Page:United States Statutes at Large Volume 61 Part 3.djvu/194

 Prevention of unfair or uneconomic rates. Noticeof dissatisfac- tlon with proposed new rate. Provisional rate pending settlement of dispute. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. of introduction; provided that this period of thirty days may be re- duced in particular cases if so agreed by the aeronautical authorities of both Contracting Parties. (E) The Contracting Parties agree that the procedure described in paragraphs (F), (G), and (H) of this section shall apply (1) if, during the period of the Civil Aeronautics Board's ap- proval of the IATA traffic conference machinery, either any specific rate agreement is not approved within a reasonable time by either Contracting Party or a conference of IATA is unable to agree on a rate, or (2) at any time no IATA machinery is applicable, or (3) if either Contracting Party at any time withdraws or fails to renew its approval of that part of the IATA traffic conference machinery relevant to this provision. (F) In the event that power is conferred by law upon the aero- nautical authorities of the United States to fix fair and economic rates for the transport of persons and property by air on international services, and to suspend proposed rates in a manner comparable to that in which the Civil Aeronautics Board at present is empowered to act with respect to such rates for the transport of persons and prop- erty by air within the United States, each of the Contracting Parties shall thereafter exercise its authority in such manner as to prevent any rate or rates proposed by its designated airline for services from the territory of one Contracting Party to a point or points in the territory of the other Contracting Party from becoming effective, if in the judgment of the aeronautical authorities of the Contracting Party whose designated airline is proposing such rate, that rate is unfair or uneconomic. If one of the Contracting Parties on receipt of the notification referred to in paragraph (D) above is dissatisfied with the new rate proposed by the designated airline of the other Contract- ing Party, it shall so notify the other Contracting Party prior to the expiry of the first fifteen of the thirty days referred to, and the Con- tracting Parties shall endeavor to reach agreement on the appropriate rate. In the event that such agreement is reached, each Contracting Party will exercise its statutory powers to give effect to such agreement. If agreement has not been reached at the end of the thirty-day period referred to in paragraph (D) above, the proposed rate may, unless the aeronautical authorities of the country of the airline con- cerned see fit to suspend its application, go into effect provisionally pending the settlement of any dispute in accordance with the pro- cedure outlined in paragraph (H) below. (G) Prior to the time when such power may be conferred by law upon the aeronautical authorities of the United States, if one of the Contracting Parties is dissatisfied with any new rate proposed by the designated airline of either Contracting Party for services from the territory of one Contracting Party to a point or points in the territory of the other Contracting Party, it shall so notify the other prior to the expiry of the first fifteen of the thirty-day period referred

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