1、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 may, within 30 days after the filing of a petition f
2、or 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 and Budget under control number 30240037) 325.11 For
3、m 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 document; (b) The name of the affected commu-nity; (c
4、) 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. 325.12 Service of documents. Any person, except one fil
5、ing 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 the eligible point is located; (b) Each air carrier p
6、roviding 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 Department, Washington, D.C. 20260. 325.13 Environment
7、al 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-mation with the application. 325.14 Conformity with su
8、bpart 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. 330.1 What is the purpose of this part? 330.3 What do the
9、 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? 330.13 If an air carrier received compensa-tion und
10、er 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 air carriers application for compensation? 330.27 Wha
11、t 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 certify the truth and accuracy of data they submit? 330
12、.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 223046WR
13、eier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-340 14 CFR Ch. II (1111 Edition) 330.1 Subpart CSet-Aside for Certain Carriers 3330.41 What funds is the Department set-ting aside for eligible classes of air car-r
14、iers? 330.43 What classes of air carriers are eligi-ble under the set-aside? 330.45 What is the basis on which air car-riers will be compensated under the set- aside? APPENDIX A TO PART 330FORMS FOR ALL CARRIERS APPENDIX B TO PART 330 RESERVED APPENDIX C TO PART 330FORMS FOR AIR TAXI OPERATORS AUTHO
15、RITY: Pub. L. 10742, 115 Stat. 230 (49 U.S.C. 40101 note); sec. 124(d), Pub. L. 10771, 115 Stat. 631 (49 U.S.C. 40101 note). SOURCE: Docket No. OST200110885, 67 FR 54066, Aug. 20, 2002, unless otherwise noted. Subpart AGeneral Provisions 330.1 What is the purpose of this part? The purpose of this pa
16、rt is to estab-lish procedures to implement section 101(a)(2) of the Air Transportation Safety and System Stabilization Act (the Act), Public Law 10742, 115 Stat. 230 (49 U.S.C. 40101 note). This statu-tory provision is intended to com-pensate air carriers for direct losses in-curred as a result of
17、the Federal ground stop order issued by the Sec-retary of Transportation, and any sub-sequent orders, following the terrorist attacks of September 11, 2001, and in-cremental losses incurred from Sep-tember 11 through December 31, 2001, as the result of those attacks. 330.3 What do the terms used in
18、this part mean? The following terms apply to this part: Air carrier means any U.S. air carrier, as defined in 49 U.S.C. 40102. Air taxi operator means an air carrier, other than a commuter air carrier, that holds authority issued under 14 CFR part 298 and 14 CFR part 121 or part 135. Available seat-
19、miles (ASMs) means the aircraft miles flown on each flight stage by an air carrier multiplied by the number of seats available for rev-enue use on that stage. Certificated air carrier means an air carrier holding a certificate issued under 49 U.S.C. 41102 or 41103. Commuter air carrier means an air
20、car-rier as defined in 14 CFR 298.2(e) that holds a commuter air carrier author-ization issued under 49 U.S.C. 41738. Incremental loss means a loss incurred by an air carrier in the period of Sep-tember 11, 2001December 31, 2001, as a result of the terrorist attacks on the United States of September
21、 11, 2001. It does not include any loss that would have been incurred if the terrorist at-tacks on the United States of Sep-tember 11, 2001, had not occurred. Regional air carrier means an air car-rier that operates at least one large aircraft and has annual operating reve-nues of less than $100 mil
22、lion. Revenue ton-miles (RTMs) means the aircraft miles flown on each flight stage by the air carrier multiplied by the number of tons of revenue cargo transported on that stage. For purposes of this part, RTMs include only those resulting from all-cargo flights. 330.5 What funds will the Depart-men
23、t distribute under this part? Under this part, the Department will distribute up to the full amount of the compensation it determines is payable to air carriers under section 103(b) of the Act, and up to the full amount of the set-aside provided for in subpart C of this part to air carriers eligible
24、 for it. The Department may require addi-tional information to support pay-ments to individual carriers in connec-tion with this final payment. 330.7 Reserved 330.9 What are the limits on com-pensation to air carriers? (a) You are eligible to receive com-pensation equaling the lesser of your direct
25、and incremental losses or the amount calculated by the formula set forth in section 103(b)(2) of the Act. (b) If at any time we determine that a carrier has been compensated in an amount that exceeds the amount to which it is entitled under section 103(b) of the Act or the subpart C set-aside progra
26、m, the Department will notify VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00350 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-,-,-341 Office of the Secreta
27、ry, DOT 330.27 the carrier of the basis for the deter-mination, the amount that must be re-paid, and the procedures to follow for making a repayment. We will follow collection procedures under the Fed-eral Claims Collection Act of 1966 (31 U.S.C. 3701 et seq.,) to the extent re-quired by law, in rec
28、overing such over-payments. This process will also apply to collection of overpayments by the Department as a result of an audit by representatives of the Department, in-cluding the Office of the Inspector Gen-eral, or the Comptroller General under section 103 of the Act, which may be the subject of
29、 a separate collection ac-tion. 330.11 Which carriers are eligible to apply for compensation under this part? (a) If you are a certificated air car-rier, a commuter air carrier, an air taxi, or an indirect air carrier, you are eligible to apply for compensation under subpart B of this part. (b) Rese
30、rved (c) If you are a foreign air carrier, commercial operator, flying club, frac-tional owner, general aviation oper-ator, fixed base operator, flight school, or ticket agent, you are not eligible to apply for compensation under this part. 330.13 If an air carrier received com-pensation under the A
31、ct previously, does it have to submit a third- round application? Yes, if, as an air carrier, you pre-viously received compensation under section 101(a)(2) of the Act, you must, in all cases, submit a complete Form 330 (Final) and other documents re-quired under this part. You must do so even if you
32、 are not seeking additional compensation. 330.15330.17 Reserved Subpart BApplication Procedures 330.21 Reserved 330.23 To what address must air car-riers send their applications? (a) You must submit your applica-tion, and all required supporting infor-mation, in hard copy (not by fax or electronic m
33、eans) to the following ad-dress: U.S. Department of Transportation, Aviation Relief Desk (X50), 1200 New Jersey Ave-nue, SE., Washington, DC 20590. (b) If your complete application is not sent to the address in paragraph (a) of this section as required in this sec-tion, the Department will not accep
34、t it. 330.25 What are the components of an air carriers application for com-pensation? As an air carrier applying for com-pensation under this part, you must provide to the Department all mate-rials described in 330.27330.33. The Department will not accept your appli-cation if it does not comply ful
35、ly with the requirements of this subpart. 330.27 What information must certifi-cated and commuter air carriers submit? (a) You must submit Form 330 (Final), found in appendix A to this part. Data supplied on Form 330 (Final) in appendix A to this part must be tied only to the airline portion of thei
36、r businesses and must exclude non-air transportation related expenses. (b) Reserved (c) Air carriers that operate both pas-senger/combination aircraft and all- cargo aircraft and routinely report to the Department ASMs and RTMs sepa-rately for both types of flights must submit two versions of Form 3
37、30 (Final) in appendix A to this part to seek compensation on both an ASM and RTM basis. Financial and oper-ational data (both actual and fore-casted) must be disaggregated and cor-relate exclusively to one or the other type of operation. (d) You must include the following fi-nancial information on
38、Form 330 (Final) for the period September 11, 2001 through December 31, 2001: (1) Your pre-September 11, 2001, prof-it/loss forecast for the period beginning September 11, 2001, and ending Decem-ber 31, 2001. This forecast must reflect seasonal reductions in capacity and the cost savings associated
39、with such re-ductions. Documentation verifying that the pre-September 11, 2001, fore-cast was, in fact, completed before that VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Resa
40、leNo reproduction or networking permitted without license from IHS-,-,-342 14 CFR Ch. II (1111 Edition) 330.29 date must also be submitted with your application. (2) Your actual results for that same period reflecting any losses that were a direct result of the terrorist attacks of September 11, 200
41、1. These actual re-sults must incorporate all cost reduc-tions associated with capacity reduc-tions and furloughs you made due to the reduced demand for air service after the September 11th attacks (e.g., employee pay adjustments and fur-loughs, changes in aircraft fleet in service, schedule and cap
42、acity changes, etc.). (3) The difference between your fore-cast profits/losses and actual results for that period (i.e., the difference be-tween the figures in paragraphs (d) (1) and (2) of this section). (4) The actual losses you report must be net losses, before taxes, taking into account savings
43、from such items as re-ductions in passenger and cargo han-dling costs, fuel consumption, landing fees, revenue/traffic-related expenses (e.g., commissions, food and beverage, booking fees, credit card fees), and sav-ings of other costs due to the ground stop and subsequent schedule/capacity/ staff r
44、eductions (including savings from layoffs of employees, adjusted for severance payments), as well as pro-ceeds from business recovery insurance or other insurance payments. You must not report as losses insurance premium increases that have been or will be compensated by the Govern-ment under the Ac
45、t, or other losses that have been or will be compensated by other subsidies or assistance pro-vided by Federal, state, or local gov-ernments. 330.29 What information must air taxi operators submit on Form 330 (Final) and Form 330C? As an air taxi operator, you must complete Form 330 (Final) in accor
46、d-ance with the requirements in 330.27. You must also complete pages 2, 5, and 6 (certifying pages 2 and 5) of Form 330 C as shown in appendix C to this part. Explanatory notes are included on that Form. 330.31 What data must air carriers submit concerning ASMs or RTMs? (a) Except as provided in par
47、agraph (d) of this section, if you are applying for compensation as a passenger or combination passenger/cargo carrier, you must have submitted your August 2001 total completed ASM report to the Department for your system-wide air service (e.g., scheduled, non-scheduled, foreign, and domestic). (b)
48、Except as provided in paragraph (d) of this section, if you are applying for compensation as an all-cargo car-rier, you must have submitted your RTM reports to the Department for the second calendar quarter of 2001. (c) In calculating and submitting ASMs and RTMs under paragraphs (a) and (b) of this
49、 section, there are cer-tain things you must not do: (1) Except at the direction of the De-partment, or to correct an error that you document to the Department, you must not alter the ASM or RTM re-ports you earlier submitted to the De-partment. Your ASMs or RTMs for pur-poses of this part are as you have re-ported them to the Department accord-ing to existing standards, require-ments, and methodologi
