[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR221.94]

[Page 68-69]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 221--TARIFFS--Table of Contents
 
          Subpart J--Filing Tariff Publications With Department
 
Sec. 221.94  Explanation and data supporting tariff changes and new matter in tariffs.

    When a tariff is filed with the Department which contains new or 
changed local or joint fares or charges for foreign air transportation, 
or new or changed classifications, rules, regulations, or practices 
affecting such fares or charges, or the value of the service thereunder, 
the issuing air carrier, foreign air carrier, or agent shall submit with 
the filing of such tariff:
    (a) An explanation of the new or changed matter and the reasons for 
the filing, including (if applicable) the basis of rate making employed. 
Where a tariff is filed pursuant to an intercarrier agreement approved 
by the Department, the explanation shall identify such agreement by DOT 
Docket number, DOT order of approval number, IATA resolution number, or 
if none is designated, then by other definite identification. Where a 
tariff is filed on behalf of a foreign air carrier pursuant to a 
Government order, a copy of such order shall be submitted with the 
tariff.
    (b) Appropriate Economic data and/or information in support of the 
new or changed matter.
    (c) Exceptions. (1) The requirement for data and/or information in 
paragraph (b) of this section will not apply to tariff publications 
containing new or changed matter which are filed:
    (i) In response to Department orders or specific policy 
pronouncements of the Department directly related to such new or changed 
matter;
    (ii) Pursuant to an intercarrier agreement approved by the 
Department setting forth the fares, charges (or specific formulas 
therefor) or other matter: Provided that the changes are submitted with 
the number of the DOT order of approval and fully comply with any 
conditions set forth in that order;
    (iii) To the extent fares for scheduled passenger service are within 
a statutory or Department-established zone of fare flexibility; and
    (iv) To meet competition: Provided, that
    (A) Changed matter will be deemed to have been filed to meet 
competition only when it effects decreases in fares

[[Page 69]]

or charges and/or increases the value of service so that the level of 
the fares or charges and the services provided will be substantially 
similar to the level of fares or charges and the services of a competing 
carrier or carriers.
    (B) New matter will be deemed to have been filed to meet competition 
only when it establishes or affects a fare or charge and a service which 
will be substantially similar to the fares or charges and the services 
of a competing carrier or carriers.
    (C) When new or changed matter is filed to meet competition over a 
portion of the filing air carrier's system and is simultaneously made 
applicable to the balance of the system, such matter, insofar as it 
applies over the balance of the system, will be deemed to be within the 
exception in this paragraph (c)(1)(iv) of this section only if such 
carrier submits an explanation as to the necessity of maintaining 
uniformity over its entire system with respect to such new or changed 
matter.
    (D) In any case where new or changed matter is filed to meet 
competition, the filing carrier or agent must supply, as part of the 
filing justification, the complete tariff references which will serve to 
identify the competing tariff matter which the tariff purports to meet. 
In such case the justification or attachment shall state whether the new 
or changed matter is identical to the competing tariff matter which it 
purports to meet or whether it approximates the competing tariff matter. 
If the new or changed matter is not identical, the transmittal letter or 
attachment shall contain a statement explaining, in reasonable detail, 
the basis for concluding that the tariff publication being filed is 
substantially similar to the competing tariff matter.
    (2) [Reserved]