DOT 49 CFR PART 91-2010 INTERNATIONAL AIR TRANSPORTATION FAIR COMPETITIVE PRACTICES.pdf

1、680 49 CFR Subtitle A (10110 Edition) 89.45 all or part of the debt is not past-due or legally enforceable. (However, this does not extend the regulatory period for submitting written statements or for requesting an administrative hear-ing on the merits of an alleged viola-tion, nor does it extend t

2、he period to appeal an assessed civil penalty.) To comply with this procedure, the debtor must: (1) Send a written request for a re-view of the information to the address provided in the notice. (2) State in the request the amount disputed and the reasons why the debt-or believes that the debt is no

3、t past- due or legally enforceable. (3) Include in the request any docu-ments which the debtor wishes to be considered or state that additional in-formation will be submitted within the remainder of the 60 day period. (b) Submission of information. The debtor may submit information show-ing that all

4、 or part of the debt is not past-due or not legally enforceable along with the notification required by paragraph (a) of this section. Failure to submit the information within the re-mainder of the 60 day period will be in-terpreted as there is no additional in-formation for consideration. (c) Revie

5、w of the information. The De-partment considers all available infor-mation related to the issue of whether the debt is past-due and the issue of whether the debt is legally enforceable. After a decision has been reached, the Department notifies the debtor wheth-er the Department has sustained amende

6、d, or cancelled its determina-tion that the debt is past-due and le-gally enforceable. 89.45 Department determination. (a) Following review of the informa-tion, the Department notifies the debt-or with a written decision that in-cludes the supporting rationale. (b) If the Department either sustains

7、or amends its determination, it shall notify the debtor that the debt is being referred to the IRS for offset against the debtors Federal income tax refund. If the Department determines that there is no legally enforceable debt or that full payment has been made, the case will be closed. 89.47 Stay

8、of offset. If the debtor timely notifies the De-partment that he or she is complying with the procedures in 89.43(a) of this subpart and timely submits additional information in accordance with 89.43(b) of this subpart, the debt will not be referred to the IRS while the matter is under review by the

9、 Depart-ment. Referral will not be made until the issuance of a written decision, in accordance with 89.45 of this subpart, which sustains or amends the Depart-ments original determination. PART 91INTERNATIONAL AIR TRANSPORTATION FAIR COM-PETITIVE PRACTICES Sec. 91.1 Purpose. 91.3 Investigations. 91

10、.5 Findings and recommendations. 91.7 Determination of compensatory charges. 91.9 Distribution of compensatory funds. 91.11 Standards. 91.13 Refunds. AUTHORITY: Secs. 23, 88 Stat. 2103, 49 U.S.C. 1159a and 1159b, Pub. L. 93623. SOURCE: 41 FR 54770, Dec. 15, 1976, unless otherwise noted. 91.1 Purpose

11、. The purpose of this part is to pre-scribe the Secretarys role in executing his responsibilities under sections 2 and 3 of the International Air Trans-portation Fair Competitive Practices Act of 1974 to the end that U.S. flag air carriers operating in foreign air trans-portation are protected from

12、all forms of discrimination or unfair competitive practices and are compensated for ex-cessive or otherwise discriminatory charges levied by foreign governments or other foreign entities for the use of airport or airway property. 91.3 Investigations. The Assistant Secretary for Policy, Plans and Int

13、ernational Affairs (Assist-ant Secretary), in coordination with the General Counsel and the Federal Aviation Administrator (Adminis-trator), on complaint of any U.S. flag air carrier or on their own initiative, VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00690 Fmt 8010 Sfmt 8010 Y:SGM

14、L220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-681 Office of the Secretary of Transportation 91.9 shall investigate: (a) Instances of al-leged excessive or otherwise discrimi-natory user charges or

15、 (b) discrimina-tory or unfair competitive practices to which U.S. flag air carriers are sub-jected by a foreign government or other foreign entity. Excessive or oth-erwise discriminatory charges include, but are not limited to, unreasonable landing fees, unreasonable monopoly ground handling fees a

16、nd unreasonable air navigation charges. Discriminatory or unfair competitive practices in-clude, but are not limited to, unreason-ably differentiated fuel allocations, cargo, charter or currency restrictions and inferior monopoly ground handling services. 91.5 Findings and recommendations. (a) Upon

17、finding that a foreign gov-ernment or entity imposes excessive or otherwise discriminatory charges against U.S. flag air carriers or causes such carriers to be subjected to dis-criminatory or unfair competitive practices, the Assistant Secretary, in coordination with the General Counsel and the Admi

18、nistrator, shall determine the extent of the discrimination or un-fair competitive practices. (b) Where the matter involves exces-sive or otherwise discriminatory charges, the Assistant Secretary shall prepare a report and recommend that the Secretary promptly submit a re-port of the case to the Sec

19、retary of State and the Civil Aeronautics Board in accordance with section 11 of the International Aviation Facilities Act, 49 U.S.C. 1159a. (c) Where the matter involves dis-crimination or unfair competitive practices other than user charges, the Assistant Secretary shall prepare a re-port and reco

20、mmend that the Sec-retary take such other action within the jurisdiction of the Department as is appropriate under the circumstances in accordance with 49 U.S.C. 1159b. (d) If the Secretary determines, after review of the report and recommenda-tions made under paragraph (b) of this section, that unr

21、easonably excessive or otherwise discriminatory charges exist, the Secretary will submit a report on the matter to the Secretary of State and the Chairman of the Civil Aero-nautics Board in accordance with 49 U.S.C. 1159a. (e) If the Secretary determines, after review of the report and recommenda-ti

22、ons made under paragraph (c) of this section, that discriminatory or unfair competitive practices exist, the Sec-retary will commence all appropriate action within his jurisdiction in ac-cordance with 49 U.S.C. 1159b. 91.7 Determination of compensatory charges. (a) Upon indication by the Secretary o

23、f State that the excessive or other-wise discriminatory user charges have not been reduced or eliminated, the Secretary will direct the Assistant Sec-retary to compute the appropriate amount of compensatory charges. (b) Upon approving the amount of compensatory charges computed under paragraph (a) o

24、f this section, the Sec-retary will notify the Secretary of State and the Secretary of the Treas-ury of his determination. 91.9 Distribution of compensatory funds. (a) On or after January 1 and July 1 of each year, each U.S. flag air carrier which has been subjected to excessive or otherwise discrim

25、inatory charges for which compensatory charges have been collected shall, upon compliance with paragraph (c) of this section, be entitled to pro rata reimbursement for excessive or otherwise discriminatory charges incurred to date, not to exceed the amount of such charges actually paid by that carri

26、er. (b) The Secretary will publish in the FEDERAL REGISTER, at least 30 days be-fore a U.S. flag air carrier becomes en-titled to reimbursement, a notice set-ting forth the procedures to be followed in making claims for reimbursement. This notice will specify the form in which application shall be m

27、ade and the specific items of proof, if any, to be submitted. (c) On or after January 1 and July 1 of each year, each U.S. flag carrier claiming a right to reimbursement shall apply for such reimbursement in accordance with the FEDERAL REGISTER notice referred to in paragraph (b) of this section. Ve

28、rDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00691 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-682 49 CFR Subtitle A (10110 Edition) 91.11 (d) The Assistant S

29、ecretary shall, on the basis of the application and such other data as may be available, com-pute the amount to which such carrier is entitled. (e) Subject to the provisions of 91.13(b), upon approving the computa-tion made by the Assistant Secretary, the Secretary shall issue such certifi-cate as w

30、ill entitle each such carrier to payment from the account maintained by the Secretary of the Treasury for this purpose. 91.11 Standards. (a) To minimize the burden of imple-menting this part on the United States, on U.S. flag air carriers and on foreign air carriers, estimates and peri-odic adjustme

31、nts will be used to deter-mine the amount of discrimination and compensatory charges therefor. (b) For the purpose of determining the amount of excessive or otherwise discriminatory charges imposed upon U.S. flag air carriers by an entity: (1) A service or use of airport or air-way property includes

32、, but is not lim-ited to, fueling, food service, ticketing, baggage handling, runways, ramps, parking areas, navigational aids, com-munications facilities or any other service necessary and incidental to the conduct of a flight. (2) An excessive or otherwise dis-criminatory charge includes, but is n

33、ot limited to, a charge substantially above the cost of providing a service or any charge for a service that is sub-stantially inferior to that which the U.S. flag air carrier could have pro-vided for itself, at the same cost, by contract or otherwise (see also 91.3). (c) In determining the amount o

34、f compensatory charge: (1) The total amount of excessive or otherwise discriminatory charges lev-ied against U.S. flag air carriers will be estimated in dollars. (2) The total volume of operations to the United States by air carriers of the nation concerned will be estimated for the succeeding six-m

35、onth period. (3) The total amount of excessive or otherwise discriminatory charges in paragraph (c)(1) of this section will be divided by the total volume of oper-ations in paragraph (c)(2) of this sec-tion, and (4) The quotient thus computed (which may be adjusted to reflect the type of aircraft) w

36、ill constitute the compensatory charge to be collected as a condition to acceptance of the gen-eral declaration at the time of landing or takeoff of such air carriers of the nation concerned. 91.13 Refunds. (a) Where, in his discretion, the Sec-retary finds that good cause has been shown, the Secret

37、ary may authorize a refund of collected compensatory charges. For purposes of this section, good cause includes, but is not limited to, an error of fact, a miscalculation, or a determination that an original conclusion of entitlement was insuffi-cient, invalid, erroneous or invalidated by subsequent

38、 events. (b) Notwithstanding the provisions of 91.9(e) the Secretary may suspend for a reasonable time the issuance of a cer-tificate of entitlement upon a showing by a payor of compensatory charges that there is a substantial likelihood that the payor will make a showing of good cause under 91.13(a

39、). (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the issuance of a certificate of entitle-ment under 91.9(e) or the distribution to U.S. flag air carriers of funds col-lected under this part shall be with prejudice to any claim for refund under this section. PART 92RE

40、COVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET Sec. 92.1 Purpose. 92.3 Scope. 92.5 Definitions. 92.7 Notice, hearing, written response and decision. 92.9 Exceptions to notice, hearing, written response, and final decision. 92.11 Demand for payment. 92.13 Request for hearing. 92.15 Request for

41、hearing after time expires. 92.17 Form of hearings and written deci-sions. 92.19 Obtaining the services of a hearing of-ficial. 92.21 Deduction from pay. 92.23 Collection. 92.25 Source of deductions. 92.27 Duration of deductions. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00692 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-