[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR221.120]



[Page 74-75]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 221_TARIFFS--Table of Contents

 

   Subpart M_Special Tariff Permission To File on Less Than Statutory 

                                 Notice

 

Sec. 221.120  Grounds for approving or denying Special Tariff Permission 

applications.





    (a) General authority. The Department may permit changes in fares, 

charges or other tariff provisions on less than



[[Page 75]]



the statutory notice required by section 41505 of the statute.

    (b) Grounds for approval. The following facts and circumstances 

constitute some of the grounds for approving applications for Special 

Tariff Permission in the absence of other facts and circumstances 

warranting denial:

    (1) Clerical or typographical errors. Clerical or typographical 

errors in tariffs constitute grounds for approving applications for 

Special Tariff Permission to file on less than statutory notice the 

tariff changes necessary to correct such errors. Each application for 

Special Tariff Permission based on such grounds shall plainly specify 

the errors and contain a complete statement of all the attending facts 

and circumstances, and such application shall be presented to the 

Department with reasonable promptness after issuance of the defective 

tariff.

    (2) Rejection caused by clerical or typographical errors or 

unintelligibility. Rejection of a tariff caused by clerical or 

typographical errors constitute grounds for approving applications for 

Special Tariff Permission to file on less than statutory notice, 

effective not earlier than the original effective dates in the rejected 

tariff, all changes contained in the rejected tariff but with the errors 

corrected. Each application for the grant of Special Tariff Permission 

based on such grounds shall plainly specify the errors and contain a 

complete statement of all the attending facts and circumstances, and 

such application shall be filed with the Department within five days 

after receipt of the Department's notice of rejection.

    (3) Newly authorized transportation. The fact that the Department 

has newly authorized a carrier to perform foreign air transportation 

constitutes grounds for approving applications for Special Tariff 

Permission to file on less than statutory notice the fares, rates, and 

other tariff provisions covering such newly authorized transportation.

    (4) The fact that a passenger fare is within a statutory or 

Department-established zone of fare flexibility constitutes grounds for 

approving an application for Special Tariff Permission to file a tariff 

stating that fare and any rules affecting them exclusively, on less than 

statutory notice. The Department's policy on approving such applications 

is set forth in Sec. 399.35 of this chapter.

    (5) Lowered fares and charges. The prospective lowering of fares or 

charges to the traveling public constitutes grounds for approving an 

application for Special Tariff Permission to file on less than statutory 

notice a tariff stating the lowered fares or charges and any rules 

affecting them exclusively. However, the Department will not approve the 

application if the proposed tariff raises significant questions of 

lawfulness, as set forth in Sec. 399.35 of this chapter.

    (c) Filing notice required by formal order. When a formal order of 

the Department requires the filing of tariff matter on a stated number 

of days' notice, an application for Special Tariff Permission to file on 

less notice will not be approved. In any such instance a petition for 

modification of the order should be filed in the formal docket.