1、211 Office of the Secretary, DOT 271.2 259.6 Notice and Contract of Car-riage. (a) Each air carrier that is required to adopt a Contingency Plan for Lengthy Tarmac Delays or a Customer Service Plan may include such plans in their Contract of Carriage. (b) Each air carrier that has a Web site shall p
2、ost its Contract of Carriage on its Web site in easily accessible form, including all updates to its Con-tract of Carriage. (c) Each air carrier that is required to adopt a Contingency Plan for Lengthy Tarmac Delays shall, if it has a Web site but does not include such Contingency Plan for Lengthy T
3、armac Delays in its Contract of Carriage, post its Contingency Plan for Lengthy Tarmac Delays on its Web site in easily accessible form, including all updates to its Contingency Plan for Lengthy Tarmac Delays. (d) Each air carrier that is required to adopt a Customer Service Plan shall, if it has a
4、Web site but does not include such Customer Service Plan in its Contract of Carriage, post its Cus-tomer Service Plan on its Web site in easily accessible form, including all up-dates to its Customer Service Plan. 259.7 Response to consumer prob-lems. (a) Designated Advocates for Pas-sengers Interes
5、ts. Each covered carrier shall designate for its scheduled flights an employee who shall be responsible for monitoring the effects of flight delays, flight cancellations, and lengthy tarmac delays on passengers. This employee shall have input into de-cisions on which flights to cancel and which will
6、 be delayed the longest. (b) Informing consumers how to com-plain. Each covered carrier shall make available the mailing address and e- mail or Web address of the designated department in the airline with which to file a complaint about its scheduled service. This information shall be pro-vided on t
7、he carriers Web site (if any), on all e-ticket confirmations and, upon request, at each ticket counter and boarding gate staffed by the carrier. (c) Response to complaints. Each cov-ered carrier shall acknowledge receipt of each complaint regarding its sched-uled service to the complainant within 30
8、 days of receiving it and shall send a substantive response to each complain-ant within 60 days of receiving the complaint. A complaint is a specific written expression of dissatisfaction concerning a difficulty or problem which the person experienced when using or attempting to use an airlines serv
9、ices. PART 271GUIDELINES FOR SUB-SIDIZING AIR CARRIERS PRO-VIDING ESSENTIAL AIR TRANS-PORTATION Sec. 271.1 Purpose. 271.2 Definitions. 271.3 Carrier subsidy need. 271.4 Carrier costs. 271.5 Carrier revenues. 271.6 Profit element. 271.7 Subsidy payout formula. 271.8 Rate period. 271.9 Discrimination
10、prohibited. AUTHORITY: 49 U.S.C. Chapters 401, 417. SOURCE: ER1398, 49 FR 49846, Dec. 24, 1984, unless otherwise noted. 271.1 Purpose. This part establishes the guidelines required by 49 U.S.C. 41736 to be used by the Department in establishing the fair and reasonable amount of com-pensation needed
11、to ensure the con-tinuation of essential air service to an eligible place under 49 U.S.C. 41731 and 41734. These guidelines are intended to cover normal carrier selection cases and rate renewal cases, and not nec-essarily emergency carrier selection cases. 60 FR 43524, Aug. 22, 1995 271.2 Definition
12、s. As used in this part: Eligible place means a place in the United States that (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;
13、and (3) Is not listed in Department of Transportation Orders 89937 and 89 1252 as a place ineligible for com-pensation under Subchapter II of Chap-ter 417 of the Statute. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGB
14、LS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-212 14 CFR Ch. II (1111 Edition) 271.3 Essential air service is that air trans-portation which the Department has found to be essential under Subchapter II of Chapter 417 of the Statut
15、e. 60 FR 43524, Aug. 22, 1995 271.3 Carrier subsidy need. In establishing the subsidy for an air carrier providing essential air service at an eligible place, the Department will consider the following: (a) The reasonable projected costs of a carrier in serving that place; (b) The carriers reasonabl
16、e projected revenues for serving that place; (c) The appropriate size of aircraft for providing essential air service at that place; and (d) A reasonable profit for a carrier serving that place. ER1398, 49 FR 49846, Dec. 24, 1984, as amend-ed at 60 FR 43524, Aug. 22, 1995 271.4 Carrier costs. (a) Th
17、e reasonable costs projected for a carrier providing essential air service at an eligible place will be evaluated: (1) For costs attributable to the car-riers flying operations (direct ex-penses), by comparing the projected costs submitted by the carrier with the following: (i) The carriers historic
18、al direct op-erating costs with the same or similar aircraft types; (ii) The direct operating unit costs of similar carriers using the same or similar equipment; and (iii) Data supplied by the manufac-turer of the carriers aircraft. (2) For other costs, by one or more of the following methods: (i) B
19、y direct assignment where the indirect costs are attributable to the carriers operations at the eligible place; (ii) By comparing the carriers sys-temwide indirect operating expenses to those submitted by the carrier for the eligible place; or (iii) By comparing the indirect oper-ating expenses subm
20、itted by the car-rier with the ratio of indirect to direct costs that have been experienced by the carrier in other markets or to costs that are representative of the industry. (3) By considering the unique cir-cumstances of the carrier or the com-munity being served that justify devi-ations from th
21、e costs that would other-wise be established for that carrier under this paragraph. (4) By determining whether the air-craft to be used by the carrier at the eligible place, and on which its costs are derived, are appropriate for pro-viding essential air service there. The appropriateness of the air
22、craft to be used is based on the following charac-teristics of the eligible place: (i) Traffic levels; (ii) The level of air service that the Department has decided is essential for the eligible place; (iii) Distance to the designated hub; (iv) The altitude at which the carrier must fly to the desig
23、nated hub; and (v) Other operational elements in-volved. (b) When the essential air service would be made part of the carriers lin-ear system, the Department might, in-stead of the factors in paragraph (a) of this section, consider only the incre-mental costs that the carrier will incur in adding th
24、at service to its system. ER1398, 49 FR 49846, Dec. 24, 1984, as amend-ed at 60 FR 43524, 43525, Aug. 22, 1995 271.5 Carrier revenues. (a) The projected passenger revenue for a carrier providing essential air service at an eligible place will be cal-culated by multiplying the following: (1) A reason
25、able projected net fare, which is the standard fare expected to be charged for service between the eli-gible place and the designated hub less any dilution caused by joint fare ar-rangements, discount fares that it of-fers, or prorates of fares for through one-line passengers; and (2) The traffic (i
26、ncluding both local and beyond traffic) projected to flow between the eligible place and the des-ignated hub or hubs, which is based on the carriers own estimates, Depart-ment estimates, and on traffic levels in the market at issue when such data are available. (b) The reasonableness of a carriers p
27、assenger revenue projections will be evaluated by: (1) Comparing the carriers proposed fare with the fare charged in other city-pair markets of similar distances and traffic densities; and VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WRei
28、er-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-213 Office of the Secretary, DOT 271.9 (2) Comparing the carriers proposed pricing structure with historical pric-ing practices in the market at issue, with the prici
29、ng practices of that car-rier in other markets, and with any standard industry pricing guidelines that may be available. (c) An estimate of freight and other transport-related revenue will be in-cluded as a component of projected rev-enues and will be based on recent expe-rience in the market involv
30、ed and on the experience of the carrier involved in other markets. ER1398, 49 FR 49846, Dec. 24, 1984, as amend-ed at 60 FR 43524, Aug. 22, 1995 271.6 Profit element. The reasonable return for a carrier for providing essential air service at an eligible place generally will be set at a flat percenta
31、ge, typically 5 percent of that carriers projected operating costs as established under 271.4, plus any applicable interest expenses on flight equipment. ER1398, 49 FR 49846, Dec. 24, 1984, as amend-ed at 60 FR 43524, 43525, Aug. 22, 1995 271.7 Subsidy payout formula. (a) Subsidy will be paid by the
32、 De-partment to the air carrier monthly, based on the subsidy rate established by the Department for the carrier under this part. Payments will not vary except as provided in this section. (b) While a carriers subsidy rate will not vary even if actual revenues or costs differ from projections, the a
33、c-tual amount of each payment may vary depending on the following factors: (1) Seasonal characteristics of the carriers operations at the eligible place; (2) The actual number of flights com-pleted, aircraft miles flown, available seat-miles flown, or variations in other operational elements upon wh
34、ich the subsidy rate is based; or (3) Adjustments to the carriers sub-sidy required by 271.8(b). (c) Payments will continue for the duration of the rate term established under 271.8 provided that the carrier continues to provide the required serv-ice. ER1398, 49 FR 49846, Dec. 24, 1984, as amend-ed
35、at 60 FR 43524, 43525, Aug. 22, 1995 271.8 Rate period. (a) The subsidy rate generally will be set for a 2-year period, or two consecu-tive 1-year periods. The Department may set the rate for a shorter period in the following situations: (1) A commuter air carrier is replac-ing a larger certificated
36、 carrier at the eligible place; (2) Traffic at the eligible place has substantially decreased; (3) The Department considers the cost or revenue projections of the car-rier for the second year to be unreal-istic; (4) It is likely that there will be changes in the eligible place essential air service
37、level; or (5) The uncertainties of the market or other circumstances warrant a shorter rate period. (b) The subsidy rate established for a carrier under this part will not be changed during the rate period unless an adjustment is required in the public interest. (c) At the end of the rate period, th
38、e carrier will not have a continuing right to receive subsidy for providing essen-tial air service at the eligible place. ER1398, 49 FR 49846, Dec. 24, 1984, as amend-ed at 60 FR 43524, 43525, Aug. 22, 1995 271.9 Discrimination prohibited. (a) All air carriers receiving subsidy under this part shall
39、 comply with the following: (1) The Age Discrimination Act of 1975; (2) The Civil Rights Act of 1964 and 49 CFR part 21; and (3) The Rehabilitation Act of 1973, 49 CFR part 27, and part 382 of this chap-ter. (b) Within 1 year after it first re-ceives a subsidy under this part, the carrier shall eval
40、uate its practices and procedures for accommodating the handicapped in accordance with 382.23 of this chapter. (c) All air carriers seeking a subsidy under this part shall include in their subsidy application the assurances re-quired by 49 CFR parts 20, 21, 27 and 29, and 382.21 of this chapter. ER1
41、398, 49 FR 49846, Dec. 24, 1984, as amend-ed at 60 FR 43525, Aug. 22, 1995 VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00223 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-,-,-
