1、331 Office of the Secretary, DOT Pt. 323 (b) In proceedings involving evi-dentiary hearings, the energy informa-tion shall be submitted at such hear-ings pursuant to DOTs usual proce-dural regulations and practices, under control of the administrative law judge or other hearing officer. (c) In proce
2、edings not involving evi-dentiary hearings, the energy informa-tion shall be submitted at such time as other materials in justification of an application are submitted. Where an application itself is intended as jus-tification for DOT action, the energy information shall be submitted with the applic
3、ation. In rulemakings not in-volving hearings, the energy informa-tion shall normally be submitted along with comments on the notice of pro-posed rulemaking, or as directed in any such notice or any advance notice. 313.6 Energy statements. (a) Each major regulatory action shall include, to the exten
4、t practicable, consideration of the probable impact of the action taken or to be taken upon energy efficiency and conservation. The administrative law judge or the DOT decisionmaker, as the case may be, shall normally make findings and conclusions about: (1) The net change in energy con-sumption; (2
5、) The net change in energy effi-ciency; and (3) The balance struck between en-ergy factors and other public interest and public convenience and necessity factors in the decision. (b) Energy findings and conclusions contained in any initial or rec-ommended decision are a part of that decision and thu
6、s subject to discre-tionary review by DOT. (c) In the case of orders to show cause initiated by DOT, energy find-ings and conclusions may be omitted if adequate information is not available. In such instances, the energy state-ment shall be integrated into the final decision. 313.7 Integration with
7、environmental procedures. (a) In proceedings in which an envi-ronmental impact statement or a find-ing of no significant impact is prepared by a responsible official pursuant to DOTs procedures implementing the National Environmental Policy Act of 1969 (NEPA), the energy information called for by th
8、is part may be included in that statement or declaration in order to yield a single, comprehensive document. In such instances, the DOTs NEPA procedures shall govern the sub-mission of the energy information. However, it shall remain the responsi-bility of the administrative law judge or the DOT dec
9、isionmaker, as the case may be, to make the findings and con-clusions required by 313.6(a) of this part. (b) A determination that a major reg-ulatory action within the meaning of 42 U.S.C. 6362 and this part may be in-volved in a proceeding is independent from any determination that the pro-ceeding
10、is a major Federal action sig-nificantly affecting the quality of the human environment within the mean-ing of NEPA, and vice versa. Docket No. 82, 50 FR 2425, Jan. 16, 1985, as amended at 60 FR 43528, 43529, Aug. 22, 1995 PART 314 RESERVED PART 323TERMINATIONS, SUS-PENSIONS, AND REDUCTIONS OF SERVI
11、CE Sec. 323.1 Applicability. 323.2 Definitions. 323.3 Who shall file notices. 323.4 Contents of notices. 323.5 Time for filing notices. 323.6 General requirements for notices. 323.7 Service of notices. 323.8 Exemptions. 323.9 Objections to notices. 323.10 Time for filing objections. 323.11 Answers t
12、o objections. 323.12 General requirements for objections and answers. 323.13 DOT actions. 323.14 Temporary suspension authority for involuntary interruption of service. 323.15 Report to be filed after strikes. 323.16 Listings in schedule publications. 323.17 Delays in discontinuing service. 323.18 C
13、arriers obligations when termi-nating, suspending, or reducing air serv-ice. 323.19 Withdrawal notice by exemption car-riers in certain limited-entry markets. AUTHORITY: 49 U.S.C. Chapters 401, 411, 417. SOURCE: Docket No. 82, 50 FR 2430, Jan. 16, 1985, unless otherwise noted. VerDate Mar2010 13:23
14、Feb 23, 2011 Jkt 223046 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-332 14 CFR Ch. II (1111 Edition) 323.1 323.1 Applicability. This part applies
15、 to certificated air carriers who terminate or suspend service to a point, or in a market, and to all air carriers who terminate, sus-pend, or reduce service below the level of essential air service under 49 U.S.C. 41731-41742. Docket No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-
16、1269, 61 FR 19165, May 1, 1996 323.2 Definitions. As used in this part: Certificated carrier means a direct air carrier holding authority to provide air transportation granted by the Depart-ment of Transportation (DOT) or the former Civil Aeronautics Board (CAB) in the form of a certificate of publi
17、c convenience and necessity under sec-tion 41102 of the Title 49 of the United States Code (Transportation) (the Statute) or an all-cargo air transpor-tation certificate to perform all-cargo air transportation under section 41103 of the Statute. Eligible place means a place in the United States that
18、 (1) Was an eligible point under sec-tion 419 of the Federal Aviation Act of 1958 as in effect before October 1, 1988; (2) Received scheduled air transpor-tation at any time between January 1, 1990, and November 4, 1990; and (3) Is not listed in Department of Transportation Orders 89937 and 89 1252
19、as a place ineligible for com-pensation under Subchapter II of Chap-ter 417 of the Statute. (For availability of Department of Transportation Or-ders, see 49 CFR part 7, subpart E and appendix A.) Essential air service is that air trans-portation which the Department has found to be essential under
20、Subchapter II of Chapter 417 of the Statute. FAA means the Federal Aviation Ad-ministration, U.S. Department of Transportation. FAA-designated hub means any air-port serving a small, medium, or large air traffic hub listed in the Department of Transportation publication, Airport Activity Statistics
21、of Certificated Route Carriers. Statute means Subtitle VII of Title 49 of the United States Code (Transpor-tation). United States includes the several States, the District of Columbia, and the several territories and possessions of the United States. State includes any of the individual entities com
22、prising the United States. Docket No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, May 1, 1996 323.3 Who shall file notices. (a) Terminations, suspensions, or reduc-tions by certificated carriers. The notice described in 323.4(a) shall be filed by any certificated
23、carrier that intends to: (1) Terminate or suspend all pas-senger air transportation that it is pro-viding to any eligible place in the United States when that termination or suspension will leave no certificated carriers serving that place. Service shall be considered to be terminated or suspended w
24、henever it is operated less than 5 days per week, with three or more intermediate stops, or in one di-rection only between the two places; (2) Reduce passenger air transpor-tation so that any eligible place re-ceives less than the level of essential air service determined by DOT; (3) Terminate or su
25、spend all pas-senger air transportation that it is pro-viding to any eligible place in the United States for which DOT has not issued an essential air service deter-mination under either 325.5 or 325.7 of this chapter, when that termination or suspension will leave only one cer-tificated carrier ser
26、ving that place. Service shall be considered to be termi-nated or suspended whenever it is oper-ated less than 5 days per week, with three or more intermediate stops, or in one direction only between the two places; (4) Reduce passenger air transpor-tation to any eligible place in Alaska for which D
27、OT has not determined the level of essential air service so that the service between that place and every other place served by a certificated carrier is either: (i) Less than two round trip flights per week, or (ii) Less than the average weekly number of round trip flights actually provided during
28、calendar year 1976, or VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-333 Office of the Secretary, DOT
29、 323.4 (iii) Less than the number of flights specified under an agreement between DOT and the State of Alaska; or (5) Terminate, suspend, or reduce passenger air transportation at an eli-gible place for which DOT has issued, or is required to issue, an essential air service determination under secti
30、on 41731 or section 41733 of the Statute so that the total available seats of all the carriers linking that place to FAA-des-ignated hubs will be reduced by 33 per-cent or more during a 90-day period. Service to a hub shall be considered to be terminated or suspended whenever it is operated less tha
31、n 5 days per week, with three or more intermediate stops, or in one direction only between two places. (b) Reserved (c) Uncertificated carriers. The notice described in 323.4(a) shall be filed by any uncertificated carrier that intends to terminate, suspend, or reduce: (1) Air transportation so that
32、 any eli-gible place receives less than the level of essential air service determined by the DOT; (2) Passenger air transportation to any eligible place for which DOT has not determined the level of essential air service, other than a place in Alas-ka, so that there is no FAA-designated hub from whi
33、ch the place receives at least two round trip flights per day, 5 days per week; or (3) Passenger air transportation to any eligible place in Alaska, for which DOT has not determined the level of es-sential air service, so that the service between that place and every other place served by a certific
34、ated carrier is either: (i) Less than two round trip flights per week, or (ii) Less than the average number of weekly round trip flights actually pro-vided during calendar year 1976, or (iii) Less than the number of flights specified under an agreement between DOT and the State of Alaska. (d) For th
35、e purpose of this section, in ascertaining the level of air transpor-tation being provided to a place or be-tween two places, air transportation that has been the subject of a notice filed under this section shall be consid-ered not in operation for the duration of the notice period. (e) If a certif
36、icated carrier was, be-fore October 24, 1978, granted authority to suspend air transportation, and that authority ends on a stated date, the carrier shall comply with the require-ments of this part before continuing the suspension beyond that date. (f) If a certificated carrier was, before October 2
37、4, 1978, granted authority to terminate or suspend air transpor-tation, but has not suspended service, the carrier shall comply with the re-quirements of this part before termi-nating or suspending service. Docket No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19
38、166, May 1, 1996 323.4 Contents of notices. (a) The notice required under 323.3 (a) and (c) shall contain: (1) Identification of the carrier, in-cluding address and telephone number. (2) Statement whether the carrier is a certificated carrier or an uncertificated carrier. (3) Names of all other air
39、carriers serving the point at the time of filing. (4) Description of the service to be terminated, suspended, or reduced, in-cluding: (i) Arrival and departure times at the affected points of the flights to be dis-continued, (ii) Aircraft type used, (iii) Routes of the flights to be dis-continued, a
40、nd a statement of which routes, if any, will be left without non-stop or single-plane service from a cer-tificated carrier by the intended change, and (iv) Date of intended termination, suspension, or reduction of service. (5) A statement whether DOT has de-termined the level of essential air serv-i
41、ce for the point, and (i) If such a determination has been made, a statement whether the in-tended termination, suspension, or re-duction will reduce air transportation to the place below the essential level; or (ii) If such a determination has not been made, and the place is an eligible place, a st
42、atement whether the in-tended termination, suspension, or re-duction reasonably appears to deprive the place of essential air service, and an explanation. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with C
43、FRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-334 14 CFR Ch. II (1111 Edition) 323.5 (6) If the place is an eligible place, the calendar date when objections are due under 323.10. (7) Proof of service upon all persons specified in 323.7(a). The p
44、roof of serv-ice shall include the names of all car-riers served and the names and address-es of all other persons served. (b) Reserved (c) DOT may require any carrier fil-ing notice to supply additional infor-mation. (Approved by the Office of Management and Budget under control number 30240030) Do
45、cket No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996 323.5 Time for filing notices. (a) Except as specified by paragraph (b) of this section, a notice required by 323.3 shall be filed at least: (1) 90 days before the intended termi-nation, suspe
46、nsion, or reduction, if it is filed by a certificated carrier or by an uncertificated carrier receiving com-pensation under 49 U.S.C. 41731-41742 for service to the place; (2) 30 days before the intended termi-nation, suspension, or reduction, if it is filed by an uncertificated carrier not receivin
47、g compensation under section 419 of the Act for service to the place. (b) The notice required by 323.3(a)(3) shall be filed at least 30 days, and the notice required by 323.3(a)(1) shall be filed at least 60 days, before the in-tended termination or suspension. Docket No. 82, 50 FR 2430, Jan. 16, 19
48、85, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996 323.6 General requirements for no-tices. (a) Each notice filed under this part shall, unless otherwise specified, con-form to the procedural rules of general applicability in subpart A of part 302 of this chapter. (b) Each notic
49、e filed under this part shall be titled to indicate the place(s) involved, and to indicate whether it is a 30-, 60-, or 90-day notice and whether it involves a termination, a suspension, or a reduction of air transportation. Docket No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996 323.7 Service of notices. (a) A copy of each notice required by 323.3 shall be served upon:
