[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR314.20]

[Page 339]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 314--EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
                      Subpart C--Major Contractions
 
Sec. 314.20  Regular monthly computation.


    (a) The Department will monitor the number of full-time employees of 
each carrier, including employees deprived of employment because of a 
strike, as reported monthly by carriers in accordance with part 241 of 
this chapter.
    (b) The DOT does not require monthly reporting of the number of 
positions that are vacant as a result of terminations for cause and, 
except as set forth in paragraph (c)(3) of this section, will not 
account for those positions in computing major contractions. In the 
cases set forth in paragraphs (c)(1) and (c)(2) of this section, the DOT 
presumes that the number of employment positions vacant as a result of 
terminations for cause is small enough that accounting for them would 
not change the result.
    (c) Each month, with respect to each carrier:
    (1) If the carrier's current reported full-time employment level is 
92 percent or less of any of the carrier's preceding 12 monthly levels, 
DOT will find that the carrier has undergone a major contraction.
    (2) If the current reported level is 93 percent or more of each of 
the carrier's preceding 12 monthly levels, the Department will not find 
that the carrier has undergone a major contraction.
    (3) If neither of the conditions described in paragraphs (c)(1) and 
(c)(2) of this section is present, the Department will ascertain by 
special report from the carrier, and add to the reported employment 
levels, the number of positions that were vacant in each of the relevant 
months as a result of terminations for cause. If the resulting figure 
for the current month is 92.5 percent or less of the resulting figure 
for any of the preceding 12 months, the Department will find that the 
carrier has undergone a major contraction. Otherwise, the Department 
will not make such a finding.