[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR91.11]

[Page 722]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 91_INTERNATIONAL AIR TRANSPORTATION FAIR COMPETITIVE PRACTICES--Table of Contents
 
Sec.  91.11  Standards.

    (a) To minimize the burden of implementing this part on the United 
States, on U.S. flag air carriers and on foreign air carriers, estimates 
and periodic adjustments will be used to determine the amount of 
discrimination and compensatory charges therefor.
    (b) For the purpose of determining the amount of excessive or 
otherwise discriminatory charges imposed upon U.S. flag air carriers by 
an entity:
    (1) A service or use of airport or airway property includes, but is 
not limited to, fueling, food service, ticketing, baggage handling, 
runways, ramps, parking areas, navigational aids, communications 
facilities or any other service necessary and incidental to the conduct 
of a flight.
    (2) An excessive or otherwise discriminatory charge includes, but is 
not limited to, a charge substantially above the cost of providing a 
service or any charge for a service that is substantially inferior to 
that which the U.S. flag air carrier could have provided for itself, at 
the same cost, by contract or otherwise (see also Sec.  91.3).
    (c) In determining the amount of compensatory charge:
    (1) The total amount of excessive or otherwise discriminatory 
charges levied against U.S. flag air carriers will be estimated in 
dollars.
    (2) The total volume of operations to the United States by air 
carriers of the nation concerned will be estimated for the succeeding 
six-month period.
    (3) The total amount of excessive or otherwise discriminatory 
charges in paragraph (c)(1) of this section will be divided by the total 
volume of operations in paragraph (c)(2) of this section, and
    (4) The quotient thus computed (which may be adjusted to reflect the 
type of aircraft) will constitute the compensatory charge to be 
collected as a condition to acceptance of the general declaration at the 
time of landing or takeoff of such air carriers of the nation concerned.