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1972 - February DOT Ord. & Dec. [1] (February, 1972)

handle is hein.usfed/dotod0665 and id is 1 raw text is: Order 72-2-1 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 1st day of February, 1972 SWISSAIR, SWISS AIR TRANSPORT COMPANY LIMITED Docket 20301 ENFORCEMENT PROCEEDING ORDER On September 30, 1968, the Bureau of Enforcement of the Board filed a. complaint against Swissair, Swiss Air Transport Company Limited, a.foreign air carrier opera.ting under a permit issued by the Board. The complaint, among other things, asks that Swissair be ordered to cease and desist from violating section 403(b) of the Federal Aviation Act of 1958, a.s amended, and section 221.3(b) of the Board's Economic Regulations by charging rates contrary to its filed tariffs. Among other charges in the complaint against Swissair, it is alleged that the cargoes tendered by air freight forwardc-m had been misclassified by the latter in such a.way as to result in under- charges and that Swissair knew or should have known that the cargoes so carried were not being carried at Swissair's tariff rates properly applicable to the commodities. On November 1, 1968, Swissair filed its answer to the complaint, denying that it knew, or that in the performance of its duty to charge only the lawful tariff it should have known, that the commodity descriptions and rate classifi- cations of air cargo tendered to it for carriage were false and/or incorrect. Additionally, the Swissair answer asserts the affirmative defense That the Civil Aeronautics Board has construed the obligation placed upon foreign air carriers by section 403(b) of the Act (in relation to the United States Government) as only requiring the adoption of reasonable measures by such carriers to ensure adherence to their respective tariffs, Swissair alleges that it has adopted such reasonable measures and that the undercharges alleged in the complaint occurred notwithstanding the taking of such reasonable measures,

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