[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: 14CFR293.10]



[Page 233-234]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

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

                         (AVIATION PROCEEDINGS)

 

PART 293_INTERNATIONAL PASSENGER TRANSPORTATION--Table of Contents

 

                 Subpart B_Exemption From Filing Tariffs

 

Sec. 293.10  Exemption.





    (a) Air carriers and foreign air carriers are exempted from the duty 

to file passenger tariffs with the Department of Transportation, as 

required by 49 U.S.C. 41504 and 14 CFR part 221, as follows:

    (1) The Assistant Secretary for Aviation and International Affairs 

will, by notice, issue and periodically update a list establishing the 

following categories of markets:

    (i) In Category A markets, carriers are exempted from the duty to 

file all



[[Page 234]]



passenger tariffs unless they are nationals of countries listed in 

Category C, or are subject to the provisions of paragraph (c) of this 

section.

    (ii) In Category B markets, carriers are exempted from the duty to 

file all passenger tariffs except those setting forth one-way economy-

class fares and governing provisions thereto, unless they are nationals 

of countries listed in Category C, or are subject to the provisions of 

paragraph (c) of this section.

    (iii) In Category C markets, carriers shall continue to file all 

passenger tariffs, except as provided in Sec. 293.10(b);

    (2) The Assistant Secretary will list country-pair markets falling 

in Categories A and C, taking into consideration the factors in 

paragraphs (a)(2) (i) through (iv) of this section. All country-pair 

markets not listed in Categories A or C shall be considered to be in 

Category B and need not be specifically listed.

    (i) Whether the U.S. has an aviation agreement in force with that 

country providing double-disapproval treatment of prices filed by the 

carriers of the Parties;

    (ii) Whether the country's Government has disapproved or deterred 

U.S. carrier price leadership or matching tariff filings in any market;

    (iii) Whether the country's Government has placed significant 

restrictions on carrier entry or capacity in any market; and

    (iv) Whether the country's government is honoring the provisions of 

the bilateral aviation agreement and there are no significant bilateral 

problems.

    (b) By notice of the Assistant Secretary, new country-pair markets 

will be listed in the appropriate category, and existing country-pair 

markets may be transferred between categories.

    (c) Notwithstanding a determination that a country is in Category A 

or B, if the Assistant Secretary finds that effective price leadership 

opportunities for U.S. carriers are not available between that country 

and any third country, carriers that are nationals of such country may 

be required to file tariffs, as provided under part 221 or as otherwise 

directed in the notice, for some or all of their services between the 

U.S. and third countries.

    (d) Air carriers and foreign air carriers are exempted from the duty 

to file governing rules tariffs containing general conditions of 

carriage with the Department of Transportation, as required by 49 U.S.C. 

41504 and 14 CFR part 221. A description of the general conditions of 

carriage will be included in the Assistant Secretary's initial notice.

    (e) Notwithstanding paragraph (d) of this section, air carriers and 

foreign air carriers shall file and maintain a tariff with the 

Department to the extent required by 14 CFR 203.4 and other implementing 

regulations.

    (f) Authority for determining what rules are covered by paragraph 

(d) of this section and for determining the filing format for the 

tariffs required by paragraph (e) of this section is delegated to the 

Director of the Office of International Aviation.