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<br />~ <br /> <br />laUon wlll create a very real and Wljust <br />burden on military personnel; that <br />armed forces personnel do not l'ecelve <br />sufficient remuneration to permit them <br />to travel by air at full fares; that because <br />of the. time element air travel is often <br />the only mode of transportation suitable <br />for short furloughs; and that military <br />fares provide an excellent public rela- <br />tions and advertising conduit for the air- <br />lines and hence generate future full-fare <br />traffic. The complaint further alleges <br />that by allowing Frontier to cancel these <br />fares the Board will. in effect, be en- <br />couraging other carriers to make similar <br />proposals. <br />Upon consideration of the proposal, <br />the complaint and all other relevant <br />matters, the Board finds that the com- <br />plaint does not set forth sufticient facts <br />to warrant investigation, and the request <br />therefor, and accordingly the request for <br />suspension, will be denied and the com- <br />plaint dismissed. <br />Frontier's proposal is not unique to the <br />local service industry since several car- <br />riers do not presently offer military <br />standby fares. In view of Frontier's con- <br />tinuing subsJdized status and the fact <br />that special reservation fares for the <br />military will continue to be a\'ailable at <br />a significant discount in markets where <br />Frontier would cancel its miIUary stand- <br />by fares, we are unable to conclude that <br />its proposal is unreasonable, <br />Accordingly, pursuant to the Federal <br />Aviation Act 01 1958, and partiCUlarly <br />sections 204(a) , 403, 404, and 1002 <br />thereof, <br />It is ordered, That: <br />1. The complaint of the Department <br />of Defense in docket 25402 is dismissed; <br />and <br />2. A copy of this order be served upon <br />Frontler Airlines, Inc., and the Depart- <br />ment of Defense. <br /> <br />This order shall be pUblished in the <br />FEDERAL REGISTER. <br /> <br />By the Civil Aeronautics Board. <br /> <br />[SEAL] EDWIN Z. HOLLAND, <br />Secretary, <br />(FR Doc."/3-8563 FUed. 5-1-73;8:45 am] <br /> <br />~, <br /> <br />.) <br /> <br />(Dockets Nos. 22364, 25474; Order 73-4-117) <br /> <br />U.S. MAINLAND-HAWAII FARES <br /> <br />Hawaii Fares Investigation; Order <br /> <br />Adopted by the Civil Aeronautics <br />Board at its omce in, Washington, D.C., <br />on the 21th day of April 1973. <br />On March 30, 1973, Pan American <br />World Airwa.ys, Inc. (Pan American), <br />filed a petition request.ing that the Board <br />revoke order '12-5-100, which prescribes <br />regular fares in the U.S. mainland-Ha- <br />waii markets, so as to penn1t the filing <br />of tariffs increasing fares in the west <br />coast-Hawaii market. <br />Pan American asserts that it as well <br />as other carriers continue to suffer large <br />losses in Hawaiian service, and that an <br />increase in fares is essential. Pan Ameri- <br />can states that in 1972 it sustained an <br />operating loss .In its west coast-Hawa1.l <br />service of $5.6 million in spite of a 56.2- <br /> <br />" <br /> <br />NOTICES <br /> <br />percent passenger load factor, and al- <br />leges that at current fare levels it antic- <br />ipates an operating loss lor the year end- <br />ing JWle 30, 1974, of $10.4 m1l1ion. <br />Pan American also contends that the <br />Board's evaluation of the discount-fare <br />situation in order '12-11-31 does not ac- <br />curately reflect usage of the~e fares in <br />the west cotlSt-Hawaii markets.1 It fw-- <br />ther alleges that the wide use of discount <br />fares from Interior markets is both ap- <br />propriate and reasonable due to the <br />longer hauls involved (and thus the need <br />for lower fares to encourage travel) and <br />the developmental stage of these mar- <br />kets. Pan American alleges that the car- <br />riers are faced with a problem of lim- <br />ited tramc growth and market develop- <br />ment, and that the continued availability <br />of discount fares is warranted and not <br />a reasonable basis for preclUding needed <br />regular fare increases.! <br />Pan. American challenges the Board's <br />premi.se in denying the carriers' request <br />for a regular fare increase last fall (or- <br />der 72-11-31). In that order, the Board <br />indicated its concern with the disconnt <br />fare/regular fare relationship in the Ha- <br />waiian market, both in terms of the dol- <br />lar level of discOlU1t fares and the pro- <br />portion of diScOWlt-fare traffic to total <br />traffic. It was the Board's belief at that <br />time that the carriers should take those <br />remedial actions within their powers be- <br />fore turning to the Board for basic fare <br />increases. Since issuance of order 72-11- <br />31, most carriers have attempted to <br />effectuate substantive discoWlt-fare re- <br />visions but competitive forces have ne- <br />cessitated withdrawal of those proposals. <br />While Pan American's experience with <br />discoWlt fares may differ somewhat from <br />the data upon which we relied in order <br />72-11-31, it does not alter our opinion <br />tha.t the growing use of discount :fares <br />in recent years has had a signiflcan tly de- <br />basing effect on fare yield and has con- <br />tributed to c.arrier losses, Nevertheless, <br />detailed information on traMc patterns <br />in the mainland-Hawaii market, upon <br />whjch to base a definitive Judgment are <br />not now avaliable. and we conclude that <br />an investigation of the level of discoWlt <br />fares and their relationship to normal <br />fares should now be W1dertaken. <br />Several factors lead us to the conclu~ <br />slon that this investigation should also <br />encompass a reexamination of our de- <br />cision in docket 22364 with resp'ect to <br /> <br />1 The carrier submits that. while the Boa.rd <br />relled on an analysis of tra.ffl.c during the <br />first (1 months of 1972 which showed that 51 <br />percent of coach a.nd economy trafD.c traveled <br />on discount ta.res. Its own exper.ience durIng <br />this. pertod tndi~ted that dlscoun.t.:.!.e.re <br />travel accounted lor only 38 percent of th1B <br />tramc. <br />~ Continental AIr Lines, Inc., and Western <br />Air Ll.nes, Inc., have filed answers In support <br />or pa.n Americz.n's lletition. United Air L1nes, <br />Inc., has flIed an answer which, altbough sUp~ <br />porting the ultlmate obJecti\"e of the petitton, <br />requests Its denIal BS unnecessa.ry to achieve <br />the normal tarl1r fI1l.ng environment. Hawal~ <br />1a.n AttUnes, Inc., a.nd Aloba AirHnes, Inc., <br />have flIed Joint comments with respect to <br />the common.tare requirement. and take no <br />position on the issue of tare Increases. <br /> <br />10833 <br /> <br />normal fare levels. The fares which were <br />prescribed in order 72-5-100 were esti- <br />mated to produce an overall combined <br />rate of return for Braniff, Continental, <br />Pan . American, United. and Western, of <br />4.2 percent for the forecast year ended <br />June 30, 1911. This return has not been <br />achieved and, in fact, most carriers have <br />been sustaining significant operating <br />the record on which our decision was <br />losses in the intervening :rears. Further, <br />based reflected little in the way of actual <br />experience under the new market con- <br />ditions stemming from certification of <br />additional competitive service in 1969. <br />The pattern of competitive services has <br />now been relatively stable for a. period of <br />several years and we should be in a <br />better position to evaluate the revenue <br />need in this market. <br />Moreover, the cost data used to develop <br />the forecast in docket 22364 were based <br />on expenenced results for the year ended <br />June 30, 1970. There can be little doubt <br />that costs in this market have followed <br />the general rising trend being sustained <br />in overaH domestic operations. In addi- <br />t.ion, we perceive no reason at this time <br />why normal fare levels in the mainland- <br />Hawaii markets should not be reevalu- <br />ated in light of the ratemaklng principles <br />established in the various phases of the <br />domestic Passenger-Fare Investigation. <br />In summary, it is our view that the <br />outdated state of economic data upon <br />which the decision in docket 22364 was <br />based, the subsequent establishment of <br />various ratemaking prin.ciples in the Do- <br />mestic ~assenger-Fare Investigation and <br />the substantially changed market con- <br />di.tions which have evolved since the case <br />was tried, warrant revocat1on of the <br />normal fare levels prescribed in order <br />12-5-100, and institution of an investi- <br />gation of the level of regular fare and the <br />level and structure of discount fares in <br />the U.S. mainland-Hawaii market. <br />Aspects of the regular fare structure <br />were extensively litigated in the previous <br />U.S. mainland-Hawaii fares case and <br />there appears to be no need to litigate <br />them again. These issues are the rela~ <br />tionship between second- and third-class <br />fares, charges for in-fiight amenities, and <br />consideration of regular fares for services <br />between interior U.S. points and Hawaii. <br />These issues will accordingly be excluded <br />from consideration in the investigation <br />ordered herein.' <br />Accordingly, upon consideration of the <br />foregoing. and all other relevant matters. <br />It is ordered, That: <br />1. That part of order '12-5-100 which <br />prescribes the level of first-, second-, and <br />third-class regular fares in the U.S. <br />mainland-Hawaii market is hereby re~ <br />voked; . <br />2. Exceptions to the preceding order- <br />ing pa.ra.graph may be filed a.nd served <br />on or before the 15th day after date of <br />servJce of this order. Such exceptions <br /> <br />:l Of course, the scope of the proceeding Is <br />SUbject to modJflcatlon 1D the l1ght of any <br />petItIons tor reconsideratIon which may be <br />.filed. <br /> <br />FEDERAL REGISTER, YOL, 38, NO, 84-WEDNESDAY, MAY 2, 1973 <br /> <br />I <br />0859 <br />