provision of 

the Statute provided by this part shall 

continue in effect only until such time 

as the Department shall find that 

enforcement of that provision would be 

in the public interest, at which time the 

exemption shall terminate or be 

conditioned with respect to the person, 

class of persons, or service (e.g., limitedentry foreign air transportation market) 

subject to the finding.

Subpart C—Registration for Exemption 

by Air Taxi Operators

§ 298.21 Filing for registration by air taxi 

operators. 

(a) Every air taxi operators who plans 

to commence operations under this part 

shall register with the Department not 

later than 30 days prior to the 

commencement of such operations, 

unless, upon a showing of good cause 

satisfactory to the Manager, Program 

Management Branch (AFS–260), Federal 

Aviation Administration, registration 

within a lesser period of time is 

allowed. 

(b) The registration of an air taxi 

operator shall remain in effect until it is 

amended by the carrier or canceled by 

the Department. 

(c) Registration by all air taxi 

operators shall be accomplished by 

filing with the Department at the 

address specified in paragraph (d) of 

this section the following: 

(1) Air Taxi Registration (OST Form 

4507), executed in duplicate.6 This form 

shall be certified by a responsible 

official and shall include the following 

information:

(i) The name of the carrier and its 

mailing address; 

(ii) The carrier’s principal place of 

business, if different from its mailing 

address, and its telephone number and 

fax number; 

(iii) The carrier’s FAA certificate 

number, if any, and the address and 

telephone number of the carrier’s local 

FAA office; 

(iv) The type of service the carrier will 

offer (scheduled passenger,7 scheduled 

cargo, mail under a U.S. Postal Service 

contract, on-demand passenger, ondemand cargo, or other service such as 

air ambulance operations, firefighting or 

seasonal operations);

(v) A list of the aircraft that the carrier 

proposes to operate, or, in the case of an 

amendment to the registration, the 

aircraft that it is currently operating in 

its air taxi operations, and the aircraft 

type, FAA registration number and 

passenger capacity of each aircraft; 

(vi) For initial registration, the 

proposed date of commencement of air 

taxi operations; 

(vii) For amendment, whether the 

carrier has carried passengers in foreign 

air transportation during the previous 

12 months; 

(viii) Whether the carrier is a citizen 

of the United States; and

(ix) A certification that the 

registration is complete and accurate 

and that, if the carrier is engaged in 

foreign air transportation, or 

participating in an interline agreement, 

it subscribes to the terms of Agreement 

18900 (see OST Form 4523). 

(2) A certificate of insurance (OST 

Form 6410) which is currently effective 

(or in case of initial registration, is to 

become effective), as defined in part 205 

of this chapter; 

(3) An 8 dollar ($8) registration filing 

fee in the form of a check, draft, or 

postal money order payable to the 

Department of Transportation. 

(d) Registrations required in 

paragraph (c) of this section shall be 

submitted to the Department of 

Transportation, Federal Aviation 

Administration, Program Management 

Branch (AFS–260), 800 Independence 

Avenue, SW., Washington, DC 20591. 

For those air taxi operators that have a 

mailing address in the State of Alaska, 

the registrants shall be filed with the 

Department of Transportation, Federal 

Aviation Administration, Alaskan 

Region Headquarters (AAL–230), 222 

West 7th Avenue, Box 14, Anchorage, 

Alaska 99513.

§ 298.22 Processing by the Department. 

After examination of the OST Form 

4507 submitted by the carrier, the 

Department will stamp the effective date 

of the registration on the form and 

return the duplicate copy to the carrier 

to confirm that it has registered with the 

Department as required by this part. The 

effective date of the registration shall 

not be earlier than the effective date of 

the insurance policy or policies named 

in the certificate of insurance filed by 

the carrier under § 298.21(c)(2).

§ 298.23 Notifications to the Department of 

change in operations. 

(a) If any of the information contained 

on its registration changes, an air taxi 

operator shall submit an amendment 

reflecting the updated information. This 

amendment shall be filed no later than 

30 days after the change occurs. There 

is no filing fee for submitting an 

amendment. 

(b) An amendment shall be made by 

resubmitting OST Form 4507 to the 

Department of Transportation, Federal 

Aviation Administration, Program 

Management Branch (AFS–260), 800 

Independence Avenue, SW., 

Washington, DC 20591. If the air taxi 

operator has a mailing address in the 

State of Alaska, the form shall be mailed 

to the Department of Transportation, 

Federal Aviation Administration, 

Alaskan Region Headquarters, (AAL–

230), 222 West 7th Avenue, Box 14, 

Anchorage, Alaska 99513.

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 62843

§ 298.24 Cancellation of the registration. 

The registration of an air taxi operator 

may be canceled by the Department if 

any of the following occur: 

(a) The operator ceases its operations; 

(b) The operator’s insurance coverage 

changes or lapses; 

(c) The operator fails to file an 

amended registration when required by 

§ 298.23; 

(d) The operator’s Air Carrier 

Certificate and/or Operations 

Specifications is revoked by the Federal 

Aviation Administration; 

(e) The operator fails to qualify as a 

citizen of the United States; 

(f) The Department determines that it 

is otherwise in the public interest to do 

so.

Subpart D—Limitations and Conditions 

on Exemptions and Operations

§ 298.30 Public disclosure of policy on 

consumer protection. 

(a) Every air taxi and commuter air 

carrier shall cause to be displayed 

continuously in a conspicuous public 

place at each desk, station and position 

in the United States that is in charge of 

a person employed exclusively by it, or 

by it jointly with another person, or by 

any agent employed by it to sell tickets 

to passengers, a sign located so as to be 

clearly visible and readable to the 

traveling public, containing a statement 

setting forth the air taxi and commuter 

air carrier’s policy on baggage liability 

and denied boarding compensation. 

(b) An air taxi or commuter air carrier 

shall provide a written notice on or with 

a passenger’s ticket concerning baggage 

liability as provided in § 254.5 of this 

chapter. These ticket notices are 

required only for passengers whose 

ticket includes a flight segment that uses 

large aircraft (more than 60 seats). 

(c) If the substantive terms of the 

counter sign and ticket notice required 

by this section differ, the terms 

contained in the required ticket notice 

govern.

§ 298.31 Scope of service and equipment 

authorized. 

Nothing in this part shall be 

considered as authorizing the operation 

of large aircraft in air transportation, 

and the exemption provided by this part 

to air taxi operators and commuter air 

carriers that register with the 

Department extends only to the direct 

operation in air transportation in 

accordance with the limitations and 

conditions of this part of aircraft 

originally designed to have a maximum 

passenger capacity of 60 seats or less or 

a maximum payload capacity of 18,000 

pounds or less.

§ 298.32 Limitation on operations to 

eligible places. 

No person shall provide scheduled 

passenger service as a commuter air 

carrier at an eligible place unless it has 

been found by the Department to be fit, 

willing, and able to conduct such 

service and issued a Commuter Air 

Carrier Authorization as provided in 

subpart E of this part.

§ 298.33 Security requirements. 

In conducting operations under this 

part, an air taxi operator or a commuter 

air carrier is required to adhere to all 

security requirements established by the 

Department of Transportation and the 

Department of Homeland Security 

applicable to such operations.

§ 298.34 [Reserved]

§ 298.35 Limitations on carriage of mail. 

An air taxi operator or commuter air 

carrier is not authorized to carry mail 

except pursuant to contract with the 

U.S. Postal Service entered into 

pursuant to section 5402 of the Postal 

Reorganization Act (39 U.S.C. 5402).

§ 298.36 Limitations on use of business 

name. 

(a) An air taxi operator or commuter 

air carrier in holding out to the public 

and in performing its services in air 

transportation shall do so only in the 

name or names in which its air carrier 

certificate is issued pursuant to section 

44702 of the Statute by the Federal 

Aviation Administration, and in which 

it is registered with the Department 

under this part, or in which its 

Commuter Air Carrier Authorization is 

issued or other trade name is registered. 

(b) Slogans shall not be considered 

names for the purposes of this section, 

and their use is not restricted hereby. 

(c) Commuter air carriers are subject 

to the provisions of part 215 of this 

chapter with regard to the use and 

change of air carrier names. 

(d) Neither the provisions of this 

section nor the grant of a permission 

hereunder shall preclude Department 

intervention or enforcement action 

should there be evidence of a significant 

potential for, or of actual, public 

confusion.

§ 298.37 Prohibition of services not 

covered by insurance. 

An air taxi operator or commuter air 

carrier shall not operate in air 

transportation or provide or offer to 

provide air transportation unless there 

is in effect liability insurance which 

covers such transportation and which is 

evidenced by a current certificate of 

insurance on file with the Department 

as required by part 205 of this chapter.

§ 298.38 Financial security arrangements 

for operating Public Charters. 

When an air taxi operator or 

commuter air carrier performs a Public 

Charter under part 380 of this chapter, 

either: 

(a) The air taxi operator or commuter 

air carrier shall meet the bonding or 

escrow requirements applicable to 

certificated air carriers as set forth in 

§ 212.8 of this chapter; or 

(b) The air taxi operator or commuter 

air carrier shall ensure that it does not 

receive any payments for the charter 

until after the charter has been 

completed. In this case, its contracts 

with the charter operator and the charter 

operator’s depository bank, if any, shall 

state that the charter operator or bank, 

as applicable, shall retain control of and 

responsibility for all participant funds 

intended for payment for air 

transportation until the charter has been 

completed, notwithstanding any 

provision of part 380 of this chapter.

Subpart E—Commuter Air Carrier 

Authorizations

§ 298.50 Application. 

(a) Any person desiring to provide air 

transportation as a commuter air carrier 

must first obtain a Commuter Air Carrier 

Authorization. This shall be 

accomplished by filing with the 

Department—

(1) An application in accordance with 

the requirements of parts 201 and 302 

of this chapter; 

(2) Data in accordance with part 204 

of this chapter to support a 

determination by the Department that 

the person is ‘‘fit, willing, and able’’ to 

operate the proposed commuter service; 

and 

(3) A $670 filing fee in the form of a 

check, draft, or postal money order 

payable to the Department of 

Transportation. 

(b) An executed original and two true 

copies of an application for a Commuter 

Air Carrier Authorization shall be filed 

with Department of Transportation 

Dockets, 400 7th Street, SW., PL–401, 

Washington, DC 20590.

§ 298.51 Processing by the Department. 

In processing applications filed in 

accordance with § 298.50, the 

Department will generally follow the 

procedures set forth in §§ 302.07 

through 302.211 of this chapter.

§ 298.52 Air taxi operations by commuter 

air carriers. 

(a) A commuter air carrier that holds 

an effective Commuter Air Carrier 

Authorization and otherwise meets the 

requirements of this part is also 

authorized to conduct air taxi

62844 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Proposed Rules 

operations (e.g., scheduled cargo, mail 

under a U.S. Postal Service contract, ondemand passenger, on-demand cargo, or 

other service such as air ambulance 

operations, firefighting or seasonal 

operations) without having to meet the 

registration requirements of subpart C of 

this part, except as provided in 

paragraph (b) of this section. 

(b) Should a commuter air carrier 

cease conducting all scheduled 

passenger operations and its Commuter 

Air Carrier Authorization is suspended 

pursuant to §§ 298.53 and/or 204.7 of 

this chapter, it may continue to conduct 

air taxi operations provided that the 

carrier maintains in effect liability 

insurance coverage as required for such 

operations by part 205 of this chapter 

and, within 10 days of the cessation of 

scheduled passenger operations, 

registers as an air taxi operator in 

accordance with subpart C of this part; 

and provided further that the carrier 

continues to hold authority from the 

Federal Aviation Administration to 

conduct such air taxi operations.

§ 298.53 Suspension or revocation of 

authority. 

A Commuter Air Carrier 

Authorization may be suspended or 

revoked if any of the following occur:

(a) The operator fails to maintain 

insurance coverage as required by part 

205 of this chapter for commuter 

operations; 

(b) The scheduled passenger authority 

under the operator’s Air Carrier 

Certificate is suspended or revoked by 

the Federal Aviation Administration; 

(c) The operator does not commence 

operations for which it has been found 

fit, or the operator ceases those 

operations as provided in § 204.7 of this 

chapter; 

(d) The Department finds that the 

carrier is not fit, willing, and able to 

conduct scheduled service or fails to 

qualify as a citizen of the United States; 

or 

(e) The Department determines that it 

is otherwise in the public interest to do 

so.

PART 380—PUBLIC CHARTERS 

16. The authority citation for part 380 

continues to read as follows:

Authority: 49 U.S.C. 40101, 40102, 40109, 

40113, 41101, 41103, 41301, 41504, 41702, 

41708, 41712, 46101.

§ 380.2 [Amended] 

17. In § 380.2 in the definition of 

Direct air carrier add the word ‘‘, 

commuter’’ after ‘‘certificated’’; remove 

the words ‘‘or commuter air carrier’’

after ‘‘air taxi operator’’ the first time 

that term is used; and add 

‘‘authorization,’’ between ‘‘certificate’’

and ‘‘permit’’.

PART 385—STAFF ASSIGNMENTS 

AND REVIEW OF ACTION UNDER 

ASSIGNMENTS 

18. The authority citation for part 385 

continues to read as follows:

Authority: 49 U.S.C. subtitle I, chapters 

401, 411, 413, 415, 417.

§ 385.12 [Amended] 

19. In § 385.12(e), remove the words 

‘‘and commuter air carriers’’.

PART 389—FEES AND CHARGES FOR 

SPECIAL SERVICES 

20. The authority citation for part 389 

continues to read as follows:

Authority: Sec. 204, 1002, Pub. L. 85–726, 

as amended, 72 Stat. 743, 797; 49 U.S.C. 

1324, 1502. Act of August 31, 1951, ch. 376, 

65 Stat. 268; 31 U.S.C. 483a.

§ 389.25 [Amended] 

21. In § 389.25(a), in the table, under 

the entry Code 7, remove the words 

‘‘Scheduled Passenger Commuter 

Registration’’ and add, in their place, 

‘‘Commuter Air Carrier Authorization’’.

Karan K. Bhatia, 

Assistant Secretary for Aviation and 

International Affairs.

[FR Doc. 04–23859 Filed 10–27–04; 8:45 am] 

BILLING CODE 4910–62–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 041018283-4283-01; I.D. 

102204C]

RIN 0648-AS81

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) Provisions; 

Fisheries of the Northeastern United 

States; Northeast (NE) Multispecies 

Fishery

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed interim rule; request 

for comments.

SUMMARY: NMFS proposes to implement 

the days-at-sea (DAS) allocation 

procedure contained in the final rule 

implementing Amendment 13 to the NE 

Multispecies Fishery Management Plan 

(FMP) under Magnuson-Stevens Act 

interim rule authority. This DAS 

allocation procedure established a DAS 

baseline allocation based on historic 

participation in the NE multispecies 

DAS fishery. The proposed rule to 

implement Amendment 13 did not 

include an explicit provision that would 

have capped a vessel’s annual DAS 

usage at the vessel’s DAS allocation 

prior to August 1, 2002, the annual DAS 

allocation for the 2001 fishing year (May 

1, 2001 - April 30, 2002). To rectify the 

omission of the DAS usage cap in the 

proposed rule, NMFS added language to 

include the cap in the regulatory text of 

the final rule implementing Amendment 

13 to ensure that the DAS baseline 

procedure complied with NMFS’

understanding of the New England 

Fishery Management Council’s 

(Council) intent. To address the fact that 

the public was not provided with the 

opportunity to comment on the DAS 

usage cap, NMFS proposes to 

implement the DAS allocation 

procedure including the cap, as an 

interim rule through proposed and final 

rulemaking so as to provide opportunity 

for public comment consistent with the 

Administrative Procedure Act (APA).

DATES: Comments must be received on 

or before 5 P.M., local time, November 

12, 2004.

ADDRESSES: Written comments on the 

proposed interim rule may be submitted 

by any of the following methods: 

• E-mail: E-mail comments may be 

submitted to DASprocedure@noaa.gov. 

Include in the subject line the following: 

‘‘Comments on the Proposed Interim 

Rule for the DAS Allocation Procedure.’’

• Federal e-Rulemaking Portal:

http://www.regulations.gov

• Mail: Comments submitted by mail 

should be sent to Patricia A. Kurkul, 

Regional Administrator (RA), Northeast 

Region, NMFS, One Blackburn Drive, 

Gloucester, MA 01930–2298. Mark the 

outside of the envelope ‘‘Comments on 

the Proposed Interim Rule for the DAS 

Allocation Procedure.’’

• Facsimile (fax): Comments 

submitted by fax should be faxed to 

(978) 281–9135.

NMFS prepared an Initial Regulatory 

Flexibility Analysis (IRFA) for this 

action, which is contained in the 

Classification section of this proposed 

interim rule.

Copies of the Final Supplemental 

Environmental Impact Statement 

(FSEIS) and Regulatory Impact Review 

(RIR) prepared for Amendment 13 and 

supporting this action are available from 

Paul J. Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, The Tannery Mill 2, 

Newburyport, MA 01950. The FSEIS