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1974 - April DOT Ord. & Dec. [1] (April, 1974)

handle is hein.usfed/dotod0691 and id is 1 raw text is: Order 74-4-1 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 April, 1974 Authorization of inter-carrier pA/k DISCUSSIONS CONCERNING INDUSTRY-WIDE Docket 26238 PRIORITY AIR CARGO SERVICE : ORDER ON RECONSIDERATION By Order 74-2-118 (February 27, 1974), the Board authorized discussions, subject to conditions, among the air carriers and foreign air carriers presently participating in air express service (herein- after the airlines), concerning the creation of industry-wide priority air cargo service. 1/ The airlines have, in accordance with 14 C.F.R. 302.37, filed a petition for limited.reconsideration of that order, .alleging that harmful consequences would result from one of the conditions imposed on these discussions by the Board's order, and requesting that the conditions be modified to provide that the participating airlines may conduct their discussions without any observers present except for personnel of the Board. 2/ Answers to this p.etition for reconsideration have been filed by the Air Freight Forwarders Association (AFFA), REA Express, Inc., 3/ the Pet Industry Parties (PIP), 4/ and the National Air Transportation Conferences, Inc. 5/ These pleadings are summarized in the attached appendix. 1/ The request for such discussion authorization stemmed from the Board's decision in the Express Service Investigation, Docket 22388. See Order 73-12-36 (December 7, 1973), at pages 38-39, and 41, finding number 6. A petition for reconsideration of that decision is currently pending. 2/ The discussion conditions presently provide that representatives of the Board, any other governmental body, and any other interested per- son shall be permitted to attend the discussions as observers, and that the airlines shall formulate ground rules for the presentation of the views of such observers. See Order 74-2-118, ordering paragraph 1. 3/ REA views itself as an air carrier entitled to participate in the discussions. This was not our intent in the discussion authorization, as the airlines recognized in their petition, since the purpose of the discussions is to agree on inter-direct air carrier procedures for priority cargo handling. REA does not operate as a direct air carrier, and therefore does not have an interest in common with the discussants. REA instead is to be treated, for the purposes of these discussions, as a shipper, in common with the other indirect air carriers, and the conditions will be clarified accordingly. 4/ See Order 74-2-118, at page 2 note 5. 5/ Id.,at note 6.

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