[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: 49CFR91.9]

[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.  91.9  Distribution of compensatory funds.

    (a) On or after January 1 and July 1 of each year, each U.S. flag 
air carrier which has been subjected to excessive or otherwise 
discriminatory charges for which compensatory charges have been 
collected shall, upon compliance with paragraph (c) of this section, be 
entitled to pro rata reimbursement for excessive or otherwise 
discriminatory charges incurred to date, not to exceed the amount of 
such charges actually paid by that carrier.
    (b) The Secretary will publish in the Federal Register, at least 30 
days before a U.S. flag air carrier becomes entitled to reimbursement, a 
notice setting forth the procedures to be followed in making claims for 
reimbursement. This notice will specify the form in which application 
shall be made and the specific items of proof, if any, to be submitted.
    (c) On or after January 1 and July 1 of each year, each U.S. flag 
carrier claiming a right to reimbursement shall apply for such 
reimbursement in accordance with the Federal Register notice referred to 
in paragraph (b) of this section.
    (d) The Assistant Secretary shall, on the basis of the application 
and such other data as may be available, compute the amount to which 
such carrier is entitled.
    (e) Subject to the provisions of Sec.  91.13(b), upon approving the 
computation made by the Assistant Secretary, the Secretary shall issue 
such certificate as will entitle each such carrier to payment from the 
account maintained by the Secretary of the Treasury for this purpose.