1、203 Office of the Secretary, DOT 255.4 liability amount. The Department will use the following formula: $2500 (a/b) rounded to the nearest $100 where: a = July CPI-U of year of current adjustment b = the CPIU figure in December 1999 when the inflation adjustment provision was added to part 254. 64 F
2、R 70575, Dec. 17, 1999, as amended by DOTOST20080332, 73 FR 70592, Nov. 21, 2008 PART 255AIRLINE COMPUTER RESERVATIONS SYSTEMS Sec. 255.1 Purpose. 255.2 Applicability. 255.3 Definitions. 255.4 Display of information. 255.5 Contracts with participating carriers. 255.6 Exceptions. 255.7 Prohibition ag
3、ainst carrier bias. 255.8 Sunset Date. AUTHORITY: 49 U.S.C. 40101, 40102, 40105, 40113, 41712. SOURCE: 69 FR 1032, Jan. 7, 2004, unless oth-erwise noted. 255.1 Purpose. (a) The purpose of this part is to set forth requirements for the operation of computer reservations systems used by travel agents
4、and certain related air carrier distribution practices so as to prevent unfair, deceptive, predatory, and anticompetitive practices in air transportation and the sale of air transportation. (b) Nothing in this part operates to exempt any person from the operation of the antitrust laws set forth in s
5、ub-section (a) of the first section of the Clayton Act (15 U.S.C. 12). 255.2 Applicability. This part applies to firms that oper-ate computerized reservations systems for travel agents in the United States, and to the sale in the United States of interstate, overseas, and foreign air transportation
6、through such systems. 255.3 Definitions. Availability means information pro-vided in displays with respect to the seats a carrier holds out as available for sale on a particular flight. Carrier means any air carrier, any foreign air carrier, and any commuter air carrier, as defined in 49 U.S.C. 4010
7、2(3), 49 U.S.C. 40102(22), and 14 CFR 298.2(f), respectively, that is engaged directly in the operation of aircraft in passenger air transportation. Display means the systems presen-tation of carrier schedules, fares, rules or availability to a subscriber by means of a computer terminal. Integrated
8、display means any display that includes the schedules, fares, rules, or availability of all or a signifi-cant proportion of the systems partici-pating carriers. On-time performance code means a sin-gle-character code supplied by a carrier to the system in accordance with the provisions of 14 CFR Par
9、t 234 that re-flects the monthly on-time perform-ance history of a nonstop flight or one- stop or multi-stop single plane oper-ation held out by the carrier in a CRS. Participating carrier means a carrier that has an agreement with a system for display of its schedules, fares, or seat availability,
10、or for the making of reservations or issuance of tickets through a system. Subscriber means a ticket agent, as defined in 49 U.S.C. 40102(40), that holds itself out as a source of information about, or reservations for, the air transportation industry and that uses a system. System means a computeri
11、zed res-ervations system offered to subscribers for use in the United States that con-tains information about schedules, fares, rules or availability of carriers and provides subscribers with the abil-ity to make reservations, if it charges any carrier a fee for system services. It does not mean dir
12、ect connections be-tween a ticket agent and the internal reservations systems of individual car-riers. 255.4 Display of information. (a) All systems shall provide at least one integrated display that includes the schedules, fares, rules, and avail-ability of all participating carriers in accordance
13、with the provisions of this section. This display shall be at least as useful for subscribers, in terms of functions or enhancements offered and the ease with which such functions or VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Avi
14、les on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-204 14 CFR Ch. II (1111 Edition) 255.4 enhancements can be performed or im-plemented, as any other displays main-tained by the system vendor. No sys-tem shall make availabl
15、e to sub-scribers any integrated display unless that display complies with the require-ments of this section. (1) Each system must offer an inte-grated display that uses the same edit-ing and ranking criteria for both on- line and interline connections and does not give on-line connections a system-
16、 imposed preference over interline con-nections. This display shall be at least as useful for subscribers, in terms of functions or enhancements offered and the ease with which such functions or enhancements can be performed or im-plemented, as any other display main-tained by the system vendor. (2)
17、 Each integrated display offered by a system must either use elapsed time as a significant factor in selecting service options from the database or give single-plane flights a preference over connecting services in ranking services in displays. (b) In ordering the information con-tained in an integr
18、ated display, sys-tems shall not use any factors directly or indirectly relating to carrier iden-tity. (1) Systems may order the display of information on the basis of any service criteria that do not reflect carrier identity and that are consistently ap-plied to all carriers and to all markets. (2)
19、 When a flight involves a change of aircraft at a point before the final des-tination, the display shall indicate that passengers on the flight will change from one aircraft to another. (3) Each system shall provide to any person upon request the current cri-teria used in editing and ordering flight
20、s for the integrated displays and the weight given to each criterion and the specifications used by the systems programmers in constructing the algo-rithm. (c) Systems shall not use any factors directly or indirectly relating to car-rier identity in constructing the dis-play of connecting flights in
21、 an inte-grated display. (1) Systems shall select the con-necting points (and double connect points) to be used in the construction of connecting flights for each city pair on the basis of service criteria that do not reflect carrier identity and that are applied consistently to all carriers and to
22、all markets. (2) Systems shall select connecting flights for inclusion (edit) on the basis of service criteria that do not re-flect carrier identity and that are ap-plied consistently to all carriers. (3) Systems shall provide to any per-son upon request current information on: (i) All connecting po
23、ints and double connect points used for each market; (ii) All criteria used to select con-necting points and double connect points; (iii) All criteria used to edit con-necting flights; and (iv) The weight given to each cri-terion in paragraphs (c)(3)(ii) and (iii) of this section. (4) Participating
24、carriers shall be en-titled to request that a system use up to five connect points (and double con-nect points) in constructing connecting flights for the display of service in a market. The system may require par-ticipating carriers to use specified pro-cedures for such requests, but no such proced
25、ures may be unreasonably bur-densome, and any procedures required of participating carriers must be ap-plied without unreasonable discrimina-tion between participating airlines. (5) When a system selects connecting points and double connect points for use in constructing connecting flights it shall
26、use at least fifteen points and six double connect points for each city- pair, except that a system may select fewer such connect or double connect points for a city-pair where: (i) Fewer than fifteen connecting points and six double connect points meet the service criteria described in paragraph (c
27、)(1) of this section; and (ii) The system has used all the points that meet those criteria, along with all additional connecting points and double connect points requested by participating carriers. (6) If a system selects connecting points and double connect points for use in constructing connectin
28、g flights it shall use every point requested by a participating carrier up to the max-imum number of points that the sys-tem can use. The system may use fewer VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD wi
29、th CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-205 Office of the Secretary, DOT 257.2 than all the connect points requested by participating carriers to the extent that: (i) Points requested by participating carriers do not meet the service cr
30、i-teria described in paragraph (c)(1) of this section; and (ii) The system has used all the points that meet those criteria. (d) Each system shall apply the same standards of care and timeliness to loading information concerning every participating carrier. Each system shall display accurately infor
31、mation submitted by participating carriers. Each system shall provide to any per-son upon request all current data base update procedures and data formats. (e) Systems shall use or display infor-mation concerning on-time perform-ance of flights as follows: (1) Within 10 days after receiving the info
32、rmation from participating car-riers or third parties, each system shall include in all integrated schedule and availability displays the on-time per-formance code for each nonstop flight segment and one-stop or multi-stop single plane flight, for which a partici-pating carrier provides a code. (2)
33、A system shall not use on-time flight performance as a ranking factor in ordering information contained in an integrated display. (f) Each participating carrier shall ensure that complete and accurate in-formation is provided each system in a form such that the system is able to display its flights
34、in accordance with this section. (g) A system may make available to subscribers the internal reservations system display of a participating car-rier, provided that a subscriber and its employees may see any such display only by requesting it for a specific transaction. 255.5 Contracts with participa
35、ting carriers. (a) No system may require a carrier to maintain any particular level of par-ticipation or buy any enhancements in its system on the basis of participation levels or enhancements selected by that carrier in any other foreign or do-mestic computerized reservations sys-tem, as a conditio
36、n to participation in the system. (b) No system may require any car-rier as a condition to participation to provide it with fares that the carrier has chosen not to sell through that sys-tem. 255.6 Exceptions. The obligations of a system under 255.4 shall not apply with respect to a carrier that ref
37、uses to enter into and comply with a participating airline contract with that system. 255.7 Prohibition against Carrier Bias. No carrier may induce or attempt to induce a system to create a display that would not comply with the re-quirements of 255.4. 255.8 Sunset Date. Unless extended by a documen
38、t pub-lished in the FEDERAL REGISTER, these rules shall terminate on July 31, 2004. PART 256 RESERVED PART 257DISCLOSURE OF CODE- SHARING ARRANGEMENTS AND LONG-TERM WET LEASES Sec. 257.1 Purpose. 257.2 Applicability. 257.3 Definitions. 257.4 Unfair and deceptive practice. 257.5 Notice requirement. 2
39、57.6 Effective and compliance dates. AUTHORITY: 49 U.S.C. 40113(a) and 41712. SOURCE: 64 FR 12851, Mar. 15, 1999, unless otherwise noted. 257.1 Purpose. The purpose of this part is to ensure that ticket agents doing business in the United States, air carriers, and for-eign air carriers tell consumer
40、s clearly when the air transportation they are buying or considering buying involves a code-sharing arrangement or a long- term wet lease, and that they disclose to consumers the transporting carriers identity. 257.2 Applicability. This part applies to the following: VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00215 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-,-,-
