Page:United States Statutes at Large Volume 92 Part 2.djvu/462

 92 STAT. 1742

Adjustments.

Service classes, rules.

Rule. Complaint.

49 USC 1482.

49 USC 1302.

Uniform method. 49 USC 1482a. 49 USC 1371. Notice.

PUBLIC LAW 95-504—OCT. 24, 1978 service existing on that date, and in effect on the effective date of the establishment of each additional class of service established after July 1, 1977. "(B) The Board shall, not less than semiannually, adjust each standard industry fare level specified in subparagraph (A) by increasing or decreasing such fare level, as the case may be, by the percentage change from the last previous period in the actual operating cost per available seat-mile for interstate and overseas transportation combined. In determining the standard, the Board shall make no adjustment to costs actually incurred. "(C) Not later than July 1, 1979, the Board shall issue rules modifying the rules governing those classes of service in existence on July 1, 1977, which classes provide lower fare levels during off-peak periods, so as to expand the period of availability of such classes. The Board shall allow any air carrier to establish additional classes of service in accordance with the objectives of subsection (e)(5) of this section or as may be otherwise consistent with the public interest. "(7) The Board may by rule increase the percentage specified in paragraph (4)(B) of this subsection. "(8) Whenever a complaint is filed with the Board by a civic party under this subsection alleging that any individual or joint fare or charge demanded, charged, collected, or received for interstate or overseas air transportation is or will be unjustly discriminatory, unduly preferential, unduly prejudicial, or predatory, the Board shall grant, deny, or dismiss such complaint within ninety days after such complaint is filed.". (b) Subsection (e) of such section 1002 is amended to read as follows: ((RULE o r RATEMAKING "(e) In exercising and performing its power and duties with respect to determining rates, fares, and charges described in paragraph (1) of subsection (d) of this section, the Board shall take into consideration, among other factors— "(1) the criteria set forth in section 102 of this Act; "(2) the need for adequate and efficient transportation of persons and property at the lowest cost consistent with the furnishing of such service; "(3) the effect of prices upon the movement of traffic; "(4) the desirability of a variety of price and service options such as peak and off-peak pricing or other pricing mechanisms to improve economic efficiency and provide low-cost air service; and "(5) the desirability of allowing an air carrier to determine prices in response to particular competitive market conditions on the basis of such air carrier's individual costs.", (c)(1) Whenever the Board pursuant to its authority under section 1002 of the Federal Aviation Act of 1958 (49 U.S.C. 1482) prescribes a uniform method generally applicable to the establishment of joint fares, and the divisions thereof, between air carriers holding certificates issued under section 401 of such Act, it shall make such uniform method applicable to the establishment of joint fares, and the divisions thereof, between such air carriers and commuter air carriers. Any commuter air carrier which has an agreement with any air carrier to provide service for persons and property which includes transporta-

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