40654 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Act of 1958, as amended, requires every exemption from the tariff-filing U.S. and foreign air carrier to file with requirement set forth in part 221. Under Office of the Secretary the Department, and to keep open for the rule in new part 293, the Assistant public inspection, tariffs showing all Secretary will issue a notice specifying 14 CFR Parts 221, 250, and 293 prices for ‘‘foreign air transportation’’ the terms of the exemptions for markets [Docket No. OST±97±2050] between points served by that carrier, as in Category A (no fare filing), Category well as all the rules relating to that B (normal economy fare filing only) or RIN 2105±AC61 transportation to the extent required by Category C (filing all fares), taking into Exemptions From Passenger Tariff- the Department. This requirement account specific factors present in each Filing Requirements in Certain includes passenger fares, related charges market. After this first determination, Instances and governing rules. 14 CFR part 221 the Assistant Secretary, acting on his establishes the detailed tariff-filing rules own initiative or in response to AGENCY: Office of the Secretary, DOT. and authority for approvals, rejections petitions, may issue further notices ACTION: Final rule. and waivers. Once allowed to become transferring countries between effective by the Department, these tariffs categories. For example, the entry into SUMMARY: Pursuant to the notice become legally binding terms in the force of an ‘‘open skies’’ air transport procedures in new part 293, the contract of carriage for international air agreement would warrent moving a Department is exempting U.S. and transportation. country into Category A where no fares foreign air carriers from the statutory In his Regulatory Reinvention will be filed. On the other hand, foreign and regulatory duty to file international Initiative Memorandum of March 4, government actions denying U.S. carrier passenger tariffs with DOT in certain 1995, President Clinton directed Federal pricing initiatives, could justify the re- instances, subject to the reimposition of agencies to conduct a page-by-page institution of full tariff filing the duty in specific cases when review of all of their regulations and to reguirements in Category C.1 consistent with the public interest. In ‘‘eliminate or revise those that are In addition, the Department has addition, the Department is reissuing a outdated or otherwise in need of identified a substantial number of new version of part 221 that eliminates reform.’’ In response to that directive, provisions in part 221 that are most of the traditional paper format and the Department has undertaken a review redundant, contain obsolete references, filing procedures set forth in the present of its aviation economic regulations or are out-dated given present regulatory version of 14 CFR part 221. contained in 14 CFR Chapter II to practices and needs. Accordingly, the Following the notice specified in new determine whether changes should be Department is issuing a general revision part 293, certain currently effective made to promote economic growth, of part 221 to eliminate redundancies, price tariffs are canceled as a matter of create jobs, or eliminate unnecessary excess verbiage and obsolete provisions; law, pending tariff applications covered costs or other burdens on the economy. to make necessary technical changes; by the exemption are dismissed, and Among the regulations reviewed are and to reorganize the subparts in a more new tariffs will generally not be those governing the filing of tariffs by logical order. airlines for their foreign air accepted for filing. In response to Comments comments, currently effective rules transportation, set forth in 14 CFR part related to general ‘‘conditions of 221. We received comments on our carriage’’ of each passenger, set forth in In two recently completed rulemaking proposal from Air Pacific Limited (Air general governing rules tariffs, may proceedings, the Department Pacific); the Airline Tariff Publishing continue in legal effect for 180 days determined that the amount of tariff Company (ATPCO); the Air Transport from the date of effectiveness of the material filed by carriers exceeded our Association of America (ATA); British final rule, although carriers may elect to regulatory requirements in certain Airways PLC (BA); Federal Express cancel them earlier and may also respects; that alternative methods Corporation (FedEx); the International deviate from such rules through express existed for protecting consumers and Air Transport Association (IATA); agreement. This action is taken on the other elements of the public interest Korean Air Lines Co., Ltd. (KAL); Department’s initiative in order to which are more effective than filed Pakistan International Airlines streamline government operations and tariffs; and that procedures should be Corporation (PIA); Qantas Airways eliminate unjustified regulatory developed to foster the electronic filing Limited (Qantas); and United Air Lines, burdens. and the review of those tariffs which Inc. (UAL). Finally, on September 30, should continue to be filed. On 1997, ATA filed a motion for leave to DATES: This regulation is effective on November 30, 1995, the Department file supplemental comments.2 September 10, 1999. However, the published a final rule exempting The carriers did not comment upon cancellation of certain general tariff carriers from their regulatory duty to file the proposed revisions to part 221 itself, rules will take place 180 days later as tariffs for the foreign air transportation except where expressing general provided in § 293.10 of new part 293. of cargo. On April 24, 1996, the approval. However, ATA expressed FOR FURTHER INFORMATION CONTACT: Mr. Department published a final rule concern with our tentative decision to John H. Kiser or Mr. Keith A. Shangraw, establishing procedures for the leave intact the existing Warsaw Office of the Secretary, Office of electronic filing of passenger rules Convention notice requirements in part International Aviation, X–43, tariffs. 221 until future needs in this area Department of Transportation, 400 In this, the third rulemaking become clearer. While initially Seventh Street SW., Washington, DC proceeding involving the tariff system, requesting only that the Department be 20590. Telephone: (202) 366–2435. undertaken as part of the President’s SUPPLEMENTARY INFORMATION: directive, the Department has 1 However, adverse foreign government actions in determined that the filing of certain areas not directly involving pricing, such as route Background tariffs with the Department for the and capacity issues, would not warrant re- institution of full Category C tariff filing Section 41504 of Title 49 of the foreign air transportation of passengers requirements, except in the most unusual United States Code (the Code), formerly is no longer necessary or appropriate, circumstances. section 403(a) of the Federal Aviation and accordingly grants another 2 We grant ATA’s motion.

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations 40655 prepared to make future changes to its electronic filing system (EFS). ATA phase-out schedule for passenger rules these requirements to reflect the new requests that the Department not grant tariffs. ATA, BA and ATA feel that a 90- passenger liability limits agreed to by carriers of countries in Categories A or day transitional period would be too many carriers, ATA, in its supplemental B an exemption from filing fares for short, and that more time is needed to comments, urges the Department to travel between the United States and a revise passenger travel documents and adopt herein ‘‘a more flexible notice third country (i.e., on fifth and sixth notice procedures. ATA argues that requirement’’ that would permit carriers freedom services) unless that carrier’s carriers need more time to assure a which have filed tariff revisions waiving home country has agreed bilaterally to smooth transition to the new regime the Warsaw passenger liability limits a pricing regime which affords U.S. given the longstanding requirement to pursuant to DOT-approved agreements carriers the right to exercise price file passenger tariffs and the overall to devise, subject to DOT approval, a leadership in fifth and sixth freedom complexity of the foreign air single ticket notice to replace both the markets, as well as in third and fourth transportation environment. BA asserts detailed notice prescribed in current freedom markets. Finally, UAL takes that continuation of that existing regime § 221.175 for services involving the issue with the categories in which the for another 180 days would cause no United States and the separate, NPRM proposed to place certain harm, and would benefit both worldwide Warsaw liability notice countries and urges that the NPRM’s passengers and carriers by reducing the appearing on standard ticket stock. country-category list and any future possibility that the old tariff system for Comments regarding the proposed actions regarding categorization of filing passenger rules will expire before exemption from passenger tariff filing countries be subject to the procedures the new section 221.177 notice system requirements were generally positive. for public notice and comment. can be fully implemented. For the most part, BA, FedEx, KAL, PIA We feel that the concerns expressed and UAL, as well as ATA and ATPCO Decision about the need for a longer period to generally support the proposal. IATA We have decided to adopt the NPRM facilitate a smooth transition to the new takes no position on the proposal to essentially as proposed, with certain regime have merit; therefore, we have exempt airlines from the requirement to minor changes in response to the no problem with extending the file passenger fare tariffs in certain comments. First, we will grant the transition period under section 293.22 instances, but supports the proposal to requests to extend the proposed to 180 days. While we did not extend exempt all airlines from the requirement transition period for cancellation of the the transitional period in the case of our to file general passenger rules tariffs. Air general passenger rules tariffs in section cargo tariff filing exemption, in this case Pacific and Qantas oppose the proposed 293.22 from 90 days to 180 days after we believe that the diverse general rules exemption from filing general passenger the Assistant Secretary issues his notice involved may make the transition rules tariffs because they prefer to containing the initial description of process more complicated, warranting a continue to rely on the presumed notice those general conditions of passenger longer transition period. This 180-day to passengers, stemming from the formal carriage that must still be filed in tariffs. transition period will begin after filing of these rules, as a defense against On the other hand, we will grant issuance of the Assistant Secretary’s various kinds of passenger claims. ATA carriers the option to cancel their notice setting forth the initial list of urges the Department to remove the official general rules tariffs involving exempted markets and the descriptions word ‘‘conflicting’’, which it believes conditions of carriage before the end of of those general rules relating to limits protection from preemption by the 180 day period, and to deviate from conditions of carriage that are being state laws, in the proposed section any rules on file by express agreement exempted from the filing requirement. 293.21(c). This section sets uniform with the passenger, such as by ticket 2. ATPCO EFS Reconfiguration disclosure requirements which preempt notation. ATPCO is concerned not only about any conflicting State requirements on Second, while not adopting ATA’s the time needed to reconfigure its the incorporation of terms by reference suggestion in its entirety, we will electronic tariff filing system but also into contracts of carriage for scheduled modify our category procedures to allow with the associated expense. transportation of passengers in foreign the Assistant Secretary the option to air transportation. Accordingly, while it will have to require carriers who are nationals of continue to file tariffs in the exempted Several parties express concerns or countries placed in Categories A and B condition their support upon markets until it completes nevertheless to continue to file their modifications to the proposal. ATA, BA reprogramming to segregate exempted passenger tariffs for services between and IATA support the exemption from and non-exempted markets, ATPCO the U.S. and third countries if effective the requirement to file general passenger suggests that the Department desist from price leadership opportunities for U.S. rules provided that the cancellation of collecting the usual filing fees on carriers are not available between the these rules tariffs is extended an exempted fares and rules on the grounds foreign carrier’s home country and third additional 90 days (for a total transition that DOT will not have to review the countries. period of 180 days following the exempted matter. Finally, third, we will amend the Assistant Secretary’s notice). ATPCO With regard to ATPCO’s request for language of section 293.21, as suggested expresses concerns about the amount of relief from paying our filing fees, we by ATA, to avoid any confusion on the time needed to adjust its electronic will continue to collect these fees for state of federal preemption law under filing system to the new filing regime, tariffs filed during the period it needs to but nevertheless states that the airlines Title 49. reprogram its electronic tariff filing should not be denied immediate relief Discussion of Comments and Issues system to exclude exempted material. from the burden of filing their tariffs. Until the Assistent Secretary’s notice Accordingly, APTCO requests that the 1. Transitional Period becomes effective, the exemption for Department permit carriers or their Most of the responses concern the certain markets and fares is not in force. agents to continue to file their tariffs length of the transitional period. Further, until ATPCO completes its electronically in the same manner as Consistent with our action on our final reprogramming, the Department will today without paying the Department’s rule exempting carriers from filing their continue to receive passenger tariff filing fees until ATPCO can reconfigure cargo tariffs, we proposed a 90-day filings that include both required and

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 40656 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations exempted tariff material. Department a pricing regime which affords U.S. 5. Preemption analysts will have to continue to review carriers the right to exercise price ATA requests that the word each tariff filing during this period to leadership on their fifth and sixth ‘‘conflicting’’ be deleted from section ensure that no required tariff material is freedom services to/from that country. 293.21(c) arguing that such a overlooked. In the short term, demands UAL generally supports ATA’s qualification does not appear in the on the Department’s limited resources concerns. statement of federal preemption will continue at the same level. We find that this concern has merit. regarding the incorporation by reference 3. Comments on Country Categories Such price leadership issues are of contract terms for domestic travel in UAL voices concerns about the certainly relevant to our stated category 14 CFR 253.1, and that it suggests a legal classification of certain countries. It criteria. However, this is an area in standard that would be inconsistent disagrees with the tentative placement which we have decided to allow for a with the settled state of the law on of one of the listed countries into more flexible response than that federal preemption under section 105(b) Category A, rather than Category C, for suggested by ATA. We have decided to of the Airline Deregulation Act, now reasons related to its alleged add a new subparagraph (c) to section section 41713(b) of Title 49. noncompliance with the terms of its 293.10 of our proposal. Under that We will make the change that ATA bilateral agreement with the United subparagraph, the Assistant Secretary recommends. It was not our intention to States. may require carriers of countries placed limit or confuse in any way the scope It appears that some commenters in Categories A or B nevertheless to of preemption of state law under section believe that the markets listed in the continue to file passenger tariffs for 41713(b), interpreted in such cases as NPRM will be immediately exempted services they offer between the U.S. one Morales v. Trans World Airlines, 112S. from our tariff filing requirements upon or more third countries. In making this Ct. 2031 (1992), and American Airlines issuance of a final rule on Part 221. This determination, the Assistant Secretary v. Wolens, 115S. St. 817 (1995). In both is not so; these markets were included will take into consideration the bilateral cases, the Supreme Court found that any in the NPRM for illustrative purposes rights or extra-bilateral opportunities of state laws broadly ‘‘having a connection only based on the status of bilateral U.S. carriers to comparable price with or reference to airline rates, routes agreements and relations at that time. leadership initiatives, as well as their or services’’ are preempted, without the We would like to make it clear that a implementation by the foreign carrier’s need for a ‘‘conflict of laws’’ analysis. further notice from the Department is government. 6. Warsaw Convention necessary before any markets are Consequently, if there are countries in ATA’s initial comments exempted from our tariff filing categories A or B that, in fact, restrict requirements. The final rule will merely acknowledged that the recently fifth and/or sixth freedom fare approved intercarrier agreements put this mechanism into place. initiatives of U.S. carriers for services We do not agree with United that it waiving Warsaw Convention passenger between that foreign country and a third is appropriate to specify in this rule liability limits could require some country, we may consider either placing whether and when the Department may changes to part 221, but concluded that that country into a different category or request comment on its categorization of it is premature to attempt to resolve nevertheless requiring its carriers to countries or adjustments to fifth/sixth these issues in this rulemaking continue to file tariffs for their fifth and/ freedom filing requirements. As a proceeding. In its supplementary or sixth freedom services with the general matter, the characterization of comments, however, ATA now requests Department. bilateral agreements and their that the Department make substantive implementation for regulatory purposes Our determinations whether to apply changes to the Warsaw Convention is a question of the international a tariff filing requirement on foreign requirements embodied in part 221. aviation policy judgment of the carriers’ fifth and/or sixth freedom ATA’s desire for a more flexible notice Department, and certainly that would be services will be based on the actual requirement is understandable. the case under part 293. Carriers treatment by the foreign carrier’s However, for the most part, our purpose experiencing significant bilateral government of comparable U.S. carrier in reissuing part 221 is to align our problems usually keep the Department pricing initiatives as well as on the tariff-filing requirements with present well informed of the circumstances. A formal bilateral arrangements involved. regulatory needs and policies. We will case in point is the determination of The purpose of our rulemaking here is deal with any substantive policy ‘‘liberal’’ markets for SFFL purposes. to lessen the burden of filing passenger changes to the part 221 Warsaw notice Certainly, if a situation arises in which tariffs on both carriers and the requirements in a separate proceeding. Department. ATA’s proposal for a the Department believes that public 7. Filings as Constructive Notice comment would be helpful, it will general requirement that the bilateral provide specific notice and opportunity rights be explicit would affect a Only two carriers oppose the for comment. For this reason, we will significant number of countries where proposal, set out in the NPRM, to amend subsection 293.10(c) to delete we do not have formal fifth and/or sixth exempt all carriers from the requirement the implication of advance formal freedom price leadership rules in place to file their general passenger procedures for public comment. but, nevertheless, where U.S. carriers in conditions-of-carriage rules tariffs. Air practice may set such prices without Pacific and Qantas both argue that they 4. Filing of Tariffs for Fifth and Sixth government interference. These rely on their filed passenger rules tariffs Freedom Markets additional filings would simply place an as a defense against various kinds of ATA is concerned that under the rule additional burden on the Department passenger claims. In our final cargo as proposed, foreign carriers from that could not be justified by the small exemption rule, we addressed the issue countries in Categories A and B could advantage gleaned from requiring of legal notice to consumers of contract be exempt from filing fares for their fifth carriers from countries who do not terms, including general conditions of and sixth freedom services to and from actively regulate US carriers prices to carriage. We concluded that the U.S. points even though their file tariffs for their fifth and sixth elimination of cargo rules tariffs in the government has not agreed bilaterally to freedom services. context of our notice provisions would

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations 40657 not impose significant economic or Paperwork Reduction Act Transportation, 400 Seventh Street, SW, administrative burdens on carriers or With respect to the Paperwork Washington, DC 20590, (202) 366–4534 shippers, and that any changes in Reduction Act, the reissue of part 221 or DOT Desk Officer, Office of procedure were justified by eliminates any residual paper tariff Management and Budget, New improvements in overall consumer format and filing procedures and Executive Office Building, Room 3228, fairness and system efficiency 3. Air replaces them with more efficient Washington, DC 20503. Pacific and Qantas have failed to electronic filing procedures. In addition, Any comments regarding the burden provide any reasons as to why passenger the new part 293 exempts carriers from estimate or any aspect of these rules tariffs should be treated differently their statutory and regulatory duty to information requirements, including than cargo rules tariffs or why relying file international passenger tariffs in suggestions for reducing the burden, on the tariff filing mechanism for certain specific markets, subject to may be sent to: Director, Office of passenger notice is better than relying reimposition of this duty when required International Aviation, (X–40), U.S. on normal contract law. by the public interest. Thus, this rule Department of Transportation, Office of the Secretary, 400 Seventh Street, SW., Regulatory Analyses and Notices will significantly reduce the paperwork and filing burden on government and Room 6402, Washington, DC 20090– 0001 as well as the above contact. Executive Order 12866 and DOT industry, even though it does not totally Regulatory Policies and Procedures eliminate information collection Regulation Identifier Number requirements that require the approval The Department has determined that A regulation identifier number (RIN) of the Office of Management and Budget is assigned to each regulatory action this final rule is not a significant pursuant to the Act. While not regulatory action under Executive Order listed in the Unified Agenda of Federal estimated, we expect that costs of Regulations. The Regulatory Information 12866 or under the Department’s governmental review, filing and Regulatory Policies and Procedures (44 Service Center publishes the Unified archiving of paper tariff rule filing will Agenda in April and October of each CFR 11034–Feb. 26, 1979). The rule will be similarly reduced. reduce the paperwork and filing burden year. The RIN number contained in the The reporting and recordkeeping heading of this document can be used for all U.S. and foreign air carriers requirement associated with this rule submitting international passenger to cross reference this action with the are being submitted to OMB for Unified Agenda. tariffs to the Department. The approval in accordance with The An electronic version of the document Department anticipates that the final Paperwork Reduction Act of 1995 is available on the World Wide Web at rule could save international scheduled (Public Law 104–113) under OMB No. ‘‘http://dms.dot.gov//reports/reports— service passenger airlines as much as 2106–0009; Administration: Department aviation.asp’’. $3.23 million in tariff-filing and of Transportation, TITLE: Exemption preparation expenses, based on figures from Passenger Tariff-Filing List of Subjects submitted to OMB under the Paperwork Requirements in Certain Instances, and 14 CFR Part 221 Reduction Act for reinstatement of the Mandatory Electronic Filing of Residual part 221 information collection. The Passenger Tariffs; NEED FOR Air rates and fares, Agents, Reporting Department does not expect there to be INFORMATION: Exempts carriers from and recordkeeping requirements. any additional costs associated with this their statutory and regulatory duty to 14 CFR Part 250 rule. file international passenger tariffs in Air carriers, Consumer protection, certain specific markets, subject to Reporting and recordkeeping Executive Order 12611 reimposition of this duty when required requirements. This final rule has been analyzed in by the public interest, and eliminates accordance with the principles and residual paper tariff format and filing 14 CFR Part 293 criteria contained in Executive Order procedures, replacing them with more Air carriers, Airrates and fares, Air 12612 (‘‘Federalism’’), and the efficient electronic filing procedures; transportation, Reporting and Department has determined the rule PROPOSED USE OF INFORMATION: recordkeeping requirements. does not have sufficient federalism Exemption is based on evolution in The final rule revisions and new parts implications to warrant the preparation regulatory circumstances, while 221 and 293 are being issued under the of a Federalism Assessment. elimination of residual paper tariff filing authority contained in 49 CFR procedures is based on the need to 1.56(h)(2). For the reasons set forth Regulatory Flexibility Act extend the efficiencies of electronic data herein, 14 CFR Chapter II is amended as transmission and processing to the filing follows: I certify that this rule a will not have of all passenger tariffs; FREQUENCY: a significant economic impact on a 1. Part 221 is revised to read as An initial passenger tariff rule filing is follows: substantial number of small entities, required of each respondent; changes because the tariff filing requirements are voluntary, whenever an air carrier PART 221ÐTARIFFS apply to scheduled service air carriers. elects. The vast majority of the air carriers Estimated Total Annual Burden Subpart AÐGeneral filing international (‘‘foreign’’) air Under Proposal: 650,000 hours; Sec. passenger tariffs are large operators with Respondents: 230; FORM(S) 13,340 221.1 Applicability of this part. revenues in excess of several million electronic filings or applications per 221.2 Carrier’s duty. dollars each year. Small air carriers annum; 221.3 Definitions. operating aircraft with 60 seats or less Average Burden Hours Per 221.4 English language. and 18,000 pounds payload or less that Respondent: 2,826 hours. 221.5 Unauthorized air transportation. offer on-demand air-taxi service are not For further information on paperwork Subpart BÐWho Is Authorized to Issue and required to file such tariffs. reduction contact: The Special File Tariffs Authorities Requirements Division, X– 221.10 Carrier. 3 See 60 Fed. Reg. 61472 (November 30, 1995). 57, Office of the Secretary of 221.11 Agent.

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Subpart CÐSpecifications of Tariff 221.105 Special notice of limited liability 221.201 Statement of filing with foreign Publications for death or injury under the Warsaw governments to be shown in air carrier’s 221.20 Specifications applicable to tariff Convention. tariff filings. publications. 221.106 Notice of limited liability for 221.202 The filing of tariffs and baggage; alternative consolidated notice amendments to tariffs. Subpart DÐManner of Filing Tariffs of liability limitations. 221.203 Unique rule numbers required. 221.30 Passenger fares and charges. 221.107 Notice of contract terms. 221.204 Adoption of provisions of one 221.31 Rules and regulations governing 221.108 Transmission of tariff filings to carrier by another carrier. passenger fares and services. subscribers. 221.205 Justification and explanation for certain fares. Subpart EÐContents of Tariff Subpart LÐRejection of Tariff Publications 221.206 Statement of fares. 221.40 Specific requirements. 221.110 Department’s authority to reject. 221.210 Suspension of tariffs. 221.41 Routing. 221.111 Notification of rejection. 221.211 Cancellation of suspended matter. 221.212 Special tariff permission. Subpart FÐRequirements Applicable to all 221.112 Rejected tariff is void and must not be used. 221.300 Discontinuation of electronic tariff Statements of Fares and Charges system. 221.50 Currency. Subpart MÐSpecial Tariff Permission to 221.400 Filing of paper tariffs required. 221.51 Territorial application. File on Less Than Statutory Notice 221.500 Transmission of electronic tariffs to 221.52 Airport to airport application, 221.120 Grounds for approving or denying subscribers. accessorial services. Special Tariff Permission applications. 221.550 Copies of tariffs made from filer’s 221.53 Proportional fares. printer(s) located in Department’s public 221.121 How to prepare and file 221.54 Fares stated in percentages of other reference room. applications for Special Tariff fares; other relationships prohibited. 221.600 Actions under assigned authority Permission. 221.55 Conflicting or duplicating fares and petitions for review of staff action. prohibited. 221.122 Special Tariff Permission to be used in its entirety as granted. Authority: 49 U.S.C. 40101, 40109, 40113, 221.56 Applicable fare when no through 46101, 46102, chapter 411, chapter 413, local or joint fares. 221.123 Re-use of Special Tariff Permission when tariff is rejected. chapter 415 and chapter 417, subchapter I. Subpart GÐGoverning Tariffs Subpart NÐWaiver of Tariff Regulations Subpart AÐGeneral 221.60 When reference to governing tariffs permitted. 221.130 Applications for waiver of tariff § 221.1 Applicability of this part. regulations. 221.61 Rules and regulations governing All tariffs and amendments to tariffs 221.131 Form of application for waivers. foreign air transportation. of air carriers and foreign air carriers 221.62 Explosives and other dangerous or Subpart OÐGiving and Revoking filed with the Department pursuant to restricted articles. Concurrences to Carriers 221.63 Other types of governing tariffs. chapter 415 of the statute shall be 221.140 Method of giving concurrence. constructed, published, filed, posted Subpart HÐAmendment of Tariffs 221.141 Method of revoking concurrence. and kept open for public inspection in 221.70 Who may amend tariffs. 221.142 Method of withdrawing portion of accordance with the regulations in this 221.71 Requirement of clarity and authority conferred by concurrence. part and orders of the Department. specificity. 221.72 Reinstating canceled or expired Subpart PÐGiving and Revoking Powers of § 221.2 Carrier's duty. Attorney to Agents tariff provisions. (a) Must file tariffs. (1) Except as Subpart IÐSuspension of Tariff Provisions 221.150 Method of giving power of provided in paragraph (d) of this by Department attorney. section, every air carrier and every 221.151 Method of revoking power of 221.80 Effect of suspension by Department. attorney. foreign air carrier shall file with the 221.81 Suspension supplement. 221.152 Method of withdrawing portion of Department, and provide and keep open 221.82 Reissue of matter continued in effect authority conferred by power of attorney. to public inspection, tariffs showing all by suspension to be canceled upon fares, and charges for foreign air termination of suspension. Subpart QÐAdoption Publications transportation between points served by 221.83 Tariff must be amended to make Required to Show Change in Carrier's Name it, and between points served by it and or Transfer of Operating Control suspended matter effective. points served by any other air carrier or 221.84 Cancellation of suspended matter 221.160 Adoption notice. subsequent to date to which suspended. foreign air carrier, when through service 221.161 Notice of adoption to be filed in and through rates shall have been Subpart JÐFiling Tariff Publications With former carrier’s tariffs. established, and showing to the extent Department 221.162 Receiver shall file adoption notices. required by regulations and orders of 221.90 Required notice. the Department, all classifications, 221.91 Delivering tariff publications to 221.163 Agents’ and other carriers’ tariffs shall reflect adoption. rules, regulations, practices, and Department. services in connection with such foreign 221.92 Number of copies required. 221.164 Concurrences or powers of attorney 221.93 Concurrences or powers of attorney to be reissued. air transportation. not previously filed to accompany tariff 221.165 Cessation of operations without (2) Tariffs shall be filed, and provided transmittal. successor. in such form and manner, and shall 221.94 Explanation and data supporting Subpart RÐElectronically Filed Tariffs contain such information as the tariff changes and new matter in tariffs. Department shall by regulation or order 221.170 Applicability of the subpart. prescribe. Any tariff so filed which is Subpart KÐAvailability of Tariff 221.180 Requirements for electronic filing Publications for Public Inspection not consistent with chapter 415 of the of tariffs. statute and such regulations and orders 221.190 Time for filing and computation of 221.100 Public notice of tariff information. may be rejected. Any tariff so rejected 221.101 Inspection at stations, offices, or time periods. locations other than principal or general 221.195 Requirement for filing printed shall be void, and may not be used. office. material. (b) Must observe tariffs. No air carrier 221.102 Accessibility of tariffs to the 221.200 Content and explanation of or foreign air carrier shall charge or public. abbreviations, reference marks and demand or collect or receive a greater or 221.103 Notice of tariff terms. symbols. less or different compensation for

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Nothing portion included in Area No. 2; all of transportation over the joint lines or contained in this part shall be construed the East Indies, Australia, New Zealand, routes of two or more carriers and as relieving any air carrier or foreign air and the islands adjacent thereto; and the which is made and published by carrier from liability for violations of the islands of the Pacific Ocean except arrangement or agreement between such statute, nor shall the filing of a tariff, or those included in Area No. 1. carriers evidenced by concurrence or amendment thereto, relieve any air Bundled normal economy fare means power of attorney. carrier or foreign air carrier from such the lowest one-way fare available for Joint tariff means a tariff that contains violations or from violations of unrestricted, on-demand service in any joint fares. regulations issued under the statute. city-pair market. Local fare means a fare that applies to (d) Exemption authority. Air carriers CRT means a video display terminal transportation over the lines or routes of and foreign air carriers, both direct and that uses a cathode ray tube as the image one carrier only. indirect, are exempted from the medium. Local tariff means a tariff that requirement of section 41504 of the Capacity controlled fare means a fare contains local fares. statute and any requirement of this for which a carrier limits the number of Machine-readable data means chapter to file, and shall not file with seats available for sale. encoded computer data, normally in a the Department, tariffs for operations Carrier means an air carrier or foreign binary format, which can be read under the following provisions: air carrier subject to section 41504 of 49 electronically by another computer with (1) Part 291, Domestic Cargo U.S.C. subtitle VII. the requisite software without any Transportation; Charge means the amount charged for human interpretation. (2) Part 296, Indirect Air baggage, in excess of the free allowance, On-line tariff database means the Transportation of Property; accompanying or checked by a remotely accessible, on-line version, (3) Part 297, Foreign Air Freight passenger or for any other service maintained by the filer, of: Forwarders and Foreign Cooperative ancillary to the passenger’s carriage. (1) The electronically filed tariff data Shippers Association; Conditions of carriage means those submitted to the Department pursuant (4) Part 298, Exemption for Air Taxi rules of general applicability that define to this part and Department orders, and Operations, except to the extent noted the rights and obligations of the (2) The Departmental approvals, in § 298.11(b); carrier(s) and any other party to the disapprovals, and other actions, as well (5) Part 380, Public Charters; contract of carriage with respect to the as any Departmental notation (6) Part 207, Charter Trips and Special transportation services provided. concerning such approvals, Services; Contract of carriage means those disapprovals, or other actions, that (7) Part 208, Terms, Conditions, and fares, rules, and other provisions subpart R of this part requires the filer Limitations of Certificates to Engage in applicable to the foreign air to maintain in its database. Charter Air Transportation; transportation of passengers or their Original tariff refers to the tariff as it (8) Part 212, Charter Trips by Foreign baggage, as defined in the statute. was originally filed exclusive of any Air Carriers; Department means the Department of supplements, revised records or (9) Part 292, International Cargo Transportation. additional records. Transportation, except as provided in Direct-service market means an Passenger means any person who part 292. international market where the carrier purchases, or who contacts a ticket (10) Part 293 International Passenger provides service either on a nonstop or office or travel agent for the purpose of Transportation, except as provided in single-flight-number basis, including purchasing, or considering the purchase part 293. change-of-gauge. of, foreign air transportation. Electronic tariff means an Passenger tariff means a tariff § 221.3 Definitions. international passenger fares or rules containing fares, charges, or governing As used in this part, terms shall be tariff or a special tariff permission provisions applicable to the foreign air defined as follows: application transmitted to the transportation of persons and their Add-on means an amount published Department by means of an electronic baggage. for use only in combination with other medium, and containing fares for the Publish means to display tariff fares for the construction of through transportation of persons and their material in either electronic or paper fares. It is also referred to as baggage, and including such associated media. ‘‘proportional fare’’ and ‘‘arbitrary fare’’. data as arbitraries, footnotes, routings, Record means an electronic tariff data Add-on tariff means a tariff which and fare class explanations. set that contains information describing contains add-on fares. Fare means the amount per passenger one (1) tariff price or charge, or Area No. 1 means all of the North and or group of persons stated in the information describing one (1) related South American Continents and the applicable tariff for the air element associated with that tariff price islands adjacent thereto; Greenland; transportation thereof and includes or charge.

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SFFL means the Standard Foreign Subpart BÐWho is Authorized To alphabetical order. Each item shall bear Fare Level as established by the Issue and File Tariffs a separate item designation and the Department of Transportation under 49 same designation shall not be assigned U.S.C. 41509. § 221.10 Carrier. to more than one item. Statute means subtitle VII of Title 49, (a) Local or joint tariffs. A carrier may (b) Carrier’s name. Wherever the United States Code. issue and file, in its own name, tariff name of a carrier appears in a tariff publication, such name shall be shown Statutory notice means the number of publications which contain: in full exactly as it appears in the days required for tariff filings in (1) Local fares of such carrier only, carrier’s certificate of public § 221.160(a). and provisions governing such local fares, and/or convenience and necessity, foreign air Tariff publication means a tariff, a (2) Joint fares which apply jointly via carrier permit, letter of registration, or supplement to a tariff, or an original or such issuing carrier in connection with whatever other form of operating revised record of a tariff, including an other carriers (participating in the tariff authority of the Department to engage in index of tariffs and an adoption notice publications under authority of their air transportation is held by the carrier, (§ 221.161). concurrences given to the issuing carrier or such other name which has Through fare means the total fare as provided in § 221.140) and provisions specifically been authorized by order of from point of origin to destination. It governing such joint fares. Provisions the Department. A carrier’s name may may be a local fare, a joint fare, or for account of an individual be abbreviated, provided the combination of separately established participating carrier may be published abbreviation is explained in the tariff. fares. to govern such joint fares provided (c) Agent’s name and title. Wherever Ticket office means a station, office or § 221.40(a)(9) is complied with. A the name of an agent appears in tariff other location where tickets are sold or carrier shall not issue and file tariff publications, such name shall be shown similar documents are issued, that is publications containing local fares of in full exactly as it appears in the under the charge of a person employed other carriers, joint rates or fares in powers of attorney given to such agent exclusively by the carrier, or by it which the issuing carrier does not by the participating carriers and the title jointly with another person. participate, or provisions governing ‘‘Agent’’ or ‘‘Alternate Agent’’ (as the Unbundled normal economy fare such local or joint fares. case may be) shall be shown means the lowest one-way fare available (3) Rules and regulations governing immediately in connection with the for on-demand service in any city-pair foreign air transportation to the extent name. market which is restricted in some way, provided by this part and/or Department (d) Statement of prices. All fares and e.g., by limits set and/or charges order. Rules and regulations may be charges shall be clearly and explicitly imposed for enroute stopovers or published in separate governing tariffs, stated and shall be arranged in a simple transfers, exclusive of capacity control. as provided in subpart G. and systematic manner. Complicated United States means the several (b) Issuing officer. An officer or plans and ambiguous or indefinite terms States, the District of Columbia, and the designated employee of the issuing shall not be used. So far as practicable, several Territories and possessions of carrier shall be shown as the issuing the fares and charges shall be the United States, including the officer of a tariff publication issued by subdivided into items or similar units, Territorial waters and the overlying air a carrier, and such issuing officer shall and an identifying number shall be space thereof. file the tariff publication with the assigned to each item or unit to facilitate Department on behalf of the issuing reference thereto. Warsaw Convention means the (e) Statement of rules. The rules and Convention for the Unification of carrier and all carriers participating in the tariff publication. regulations of each tariff shall be clear, Certain Rules Relating to International explicit and definite, and except as Transportation by Air, 49 Stat. 3000. § 221.11 Agent. otherwise provided in this part, shall § 221.4 English language. An agent may issue and file, in his or contain: its own name, tariff publications naming (1) Such explanatory statements All tariffs and other documents and local fares and/or joint fares, and regarding the fares, charges, rules or material filed with the Department provisions governing such fares, and other provisions contained in the tariff pursuant to this part shall be in the rules and regulations governing foreign as may be necessary to remove all doubt English language. air transportation to the extent provided as to their application. § 221.5 Unauthorized air transportation. by this part and/or Department order, (2) All of the terms, conditions, or for account of carriers participating in other provisions which affect the fares Tariff publications shall not contain such tariff publications, under authority or charges for air transportation named fares or charges, or their governing of their powers of attorney given to such in the tariff. provisions, applicable to foreign air issuing agent as provided in § 221.150. (3) All provisions and charges which transportation which the issuing or The issuing agent shall file such tariff in any way increase or decrease the participating carriers are not authorized publications with the Department on amount to be paid by any passenger, or by the Department to perform, except behalf of all carriers participating which in any way increase or decrease where the Department expressly therein. Only one issuing agent may act the value of the services rendered to the requests or authorizes tariff publications in issuing and filing each such tariff passenger. to be filed prior to the Department’s publication. (f) Separate rules tariff. If desired, granting authority to perform the foreign rules and regulations may be published air transportation covered by such tariff Subpart CÐSpecifications of Tariff in separate governing tariffs to the publications. Any tariff publication filed Publications extent authorized and in the manner pursuant to such express request or required by subpart G. authorization which is not consistent § 221.20 Specifications applicable to tariff (g) Rules of limited application. A with chapter 415 and this part may be publications. rule affecting only a particular fare or rejected; any tariff publication so (a) Numerical order. All items in a other provision in the tariff shall be rejected shall be void. tariff shall be arranged in numerical or specifically referred to in connection

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations 40661 with such fare or other provision, and § 221.31 Rules and regulations governing manner, or other provisions of like such rule shall indicate that it is passenger fares and services. import; instead, the rules shall state applicable only in connection with such (a) Tariff rules and regulations definitely what the carrier will or will fare or other provision. Such rule shall governing passenger fares and services not do under the exact conditions stated not be published in a separate governing other than those subject to § 221.30 may in the rules. rules tariff. be filed electronically in conformity (5) Personal liability rules. Except as (h) Conflicting or duplicating rules with subpart R. Such filings shall provided in this part, no provision of prohibited. The publication of rules or conform to criteria approved by the the Department’s regulations issued regulations which duplicate or conflict Department’s Office of International under this part or elsewhere shall be with other rules or regulations Aviation as provided in § 221.180 and construed to require the filing of any published in the same or any other tariff shall contain at a minimum the tariff rules stating any limitation on, or for account of the same carrier or information required by § 221.202(b)(9). condition relating to, the carrier’s carriers and applicable to or in (b) Applications for special tariff liability for personal injury or death. No connection with the same transportation permission may be filed electronically, subsequent regulation issued by the is prohibited. as provided in § 221.212. Department shall be construed to (c) Tariff publications and supersede or modify this rule of (i) Each tariff shall include: applications for special tariff permission construction except to the extent that (1) A prominent D.O.T. or other covered by paragraphs (a) and (b) of this such regulation shall do so in express number identifying the tariff in the section may be filed in a paper format, terms. sequence of tariffs published by the subject to the requirements of this part (6) Notice of limitation of liability for carrier or issuing agent; and Department orders. death or injury under the Warsaw (2) The name of the issuing carrier or Convention. Notwithstanding the agent; Subpart EÐContents of Tariff provisions of paragraph (a)(5) of this section, each air carrier and foreign air (3) The cancellation of any tariffs § 221.40 Specific requirements. carrier shall publish in its tariffs a superseded by the tariff; (a) In addition to the general provision stating whether it avails itself (4) A description of the tariff contents, requirements in § 221.20, the rules and of the limitation on liability to including geographic coverage; regulations of each tariff shall contain: passengers as provided in Article 22(1) (5) Identification by number of any (1) Aircraft and seating. For of the Warsaw Convention or whether it governing tariffs; individually ticketed passenger service, has elected to agree to a higher limit of (6) The date on which the tariff is the name of each type of aircraft used liability by a tariff provision. Unless the issued; in rendering such service by carrier elects to assume unlimited manufacturer model designation and a liability, its tariffs shall contain a (7) The date on which the tariff description of the seating configuration provisions will become effective; and statement as to the applicability and (or configurations if there are variations) effect of the Warsaw Convention, (8) the expiration date, if applicable to of each type of aircraft. Where fares are including the amount of the liability the entire tariff. provided for different classes or types of limit in dollars. Where applicable, a passenger service (that is, first class, Subpart DÐManner of Filing Tariffs statement advising passengers of the coach, day coach, night coach, tourist, amount of any higher limit of liability § 221.30 Passenger fares and charges. economy or whatever other class or type assumed by the carrier shall be added. of service is provided under the tariff), (7) Extension of credit. Air carriers (a) Fares tariffs, including associated the tariff shall specify the type of and foreign air carriers shall not file data, shall be filed electronically in aircraft and the seating configuration tariffs that set forth charges, rules, conformity with subpart R. Associated used on such aircraft for each class or regulations, or practices relating to the data includes arbitraries, footnotes, type of passenger service. When two or extension of credit for payment of routing numbers and fare class more classes or types of passenger charges applicable to air transportation. explanations. See § 221.202(b)(8). service are performed in a single (8) Individual carrier provisions (b) Upon application by a carrier, the aircraft, the seating configuration for governing joint fares. Provisions Department’s Office of International each type or class shall be stated and governing joint fares may be published Aviation shall have the authority to described. for account of an individual carrier waive the electronic filing requirement (2) Rule numbers. Each rule or participating in such joint fares in this paragraph and in Subpart R in regulation shall have a separate provided that the tariff clearly indicates whole or in part, for a period up to one designation. The same designation shall how such individual carrier’s provisions year, and to permit, under such terms not be assigned to more than one rule apply to the through transportation over and conditions as may be necessary to in the tariff. the applicable joint routes comprised of carry out the purposes of this part, the (3) Penalties. Where a rule provides a such carrier and other carriers who applicant carrier to file fare tariffs in a charge in the nature of a penalty, the either do not maintain such provisions paper format. Such waivers shall only rule shall state the exact conditions or who maintain different provisions on be considered where electronic filing, under which such charge will be the same subject matter. compared to paper filing, is impractical imposed. (9) Passenger property which cannot and will produce a significant economic (4) Vague or indefinite provisions. lawfully be carried in the aircraft cabin. hardship for the carrier due to the Rules and regulations shall not contain Each air carrier shall set forth in its limited nature of the carrier’s operations indefinite statements to the effect that tariffs governing the transportation of subject to the requirements of this part, traffic of any nature will be ‘‘taken only persons, including passengers’ baggage, or other unusual circumstances. Paper by special arrangements’’, or that charges, rules, and regulations filings pursuant to this paragraph shall services will be performed or penalties providing that such air carrier receiving normally conform to the requirements of imposed ‘‘at carrier’s option’’, or that as baggage any property of a person § 221.195 and other applicable the carrier ‘‘reserves the right’’ to act or traveling in air transportation, which requirements of this part. to refrain from acting in a specified property cannot lawfully be carried by

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The route or published separately from those stated of persons or property shall not be routes over which each fare applies in currencies of other countries. This stated in the form of percentages, shall be stated in the tariff in such shall be done in a systematic manner multiples, fractions, or other manner that the following information and the fares and charges in the relationships to other fares except to the can be definitely ascertained from the respective currencies shall be published extent authorized in paragraphs (b), (c), tariff: in separate records. and (d) of this section with respect to (1) The carrier or carriers performing passenger fares and baggage charges. § 221.51 Territorial application. the transportation, (b) A basis of fares for refund (2) The point or points of interchange (a) Specific points of origin and purposes may be stated, by rule, in the between carriers if the route is a joint destination. Except as otherwise form of percentages of other fares. route (via two or more carriers), provided in this part, the specific points (c) Transportation rates for the portion (3) The intermediate points served on of origin and destination from and to of passengers’ baggage in excess of the the carrier’s or carriers’ routes which the fares apply shall be baggage allowance under the applicable applicable between the origin and specifically named directly in fares may be stated, by rule, as destination of the fare and the order in connection with the respective fares. percentages of fares. (d) Children’s, infants’ and senior which such intermediate points are (b) Directional application. A tariff citizen’s fares, may be stated, by rule, as served. shall specifically indicate directly in percentages of other fares published (b) Individually stated routings— connection with the fares therein specifically in dollars and cents Method of publication. The routing whether they apply ‘‘from’’ and ‘‘to’’ or (hereinafter referred to as base fares): required by paragraph (a) of this section ‘‘between’’ the points named. Where the fares apply in one direction, the terms Provided, that: shall be shown directly in connection (1) Fares stated as percentages of base with each fare or charge for ‘‘From’’ and ‘‘To’’ shall be shown in connection with the point of origin and fares shall apply from and to the same transportation, or in a routing portion of point of destination, respectively, and, points, via the same routes, and for the the tariff (following the fare portion of where the fares apply in both directions same class of service and same type of the tariff), or in a governing routing between the points, the terms aircraft to which the applicable base tariff. When shown in the routing ‘‘Between’’ and ‘‘And’’ shall be shown fares apply, and shall apply to all such portion of the tariff or in a governing in connection with the respective base fares in a fares tariff. routing tariff, the fare from each point points. (2) Fares shall not be stated as of origin to each point of destination percentages of base fares for the purpose shall bear a routing number and the § 221.52 Airport to airport application, of establishing fares applying from and corresponding routing numbers with accessorial services. to points, or via routes, or on types of their respective explanations of the Tariffs shall specify whether or not aircraft, or for classes of service different applicable routings shall be arranged in the fares therein include services in from the points, routes, types of aircraft, numerical order in the routing portion addition to airport-to-airport or classes of service to which the base of the tariff or in the governing routing transportation. fares are applicable. tariff. § 221.53 Proportional fares. § 221.55 Conflicting or duplicating fares Subpart FÐRequirements Applicable (a) Definite application. Add-on fares prohibited. to All Statements of Fares and Charges shall be specifically designated as ‘‘add- The publication of fares or charges of on’’ fares on each page where they § 221.50 Currency. a carrier which duplicate or conflict appear. with the fares of the same carrier (a) Statement in United States (b) A tariff may provide that fares published in the same or any other tariff currency required. All fares and charges from (or to) particular points shall be for application over the same route or shall be stated in cents or dollars of the determined by the addition of add-ons routes is hereby prohibited. United States except as provided in to, or the deduction of add-ons from, paragraph (b) of this section. fares therein which apply from (or to) a § 221.56 Applicable fare when no through (b) Statements in both United States base point. Provisions for the addition local or joint fares. and foreign currencies permitted. Fares or deduction of such add-ons shall be Where no applicable local or joint fare and charges applying between points in shown either directly in connection is provided from point of origin to point the United States, on the one hand, and with the fare applying to or from the of destination over the route of points in foreign countries, on the other base point or in a separate provision movement, whichever combination of hand, or applying between points in which shall specifically name the base applicable fares provided over the route foreign countries, may also be stated in point. The tariff shall clearly and of movement produces the lowest the currencies of foreign countries in definitely state the manner in which charge shall be applicable, except that a addition to being stated in United States such add-ons shall be applied. carrier may provide explicitly that a fare currency as required by paragraph (a) of (c) Restrictions upon beyond points or cannot be used in any combination or in this section: Provided, that: connecting carriers. If an add-on fare is a combination on particular traffic or

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(d) Matter continued in effect not to be changed. A fare, charge, or other shall not refer to nor provide that it is A tariff shall be amended only by the tariff provision which is continued in governed by any other tariff, document, carrier or agent who issued the tariff effect as a result of a suspension by the or publication, or any part thereof, (except as otherwise authorized in Department shall not be changed during except as specifically authorized by this subparts P and Q). part. the period of suspension unless the (b) Reference by fare tariff to § 221.71 Requirement of clarity and change is authorized by order or special governing tariffs. A fare tariff may be specificity. tariff permission of the Department, made subject to a governing tariff or Amendments to tariffs shall identify except that such matter may be reissued governing tariffs authorized by this with specificity and clarity the material without change during the period of subpart: Provided, that reference to such being amended and the changes being suspension. made. Amendments to paper tariffs governing tariffs is published in the fare § 221.81 Suspension supplement. tariff in the manner required by shall be accomplished by reissuing each § 221.20(h). page upon which a change occurs with (a) Suspension supplement. Upon (c) Participation in governing tariffs. the change made and identified by receipt of an order of the Department A fare tariff may refer to a separate uniform amendment symbols. Each suspending any tariff publication in part governing tariff authorized by this revised page shall identify and cancel or in its entirety, the carrier or agent subpart only when all carriers the previously effective page, show the who issued such tariff publication shall participating in such fare tariff are also effective date of the previous page, and immediately issue and file with the shown as participating carriers in the show the intended effective date of the Department a consecutively numbered governing tariff: Provided, that: revised page. Amendments in electronic supplement for the purpose of (1) If such reference to a separate format shall conform to the announcing such suspension. governing tariff does not apply for requirements of § 221.202 and other (b) The suspension supplement shall account of all participating carriers and applicable provisions of subpart R. not contain an effective date and it shall is restricted to apply only in connection contain the suspension notice required with local or joint fares applying over § 221.72 Reinstating canceled or expired by paragraph (c) of this section. tariff provisions. routes consisting of only particular (c) Suspension notice. The suspension carriers, only the carriers for whom such Any fares, rules, or other tariff supplement shall contain a prominent reference is published are required to be provisions which have been canceled or notice of suspension which shall: shown as participating carriers in the which have expired may be reinstated (1) Indicate what particular fares, governing tariff to which such qualified only by republishing such provisions charges, or other tariff provisions are reference is made. and posting and filing the tariff under suspension, publications (containing such (2) [Reserved] (2) State the date to which such tariff republished provisions) on lawful (d) Maximum number of governing matter is suspended, tariffs. A single fare tariff shall not make notice in the form and manner required (3) State the Department’s docket reference to conflicting governing tariffs. by this part. number and order number which § 221.61 Rules and regulations governing Subpart IÐSuspension of Tariff suspended such tariff matter, and foreign air transportation. Provisions by Department (4) Give specific reference to the Instead of being included in the fares tariffs (specifying their D.O.T. or other tariffs, the rules and regulations § 221.80 Effect of suspension by identifying numbers), original or revised governing foreign air transportation Department. records and paragraphs or provisions required to be filed by §§ 221.20 and (a) Suspended matter not to be used. which contain the fares, charges, or 221.30 and/or Department order which A fare, charge, or other tariff provision other tariff provisions continued in do not govern the applicability of which is suspended by the Department, effect. particular fares may be filed in separate under authority of chapter 415 of the § 221.82 Reissue of matter continued in governing tariffs, conforming to this statute, shall not be used during the period of suspension specified by the effect by suspension to be canceled upon subpart. Governing rules tariffs shall termination of suspension. contain an index of rules. Department’s order. (b) Suspended matter not to be When tariff provisions continued in § 221.62 Explosives and other dangerous changed. A fare, charge, or other tariff effect by a suspension are reissued or restricted articles. provision which is suspended by the during the period of such suspension, Carriers may publish rules and Department shall not be changed in any the termination of the suspension and regulations governing the transportation respect or withdrawn or the effective the coming into effect of the suspended of explosives and other dangerous or date thereof further deferred except by matter will not accomplish the restricted articles in separate governing authority of an order or special tariff cancellation of such reissued matter. In tariffs, conforming to this subpart, permission of the Department. such circumstances, prompt action shall instead of being included in the fares (c) Suspension continues former be taken by the issuing agent or carrier tariffs or in the governing rules tariff matter in effect. If a tariff publication to cancel such reissued provisions upon authorized by § 221.61. This separate containing matter suspended by the the termination of the suspension in governing tariff shall contain no other Department directs the cancellation of a order that they will not conflict with the rules or governing provisions. tariff or any portion thereof, which provisions formerly under suspension.

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§ 221.83 Tariff must be amended to make (2) At least 25 days before they are to of rate making employed. Where a tariff suspended matter effective. become effective, for matching tariffs is filed pursuant to an intercarrier (a) When the Department vacates an that are to become effective on the same agreement approved by the Department, order which suspended certain tariff date as the tariff to be matched and that the explanation shall identify such matter in full or in part, such matter will meet competition as described in agreement by DOT Docket number, DOT not become effective until the § 221.94(c)(1)(v); and order of approval number, IATA termination of the suspension period (3) At least 60 days before they are to resolution number, or if none is unless the issuing agent or carrier become effective, for all other tariffs. designated, then by other definite amends the pertinent tariffs in the (b) Computing number of days’ notice. identification. Where a tariff is filed on manner prescribed in this subpart A tariff publication shall be deemed to behalf of a foreign air carrier pursuant (except as provided in paragraph (b) of be filed only upon its actual receipt by to a Government order, a copy of such this section). the Department, and the first day of any order shall be submitted with the tariff. (b) If the Department vacates its required period of notice shall be the (b) Appropriate Economic data and/or suspension order prior to the original day of actual receipt by the Department. information in support of the new or published effective date of the tariff (c) Issued date. All tariff publications changed matter. provisions whose suspension is vacated, must be received by the Department on such provisions will become effective or before the designated issued date. (c) Exceptions on their published effective date. (1) The requirement for data and/or § 221.91 Delivering tariff publications to information in paragraph (b) of this § 221.84 Cancellation of suspended matter Department. subsequent to date to which suspended. section will not apply to tariff Tariff publications will be received publications containing new or changed (a) Endeavor to cancel prior to for filing only by delivery thereof to the matter which are filed: expiration of suspension period. When Department electronically, through (i) In response to Department orders an order of the Department requires the normal mail channels, or by delivery or specific policy pronouncements of cancellation of tariff provisions which thereof during established business the Department directly related to such were suspended by the Department and hours directly to that office of the new or changed matter; such cancellation is required to be made Department charged with the (ii) Pursuant to an intercarrier effective on or before a date which is responsibility of processing tariffs. No agreement approved by the Department after the date to which such tariff tariff publication will be accepted by the setting forth the fares, charges (or provisions were suspended, the issuing Department unless it is delivered free specific formulas therefor) or other carrier or agent shall, if possible, make from all charges, including claims for matter: Provided that the changes are the cancellation effective prior to the postage. submitted with the number of the DOT date to which such tariff provisions § 221.92 Number of copies required. order of approval and fully comply with were suspended. any conditions set forth in that order; (b) When necessary to republish Two copies of each paper tariff, tariff (iii) To the extent fares for scheduled matter continued in effect by revision and adoption notice to be filed passenger service are within a statutory suspension. If suspended tariff shall be sent to the Office of or Department-established zone of fare provisions become effective upon International Aviation, Department of flexibility; and expiration of their suspension period Transportation, Washington, DC 20428. (iv) To meet competition: Provided, and thereby accomplish the cancellation All such copies shall be included in one that of the tariff provisions continued in package and shall be accompanied by a (A) Changed matter will be deemed to effect by the suspension, the issuing letter of tariff transmittal. have been filed to meet competition agent or carrier shall republish and § 221.93 Concurrences or powers of only when it effects decreases in fares reestablish such canceled tariff or charges and/or increases the value of provisions effective simultaneously attorney not previously filed to accompany tariff transmittal. service so that the level of the fares or with the cancellation of the suspended When a tariff is filed on behalf of a charges and the services provided will provisions in compliance with the be substantially similar to the level of Department’s order. The tariff carrier participating therein under authority of its concurrence or power of fares or charges and the services of a amendments which reestablish such competing carrier or carriers. canceled tariff provisions shall bear attorney, such concurrence or power of attorney shall, if not previously filed (B) New matter will be deemed to reference to this subpart and the have been filed to meet competition Department’s order. with the Department, be transmitted at the same time such tariff is submitted only when it establishes or affects a fare Subpart JÐFiling Tariff Publications for filing. or charge and a service which will be With Department substantially similar to the fares or § 221.94 Explanation and data supporting charges and the services of a competing § 221.90 Required notice. tariff changes and new matter in tariffs. carrier or carriers. (a) Statutory notice required. Unless When a tariff is filed with the (C) When new or changed matter is otherwise authorized by the Department Department which contains new or filed to meet competition over a portion or specified in a bilateral agreement changed local or joint fares or charges of the filing air carrier’s system and is between the United States and a foreign for foreign air transportation, or new or simultaneously made applicable to the country, all tariff filings shall be made changed classifications, rules, balance of the system, such matter, on the following schedule, whether or regulations, or practices affecting such insofar as it applies over the balance of not they effect any changes: fares or charges, or the value of the the system, will be deemed to be within (1) At least 30 days before they are to service thereunder, the issuing air the exception in this paragraph (c)(1)(iv) become effective, for tariffs stating a carrier, foreign air carrier, or agent shall of this section only if such carrier passenger fare within the zone created submit with the filing of such tariff: submits an explanation as to the by section 41509(e) of the statute or (a) An explanation of the new or necessity of maintaining uniformity stating a rule that affects only such a changed matter and the reasons for the over its entire system with respect to fare; filing, including (if applicable) the basis such new or changed matter.

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(D) In any case where new or changed tariff which the Department has governs and in most cases limits the liability matter is filed to meet competition, the authorized to be filed on shorter notice of carriers to passengers for death or personal filing carrier or agent must supply, as shall be posted by the carrier on like injury to approximately $10,000. part of the filing justification, the notice as authorized for filing. Additional protection can usually be complete tariff references which will obtained by purchasing insurance from a private company. Such insurance is not serve to identify the competing tariff § 221.102 Accessibility of tariffs to the public. affected by any limitation of the carrier’s matter which the tariff purports to meet. Each file of tariffs shall be kept in liability under the Warsaw Convention. For In such case the justification or further information please consult your attachment shall state whether the new complete and accessible form. airline or insurance company representative. or changed matter is identical to the Employees of the carrier shall be (2) Provided, however, That when the competing tariff matter which it required to give any desired information carrier elects to agree to a higher limit purports to meet or whether it contained in such tariffs, to lend of liability to passengers than that approximates the competing tariff assistance to seekers of information provided in Article 22(1) of the Warsaw matter. If the new or changed matter is therefrom, and to afford inquirers Convention, such statement shall be not identical, the transmittal letter or opportunity to examine any of such modified to reflect the higher limit. The attachment shall contain a statement tariffs without requiring the inquirer to statement prescribed herein shall be explaining, in reasonable detail, the assign any reason for such desire. printed in type at least as large as 10- basis for concluding that the tariff § 221.103 Notice of tariff terms. point modern type and in ink publication being filed is substantially contrasting with the stock on: similar to the competing tariff matter. Each carrier shall cause to be (2) [Reserved] displayed continuously in a (i) Each ticket; conspicuous public place at each (ii) A piece of paper either placed in Subpart KÐAvailability of Tariff station, office, or location at which the ticket envelope with the ticket or Publications for Public Inspection tariffs are required to be posted, a notice attached to the ticket; or printed in large type reading as follows: (iii) The ticket envelope. § 221.100 Public notice of tariff (b) Each air carrier and foreign air Public Inspection of Tariffs information. carrier which, to any extent, avails itself Carriers must make tariff information All the currently effective passenger tariffs of the limitation on liability to available to the general public, and in so to which this company is a party and all passengers provided by the Warsaw passenger tariff publications which have doing must comply with either: Convention, shall also cause to be (a) Sections 221.101, 221.102, been issued but are not yet effective are on file in this office, so far as they apply to displayed continuously in a 221.103, 221.104, 221.105, and 221.106, traffic from or to. (Here name the point.) conspicuous public place at each desk, or These tariffs may be inspected by any person station, and position in the United (b) Sections 221.105, 221.106 and upon request and without the assignment of States which is in the charge of a person 221.107 of this subpart. any reason for such inspection. The employed exclusively by it or by it employees of this company on duty in this § 221.101 Inspection at stations, offices, or jointly with another person, or by any office will lend assistance in securing locations other than principal or general agent employed by such air carrier or information from the tariffs. office. foreign air carrier to sell tickets to In addition, a complete file of all tariffs of (a) Each carrier shall make available this company, with indexes thereof, is passengers whose transportation may be for public inspection at each of its maintained and kept available for public governed by the Warsaw Convention stations, offices, or other locations at inspection at. (Here indicate the place or and whose place of departure or which tickets for passenger places where complete tariff files are destination may be in the United States, transportation are sold and which is in maintained, including the street address, and a sign which shall have printed thereon charge of a person employed exclusively where appropriate, the room number.) the statement prescribed in paragraph by the carrier, or by it jointly with § 221.105 Special notice of limited liability (a) of this section: Provided, however, another person, all tariffs applicable to for death or injury under the Warsaw That an air carrier, except an air taxi passenger traffic from or to the point Convention. operator subject to part 298 of this where such station, office, or location is (a)(1) In addition to the other subchapter, or foreign air carrier which situated, including tariffs covering any requirements of this subpart, each air provides a higher limitation of liability terminal services, charges, or practices carrier and foreign air carrier which, to than that set forth in the Warsaw whatsoever, which apply to passenger any extent, avails itself of the limitation Convention and has signed a traffic from or to such point. on liability to passengers provided by counterpart of the agreement among (b) A carrier will be deemed to have the Warsaw Convention, shall, at the carriers providing for such higher limit, complied with the requirement that it time of delivery of the ticket, furnish to which agreement was approved by the ‘‘post’’ tariffs, if it maintains at each each passenger whose transportation is Civil Aeronautics Board by Order E– station, office, or location a file in governed by the Convention and whose 23680, dated May 13, 1966 (31 FR 7302, complete form of all tariffs required to place of departure or place of May 19, 1966), may use the alternate be posted; and in the case of tariffs destination is in the United States, the form of notice set forth in the proviso to involving passenger fares, rules, charges following statement in writing: § 221.106(a) of this chapter in full or practices, notice to the passenger as compliance with the posting Advice to International Passengers on requirements of this paragraph. And required in § 221.105. Limitations of Liability (c) Tariffs shall be posted by each provided further, That an air taxi carrier party thereto no later than the Passengers embarking upon a journey operator subject to part 298 of this filed date designated thereon except that involving an ultimate destination or a stop in subchapter, which provides a higher a country other than the country of departure in the case of carrier stations, offices or are advised that the provisions of a treaty limitation of liability than that set forth locations situated outside the United known as the Warsaw Convention may be in the Warsaw Convention and has States, its territories and possessions, applicable to their entire journey including signed a counterpart of the agreement the time shall be not later than five days the portion entirely within the countries of among carriers providing for such after the filed date, and except that a departure and destination. The Convention higher limit, which agreement was

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 40666 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations approved by the Civil Aeronautics is limited to approximately $9.07 per pound Department upon application and Board by Order E–23680, dated May 13, for checked baggage and $400 per passenger showing by the carrier that special and 1966 (31 FR 7302, May 19, 1966), may for unchecked baggage unless a higher value unusual circumstances render the use the following notice in the manner is declared and an extra charge is paid. enforcement of the regulations Special rules may apply to valuable articles. impractical and unduly burdensome prescribed by this paragraph in full See the notice with your tickets or consult compliance with the posting your airline or travel agent for further and that adequate alternative means of requirements of this paragraph. Such information. giving notice are employed. statements shall be printed in bold faced (f) Applications for relief under type at least one-fourth of an inch high. (3) Provided, however, That carriers paragraphs (d) and (e) of this section may include in the notice the shall be filed with the Department’s Advice to International Passengers on parenthetical phrase ‘‘($20.00 per kilo)’’ Limitation of Liability Office of International Aviation not later after the phrase ‘‘$9.07 per pound’’ in Passengers traveling to or from a foreign than 15 days before the date on which referring to the baggage liability such relief is requested to become country are advised that airline liability for limitation for most international travel. death or personal injury and loss or damage effective. to baggage may be limited by the Warsaw Such statements shall be printed in (g) Notwithstanding any other Convention and tariff provisions. See the bold-face type at least one-fourth of an provisions of this section, no air taxi notice with your ticket or contact your airline inch high and shall be so located as to operator subject to part 298 of this ticket office or travel agent for further be clearly visible and clearly readable to subchapter shall be required to give the information. the traveling public. notices prescribed in this section, either § 221.106 Notice of limited liability for (b)(1) Each air carrier and foreign air in its capacity as an air carrier or in its baggage; alternative consolidated notice of carrier which, to any extent, avails itself capacity as an agent for an air carrier or liability limitations. of limitations of liability for loss of, foreign air carrier. damage to, or delay in delivery of, (a)(1) Each air carrier and foreign air § 221.107 Notice of contract terms. carrier which, to any extent, avails itself baggage shall include on or with each of limitations on liability for loss of, ticket issued in the United States or in (a) Terms incorporated in the contract damage to, or delay in delivery of a foreign country by it or its authorized of carriage. (1) A ticket, or other written baggage shall cause to be displayed agent, the following notice printed in at instrument that embodies the contract of continuously in a conspicuous public least 10 point type: carriage for foreign air transportation place at each desk, station, and position Notice of Baggage Liability Limitations shall contain or be accompanied by notice to the passenger as required in in the United States which is in the For most international travel (including charge of a person employed exclusively domestic portions of international journeys) paragraphs (b) and (d) of this section. (2) Each carrier shall make the full by it or by it jointly with another liability for loss, delay, or damage to baggage text of all terms that are incorporated in person, or by any agent employed by is limited to approximately $9.07 per pound a contract of carriage readily available such air carrier or foreign air carrier to for checked baggage and $400 per passenger for public inspection at each airport or sell tickets to persons or accept baggage for unchecked baggage unless a higher value is declared in advance and additional charges other ticket sales office of the carrier: for checking, a sign which shall have are paid. Excess valuation may not be Provided, That the medium, i.e., printed printed thereon the following statement: declared on certain types of valuable articles. or electronic, in which the incorporated Notice of Limited Liability for Baggage Carriers assume no liability for fragile or terms and conditions are made available For most international travel (including perishable articles. Further information may to the consumer shall be at the be obtained from the carrier. domestic portions of international journeys) discretion of the carrier. liability for loss, delay, or damage to baggage (2) Provided, however, That carriers (3) Each carrier shall display is limited to approximately $9.07 per pound may include in their ticket notice the continuously in a conspicuous public for checked baggage and $400 per passenger parenthetical phrase ‘‘($20.00 per kilo)’’ for unchecked baggage unless a higher value place at each airport or other ticket sales is declared and an extra charge is paid. after the phrase ‘‘$9.07 per pound’’ in office of the carrier a notice printed in Special rules may apply for valuables. referring to the baggage liability large type reading as follows: Consult your carrier for details. limitation for most international travel. Explanation of Contract Terms (c) It shall be the responsibility of (2) Provided, however, That an air All passenger (and/or cargo as applicable) carrier or foreign air carrier which each carrier to insure that travel agents contract terms incorporated into the contract provides a higher limitation of liability authorized to sell air transportation for of carriage to which this company is a party for death or personal injury than that set such carrier comply with the notice are available in this office. These provisions forth in the Warsaw Convention and has provisions of paragraphs (a) and (b) of may be inspected by any person upon request this section. and for any reason. The employees of this signed a counterpart of the agreement office will lend assistance in securing approved by the Civil Aeronautics (d) Any air carrier or foreign air carrier subject to the provisions of this information, and explaining any terms. Board by Order E–23680, dated May 13, In addition, a file of all tariffs of this 1966 (31 FR 7302, May 19, 1966), may section which wishes to use a notice of company, with indexes thereof, from which use the following notice in full limited liability for baggage of its own incorporated contract terms may be obtained compliance with the posting wording, but containing the substance is maintained and kept available for public requirements of this paragraph and of of the language prescribed in paragraphs inspection at. (Here indicate the place or places where tariff files are maintained, § 221.105(b): (a) and (b) of this section may substitute a notice of its own wording upon including the street address and, where Advice to Passengers on Limitations of approval by the Department. appropriate, the room number.) Liability (e) The requirements as to time and (4) Each carrier shall provide to the Airline liability for death or personal method of delivery of the notice passenger a complete copy of the text of injury may be limited by the Warsaw (including the size of type) specified in any/all terms and conditions applicable Convention and tariff provisions in the case of travel to or from a foreign country. paragraphs (a) and (b) of this section to the contract of carriage, free of charge, For most international travel (including and the requirement with respect to immediately, if feasible, or otherwise domestic portions of international journeys) travel agents specified in paragraph (c) promptly by mail or other delivery liability for loss, delay or damage to baggage of this section may be waived by the service, upon request at any airport or

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations 40667 other ticket sales office of the carrier. In carrier to raise the price or impose more (b) Grounds for approval. The addition, all other locations where the restrictive conditions of contract after following facts and circumstances carrier’s tickets may be issued shall issuance of the ticket. constitute some of the grounds for have available at all times, free of approving applications for Special Tariff charge, information sufficient to enable § 221.108 Transmission of tariff filings to Permission in the absence of other facts subscribers. the passenger to request a copy of such and circumstances warranting denial: term(s). (a) Each carrier required to file tariffs (1) Clerical or typographical errors. (b) Notice of incorporated terms. Each in accordance with this part shall make Clerical or typographical errors in tariffs carrier and ticket agent shall include on available to any person so requesting a constitute grounds for approving or with a ticket or other written subscription service as described in applications for Special Tariff instrument given to the passenger, that paragraph (b) of this section for its Permission to file on less than statutory embodies the contract of carriage, a passenger tariffs issued by it or by a notice the tariff changes necessary to conspicuous notice that: publishing agent on its behalf. correct such errors. Each application for (1) The contract of carriage may (b) Under the required subscription Special Tariff Permission based on such incorporate terms and conditions by service one copy of each new tariff grounds shall plainly specify the errors reference; passengers may inspect the publication, including the justification and contain a complete statement of all full text of each applicable incorporated required by § 221.94, must be the attending facts and circumstances, term at any of the carrier’s airport transmitted to each subscriber thereto and such application shall be presented locations or other ticket sales offices of by first-class mail (or other equivalent to the Department with reasonable the carrier; and passengers, shippers means agreed upon by the subscriber) promptness after issuance of the and consignees have the right to receive, not later than one day following the defective tariff. upon request at any airport or other time the copies for official filing are (2) Rejection caused by clerical or ticket sales office of the carrier, a free transmitted to the Department. The typographical errors or unintelligibility. copy of the full text of any/all such subscription service described in this Rejection of a tariff caused by clerical or terms by mail or other delivery service; section shall not preclude the offering of typographical errors constitute grounds (2) The incorporated terms may additional types of subscription services for approving applications for Special include, among others, the terms shown by carriers or their agents. Tariff Permission to file on less than in paragraphs (b)(2) (i) through (iv) of (c) The carriers or their publishing statutory notice, effective not earlier this section. Passengers may obtain a agents at their option may establish a than the original effective dates in the concise and immediate explanation of charge for providing the required rejected tariff, all changes contained in the terms shown in paragraphs (b)(2) (i) subscription service to subscribers: the rejected tariff but with the errors through (iv) of this section from any Provided, That the charge may not corrected. Each application for the grant location where the carrier’s tickets are exceed a reasonable estimate of the of Special Tariff Permission based on sold. added cost of providing the service. such grounds shall plainly specify the (i) Limits on the carrier’s liability for errors and contain a complete statement personal injury or death of passengers Subpart LÐRejection of Tariff of all the attending facts and (subject to § 221.105), and for loss, Publications circumstances, and such application damage, or delay of goods and baggage, shall be filed with the Department § 221.110 Department's authority to reject. including fragile or perishable goods. within five days after receipt of the (ii) Claim restrictions, including time The Department may reject any tariff Department’s notice of rejection. periods within which passengers must which is not consistent with section (3) Newly authorized transportation. file a claim or bring an action against 41504 of the statute, with the The fact that the Department has newly the carrier for its acts or omissions or regulations in this part, or with authorized a carrier to perform foreign those of its agents. Department orders. air transportation constitutes grounds for approving applications for Special (iii) Rules about re-confirmations or § 221.111 Notification of rejection. reservations, check-in times, and refusal Tariff Permission to file on less than to carry. When a tariff is rejected, the issuing statutory notice the fares, rates, and (iv) Rights of the carrier and carrier or agent thereof will be notified other tariff provisions covering such limitations concerning delay or failure electronically or in writing that the tariff newly authorized transportation. to perform service, including schedule is rejected and of the reason for such (4) The fact that a passenger fare is changes, substitution of alternate carrier rejection. within a statutory or Department- or aircraft, and rerouting. § 221.112 Rejected tariff is void and must established zone of fare flexibility (c) Explanation of incorporated terms. not be used. constitutes grounds for approving an Each carrier shall ensure that any application for Special Tariff Permission A tariff rejected by the Department is passenger can obtain from any location to file a tariff stating that fare and any void and is without any force or effect where its tickets are sold or any similar rules affecting them exclusively, on less whatsoever. Such rejected tariff must documents are issued, a concise and than statutory notice. The Department’s not be used. immediate explanation of any term policy on approving such applications incorporated concerning the subjects Subpart MÐSpecial Tariff Permission is set forth in § 399.35 of this chapter. listed in paragraph (b)(2) or identified in To File on Less Than Statutory Notice (5) Lowered fares and charges. The paragraph (d) of this section. prospective lowering of fares or charges (d) Direct notice of certain terms. A § 221.120 Grounds for approving or to the traveling public constitutes passenger must receive conspicuous denying Special Tariff Permission grounds for approving an application for written notice, on or with the ticket, or applications. Special Tariff Permission to file on less other similar document, of the salient (a) General authority. The Department than statutory notice a tariff stating the features of any terms that restrict may permit changes in fares, charges or lowered fares or charges and any rules refunds of the price of the other tariff provisions on less than the affecting them exclusively. However, transportation, impose monetary statutory notice required by section the Department will not approve the penalties on customers, or permit a 41505 of the statute. application if the proposed tariff raises

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If it is not desired to manner acceptable to the Office of notice, an application for Special Tariff use the permission as granted, and International Aviation shall be used by Permission to file on less notice will not lesser or more extensive or different a carrier to give authority to another be approved. In any such instance a permission is desired, a new application carrier to issue and file with the petition for modification of the order for Special Tariff Permission Department tariffs which contain joint should be filed in the formal docket. conforming with § 221.121 in all fares or charges, including provisions respects and referring to the previous governing such fares or charges, § 221.121 How to prepare and file permission shall be filed. applying to, from, or via points served applications for Special Tariff Permission. by the carrier giving the concurrence. A (a) Form. Each application for Special § 221.123 Re-use of Special Tariff concurrence shall not be used as Tariff Permission to file a tariff on less Permission when tariff is rejected. authority to file joint fares or charges in than statutory notice shall conform to If a tariff containing matter issued which the carrier to whom the the requirements of § 221.212 if filed under Special Tariff Permission is concurrence is given does not electronically. rejected, the same Special Tariff participate, and it shall not be used as (b) Number of paper copies and place Permission may be used in a tariff authority to file local fares or charges. of filing. For paper format applications, issued in lieu of such rejected tariff (b) Number of copies. Each the original and one copy of each such provided that such re-use is not concurrence shall be prepared in application for Special Tariff precluded by the terms of the Special triplicate. The original of each Permission, including all exhibits Tariff Permission, and is made within concurrence shall be filed with the thereto and amendments thereof, shall the time limit thereof or within seven Department, the duplicate thereof shall be sent to the Office of International days after the date of the Department’s be given to the carrier in whose favor Aviation, Department of Transportation, notice of rejection, whichever is later, the concurrence is issued, and the third Washington, DC 20590. but in no event later than fifteen days copy shall be retained by the carrier (c) Who may make application. after the expiration of the time limit who issued the concurrence. Applications for Special Tariff specified in the Special Tariff (c) Conflicting authority to be Permission to file fares, or other tariff Permission. avoided. Care should be taken to avoid provisions on less than statutory notice giving authority to two or more carriers shall be made only by the issuing carrier Subpart NÐWaiver of Tariff which, if used, would result in or agent authorized to issue and file the Regulations conflicting or duplicate tariff provisions. proposed tariff. Such application by the § 221.130 Applications for waiver of tariff § 221.141 Method of revoking issuing carrier or agent will constitute regulations. concurrence. application on behalf of all carriers Applications for waiver or (a) A concurrence may be revoked by participating in the proposed fares, or modification of any of the requirements filing with the Department a Notice of other tariff provisions. of this part 221 or for modification of Revocation of Concurrence prepared in (d) When notice is required. Notice in chapter 415 of the statute with respect a form acceptable to the Office of the manner set forth in paragraph (e) of to the filing and posting of tariffs shall International Aviation. this section is required when a carrier be made by the issuing carrier or issuing (b) Sixty days’ notice required. Such files an application for Special Tariff agent. Notice of Revocation of Concurrence Permission: shall be filed on not less than sixty days’ (1) To offer passenger fares that would § 221.131 Form of application for waivers. notice to the Department. A Notice of be outside a Department-established Applications for waivers shall be in Revocation of Concurrence will be zone of price flexibility or, in markets the form of a letter addressed to the deemed to be filed only upon its actual for which the Department has not Office of International Aviation, receipt by the Department, and the established such a zone, outside the Department of Transportation period of notice shall commence to run statutory zone of price flexibility; or Washington, DC 20590, and shall: only from such actual receipt. (2) To file any price increase or rule (a) Specify (by section and paragraph) (c) Number of copies. Each Notice of change that the carrier believes is likely the particular regulation which the Revocation of Concurrence shall be to be controversial. applicant desires the Department to prepared in triplicate. The original (e) Form of notice. When notice of waive. thereof shall be filed with the filing of a Special Tariff Permission (b) Show in detail how the proposed Department and, at the same time that application affecting passenger fares is provisions will be shown in the tariff the original is transmitted to the required by paragraph (d) of this under authority of such waiver if Department, the duplicate thereof shall section, the carrier shall, when it files granted (submitting exhibits of the be sent to the carrier to whom the the application, give immediate proposed provision where necessary to concurrence was given. The third copy telegraphic notice or other notice clearly show this information). shall be retained by the carrier issuing approved by the Office of International (c) Set forth all facts and such notice. Aviation, to all certificated and foreign circumstances on which the applicant (d) Amendment of tariffs when route carriers authorized to provide relies as warranting the Department’s concurrence revoked. When a nonstop or one-stop service in the granting the authority requested. No concurrence is revoked, a corresponding markets involved, and to civic parties tariff or other documents shall be filed amendment of the tariff or tariffs that would be substantially affected. pursuant to such application prior to the affected shall be made by the issuing The application shall include a list of Department’s granting the authority carrier of such tariffs, on not less than the parties notified. requested. statutory notice, to become effective not

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Such revocation canceled. shall be retained by the carrier who notice shall include reference to the issued the power of attorney. new power of attorney. § 221.142 Method of withdrawing portion (d) Conflicting authority prohibited. In of authority conferred by concurrence. giving powers of attorney, carriers shall Subpart QÐAdoption Publications If a carrier desires to issue a not give authority to two or more agents Required To Show Change in Carrier's concurrence conferring less authority which, if used, would result in Name or Transfer of Operating Control than a previous concurrence given to conflicting or duplicate tariff provisions. the same carrier, the new concurrence § 221.160 Adoption notice. shall not direct the cancellation of such § 221.151 Method of revoking power of (a) When the name of a carrier is previous concurrence. In such attorney. changed or when its operating control is circumstances, such previous (a) A power of attorney may be transferred to another carrier (including concurrence shall be revoked by issuing revoked only by filing with the another company which has not and filing a Notice of Revocation of Department in the manner specified in previously been a carrier), the carrier Concurrence in a form acceptable to the this section a Notice of Revocation of which will thereafter operate the Office of International Aviation. Such Power of Attorney in a form acceptable properties shall immediately issue, file revocation notice shall include to the Office of International Aviation. with the Department, and post for reference to the new concurrence. (b) Sixty days’ notice required. Such public inspection, an adoption notice in Notice of Revocation of Power of a form and containing such information Subpart PÐGiving and Revoking Attorney shall be filed on not less than as is approved by the Office of Powers of Attorney to Agents sixty days’ notice to the Department. A International Aviation. (The carrier Notice of Revocation of Power of § 221.150 Method of giving power of under its former name or the carrier attorney. Attorney will be deemed to be filed only from whom the operating control is upon its actual receipt by the transferred shall be referred to in this (a) Prescribed form of power of Department, and the period of notice subpart as the ‘‘former carrier’’, and the attorney. A power of attorney prepared shall commence to run only from such carrier under its new name or the in accordance with a form acceptable to actual receipt. carrier, company, or fiduciary to whom the Office of International Aviation shall (c) Number of copies. Each Notice of the operating control is transferred shall be used by a carrier to give authority to Revocation of Power of Attorney shall be referred to in this subpart as the an agent and (in the case of the agent be prepared in triplicate. The original ‘‘adopting carrier’’.) being an individual) such agent’s thereof shall be filed with the (b) The adoption notice shall be alternate to issue and file with the Department and, at the same time that prepared, filed, and posted as a tariff. Department tariffs which contain local the original is transmitted to the The adoption notice shall be issued and or joint fares or charges, including Department, the duplicate thereof shall filed by the adopting carrier and not by provisions governing such fares or be sent to the agent in whose favor the an agent. charges, applicable via and for account power of attorney was issued (except, if (c) Copies to be sent to agents and of such carrier. Agents may be only the alternate agent has taken over the other carriers. At the same time that the natural persons or corporations (other tariffs, the duplicate of the Notice of adoption notice is transmitted to the than incorporated associations of air Revocation of Power of Attorney shall Department for filing, the adopting carriers). The authority conferred in a be sent to the alternate agent). The third carrier shall send copies of such power of attorney may not be delegated copy of the notice shall be retained by adoption notice to each agent and to any other person. the carrier. carrier to whom the former carrier has (b) Designation of tariff issuing person (d) Amendment of tariffs when power given a power of attorney or by corporate agent. When a corporation of attorney is revoked. When a power of concurrence. (See § 221.163.) has been appointed as agent it shall attorney is revoked, a corresponding forward to the Department a certified amendment of the tariff or tariffs § 221.161 Notice of adoption to be filed in excerpt of the minutes of the meeting of affected shall be made by the issuing former carrier's tariffs. its Board of Directors designating by agent of such tariffs, on not less than At the same time that the adoption name and title the person responsible statutory notice, to become effective not notice is issued, posted, and filed for issuing tariffs and filing them with later than the effective date stated in the pursuant to § 221.160, the adopting the Department. Only one such person Notice of Revocation of Power of carrier shall issue, post and file with the may be designated by a corporate agent, Attorney. In the event of failure to so Department a notice in each effective and the title of such designee shall not amend the tariff or tariffs, the provisions tariff issued by the former carrier contain the word ‘‘Agent’’. When such therein shall remain applicable until providing specific notice of the a designee is replaced the Department lawfully canceled. adoption in a manner authorized by the shall be immediately notified in like Office of International Aviation and manner of his successor. An officer or § 221.152 Method of withdrawing portion which shall contain no matter other employee of an incorporated tariff- of authority conferred by power of attorney. than that authorized. publishing agent may not be authorized If a carrier desires to issue a power of to act as tariff agent in his/her attorney conferring less authority than a § 221.162 Receiver shall file adoption individual capacity. Every tariff issued previous power of attorney issued in notices. by a corporate agent shall be issued in favor of the same agent, the new power A receiver shall, immediately upon its name as agent. of attorney shall not direct the assuming control of a carrier, issue and (c) Number of copies. Each power of cancellation of such previous power of file with the Department an adoption attorney shall be prepared in triplicate. attorney. In such circumstances, such notices as prescribed by §§ 221.160 and

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221.161 and shall comply with the upon the notice required by §§ 221.141 received approval of, an application requirements of this subpart. and 221.151. containing the following commitments: (c) Reissue of other carriers’ (1) The filer shall file tariffs § 221.163 Agents' and other carriers' concurrences issued in favor of former electronically only in such format as tariffs shall reflect adoption. carrier. Each carrier which has given a shall be agreed to by the filer and the If the former carrier is shown as a concurrence to a carrier whose tariffs Department. (The filer shall include participating carrier under concurrence are subsequently adopted shall reissue with its application a proposed format in tariffs issued by other carriers or is the concurrence in favor of the adopting of tariff. The filer shall also submit to shown as a participating carrier under carrier. If the carrier which issued the the Department all information power of attorney in tariffs issued by concurrence to the former carrier desires necessary for the Department to agents, the issuing carriers and agents of to revoke it or desires to replace it with determine that the proposed format will such tariffs shall, upon receipt of the a concurrence conferring less authority, accommodate the data elements set adoption notice, promptly file on the provisions of §§ 221.141 and forth in § 221.202.) statutory notice the following 221.142 shall be observed. (2) The filer shall provide, maintain amendments to their respective tariffs: and install in the Public Reference § 221.165 Cessation of operations without (a) Cancel the name of the former Room at the Department (as may be successor. required from time to time) one or more carrier from the list of participating If a carrier ceases operations without carriers. CRT devices and printers connected to having a successor, it shall: its on-line tariff database. The filer shall (b) Add the adopting carrier (in (a) File a notice in each tariff of its be responsible for the transportation, alphabetical order) to the list of own issue and cancel such tariff in its installation, and maintenance of this participating carriers. If the adopting entirety. equipment and shall agree to indemnify carrier already participates in such (b) Revoke all powers of attorney and and hold harmless the Department and tariff, reference to the substitution concurrences which it has issued. the U.S. Government from any claims or notice shall be added in connection Subpart RÐElectronically Filed Tariffs liabilities resulting from defects in the with such carrier’s name in the list of equipment, its installation or participating carriers. § 221.170 Applicability of the subpart. maintenance. § 221.164 Concurrences or powers of (a) Every air carrier and foreign air (3) The filer shall provide public attorney to be reissued. carrier shall file its international access to its on-line tariff database, at Departmental headquarters, during (a) Adopting carrier shall reissue passenger fares tariffs consistent with the provisions of this subpart, and part normal business hours. adopted concurrences and powers of (4) The access required at attorney. Within a period of 120 days 221 generally. Additionally, any air carrier and any foreign air carrier may Departmental headquarters by this after the date on which the change in subpart shall be provided at no cost to name or transfer of operating control file its international passenger rules tariffs electronically in machine- the public or the Department. occurs, the adopting carrier shall reissue (5) The filer shall provide the all effective powers of attorney and readable form as an alternative to the filing of printed paper tariffs as Department access to its on-line tariff concurrences of the former carrier by database 24 hours a day, 7 days a week, issuing and filing new powers of provided for elsewhere in part 221. This subpart applies to all carriers and tariff except, that the filer may bring its attorney and concurrences, in the computer down between 6:00 a.m. and adopting carrier’s name, which shall publishing agents and may be used by either if the carrier or agent complies 6:00 p.m. Eastern Standard Time or direct the cancellation of the respective Eastern Daylight Saving Time, as the powers of attorney and concurrences of with the provisions of subpart R. Any carrier or agent that files electronically case may be, on Sundays, when the former carrier. The adopting carrier necessary, for maintenance or for shall consecutively number its powers under this subpart must transmit to the Department the remainder of the tariff operational reasons. of attorney and concurrences in its own (6) The filer shall ensure that the in a form consistent with part 221, series of power of attorney numbers and Department shall have the sole ability to Subparts A through Q, on the same day concurrence numbers (commencing approve or disapprove electronically that the electronic tariff would be with No. 1 in each series if it had not any tariff filed with the Department and previously filed any such instruments deemed received under § 221.190(b). (b) To the extent that subpart R is the ability to note, record and retain with the Department), except that a electronically the reasons for approval receiver or other fiduciary shall inconsistent with the remainder of part 221, subpart R shall govern the filing of or disapproval. The carrier or agent consecutively number its powers of shall not make any changes in data or attorney or concurrences in the series of electronic tariffs. In all other respects, part 221 remains in full force and effect. delete data after it has been transmitted the former carrier. The cancellation electronically, regardless of whether it is reference shall show that the canceled § 221.180 Requirements for electronic approved, disapproved, or withdrawn. power of attorney or concurrence was filing of tariffs. The filer shall be required to make data issued by the former carrier. (a) No carrier or filing agent shall file fields available to the Department in any (b) If such new powers of attorney or an electronic tariff unless, prior to filing, record which is part of the on-line tariff concurrences confer less authority than it has signed a maintenance agreement database. the powers of attorney or concurrences or agreements, furnished by the (7) The filer shall maintain all fares which they are to supersede, the new Department of Transportation, for the and rules filed with the Department and issues shall not direct the cancellation maintenance and security of the on-line all Departmental approvals, of the former issues; in such instances, tariff database. disapprovals and other actions, as well the provisions of §§ 221.142 and (b) No carrier or agent shall file an as all Departmental notations 221.152 shall be observed. Concurrences electronic tariff unless, prior to filing, it concerning such approvals, and powers of attorney which will not has submitted to the Department’s disapprovals or other actions, in the on- be replaced by new issues shall be Office of International Aviation, Pricing line tariff database for a period of two revoked in the form and manner and and Multilateral Affairs Division, and (2) years after the fare or rule becomes

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Government is a party. to in advance as provided for in (8) The filer shall ensure that its on- § 221.180, and must include those data line tariff database is secure against § 221.190 Time for filing and computation elements set forth in § 221.202. Those destruction or alteration (except as of time periods. portions that are filed in paper form authorized by the Department), and (a) A tariff, or revision thereto, or a shall comply in all respects with part against tampering. special tariff permission application 221, subparts A through Q. (9) Should the filer terminate its may be electronically filed with the (b) Explanation of abbreviations, business or cease filing tariffs, it shall Department immediately upon reference marks and symbols. provide to the Department on a compliance with § 221.180, and anytime Abbreviations, reference marks and machine-readable tape or any other thereafter, subject to § 221.400. The symbols which are used in the tariff mutually acceptable electronic medium, actual date and time of filing shall be shall be explained in each tariff. contemporaneously with the cessation noted with each filing. (1) The following symbols shall be of such business, a complete copy of its (b) For the purpose of determining the used: on-line tariff database. date that a tariff, or revision thereto, R—Reduction (10) The filer shall furnish to the filed pursuant to this subpart, shall be I—Increase Department, on a daily basis, on a deemed received by the Department: N—New Matter machine-readable tape or any other (1) For all electronic tariffs, or X—Canceled Matter mutually acceptable electronic medium, revisions thereto, filed before 5:30 p.m. C—Change in Footnotes, Routings, Rules or all transactions made to its on-line tariff Zones local time in Washington, DC, on E—Denotes change in Effective Date only. database. Federal business days, such date shall (11) The filer shall afford any be the actual date of filing. (2) Other symbols may be used only authorized Departmental official full, (2) For all electronic tariffs, or when an explanation is provided in free, and uninhibited access to its revisions thereto, filed after 5:30 p.m. each tariff and such symbols are facilities, databases, documentation, local time in Washington, DC, on consistent throughout all the records, and application programs, Federal business days, and for all electronically filed tariffs from that time including support functions, electronic tariffs, or revisions thereto, forward. environmental security, and accounting filed on days that are not Federal § 221.201 Statement of filing with foreign data, for the purpose of ensuring business days, such date shall be the governments to be shown in air carrier's continued effectiveness of safeguards next Federal business day. tariff filings. against threats and hazards to the (a) Every electronic tariff filed by or security or integrity of its electronic § 221.195 Requirement for filing printed material. on behalf of an air carrier that contains tariffs, as defined in this subpart. fares which, by international convention (a) Any tariff, or revision thereto, filed (12) The filer must provide a field in or agreement entered into between any in paper format which accompanies, the Government Filing File for the other country and the United States, are governs, or otherwise affects, a tariff signature of the approving U.S. required to be filed with that country, filed electronically, must be received by Government Official through the use of shall include the following statement: a Personal Identification Number (PIN). the Department on the same date that a (13) The filer shall provide a leased tariff or revision thereto, is filed The rates, fares, charges, classifications, dedicated data conditioned circuit with electronically with the Department rules, regulations, practices, and services under § 221.190(b). Further, such paper provided herein have been filed in each sufficient capacity (not less than 28.8K country in which filing is required by treaty, baud rate) to handle electronic data tariff, or revision thereto, shall be filed convention, or agreement entered into transmissions to the Department. in accordance with the requirements of between that country and the United States, Further, the filer must provide for a subparts A through Q of part 221. No in accordance with the provisions of the secondary or a redundancy circuit in the tariff or revision thereto, filed applicable treaty, convention, or agreement. electronically under this subpart, shall event of the failure of the dedicated (b) The statement referenced in contain an effective date which is at circuit. The secondary or redundancy § 221.201(a) may be included with each variance with the effective date of the circuit must be equal to or greater than filing advice by the inclusion of a supporting paper tariff, except as 14.4K baud rate. In the event of a failure symbol which is properly explained. authorized by the Department. of the primary circuit the filer must (c) The required symbol may be notify the Chief of the Pricing and (b) Any printed justifications, or other omitted from an electronic tariff or Multilateral Affairs Division of the information accompanying a tariff, or portion thereof if the tariff publication Department’s Office of International revision thereto, filed electronically that has been filed with any other Aviation, as soon as possible, after the under this subpart, must be received by country pursuant to its tariff regulations failure of the primary circuit, but not the Department on the same date as any bears a tariff filing designation of that later than two hours after failure, and tariff, or revision thereto, filed country in addition to the D.O.T. must provide the name of the contact electronically. number appearing on the tariff. person at the telephone company who (c) If a filer submits a filing which has the responsibility for dealing with fails to comply with paragraph (a) of § 221.202 The filing of tariffs and the problem. this section, or if the filer fails to submit amendments to tariffs. (c) Each time a filer’s on-line tariff the information in conformity with All electronic tariffs and amendments database is accessed by any user during paragraph (b) of this section, the filing filed under this subpart, including those the sign-on function the following will be subject to rejection, denial, or for which authority is sought to effect statement shall appear: disapproval, as applicable. changes on less than bilateral/statutory

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(7) Reference to the Special Tariff changes; (9) Routing (RG) Number(s), provided Permission when applicable. (E) Capacity Control: Specific that the abbreviation MPM (Maximum (b) A Government Filing File—which description of any limitation on the Permissible Routing) shall be shall include: number of passengers, available seats, or considered a number for the purpose of (1) Filing advice number; tickets; this file; (2) Carrier reference; (F) Combinations: Specific (10) Effective Date; (3) Filing date and time; description of permitted/restricted fare (11) Discontinue Date; (4) Proposed effective date; combinations; (12) Government Action; (5) Justification text; reference to (G) Length of Stay: Specific (13) Carrier; geographic area and affected tariff description of minimum/maximum (14) All inactive fares (two years); number; number of days before the passenger (15) Any other fare data which is (6) Reference to the Special Tariff may/must begin return travel; essential; and Permission when applicable; (H) Stopovers: Specific description of (16) Any necessary cross reference to (7) Government control data, permissible conditions, restrictions, or the Government Filing File for research including places for: charges on stopovers; or other purposes. (I) Routing: Specific description of (i) Name of the government analyst, § 221.203 Unique rule numbers required. except that this data shall not be made routing provisions, including transfer (a) Each ‘‘bundled’’ and ‘‘unbundled’’ public, notwithstanding any other provisions, whether on-line or inter- normal economy fare applicable to provision in this or any other subpart; line; (J) Discounts: Specific description of foreign air transportation shall bear a (ii) Action taken and reasons therefor. (iii) Remarks, except that internal any limitations, special conditions, and unique rule number. discounts on status fares, e.g. children (b) The unique rule numbers for the Departmental data shall not be made or infants, senior citizens, tour fares specified in this section shall be public, notwithstanding any other conductors, or travel agents, and any set by mutual agreement between the provision in this or any other subpart; other discounts; filer and the Department prior to the (iv) Date action is taken; and (K) Cancellation and Refunds: (v) Personal Identification Number; implementation of any electronic filing Specific description of any special and system. conditions, charges, or credits due for (8) Fares tariff, or proposed changes to cancellation or changes to reservations, § 221.204 Adoption of provisions of one the fares tariffs, including: or for request for refund of purchased carrier by another carrier. (i) Market; tickets; When one carrier adopts the tariffs of (ii) Fare code; (L) Group Requirements: Specific another carrier, the effective and (iii) One-way/roundtrip (O/R); description of group size, travel prospective fares of the adopted carrier (iv) Fare Amount; conditions, group eligibility, and shall be changed to reflect the name of (v) Currency; documentation; the adopting carrier and the effective (vi) Footnote (FN); (M) Tour Requirements: Specific date of the adoption. Further, each (vii) Rule Number, provided that, if description of tour requirements, adopted fare shall bear a notation which the rule number is in a tariff, reference including minimum price, and any stay shall reflect the name of the adopted shall be made to that tariff containing or accommodation provisions; carrier and the effective date of the the rule; (N) Sales Restrictions: Specific adoption, provided that any subsequent (viii) Routing (RG) Number(s), description of any restrictions on the revision of an adopted fare may omit the provided that the abbreviation MPM sale of tickets; notation. (Maximum Permissible Routing) shall (O) Rerouting: Specific description of be considered a number for the purpose rerouting provisions, whether on-line or § 221.205 Justification and explanation for of this file; inter-line, including any applicable certain fares. (ix) Effective date and discontinue charges; and Any carrier or its agent must provide, date if the record has been superseded; (P) Miscellaneous provisions: Any as to any new or increased bundled or (x) Percent of change from previous other applicable conditions. unbundled (whichever is lower) on- fares; and (ii) Rules tariffs shall not contain the demand economy fare in a direct-service (xi) Expiration date. phrase ‘‘intentionally left blank’’. market, a comparison between, on the (9) Rules tariff, or proposed changes (10) Any material accepted by the one hand, that proposed fare and, on the to the rules tariffs. Department for informational purposes other hand, the ceiling fare allowed in (i) Rules tariffs shall include: only shall be clearly identified as ‘‘for that market based on the SFFL. (A) Title: General description of fare informational purposes only, not part of rule type and geographic area under the official tariff’’, in a manner acceptable to § 221.206 Statement of fares. rule; the Department. All fares filed electronically in direct- (B) Application: Specific description (c) A Historical File—which shall service markets shall be filed as single of fare class, geographic area, type of include: factor fares.

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§ 221.210 Suspension of tariffs. (d) When the paper portion of a manner prescribed by subparts A (a) A fare, charge, rule or other tariff Special Tariff Permission that has been through Q of part 221. provision that is suspended by the filed with the Department pursuant to § 221.500 Transmission of electronic Department pursuant to section 41509 paragraph (b) of this section is tariffs to subscribers. of the statute shall be noted by the disapproved or other action is taken by (a) Each filer that files an electronic Department in the Government Filing the Department, such disapproval or tariff under this subpart shall make File and the Historical File. other action will be reflected on the next (b) When the Department vacates a consecutive revision of the affected available to any person so requesting, a tariff suspension, in full or in part, and tariff page(s) in the following manner: subscription service meeting the terms after notification of the carrier by the of paragraph (b) of this section. (1) Example of disapproval statement: (b) Under the required subscription Department, such event shall be noted The portion(s) of ll Revised Page ll service, remote access shall be allowed by the carrier in the Government Filing filed under EFA No. ll was/were to any subscriber to the on-line tariff File and the Historical File. disapproved by DOT. database, including access to the (c) When a tariff suspension is (2) Example of other action: justification required by § 221.205. The vacated or when the tariff becomes ll ll The portion(s) Revised Page filed subscription service shall not preclude effective upon termination of the under EFA No. ll was/were required to be the offering of additional services by the suspension period, the carrier or its amended by DOT. filer or its agent. agent shall refile the tariff showing the (e) When the Department disapproves (c) The filer at its option may effective date. in whole or in part or otherwise takes establish a charge for providing the § 221.211 Cancellation of suspended an action against any submission filed required subscription service to matter. under this part, the filer must take subscribers: Provided that the charge When, pursuant to an order of the corrective action within two business may not exceed a reasonable estimate of Department, the cancellation of rules, days following the disapproval or notice the added cost of providing the service. fares, charges, or other tariff provision is of other action. (d) Each filer shall provide to any required, such action shall be made by (f) All submissions under this section person upon request, a copy of the the carrier by appropriate revisions to shall comply with the requirements of machine-readable data (raw tariff data) the tariff. § 221.202. of all daily transactions made to its on- line tariff database. The terms and § 221.212 Special tariff permission. § 221.300 Discontinuation of electronic prices for such value-added service may tariff system. (a) When a filer submits an electronic be set by the filer: Provided that such tariff or an amendment to an electronic In the event that the electronic tariff terms and prices shall be non- tariff for which authority is sought to system is discontinued, or the source of discriminatory, i.e., that they shall be effect changes on less than bilateral/ the data is changed, or a filer substantially equivalent for all statutory notice, and no related tariff discontinues its business, all electronic similarly-situated persons. material is involved, the submission data records prior to such date shall be § 221.550 Copies of tariffs made from shall bear a sequential filing advice provided immediately to the Department, free of charge, on a filer's printer(s) located in Department's number. The submission shall appear in public reference room. the Government Filing File and the machine-readable tape or other Copies of information contained in a Filing Advice Status File, and shall be mutually acceptable electronic medium. filer’s on-line tariff database may be referenced in such a manner to clearly § 221.400 Filing of paper tariffs required. obtained by any user at Departmental indicate that such changes are sought to Headquarters from the printer or be made on less than bilateral/statutory (a) After approval of any application printers placed in Tariff Public notice. filed under § 221.180 of this subpart to Reference Room by the filer. The filer (b) When a filer submits an electronic allow a filer to file tariffs electronically, may assess a fee for copying, provided tariff or an amendment to the electronic the filer in addition to filing it is reasonable and that no tariff for which authority is sought to electronically must continue to file administrative burden is placed on the effect changes on less than bilateral/ printed tariffs as required by subparts A Department to require the collection of statutory notice, and it contains related through Q of part 221 for a period of 90 the fee or to provide any service in paper under § 221.195, the paper days, or until such time as the connection therewith. submission must bear the same filing Department shall deem such filing no advice number as that used for the longer to be necessary: Provided that § 221.600 Actions under assigned electronic submission. Such paper during the period specified by this authority and petitions for review of staff submission shall be in the form of a section the filed printed tariff shall action. revised tariff page rather than as a continue to be the official tariff. (a) When an electronically filed separate request for Special Tariff (b) Upon notification to the filer that record which has been submitted to the Permission. All material being it may commence to file its tariffs solely Department under this subpart, is submitted on a paper tariff page as part in an electronic mode, concurrently disapproved (rejected), or a special tariff of an electronic submission will clearly with the implementation of filing permission is approved or denied, indicate the portion(s) of such tariff electronically the filer shall: under authority assigned by the page that is being filed pursuant to, and (1) Furnish the Department with a Department of Transportation’s in conjunction with, the electronic copy of all the existing effective and Regulations, 14 CFR 385.13, such submission on less than bilateral/ prospective records on a machine- actions shall be understood to include statutory notice. readable tape or other mutually the following provisions: (c) Departmental action on the Special acceptable electronic medium (1) Applicable to a record or records Tariff Permission request shall be noted accompanied by an affidavit attesting to which is/are disapproved (rejected). The by the Department in the Government the accuracy of such records; and record(s) disapproved (rejected) is/are Filing File and the Filing Advice Status (2) Simultaneously cancel such void, without force or effect, and must File. records from the paper tariff in the not be used.

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(2) Applicable to a record or records passenger tariffs with the Department of some or all of their services between the which is/are disapproved (rejected), and Transportation, as required by 49 U.S.C. U.S. and third countries. to special tariff permissions which are 41504 and 14 CFR part 221, as follows: (d) Air carriers and foreign air carriers approved or denied. This action is taken (1) The Assistant Secretary for are exempted from the duty to file under authority assigned by the Aviation and International Affairs will, governing rules tariffs containing Department of Transportation in its by notice, issue and periodically update general conditions of carriage with the Organization Regulations, 14 CFR a list establishing the following Department of Transportation, as 385.13. Persons entitled to petition for categories of markets: required by 49 U.S.C. 41504 and 14 CFR review of this action pursuant to the (i) In Category A markets, carriers are part 221. A description of the general Department’s Regulations, 14 CFR exempted from the duty to file all conditions of carriage will be included 385.50, may file such petitions within passenger tariffs unless they are in the Assistant Secretary’s initial seven days after the date of this action. nationals of countries listed in Category notice. This action shall become effective C, or are subject to the provisions of (e) Notwithstanding paragraph (d) of immediately, and the filing of a petition paragraph (c) of this section. this section, air carriers and foreign air for review shall not preclude its (ii) In Category B markets, carriers are carriers shall file and maintain a tariff effectiveness. exempted from the duty to file all with the Department to the extent (b) [Reserved] passenger tariffs except those setting required by 14 CFR 203.4 and other forth one-way economy-class fares and implementing regulations. PART 250ÐOVERSALES governing provisions thereto, unless (f) Authority for determining what 2. The authority citation for part 250 they are nationals of countries listed in rules are covered by paragraph (d) of continues to read as follows: Category C, or are subject to the this section and for determining the provisions of paragraph (c) of this filing format for the tariffs required by Authority: 49 U.S.C. chapters 401, 411, section. 413, 417. paragraph (e) of this section is delegated (iii) In Category C markets, carriers to the Director of the Office of § 250.4 [Removed] shall continue to file all passenger International Aviation. 3. Section 250.4—Denied boarding tariffs, except as provided in § 293.10(b); 293.11 Required statement. compensation tariffs for foreign air (2) The Assistant Secretary will list transportation is removed. country-pair markets falling in Each governing rules tariff shall 4. A new part 293 is added as follows: Categories A and C, taking into include the following statements: consideration the factors in paragraphs (a) ‘‘Rules herein containing general PART 293ÐINTERNATIONAL (a)(2) (i) through (iv) of this section. All conditions of carriage are not part of the PASSENGER TRANSPORTATION country-pair markets not listed in official U.S. D.O.T. tariff.’’ Categories A or C shall be considered to (b) ‘‘The rules and provisions Subpart AÐGeneral be in Category B and need not be contained herein apply only to the Sec. specifically listed. passenger fares and charges that the U.S. 293.1 Applicability. (i) Whether the U.S. has an aviation Department of Transportation requires 293.2 Definitions. agreement in force with that country to be filed as tariffs.’’ Subpart BÐExemption From Filing of providing double-disapproval treatment Tariffs of prices filed by the carriers of the 293.12 Revocation of exemption. 293.10 Exemption. Parties; (a) The Department, upon complaint 293.11 Required statement. (ii) Whether the country’s or upon its own initiative, may, 293.12 Revocation of exemption. Government has disapproved or immediately and without hearing, Subpart CÐEffect of Exemption deterred U.S. carrier price leadership or revoke, in whole or in part, the matching tariff filings in any market; exemption granted by this part with 293.20 Rule of construction. (iii) Whether the country’s 293.21 Incorporation of contract terms by respect to a carrier or carriers, when reference. Government has placed significant such action is in the public interest. 293.22 Effectiveness of tariffs on file. restrictions on carrier entry or capacity (b) Any such action will be taken in Authority: 49 U.S.C. 40101, 40105, 40109, in any market; and a notice issued by the Assistant 40113, 40114, 41504, 41701, 41707, 41708, (iv) Whether the country’s Secretary for Aviation and International 41709, 41712, 46101; 14 CFR 1.56(j)(2)(ii). government is honoring the provisions Affairs, and will identify the tariff of the bilateral aviation agreement and matter to be filed, and the deadline for Subpart AÐGeneral there are no significant bilateral carrier compliance. problems. 293.1 Applicability. (c) Revocations under this section will (b) By notice of the Assistant have the effect of reinstating all This part applies to air carriers and Secretary, new country-pair markets foreign air carriers providing scheduled applicable tariff requirements and will be listed in the appropriate procedures specified in the transportation of passengers and their category, and existing country-pair baggage in foreign air transportation. Department’s Regulations for the tariff markets may be transferred between material to be filed, unless otherwise 293.2 Definitions. categories. specified by the Department. (c) Notwithstanding a determination For purposes of this part the that a country is in Category A or B, if definitions in § 221.3 of this chapter Subpart CÐEffect of Exemption the Assistant Secretary finds that apply. effective price leadership opportunities 293.20 Rule of construction. Subpart BÐExemption From Filing for U.S. carriers are not available To the extent that a carrier holds an Tariffs between that country and any third effective exemption from the duty to file country, carriers that are nationals of tariffs under this part, it shall not, 293.10 Exemption. such country may be required to file unless otherwise directed by order of (a) Air carriers and foreign air carriers tariffs, as provided under part 221 or as the Department, be subject to tariff are exempted from the duty to file otherwise directed in the notice, for posting, notification or subscription

VerDate 18-JUN-99 13:27 Jul 26, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\27JYR2.XXX pfrm03 PsN: 27JYR2 Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / Rules and Regulations 40675 requirements set forth in 49 U.S.C. passenger, and a passenger shall not be and 41510, and the provisions of 14 CFR 41504 or 14 CFR part 221, except as bound by incorporation of any contract part 221, and will be canceled by provided in § 293.21. term by reference under this part, unless operation of law. the requirements of paragraph (a), of 293.21 Incorporation of contract terms by (b) One hundred and eighty days after reference. this section are complied with, to the the date of effectiveness of the Assistant extent applicable; and Carriers holding an effective Secretary’s notice, pending applications exemption from the duty to file tariffs (c) The purpose of this section is to for filing and/or effectiveness of any under this part may incorporate contract set uniform disclosure requirements, passenger tariffs covered by the scope of terms by reference (i.e., without stating which preempt any State requirements the exemption, will be dismissed by their full text) into the passenger ticket on the same subject, for incorporation of operation of law. No new filings or or other document embodying the terms by reference into contracts of applications will be permitted after the contract of carriage for the scheduled carriage for the scheduled transportation date of effectiveness of the Assistant transportation of passengers in foreign of passengers in foreign air Secretary’s notice except as provided air transportation, provided that: transportation. under § 293.12. (a) The notice, inspection, 293.22 Effectiveness of tariffs on file. Issued in Washington, D.C. on July 16, explanation and other requirements set 1999. forth in 14 CFR 221.107, paragraphs (a), (a) One hundred and eighty days after (b), (c) and (d) are complied with, to the the date of effectiveness of the Assistant A. Bradley Mims, extent applicable; Secretary’s notice, passenger tariffs on Acting Assistant Secretary for Aviation and (b) In addition to other remedies at file with the Department covered by the International Affairs. law, a carrier may not claim the benefit scope of the exemption will cease to be [FR Doc. 99–18700 Filed 7–21–99; 9:52 am] under this section as against a effective as tariffs under 49 U.S.C. 41504 BILLING CODE 4910±01±P

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