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1977 - December DOT Ord. & Dec. [1] (December, 1977)

handle is hein.usfed/dotod0613 and id is 1 raw text is: Order 77-12-1 UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D. C. Adopted by the Civil Aeronautics Board at its office in Washington, D. C. on the 18th day of November, 1977 Transatlantic super-APEX fares proposed by Docket 31711 AIR CANADA ORDER OF INVESTIGATION AND SUSPENSION The Board has been following a policy of suspending transatlantic super- APEX fares (Orders 77-10-124 and 77-10-139) in cases where negotiation of special intergovernmental agreements are necessary to permit suspension of the fares after they become effective. 1/ Air Canada has filed tariff revisions, for effect December 3, 1977, to introduce super-APEX fares between New York and points in Europe. 2/ The United States has not yet secured agreements with Canada or with other affected governments which would permit us to suspend the super-APEX fares once they become effective. In these circumstances, the Board finds that Air Canada's proposed super-APEX fares may be unjust, unreasonable, unjustly discriminatory, unduly preferential, unduly prejudicial, or otherwise unlawful and should be investigated and, pending investigation, should be suspended. Upon conclusion of suitable ad hoc agreements with Canada and other affected countries, the suspension will be vacated. 1/ On September 16, 1977, the Board adopted an order suspending, pending investigation, super-APEX (advance-purchase excursion) fares proposed by several carriers in the New York-London market. The order was submitted to the President pursuant to section 801 of the Federal Aviation Act and, by letter dated September 26, 1977, the President notified the Board that he was disapproving its proposed suspension for reasons of foreign economic policy. The Board had proposed suspension of the super-APEX fares based on its view that they would have a predatory impact on charter services, whether or not so intended. In his letter, the President stated that, if the Board obtained new evidence after the fares became effective that they were indeed predatory, he would consider a suspension under terms of the ad hoc agreement negotiated on September 19, 1977, with the United Kingdom. The ad hoc agreement gives either party the right to suspend the super-APEX fares on six weeks' notice, and was necessary since the terms of some bilateral air transport agreements do not provide for suspension of tariffs already in effect. 2/ The fares match super-APEX fares filed by other transatlantic carriers from New York to various points in Europe.

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