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§ 232.5 14 CFR Ch.

II (1–1–00 Edition)

General within the meaning of section § 232.5 Filing and service of applica-
41902 of the Statute may, within not tions, answers, and replies.
more than four calendar days after the (a) An application, answer or reply
issuance of such order, apply to the De- filed hereunder shall be deemed to have
partment for a postponement of the ef- been filed on the date on which it is ac-
fective date of that order pending re- tually received by the Department at
view: Provided, That if the final day of its offices in Washington, D.C.
the four day period is a Saturday, Sun- (b) At the time a written or tele-
day, or holiday for the Department, the graphic application, answer, or reply is
application may be filed with the De- filed under this part, a copy thereof
partment no later than the end of the shall be served by personal service, reg-
next day which is neither a Saturday, istered mail, or telegraph upon the
Sunday, or holiday. Postmaster General and upon the air
(b) An application for postponement carrier operating or ordered to operate
the mail service in question. Except in
of the effective date filed under this
the case of telegraphic delivery each
part may be made in writing or by tele-
copy so served shall be accompanied by
gram, and shall be conspicuously enti- a letter of transmittal stating that
tled Application for Postponement of such service is being made pursuant to
the Effective Date of Order of the Post- this section. In the case of telegraphic
master General Pending Review Under delivery the copy shall be accompanied
section 41902 of the Statute. Such ap- by a telegraphic statement that service
plication for postponement shall speci- is being made pursuant to this section.
fy: (c) The execution, number of copies,
(1) The schedule affected and identity and verification of a written applica-
of the order complained of; tion, answer, or reply filed under this
(2) The manner in which the appli- part, and the formal specifications of
cant is or would be aggrieved by the papers included in such application, an-
order; swer, or reply shall be in accordance
(3) The relief which will be sought; with the requirements of the Rules of
(4) That the applicant intends to file Practice relating to applications gen-
a timely application for review of the erally (see part 302 of this chapter).
order under § 232.1; and [41 FR 49479, Nov. 9, 1976, as amended by
(5) A summary of the justification Docket No. 47939, 57 FR 40102, Sept. 2, 1992]
and facts relied upon to establish that
the stay should be granted. PART 234—AIRLINE SERVICE
(c) Any interested person may, with- QUALITY PERFORMANCE REPORTS
in not more than four calendar days
after the service of an application for Sec.
postponement of the effective date, 234.1 Purpose.
234.2 Definitions.
serve and file with the Department an 234.3 Applicability.
answer in opposition to, or in support 234.4 Reporting of on-time performance.
of, the application: Provided, That if 234.5 Form of reports.
the final day of the four day period is 234.6 Baggage-handling statistics.
a Saturday, Sunday, or holiday for the 234.7 Voluntary reporting.
234.8 Calculation of on-time performance
Department, the application may be codes.
filed with the Department no later 234.9 Reporting of on-time performance
than the end of the next day which is codes.
neither a Saturday, Sunday, or holi- 234.10 Voluntary disclosure of on-time per-
day: Provided further, however, That the formance codes.
234.11 Disclosure to consumers.
Department need not consider any an- 234.12 Waivers.
swer filed later than eight calendar
AUTHORITY: 49 U.S.C. 329 and chapters 401,
days after issuance of the Postmaster
417.
General’s order.
SOURCE: Amdt. No. 234–1, 52 FR 34071, Sept.
[41 FR 49479, Nov. 9, 1976, as amended by 9, 1987, unless otherwise noted.
Docket No. 47939, 57 FR 40102, Sept. 2, 1992; 60 NOTE: The reporting requirements con-
FR 43524, Aug. 22, 1995] tained in this part have been approved by the

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Office of the Secretary, DOT § 234.2
Office of Management and Budget under con- Late or late flight means a flight that
trol number 2138–0041. arrives at the gate 15 minutes or more
after its published arrival time.
§ 234.1 Purpose.
Mishandled-baggage report means a re-
The purpose of this part is to set port filed with a carrier by or on behalf
forth required data that certain air of a passenger that claims loss, delay,
carriers must submit to the Depart- damage or pilferage of baggage.
ment and to computer reservations
New flight means a flight added to a
system vendors in computerized form,
carrier’s schedule to operate in a spe-
except as otherwise provided, so that
information on air carriers’ quality of cific origin-destination city pair and
service can be made available to con- not scheduled to depart within 30 min-
sumers of air transportation. This part utes of any discontinued flight that
also requires that service quality data was contained in the carrier’s pub-
be disclosed directly to consumers. lished schedules for the same city pair
during the previous month.
§ 234.2 Definitions. On-time means a flight that arrives
For the purpose of this part: less than 15 mintues after its published
Cancelled flight means a flight oper- arrival time.
ation that was not operated, but was On-time performance means the per-
listed in a carrier’s computer reserva- centage of scheduled operations of a
tion system within seven calendar days specific flight that an air carrier oper-
of the scheduled departure. ates on-time during a month.
Discontinued flight means a flight On-time performance code means a sin-
dropped from a carrier’s computer res- gle character determined in accordance
ervation system more than seven cal- with the provisions of this part that re-
endar days before its scheduled depar- flects the monthly on-time perform-
ture. ance of certain nonstop flights and sin-
Diverted flight means a flight which is gle plane one-stop or multi-stop
operated from the scheduled origin
flights, the schedule and availability of
point to a point other than the sched-
which are listed in a computer reserva-
uled destination point in the carrier’s
published schedule. For example, a car- tion system (CRS) regulated by 14 CFR
rier has a published schedule for a part 255.
flight from A to B to C. If the carrier Reportable flight means any nonstop
were to actually fly an A to C oper- flight, including a mechanically de-
ation, the A to B segment is a diverted layed flight, to or from any airport
flight, and the B to C segment is a can- within the contiguous 48 states that
celled flight. accounts for at least 1 percent of do-
Extra-section flight means a flight mestic scheduled-passenger
conducted as an integral part of sched- enplanements in the previous calendar
uled passenger service, that has not year, as reported to the Department
been provided for in published sched- pursuant to part 241 of this title. Quali-
ules and is required for transportation fying airports will be specified periodi-
of traffic that cannot be accommo- cally in accounting and reporting di-
dated on the regularly scheduled flight. rectives issued by the Office of Airline
Flight means any nonstop scheduled Information.
passenger flight segment with a spe- Reporting carrier means an air carrier
cific flight number scheduled to be op- certificated under 49 U.S.C. 41102 that
erated pursuant to a published sched- accounted for at least 1 percent of do-
ule within a specific origin-destination mestic scheduled-passenger revenues in
city pair, other than transborder or
the 12 months ending March 31 of each
foreign air transportation. In the case
year, as reported to the Department
of reporting to computer reservations
system vendors, flight also means one- pursuant to part 241 of this title. Re-
stop or multi-stop single plane sched- porting carriers will be identified peri-
uled operations that include any flight odically in accounting and reporting
segments for which performance is re- directives issued by the Office of Air-
ported pursuant to this part. line Information.

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§ 234.3 14 CFR Ch. II (1–1–00 Edition)

Wet-leased flight means a flight oper- (11) Scheduled elapsed time, accord-
ated with a leased aircraft and crew. ing to CRS schedule.
(12) Actual elapsed time.
[Amdt. 234–1, 52 FR 34071, Sept. 9, 1987, as
amended by Docket No. 48524, 59 FR 49797,
(13) Amount of departure delay, if
Sept. 30, 1994; 60 FR 66722, Dec. 26, 1995] any.
(14) Amount of arrival delay, if any.
§ 234.3 Applicability. (15) Amount of elapsed time dif-
ference, if any.
This part applies to certain domestic (b) When reporting the information
scheduled passenger flights that are specified in paragraph (a) of this sec-
held out to the public by certificated tion for a diverted flight, a reporting
air carriers that account for at least 1 carrier shall use the original scheduled
percent of domestic scheduled pas- flight number and the original sched-
senger revenues. Certain provisions uled origin and destination airport
also apply to voluntary reporting to codes.
on-time performance by carriers. (c) A reporting carrier shall report
the information specified in paragraph
§ 234.4 Reporting of on-time perform-
ance. (a) of this section for a new flight be-
ginning with the first day of the new
(a) Each reporting carrier shall file scheduled operation.
BTS Form 234 ‘‘On-Time Flight Per- (d) A reporting carrier shall not re-
formance Report’’ with the Office of port the information specified in para-
Airline Information on a monthly graph (a) of this section for any discon-
basis, setting forth the information for tinued or extra-section flight.
each of its reportable flights held out (e) Actual arrival, departure and
in the Official Airline Guide (OAG), in elapsed times shall be measured by the
the computer reservations systems times at which the aircraft arrived at
(CRS), or in other schedule publica- and departed from the gate or pas-
tions. The reportable flights include, senger loading area.
but are not limited to, cancelled (f) The published arrival time and de-
flights, mechanically cancelled flights, parture time of a flight shall be, re-
diverted flights, new flights and wet- spectively, the scheduled arrival and
leased flights. The report shall be made departure times in effect on the date of
in the form and manner set forth in ac- the scheduled operation of the flight,
counting and reporting directives as shown in the most recent Official
issued by the Director, Office of Airline Airline Guide, and in computer reserva-
Statistics, and shall contain the fol- tions systems. Each carrier shall des-
lowing information: ignate a single computer reservations
(1) Carrier and flight number. system in addition to the Official Air-
(2) Aircraft tail number. line Guide as the sources of scheduled
(3) Origin and Destination airport arrival time and departure time data in
codes. its reports to the Department and shall
(4) Published OAG departure and ar- report the scheduled arrival times and
rival times for each scheduled oper- departure times listed in those sources
ation of the flight. for each flight. Scheduled elapsed
(5) CRS scheduled arrival and depar- times, amount of departure and/or ar-
ture time for each scheduled operation rival delay, and elapsed time difference
of the flight. shall be calculated using the scheduled
(6) Actual departure and arrival time times shown in the designated CRS
for each operation of the flight. source.
(7) Difference in minutes between [Amdt. 234–1, 52 FR 34071, Sept. 9, 1987, as
OAG and CRS scheduled arrival times. amended by Docket No. 48524, 59 FR 49797,
(8) Difference in minutes between Sept. 30, 1994; 60 FR 66722, Dec. 26, 1995]
OAG and CRS scheduled departure
times. § 234.5 Form of reports.
(9) Actual wheels-off and wheels-on Except where otherwise noted, all re-
times for each operation of the flight. ports required by this part shall be
(10) Date and day of week of sched- filed within 15 days of the end of the
uled flight operation. month for which data are reported. The

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Office of the Secretary, DOT §234.8

reports must be submitted to the Office §234.8 Calculation of on-time perform-
of Airline Information on ADP com- ance codes.
puter tape in the format specified in (a) Each reporting carrier shall cal-
accounting and reporting directives culate an on-time performance code in
issued by the Director of that office. accordance with this section and as
[Docket No. 48524, 59 FR 49798, Sept. 30, 1994, provided in more detail in accounting
as amended at 60 FR 66722, Dec. 26, 1995] and reporting directives issued by the
Director, Office of Airline Information.
§ 234.6 Baggage-handling statistics. The calculations shall be performed for
each reportable flight, except those
Each reporting carrier shall report scheduled to operate three times or
monthly to the Department on a do- less during a month. In addition, each
mestic system basis, excluding charter reporting carrier shall assign an on-
flights, the total number of passengers time performance code to each of its
enplaned systemwide, and the total single plane one-stop or multi-stop
number of mishandled-baggage reports flights, or portion thereof, that the
filed with the carrier. The information carrier holds out to the public through
shall be submitted to the Department a CRS, the last segment of which is a
within 15 days of the end of the month reportable flight.
to which the information applies and (b) The on-time performance code
must be submitted with the trans- shall be calculated as follows:
mittal letter accompanying the data (1) Based on reportable flight data
for on-time performance in the form provided to the Department, calculate
and manner set forth in accounting and the percentage of on-time arrivals of
reporting directives issued by the Di- each nonstop flight. Calculations shall
rector, Office of Airline Information. not include discontinued or extra-sec-
tion flights for which data are not re-
[Docket No. 48524, 59 FR 49798, Sept. 30, 1994, ported to the Department.
as amended at 60 FR 66722, Dec. 26, 1995] (2) Based upon the on-time perform-
ance percentage calculated in para-
§234.7 Voluntary reporting.
graph (b)(1) of this section, assign a
(a) In addition to the data for each single digit code to each flight that re-
reportable flight required to be re- flects the percentile of on-time per-
ported by this part, a reporting carrier formance achieved by the flight, as set
may report to DOT for every other forth in the following table:
nonstop domestic flight that it sched-
ules, the reportable flight data speci- ON TIME PERFORMANCE
fied in this part. Code: Percentage
(b) Any air carrier that is not a re-
9 ...................................................... 90–100
porting carrier may file the data speci- 8 ...................................................... 80–89.9
fied in this part for every reportable 7 ...................................................... 70–79.9
flight that it schedules, or for every 6 ...................................................... 60–69.9
5 ...................................................... 50–59.9
nonstop domestic flight that it sched- 4 ...................................................... 40–49.9
ules. 3 ...................................................... 30–39.9
(c) Voluntary reports containing in- 2 ...................................................... 20–29.9
1 ...................................................... 10–19.9
formation not required to be filed (1) 0 ...................................................... 0–9.9
must be submitted in the same form
and manner, and at the same time, as (3) For a one-stop or multi-stop
reports containing data required to be flight, or portion thereof, listed in a
filed, and (2) must be accompanied by a CRS, the performance code for the non-
written statement describing in detail stop flight segment arriving at the des-
the information that is being volun- tination listed in the CRS shall be
tarily submitted. A carrier that files a used.
voluntary report must continue to do (4) In the case of a new flight, car-
so for a period of not less than 12 con- riers shall assign a performance code
secutive months. consisting of the letter ‘‘N.’’ A flight

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§ 234.9 14 CFR Ch. II (1–1–00 Edition)

that is not a new flight shall be as- (1) For each of the carrier’s report-
signed the performance code calculated able flights and each of its single plane
for the flight that it replaces, even if one-stop or multi-stop flights, or por-
the two flights do not have the same tions thereof, that it holds out to the
flight number. In the case of a flight public through a CRS, the last segment
scheduled to operate three times or of which is a reportable flight or
less during a month, carriers shall as- (2) For each of the carrier’s domestic
sign a performance code consisting of flights.
the letter ‘‘U.’’
§ 234.11 Disclosure to consumers.
(c) Carriers shall calculate on-time
performance percentages and assign During the course of reservations or
on-time performance codes on a ticketing discussions or transactions,
monthly basis. This process shall be or inquiries about flights, between a
completed no later than the 15th day of carrier’s employees and the public, the
each month, when the reports required carrier shall disclose upon reasonable
by this part are due to the Department, request the on-time performance code
and the codes shall reflect the previous for any flight that has been assigned a
month’s operations. code pursuant to this part.

[Amdt. No. 234–1, 52 FR 34071, Sept. 9, 1987, as § 234.12 Waivers.
amended by Amdt. No. 234–3, 52 FR 48397, Any carrier may request a waiver
Dec. 22, 1987; 53 FR 27677, July 22, 1988; Dock- from the reporting requirements of this
et No. 48524, 59 FR 49798, Sept. 30, 1994; 60 FR
part. Such a request, at the discretion
66722, Dec. 26, 1995]
of the Director, Bureau of Transpor-
§ 234.9 Reporting of on-time perform- tation Statistics may be granted for
ance codes. good cause shown. The requesting
party shall state the basis for such a
No later than the 15th day of each waiver.
month, each reporting carrier shall de-
liver, or arrange to have delivered, to [Docket No. 48524, 59 FR 49798, Sept. 30, 1994,
as amended at 60 FR 66722, Dec. 26, 1995]
each system vendor, as defined in 14
CFR part 255, the on-time performance
codes required to be determined above. PART 240—INSPECTION OF
Carriers may report the codes by insur- ACCOUNTS AND PROPERTY
ing that they are included in basic
schedule tapes provided to CRS vendors Sec.
or by providing a separate tape that 240.1 Interpretation.
240.2 Obligation of air carriers, foreign air
will permit the CRS vendors to match carriers, and ticket agents.
the performance codes with basic
schedule tapes. § 240.1 Interpretation.
(a) In the exercise of the authority
§ 234.10 Voluntary disclosure of on-
time performance codes. granted by section 407(e) of the Act,
the authority of any special agent or
(a) Any air carrier may determine, in auditor to inspect and examine lands,
accordance with the provisions of buildings, equipment, accounts, rec-
§ 234.8 of this part, the on-time per- ords, memorandums, papers or cor-
formance codes for the flights for respondence shall include the author-
which it voluntarily provides flight in- ity to make such notes and copies
formation to the Department pursuant thereof as he deems appropriate.
to § 234.7 of this part. (b) The term ‘‘special agent’’ and
(b) A carrier may supply these addi- ‘‘auditor’’ are construed to mean any
tional on-time performance codes to employee of the Bureau of Enforce-
system vendors at the same time and ment and any other employee of the
in the same manner as the required dis- Board specifically designated by it or
closures are made to system vendors, by the Director, Office of Facilities and
provided that voluntary disclosures Operations.
must continue for a period of not less (c) The issuance in the form set forth
than 12 consecutive months, and must below of an identification card and cre-
be supplied either dentials to any such employee shall be

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