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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Number 35 on Reporting Oversales (replaces Number 32)

Thursday, December 9, 2021

DEPARTMENT OF TRANSPORTATION

BUREAU OF TRANSPORTATION STATISTICS

OFFICE OF AIRLINE INFORMATION

TITLE 14 CODE OF FEDERAL REGULATIONS PART 250

TECHNICAL REPORTING DIRECTIVE #35 - OVERSALES

ISSUE DATE:   December 9, 2021                                                            EFFECTIVE DATE:   Immediately

The Bureau of Transportation Statistics (BTS) is issuing this Technical Reporting Directive to provide instructions to reporting carriers on reporting of passengers denied confirmed space using BTS Form 250.  This Technical Reporting Directive replaces Technical Reporting Directive #32.

I.          Introduction

II.        Applicability

III.       Reporting of Passengers Denied Confirmed Space

IV.       Submission of Reports

V.        Record Retention

I.  Introduction

14 CFR Part 250 of the Department’s aviation regulations, Oversales, requires certain U.S. air carriers to submit data on passengers denied confirmed space due to an oversale situation to the Department.  The air carriers file this data electronically in accordance with 14 CFR 250.10 and this Technical Directive.  The data should be filed using BTS Form 250, “Report of Passengers Denied Confirmed Space Due to an Oversale Situation” or “Form 250” (See Exhibit A).  In addition, the data should be filed electronically and should be submitted in both pdf and csv file format.

II. Applicability

     1. Each reporting air carrier will file Form 250 data if its share of the industry’s total domestic scheduled-service passenger revenues exceeds half of one percent (0.005), based on Form 41 data for the 12 months ended June 30. Each year the Office of Airline Information updates the list of reporting air carriers which would then apply for the purposes of this directive. 

2.  The reportable flight operations for which Form 250 data must be submitted to the Department are (1) all scheduled flight segments originating in the United States operated by the reporting carrier using aircraft that have a designed passenger capacity of 30 or more seats; and (2) all scheduled flight segments originating in the United States marketed under the reporting carrier’s code as the only U.S. carrier’s code, and operated by a codeshare partner of the reporting carrier that is a certificated air carrier or commuter air carrier using aircraft that have a designed passenger capacity of 30 or more seats.

             

3.  A reporting carrier that markets reportable codeshare flights operated by another carrier must file two separate forms with the required data: (i) one Form 250 containing the data required in paragraph II.2 of this Technical Reporting Directive for the reportable flights it operates, and (ii) one Form 250 containing the data required in paragraph II.2 of this Technical Reporting Directive for the reportable flights it markets, but that are operated by its partner carrier(s).

4.  In addition to the required data for each reportable flight, any non-reporting carrier that voluntarily submits Form 250 data pursuant to 14 CFR 234.7 may do so, provided that the Director, Office of Airline Information (OAI) is advised beforehand. Such voluntary data must be submitted for a period of not less than 12 consecutive months. The voluntary submission must meet the exact reporting specifications set forth in this directive. Volunteering carriers that wish to discontinue reporting after one year must advise the Director, OAI, a minimum of 30 days before discontinuance, so that the necessary changes can be made to the Department's data programs.

III.  Reporting of Passengers Denied Confirmed Space Due to an Oversale Situation

Carriers should submit the required Form 250, a certification statement as described below, and the data in electronic format. 

Passengers Denied Confirmed Space Due to an Oversale Situation Report Certification Statement:

A certification statement should be submitted for each Form 250 identifying an appropriate official of the reporting carrier. Reporting carriers that marketed domestic scheduled codeshare flights must file a separate Form 250 for codeshare flights originating in the United States and marketed under the reporting carrier’s code as the only U.S. carrier’s code as described in paragraph II.2 above. 

The certification statement should read:

I, (Name) and (Title), of the above-named carrier, certify that the Passengers Denied Confirmed Space Due to an Oversale Situation Report data provided in csv file, is to the best of my knowledge and belief, true, correct and a complete report for the period stated.

Month and Year of Data:

Date:

Name (Please Print or Type):

Signature:

Once signed, the Passenger Denied Confirmed Space Due to an Oversale Situation Report Certification Statement should be published as an electronic “portable document format” (.pdf) file, for uploading to the eSubmit application.  

 

The portable document format file should be indicated when naming the file, by using the letters [PDF] or [pdf] following the file name, as the file name extension. You must have Adobe Reader software downloaded on your computer in order to “save as/print” your document as a ‘pdf’ file.

Suggested file name format for the certification statement: XX202103-Form250-Cert.pdf

While the file name is flexible and may be determined by the individual air carrier, the .pdf file format is required for submission using the Department’s e-filing system. 

Form 250 and Data Files; Definition of Cash Equivalent

When reporting compensation data on Form 250 and in electronic data files, carriers should include cash (including cash equivalent compensation) in the total amount reported.  On Line 7, carriers are to report the amount of compensation, in the form of “cash or cash equivalent,” paid to passengers who voluntarily accepted a carrier’s offer to give up reserved space on an oversold flight.  For the purposes of reporting cash equivalent compensation, the Department considers issuing checks or electronically transferring the money to consumers through banking systems or other systems such as Paypal, Zelle, Venmo, to be cash equivalent.  Further, the Department considers digital or physical prepaid cards that allow consumers to promptly access the funds as they would cash to be cash equivalent.   

 

The Department does not consider vouchers for future travel or other airline products or services or gift cards for specific stores to be cash equivalent, so the value of such compensation should not be included in the amount reported on Line 7.

Data Files

In addition to .pdf files with the certification and Form 250, carriers also must provide matching data in an electronic, machine readable format for submission using the Department’s e-filing system.  The file must be created as an electronic “comma separated value” file for uploading via the “eSubmit” application.

 

The suggested file name for reports of marketing carrier operated flights is:

Suggested file name format: XX202103-Form250.csv

Required Sample Format:

AA,2021,03,1177,1358,0,0,746,3281,2636,28566,25450773,0

In addition, the file name for reports of codeshare flights filed by a marketing carrier should contain the word “codeshare” to indicate the nature of the file.

Suggested file name format: XX202109-Form250-Codeshare.csv

Required Sample Format:

AA,2021,03,1177,1358,0,0,746,3281,2636,28566,25450773,0

RECORD DESCRIPTION: Form 250 Data - Report of Passengers Denied Confirmed Space Due to an Oversale Situation

Field Description

Data Type

Length

Comments

Sample Data

OAG Carrier Code

Character

2

Two Letter (OAG) Carrier Code -

When completing the Passengers Denied Confirmed Space Report for covered codeshare flights, use the reporting (marketing) carrier’s code.

AA

Quarter Ending Year

Character

4

Year (ccyy)

2021

Quarter Ending Month

Character

2

Month (mm = 03, 06, 09, 12)

03

1. Number of passengers who were denied boarding involuntarily from flights that were oversold, and: (a) who qualified for denied boarding compensation within the meaning of § 250.5(a)(2) and 250.5(b)(2)

Numeric

Varies

See Form 250 Instructions line (B)

1177

  1.  Number of passengers who were denied boarding involuntarily from flights that were oversold, and: (b) who qualified for denied boarding compensation within the meaning of § 250.5(a)(3) and 250.5(b)(3).

Numeric

Varies

 See Form 250 Instructions line (B)

1358

  1.  Number of passengers denied boarding involuntarily from flights that were oversold, who did  not qualify for denied boarding compensation due to: (a) the passenger does not comply fully with the carrier's contract of carriage or tariff provisions regarding ticketing, reconfirmation, check-in, and acceptability for transportation  (see § 250.6(a))

Numeric

Varies

See Form 250 Instructions line (C)

0

2.Number of passengers denied boarding involuntarily from flights that were oversold due to (b) substitution of aircraft of lesser capacity or due to weight/balance restrictions on an aircraft with a designed passenger capacity of 60 or fewer seats

Numeric

Varies

See 14 CFR § 250.6(b))

0

2. Number of passengers denied boarding involuntarily from flights that were oversold due to: (c) The carrier arranges comparable air transportation  or other transportation that is  planned to arrive not later than 1 hour after the planned  arrival time of the passenger's  original flight or flights

Numeric

Varies

See 14 CFR § 250.6(d)

746

3.TOTAL NUMBER DENIED BOARDING INVOLUNTARILY

Numeric

Varies

 See Form 250 Instructions line (D)

3281

4.Number of passengers denied boarding involuntarily from an oversold flight who actually received compensation, regardless of the type of compensation (e.g., voucher, cash).

Numeric

Varies

See Form 250 Instructions line (E)

2535

5.Number of passengers who voluntarily accepted a carrier’s offer to give up reserved space due to a potential oversale situation and did not travel on their original flight in exchange for a payment of the carrier’s choosing.

Numeric

Varies

See Form 250 Instructions line (F)

28566

6.Total Boardings.

Numeric

Varies

See Form 250 Instructions line (G)

25450773

7.Amount of compensation paid to passengers who voluntarily accepted a carrier’s offer to give up reserved space on an oversold flight that received cash or cash equivalent payment.

Numeric

Varies

See Form 250 Instructions line (H) and the information contained in this technical directive regarding “cash equivalent” compensation.

0

IV. Submission of Reports

  1. Reports should be submitted via the Department’s eSubmit portal.  As stated in Accounting and Reporting Directive No. 307 entitled, Submitting Airline Data via the Internet, recurrent reports must be submitted via the Department’s secured web portal. 

For assistance, carriers should e-mail Form250.support@dot.gov .

2.  Due Dates. The due date for submission of Form 250 data is 30 days after the end of the applicable quarter. For example, data for the first quarter (January, February, March) is due by April 30.  If the 30th day falls on a weekend or Federal holiday, the due date will be the next business day.

3.  Enforcement.  Late filing, inaccurate submissions, or noncompliance with reporting requirements may subject an air carrier to enforcement action, including the assessment of civil penalties pursuant to 49 U.S.C. § 46301 for each violation (and for each day such violation continues).

4.  Missing or Incomplete Records. Any carrier subject to this directive, which does not file the required data for any period, or files incomplete data, should submit a sworn statement that the carrier was unable to provide the data because it did not have and could not obtain the necessary records. That statement, as well as the veracity of the information and the data submitted, will be subject to 18 U.S.C. § 1001, regarding criminal penalties for false statements made to a government agency. The statement should be filed with the Director, Office of Airline Information, at the address below, three days prior to the due date.

5.  Special Circumstances. Requests for waivers, exceptions, extensions, or other considerations must be submitted in writing to the Director, Office of Airline Information, at the address below.

V. Records Retention

Form 250 is a statistical report. The record retention requirements for statistical reports are governed by 14 CFR Part 249, “Preservation of Air Carrier Records” of the Department’s Regulations. Specifically, section 249.20, line 6, requires the information supporting a statistical report to be maintained by the carrier for three years.

Questions regarding this technical directive should be addressed to:

Cecelia Robinson

(202) 366-4405

Form250.support@dot.gov

This document on its own does not have the force and effect of law and is not meant to bind the public in any way.  This document is intended only to provide clarity to the public regarding existing requirements under 14 CFR Part 250. 

William Chadwick, Jr.

Director, Office of Airline Information

Bureau of Transportation Statistics RTS-42

U.S. Department of Transportation

1200 New Jersey Avenue SE

Washington, DC  20590

Exhibit A

Table

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