Definition of Revenue by Richard_Cataman

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									                  Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / Rules and Regulations                                           58687

     concerned with the substance of this AD                 2002–19–02 Turbomeca S.A.: Amendment                  inspections required by this AD. Information
     will be filed in the Rules Docket.                          39–12882. Docket No. 2001–NE–42–AD.               on removal from service may be found in
                                                                                                                   Turbomeca S.A. Alert Service Bulletin No.
       Commenters wishing the FAA to                         Applicability
                                                                                                                   A298 72 0148, Update No. 1, dated February
     acknowledge receipt of their comments                      This airworthiness directive (AD) is               18, 2002.
     submitted in response to this action                    applicable to Turbomeca S.A. Makila models
     must submit a self-addressed, stamped                   1A, 1A1, and 1A2 turboshaft engines with              Alternative Methods of Compliance
     postcard on which the following                         exhaust pipes incorporating modification TU              (f) An alternative method of compliance or
     statement is made: ‘‘Comments to                        200A installed. These engines are installed           adjustment of the compliance time that
     Docket Number 2001–NE–42–AD.’’ The                      on, but not limited to, Aerospatiale AS 332           provides an acceptable level of safety may be
                                                             ‘‘Super Puma Mark I’’ C, C1, L, L1, and               used if approved by the Manager, Engine
     postcard will be date stamped and
                                                             ‘‘Super Puma Mark II’’ L2 helicopters.                Certification Office (ECO). Operators must
     returned to the commenter.
                                                                Note 1: This AD applies to each engine             submit their requests through an appropriate
     Regulatory Analysis                                     identified in the preceding applicability             FAA Principal Maintenance Inspector, who
                                                             provision, regardless of whether it has been          may add comments and then send it to the
        This final rule does not have                        modified, altered, or repaired in the area            Manager, ECO.
     federalism implications, as defined in                  subject to the requirements of this AD. For              Note 2: Information concerning the
     Executive Order 13132, because it                       engines that have been modified, altered, or          existence of approved alternative methods of
     would not have a substantial direct                     repaired so that the performance of the               compliance with this airworthiness directive,
     effect on the States, on the relationship               requirements of this AD is affected, the              if any, may be obtained from the ECO.
     between the national government and                     owner/operator must request approval for an
                                                             alternative method of compliance in                     Note 3: The subject of this AD is addressed
     the States, or on the distribution of                                                                         in the Direction Generale de L’Aviation
                                                             accordance with paragraph (f) of this AD. The
     power and responsibilities among the                    request should include an assessment of the           Civile airworthiness directive AD T2001–
     various levels of government.                           effect of the modification, alteration, or repair     301(A), dated July 3, 2001, and AD 2002–
     Accordingly, the FAA has not consulted                  on the unsafe condition addressed by this             124(A), dated March 6, 2002.
     with state authorities prior to                         AD; and, if the unsafe condition has not been
                                                                                                                   Effective Date
     publication of this final rule.                         eliminated, the request should include
                                                             specific proposed actions to address it.                (g) This amendment becomes effective on
        The FAA has determined that this                                                                           October 3, 2002.
     regulation is an emergency regulation                   Compliance
     that must be issued immediately to                                                                              Issued in Burlington, Massachusetts, on
                                                                Compliance with this AD is required as             September 9, 2002.
     correct an unsafe condition in aircraft,                indicated, unless already done.
     and is not a ‘‘significant regulatory                                                                         Jay J. Pardee,
                                                                To prevent the ejector from becoming loose
     action’’ under Executive Order 12866. It                from the exhaust pipe, resulting in damage to         Manager, Engine and Propeller Directorate,
     has been determined further that this                   the main rotor and tail rotor and loss of             Aircraft Certification Service.
     action involves an emergency regulation                 helicopter control, do the following:                 [FR Doc. 02–23652 Filed 9–17–02; 8:45 am]
     under DOT Regulatory Policies and                          (a) Upon completion of the last flight of          BILLING CODE 4910–13–P
     Procedures (44 FR 11034, February 26,                   each day, clean and visually inspect exhaust
     1979). If it is determined that this                    pipes for cracks and tears, focusing on the
                                                             ejector attachment tabs that connect the              DEPARTMENT OF TRANSPORTATION
     emergency regulation otherwise would                    ejector to the primary exhaust pipe.
     be significant under DOT Regulatory                     Information on exhaust pipe inspection for
     Policies and Procedures, a final                                                                              Office of the Secretary
                                                             Turbomeca S.A. Makila models 1A and 1A1
     regulatory evaluation will be prepared                  may be found in Engine Maintenance Manual
     and placed in the Rules Docket. A copy                                                                        14 CFR Parts 217, 241 and 298
                                                             (EMM) Section 78–10–601, and EMM Section
     of it, if filed, may be obtained from the               78–11–00 for Makila model 1A2.                        [Docket No. OST–00–7735]
     Rules Docket at the location provided                      (b) On exhaust pipes also incorporating
     under the caption ADDRESSES.                            modification TU 54, use a mirror placed               RIN 2139–AA07
                                                             between the engine firewall and the exhaust
     List of Subjects in 14 CFR Part 39                      pipe, and visually inspect the furthest aft           Amendment to the Definitions of
                                                             attachment tab, as specified in paragraph (a)         Revenue and Nonrevenue Passengers
       Air transportation, Aircraft, Aviation                of this AD.
     safety, Safety.                                            (c) Replace exhaust pipe at the first visual       AGENCY:    Office of the Secretary, DOT.
     Adoption of the Amendment                               sign of any exhaust pipe crack or tear before         ACTION:   Final rule.
                                                             further flight. Information on exhaust pipe
       Accordingly, pursuant to the                          replacement for Turbomeca S.A. Makila                 SUMMARY: The Office of the Secretary
     authority delegated to me by the                        models 1A and 1A1 may be found in EMM                 and the Bureau of Transportation
                                                             Section 78–10–401, and EMM Section 78–                Statistics (BTS) are revising the
     Administrator, the Federal Aviation                     11–00 for Makila model 1A2.
     Administration amends part 39 of the                                                                          Department’s definitions of revenue
                                                                (d) After the replacement exhaust pipe is          passenger and nonrevenue passenger to
     Federal Aviation Regulations (14 CFR                    installed, before further flight, perform
     part 39) as follows:                                    engine vibration level checks to ensure all
                                                                                                                   specify that a passenger traveling on a
                                                             vibration levels are within manufacturer’s            ticket or voucher received as
     PART 39—AIRWORTHINESS                                   limits. Information on vibration level checks         compensation for denied boarding or as
     DIRECTIVES                                              for Turbomeca S.A. Makila models 1A and               settlement of a consumer complaint is
                                                             1A1 may be found in EMM Section 71–00–                considered to be a revenue passenger.
       1. The authority citation for part 39                 601, and EMM Section 71–00–00 for Makila              The revised definitions will also be
     continues to read as follows:                           model 1A2.                                            added to other regulatory provisions.
        Authority: 49 U.S.C. 106(g), 40113, 44701.           Terminating Action                                    Based on this final rule, the definitions
                                                               (e) Remove from service exhaust pipes
                                                                                                                   will be in harmony with the definitions
     § 39.13   [Amended]                                                                                           of revenue and nonrevenue passenger
                                                             incorporating modification TU 200A at the
       2. Section 39.13 is amended by                        next shop visit, or no later than June 30,            adopted by the International Civil
     adding the following new airworthiness                  2003. Removal from service constitutes                Aviation Organization (ICAO).
     directive:                                              terminating action to the repetitive visual           Harmonizing DOT’s and ICAO’s


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     58688        Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / Rules and Regulations

     definitions will relieve air carriers from              being issued jointly by the Office of the             a pass interchange agreement; (3) travel
     being required to keep two sets of traffic              Secretary and BTS.                                    agents being transported for the purpose
     enplanement statistics—one for                                                                                of familiarizing themselves with the
                                                             Public Comments
     reporting to ICAO and one for reporting                                                                       carrier’s services; (4) witnesses and
     to DOT. This action is taken at DOT’s                     Comments were received from                         attorneys attending any legal
     initiative.                                             American Airlines, United Air Lines,                  investigation in which such carrier is
                                                             and Southwest Airlines. The three                     involved; (5) persons injured in aircraft
     DATES: This rule is effective October 18,
                                                             carriers support the Department’s action              accidents, and physicians, nurses, and
     2002.                                                   to harmonize its definitions of revenue               others attending such persons; (6) any
     FOR FURTHER INFORMATION CONTACT: Clay                   and nonrevenue passengers with ICAO’s                 persons transported with the object of
     Moritz or Bernard Stankus, Office of                    definitions. Southwest believes that                  providing relief in cases of general
     Airline Information, K–14, Bureau of                    common reporting guidelines will                      epidemic, natural disaster, or other
     Transportation Statistics, Department of                benefit airlines by allowing for greater              catastrophe; (7) any law enforcement
     Transportation, Room 4125, 400                          reporting accuracy and efficiency.                    official, including any person who has
     Seventh Street, SW., Washington, DC,                      However, the carriers did express                   the duty of guarding government
     20590–0001, (202) 366–4385 or (202)                     concerns that the revision in the                     officials who are traveling on official
     366–4387, respectively. You can also                    definitions could have the unintended                 business or traveling to or from such
     contact either party by e-mail at                       consequence of subjecting more                        duty; (8) guests of an air carrier on an
     clay.moritz@bts.gov or                                  passengers to Passenger Facility Charges              inaugural flight or delivery flights of
     bernard.stankus@bts.gov or by fax at                    (PFCs). American Airlines points out                  newly-acquired or renovated aircraft; (9)
     (202) 366–3383.                                         that although a passenger may now be                  security guards who have been assigned
     SUPPLEMENTARY INFORMATION:                              defined as a revenue passenger that                   the duty to guard such aircraft against
                                                             passenger has paid no additional                      unlawful seizure, sabotage, or other
     Electronic Access                                       amounts. United Air Lines requests that               unlawful interference; (10) safety
       An electronic copy of this document                   the Department clarify that the change                inspectors of the National
     may be downloaded by using a                            in definitions does not impact or                     Transportation Safety Board or the FAA
     computer, modem, and suitable                           expand the collection of PFCs by either               in their official duties or traveling to or
     communications software from the                        making a statement to this effect or                  from such duty; (11) postal employees
     Government Printing Office’s Electronic                 revising 14 CFR 158.9(a)(3).                          on duty in charge of the mails or
     Bulletin Board Services at (202) 512–                     DOT agrees with the air carriers. The               traveling to or from such duty; (12)
     1661. Internet users may reach the                      sole purpose of the revisions in the                  technical representatives of companies
     Office of the Federal Register’s home                   definitions of revenue and nonrevenue                 that have been engaged in the
     page at: http://www.nara.gov/fedreg and                 passengers is to harmonize the                        manufacture, development or testing of
     the Government Printing Office’s                        classifications of passenger                          a particular type of aircraft or aircraft
     database at: http://www.access.gpo.gov/                 enplanements between the Department                   equipment, when the transportation is
     nara. You can also view and download                    and ICAO. Thus, the changes adopted in                provided for the purpose of in-flight
     this document by going to the webpage                   this final rule are for air carrier traffic           observation and subject to applicable
     of the Department’s Docket Management                   and financial reporting purposes and are              FAA regulations; (13) persons engaged
     System (http://dms.dot.gov/). On that                   not meant to expand the universe of                   in promoting air transportation; (14) air
     page, click on ‘‘search.’’ On the next                  passengers required to pay PFCs.                      marshals and other Transportation
     page, type the last four digits of the                                                                        Security officials acting in their official
                                                             Revenue Passengers
                                                                                                                   capacities and while traveling to and
     docket number shown in the heading of                      The following types of passengers are              from their official duties; and (15) other
     this document. Then click on ‘‘search.’’                examples of revenue passengers: (1)                   authorized persons, when such
     Background                                              Passengers traveling on publicly                      transportation is undertaken for
                                                             available tickets; (2) passengers                     promotional purpose. This list is not
        On August 22, 2000, the Department                   traveling on frequent flyer awards; (3)               exhaustive and is provided for
     issued a Notice of Proposed Rulemaking                  passengers traveling on barter tickets;               illustrative purposes only.
     (NPRM) (65 FR 50946) to revise the                      (4) infants traveling on confirmed-space
     definitions of revenue and nonrevenue                   tickets; (5) passengers traveling on                  Reporting Burden
     passenger in 14 CFR 217.1, 241.03, and                  vouchers as compensation for denied                      DOT believes that this final rule is not
     298.2. The Department proposed to                       boarding or passengers traveling free in              a revision to an information collection
     classify as revenue passengers those                    response to consumer complaints or                    for the purposes of the Paperwork
     passengers, traveling on a ticket or                    claims; and (6) passengers traveling on               Reduction Act. It is not adding or
     voucher received as compensation for                    preferential fares (Government, seamen,               removing any data items. Rather, it is
     denied boarding or as settlement of a                   military, youth, student, etc.). This list            changing definitions to simplify carrier
     consumer complaint. Previously, these                   is not exhaustive and is provided for                 reporting and preclude the need for
     passengers were classified as                           illustrative purposes only.                           affected air carriers to maintain two
     nonrevenue passengers.                                                                                        separate systems for identifying revenue
        The proposals were intended to                       Nonrevenue Passengers                                 and nonrevenue passengers for DOT and
     harmonize the Department’s definitions                    The following types of passengers are               ICAO reporting. Under Article 67 of the
     of revenue and nonrevenue passengers                    examples of nonrevenue passengers                     1944 Chicago Convention, the United
     with the definitions adopted by the                     when traveling free or pursuant to token              States, as a party to the treaty, is
     International Civil Aviation                            charges: (1) Directors, officers,                     obligated to supply certain individual
     Organization (ICAO). The proposed                       employees, and others authorized by the               U.S. air carrier data to ICAO. By
     change in the Department’s definitions                  air carrier operating the aircraft; (2)               harmonizing DOT’s definitions of
     would negate the need for carriers to                   directors, officers, employees, and                   revenue and nonrevenue passengers
     maintain two sets of statistics to record               others authorized by the air carrier or               with ICAO’s definitions, DOT will be
     passenger enplanements. This rule is                    another air carrier traveling pursuant to             able to supply ICAO with U.S. air


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                  Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / Rules and Regulations                                          58689

     carrier data from DOT’s own data base.                  definition of revenue passenger. There                  Authority: 49 U.S.C. 329 and chapters 401,
     U.S. carriers will not be required to                   are about 100 small air carriers that                 413, 417.
     submit special traffic reports in order to              report traffic data to DOT. However, the                2. Definitions for revenue passenger
     meet this U.S. treaty obligation. Some                  rule’s most significant change is the                 and nonrevenue passenger are added in
     carriers may, however, have a one-time                  treatment of passengers traveling on a                alphabetical order to § 217.1 to read as
     reprogramming task to classify, as                      ticket or voucher received as                         follows:
     revenue passengers, those passengers                    compensation for denied boarding. The
                                                                                                                   § 217.1    Definitions.
     traveling on vouchers or tickets received               denied boarding regulations are not
     in response to consumer complaints or                   applicable to small air carriers.                     *      *     *     *     *
     as compensation for denied boardings.                   Therefore, the final rule does not have                  Nonrevenue passenger means: a
                                                                                                                   person traveling free or under token
        In the NPRM, DOT specifically sought                 a significant impact on small air
                                                                                                                   charges, except those expressly named
     comments from any carrier that believed                 carriers.
                                                                                                                   in the definition of revenue passenger;
     it would experience a reporting burden
                                                             Unfunded Mandates                                     a person traveling at a fare or discount
     as a result of the change in the
                                                                Under section 201 of the Unfunded                  available only to employees or
     definitions of revenue and nonrevenue
                                                             Mandates Reform Act (UMRA) (2 U.S.C.                  authorized persons of air carriers or
     passengers. DOT did not receive any
                                                             1531), DOT assessed the effects of this               their agents or only for travel on the
     comments on this issue.
                                                             final rule on State, local and tribal                 business of the carriers; and an infant
     Rulemaking Analyses and Notices                         governments, in the aggregate, and the                who does not occupy a seat. (This
                                                             private sector. DOT determined that this              definition is for 14 CFR Part 217 traffic
     Executive Order 12866 and DOT                                                                                 reporting purposes and may differ from
     Regulatory Policies and Procedures                      regulatory action requires no written
                                                             statement under section 202 of the                    the definitions used in other parts by
        DOT does not consider this final rule                UMRA (2 U.S.C. 1532) because it will                  the Federal Aviation Administration
     to be a significant regulatory action                   not result in the expenditure of                      and the Transportation Security
     under section 3(f) of Executive Order                   $100,000,000 in any one year by State,                Administration for the collection of
     12866. It was not subject to review by                  local and tribal governments, in the                  Passenger Facility Charges and Security
     the Office of Management and Budget.                    aggregate, or the private sector.                     Fees.)
        DOT does not consider the final rule                                                                          The definition includes, but is not
     to be significant under its regulatory                  National Environmental Protection Act                 limited to the following examples of
     policies and procedures (44 FR 11034;                     The DOT has analyzed the final rule                 passengers when traveling free or
     February 26, 1979). The purpose of the                  for the purpose of the National                       pursuant to token charges:
     rule is to revise the Department’s                      Environmental Protection Act, and has                    (1) Directors, officers, employees, and
     definitions of revenue passenger and                    determined that the changes will not                  others authorized by the air carrier
     nonrevenue passenger. This action will                  have any impact on the quality of the                 operating the aircraft;
     negate the need for air carriers to keep                                                                         (2) Directors, officers, employees, and
                                                             human environment.
     two sets of traffic records. Presently, air                                                                   others authorized by the air carrier or
     carriers maintain one set of records for                Regulation Identifier Number                          another carrier traveling pursuant to a
     tracking revenue passengers for DOT                        A regulation identifier number (RIN)               pass interchange agreement;
     reporting purposes, and a set of records                is assigned to each regulatory action                    (3) Travel agents being transported for
     for ICAO reporting. Therefore, this                                                                           the purpose of familiarizing themselves
                                                             listed in the Unified Agenda of Federal
     action will result in a positive economic                                                                     with the carrier’s services;
                                                             Regulations. The Regulatory Information
                                                                                                                      (4) Witnesses and attorneys attending
     impact on reporting air carriers.                       Service Center publishes the Unified                  any legal investigation in which such
                                                             Agenda in April and October of each                   carrier is involved;
     Federalism
                                                             year. The RIN number 2139–AA07                           (5) Persons injured in aircraft
       DOT analyzed this final rule in                       contained in the heading of this                      accidents, and physicians, nurses, and
     accordance with the principles and                      document can be used to cross reference               others attending such persons;
     criteria contained in Executive Order                   this action with the Unified Agenda.                     (6) Any persons transported with the
     13132 (‘‘Federalism’’) and the rule will                                                                      object of providing relief in cases of
     not have a substantial direct effect on                 List of Subjects
                                                                                                                   general epidemic, natural disaster, or
     the states, on the relationship between                 14 CFR Part 217                                       other catastrophe;
     the national government and states, or                    Foreign air carriers, Traffic reports.                 (7) Any law enforcement official,
     on the distribution of power and                                                                              including any person who has the duty
     responsibilities among the various                      14 CFR Part 241                                       of guarding government officials who
     levels of government. The rule does not                   Air carriers, Reporting and                         are traveling on official business or
     impose substantial direct compliance                    recordkeeping requirements, Uniform                   traveling to or from such duty;
     costs on State and local governments or                 System of accounts.                                      (8) Guests of an air carrier on an
     preempt state law. Thus, the BTS has                                                                          inaugural flight or delivery flights of
     determined that the rule does not have                  14 CFR Part 298                                       newly-acquired or renovated aircraft;
     sufficient federalism implications to                     Air taxis, Commuter and small                          (9) Security guards who have been
     warrant the preparation of a Federalism                 certificated air carriers, Reporting and              assigned the duty to guard such aircraft
     Assessment.                                             recordkeeping requirements.                           against unlawful seizure, sabotage, or
     Regulatory Flexibility Act                                Accordingly, the Office of Secretary                other unlawful interference;
                                                             amends 14 CFR parts 217, 241 and 298                     (10) Safety inspectors of the National
        We certify this final rule will not have                                                                   Transportation Safety Board or the FAA
                                                             as follows:
     a significant economic impact on a                                                                            in their official duties or traveling to or
     substantial number of small entities, as                PART 217—[AMENDED]                                    from such duty;
     the total cost of the rulemaking is                                                                              (11) Postal employees on duty in
     insignificant, although there should be a                 1. The authority citation for part 217              charge of the mails or traveling to or
     minor cost savings in harmonizing the                   continues to read as follows:                         from such duty;


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     58690        Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / Rules and Regulations

        (12) Technical representatives of                    in the definition of revenue passenger;                  (14) Air marshals and other
     companies that have been engaged in                     a person traveling at a fare or discount              Transportation Security officials acting
     the manufacture, development or testing                 available only to employees or                        in their official capacities and while
     of a particular type of aircraft or aircraft            authorized persons of air carriers or                 traveling to and from their official
     equipment, when the transportation is                   their agents or only for travel on the                duties; and
     provided for the purpose of in-flight                   business of the carriers; and an infant                  (15) Other authorized persons, when
     observation and subject to applicable                   who does not occupy a seat. (This                     such transportation is undertaken for
     FAA regulations;                                        definition is for 14 CFR part 241 traffic             promotional purpose.
        (13) Persons engaged in promoting air                reporting purposes and may differ from                   Passenger, revenue: means a
     transportation;                                         the definitions used in other parts by                passenger for whose transportation an
        (14) Air marshals and other                          the Federal Aviation Administration                   air carrier receives commercial
     Transportation Security officials acting                and the Transportation Security                       remuneration. (This definition is for 14
     in their official capacities and while                  Administration for the collection of                  CFR part 241 traffic reporting purposes
     traveling to and from their official                    Passenger Facility Charges and Security               and may differ from the definitions used
     duties; and                                             Fees.)                                                in other parts by the Federal Aviation
        (15) Other authorized persons, when                     The definition includes, but is not                Administration and the Transportation
     such transportation is undertaken for                   limited to following examples of                      Security Administration for the
     promotional purpose.                                    passengers when traveling free or                     collection of Passenger Facility Charges
        Revenue passenger means: a                           pursuant to token charges:                            and Security Fees.) This includes, but is
     passenger for whose transportation an                      (1) Directors, officers, employees, and            not limited to, the following examples:
     air carrier receives commercial                         others authorized by the air carrier                     (1) Passengers traveling under
     remuneration. (This definition is for 14                operating the aircraft;                               publicly available tickets including
     CFR Part 217 traffic reporting purposes                    (2) Directors, officers, employees, and            promotional offers (for example two-for-
     and may differ from the definitions used                others authorized by the air carrier or               one) or loyalty programs (for example,
     in other parts by the Federal Aviation                  another carrier traveling pursuant to a               redemption of frequent flyer points);
     Administration and the Transportation                   pass interchange agreement;                              (2) Passengers traveling on vouchers
     Security Administration for the                            (3) Travel agents being transported for            or tickets issued as compensation for
     collection of Passenger Facility Charges                the purpose of familiarizing themselves               denied boarding or in response to
     and Security Fees.) This includes, but is               with the carrier’s services;                          consumer complaints or claims;
     not limited to, the following examples:                    (4) Witnesses and attorneys attending                 (3) Passengers traveling at corporate
        (1) Passengers traveling under                       any legal investigation in which such                 discounts;
     publicly available tickets including                    carrier is involved;                                     (4) Passengers traveling on
     promotional offers (for example two-for-                   (5) Persons injured in aircraft                    preferential fares (Government, seamen,
     one) or loyalty programs (for example,                  accidents, and physicians, nurses, and                military, youth, student, etc.);
     redemption of frequent flyer points);                   others attending such persons;                           (5) Passengers traveling on barter
        (2) Passengers traveling on vouchers                    (6) Any persons transported with the               tickets; and
     or tickets issued as compensation for                   object of providing relief in cases of                   (6) Infants traveling on confirmed-
     denied boarding or in response to                       general epidemic, natural disaster, or                space tickets.
     consumer complaints or claims;                          other catastrophe;                                    *      *     *     *     *
        (3) Passengers traveling at corporate                   (7) Any law enforcement official,                     5. Part 241 Sec. 19–7 is amended by
     discounts;                                              including any person who has the duty                 removing the term revenue passenger
        (4) Passengers traveling on                          of guarding government officials who                  from Section X, ‘‘GLOSSARY OF
     preferential fares (Government, seamen,                 are traveling on official business or                 TERMS’’ in Appendix A to Sec. 19–7—
     military, youth, student, etc.);                        traveling to or from such duty;                       Instructions to Air Carriers for
        (5) Passengers traveling on barter                      (8) Guests of an air carrier on an                 Collecting and Reporting Passenger
     tickets; and                                            inaugural flight or delivery flights of               Origin-Destination Survey Statistics.
        (6) Infants traveling on confirmed-                  newly-acquired or renovated aircraft;
     space tickets.                                             (9) Security guards who have been                  PART 298—[AMENDED]
     *      *     *     *     *                              assigned the duty to guard such aircraft
                                                                                                                      6. The authority citation for part 298
                                                             against unlawful seizure, sabotage, or
     PART 241—[AMENDED]                                                                                            is revised to read as follows:
                                                             other unlawful interference;
                                                                (10) Safety inspectors of the National               Authority: 49 U.S.C. 329 and chapters 401,
       3. The authority citation for part 241                                                                      411, 417.
                                                             Transportation Safety Board or the FAA
     continues to read as follows:
                                                             in their official duties or traveling to or              7. The paragraph designations are
       Authority: 49 U.S.C. 329 and chapters 401,            from such duty;
     411, 417.                                                                                                     removed, the definition of ton is
                                                                (11) Postal employees on duty in                   transferred to correct alphabetical order,
       4. The definitions in part 241 Section                charge of the mails or traveling to or                and definitions for Nonrevenue
     03 for passenger, nonrevenue and                        from such duty;                                       passenger and Revenue passenger are
     passenger, revenue are revised to read as                  (12) Technical representatives of                  added in alphabetical order to § 298.2 to
     follows:                                                companies that have been engaged in                   read as follows:
                                                             the manufacture, development or testing
     Section 03—Definitions for the                          of a particular type of aircraft or aircraft          § 298.2    Definitions.
     Purposes of This System of Accounts                     equipment, when the transportation is                 *     *     *    *      *
     and Reports                                             provided for the purpose of in-flight                   Nonrevenue passenger means a
     *    *     *     *     *                                observation and subject to applicable                 person traveling free or under token
       Passenger, nonrevenue means: a                        FAA regulations;                                      charges, except those expressly named
     person traveling free or under token                       (13) Persons engaged in promoting air              in the definition of revenue passenger;
     charges, except those expressly named                   transportation;                                       a person traveling at a fare or discount


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                  Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / Rules and Regulations                                        58691

     available only to employees or                          traveling to and from their official                  (ECCNs) 1B115, 1B117, 9B115, and
     authorized persons of air carriers or                   duties; and                                           9B116 to reflect that all missile
     their agents or only for travel on the                     (15) Other authorized persons, when                technology (MT) production equipment
     business of the carriers; and an infant                 such transportation is undertaken for                 and facilities are controlled on the
     who does not occupy a seat. (This                       promotional purpose.                                  Commerce Control List (CCL) of the
     definition is for 14 CFR part 298 traffic               *      *     *     *     *                            Export Administration Regulations
     reporting purposes and may differ from                     Revenue passenger means a passenger                (EAR).
     the definitions used in other parts by                  for whose transportation an air carrier               DATES: This rule is effective: September
     the Federal Aviation Administration                     receives commercial remuneration.                     18, 2002.
     and the Transportation Security                         (This definition is for 14 CFR part 298               FOR FURTHER INFORMATION CONTACT:
     Administration for the collection of                    traffic reporting purposes and may differ             Steve Clagett, Director, Nuclear and
     Passenger Facility Charges and Security                 from the definitions used in other parts              Missile Technology Controls Divisions,
     Fees.) The definition includes, but is not              by the Federal Aviation Administration                Bureau Industry and Security,
     limited to, the following examples of                   and the Transportation Security                       Telephone: (202) 482–1641.
     passengers when traveling free or                       Administration for the collection of                  SUPPLEMENTARY INFORMATION
     pursuant to token charges:                              Passenger Facility Charges and Security
        (1) Directors, officers, employees, and              Fees.) This includes, but is not limited              Background
     others authorized by the air carrier                    to, the following examples:                              Since 1998, ECCNs 1B115, 1B117,
     operating the aircraft;                                    (1) Passengers traveling under                     9B115 and 9B116, have referred
        (2) Directors, officers, employees, and              publicly available tickets including                  exporters to the International Traffic in
     others authorized by the air carrier or                 promotional offers (for example two-for-              Arms Regulations (ITAR), administered
     another carrier traveling pursuant to a                 one) or loyalty programs (for example,                by the Department of State, Office of
     pass interchange agreement;                             redemption of frequent flyer points);                 Defense Trade Controls, for licensing
        (3) Travel agents being transported for                 (2) Passengers traveling on vouchers               requirements for equipment specially
     the purpose of familiarizing themselves                 or tickets issued as compensation for                 designed for production of MT items
     with the carrier’s services;                            denied boarding or in response to                     subject to the ITAR. This rule clarifies
        (4) Witnesses and attorneys attending                consumer complaints or claims;                        that all production equipment for MT
     any legal investigation in which such                      (3) Passengers traveling at corporate              items, described in ECCNs 1B115,
     carrier is involved;                                    discounts;                                            1B117, 9B115 and 9B116, is subject to
        (5) Persons injured in aircraft                         (4) Passengers traveling on                        the EAR and controlled on the CCL. The
     accidents, and physicians, nurses, and                  preferential fares (Government, seamen,               Departments of Commerce, State and
     others attending such persons;                          military, youth, student, etc.);                      Defense are currently reviewing the
        (6) Any persons transported with the                    (5) Passengers traveling on barter                 control jurisdiction for specific items of
     object of providing relief in cases of                  tickets; and                                          equipment specially designed for the
     general epidemic, natural disaster, or                     (6) Infants traveling on confirmed-                production of certain MT items that are
     other catastrophe;                                      space tickets.                                        subject to the ITAR. This review may
        (7) Any law enforcement official,                    *      *     *     *     *                            result in future revisions to the EAR and
     including any person who has the duty                                                                         the ITAR with respect to specific items
                                                               Issued in Washington, DC on September
     of guarding government officials who                                                                          of specially designed MT production
                                                             10, 2002.
     are traveling on official business or                                                                         equipment.
                                                             Read C. Van de Water,
     traveling to or from such duty;                                                                                  Specifically, the following changes are
        (8) Guests of an air carrier on an                   Assistant Secretary for Aviation and
                                                             International Affairs, Office of the Secretary.       made to the following ECCNs:
     inaugural flight or delivery flights of                                                                       1B115: Notes 1 and 2 are removed from
     newly-acquired or renovated aircraft;                   Ashish Sen,
                                                                                                                      the Related Controls paragraph of the
        (9) Security guards who have been                    Director, Bureau of Transportation Statistics.
                                                                                                                      List of Items Controlled section.
     assigned the duty to guard such aircraft                [FR Doc. 02–23614 Filed 9–17–02; 8:45 am]             1B117: Notes 2 and 4 are removed from
     against unlawful seizure, sabotage, or                  BILLING CODE 4910–FE–P                                   the Related Controls paragraph of the
     other unlawful interference;                                                                                     List of Items Controlled section.
        (10) Safety inspectors of the National                                                                     9B115 and 9B116: The heading is
     Transportation Safety Board or the FAA                  DEPARTMENT OF COMMERCE                                   revised and License Requirements,
     in their official duties or traveling to or                                                                      License Exceptions, and List of Items
     from such duty;                                         Bureau of Industry and Security                          Controlled sections are added.
        (11) Postal employees on duty in                                                                           Although the Export Administration Act
     charge of the mails or traveling to or                  15 CFR Part 774                                       expired on August 20, 2001, Executive
     from such duty;                                         [Docket No. 020830206–2206–01]                        Order 13222 of August 17, 2001 (66 FR
        (12) Technical representatives of                                                                          44025, August 22, 2001), as extended by
     companies that have been engaged in                     RIN 0694–AC51
                                                                                                                   the Notice of August 14, 2002 (67 FR
     the manufacture, development or testing                                                                       53721, August 16, 2002), continues the
                                                             Missile Technology Production
     of a particular type of aircraft or aircraft                                                                  Regulations in effect under the
                                                             Equipment and Facilities
     equipment, when the transportation is                                                                         International Emergency Economic
     provided for the purpose of in-flight                   AGENCY: Bureau of Industry and                        Powers Act.
     observation and subject to applicable                   Security, Commerce.
     FAA regulations;                                                                                              Rulemaking Requirements
                                                             ACTION: Final rule.
        (13) Persons engaged in promoting air                                                                        1. This final rule has been determined
     transportation;                                         SUMMARY: To clarify Department of                     to be not significant for purposes of E.O.
        (14) Air marshals and other                          Commerce controls, Commerce is                        12866.
     Transportation Security officials acting                revising the language contained in                      2. Notwithstanding any other
     in their official capacities and while                  Export Control Classification Numbers                 provision of law, no person is required


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