[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: 14CFR221.94]



[Page 69-70]

 

                     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 70]]



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]