USCode title 14 Part 248

§ 243.17

14 CFR Ch. II (1–1–99 Edition)

the extent to which it has been satisfactorily established that compliance
with all or part of the data collection
requirements of this part would constitute a violation of foreign law.
(d) The U.S. Department of Transportation will maintain an up-to-date listing in OST Docket 98–3305 of countries
where adherence to all or a portion of
this part is not required because of a
conflict with applicable foreign law.

the provisions of Titles IV and X of the
Federal Aviation Act of 1958, as amended, or any rule, regulation, or order of
the Department pursuant thereto.

[Doc. No. OST–95–950, 63 FR 8280, Feb. 18,
1998; 63 FR 9413, Feb. 25, 1998]

Sec.
248.1
248.2
248.4
248.5

§ 243.17 Enforcement.
The U.S. Department of Transportation may at any time require a covered airline to produce a passenger
manifest including emergency contacts
and phone numbers for a specified covered flight segment to ascertain the effectiveness of the carrier’s system. In
addition, it may require from any covered airline further information about
collection, storage and transmission
procedures at any time. If the Department finds a covered airline’s system
to be deficient, it will require appropriate modifications, which must be
implemented within the period specified by the Department. In addition, a
covered airline not in compliance with
this part may be subject to enforcement action by the Department.

PART 247—DIRECT AIRPORT-TOAIRPORT MILEAGE RECORDS
AUTHORITY: 49 U.S.C. chapter 401.
SOURCE: Amdt. 247–2, 56 FR 67170, Dec. 30,
1991, unless otherwise noted.

§ 247.1 Official mileage record of the
Department of Transportation.
The direct airport-to-airport mileage
record now maintained, and as hereafter amended or revised from time to
time by the Office of Airline Information of the Bureau of Transportation
Statistics of the Department of Transportation in the regular performance of
its duties, is hereby adopted as the official mileage record of the Department
and the mileages set forth therein shall
be used in all instances where it shall
be necessary to determine direct airport-to-airport mileages pursuant to

[Amdt. 247–2, 56 FR 67170, Dec. 30, 1991, as
amended at 60 FR 66725, Dec. 26, 1995]

PART 248—SUBMISSION OF AUDIT
REPORTS
Applicability.
Filing of audit reports.
Time for filing reports.
Withholding from public disclosure.

AUTHORITY: 49 U.S.C. 329 and chapters 401,
411, 417.
SOURCE: ER–420, 29 FR 13799, Oct. 7, 1964,
unless otherwise noted.

§ 248.1

Applicability.

The requirements of this part shall
be applicable to all air carriers subject
to the requirements of part 241 of this
subchapter.
§ 248.2

Filing of audit reports.

(a) Whenever any air carrier subject
to § 248.1 shall have caused an annual
audit of its books, records, and accounts to be made by independent public accountants, such air carrier shall
file with the Office of Airline Information, in duplicate, a special report consisting of a true and complete copy of
the audit report submitted by such
independent public accountants, including all schedules, exhibits, and certificates included in, attached to, or
submitted with or separately as a part
of, the audit report.
(b) Each air carrier subject to § 248.1
that does not cause an annual audit to
be made of its books, records, and accounts for any fiscal year shall, at the
close of such fiscal year file with the
Board’s Office of the Comptroller, as a
part of its periodic reports, a statement that no such audit has been performed.
(Approved by the Office of Management and
Budget under control number 2138–0004)
[ER–1351, 48 FR 32756, July 19, 1983, as amended by ER–1362, 48 FR 46265, Oct. 12, 1983; 60
FR 66725, Dec. 26, 1995]

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Office of the Secretary, DOT

§ 249.2

§ 248.4 Time for filing reports.
The report required by this part shall
be filed with the Office of Airline Information within 15 days after the due
date of the appropriate periodic BTS
Form 41 Report, filed for the 12-month
period covered by the audit report, or
the date the accountant submits its
audit report to the air carrier, whichever is later.
[ER–1351, 48 FR 32756, July 19, 1983, as amended at 60 FR 66725, Dec. 26, 1995]

§ 248.5 Withholding from public disclosure.
The special reports required to be
filed by § 248.2 shall be withheld from
public disclosure, until further order of
the BTS, if such treatment is requested
by the air carrier at the time of filing.
[ER–420, 29 FR 13799, Oct. 7, 1964, as amended
at 60 FR 66725, Dec. 26, 1995]

PART 249—PRESERVATION OF AIR
CARRIER RECORDS
Subpart A—General Instructions
Sec.
249.1 Applicability.
249.2 Definitions.
249.3 Preservation of records.
249.4 Photographic copies.
249.5 Storage of records.
249.6 Destruction of records.
249.7 Restrictions on record destruction.
249.8 Premature loss or destruction of records.
249.9 Carriers going out of business.
249.10 Waiver of requirements.

Subpart B—Preservation of Records by
Carrier
249.20 Preservation of records by certificated air carriers.
249.21 Preservation of records by public
charter operators and overseas military
personnel charter operators.

Subpart C—Regulations Relating to the
Truth-in-Lending Act
249.30 Applicability.
249.31 Preservation and inspection of evidence of compliance.
AUTHORITY: 49 U.S.C. 329 and chapters 401,
411, 413, 417.
SOURCE: ER–1214, 46 FR 25415, May 6, 1981,
unless otherwise noted.

NOTE: The recordkeeping requirements
contained in this part have been approved by
the Office of Management and Budget under
control number 2138–0006.

Subpart A—General Instructions
§ 249.1 Applicability.
Subparts A and B of this part apply
to:
(a) Air carriers, as defined in 49
U.S.C. 40102, that hold either certificates of public convenience and necessity or certificates for all-cargo air
service.
(b) Public charter operators, as defined in part 380 of this chapter.
(c) Overseas military personnel charter operators, as defined in part 372 of
this chapter.
[ER–1214, 46 FR 25415, May 6, 1981, as amended at 60 FR 66725, Dec. 26, 1995]

§ 249.2 Definitions.
For the purposes of this part:
Authorized representatives of the DOT
means any persons, including special
agents and auditors, designated by the
DOT to perform inspections, audits, or
examinations within the purview of the
DOT’s authority.
Certificated air carrier means the holder of a certificate of public convenience
and necessity issued by the Department of Transportation under 49 U.S.C.
41102 or a certificate for all-cargo air
service issued by the Department of
Transportation under 49 U.S.C. 41103.
Final adjudication means the expiration date of the last possible period of
review or reconsideration of a given
case, by the DOT or by a court, that is
provided by applicable statute or regulation.
Open mail rate period means the time
interval between the date of institution of a new mail rate proceeding or
the start of service over a new route
for which no mail rate has previously
been fixed, and the date upon which a
DOT order setting the final mail rate
becomes legally effective.
Pending case means any case that the
DOT is empowered to hear before its
final adjudication.
Records include all documents that
are related to, or constitute integral
links in developing the history of, or
facts regarding, financial transactions

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