1、465 Office of the Secretary, DOT Pt. 399 (b) The rate of subsidy per passenger shall be calculated by dividing the an-nual subsidy in effect as of July 1 of the prior fiscal year by the total ori-gin-and-destination traffic during the most recent year for which the Depart-ment has obtained complete
2、data. PART 399STATEMENTS OF GENERAL POLICY Subpart AApplicability and Effects of Policy Statements Sec. 399.1 Applicability. 399.2 Exclusions. 399.3 Statements in other Board documents. 399.4 Nature and effect of policy state-ments. 399.5 Arrangement of policy statements. Subpart BPolicies Relating
3、to Operating Authority 399.10399.11 Reserved 399.12 Negotiation by air carriers for land-ing rights in foreign countries. 399.13399.17 Reserved 399.18 Maximum duration of fixed-term route authorization granted by exemp-tion; renewal of such authority. 399.19 Reserved 399.21 Charter exemptions (excep
4、t military). Subpart CPolicies Relating to Rates and Tariffs 399.30 Definitions. 399.31 Standard industry fare level. 399.32 Zone of limited suspension for domes-tic passenger fares. 399.33 Additional fare flexibility. 399.34 Intra-Hawaii and Intra-Puerto Rico/ Virgin Islands fare flexibility. 399.3
5、5 Special tariff permission. 399.36 Unreasonable discrimination. 399.37 Joint fares. 399.39 Equipment purchase deposits. 399.40 Tariffs for domestic air transpor-tation on or after January 1, 1983. 399.41 Zones of limited suspension for inter-national cargo rates. 399.42 Flight equipment depreciatio
6、n and residual values. 399.43 Treatment of leased aircraft. 399.44 Treatment of deferred Federal in-come taxes for rate purposes. EXAMPLE OF SIFL ADJUSTMENT Subpart D Reserved Subpart EPolicies Relating to Hearing Matters 399.60 Standards for determining priorities of hearing. 399.61 Presentations o
7、f public and civic bod-ies in route proceedings. 399.62 Target dates in hearing cases. 399.63 Role of staff in route proceedings. Subpart FPolicies Relating to Rulemaking Proceedings 399.70 Cross-references to the Office of the Secretarys Rulemaking Procedures. 399.73 Definition of small business fo
8、r Regu-latory Flexibility Act. Subpart GPolicies Relating to Enforcement 399.80 Unfair and deceptive practices of ticket agents. 399.81 Unrealistic or deceptive scheduling. 399.82 Passing off of carrier identity by af-filiation between carriers. 399.83 Unfair or deceptive practice of air carrier, fo
9、reign air carrier, or ticket agent in orally confirming to prospective passenger reserved space on scheduled flights. 399.84 Price advertising. 399.85 Reserved 399.86 Payments for non-air transportation services for air cargo. 399.87 Reserved Subpart HOther Policies Relating to Inter-ests, Activitie
10、s, and Relationships of Air Carriers 399.91 Air carrier participation in programs of technical assistance to airlines of less developed countries. Subpart IPolicies Relating to Disclosure of Information 399.101 Public release of Board decisions in cases where the action of the Board is subject to th
11、e review or approval of the President. Subpart JPolicies Relating to Federal Preemption of State Economic Regulations 399.111 All operations of federally author-ized carriers to be regulated by the Board. Subpart KPolicies Relating to Certificate Duration 399.120 Duration of certificates in limited-
12、 entry markets. AUTHORITY: 49 U.S.C. 40101 et seq. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-466
13、14 CFR Ch. II (1111 Edition) 399.1 SOURCE: PS21, 29 FR 1446, Jan. 29, 1964, un-less otherwise noted. Subpart AApplicability and Effects of Policy Statements 399.1 Applicability. All statements of general policy adopted by the Board for the guidance of the public will be published in this part, excep
14、t as provided in 399.2. 399.2 Exclusions. The following types of policies are generally not included in this part: (a) Policies relating solely to the in-ternal management of the Board; (b) Policies requiring secrecy in the public interest or in the interest of na-tional defense; (c) Policies that a
15、re repetitive of sec-tion 102 of the Act; (d) Policies that are fully expressed in a procedural or substantive rule of the Board, or in any opinion, decision, order, certificate, permit, exemption, or waiver of the Board; (e) Expressions of encouragement or admonition to industry to follow a cer-tai
16、n course of action; (f) Positions on legislative items and on other matters that are outside the scope of the Boards current statutory powers and duties. PS21, 29 FR 1446, Jan. 29, 1964, as amended by PS63, 40 FR 6643, Feb. 13, 1975 399.3 Statements in other Board doc-uments. No statement contained
17、in any Board opinion, decision, order, certificate, permit, exemption, or waiver shall be considered a statement of policy within the meaning of this part, even though such statements may constitute a precedent in future cases or declare fu-ture policy to be followed in like cases. Similarly, a deni
18、al by the Board or re-lief sought, or statements of the Boards reasons for failure to issue a rule upon which rulemaking pro-ceedings have been commenced shall not be considered statements of policy, except to the extent that it is specifi-cally stated that such denial or failure is based upon a pol
19、icy thereafter to be followed. 399.4 Nature and effect of policy statements. Policy statements published in this part will be observed by the Board until rescinded, but any policy may be amended from time to time as experi-ence or changing conditions may re-quire. Changes in policy may be made with
20、or without advance notice to the public and will become effective upon publication in the FEDERAL REGISTER unless otherwise provided. If it appears to the Board, in its consideration of any matter before it, that the applica-tion of a policy published in this part would run counter to an express pro
21、vi-sion of law or policy enunciated by Congress in the Act, the published pol-icy shall not be applicable to such mat-ter. 399.5 Arrangement of policy state-ments. The statements of general policy re-lating to the various duties and func-tions of the Board are grouped accord-ing to subject matter in
22、 the following subparts; the titles of the subparts in-dicate the general subject matter in-cluded therein. Subpart BPolicies Relating to Operating Authority 399.10399.11 Reserved 399.12 Negotiation by air carriers for landing rights in foreign countries. (a) It is the policy of the Board (jointly w
23、ith the Department of State) that, as a general rule, landing rights abroad for United States flag air car-riers will be acquired through negotia-tion by the U.S. Government with for-eign governments rather than by direct negotiation between an air carrier and a foreign government. (b) It is corolla
24、ry to the foregoing policy that no United States air carrier may avail itself of representations by one foreign government to further its interest with another foreign govern-ment, especially with respect to land-ing rights, except insofar as such rep-resentations have been specifically au-thorized
25、by the U.S. Government. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-467 Office of the Secretary, DO
26、T 399.31 399.13399.17 Reserved 399.18 Maximum duration of fixed- term route authorization granted by exemption; renewal of such au-thority. It is the policy of the Board to limit the duration of exemptions which au-thorize fixed-term route service to a maximum period of two years, and to entertain r
27、equests for renewal of such authority only when incorporated in a duly filed application for substantially equivalent certificate authority under section 401 of the Act. (See 377.10(c) of this chapter (Special Regulations).) PS21, 29 FR 1446, Jan. 29, 1964, as amended at 65 FR 6457, Feb. 9, 2000 399
28、.19 Reserved 399.21 Charter exemptions (except military). In deciding applications for exemp-tions from section 41102 of Title 49 of the United States Code by air carriers seeking to perform charter service in air transportation, we will give pri-mary weight to the chartering publics own assessment
29、of the air carrier serv-ices that best meet its transportation needs. Therefore, we will not, as a gen-eral rule, consider as relevant to our decision on such applications, objec-tions based upon (1) offers by the objec-tors to perform the charter service, and/or (2) estimates of revenue or traf-fic
30、 diversion, unless in the latter case the objectors demonstrate that the di-version resulting from grant of the ex-emption would threaten their ability to fulfill their certificate obligations. PS78, 43 FR 31886, July 24, 1978, as amended at 60 FR 43531, Aug. 22, 1995 Subpart CPolicies Relating to R
31、ates and Tariffs 399.30 Definitions. As used in this subpart: DPFI formula fare means the trunk coach formula fare on July 1, 1977, as established by the Board in Phase 9 of the Domestic Passenger Fares Inves-tigation (Docket 218669). SIFL means the standard industry fare level, as set forth in 399.
32、31. PS92, 45 FR 24118, Apr. 9, 1980 399.31 Standard industry fare level. (a) Generally. Except as set forth in paragraph (d) of this section, the stand-ard industry fare level (SIFL) for coach/standard service in a market is equal to the predominant fare in effect in that market on July 1, 1977, as
33、ad-justed by the Board for cost increases. (b) Predominant fare. For each mar-ket, the predominant fare in effect on July 1, 1977, is presumed to be as set forth below. The presumption may be rebutted, however, by showing that more passengers used a higher fare. (1) For U.S. Mainland-Puerto Rico/ Vi
34、rgin Islands markets where the Board has specified day-of-week fare differentials: the peak-season midweek fare appearing in tariffs in effect on July 1, 1977. (2) For U.S. Mainland-Puerto Rico/ Virgin Islands markets where the Board has specified only seasonal fare differentials: the off-peak-seaso
35、n fare appearing in tariffs in effect on July 1, 1977. (3) For U.S. Mainland-Hawaii mar-kets: the peak-season second class fare appearing in tariffs in effect on July 1, 1977. (4) For all other interstate and over-seas markets: the lowest unrestricted fare in effect on July 1, 1977. (c) Adjustments
36、for cost increases. The Board adjusts the SIFL at least once every 6 months by the percentage change, since the previous adjustment, in the actual operating cost per avail-able seat-mile for interstate and over-seas transportation combined. The method of adjustment is illustrated in the example set
37、out at the end of this subpart. (d) Intrastate markets in California, Florida, and Texas. For each of these markets, the SIFL is equal to the level that it would be if the market were an interstate one whose predominant fare on July 1, 1977, was the DPFI formula fare. (e) Intra-Hawaii markets. For i
38、ntra- Hawaii markets, the Boards flexibility zones are based not on the SIFL, but on the standard Hawaiian fare level (SHFL), which is equal to 110 percent of the first class fare in effect on July VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 2
39、23046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-468 14 CFR Ch. II (1111 Edition) 399.32 1, 1977, as adjusted by the Board for cost increases. PS92, 45 FR 24118, Apr. 9, 1980, as amended by PS95, 45 FR 4225
40、5, June 24, 1980; PS96, 45 FR 48604, July 21, 1980 399.32 Zone of limited suspension for domestic passenger fares. (a) Applicability. This section sets forth the Boards policy on passenger fares for scheduled service by certifi-cated air carriers in the following areas, except to the extent that gre
41、ater flexibility is set forth in 399.33: (1) Within the 48 contiguous States and the District of Columbia (the Mainland); and (2) Between the Mainland and Puerto Rico, the Virgin Islands, Hawaii, or Alaska. (b) Downward flexibility. Each carrier may set fares in each market at any amount below the S
42、IFL. The Board will not suspend such a fare on the ground that its level is unreasonable, except in the following extraordinary circumstances: (1) There is a high probability that the fare would be found to be unlawful after investigation; (2) There is a substantial likelihood that the fare is preda
43、tory so that there would be an immediate and irreparable harm to competition if the fare were allowed to go into effect; (3) The harm to competition is great-er than the injury to the traveling pub-lic if the proposed fare were unavail-able; and (4) The suspension is in the public in-terest. (c) Res
44、erved (d) Upward flexibility. Each carrier may set fares above the SIFL as fol-lows, and where they are so set, the Board will not suspend them on the grounds that their level is unreason-able except upon a clear showing of abuse of market power that the Board does not expect to be corrected through
45、 marketplace forces: (1) For service on the Mainland: Up to 30 percent above the sum of the SIFL plus $14. Each time after January 13, 1981, that the Board adjusts the SIFL for cost increases in accordance with 399.31(c), it will adjust the $14 figure by the same percentage rounded to the nearest wh
46、ole dollar. The Board order announcing the adjustment will be published in the FEDERAL REGISTER and served on all certificated carriers, and copies will be available through the Domestic Fares and Rates Division, Bureau of Domestic Aviation, Civil Aeronautics Board, Washington, D.C. 20428. (2) For s
47、ervice between the Mainland and Puerto Rico, the Virgin Islands, Hawaii, or Alaska: Up to 30 percent above the SIFL. (e) Fares above the zone. Tariff filings that state fares above the applicable zone must include the data and infor-mation set forth in 221.165 of this chapter. For peak fares, this m
48、ust in-clude a description of the carriers off- peak fares that are available in the market. The Board will suspend a fare above the zone that it finds not to be justified by cost or competitive fac-tors. PS94, 45 FR 40973, June 17, 1980, as amended by PS96, 45 FR 48604, July 21, 1980; PS101, 46 FR
49、11809, Feb. 11, 1981 399.33 Additional fare flexibility. For scheduled service in the areas set forth in 399.32(a), certificated air car-riers have the following fare flexibility in addition to that set forth in 399.32: (a) First class. Carriers may without restriction set the level of first class fares. (b) Small aircraft. Carriers may with-out restriction set the level o
