[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR293.10]

[Page 233]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 293_INTERNATIONAL PASSENGER TRANSPORTATION--Table of Contents
 
                 Subpart B_Exemption From Filing Tariffs
 
Sec. 293.10  Exemption.


    (a) Air carriers and foreign air carriers are exempted from the duty 
to file passenger tariffs with the Department of Transportation, as 
required by 49 U.S.C. 41504 and 14 CFR part 221, as follows:
    (1) The Assistant Secretary for Aviation and International Affairs 
will, by notice, issue and periodically update a list establishing the 
following categories of markets:
    (i) In Category A markets, carriers are exempted from the duty to 
file all passenger tariffs unless they are nationals of countries listed 
in Category C, or are subject to the provisions of paragraph (c) of this 
section.
    (ii) In Category B markets, carriers are exempted from the duty to 
file all passenger tariffs except those setting forth one-way economy-
class fares and governing provisions thereto, unless they are nationals 
of countries listed in Category C, or are subject to the provisions of 
paragraph (c) of this section.
    (iii) In Category C markets, carriers shall continue to file all 
passenger tariffs, except as provided in Sec. 293.10(b);
    (2) The Assistant Secretary will list country-pair markets falling 
in Categories A and C, taking into consideration the factors in 
paragraphs (a)(2) (i) through (iv) of this section. All country-pair 
markets not listed in Categories A or C shall be considered to be in 
Category B and need not be specifically listed.
    (i) Whether the U.S. has an aviation agreement in force with that 
country providing double-disapproval treatment of prices filed by the 
carriers of the Parties;
    (ii) Whether the country's Government has disapproved or deterred 
U.S. carrier price leadership or matching tariff filings in any market;
    (iii) Whether the country's Government has placed significant 
restrictions on carrier entry or capacity in any market; and
    (iv) Whether the country's government is honoring the provisions of 
the bilateral aviation agreement and there are no significant bilateral 
problems.
    (b) By notice of the Assistant Secretary, new country-pair markets 
will be listed in the appropriate category, and existing country-pair 
markets may be transferred between categories.
    (c) Notwithstanding a determination that a country is in Category A 
or B, if the Assistant Secretary finds that effective price leadership 
opportunities for U.S. carriers are not available between that country 
and any third country, carriers that are nationals of such country may 
be required to file tariffs, as provided under part 221 or as otherwise 
directed in the notice, for some or all of their services between the 
U.S. and third countries.
    (d) Air carriers and foreign air carriers are exempted from the duty 
to file governing rules tariffs containing general conditions of 
carriage with the Department of Transportation, as required by 49 U.S.C. 
41504 and 14 CFR part 221. A description of the general conditions of 
carriage will be included in the Assistant Secretary's initial notice.
    (e) Notwithstanding paragraph (d) of this section, air carriers and 
foreign air carriers shall file and maintain a tariff with the 
Department to the extent required by 14 CFR 203.4 and other implementing 
regulations.
    (f) Authority for determining what rules are covered by paragraph 
(d) of this section and for determining the filing format for the 
tariffs required by paragraph (e) of this section is delegated to the 
Director of the Office of International Aviation.