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<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]
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<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
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<br />0859
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