Page:United States Statutes at Large Volume 62 Part 3.djvu/1123

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3744 Filing of proposed rate. I.A.T.A. Prevention of unfair or uneconomic rates. Notice of dissatis-

  • action with proposed

new rate. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. (C) Any rate proposed by the air carrier or carriers of either contracting party shall be filed with the aeronautical authorities of both contracting parties at least thirty (30) days before the proposed date of introduction; provided that this period of thirty (30) days may be reduced in particular cases if so agreed by the aeronautical authorities of both contracting parties. (D) The Civil Aeronautics Board of the United States having approved the traffic conference machinery of the International Air Transport Association (hereinafter called I. A. T. A.), for a period of one year beginning in February 1947, any rate agreements concluded through this machinery during this period and involving United States air carriers will be subject to approval of the Board. Rate agreements concluded through this machinery may also be required to be subject to the approval of the aeronautical authorities of Italy pursuant to the principles enunciated in paragraph (B) above. (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 approval of the I. A. T . A. traffic conference machinery, either any specific rate agreement is not approved, within a reasonable time by either contracting party, or a conference of I. A. T.A. is unable to agree on a rate, or 2. If at. any time no I.A .T .A . machinery is applicable, or 3. If either contracting party at any time withdraws or fails to renew its approval of that part of the I. A. T . A. traffic conference machinery relevant to this Section. (F) In the event that power is conferred by law upon the aeronautical 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 property 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 one of its carriers for services from the territory of one contract- ing 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 air carrier or carriers is or are proposing such rate, that rate is unfair or uneconomic. If one of the contracting parties on receipt of the notification referred to in paragraph (C) above is dissatisfied with the rate proposed by the air carrier or carriers of the other contracting party, it shall so notify the other contracting party prior to the expiry of the first fifteen (15) of the thirty (30) days referred to, and the contracting parties shall endeavor to reach agreement on the appropriate rate. In the event that such agreement is reached, each contracting party will exercise its best efforts to put such rate into effect as regards its air carrier or air carriers.