PART 389—FEES AND CHARGES FOR SPECIAL SERVICES Authority: 49 U.S.C. 40113, 40114, 41711; 31 U.S.C. 9701; and 5 U.S.C. 552. Source: Doc. No. DOT-OST-2014-0140, 84 FR 15945, Apr. 16, 2019, unless otherwise noted. Subpart A—General Provisions § 389.1 Policy and scope. Pursuant to the provisions of 31 U.S.C. 9701, Fees and charges for Government services and things of value, and as implemented by the Office of Management and Budget's Circular A-25, dated July 8, 1993, the Department sets forth in this part fees and charges to be paid for the use of certain services and resources of the Department as prescribed in this part. Subpart B—Fees for Special Services § 389.10 Applicability of subpart. This subpart describes certain services and resources made available by the Department and prescribes the fees and charges for those services and resources. § 389.11 Available services and resources. Upon request and payment of fees as provided in this part, there are available, with respect to documents subject to inspection, services as follows: (a) Locating and copying records and documents; (b) Certification of copies of documents under seal of the Department; and (c) Transcripts of hearings and proceedings. § 389.12 Payment of fees and charges. The fees charged for services and resources shall be paid for electronically at http://www.pay.gov, pay.gov § 389.13 Fees for services. Fees for services and resources described in this subpart and subpart C of this part are pursuant to those fees set forth in 49 CFR part 7, subpart F, §§ 7.41 through 7.43, 7.45 and 7.46. Subpart C—Filing and Processing License Fees § 389.20 Applicability of subpart. (a) This subpart applies to the filing of certain documents and records with the Department by non-government parties, and prescribes fees for their processing. (b) For the purpose of this subpart, record means an electronic tariff record submitted to the Department under subpart R of 14 CFR part 221, and contains a set of information that describes one (1) tariff fare, or a set of information that describes one (1) related element associated with such tariff fare. § 389.21 Payment of fees. (a) Except as provided in paragraph (b) of this section, any document for which a filing fee is required by § 389.25 shall be paid for electronically at http://www.pay.gov, (b) Registration for all air taxi operators shall be accompanied by an 8 dollar ($8) registration filing fee in the form of a check, draft, or postal money order payable to the U.S. Department of Transportation. (c) Where a document seeks authority or relief in the alternative and therefore would otherwise be subject to more than one filing fee, only the highest fee shall be required. (d) Where a document relating to a single transaction or matter seeks multiple authorities or relief and therefore would otherwise be subject to more than one filing fee, only the highest fee shall be required. Where a document relating to more than one transaction or matter seeks multiple authorities or relief, the required filing fee shall be determined by combining the highest fees for each transaction or matter. For purposes of this paragraph (d), a specific number of charters or inclusive tours described in one application will be regarded as a single transaction or matter. (e) No fee shall be returned after the document has been filed with the Department, except as provided in §§ 389.23 and 389.27. § 389.22 Failure to make proper payment. In accordance with 49 CFR part 7, subpart F, § 7.42, the Department will assess interest on unpaid fees on the 31st day following the day on which a notice of the amount due is first mailed to the requestor, unless the Department has granted an application for waiver or modification of the fees. § 389.23 Application for waiver or modification of fees. (a) Applications may be filed asking for waiver or modification of any fee paid under this subpart. Each applicant shall set forth the reasons why a waiver or modification should be granted, and by what legal authority. (b) Applications asking for a waiver or modification of fees shall be sent to the Director, Office of Aviation Analysis, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. This provision is in accordance § 385.30 of this chapter. When no petition for review is filed with the Department, or when the Department reviews the Director's decision, if the amount found due is not paid within 10 days after receipt of notification of the final determination, the document shall be returned to the filing party. § 389.24 Foreign air carriers. A foreign air carrier, or such carriers, if from the same country, acting jointly, may apply for a waiver of the requirements of this part based on reciprocity for U.S. air carriers contained in the requirement of their home governments, or as provided in a treaty or agreement with the United States. To apply for a waiver under this section, foreign air carriers shall send waiver requests to the Director, Office of International Aviation. The request should include applicable official government rules, decisions, statements of policy, or comparable evidence concerning filing fees for U.S. air carriers, or for all carriers serving that country. Once a waiver has been granted for a specific country, no further waiver applications need be filed for that country. § 389.25 Schedule of processing fees. (a) Document-filing fees. Code Document Interstate Air Transportation Certificate of Public Convenience and Necessity (49 U.S.C. Chapter 411) 1 Application for Certificate of Public Convenience and Necessity Interstate Air Transportation—Charter Authority Only 850 2 Application for Certificate of Public Convenience and Necessity Interstate Air Transportation—Scheduled Service 850 3 Dormant Authority 290 4 Application for Certificate of Public Convenience and Necessity Interstate Air Transportation—Cargo Authority Only 670 5 Application to transfer Certificate of Public Convenience and Necessity Interstate Air Transportation 290 6 Air Taxi Registration 8 7 Application for Commuter Air Carrier Authorization 670 8 Change of Name (registration of trade name or reissuance of certificate) 56 9 Exemption Request—General (49 U.S.C. Chapter 401) 10 Request for an Exemption from 49 U.S.C. Chapter 415 53 11 Request for an Exemption from 49 U.S.C Chapter 411 280 12 Request for an Exemption from 49 U.S.C Chapter 417 120 13 Request for a Service Mail Rate Petition 49 U.S.C. Chapter 419 420 Foreign Air Transportation—U.S. Carriers 14 Application for Certificate of Public Convenience and Necessity Foreign Air Transportation—Scheduled Service 900 15 Amendment to Application for Certificate of Public Convenience and Necessity Foreign Air Transportation—Scheduled Service 425 16 Application for Certificate of Public Convenience and Necessity Foreign Air Transportation—Charter Service 600 17 Amendment to Application for Certificate of Public Convenience and Necessity Foreign Air Transportation—Charter Service 200 18 Transfer of Certificate of Public Convenience and Necessity Foreign Air Transportation—Scheduled or Charter Service 255 19 Change of Name (registration of trade name or reissuance of certificate) 56 Foreign Air Carrier Permit (49 U.S.C. Chapter 413) 20 Foreign Air Carrier Permit—Initial Application 760 21 Foreign Air Carrier Permit—Amendment/Renewal of permit 475 22 Foreign Air Carrier Permit—Amendment to application for a permit 215 Exemption (49 U.S.C. Chapter 401) 23 Request for an Exemption from 49 U.S.C. Chapter 415 53 24 Request for an Exemption from 49 U.S.C. Chapters 411/413 (10 or fewer flights) 77 25 Request for an Exemption from 49 U.S.C. Chapters 411/413 (More than 10 flights) 360 26 Request for an Exemption from 49 U.S.C. Chapters 411/413 (Filed less than 10 days before effective date requested) 1 27 Other (U.S. and foreign air carriers) 360 28 Emergency cabotage (49 U.S.C. Chapter 401) 360 29 Relief for U.S. and foreign indirect air carriers (49 U.S.C. Chapter 401) 370 Undocketed Items 30 Canadian Charter Air Taxi Registration 30 31 Foreign Freight Forwarder Registration 11 32 Foreign Tour Operator Registration 10 33 Foreign Aircraft Permit (14 CFR part 375) 25 34 Special Authorization (14 CFR part 375) 12 35 Charter Statement of Authorization 8 36 Intermodal Statement of Authorization 10 37 Special Authority (14 CFR part 216) 37 38 Fee for filing items 33-37 if filed less than time required before effective date 1 39 IATA resolutions 61 Other (U.S. and Foreign Air Carriers) Charters: 40 Public Charter Prospectus 39 41 OMPC Operation Authorization 665 42 Waiver of Charter Regulations 39 Tariffs: 43 Pages 2 44 Special Tariff Permission 12 45 Waiver of Tariff Regulations 12 46 Exemption request 371 Agreements filed under 49 U.S.C. Chapter 413 47 Prior Approval (docketed) 1,080 48 Routine (non-docketed) 64 49 Application for free and reduced-rate transportation 16 1 (b) Electronic tariff filing fees. Provided: § 389.26 Special rules for tariff page filings. (a) Tariffs issued by carriers. (b) Tariffs issued by publishing agents. (2) If the tariff is issued for one or more air carriers and one or more foreign air carriers, the fee will be charged for each page, except for those pages that the issuing agent states contain only: (i) Matters pertaining exclusively to foreign air carriers that have been granted a waiver; or (ii) Changes in matters pertaining to foreign air carriers that have been granted a waiver and that are included on the same page with other matters that are reissued without change. (3) The fee will not be charged for a blank looseleaf page unless it cancels matters in the preceding page. (4) No fee will be charged when two pages are published back-to-back, one page is not subject to the fee under paragraph (b)(2) of this section, and the page on the reverse is issued without substantive change. (5) The fee will be charged for two looseleaf pages containing a correction number check sheet unless all other pages of the tariff are exempt from the fee. § 389.27 Refund of fee. Any fee charged under this part may be refunded in full or in part upon request if the document for which it is charged is withdrawn before final action is taken. Such requests shall be filed in accordance with § 389.23.