What is the basis on which air carriers will be compensated under the set-aside?
(a) Except as provided in paragraph (c) of this section, as an air carrier eligible for compensation through the set-aside, you will be compensated for an amount calculated as provided in paragraph (b) of this section.
(b) (1) As a Class I carrier, your compensation will be calculated using a fixed ASM rate equivalent to the mean losses per ASM for all Class I carriers applying for compensation.
(2) As a Class II carrier, your compensation will be calculated using a graduated ASM rate equivalent to—
(i) The mean loss per ASM for all Class I carriers applying for compensation, for each of the first 75,000 ASMs reported; and
(ii) The mean remaining loss per ASM for all Class II carriers applying for compensation for each ASM in excess of 75,000.
(3) For purposes of this paragraph (b), ASMs are those verified by the Department for August 2001.
(4) Any compensation payments previously made to air carriers eligible for the set-aside will be deducted from the amount calculated as the carrier's total compensation under the set-aside formula.
(c) If you are an air carrier whose compensation is calculated using an ASM rate as provided in paragraph (b) of this section, your compensation will not be less than an amount equivalent to 25 percent of the direct and incremental transportation-related losses you have demonstrated to the satisfaction of the Department were incurred as a direct result of the terrorist attacks of September 11, 2001. Your compensation will not be more than an amount equivalent to the mean percentage of compensation for losses received by passenger and combination air carriers that are not eligible for the set-aside funds, unless you would have been compensated for more than that percentage of losses under the formula set forth in section 103(b)(2) of the Act, in which case you will be compensated under that formula.
[Doc. No. DOT-OST-2001-10885, 67 FR 54066, Aug. 20, 2002, as amended at 68 FR 44458, July 29, 2003]