[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR249.7]



[Page 197-198]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 249_PRESERVATION OF AIR CARRIER RECORDS--Table of Contents

 

                     Subpart A_General Instructions

 

Sec. 249.7  Restrictions on record destruction.



    (a) Each carrier that has been named a party to a pending mail rate 

case shall retain all records remaining in its custody as of the 

beginning of an ``open mail rate period'' until the occurrence of one of 

the following contingencies, whichever is first:

    (1) Final adjudication of a DOT order fixing the final mail 

compensation payable for services rendered during an ``open mail rate 

period.''

    (2) Receipt of a notice issued by the Director, Office of Airline 

Information in response to a written application filed by the carrier, 

authorizing the destruction of specifically identified categories of rec 

ords. An application should be filed when the carrier believes that 

certain categories of records are not relevant to the proper processing 

of a pending mail proceeding. The application should list those 

categories of records which the carrier wants to destroy and its reasons 

for believing that the rec ords are not necessary or useful in 

determining its satutory mail pay.



[[Page 198]]



    (b) Each carrier shall preserve rec ords supporting the computation 

of subsidy mail pay in accordance with the provisions of Sec. 249.20 

unless the carrier has been advised that these computations are subject 

to further review and disposition by the Board. When the DOT is still 

reviewing the compensation amount after expiration of the normal 

retention period specified in Sec. 249.20, these records must be 

retained until the carrier is notified by the Director, Office of 

Airline Information, that the records may be destroyed.

    (c) Each carrier that has been named a party to an enforcement 

proceeding or against whom a third-party complaint has been filed shall 

retain all records relating to the case until the receipt of formal 

notification from the Director, Office of Airline Information, following 

a written application from the carrier, which authorizes the destruction 

of these records.

    (d) Each carrier that has been named a party to a pending case which 

is not of a type discussed in paragraphs (a), (b), and (c) of this 

section, shall preserve all records according to the provisions of Sec. 

249.20 unless the Director, Office of Airline Information, notifies the 

carrier in writing that specific records shall be preserved until final 

adjudication of the pending case.

    (e) Each carrier that is a party to litigation in a Federal court of 

which the DOT is also a party shall retain all records relating to the 

case until the receipt of formal notification from the Director, Office 

of Airline Information, following a written application from the 

carrier, which authorizes the destruction of these records.



[ER-1214, 46 FR 25415, May 6, 1981, as amended at 60 FR 66725, Dec. 26, 

1995]