[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1331.5]

[Page 234]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER X--SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION 
                               (Continued)
 
PART 1331_APPLICATIONS UNDER 49 U.S.C. 10706 AND 13703--Table of Contents
 
Sec. 1331.5  Additional standards for retaining antitrust immunity by 
passenger bus industry rate bureaus.

    (a) Rate bureaus must comply with the terms of their agreements, as 
approved by the Board. Failure to do so will result in lack of immunity 
for that activity.
    (b) The bureaus are required to maintain detailed minutes of all 
meetings where immunized matters are discussed. The bureaus will be 
subject to withdrawal of their immunity for serious continuing 
violations of Board standards, and individual tariff publications will 
be subject to rejection, suspension, or investigation for improprieties 
in the rate bureau process.
    (c) Absent Board approval, no other changes may be made in any 
approved agreement.
    (d) For the purposes of the statute, the following definitions shall 
apply:
    (1) A general increase is a proposed general adjustment of 
substantially all the rates published in a rate bureau's tariff(s).
    (2) A broad change in tariff structure modifies in a relatively non-
uniform fashion the relationship between most rates published in a rate 
bureau's tariff, and applies to a large area, either nationally or 
regionally.
    (3) An innovative fare will be determined on a case-by-case basis; 
the Board will, on request, issue opinions on whether particular rate 
proposals may be regarded as innovative. Two examples of an innovative 
fare are:
    (i) A fare for unlimited passenger travel; and
    (ii) An experimental fare providing for transportation at the 
passenger's option over the line of one or more carriers.
    (4) A promotional fare generally has three characteristics:
    (i) Limited duration;
    (ii) Attractive price or level of service quality; and
    (iii) Some added feature in addition to those normally offered.