1、337 Office of the Secretary, DOT 325.4 323.18 Carriers obligations when ter-minating, suspending, or reducing air service. Any air carrier that terminates, sus-pends, or reduces air service, whether or not subject to the notice require-ments of this part, shall make reason-able efforts to contact al
2、l passengers holding reservations on the affected flights to inform them of the flights cancellation. 323.19 Withdrawal notice by exemp-tion carriers in certain limited- entry markets. As a condition on the exemption, an air carrier operating under exemption authority in an international market whic
3、h is the subject of a carrier selec-tion proceeding shall file a notice with the Department at least ninety days before it terminates service in that market. Once such a notice has been filed, the carrier may not terminate service in that market during the no-tice period unless the air carrier cho-s
4、en in the selection proceeding enters the market and the Department grants the operating carrier permission to do so. The Department may allow earlier termination for good cause when in the public interest. Doc. No. 43403, 51 FR 43188, Dec. 1, 1986 PART 325ESSENTIAL AIR SERVICE PROCEDURES Sec. 325.1
5、 Purpose. 325.2 Applicability. 325.3 Definitions. 325.4 State and local participation. 325.5 Determinations and designations. 325.6 Periodic reviews. 325.7325.9 Reserved 325.10 Modification of the designated level of essential air service. 325.11 Form of documents. 325.12 Service of documents. 325.1
6、3 Environmental evaluations and en-ergy information not required. 325.14 Conformity with subpart A of part 302. AUTHORITY: 49 U.S.C. Chapters 401, 417. SOURCE: Docket No. 82, 50 FR 2434, Jan. 16, 1985, unless otherwise noted. 325.1 Purpose. The purpose of this part is to estab-lish procedures to be
7、followed in desig-nating eligible points and in deter-mining essential air transportation levels for eligible points, and in the ap-peals and periodic reviews of these de-terminations, under section 419 of the Act. 325.2 Applicability. This part applies to essential air service determinations for co
8、mmu-nities designated as eligible under sec-tion 419(a) of the Act and to eligible point designations and essential air service determinations for commu-nities that qualify under section 419(b) of the Act. It applies to the gathering of data by the Department, and to the participation of State, loca
9、l, and other officials and other interested persons in the designation and determination processes. NOTE: Criteria for designating eligible points under section 419(b) are contained in part 270 of this chapter. Guidelines for decid-ing essential air service levels are contained in part 398 of this c
10、hapter. 325.3 Definitions. As used in this part, eligible point means: (a) Any point in the United States, the District of Columbia, and the sev-eral territories and possessions of the United States to which any direct air carrier was authorized, under a certifi-cate issued by CAB under section 401
11、of the Act, to provide air service on Octo-ber 24, 1978, whether or not such service was actually provided; (b) Any point in the United States and the several territories and posses-sions of the United States that was de-leted from a section 401 certificate be-tween July 1, 1968 and October 24, 1978
12、, inclusive, and that has been designated as an eligible point under the Act; or (c) Any other point in Alaska or Ha-waii that has been designated as an eli-gible point under the Act. 325.4 State and local participation. (a) DOT, on a periodic basis, will send a questionnaire to each eligible point
13、that is served by not more than one certificated air carrier, or is designated as an eligible point under section 419(b) VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo
14、reproduction or networking permitted without license from IHS-,-,-338 14 CFR Ch. II (1111 Edition) 325.5 of the Act, or for which DOT is review-ing its essential air service needs. The questionnaire will be addressed to: (1) The chief executive of the prin-cipal city, or other unit of local gov-ernm
15、ent at the affected point, that is named or has been previously named in a qualifying section 401 certificate. For points in Alaska or Hawaii that are named DOT as eligible points without having been listed on a section 401 cer-tificate, the principal city is the most populous municipality at the po
16、int; (2) The individual or entity with di-rect supervision over and responsibility for the airport at the eligible point; and (3) The State agency with jurisdic-tion over air transportation in the State containing the eligible point. If there is no such State agency, the questionnaire will be sent t
17、o the gov-ernor of that State. (b) Within 60 days after receipt of the questionnaire, five copies of the re-sponse shall be filed in the Documen-tary Services Division, unless the De-partment specifies another date. If no response is received within the period, essential air service for that eligibl
18、e point may temporarily be set at the minimum level prescribed in section 419(f) of the Act. (c) Any other interested person may, during the 60-day response period, sub-mit information relevant to the essen-tial air service level of that eligible point by filing in the Documentary Services Division,
19、 five copies of a docu-ment titled with the name of the point involved. (d) As necessary, the DOT may re-quest additional information to supple-ment the questionnaire. (Approved by the Office of Management and Budget under control number 30240037) 325.5 Determinations and designa-tions. (a) Not late
20、r than October 24, 1979, after reviewing all information sub-mitted, CAB issued determinations of the essential level of air service for eli-gible points that, on October 24, 1978, were served by not more than one di-rect air carrier holding a certificate under section 401 of the Act for sched-uled
21、service to the point. (b) DOT will issue a determination of the essential level of air service for a point within 6 months after each of the following events: (1) A notice is received that service to an eligible point will be reduced to only one carrier that holds a section 401 certificate; (2) A po
22、int is designated as an eligi-ble point under section 419(b) of the Act and either paragraph (c) of this section, paragraph (d) of this section, or 325.7(e); or (3) A review was conducted of essen-tial air service of that point under 325.6. (c) Not later than January 1, 1982, CAB designated the comm
23、unities de-scribed in 270.2(a) and (b) as eligible points or as ineligible. (d) After January 1, 1982, DOT may designate communities in Alaska or Hawaii as eligible points if they apply for such designation. 325.6 Periodic reviews. (a) The Department will start a peri-odic review of essential air se
24、rvice within 1 year of the date of the pre-vious determination of essential air service for eligible points receiving subsidized service, within 2 years of the date of the previous determination for eligible points in Alaska, and within 3 years of the date of the previous deter-mination for eligible
25、 points without subsidized air service. (b) The review shall be conducted in accordance with the procedures in 325.4, 325.5 and 325.7. (c) The Department may review the designation under section 419(b) of a community as an eligible point to de-termine whether that point continues to meet the criteri
26、a in part 270 of this chapter. 325.7325.9 Reserved 325.10 Modification of the designated level of essential air service. (a) Any person may file with DOT a petition titled Petition for Modifica-tion of Essential Air Service Level, asking to modify the essential air serv-ice level at a point. (b) The
27、 petition shall identify the point affected, and specifically state the reasons why the petitioner believes VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction
28、or networking permitted without license from IHS-,-,-339 Office of the Secretary, DOT Pt. 330 the designated essential level is inad-equate. It should contain any facts and arguments that support its requests, and describe the level of essential air service that should be substituted. (c) Any person
29、 may, within 30 days after the filing of a petition for modi-fication, file an answer to that petition titled Answer to Petition for Modifica-tion. (d) After review, the Department may seek more information and the procedures of 325.5 and 325.7 will be followed. (Approved by the Office of Management
30、 and Budget under control number 30240037) 325.11 Form of documents. All documents filed under this part shall be filed in the Documentary Serv-ices Division, U.S. Department of Transportation, 1200 New Jersey Ave-nue, SE., Washington, D.C. 20590, and on their front page state: (a) The title of the
31、document; (b) The name of the affected commu-nity; (c) The name, address, and telephone number of a person who can be con-tacted for further information con-cerning the subject of the document; and (d) In the case of a responsive docu-ment, the docket number of the docu-ment to which it responds. 32
32、5.12 Service of documents. Any person, except one filing individ-ually as a consumer, who files a docu-ment under this part, including re-sponses to the questionnaire, shall serve that document upon those listed in 325.4(a) of this part and upon the following: (a) The governor of the State in which
33、the eligible point is located; (b) Each air carrier providing sched-uled service to the affected eligible point; (c) In the case of a responsive docu-ment, the one who filed the document to which it responds; and (d) The U.S. Postal Service, Assistant General Counsel, Transportation Divi-sion, Law D
34、epartment, Washington, D.C. 20260. 325.13 Environmental evaluations and energy information not re-quired. Notwithstanding any provision of part 312 or part 313 of this chapter, a person filing a petition or appeal under this part is not required to file an envi-ronmental evaluation or energy infor-m
35、ation with the application. 325.14 Conformity with subpart A of part 302. Except where they are inconsistent, the provisions of subpart A of part 302 of this chapter shall apply to pro-ceedings under this part. PART 330PROCEDURES FOR COMPENSATION OF AIR CARRIERS Subpart AGeneral Provisions Sec. 330.
36、1 What is the purpose of this part? 330.3 What do the terms used in this part mean? 330.5 What funds will the Department dis-tribute under this part? 330.7 Reserved 330.9 What are the limits on compensation to air carriers? 330.11 Which carriers are eligible to apply for compensation under this part
37、? 330.13 If an air carrier received compensa-tion under the Act previously, does it have to submit a third-round applica-tion? 330.15330.17 Reserved Subpart BApplication Procedures 330.21 Reserved 330.23 To what address must air carriers send their applications? 330.25 What are the components of an
38、air carriers application for compensation? 330.27 What information must certificated and commuter air carriers submit? 330.29 What information must air taxi oper-ators submit on Form 330 (Final) and Form 330C? 330.31 What data must air carriers submit concerning ASMs or RTMs? 330.33 Must carriers ce
39、rtify the truth and accuracy of data they submit? 330.35 What records must carriers retain? 330.37 Are carriers which participate in this program subject to audit? 330.39 What are examples of types of losses that the Department does not allow? VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00349 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-,-,-
