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The original documents are located in Box 4, folder "Aviation (2)" of the James M. Cannon Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Some items in this folder were not digitized because it contains copyrighted materials. Please contact the Gerald R. Ford Presidential Library for access to these materials. Digitized from Box 4 of the James M. Cannon Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON DATE: 8.3.76 TO: Jun Juis Cannon Cammon FROM: Max L. Friedersdorf Please handle Please see me For your information Other FORD i LIBRARY 077839 CC: Hope THE WHITE HOUSE WASHINGTON August 2, 1976 MEMORANDUM FOR: MAX FRIEDERSDORF FROM: CHARLES LEPPERT, JR. CLp. SUBJECT: Rep. James Cleveland (R. - N. H.) Rep. Jim Cleveland suggests that the President act Presidential on the airline pilots slowdown and issue a statement. file THE WHITE HOUSE WASHINGTON September 3, 1976 MEMORANDUM FOR: BILL SEIDMAN FROM: JIM CANNON Allen Rown SUBJECT: U.S. International Aviation Policy Statement I support the policy statement. I also approve of immediate issuance. FORD CLEANE THE WHITE HOUSE WASHINGTON September 3, 1976 MEMORANDUM FOR: JIM CANNON FROM: PAUL LEACH Paul SUBJECT: U.S. International Aviation Policy Statement On the two matters on which comments and recommendations are requested, I would suggest: (1) no objection to the new policy statement and (2) approval of issuance if the contents of the statement are supported with unanimity within the Administration (i.e., by the Senior Staff and EPB members). 976 SEP 3 PM 12 54 090310 THE WHITE HOUSE WASHINGTON September 1, 1976 MEMORANDUM FOR PHILIP BUCHEN JAMES M. CANNON JOHN O. MARSH MAX FRIEDERSDORF BRENT SCOWCROFT ROBERT T. HARTMANN FROM: L. WILLIAM SEIDMAN Lws SUBJECT: U.S. International Aviation Policy Statement A draft memorandum for the President on adopting and issuing a new U.S. International Aviation Policy Statement is attached. The Economic Policy Board has approved the proposed statement and unanimously recommends that the President adopt and issue the new policy statement the week of September 7. The Chairman of the CAB has submitted some thoughts on the timing of a U.S. International Aviation Policy Statement, which are also attach- ed, suggesting several reasons why issuing a statement should be deferred. I would appreciate your comments and recommendations on: (1) whether you approve of the new policy statement and (2) whe- ther you recommend issuing a new policy statement at this time or deferring issuing a statement. For the reasons stated in the memorandum, the Departments of Transportation and State are anxious for a decision on this issue as soon as possible. I would appreciate your comments no later than Noon, Friday, September 3, 1976 in order that this paper may go forward to the President. Attachment FORD & LIBRARY GERALD DRAFT THE WHITE HOUSE WASHINGTON September 1, 1976 MEMORANDUM FOR THE PRESIDENT FROM: L. WILLIAM SEIDMAN SUBJECT: U.S. International Aviation Policy Statement In 1963 and in 1970 the White House issued international avia- tion policy statements designed to serve as policy guidance for government officials in dealing with international aviation matters. Changed circumstances have given rise to problems that were either nonexistent or considered negligible when the most recent statement was issued in 1970 including significant excess capacity, a noncompensatory and discriminatory fare structure, an ambiguous relationship between scheduled and charter services, and the difficulty of expanding gateways and other new services while maintaining the economic viabil- ity of existing services. Early last year, the Economic Policy Board established a Steer- ing Group, chaired by the Departments of Transportation and State, to review U.S. international aviation policy with a view to preparing a new policy statement. The Steering Group, which devoted extensive time and energy to the task and bene- fitted from the views of an array of interested nongovernmen- tal parties, has now completed its review. The Economic Policy Board, after considerable discussion and deliberation, has approved the policy statement which, along with a summary, is attached at Tab A. The Economic Policy Board unanimously recommends that you adopt and issue the new policy statement. The Departments of Defense and Justice, who also participated as members of the Steering Group, recommend that you approve and issue the statement. U.S. goals in international aviation differ substantially from those of most other nations. The policy statement reaffirms our preference for the play of competitive forces in, rather than government control of, the international aviation market- place. The Aviation Act of 1975, which you proposed to the Congress last October, focuses on domestic air transportation policy matters. While recognizing the differences between the -2- domestic and international aviation environments and the need to cooperate with foreign governments, the new policy state- ment stresses the need to reform regulatory policies that in- hibit realization of improved lower-cost scheduled and charter- type services and enhanced economic viability of international operations. The Departments of Transportation and State are anxious that the statement be issued prior to the September 9 air services negotiations with the United Kingdom. On June 22, 1976, the United Kingdom renounced the U.S.-U.K. air services bilateral agreement (commonly called the "Bermuda Agreement"), stating that, because its share of benefits is only half of ours, a new agreement is needed to assure equal benefits for each side. Japan and Italy have similar concerns. The State Department feels that a clear and forward-looking policy statement will strengthen the U.S. negotiating posture vis-a-vis these nations. The Economic Policy Board members unanimously recommend that you adopt and issue the new policy statement the week of September 7. John Robson, the Chairman of the Civil Aeronautics Board, has submitted some thoughts on the timing of issuing a new policy statement which are in a paper attached at Tab B. He argues that the resolution of various pending "real world" matters such as the U.K. negotiations and the development of a policy statement should be carried forward in tandem. A SUMMARY OF THE POLICY STATEMENT Four fundamental concerns are addressed throughout the Statement: The public interest in obtaining low cost, readily available air transportation - both scheduled and charter-type services. The industry's need to achieve a financially viable international aviation system, and the need for private enterprise U.S. carriers to enjoy fair and equal competitive opportunity in foreign markets. The need to reform regulatory policies that inhibit meeting these two concerns, and the need for the system to have sufficient flexibility to meet changing market conditions. Recognition of the role that foreign carriers play in the international system. Routes The key points related to the U.S. flag international route system are: A system of routes, as extensive as can be economically sustained, with regular, scheduled services by U.S. carriers is encouraged. The basic consideration in determining whether a U.S. carrier should schedule service on a new or an existing route is the commercial viability of the route and its impact on the international route system. U.S. interests are not served when foreign carriers can seek a valuable traffic right in exchange for our operating an uneconomic route. Services to Canada, Mexico, and the Caribbean should be extensions of the domestic route system. U.S. international carriers should be permitted (1) to carry local traffic on flight segments between U.S. points, and (2) to have domestic authority to feed traffic to their international operations. BERALD LIBRANY FORD Competition The Statement underscores the point that a basic tenet of U.S. economic philosophy is that market-place competition results in improved service and lower total costs to the consumer. Competition within a region is recognized as an important characteristic in international air transportation, as well as the head-to-head competition among carriers. As foreign flag competition must be taken into account, it may be counter-productive to have multiple U.S. carriers on the same routes. Regarding the international competitive environment, the Statement says: The U.S. opposes unfair, discriminatory, or restrictive practices by foreign countries that limit the competitive capability of U.S. flag carriers. The U.S. also opposes discriminatory or inequitable, charges imposed on U.S. flag carriers, for the use of airway and airport properties. Role of Scheduled and Charter Services The Statement is explicit than the 1970 Statement in addressing the more relative roles of scheduled and charter passenger operations. The discussion focuses on market requirements for scheduled and charter services; in the past the principal focus has been on regulatory distinctions. Government has the responsibility to assure that essential levels of scheduled service can be economically maintained; restraints on charter services should be the minimum, consistent with this need. There is a substantial public need for charter-type passenger operations in international markets. As in 1970, the value of competitive, yet complementary, scheduled and charter passenger services is recognized. Consideration of economic efficiency, service innovation, responsiveness, and profitability should be foremost as the relative roles of scheduled and charter operations are assessed. Governmental regulatory regimes should not stifle the flexibility of the industry to respond to market demand, nor remove incentives to keep costs low. The U.S. opposes foreign government restrictions on the competitiveness of U.S. charter operations. Administrative regulations constraining the availability and operation of charter services should be modified to make more low-cost services available. As in the Aviation Act of 1975, one-stop-inclusive-tour charter and advance booking charter programs are explicitly endorsed. While the number of carriers is not an index of the quality of the competitive stimulus provided by the supplemental industry, the ranks of the supplementals should be opened to new entrants where there are opportunities for additional carriers to initiate economically viable operations. Air Freight Freight and passenger service characteristics differ in important areas; where they do, freight issues merit separate consideration. All cargo and intermodal services should be encouraged where economically justified. The need routing and scheduling flexibility is recognized. To stimulate competition for entry into new air freight markets, there should be separate certificates for combination passenger/cargo authority and for freighter authority. Capacity The Statement makes explicit the U.S. view that capacity levels should be set individually by carriers, although because of the importance of economically viable operations, we would support temporary carrier agreements in certain cases. The preservation of the underlying competitive concept in our service bilaterals is vital, because systems under which carriers or governments predetermine capacity for market share reasons can introduce artificial restraints unrelated to carrier efficiency or traffic demands. The U.S. will seek bilateral review of foreign carrier operations considered to be in violation of our bilateral air transport agreements and will attach high priority to resolution of this matter. Fares and Rates International fares and rates should to the maximum degree feasible be cost-related, responsive to consumer demand, and established on the basis of competitive market forces. Tariffs should be greatly simplified compared with the present proliferation of discount arrangements, yet sufficiently flexible to provide genuine price/service options. As most other governments are unwilling to accept a system in which fares are established by carriers uni- laterally, the U.S. at present intends to continue to accept IATA as the principal vehicle for intercarrier negotiation of scheduled tariffs. At the same time IATA and its member carriers should revise their tariff-setting structure, so that it can be more responsive to market forces and innovative fare programs, including greater flexibility for rate setting by individual carriers. Peak/off-peak pricing and charter groups on scheduled service should enable carriers to lower the regular fares by attracting additional traffic to utilize otherwise unused capacity. To encourage the long-term growth of the air freight industry, general commodity rates should be established at reasonable levels. The U.S. will continue to support the International Civil Aviation Organization (ICAO) and its efforts to adopt and implement international standards. We will continue the present U.S. policies concerning safety, security, the environment, and fuel availability. We will seek reduced aircraft noise level standards. There has been substantial improvement in security measures throughout the world since 1970 resulting in increased protection of civil aviation and its users from criminal acts that threaten their safety. Nevertheless, the U.S. supports and seeks adoption by ICAO of even stronger security standards and recommended practices. STATEMENT OF INTERNATIONAL AIR TRANSPORTATION POLICY OF THE UNITED STATES Prepared for the President's Review August 30, 1976 THE WHITE HOUSE WASHINGTON International aviation reflects the extent to which the nations of the world are economically interdependent. Historically, the United States has had a leadership role in the development of international air transportation and intends to continue that role. Aviation is an essential part of the foreign commerce of the United States. It is required for mail, high priority cargo, government and business travel, and urgent personal travel. A desirable low-cost means of international pleasure travel, it has played an important role in bringing peoples of many cultures and nationalities to a greater sense of friendship and mutual understanding. The United States seeks an international economic environment and air trans- portation structure conducive to healthy competition among all air carriers. We shall rely upon competitive market forces to the greatest extent feasible, for it is a basic tenet of our economic philosophy that marketplace com- petition provides improved services and lower total costs. At the same time we recognize that other States may differ in their views as to how such transportation should be organized and operated. We shall work through appropriate bilateral and multilateral forums to bring about con- structive change for the benefit of air travelers, shippers, and carriers of all nations. The international air carrier industry should continue to have the primary responsibility for adapting its air transport product to public demand. Regulatory regimes imposed by governments should not stifle the industry's flexibility to respond to this demand, nor should they remove incentives to keep costs low. The Secretaries of State and Transportation, with the assistance of all the members of the task force that studied the current and prospective problems in international aviation, have produced a comprehensive statement of United States policy. The statement sets forth the objectives the United States will seek in forthcoming negotiations with other States. It calls for balanced revisions of certain regulatory policies of the Civil Aero- nautics Board. I invite interested parties to make their views on these revisions known to the Department of Transportation, which shall have the principal responsibility for seeking implementation by the Board of the regulatory reforms called for here. I am approving this statement of international air transportation policy to supersede the one issued June 22, 1970, and am directing that this new state- ment of policy guidance be used henceforth by responsible officials of the Government in dealing with international aviation matters. Gerald R. Ford September 8, 1976 STATEMENT OF INTERNATIONAL AIR TRANSPORTATION POLICY OF THE UNITED STATES TABLE OF CONTENTS Page I. Introduction Overview Structure of International Air Service Principal Objectives II. Public Service Considerations Goals Policy U.S. Flag International Route System Extent of Route System Emphasis on Major Trunk Routes Relationship to Domestic System Competition Relative Roles of Scheduled and Charter Passenger Operations Charter Services Regulations Landing Rights Authority for Charter Services Expansion of Supplemental Carriers Cargo Services Route Authority Service Considerations Split Charters III. Viability of the U.S. International Air Transportation System Goals Policy Capacity Excess Capacity Market Share Sixth Freedom Capacity Cooperative Agreements Fares and Rates Role of IATA Role of the Civil Aeronautics Board Passenger Fares Charter Rates Cargo Rates Mail Rates -ii- Page Tariff Integrity Role, Compensation and Regulation of Middlemen Government Procurements The International Competitive Environment IV. Safety, Environmental, and Other Considerations Goals Policy International Organizations Certification and Operation of Aircraft Safety. Avilability, Allocation, and Cost of Fuel Environmental Objectives and Their Impact. Security Objectives and Their Impact. I. INTRODUCTION Overview The decade of the 1970's has been characterized by grow- ing recognition of the extent to which the nations of the world are economically interdependent. International aviation is no exception. The airlines of many countries now provide safe, fast, and efficient international air service; U.S. citizens benefit from these services as they do from their own. Historically, the United States has had a leadership role in the development of international air transportation. Our continued effective participation is important to the national interest. Consistent with the longstanding recognition by the United States that privately owned and managed companies provide the most efficient and consumer responsive services, the private sector will continue to have the responsibility for operating the U.S. international air transportation system, consistent with the policies set forth here. We look forward to an era in which private American air carriers can operate effectively in the international economic environment without the need for Government subsidy and without being placed at an unfair competitive disadvantage. We will work to reform and modernize the international aviation structure in order to enable well- managed U.S. carriers to serve the public interest by providing economic air travel, to compete successfully with foreign air carriers, and to earn a reasonable rate of return on investment. The international aviation policy of the United States should be consistent with and contribute to our objectives in national defense, foreign policy, and international commerce. We recognize that our international aviation policy objectives can be achieved most effectively in cooperation with other governments, working through bilateral and multilateral channels. The Structure of International Air Service There are three major considerations in the development of international air service: route patterns, which define the markets to be served; capacity, meaning the number of flights and types of aircraft flying in these markets; and the fares charged for different kinds of services and consumers. All three are integrally related economic issues. As we attempt to introduce greater -2- rationality into the international aviation structure, we will take pragmatic steps to bring about more rational pricing policies that reflect actual costs and are respon- sive to consumer demand, to relate capacity to demand, and to select routes that closely reflect natural traffic patterns and are economically viable. As a result of these steps, U.S. carriers should be able to operate profitably, and the users of air transport services will be well-served. The United States cannot impose its economic philosophy on the rest of the world, but as a significant participant in the international aviation community we can work through bilateral and multilateral forums to bring about constructive change for the benefit of the air travelers, shippers, and carriers of all nations. We recognize that international transportation presents special challenges -- the most obvious being the need to cooperate with other sovereign nations. While the governments of other nations may share our objective of efficient transportation service, many differ sharply in their views as to how such transportation should be organized, financed, regulated, and promoted. Thus, the means by which we pursue our international policy goals often cannot be the same as those by which we conduct our domestic transportation system. While this Policy Statement calls for a large measure of regulatory reform, consistent with our domestic aviation policy, differences between the approaches taken here and those in the proposed Aviation Act of 1975 reflect awareness of the substantial differences that exist between the international and domestic operating environments: Private U.S. companies must compete with state enter- prises in most markets; competition in international air transportation is limited by government policy in almost all other countries. In some instances restraints are imposed against efficient competitive practices. Some foreign states underwrite their national carrier's losses in order to maintain large capacity to the United States for a number of reasons (e.g., tourist revenues). Similarly, foreign carriers sometimes seek below-cost cargo rates as a means of promoting their nation's exports. -3- The problem of tailoring supply to meet demand is more difficult on international routes than on usually denser domestic routes; the ratio of daily flights to the number of competing carriers is generally much lower than domestically; international aircraft are larger on average; and carriers have less flexibility in arranging intercontinental schedules. Principal Objectives In addition to promotion of an international economic environ- ment and aviation structure conducive to healthy competition among air carriers, five principal objectives will guide U.S. international air transportation policy for the future. First, reliance on competitive market forces to the greatest extent feasible, recognizing that the views of other nations may differ and that our policies must be modified in some instances in order to reach bilateral and multilateral accommodations. Second, provision for the transportation of people, mail, and goods, wherever a substantial need exists, at as low a price as is economically justified. Third, support of a private U.S. international air transportation industry that is economically viable and efficient, and that will generate sufficient earnings to attract private capital and provide job opportunities. Fourth, consistency with and contribution toward U.S. national objectives in defense and security, foreign policy, and international commerce. Fifth, encouragement of a safe and efficient system of airports and airways and protection of the U.S. environment. -4- In pursuing these objectives, the United States is con- cerned with the public interest in both low-cost, readily available air transportation and a financially viable international aviation system. We recognize the fundamental importance of maintaining a scheduled U.S. flag system to meet the public need for regular and frequent air services on an economically sound basis. We also recognize the growing demand for low-cost services and the inherent efficiencies of full plane operations generally character- ized by charter-type services. Most importantly, we recognize the need to have governmental policies that will accommodate the competitive interrelationships between these two types of services. This Policy Statement identifies ways in which the private enterprise U.S. international aviation industry and concerned U.S. Government agencies can move toward the stated objectives. To avoid undue disruption, there should be an equitable phasing of the elimination or relaxation of the regulatory restrictions called for here. -5- II. PUBLIC SERVICE CONSIDERATIONS The United States seeks to meet the needs of the consumer by providing for the safe and efficient transportation of people, mail, and goods. The international air trans- port system should have a favorable impact on the economic growth and foreign commerce of the United States and of our trading partners. In pursuit of this objective, the United States seeks an international air transport system that provides the capability and flexibility to respond efficiently to changing market conditions and requirements, wherever a substantial need for air transportation exists. GOALS To this end, the United States will pursue the following goals: Regularly scheduled international air transportation of people, mail, and goods at as low a cost as is economically justified. International air charter transportation of people and goods by charter specialists and scheduled carriers operating charter flights, at as low a cost as is economically justified, recognizing that essential levels of scheduled service must be main- tained. Effective competition among carriers and among the classes of service offered, including a fair and equal competitive opportunity for the private enterprise air carriers of the United States. POLICY U.S. Flag International Route System Air transportation is an essential part of the foreign commerce and international trade of the United States; it is required for mail, high priority cargo, government and business travel, and urgent personal travel. It is a desirable, low-cost means of international pleasure travel. International air transportation operates in a complex and changing regime of law and politics involving a few multilateral treaties, many bilateral arrangements, and a wide collection of national laws, regulations, and policies. Continuation of a U.S. flag air transportation system will require continuing negotiations between the United States and other nations to arrange equitable operating rights and privileges. -6- Air transport interests are best assured for Americans by the presence of a strong, viable, privately owned U.S. flag international air fleet. Such a fleet is also an important reserve asset to meet U.S. military requirements and non-military emergency situations. Extent of Route System. Because most business travelers, many other international travelers, and most air freight shippers rely on the regular availability of air service on relatively short notice that is characteristic of scheduled services, the U.S. Government should encourage a system of routes, as extensive as can be economically sustained, with regular, scheduled service by U.S. flag air carriers. The basic consideration in determining whether a U.S. carrier should be authorized to schedule service on a new or an existing route is the commercial viability of the service on that route and its impact on the inter- national route system. The U.S. Government should support fully actions by U.S. flag carriers to rationalize their route structures: to drop uneconomic routes, to identify new markets that are economically viable, and to seek an overall route structure that is responsive to consumer demand and profitable to operate. There may be a few extremely rare instances where a specific and clearly defined national defense or foreign policy interest may require service by a U.S. carrier on a route that is not economically viable. For these exceptional circumstances direct Federal subsidy would be preferable to a policy of indirect subsidy or cross-subsidization from profitable routes. New international route authority is awarded to U.S. carriers in the context of the bilateral framework within which international air transportation operates. Thus decisions on entry raise issues that must be negotiated between governments. It does not serve the interest of the United States to be put in a position where foreign governments can seek valuable rights for their carriers as a consequence of our granting uneconomic routes for our carriers. Consistent with the policy that interna- tional routes should be economically viable, where the -7- United States has paid in bilateral route concessions for the traffic rights which could be implemented in a given route award proceeding, an important decisional criterion in carrier selection is the ability to compete effectively with foreign flag carriers in the market at issue. U.S. policy continues to be that negotiations should lead to an equitable exchange of route rights for both scheduled and charter services. Our primary and overriding objective is to achieve an international environment in which privately owned and operated U.S. air carriers have a fair and equal opportunity to compete for benefits at least as great as those available to foreign carriers. The United States will continue to endorse the exchange of air transport rights and privileges through a system of bilateral air transport agreements. We have considered multilateral agreements and other alternatives to the bilateral system, but are not convinced that another system would work more effectively. While particular problems, such as fare and rate regulation, may require multilateral discussion, we can work within the basic structure of bilateral agreements, which provides sufficient flexibility to accommodate most circumstances. Emphasis on Major Trunk Routes. Major traffic flow patterns and trunk routes between the United States and four principal areas of the world--Europe, Africa, Central/South America, and Asia/Oceania--are clearly discernible. U.S. carrier operations over these trunk routes form the backbone of our intercontinental air transport system. U.S. carrier participation on these routes is essential to the maintenance of a U.S. flag system. Major trunk routes and markets should be identified by the U.S. air carriers and given priority negotiating attention by the U.S. Government. Reciprocal operations provided by foreign carriers with supporting secondary traffic should be expected on such routes. As the quality and quantity of foreign flag air service between foreign air traffic hubs improves, U.S. flag carriers should emphasize third- and fourth-freedom scheduled services, even while recognizing that fifth-freedom traffic is important for their economic viability. Viable airline routes, particularly long-haul trunk routes, draw upon a variety of traffic flows for support. Many cities in foreign countries are situated ideally to serve as gateways, or conduits, through which foreign carriers have attracted traffic flows and thus have improved their FORD -8- competitive position relative to U.S. carriers. In negoti- ating international route patterns for U.S. carriers, the U.S. Government should structure routes in a way that enables our carriers to draw upon natural traffic flows and, thereby, compete effectively with foreign carriers. Relationship to Domestic System. The U.S. international route system is not and should not be viewed as completely separate from the domestic system, although we must recognize the differences between domestic and international air transportation. The growing volume of international traffic, both passenger and freight, has resulted in expansion of direct international scheduled services at many American cities. A number of cities are seeking new direct and nonstop services to points in Europe, Asia, and South America. The United States-Canada routes already are natural extensions of the domestic networks in both counties; the United States-Mexico routes increasingly are becoming extensions of domestic route systems. Closer integration of international and domestic route systems is in the public interest, in part because exces- sive channeling of passengers and freight through a limited number of gateway points inconveniences passengers and shippers and ignores, in some instances, natural traffic flows, market requirements, and the economics of modern aircraft. The following actions will lessen the artificial regulatory distinctions between domestic and international traffic categories and will result in greater convenience for the public and operating efficiency and competitive opportunity for the carriers. Services to Canada, Mexico, and the Caribbean should be extensions of the domestic route system. Authority to carry local traffic on domestic segments of international flights, both passenger and freight, should be granted, because regulatory restrictions on the local traffic authority of U.S. international air carriers no longer serve the public interest. Such authority will increase the economic viability of domestic extensions of international flights, thereby supporting more direct services for the shipping and traveling public. Blocked space agreements on domestic segments of international flights and equipment interchange agreements should be considered by the carriers and the Civil Aeronautics Board as means to increase the economic viability of behind-the-gateway route segments, and hence to benefit the public with more direct service at more American cities. -9- All U.S. international carriers should be permitted to have domestic traffic systems to feed traffic to their international operations. In the interest of obtaining better services for the consumer, consideration also should be given (1) to the competitive and public service benefits that might be achieved in major international markets by authorizing different U.S. carriers to serve a foreign point or area from different cities or regions of the United States, and (2) to lessening the emphasis on the traditional intercontinental gateways, by granting direct service authority at more domestic points. The need to gather traffic at "gateways" in order to have the high load factors in widebodied equipment that permit low fares and fuel savings, however, must be taken into account. Competition A basic tenet of U.S. economic philosophy is that market- place competition produces improved service and lower total costs for the consumer. This is as true in aviation as it is in other areas of commercial activity. However, it does not follow that there must be multiple U.S. flag carriers on all international routes. Foreign carriers are sophisticated competitors for U.S. carriers in most markets; their competition needs to be taken into account as we determine whether more than one U.S. carrier should be designated for a particular route or market area. Too many carriers on some routes may undercut the economic viability of service without benefiting the public. A primary consideration in authorizing an additional U.S. flag carrier on a route already served by one or more flag carriers is the quality of service (availability and price) provided the public. Accordingly, U.S. carriers should recognize that award of a route carries with it the responsibility for adequate service and performance. Poor performance by an incumbent carrier, which is not due to factors over which it has no control, may be grounds for replacement. In addition to route competition between carriers, area competition is a fundamental characteristic of international air transportation. Such competition among carriers should be recognized in designating U.S. carriers for international routes, because unlike domestic travelers, tourists who are flexible in their choice of overseas destinations constitute a large share of the intercontinental air passenger market. Beach resorts around the world (and the carriers serving them) often compete, for example, for the same tourists. The Alps and the Rockies may compete as destinations for skiers. Within Europe, -9(a)- Amsterdam, Brussels, Copenhagen, and Luxembourg compete with Frankfurt, London, Paris, and Rome as the starting points for European holidays. The air carriers serving these points, both charter and scheduled, compete in arranging and offering tourist opportunities, both group and individual, to the destinations they serve. -10- Furthermore, the service benefits, stimulated by U.S. carrier competition on an area basis for the destination- flexible tourist traffic, are of course often available to the destination-inflexible traveler. If the U.S. Government authorizes more air carriers than a particular market will support, predatory pricing or market restrictions by other governments may result. The United States should authorize more than one U.S. flag airline in scheduled international markets only if they can operate profitably, taking into consideration the presence of competition from foreign scheduled airlines and from domestic and foreign charter airlines. Relative Roles of Scheduled and Charter Passenger Operations There are generally two kinds of international air pass- engers: those who are departure time-sensitive and relatively insensitive to price, and those who are price-sensitive and relatively insensitive to departure time. In most cases, time-sensitive travelers have fixed engagements at foreign points; they rely primarily upon scheduled air service available on short notice. For the benefit of these passengers, the Government has the responsibility to assure that essential levels of regularly scheduled service can be economically maintained. Restraints on charter services should not go beyond what is needed for this purpose. Travelers who are primarily concerned with price generally are willing and able to accept advance purchase require- ments. Since many of these passengers have considerable flexibility in the day and time of their travel, they usually can adjust their schedules to fit efficient patterns of capacity. Therefore, they should enjoy the benefits of lower prices that result from the inherent efficiency of high load factor or planeload movements and the flexibility realized by the carriers in scheduling capacity for maximum utilization. Bringing the benefits of such efficiencies to the traveling public offers the best opportunity for increasing traffic in the price-elastic sectors of the market. Thus, there is a substantial public need for charter-type passenger operations in international markets. The 1970 Statement of International Aviation Policy recog- nized the value of competitive, yet complementary, scheduled and charter passenger services. The basic policies articu- lated there will be continued. However, the regulatory structure at the Civil Aeronautics Board and within the International Air Transport Association (IATA), as it affects -11- scheduled and charter services, requires substantial alteration to improve the efficient utilization of equipment and energy resources, thereby assuring the lowest possible fares over the long term. Considerations of economic efficiency, service innovation, responsiveness to market factors, competitiveness, and profitability should be foremost as the relative roles of scheduled and charter passenger operations are assessed. The industry should continue to have the primary responsi- bility for adapting its air transport product to public demand. Regulatory regimes imposed by governments should not stifle the flexibility of the international air carrier industry to respond to this demand, nor should they remove incentives to keep costs low. This is particularly true in the area of charter transportation where regulatory structures traditionally have been restrictive. In particular, the United States will use all appropriate means to prevent restrictions by foreign governments on the competitiveness of passenger charter operations by all U.S. carriers. Charter Services Regulations. Consistent with the foregoing principles, the administrative regulations constraining the availability and operation of charter services should be modified to make available more low-cost services to the traveling public. This government is presently developing new charter program types to replace some existing types that have not served the public well, because they have been either discriminatory or overly restrictive. Our objective is to reduce the multiplicity of charter types to a smaller number, to simplify the regulations, and to facilitate the use of charters by the public and the travel industry. Furthermore, we request other governments to accept U.S.-origin charters of these basic types. A year ago the Civil Aeronautics Board took an important step in broadening the availability of low cost travel opportunities by announcing the One-Stop Tour Charter (OTC) programs. It also has proposed regulations for a charter type new to the United States--the Advance Booking Charter (ABC). Final ABC regulations should be promulgated at the earliest opportunity, with conditions that will assure their viability in the market place. Charter regulations that impose requirements not related to cost or quality of service, such as prior-affinity requirements or three-stop requirements, should be elimin- ated as soon as viable alternatives are in place. Overly restrictive Travel Group Charters should be eliminated. -12- Although empty seats are an inevitable product of any on-demand, scheduled transportation service, they represent an inefficient and wasteful use of resources, if some of the seats might be filled without turning away on-demand traffic. The scheduled carriers should have the flexibility of carrying advance-purchase charter groups on either their regularly scheduled flights or on flights dedicated to charter movements, provided that neither the financial soundness of the scheduled carriers, nor the operations of the supplemental carriers, are unduly harmed by this new authority. In the long term it would be desirable to achieve as much commonality among nations as possible on the regulatory principles governing charter traffic. However, because the specifics of charter regulations must be adapted to the particular economic and marketing circumstances of the country in which the traffic is organized, it cannot be expected that complete international commonality can be achieved. Accordingly, the United States will continue to advocate the "country of origin" concept, enabling each country to adopt those requirements that meet its unique needs. Landing Rights. The United States will continue to pursue landing rights for charter services that are as free from restrictions as possible, and will seek the negotiation of agreements wherever appropriate. At issue in such negotia- tions will be the continuation of charter rights held by foreign carriers, and the nature of such rights. While charter service landing rights should be negotiated on their own merits, we must be sufficiently flexible to take into account the present and future realities of the marketplace, including the relationship between scheduled and charter operations. The United States will continue to insist that, in the provision of charter services, U.S. scheduled and supplemental carriers be treated equally. Authority for Charter Services. While they may have had some regulatory value in the past, distinctions between on-route and off-route charters for scheduled carriers and geographic restrictions on the charter authority of supplemental carriers reduce competitive flexibility and the availability of charter services. In place of the present on-route/off-route distinctions for international charters by scheduled carriers, U.S. international carriers should have unrestricted charter authority within the regions where they provide scheduled services. The supplemental carriers -13- already have authority on a regional basis. Both inter- national scheduled and supplemental carriers should have expanded opportunities to operate charter flights outside their authorized regions. Expansion of Supplemental Carriers The fact that a carrier was initially certificated as a supplemental should not bar it, as a matter either of law or of regulation, from acquiring a scheduled cer- tificate, so long as it meets the same requirements that a scheduled carrier must meet. Since 1963, mergers, bankruptcies, and other adjustments have caused a substantial reduction in the number of supplemental air carriers. Of the thirteen U.S. carriers originally granted supplemental certificates, only six are currently active operators of charter authority. In the past decade the supplemental carriers have been an effective, valuable competitive spur. They have fostered market development and introduction of new price/quality options that have benefited the traveling public and the tourist industry here and abroad. While the number of supplemental carriers is not an index of the quality of the competition provided by this important segment of the air transport industry, there now may be opport- unities for additional supplemental carriers to initiate economically viable operations, in which case the ranks of the supplementals should be opened to new entrants. Cargo Services Freight and passenger service characteristics differ in important areas; where they do, freight issues merit separate consideration. International air cargo operations should respond to the need of commerce and the shipping public for fast, reliable transport of relatively high-value or short-life goods. The 1970 Policy Statement recognized the impact of wide-bodied aircraft on passenger services. Now U.S. policy must be cognizant of their impact on freight service and development. Because of the inherent cost advantage and energy efficiency of surface transportation, air freight is and always will be a premium transportation service, although for international passenger service, air travel is the low cost option. While surface transport provides for the regular flow of most goods, air freight is and must be available for urgent shipments to respond to peak require- ments, to compensate for underestimates of product demand, and to remedy untimely shipping delays. -14- Air freight must be viewed as a part of the total freight transportation system, inevitably involving truck transport, and often rail or water movement as well. Air transport is an essential component of an expedited intermodal freight delivery system. The air carriers should seek to improve the quality of the total transport service by effectively integrating the ground and air transport segments, in order to lessen total transit time, improve shipment security, and lower transport costs. Route Authority. All-cargo and intermodal services provide a distinct benefit to shippers; their expansion should be encouraged where economically justified. In granting authority for all-cargo operations, recognition should be given to the need for routing and scheduling flexibility, which may differ considerably from passenger routing and scheduling patterns. At present, if an all-cargo carrier wishes to obtain route authority, it must make a public convenience and necessity (PC&N) argument based on freight operations alone. A passenger carrier, however, can make its PC&N argument based on passenger traffic only or on a combination of passenger and freight traffic, initiate passenger (and combination freight) service, and then, at its option, initiate freighter service as the air freight market develops without any regulatory PC&N require- ment or hearing before the Civil Aeronautics Board. In such a regulatory cycle the cargo specialists, whose innovations and efficiencies have spurred the growth of international air cargo service, have little opportunity to compete for new markets and to speed freight market development. Thus to stimulate competition for entry into new air freight markets, the Board should make separate determinations to grant separate certificates for combination passenger/cargo authority and for freighter-only authority. As a further step in stimulating competition in the development and service of air freight markets, the Board should consider granting the U.S. all-cargo carriers authority for inter- national scheduled freighter services on a regional basis. Such authority would enable the all-cargo carriers to institute new scheduled freighter services in their service region at their option without the need for and the delays inherent -15- in successive regulatory "PC&N" investigations. The authority for the combination carriers to institute freighter services on any of their routes which now serve passengers predominantly would remain unchanged. Rights for all-cargo routes should be incorporated into existing bilateral agreements, rather than being made the subject of separate agreements. Service Considerations. Because shippers place a high value on the availability and timeliness of delivery, the primary service considerations for the international freight shipper are departure time and arrival time. Freight shippers generally seek the on-demand availability characteristic of scheduled service. Indeed, small shippers do not even have access to charter services. Consequently, the development of air freight service should provide for substantial service improvements for those shippers, large and small, who desire or require the premium transporta- tion service offered by reliable, frequent, extensive schedules of freighter aircraft. The greater the volume moving on scheduled services the more extensive can be the scheduled route network and, by increasing the load factor, the lower the cost to the shipper. The availability of charter services is especially important for off-route freight shipments and for freight requiring peculiar handling or security arrangements. Split Charters. Passenger charter operators are permitted to carry separate charter groups on the same flight, but currently are prohibited from carrying passenger and cargo charter traffic on the same flight; this may result in inefficient aircraft utilization. The economic efficiency of charter operations would be enhanced by removing this prohibition, and permitting separate cargo charters to be carried on passenger charter flights. -16- III. VIABILITY OF THE U.S. INTERNATIONAL AIR TRANSPORTATION SYSTEM The air transport interests of the United States are best assured by a private U.S. international air trans- portation industry that is viable, efficient, and capable of generating sufficient earnings to attract private capital and provide job opportunities. GOALS In pursuit of this objective, the United States will support vigorously: A strong, viable system of international routes. A modernized regulatory structure within which carriers can respond to changing market conditions. Fare structures that respond to consumer demand, offer price and quality-of-service alternatives, enable long-term market growth, and permit profitable operations by efficient carriers. Innovation in developing services that expand markets and attract passengers and cargo shipments. Efficient use of fuel and other resources. Prevention of predatory and monopolistic practices. POLICY Capacity Because international routes are determined by government agreements and tariff structures are determined within the International Air Transport Association forum, capacity has been the principal competitive medium. However, in recent years excess capacity, caused by commit- ment to too many aircraft and by declining traffic, has been a severe economic burden to the industry. Many carriers have chosen to compete through illegal fare discounting or excessive payments to middlemen rather than risk the loss of market share by reducing capacity. Although perceptions may differ, many industry managers appear to attach significant value to market share. Of particular relevance to government policy is the fact that many foreign governments are willing to underwrite the costs of excess capacity in order to preserve or improve the market share of their national carriers or to generate additional foreign exchange earnings. -17- In adjusting capacity to changes in traffic, scheduled carriers must contend with the relatively low frequency of long-haul international flights, the number of carriers in any given market, and the size of efficient modern long-range aircraft, all of which impede scheduling flexibility and aggravate attempts to rationalize capacity. Carriers on only four or five intercontinental routes operate more than once-daily service. In many international markets, direct services are operated only two or three times a week. Bilateral exchanges have led to the authorization of at least two air carriers on most international routes even though the optimum number of daily flights is much lower on many international routes than on domestic routes. Long route segments, multiple time zone changes, and airport curfews inhibit carrier flexibility in arranging intercon- tinental schedules. Three principal international capacity issues that require attention are excess capacity, market share, and sixth freedom capacity. Excess Capacity. Even under circumstances of extreme financial distress, the preferred approach to excess capacity is unilateral reductions by the carriers. However, in the recent past, in a marked departure from fundamental U.S. policy, limited and temporary carrier agreements on capacity have been permitted. This exception was made because of the serious level of excess capacity (i.e., capacity in excess of traffic demand at a reasonable load factor) in the international aviation system and the resulting financial distress of the U.S. carriers. Most of this excess capacity resulted from the purchase of equipment in anticipation of continued traffic growth which failed to occur during the fuel crisis and worldwide recession. As the economic recovery continues and demand catches up with capacity, such agreements would no longer be necessary. The recovery of the world economy should absorb the present excess over the next several years, and market-based decisions should again be adequate to establish rational levels. Nevertheless, in the short run, because of the importance of economically viable operations, we should support approval by the Civil Aeron- autics Board of temporary carrier agreements if the following standards apply: -18- Excess capacity is having a serious, adverse impact on the viability of operations on the route system in question. The public interest is served by assuring adequate scheduled service on the route by a U.S. carrier. Unilateral reductions, or other less anticompetitive alternatives, are shown by clear and convincing evidence of past practice to be infeasible, and, if undertaken in the current context, would put the carrier making them at a significant competitive disadvantage with respect to other carriers on that route. Carrier agreements should be temporary and subject to approval, monitoring, and evaluation by the Civil Aero- nautics Board. Any renewal of such agreements should be subject to the foregoing standards. Capacity agreements arrived at between governments generally do not have the benefit of exposure to public reaction and response that carrier agreements do. Government intervention should be used only where there is a clear need for capacity reduction, as defined above, and attempts at unilateral cutbacks and carrier agreements have been ineffective. Market Share. The second capacity issue is market share. The United States has traditionally espoused the Bermuda system, under which each carrier determines for itself the level of capacity it believes is warranted, subject only to ex post facto review by governments. The United States is faced with increasing criticism of the Bermuda system by foreign governments whose perceptions of competi- tive principles differ from our own. The preservation of the competitive concept underlying the Bermuda system is vital, because systems under which carriers or govern- ments predetermine capacity for market share reasons can introduce artificial restraints unrelated to carrier efficiency or traffic demand. When capacity disputes arise, the United States must must weigh carefully each situation to determine overall U.S. interests. Special procedures to deal with capacity disputes may be appro- priate in some instances. When other countries advocate less flexibility in capacity competition, we may insist, as a quid pro quo, on greater flexibility in pricing competition, SO long as forecast load factors are well below full utilization load factors. Sixth Freedom Capacity. The third capacity issue arises from situations where carriers rely excessively on traffic having its origin or destination behind the homeland of the carrier. Such reliance is contrary to the provisions -19- of our bilateral air transport agreements; these operations have severely distorted traffic levels and distribution in certain markets. The United States will seek bilateral review of foreign carrier operations considered to be in violation of such provisions and will attach high priority to resolution of this matter. Cooperative Agreements The United States will continue to have a flexible policy with respect to operating arrangements, such as interline agreements, equipment interchanges, and blocked space agreements. Arrangements of these kinds can help to promote efficiency and improve service. They may also allow economically viable operations in markets that might otherwise go unserved and may meet other international aviation policy objectives as well. Such arrangements may be permitted and even encouraged in cases where their service benefits clearly are more substantial than their anticompetitive impact. On the other hand, economic agreements such as revenue or traffic pools generally are contrary to the public interest and will be dis- couraged. Pooling proposals should be disapproved unless there is clear and convincing evidence that the pool would achieve significant U.S. policy objectives and more competitive alternatives are not available. Strict reporting and tariff conditions must be integral to such agreements to assure that they are not contrary to the public interest. Fares and Rates The preferred means of assuring economic efficiency is through the operation of free-market forces. However, fundamental restraints limit the operation of free com- petition in international air services. In support of an economically sound and efficient air carrier industry, therefore, the United States will continue a system of government oversight of international passenger fares and cargo rates. International fares and rates should, to the maximum degree feasible, be cost-related, responsive to consumer demand, and established on the basis of competitive market forces. The tariff structure, based on these principles, should substantially benefit passengers, shippers, and carriers alike. Within such a structure we would expect to achieve fares and rates that are: Set by individual carriers at the lowest levels that permit an efficient carrier to earn a reasonable return. Greatly simplified compared with the present prolif- eration of discount arrangements, yet sufficiently flexible to provide genuine price/service options. -20- A more simplified fare structure, including simplified construction rules, stopover provisions, and circuity allow- ances, would facilitate adherence to and enforcement of the agreed fares. The compulsion of some carriers to pursue traffic at any cost on a total market share basis, whether to maintain market share or to support unneeded capacity, has resulted in special, low unprofitable fares. It also has led to unlawful discounting. Such practices obviously have aggravated the carriers' financial difficulties in the past. In the last analysis, however, carriers cannot expect to achieve profitable operations unless capacity is related to demand. Role of IATA. Most other governments are unwilling to accept a system in which fares are established by carriers unilaterally. The alternative of establishing fares by intergovernmental agreement, whether bilaterally or multilaterally, would be complex and unwieldy. Moreover, it is not a desirable alternative because governments should not be involved in fixing international fares as a general practice. Therefore, the United States at present intends to continue to accept the International Air Transport Association as the principal vehicle for intercarrier negotiation of scheduled tariffs. At the same time IATA and its member carriers should revise their tariff-setting structure, so that it can be more responsive to market forces and innovative fare programs, including greater flexibility for rate setting by individual carriers. Role of the Civil Aeronautics Board. In reviewing both agreements and individual tariffs, the Board should provide a meaningful opportunity for public hearings or other public review. Board action on IATA agreements should be taken in a timely fashion, so that the member carriers of IATA can give reasonable public notice of new tariff schedules prior to their implementation. -21- To assist in achieving a cost-based tariff structure and maximum pricing efficiency, the Board should identify the types of costs that it will apply in determining whether to approve rate agreements or individual tariff filings. Generally, the cost levels should be those of the most efficient carrier. The Board should publish its cost data well in advance of IATA traffic conferences or the likely dates of significant new individual tariff filings. Passenger Fares. The present international fare structure contains fares that are largely unrelated to the costs of providing the service. Because of its unwarranted complexity, the present fare structure also is unfair to the traveling public, as it results in frequent mis- quotation and misconstruction of fares. The United States has serious reservations about the practice of charging normal-fare passengers fares that are unreasonably in excess of fully allocated costs, in an attempt to subsidize the carriage of other passengers at fares unreasonably below cost. For example, since today only about twenty percent of North Atlantic travel is at undiscounted fares, the point of departure for rationalization of the fare structure would seem to lie with the promotional fares and with bringing published tariffs into line with actual costs. Across-the-board percentage fare increases will not solve this fundamental problem. The United States supports a narrowing of the gap between normal economy fares and promotional fares and the rationalization of the present charter-competitive fares on a cost-related basis. These fares, as well as any new promotional fares, must be justified on their respective economic merits. In evaluating new proposals for promotional fares, the Civil Aeronautics Board should take into account the relationship to scheduled service costs. Further, the entire question of the validity of the present highly differentiated North Atlantic passenger fare structure should be explored in depth in the North Atlantic Fares Investigation, presently before the Board. A more rational relationship between normal and promotional fares is not inconsistent with the use of pricing flexibility as a means of achieving a satisfactory balance between traffic and capacity levels. As noted earlier, the nature of long-haul international markets inhibits FORD -22- the carriers' ability to adjust capacity to meet daily and seasonal fluctuations in demand. Pricing policy can be an important tool for lessening these fluctuations by encouraging traffic to adjust to efficient levels of capacity. Increased efficiency in capacity utilization means higher average load factors, which can then permit lower fares for scheduled flights, stimulating still more traffic. Much of the international air travel market is composed of price-sensitive, destination-flexible vacation travelers; therefore, the traffic stimulus of lower fares can be large, as has been demonstrated in the transatlantic market in the past decade with the major expansion of charter services. Such traffic expansion can result in greater revenues for the carriers and in greater tourism receipts for the destination countries. The carriers, however, should exercise restraint in their pricing practices. In seeking charter-competitive fares, scheduled carriers have paid insufficient attention to demand peaking, incurred major losses, and attempted to offset these losses by increasing the regular fares. Peak/off-peak pricing and charter groups on scheduled service should, to the contrary, enable carriers to lower the regular fares by attracting additional traffic to utilize otherwise unused capacity. While some carriers may argue that the result is to dilute yield -- i.e., revenue per revenue-passenger-mile -- the more meaningful result is to increase total flight revenue, meaning that the regular fare passenger has a lower expense burden per aircraft mile. Governments, however, must prevent predatory price competition. Charter Rates. Charter rates, for both passengers and freight, should be subject to the same criteria and policies as fares for scheduled air services, particularly their relationship to costs. The Civil Aeronautics Board proposed several years ago a system of minimum passenger charter rates related to costs. While the courts held that this proposal exceeded the Board's powers, the Board can and should publish its cost data against which particular charter rates are to be judged, as is recommended above for scheduled service fares. Cargo Rates. Cargo rates should be responsive to shipper demand and related to actual costs. The Civil Aeronautics Board should prevent the use of scheduled cargo rates below the costs of the most efficient all-cargo carrier, whether the rates are offered by all-cargo or combination carriers. -23- With the further introduction of wide-bodied all-cargo aircraft, appropriate weight breaks reflecting large volume cost savings should be permitted. The present structure of specific commodity rates (SCRs) is, as the Civil Aeronautics Board has stated, unfair both to the shipper (and hence, the consumer) and to the carrier. Rate differences among commodities do not reflect inherent carrier cost differences, and SO result in cross- subsidization: one commodity paying, in part, for the transport of another. Unduly low SCRs invite misclassifica- tion of commodities, thereby sapping carrier revenues or posing a burdensome tariff enforcement requirement. Continued reliance on moving two-thirds to three-quarters of the tonnage at promotional specific commodity rates based on marginal costs is incompatible with developing a sound economic structure for air freight service. To encourage the long-term growth of the air freight industry, general commodity rates should be established at reasonable levels related to costs. When this has been accomplished, it should be possible to abandon the specific commodity rates as they exist today. The intro- duction or maintenance of a limited number of specific commodity rates, where considered essential to attract new traffic, would be desirable. These rates should not remain in the structure indefinitely, but should be in- creased over a period of time to the general commodity levels. Special commodity rates may also continue to be appropriate for commodities that have special handling or shipping requirements. -24- Mail Rates. The Civil Aeronautics Board should act expedi- tiously on proposed changes in rates for the international air transportation of mail. It should provide for temporary rates, which cover the costs of U.S. carriers, until final Board resolution of the issue and, as provided by the International Air Transportation Fair Competitive Practices Act of 1974, should give proper consideration to the cost-related elements of the Universal Postal Union (UPU) rates. In addition, the Congress has directed that the Board consider the competitive disadvantage of U.S. flag carriers resulting from their foreign com- petitors' receiving the UPU rates for carriage of foreign mail. Tariff Integrity The existence of a tariff structure is of little value if there is widespread deviation from the published tariffs. In the past few years, the practice of undercutting published tariffs has become common in international operations, and is now of considerable economic significance. We are concerned about this erosion of tariff integrity and the harmful discrimination that results from it. The general public suffers from higher fares, and the carriers from reduced net revenues. A basic consideration in this area is the need to relate fares more closely with costs and to eliminate the excess capacity which encourages undercutting. Role, Compensation, and Regulation of Middlemen Transportation middlemen-- travel agents, tour operators, air freight forwarders, cargo agents and others -- perform a valuable service for the traveling and shipping public. The major part of international traffic is handled through the thousands of businesses that compete in arranging not only air transportation services, but the ancillary services that faciliate the efficient flow of passengers and goods. -25- Since middlemen are an integral part of the international air transport system, it is essential that reasonable standards for consumer protection be observed. Federal licensing or certification of middlemen should be con- sidered only to the extent necessary to ensure minimum consumer protection standards. Those middlemen that operate as indirect air carriers (air freight forwarders, inclusive tour charter operators, and military charter operators) should continue to be regulated by the Civil Aeronautics Board only to the extent necessary to protect the consumer. Self-regulation should be considered for the remainder of the industry which could establish standards and conditions of operation, subject to Govern- ment review. The compensation of travel agents by commissions has become a subject of considerable controversy. Rather than having IATA involved in the establishment of commis- sion levels, we recommend that each carrier establish its commission structure independently. This will promote additional competition and allow each carrier to tailor its approach to commission structure independently. It would also permit each carrier to relate the level of commissions to the value of the middlemen's services. To help ensure consumer awareness and to permit the Civil Aeronautics Board to take commission costs into account in determining total carrier costs as a basis for fare decisions, carrier commission structures should be filed for public inspection at the Board. However, the Board should not regulate the level of commission rates. As long as travel agent commissions are a part of the air ticket price, the public should be informed as to the arrangement between the carrier and the middlemen. This will guard against undue preference or advantage being given to any particular agency or individual. Government Procurements U.S. Government procurement of foreign and overseas air transportation services from U.S. flag carriers helps to sustain the U.S. international route system, and there- by to assure the continuing availability of U.S. flag service for the transport of U.S. mail, U.S. Government personnel, and U.S. citizens. -26- We should make better use of civil capacity to meet Depart- ment of Defense and other Government air transportation needs. Specifically, we should minimize the economic impact on commercial air carriers of large scale operations by the Military Airlift Command (MAC) fleet by utilizing civil capacity rather than MAC capacity to the extent practicable in peacetime. However, this policy recognizes the need to maintain an effective MAC capability and to use efficiently the MAC airlift capacity resulting as a by-product of essential training. U.S. carriers are encouraged to continue participation in the Civil Reserve Air Fleet (CRAF) program. The airlift capability, maintained by normal civil air carrier operations and therefore available for national emergency use, is a major contribution to the preparedness of the United States and makes military duplication of that capacity unnecessary. A viable U.S. flag industry is essential to make the program effective; any diminution of U.S. flag capability would reduce the effectiveness of the CRAF program. As set forth in the International Air Transportation Fair Competitive Practices Act of 1974, U.S. Government- financed air transportation must be performed on U.S. flag carriers to the extent such services are available. The Government should pay the same tariff rates as the general public for all its procurements of air transport service except where a separate rate is established on the basis of costs incurred by the airlines in providing specific services to the U.S. Government. In the event that U.S flag scheduled flights are not available for the timely transport of U.S. mail, the Postal Service should attempt to transport the mail on charter flights of U.S. carriers, route or supplemental. To the extent that the Board-determined international mail rates are below UPU rates, this practice would offer cost savings to the Postal Service. The International Competitive Environment The United States opposes unfair, discriminatory, or restrictive practices by foreign countries that limit the competitive capability of U.S. flag carriers. Section 2 of the International Air Transportation Fair Competitive Practices Act of 1974 specifically directs Departments and Agencies of this Government to seek elimination of these practices. This policy will be pursued vigorously. YORD Jovagia -27- The United States also opposes discriminatory or inequitable charges imposed on U.S. flag carriers for the use of airway and airport properties, and we will utilize to the maximum extent feasible Section 3 of the International Air Transportation Fair Competitive Practices Act of 1974, or Section 301 of the Trade Act of 1974, to correct inequities. This Government clearly recognizes the need to recover from users the costs of the services provided. We believe that, in imposing such charges, care should be taken to ensure that they are not discriminatory and that the level of the charge is related to cost. On both of these issues, the United States will seek change through negotiation. As a last resort, however, unilateral action may be taken to correct the problem. -28- IV. SAFETY, ENVIRONMENTAL, AND OTHER CONSIDERATIONS It is the objective of the United States to achieve an advanced, safe, and efficient system of airports and airways to support international air transport. GOALS In support of the foregoing objective, the United States will pursue: Full and fair allocation among users of the costs of operating airports and airway systems. Prevention of hijacking, air piracy, and terrorism. Maintenance and development of high quality aircraft, airports, and navigational systems and development and implementation of technological improvements that enhance energy and economic efficiency in air transportation. Enforcement of regulations to protect the U.S. environment. POLICY International Organizations The United States will continue to support the International Civil Aviation Organization (ICAO) and its efforts to adopt and implement international standards. A fundamental policy principle is to promote, through ICAO, common requirements and practices regarding technical, facilitation, and legal matters affecting international civil aviation. In this respect, the United States believes that ICAO should continue to direct its activities towards those issues where solutions customarily have been sought through multilateral governmental action. FORD -29- A basic strength of ICAO has been its ability to focus on the technical aspects of international aviation and the willingness of its members to minimize political influences on the work of the organization. The United States will resist the injection of non-aviation issues into ICAO proceedings; we urge other governments to adopt a similar position. Certification and Operation of Aircraft We will continue the present U.S. policies concerning safety, security, the environment, and fuel availability. Safety. With respect to safety (including the air movement of hazardous materials), the United States supports the development of uniform international regulations governing flight safety, airspace systems, operations, and airworthi- ness. To advance this objective, the United States has embarked upon a program of comprehensive biennial reviews of its safety regulations to ensure that its aircraft are produced and operated safely as air navigation and aeronautical technology advance. These reviews are being conducted in cooperation with other nations with the intention of achieving more general agreement on common standards. Availability, Allocation, and Cost of Fuel. Nations should treat their own carriers and foreign carriers the same in any system of fuel allocation and pricing for international air transport. The United States intends to adhere to this principle and expects other countries to do likewise. Environmental Objectives and Their Impact. The United States encourages agreement on international environmental issues through the ICAO forum. This should promote equal treatment for foreign and domestic carriers through inter- national regulations and preclude any unwarranted economic advantages or disadvantages for competing carriers which would otherwise have to satisy diverse national requirements. While the environmental needs and resources of the United States may differ from those of other nations, every effort will be made to obtain international acceptance of U.S. requirements. The actions taken by the U.S. Government must be responsive to the legislative mandates that seek to protect the public health and welfare of American citizens. We will seek an ICAO agreement on application of noise standards for existing aircraft in international operations. If it proves impossible to obtain international agreement on environmental problems such as noise and engine emissions, the United States FORD may then find it necessary to develop U.S. national standards more stringent than those which can be developed through ICAO, in order to protect human health and environmental LIBRARY quality. -30- Security Objectives and Their Impact. Travel on all air carriers must be safe and secure from unlawful acts. The Anti-Hijacking Act of 1974 and the Air Transportation Security Act of 1974 strengthened the U.S. domestic and international civil aviation security program, which is based upon the sharing of responsibilities among air carriers, airports, local law enforcement groups, and the Federal Government. The basic objective of these Acts is to prevent the carriage of weapons, explosives, and incendiary devices on board U.S. carrier aircraft, and unauthorized access to aircraft on the ground. Security responsibilities are clearly delineated in the Acts. Airport operators and air carriers are required to develop and implement acceptable security programs. The Federal Aviation Administration provides advisory technical assist- ance to operators of U.S. air carriers and airports, enforces Federal security regulations, and evaluates the program to assure effectiveness. There has been substantial improvement in security measures throughout the world since 1970 resulting in increased protection of civil aviation and its users from criminal acts that threaten their safety. Nevertheless, the United States supports and seeks adoption by ICAO of even stronger security standards and recommended practices. We also shall continue bilateral programs to provide technical assistance to, and to exchange information with, foreign nations to improve security at foreign airports having a direct impact on the safety of U.S. citizens abroad. B SOME THOUGHTS ON TIMING OF A U. S. INTERNATIONAL AVIATION POLICY STATEMENT For a number of months the Executive Branch has had under consideration the issuance of a new international aviation policy statement. It is the purpose of this memorandum to set forth certain factors which you may wish to consider relating to the timing of such a statement. At the outset I should make clear that I do not oppose inter- national aviation policy statements in general. Our government should enunciate its international aviation policy. Moreover, because of the CAB's rather peripheral involvement in the policy review during the past several months, I am not sufficiently familiar with the specific content of the currently proposed statement to endorse or criticize its substance. The matters here discussed are intended solely in connection with the timing of the statement. Presumably it is the objective of the policy statement to articu- late the U. S. Government's international aviation policy so as to provide a basic and specific guide for the negotiation of bilateral aviation agreements, Executive review of international aviation cases and in the resolution of many "brush fires" that regularly erupt in relations with our international aviation partners. To be meaningful, then, the statement should concretely address the important issues confronting the international aviation community. At present there are pending before the President, or to be submitted to him in the near future, a number of international air cases which present many of the basic issues that a comprehensive international aviation policy statement should address. In addition, the U. S. Government is currently negotiating bilateral aviation agreements, among others, with the United Kingdom and Japan -- our largest aviation partners in the Atlantic and the Pacific. In the case of the U. K., we are negotiating in the context of the U. K. 's LIBRARY - 2 - termination of the so-called "Bermuda Agreement" which for 30 years has served as the cornerstone and basic model for the principles of U. S. aviation relationships around the world. One can argue persuasively that it would be the most rational to negotiate these important relationships and decide these international aviation cases against the backdrop of a clear declaration of U. S. policy on the fundamental issues that are involved. However, the fact is that the U. S. is presently in the process of formulating its negoti- ating positions and, in that process, will be considering various alternatives which are inextricably linked to broader international aviation policy matters. The point is that there exists a fundamental and visible relation- ship between a new U. S. international aviation policy statement and the resolution of these various pending "real world" matters. And it may be, that time and events have brought us to a. point where this interdependence requires that the policy pronouncement and the determination of these matters be carried forward in tandem. It would seem futile to issue a policy statement SO elastic that any resolution of these particular matters would be consistent with the statement of U. S. policy. On the other hand, to promulgate a policy statement of adequate specificity and then face the circumstances in these proceedings or negotiations which required a departure from its dictates, would erode the durability and credibility of the policy. There remains a final consideration. Whatever international aviation policy is ultimately promulgated, it will be most difficult to attain the stated objectives until our governmental mechanisms are organized to better assure that our policies can be implemented. In my judgment this requires a central focus and a regularized and sufficiently high-level process for addressing international aviation matters and more effective coordination of the presently fragmented responsibility in the Executive Branch. In my view the occasion of a new U. S. policy statement should be seized to deal with at least the most pressing organizational matters for handling international aviation. - 3 - I recognize that there are arguments both for issuance now and for deferral. And it is understandable that those principally involved in this worthy undertaking of many months desire to conclude the task. However, I hope that these thoughts on the timing question will be received, as they are offered, in the spirit of constructive contribution to the Executive Branch deliberations on this matter as well as broader issues of international aviation strategy. John E. Robson Chairman FORD LIBRARY file airter THE WHITE HOUSE WASHINGTON September 8, 1976 MEMORANDUM FOR: JIM CANNON ART QUERN FROM: STEVE McCONAHEY senh We should encourage Coleman to stay out of this issue. This is a local issue and there is no need for us to get trapped in another no-win position. Attachment Call Is S6M will Sounds needed to Coleman is. - he in FORD & LIBRARY GERALD 090415 The New Uo ANDING OF CONCORDE IN NEW YORK IS SEEN Support Is Indicated Dr. McLucas, in his statements today, WITHIN 2 OR 3 MONTHS ? seemed to Concorde supporters to have gone further than any American official before him in holding out the possibility of Federal support in the British-French ban airline suit to lift the Kennedy airport Head of F.A.A. Says Agency May n- And while spokesmen in Washington, it: Join in Court Moves to Aid in re tion, Department position had and later here, stressed the Transporta ty changed it was enough for the British not Lifting Barriers at Kennedy Federal aviation. official had spoken so and French that, once again, a high helpfully about the plane. th Arguing that the Constitution gave the By RICHARD WITKIN in- Special to The New York Times but late air commerce, Dr. McLucas said he Federal Government the power to regu- FARNBOROUGH, England, Sept: 7 - nt, thought the courts would recognize these Approval for the Concorde supersonic air- en liner to land in New York is likely in An: corde case. "as the ultimate authority" in the Con- the next two or three months, the head re- in Federal District Court in Manhattan The issue had been due to come up of the Federal Aviation Administration said here. today. all sides.: the next Monday. But, by agreement. of both John. THE WHITE HOUSE WASHINGTON September 29, 1976 TO: JIM CANNON I FROM: PAUL LEACH You might be interested in the attached announcement of Pan Am's successful $75 million convertible debt issue. This was an increase of a plan of $50 million and was apparently sold out on the first day. This announcement is neither an offer to sell nor a solicitation of an offer to buy these securities. The offer is made only by the Prospectus. avint it $75,000,000 none PAN AM Pan American World Airways, Inc. 10½ Convertible Subordinated Debentures due October 1, 2001 Convertible into Capital Stock at $53/4 per Share Price 100% Plus accrued interest from October1, 1976 Copies of the Prospectus may be obtained in any State only from such of the several Underwriters, including the undersigned, as may lawfully offer the securities in such State. Pan Am's 1$75 Millions Of Convertible Debt Is Sold Out Quickly Lehman Brothers Incorporated By a WALL STREET JOURNAL Staff Reporter NEW YORK-Pan American World Air- ways' $73 million public offering of 104/2% convertible debentures sold out quickly yes- terday after reaching: the market at a price of 100. a spokesman said. The 25-year securities, which are rated triple-C by Standard & Poor's, can be con- verted into the carrier's common stock at a SEPT. 29, 1976 THE WHITE HOUSE WASHINGTON October 1, 1976 TO: JIM CANNON FROM: PAUL LEACH Paul Attached are three recent notices of airline financing and airplane purchases which may be of interest. Paul Thank Jan / 10/16 Aventin 38 New Issue / September 30, 1976 $60,000,000 FLYING TIGERS The Flying Tiger Line Inc. 9% Equipment Trust Certificates Due October 1, 1991 Interest payable April 1 and October 1 Price 100% and accrued interest, if any, from October 6, 1976 The day's other new taxable sale, a $80-1 míllion offer of Flying Tiger Line equipment. trust certificates, also fared well. Only 'tag Copies of the Prospectus may be obtained in any State in which this announcement is circulated were unsold by late yesterday, Salo- only from such of the undersigned as may legally offer these securities in such State. Salomon Brothers Bache Halsey Stuart Inc. The First Boston Corporation Blyth Eastman Dillon & Co. Incorporated Dillon, Read & Co. Inc. Dominick & Dominick, Drexel Burnham & Co. Incorporated Incorporated Goldman, Sachs & Co. Hornblower & Weeks-Hemphill, Noyes Incorporated E.F. Hutton & Company Inc. Kidder, Peabody & Co. Kuhn, Loeb & Co. Incorporated Lazard Frères & Co. Lehman Brothers Loeb, Rhoades & Co. Incorporated Merrill Lynch, Pierce, Fenner & Smith Paine, Webber, Jackson & Curtis Incorporated Incorporated Reynolds Securities Inc. Smith Barney, Harris Upham & Co. Wertheim & Co., Inc. Incorporated White, Weld & Co. Dean Witter & Co. Warburg Paribas Becker Inc. Incorporated Incorporated Bear, Stearns & Co. L.F. Rothschild & Co. Shearson Hayden Stone Inc. Shields Model Roland Securities Weeden & Co. Incorporated Incorporated Johnston, Lemon & Co. Moore, Leonard & Lynch, Craigie Incorporated Incorporated Incorporated GERALD FORD LIBRARY October 1, 1976 461,242 Shares Southwest Airlines Co. Common Stock Southwest Air. Combination Offer NEW Y ORK A combination offering of 461,242 common shares of Southwest Airlines reached. the public market at $17.50 each late yesterday. The existing shares had closed at $18.125, Price $17.50 Per Share Copies of the Prospectus may be obtained in any State in which this announcement is circulated only from such of the undersigned as may legally offer these securities in such State. E.F. Hutton & Company Inc. Bache Halsey Stuart Inc. Blyth Eastman Dillon & Co. Drexel Burnham & Co. Incorporated Incorporated Hornbtower a Weeks-Hemphill, Noyes Kidder, Peabody & Co. Lehman Brothers Insurporated Incorporated Incorporated Loeb, Rhoades & Co. Paine, Webber, Jackson & Curtis Reynolds Securities Inc. Incorporated Smith Barney, Harris Upham & Co. Wertheim & Co., Inc. White, Weld & Co. Interporated Incorporated Dean Witter & Co. Shearson Hayden Stone Inc. Incorporated Interstate Securities Corporation Wheat, First Securities, Inc. Arthurs, Lestrange & Short Baker, Watts & Co. FORD is LIBRARY GERALD 10/1/76 UAL's United Air Gets A major decision facing United in the 1980s will be the purchase of a new-genera- Clearance to Buy 727s tion plane, seating 175 to 200 people and re- placing the last of the DC8s and United's 122 727-100s, which seat 96. Last year, United At Cost of $350 Million abandoned a proposal to spend $600 million for 50 of a stretched-version 727 known as the 727-300. The new-generation craft under study are Boeing's 7X7, which would seat By a WALL STREET JOURNAL Staff Reporter 180 to 200, and McDonnell Douglas's pro- CHICAGO-Directors of United Airlines posed DCX. and its parent, UAL Inc., voted, as ex- Mr. Ferris said last week that Fi- pected, to purchase 28 of Boeing Co.'s 727- nancing our needs through 1980 doesn't pres- 200 planes. The total $350 million outlay by ent a problem; indeed, we could cover these United the country's largest airline. will in- outlavs with generated funds. The

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    "ocrText": "The original documents are located in Box 4, folder \"Aviation (2)\" of the James M. Cannon\nFiles at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nSome items in this folder were not digitized because it contains copyrighted\nmaterials. Please contact the Gerald R. Ford Presidential Library for access to\nthese materials.\nDigitized from Box 4 of the James M. Cannon\nFiles at the Gerald R. Ford Presidential Library\nTHE WHITE HOUSE\nWASHINGTON\nDATE: 8.3.76\nTO:\nJun Juis Cannon Cammon\nFROM: Max L. Friedersdorf\nPlease handle\nPlease see me\nFor your information\nOther\nFORD i LIBRARY 077839\nCC: Hope\nTHE WHITE HOUSE\nWASHINGTON\nAugust 2, 1976\nMEMORANDUM FOR:\nMAX FRIEDERSDORF\nFROM:\nCHARLES LEPPERT, JR. CLp.\nSUBJECT:\nRep. James Cleveland (R. - N. H.)\nRep. Jim Cleveland suggests that the President act Presidential\non the airline pilots slowdown and issue a statement.\nfile\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 3, 1976\nMEMORANDUM FOR:\nBILL SEIDMAN\nFROM:\nJIM CANNON Allen Rown\nSUBJECT:\nU.S. International Aviation Policy\nStatement\nI support the policy statement. I also approve of\nimmediate issuance.\nFORD CLEANE\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 3, 1976\nMEMORANDUM FOR:\nJIM CANNON\nFROM:\nPAUL LEACH Paul\nSUBJECT:\nU.S. International Aviation\nPolicy Statement\nOn the two matters on which comments and recommendations\nare requested, I would suggest:\n(1) no objection to the new policy statement and\n(2) approval of issuance if the contents of the statement\nare supported with unanimity within the Administration\n(i.e., by the Senior Staff and EPB members).\n976 SEP 3 PM 12 54\n090310\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 1, 1976\nMEMORANDUM FOR PHILIP BUCHEN\nJAMES M. CANNON\nJOHN O. MARSH\nMAX FRIEDERSDORF\nBRENT SCOWCROFT\nROBERT T. HARTMANN\nFROM:\nL. WILLIAM SEIDMAN Lws\nSUBJECT:\nU.S. International Aviation Policy Statement\nA draft memorandum for the President on adopting and issuing\na new U.S. International Aviation Policy Statement is attached.\nThe Economic Policy Board has approved the proposed statement\nand unanimously recommends that the President adopt and issue\nthe new policy statement the week of September 7. The Chairman\nof the CAB has submitted some thoughts on the timing of a U.S.\nInternational Aviation Policy Statement, which are also attach-\ned, suggesting several reasons why issuing a statement should\nbe deferred.\nI would appreciate your comments and recommendations on: (1)\nwhether you approve of the new policy statement and (2) whe-\nther you recommend issuing a new policy statement at this time\nor deferring issuing a statement.\nFor the reasons stated in the memorandum, the Departments of\nTransportation and State are anxious for a decision on this\nissue as soon as possible. I would appreciate your comments\nno later than Noon, Friday, September 3, 1976 in order that\nthis paper may go forward to the President.\nAttachment\nFORD & LIBRARY GERALD\nDRAFT\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 1, 1976\nMEMORANDUM FOR THE PRESIDENT\nFROM:\nL. WILLIAM SEIDMAN\nSUBJECT:\nU.S. International Aviation Policy Statement\nIn 1963 and in 1970 the White House issued international avia-\ntion policy statements designed to serve as policy guidance\nfor government officials in dealing with international aviation\nmatters. Changed circumstances have given rise to problems\nthat were either nonexistent or considered negligible when the\nmost recent statement was issued in 1970 including significant\nexcess capacity, a noncompensatory and discriminatory fare\nstructure, an ambiguous relationship between scheduled and\ncharter services, and the difficulty of expanding gateways\nand other new services while maintaining the economic viabil-\nity of existing services.\nEarly last year, the Economic Policy Board established a Steer-\ning Group, chaired by the Departments of Transportation and\nState, to review U.S. international aviation policy with a\nview to preparing a new policy statement. The Steering Group,\nwhich devoted extensive time and energy to the task and bene-\nfitted from the views of an array of interested nongovernmen-\ntal parties, has now completed its review. The Economic Policy\nBoard, after considerable discussion and deliberation, has\napproved the policy statement which, along with a summary, is\nattached at Tab A.\nThe Economic Policy Board unanimously recommends that you adopt\nand issue the new policy statement. The Departments of Defense\nand Justice, who also participated as members of the Steering\nGroup, recommend that you approve and issue the statement.\nU.S. goals in international aviation differ substantially from\nthose of most other nations. The policy statement reaffirms\nour preference for the play of competitive forces in, rather\nthan government control of, the international aviation market-\nplace.\nThe Aviation Act of 1975, which you proposed to the Congress\nlast October, focuses on domestic air transportation policy\nmatters. While recognizing the differences between the\n-2-\ndomestic and international aviation environments and the need\nto cooperate with foreign governments, the new policy state-\nment stresses the need to reform regulatory policies that in-\nhibit realization of improved lower-cost scheduled and charter-\ntype services and enhanced economic viability of international\noperations.\nThe Departments of Transportation and State are anxious that\nthe statement be issued prior to the September 9 air services\nnegotiations with the United Kingdom. On June 22, 1976, the\nUnited Kingdom renounced the U.S.-U.K. air services bilateral\nagreement (commonly called the \"Bermuda Agreement\"), stating\nthat, because its share of benefits is only half of ours, a\nnew agreement is needed to assure equal benefits for each side.\nJapan and Italy have similar concerns. The State Department\nfeels that a clear and forward-looking policy statement will\nstrengthen the U.S. negotiating posture vis-a-vis these nations.\nThe Economic Policy Board members unanimously recommend that you\nadopt and issue the new policy statement the week of September 7.\nJohn Robson, the Chairman of the Civil Aeronautics Board, has\nsubmitted some thoughts on the timing of issuing a new policy\nstatement which are in a paper attached at Tab B. He argues\nthat the resolution of various pending \"real world\" matters\nsuch as the U.K. negotiations and the development of a policy\nstatement should be carried forward in tandem.\nA\nSUMMARY OF THE POLICY STATEMENT\nFour fundamental concerns are addressed throughout the\nStatement:\nThe public interest in obtaining low cost, readily\navailable air transportation - both scheduled and\ncharter-type services.\nThe industry's need to achieve a financially viable\ninternational aviation system, and the need for\nprivate enterprise U.S. carriers to enjoy fair and\nequal competitive opportunity in foreign markets.\nThe need to reform regulatory policies that inhibit\nmeeting these two concerns, and the need for the system\nto have sufficient flexibility to meet changing market\nconditions.\nRecognition of the role that foreign carriers play in\nthe international system.\nRoutes\nThe key points related to the U.S. flag international route\nsystem are:\nA system of routes, as extensive as can be economically\nsustained, with regular, scheduled services by U.S. carriers\nis encouraged.\nThe basic consideration in determining whether a U.S.\ncarrier should schedule service on a new or an existing route\nis the commercial viability of the route and its impact on\nthe international route system.\nU.S. interests are not served when foreign carriers can\nseek a valuable traffic right in exchange for our operating\nan uneconomic route.\nServices to Canada, Mexico, and the Caribbean should be\nextensions of the domestic route system.\nU.S. international carriers should be permitted (1) to\ncarry local traffic on flight segments between U.S. points,\nand (2) to have domestic authority to feed traffic to their\ninternational operations.\nBERALD LIBRANY FORD\nCompetition\nThe Statement underscores the point that a basic tenet of\nU.S. economic philosophy is that market-place competition\nresults in improved service and lower total costs to the\nconsumer. Competition within a region is recognized as an\nimportant characteristic in international air transportation,\nas well as the head-to-head competition among carriers.\nAs foreign flag competition must be taken into account, it\nmay be counter-productive to have multiple U.S. carriers on\nthe same routes.\nRegarding the international competitive environment, the\nStatement says:\nThe U.S. opposes unfair, discriminatory, or restrictive\npractices by foreign countries that limit the competitive\ncapability of U.S. flag carriers. The U.S. also opposes\ndiscriminatory or inequitable, charges imposed on U.S. flag\ncarriers, for the use of airway and airport properties.\nRole of Scheduled and Charter Services\nThe Statement is explicit than the 1970 Statement in addressing\nthe more relative roles of scheduled and charter passenger\noperations. The discussion focuses on market requirements\nfor scheduled and charter services; in the past the principal\nfocus has been on regulatory distinctions.\nGovernment has the responsibility to assure that essential\nlevels of scheduled service can be economically maintained;\nrestraints on charter services should be the minimum,\nconsistent with this need.\nThere is a substantial public need for charter-type\npassenger operations in international markets.\nAs in 1970, the value of competitive, yet complementary,\nscheduled and charter passenger services is recognized.\nConsideration of economic efficiency, service innovation,\nresponsiveness, and profitability should be foremost as the\nrelative roles of scheduled and charter operations are\nassessed.\nGovernmental regulatory regimes should not stifle the\nflexibility of the industry to respond to market demand, nor\nremove incentives to keep costs low.\nThe U.S. opposes foreign government restrictions on the\ncompetitiveness of U.S. charter operations.\nAdministrative regulations constraining the availability\nand operation of charter services should be modified to make\nmore low-cost services available. As in the Aviation Act of\n1975, one-stop-inclusive-tour charter and advance booking\ncharter programs are explicitly endorsed.\nWhile the number of carriers is not an index of the\nquality of the competitive stimulus provided by the\nsupplemental industry, the ranks of the supplementals should\nbe opened to new entrants where there are opportunities for\nadditional carriers to initiate economically viable operations.\nAir Freight\nFreight and passenger service characteristics differ in\nimportant areas; where they do, freight issues merit\nseparate consideration.\nAll cargo and intermodal services should be encouraged\nwhere economically justified. The need routing and scheduling\nflexibility is recognized.\nTo stimulate competition for entry into new air freight\nmarkets, there should be separate certificates for combination\npassenger/cargo authority and for freighter authority.\nCapacity\nThe Statement makes explicit the U.S. view that capacity\nlevels should be set individually by carriers, although\nbecause of the importance of economically viable operations,\nwe would support temporary carrier agreements in certain\ncases.\nThe preservation of the underlying competitive concept\nin our service bilaterals is vital, because systems under\nwhich carriers or governments predetermine capacity for\nmarket share reasons can introduce artificial restraints\nunrelated to carrier efficiency or traffic demands.\nThe U.S. will seek bilateral review of foreign carrier\noperations considered to be in violation of our bilateral\nair transport agreements and will attach high priority to\nresolution of this matter.\nFares and Rates\nInternational fares and rates should to the maximum degree\nfeasible be cost-related, responsive to consumer demand,\nand established on the basis of competitive market forces.\nTariffs should be greatly simplified compared with the\npresent proliferation of discount arrangements, yet\nsufficiently flexible to provide genuine price/service\noptions.\nAs most other governments are unwilling to accept a\nsystem in which fares are established by carriers uni-\nlaterally, the U.S. at present intends to continue to\naccept IATA as the principal vehicle for intercarrier\nnegotiation of scheduled tariffs. At the same time IATA\nand its member carriers should revise their tariff-setting\nstructure, so that it can be more responsive to market\nforces and innovative fare programs, including greater\nflexibility for rate setting by individual carriers.\nPeak/off-peak pricing and charter groups on scheduled\nservice should enable carriers to lower the regular fares\nby attracting additional traffic to utilize otherwise\nunused capacity.\nTo encourage the long-term growth of the air freight\nindustry, general commodity rates should be established\nat reasonable levels.\nThe U.S. will continue to support the International\nCivil Aviation Organization (ICAO) and its efforts to\nadopt and implement international standards.\nWe will continue the present U.S. policies concerning\nsafety, security, the environment, and fuel availability.\nWe will seek reduced aircraft noise level standards.\nThere has been substantial improvement in security\nmeasures throughout the world since 1970 resulting in\nincreased protection of civil aviation and its users from\ncriminal acts that threaten their safety. Nevertheless,\nthe U.S. supports and seeks adoption by ICAO of even\nstronger security standards and recommended practices.\nSTATEMENT OF INTERNATIONAL\nAIR TRANSPORTATION POLICY\nOF THE UNITED STATES\nPrepared for the President's Review\nAugust 30, 1976\nTHE WHITE HOUSE\nWASHINGTON\nInternational aviation reflects the extent to which the nations of the world\nare economically interdependent. Historically, the United States has had a\nleadership role in the development of international air transportation and\nintends to continue that role.\nAviation is an essential part of the foreign commerce of the United States.\nIt is required for mail, high priority cargo, government and business travel,\nand urgent personal travel. A desirable low-cost means of international\npleasure travel, it has played an important role in bringing peoples of\nmany cultures and nationalities to a greater sense of friendship and mutual\nunderstanding.\nThe United States seeks an international economic environment and air trans-\nportation structure conducive to healthy competition among all air carriers.\nWe shall rely upon competitive market forces to the greatest extent feasible,\nfor it is a basic tenet of our economic philosophy that marketplace com-\npetition provides improved services and lower total costs. At the same\ntime we recognize that other States may differ in their views as to how\nsuch transportation should be organized and operated. We shall work\nthrough appropriate bilateral and multilateral forums to bring about con-\nstructive change for the benefit of air travelers, shippers, and carriers\nof all nations.\nThe international air carrier industry should continue to have the primary\nresponsibility for adapting its air transport product to public demand.\nRegulatory regimes imposed by governments should not stifle the industry's\nflexibility to respond to this demand, nor should they remove incentives\nto keep costs low.\nThe Secretaries of State and Transportation, with the assistance of all the\nmembers of the task force that studied the current and prospective problems\nin international aviation, have produced a comprehensive statement of\nUnited States policy. The statement sets forth the objectives the United\nStates will seek in forthcoming negotiations with other States. It calls\nfor balanced revisions of certain regulatory policies of the Civil Aero-\nnautics Board. I invite interested parties to make their views on these\nrevisions known to the Department of Transportation, which shall have the\nprincipal responsibility for seeking implementation by the Board of the\nregulatory reforms called for here.\nI am approving this statement of international air transportation policy to\nsupersede the one issued June 22, 1970, and am directing that this new state-\nment of policy guidance be used henceforth by responsible officials of the\nGovernment in dealing with international aviation matters.\nGerald R. Ford\nSeptember 8, 1976\nSTATEMENT OF INTERNATIONAL\nAIR TRANSPORTATION POLICY\nOF THE UNITED STATES\nTABLE OF CONTENTS\nPage\nI. Introduction\nOverview\nStructure of International Air Service\nPrincipal Objectives\nII. Public Service Considerations\nGoals\nPolicy\nU.S. Flag International Route System\nExtent of Route System\nEmphasis on Major Trunk Routes\nRelationship to Domestic System\nCompetition\nRelative Roles of Scheduled and Charter\nPassenger Operations\nCharter Services\nRegulations\nLanding Rights\nAuthority for Charter Services\nExpansion of Supplemental Carriers\nCargo Services\nRoute Authority\nService Considerations\nSplit Charters\nIII. Viability of the U.S. International Air\nTransportation System\nGoals\nPolicy\nCapacity\nExcess Capacity\nMarket Share\nSixth Freedom Capacity\nCooperative Agreements\nFares and Rates\nRole of IATA\nRole of the Civil Aeronautics Board\nPassenger Fares\nCharter Rates\nCargo Rates\nMail Rates\n-ii-\nPage\nTariff Integrity\nRole, Compensation and Regulation of\nMiddlemen\nGovernment Procurements\nThe International Competitive Environment\nIV. Safety, Environmental, and Other Considerations\nGoals\nPolicy\nInternational Organizations\nCertification and Operation of Aircraft\nSafety.\nAvilability, Allocation, and\nCost of Fuel\nEnvironmental Objectives and Their\nImpact.\nSecurity Objectives and Their Impact.\nI. INTRODUCTION\nOverview\nThe decade of the 1970's has been characterized by grow-\ning recognition of the extent to which the nations of\nthe world are economically interdependent. International\naviation is no exception. The airlines of many countries\nnow provide safe, fast, and efficient international\nair service; U.S. citizens benefit from these services\nas they do from their own. Historically, the United\nStates has had a leadership role in the development\nof international air transportation. Our continued\neffective participation is important to the national\ninterest.\nConsistent with the longstanding recognition by the United\nStates that privately owned and managed companies provide\nthe most efficient and consumer responsive services,\nthe private sector will continue to have the responsibility\nfor operating the U.S. international air transportation\nsystem, consistent with the policies set forth here.\nWe look forward to an era in which private American air\ncarriers can operate effectively in the international\neconomic environment without the need for Government\nsubsidy and without being placed at an unfair competitive\ndisadvantage. We will work to reform and modernize the\ninternational aviation structure in order to enable well-\nmanaged U.S. carriers to serve the public interest by\nproviding economic air travel, to compete successfully\nwith foreign air carriers, and to earn a reasonable rate\nof return on investment.\nThe international aviation policy of the United States\nshould be consistent with and contribute to our objectives\nin national defense, foreign policy, and international\ncommerce. We recognize that our international aviation\npolicy objectives can be achieved most effectively in\ncooperation with other governments, working through\nbilateral and multilateral channels.\nThe Structure of International Air Service\nThere are three major considerations in the development\nof international air service: route patterns, which\ndefine the markets to be served; capacity, meaning the\nnumber of flights and types of aircraft flying in these\nmarkets; and the fares charged for different kinds of\nservices and consumers. All three are integrally related\neconomic issues. As we attempt to introduce greater\n-2-\nrationality into the international aviation structure,\nwe will take pragmatic steps to bring about more rational\npricing policies that reflect actual costs and are respon-\nsive to consumer demand, to relate capacity to demand,\nand to select routes that closely reflect natural traffic\npatterns and are economically viable. As a result of\nthese steps, U.S. carriers should be able to operate\nprofitably, and the users of air transport services\nwill be well-served.\nThe United States cannot impose its economic philosophy\non the rest of the world, but as a significant participant\nin the international aviation community we can work\nthrough bilateral and multilateral forums to bring about\nconstructive change for the benefit of the air travelers,\nshippers, and carriers of all nations. We recognize that\ninternational transportation presents special challenges\n-- the most obvious being the need to cooperate with\nother sovereign nations. While the governments of other\nnations may share our objective of efficient transportation\nservice, many differ sharply in their views as to how\nsuch transportation should be organized, financed, regulated,\nand promoted. Thus, the means by which we pursue our\ninternational policy goals often cannot be the same\nas those by which we conduct our domestic transportation\nsystem.\nWhile this Policy Statement calls for a large measure\nof regulatory reform, consistent with our domestic aviation\npolicy, differences between the approaches taken here and\nthose in the proposed Aviation Act of 1975 reflect awareness\nof the substantial differences that exist between the\ninternational and domestic operating environments:\nPrivate U.S. companies must compete with state enter-\nprises in most markets; competition in international\nair transportation is limited by government policy\nin almost all other countries. In some instances\nrestraints are imposed against efficient competitive\npractices.\nSome foreign states underwrite their national carrier's\nlosses in order to maintain large capacity to the\nUnited States for a number of reasons (e.g., tourist\nrevenues). Similarly, foreign carriers sometimes seek\nbelow-cost cargo rates as a means of promoting their\nnation's exports.\n-3-\nThe problem of tailoring supply to meet demand is more\ndifficult on international routes than on usually denser\ndomestic routes; the ratio of daily flights to the\nnumber of competing carriers is generally much lower\nthan domestically; international aircraft are larger\non average; and carriers have less flexibility in\narranging intercontinental schedules.\nPrincipal Objectives\nIn addition to promotion of an international economic environ-\nment and aviation structure conducive to healthy competition\namong air carriers, five principal objectives will guide\nU.S. international air transportation policy for the future.\nFirst, reliance on competitive market forces to\nthe greatest extent feasible, recognizing that the\nviews of other nations may differ and that our policies\nmust be modified in some instances in order to reach\nbilateral and multilateral accommodations.\nSecond, provision for the transportation of people,\nmail, and goods, wherever a substantial need exists,\nat as low a price as is economically justified.\nThird, support of a private U.S. international air\ntransportation industry that is economically viable\nand efficient, and that will generate sufficient\nearnings to attract private capital and provide\njob opportunities.\nFourth, consistency with and contribution toward\nU.S. national objectives in defense and security,\nforeign policy, and international commerce.\nFifth, encouragement of a safe and efficient system\nof airports and airways and protection of the U.S.\nenvironment.\n-4-\nIn pursuing these objectives, the United States is con-\ncerned with the public interest in both low-cost, readily\navailable air transportation and a financially viable\ninternational aviation system. We recognize the fundamental\nimportance of maintaining a scheduled U.S. flag system\nto meet the public need for regular and frequent air\nservices on an economically sound basis. We also recognize\nthe growing demand for low-cost services and the inherent\nefficiencies of full plane operations generally character-\nized by charter-type services. Most importantly, we\nrecognize the need to have governmental policies that\nwill accommodate the competitive interrelationships between\nthese two types of services.\nThis Policy Statement identifies ways in which the private\nenterprise U.S. international aviation industry and concerned\nU.S. Government agencies can move toward the stated objectives.\nTo avoid undue disruption, there should be an equitable\nphasing of the elimination or relaxation of the regulatory\nrestrictions called for here.\n-5-\nII. PUBLIC SERVICE CONSIDERATIONS\nThe United States seeks to meet the needs of the consumer\nby providing for the safe and efficient transportation\nof people, mail, and goods. The international air trans-\nport system should have a favorable impact on the economic\ngrowth and foreign commerce of the United States and\nof our trading partners.\nIn pursuit of this objective, the United States seeks\nan international air transport system that provides the\ncapability and flexibility to respond efficiently to\nchanging market conditions and requirements, wherever\na substantial need for air transportation exists.\nGOALS\nTo this end, the United States will pursue the following\ngoals:\nRegularly scheduled international air transportation\nof people, mail, and goods at as low a cost as\nis economically justified.\nInternational air charter transportation of people\nand goods by charter specialists and scheduled\ncarriers operating charter flights, at as low a\ncost as is economically justified, recognizing that\nessential levels of scheduled service must be main-\ntained.\nEffective competition among carriers and among\nthe classes of service offered, including a fair\nand equal competitive opportunity for the private\nenterprise air carriers of the United States.\nPOLICY\nU.S. Flag International Route System\nAir transportation is an essential part of the foreign\ncommerce and international trade of the United States;\nit is required for mail, high priority cargo, government\nand business travel, and urgent personal travel. It\nis a desirable, low-cost means of international pleasure\ntravel.\nInternational air transportation operates in a complex\nand changing regime of law and politics involving a few\nmultilateral treaties, many bilateral arrangements, and\na wide collection of national laws, regulations, and policies.\nContinuation of a U.S. flag air transportation system will\nrequire continuing negotiations between the United States\nand other nations to arrange equitable operating rights\nand privileges.\n-6-\nAir transport interests are best assured for Americans\nby the presence of a strong, viable, privately owned\nU.S. flag international air fleet. Such a fleet is\nalso an important reserve asset to meet U.S. military\nrequirements and non-military emergency situations.\nExtent of Route System. Because most business travelers,\nmany other international travelers, and most air freight\nshippers rely on the regular availability of air service\non relatively short notice that is characteristic of\nscheduled services, the U.S. Government should encourage\na system of routes, as extensive as can be economically\nsustained, with regular, scheduled service by U.S. flag\nair carriers.\nThe basic consideration in determining whether a U.S.\ncarrier should be authorized to schedule service on\na new or an existing route is the commercial viability\nof the service on that route and its impact on the inter-\nnational route system. The U.S. Government should support\nfully actions by U.S. flag carriers to rationalize their\nroute structures: to drop uneconomic routes, to identify\nnew markets that are economically viable, and to seek\nan overall route structure that is responsive to consumer\ndemand and profitable to operate. There may be a few\nextremely rare instances where a specific and clearly\ndefined national defense or foreign policy interest\nmay require service by a U.S. carrier on a route that\nis not economically viable. For these exceptional\ncircumstances direct Federal subsidy would be preferable\nto a policy of indirect subsidy or cross-subsidization\nfrom profitable routes.\nNew international route authority is awarded to U.S.\ncarriers in the context of the bilateral framework within\nwhich international air transportation operates. Thus\ndecisions on entry raise issues that must be negotiated\nbetween governments. It does not serve the interest\nof the United States to be put in a position where foreign\ngovernments can seek valuable rights for their carriers\nas a consequence of our granting uneconomic routes for\nour carriers. Consistent with the policy that interna-\ntional routes should be economically viable, where the\n-7-\nUnited States has paid in bilateral route concessions\nfor the traffic rights which could be implemented in\na given route award proceeding, an important decisional\ncriterion in carrier selection is the ability to compete\neffectively with foreign flag carriers in the market\nat issue.\nU.S. policy continues to be that negotiations should lead\nto an equitable exchange of route rights for both scheduled\nand charter services. Our primary and overriding objective\nis to achieve an international environment in which privately\nowned and operated U.S. air carriers have a fair and equal\nopportunity to compete for benefits at least as great as\nthose available to foreign carriers.\nThe United States will continue to endorse the exchange\nof air transport rights and privileges through a system\nof bilateral air transport agreements. We have considered\nmultilateral agreements and other alternatives to the\nbilateral system, but are not convinced that another system\nwould work more effectively. While particular problems,\nsuch as fare and rate regulation, may require multilateral\ndiscussion, we can work within the basic structure of\nbilateral agreements, which provides sufficient flexibility\nto accommodate most circumstances.\nEmphasis on Major Trunk Routes. Major traffic flow\npatterns and trunk routes between the United States\nand four principal areas of the world--Europe, Africa,\nCentral/South America, and Asia/Oceania--are clearly\ndiscernible. U.S. carrier operations over these trunk\nroutes form the backbone of our intercontinental air\ntransport system. U.S. carrier participation on these\nroutes is essential to the maintenance of a U.S. flag\nsystem. Major trunk routes and markets should be identified\nby the U.S. air carriers and given priority negotiating\nattention by the U.S. Government. Reciprocal operations\nprovided by foreign carriers with supporting secondary\ntraffic should be expected on such routes. As the quality\nand quantity of foreign flag air service between foreign\nair traffic hubs improves, U.S. flag carriers should\nemphasize third- and fourth-freedom scheduled services,\neven while recognizing that fifth-freedom traffic is\nimportant for their economic viability.\nViable airline routes, particularly long-haul trunk routes,\ndraw upon a variety of traffic flows for support. Many\ncities in foreign countries are situated ideally to serve\nas gateways, or conduits, through which foreign carriers\nhave attracted traffic flows and thus have improved their\nFORD\n-8-\ncompetitive position relative to U.S. carriers. In negoti-\nating international route patterns for U.S. carriers, the\nU.S. Government should structure routes in a way that enables\nour carriers to draw upon natural traffic flows and, thereby,\ncompete effectively with foreign carriers.\nRelationship to Domestic System. The U.S. international\nroute system is not and should not be viewed as completely\nseparate from the domestic system, although we must\nrecognize the differences between domestic and international\nair transportation. The growing volume of international\ntraffic, both passenger and freight, has resulted in\nexpansion of direct international scheduled services\nat many American cities. A number of cities are seeking\nnew direct and nonstop services to points in Europe,\nAsia, and South America. The United States-Canada routes\nalready are natural extensions of the domestic networks\nin both counties; the United States-Mexico routes\nincreasingly are becoming extensions of domestic route\nsystems.\nCloser integration of international and domestic route\nsystems is in the public interest, in part because exces-\nsive channeling of passengers and freight through a\nlimited number of gateway points inconveniences passengers\nand shippers and ignores, in some instances, natural\ntraffic flows, market requirements, and the economics\nof modern aircraft. The following actions will lessen\nthe artificial regulatory distinctions between domestic\nand international traffic categories and will result in greater\nconvenience for the public and operating efficiency\nand competitive opportunity for the carriers.\nServices to Canada, Mexico, and the Caribbean should\nbe extensions of the domestic route system.\nAuthority to carry local traffic on domestic\nsegments of international flights, both passenger\nand freight, should be granted, because regulatory\nrestrictions on the local traffic authority of U.S.\ninternational air carriers no longer serve the\npublic interest. Such authority will increase the\neconomic viability of domestic extensions of\ninternational flights, thereby supporting more direct\nservices for the shipping and traveling public.\nBlocked space agreements on domestic segments of\ninternational flights and equipment interchange\nagreements should be considered by the carriers and\nthe Civil Aeronautics Board as means to increase\nthe economic viability of behind-the-gateway route\nsegments, and hence to benefit the public with\nmore direct service at more American cities.\n-9-\nAll U.S. international carriers should be permitted\nto have domestic traffic systems to feed traffic\nto their international operations.\nIn the interest of obtaining better services for the\nconsumer, consideration also should be given (1) to\nthe competitive and public service benefits that might\nbe achieved in major international markets by authorizing\ndifferent U.S. carriers to serve a foreign point or area\nfrom different cities or regions of the United States,\nand (2) to lessening the emphasis on the traditional\nintercontinental gateways, by granting direct service\nauthority at more domestic points. The need to gather\ntraffic at \"gateways\" in order to have the high load\nfactors in widebodied equipment that permit low fares\nand fuel savings, however, must be taken into account.\nCompetition\nA basic tenet of U.S. economic philosophy is that market-\nplace competition produces improved service and lower\ntotal costs for the consumer. This is as true in aviation\nas it is in other areas of commercial activity. However,\nit does not follow that there must be multiple U.S. flag\ncarriers on all international routes. Foreign carriers\nare sophisticated competitors for U.S. carriers in most\nmarkets; their competition needs to be taken into account\nas we determine whether more than one U.S. carrier should\nbe designated for a particular route or market area.\nToo many carriers on some routes may undercut the economic\nviability of service without benefiting the public.\nA primary consideration in authorizing an additional\nU.S. flag carrier on a route already served by one or\nmore flag carriers is the quality of service (availability\nand price) provided the public. Accordingly, U.S.\ncarriers should recognize that award of a route carries\nwith it the responsibility for adequate service and\nperformance. Poor performance by an incumbent carrier,\nwhich is not due to factors over which it has no control,\nmay be grounds for replacement.\nIn addition to route competition between carriers, area\ncompetition is a fundamental characteristic of international\nair transportation. Such competition among carriers\nshould be recognized in designating U.S. carriers for\ninternational routes, because unlike domestic travelers,\ntourists who are flexible in their choice of overseas\ndestinations constitute a large share of the intercontinental\nair passenger market. Beach resorts around the world\n(and the carriers serving them) often compete, for example,\nfor the same tourists. The Alps and the Rockies may\ncompete as destinations for skiers. Within Europe,\n-9(a)-\nAmsterdam, Brussels, Copenhagen, and Luxembourg compete\nwith Frankfurt, London, Paris, and Rome as the starting\npoints for European holidays. The air carriers serving\nthese points, both charter and scheduled, compete in\narranging and offering tourist opportunities, both group\nand individual, to the destinations they serve.\n-10-\nFurthermore, the service benefits, stimulated by U.S.\ncarrier competition on an area basis for the destination-\nflexible tourist traffic, are of course often available to\nthe destination-inflexible traveler.\nIf the U.S. Government authorizes more air carriers than\na particular market will support, predatory pricing or\nmarket restrictions by other governments may result.\nThe United States should authorize more than one U.S.\nflag airline in scheduled international markets only\nif they can operate profitably, taking into consideration\nthe presence of competition from foreign scheduled airlines\nand from domestic and foreign charter airlines.\nRelative Roles of Scheduled and Charter Passenger Operations\nThere are generally two kinds of international air pass-\nengers: those who are departure time-sensitive and relatively\ninsensitive to price, and those who are price-sensitive\nand relatively insensitive to departure time. In most\ncases, time-sensitive travelers have fixed engagements\nat foreign points; they rely primarily upon scheduled\nair service available on short notice. For the benefit\nof these passengers, the Government has the responsibility\nto assure that essential levels of regularly scheduled\nservice can be economically maintained. Restraints on\ncharter services should not go beyond what is needed\nfor this purpose.\nTravelers who are primarily concerned with price generally\nare willing and able to accept advance purchase require-\nments. Since many of these passengers have considerable\nflexibility in the day and time of their travel, they\nusually can adjust their schedules to fit efficient patterns\nof capacity. Therefore, they should enjoy the benefits\nof lower prices that result from the inherent efficiency\nof high load factor or planeload movements and the flexibility\nrealized by the carriers in scheduling capacity for maximum\nutilization. Bringing the benefits of such efficiencies\nto the traveling public offers the best opportunity for\nincreasing traffic in the price-elastic sectors of the\nmarket. Thus, there is a substantial public need for\ncharter-type passenger operations in international markets.\nThe 1970 Statement of International Aviation Policy recog-\nnized the value of competitive, yet complementary, scheduled\nand charter passenger services. The basic policies articu-\nlated there will be continued. However, the regulatory\nstructure at the Civil Aeronautics Board and within the\nInternational Air Transport Association (IATA), as it affects\n-11-\nscheduled and charter services, requires substantial\nalteration to improve the efficient utilization of equipment\nand energy resources, thereby assuring the lowest possible\nfares over the long term. Considerations of economic\nefficiency, service innovation, responsiveness to market\nfactors, competitiveness, and profitability should be\nforemost as the relative roles of scheduled and charter\npassenger operations are assessed.\nThe industry should continue to have the primary responsi-\nbility for adapting its air transport product to public\ndemand. Regulatory regimes imposed by governments should\nnot stifle the flexibility of the international air carrier\nindustry to respond to this demand, nor should they remove\nincentives to keep costs low. This is particularly true\nin the area of charter transportation where regulatory\nstructures traditionally have been restrictive. In particular,\nthe United States will use all appropriate means to prevent\nrestrictions by foreign governments on the competitiveness\nof passenger charter operations by all U.S. carriers.\nCharter Services\nRegulations. Consistent with the foregoing principles,\nthe administrative regulations constraining the availability\nand operation of charter services should be modified\nto make available more low-cost services to the traveling\npublic. This government is presently developing new\ncharter program types to replace some existing types\nthat have not served the public well, because they have\nbeen either discriminatory or overly restrictive. Our\nobjective is to reduce the multiplicity of charter types\nto a smaller number, to simplify the regulations, and\nto facilitate the use of charters by the public and the\ntravel industry. Furthermore, we request other governments\nto accept U.S.-origin charters of these basic types.\nA year ago the Civil Aeronautics Board took an important\nstep in broadening the availability of low cost travel\nopportunities by announcing the One-Stop Tour Charter\n(OTC) programs. It also has proposed regulations for\na charter type new to the United States--the Advance\nBooking Charter (ABC). Final ABC regulations should\nbe promulgated at the earliest opportunity, with conditions\nthat will assure their viability in the market place.\nCharter regulations that impose requirements not related\nto cost or quality of service, such as prior-affinity\nrequirements or three-stop requirements, should be elimin-\nated as soon as viable alternatives are in place.\nOverly restrictive Travel Group Charters should be eliminated.\n-12-\nAlthough empty seats are an inevitable product of any\non-demand, scheduled transportation service, they represent\nan inefficient and wasteful use of resources, if some\nof the seats might be filled without turning away on-demand\ntraffic. The scheduled carriers should have the flexibility\nof carrying advance-purchase charter groups on either\ntheir regularly scheduled flights or on flights dedicated\nto charter movements, provided that neither the financial\nsoundness of the scheduled carriers, nor the operations\nof the supplemental carriers, are unduly harmed by this\nnew authority.\nIn the long term it would be desirable to achieve as much\ncommonality among nations as possible on the regulatory\nprinciples governing charter traffic. However, because\nthe specifics of charter regulations must be adapted to\nthe particular economic and marketing circumstances of\nthe country in which the traffic is organized, it cannot\nbe expected that complete international commonality can\nbe achieved. Accordingly, the United States will continue\nto advocate the \"country of origin\" concept, enabling each\ncountry to adopt those requirements that meet its unique\nneeds.\nLanding Rights. The United States will continue to pursue\nlanding rights for charter services that are as free from\nrestrictions as possible, and will seek the negotiation of\nagreements wherever appropriate. At issue in such negotia-\ntions will be the continuation of charter rights held\nby foreign carriers, and the nature of such rights.\nWhile charter service landing rights should be negotiated\non their own merits, we must be sufficiently flexible\nto take into account the present and future realities\nof the marketplace, including the relationship between\nscheduled and charter operations. The United States\nwill continue to insist that, in the provision of charter\nservices, U.S. scheduled and supplemental carriers be\ntreated equally.\nAuthority for Charter Services. While they may have had\nsome regulatory value in the past, distinctions between\non-route and off-route charters for scheduled carriers\nand geographic restrictions on the charter authority of\nsupplemental carriers reduce competitive flexibility and\nthe availability of charter services. In place of the present\non-route/off-route distinctions for international charters\nby scheduled carriers, U.S. international carriers should\nhave unrestricted charter authority within the regions where\nthey provide scheduled services. The supplemental carriers\n-13-\nalready have authority on a regional basis. Both inter-\nnational scheduled and supplemental carriers should have\nexpanded opportunities to operate charter flights outside\ntheir authorized regions.\nExpansion of Supplemental Carriers\nThe fact that a carrier was initially certificated as\na supplemental should not bar it, as a matter either\nof law or of regulation, from acquiring a scheduled cer-\ntificate, so long as it meets the same requirements that\na scheduled carrier must meet.\nSince 1963, mergers, bankruptcies, and other adjustments\nhave caused a substantial reduction in the number of\nsupplemental air carriers. Of the thirteen U.S. carriers\noriginally granted supplemental certificates, only six\nare currently active operators of charter authority.\nIn the past decade the supplemental carriers have been\nan effective, valuable competitive spur. They have fostered\nmarket development and introduction of new price/quality\noptions that have benefited the traveling public and\nthe tourist industry here and abroad. While the number\nof supplemental carriers is not an index of the quality\nof the competition provided by this important segment\nof the air transport industry, there now may be opport-\nunities for additional supplemental carriers to initiate\neconomically viable operations, in which case the ranks\nof the supplementals should be opened to new entrants.\nCargo Services\nFreight and passenger service characteristics differ\nin important areas; where they do, freight issues merit\nseparate consideration. International air cargo operations\nshould respond to the need of commerce and the shipping\npublic for fast, reliable transport of relatively high-value\nor short-life goods. The 1970 Policy Statement recognized\nthe impact of wide-bodied aircraft on passenger services.\nNow U.S. policy must be cognizant of their impact on\nfreight service and development.\nBecause of the inherent cost advantage and energy efficiency\nof surface transportation, air freight is and always\nwill be a premium transportation service, although for\ninternational passenger service, air travel is the low\ncost option. While surface transport provides for the\nregular flow of most goods, air freight is and must be\navailable for urgent shipments to respond to peak require-\nments, to compensate for underestimates of product demand,\nand to remedy untimely shipping delays.\n-14-\nAir freight must be viewed as a part of the total freight\ntransportation system, inevitably involving truck transport,\nand often rail or water movement as well. Air transport\nis an essential component of an expedited intermodal\nfreight delivery system. The air carriers should seek\nto improve the quality of the total transport service\nby effectively integrating the ground and air transport\nsegments, in order to lessen total transit time, improve\nshipment security, and lower transport costs.\nRoute Authority. All-cargo and intermodal services provide\na distinct benefit to shippers; their expansion should\nbe encouraged where economically justified. In granting\nauthority for all-cargo operations, recognition should\nbe given to the need for routing and scheduling flexibility,\nwhich may differ considerably from passenger routing\nand scheduling patterns.\nAt present, if an all-cargo carrier wishes to obtain route\nauthority, it must make a public convenience and necessity\n(PC&N) argument based on freight operations alone. A passenger\ncarrier, however, can make its PC&N argument based on passenger\ntraffic only or on a combination of passenger and freight\ntraffic, initiate passenger (and combination freight) service,\nand then, at its option, initiate freighter service as the\nair freight market develops without any regulatory PC&N require-\nment or hearing before the Civil Aeronautics Board. In such\na regulatory cycle the cargo specialists, whose innovations\nand efficiencies have spurred the growth of international\nair cargo service, have little opportunity to compete for\nnew markets and to speed freight market development. Thus\nto stimulate competition for entry into new air freight markets,\nthe Board should make separate determinations to grant separate\ncertificates for combination passenger/cargo authority and\nfor freighter-only authority.\nAs a further step in stimulating competition in the development\nand service of air freight markets, the Board should consider\ngranting the U.S. all-cargo carriers authority for inter-\nnational scheduled freighter services on a regional basis.\nSuch authority would enable the all-cargo carriers to institute\nnew scheduled freighter services in their service region at\ntheir option without the need for and the delays inherent\n-15-\nin successive regulatory \"PC&N\" investigations. The\nauthority for the combination carriers to institute freighter\nservices on any of their routes which now serve passengers\npredominantly would remain unchanged.\nRights for all-cargo routes should be incorporated into\nexisting bilateral agreements, rather than being made\nthe subject of separate agreements.\nService Considerations. Because shippers place a high\nvalue on the availability and timeliness of delivery,\nthe primary service considerations for the international\nfreight shipper are departure time and arrival time.\nFreight shippers generally seek the on-demand availability\ncharacteristic of scheduled service. Indeed, small shippers\ndo not even have access to charter services. Consequently,\nthe development of air freight service should provide\nfor substantial service improvements for those shippers,\nlarge and small, who desire or require the premium transporta-\ntion service offered by reliable, frequent, extensive\nschedules of freighter aircraft. The greater the volume\nmoving on scheduled services the more extensive can be\nthe scheduled route network and, by increasing the load\nfactor, the lower the cost to the shipper. The availability\nof charter services is especially important for off-route\nfreight shipments and for freight requiring peculiar\nhandling or security arrangements.\nSplit Charters. Passenger charter operators are permitted\nto carry separate charter groups on the same flight,\nbut currently are prohibited from carrying passenger\nand cargo charter traffic on the same flight; this may\nresult in inefficient aircraft utilization. The economic\nefficiency of charter operations would be enhanced by\nremoving this prohibition, and permitting separate cargo\ncharters to be carried on passenger charter flights.\n-16-\nIII. VIABILITY OF THE U.S. INTERNATIONAL\nAIR TRANSPORTATION SYSTEM\nThe air transport interests of the United States are\nbest assured by a private U.S. international air trans-\nportation industry that is viable, efficient, and capable\nof generating sufficient earnings to attract private\ncapital and provide job opportunities.\nGOALS\nIn pursuit of this objective, the United States will\nsupport vigorously:\nA strong, viable system of international routes.\nA modernized regulatory structure within which\ncarriers can respond to changing market conditions.\nFare structures that respond to consumer demand,\noffer price and quality-of-service alternatives,\nenable long-term market growth, and permit\nprofitable operations by efficient carriers.\nInnovation in developing services that expand markets\nand attract passengers and cargo shipments.\nEfficient use of fuel and other resources.\nPrevention of predatory and monopolistic practices.\nPOLICY\nCapacity\nBecause international routes are determined by government\nagreements and tariff structures are determined within\nthe International Air Transport Association forum,\ncapacity has been the principal competitive medium.\nHowever, in recent years excess capacity, caused by commit-\nment to too many aircraft and by declining traffic, has\nbeen a severe economic burden to the industry.\nMany carriers have chosen to compete through illegal\nfare discounting or excessive payments to middlemen rather\nthan risk the loss of market share by reducing capacity.\nAlthough perceptions may differ, many industry managers\nappear to attach significant value to market share.\nOf particular relevance to government policy is the fact\nthat many foreign governments are willing to underwrite\nthe costs of excess capacity in order to preserve or\nimprove the market share of their national carriers or\nto generate additional foreign exchange earnings.\n-17-\nIn adjusting capacity to changes in traffic, scheduled carriers\nmust contend with the relatively low frequency of long-haul\ninternational flights, the number of carriers in any given\nmarket, and the size of efficient modern long-range aircraft,\nall of which impede scheduling flexibility and aggravate\nattempts to rationalize capacity. Carriers on only four\nor five intercontinental routes operate more than once-daily\nservice. In many international markets, direct services\nare operated only two or three times a week. Bilateral\nexchanges have led to the authorization of at least two\nair carriers on most international routes even though\nthe optimum number of daily flights is much lower on\nmany international routes than on domestic routes. Long\nroute segments, multiple time zone changes, and airport\ncurfews inhibit carrier flexibility in arranging intercon-\ntinental schedules.\nThree principal international capacity issues that require\nattention are excess capacity, market share, and sixth\nfreedom capacity.\nExcess Capacity. Even under circumstances of extreme\nfinancial distress, the preferred approach to excess\ncapacity is unilateral reductions by the carriers. However,\nin the recent past, in a marked departure from fundamental\nU.S. policy, limited and temporary carrier agreements\non capacity have been permitted. This exception was\nmade because of the serious level of excess capacity\n(i.e., capacity in excess of traffic demand at a reasonable\nload factor) in the international aviation system and\nthe resulting financial distress of the U.S. carriers.\nMost of this excess capacity resulted from the purchase\nof equipment in anticipation of continued traffic growth\nwhich failed to occur during the fuel crisis and worldwide\nrecession. As the economic recovery continues and demand\ncatches up with capacity, such agreements would no longer\nbe necessary. The recovery of the world economy should\nabsorb the present excess over the next several years,\nand market-based decisions should again be adequate to\nestablish rational levels. Nevertheless, in the short\nrun, because of the importance of economically viable\noperations, we should support approval by the Civil Aeron-\nautics Board of temporary carrier agreements if the\nfollowing standards apply:\n-18-\nExcess capacity is having a serious, adverse impact\non the viability of operations on the route system\nin question.\nThe public interest is served by assuring adequate\nscheduled service on the route by a U.S. carrier.\nUnilateral reductions, or other less anticompetitive\nalternatives, are shown by clear and convincing\nevidence of past practice to be infeasible, and,\nif undertaken in the current context, would put\nthe carrier making them at a significant competitive\ndisadvantage with respect to other carriers on that\nroute.\nCarrier agreements should be temporary and subject to\napproval, monitoring, and evaluation by the Civil Aero-\nnautics Board. Any renewal of such agreements should\nbe subject to the foregoing standards.\nCapacity agreements arrived at between governments generally\ndo not have the benefit of exposure to public reaction\nand response that carrier agreements do. Government\nintervention should be used only where there is a clear\nneed for capacity reduction, as defined above, and attempts\nat unilateral cutbacks and carrier agreements have been\nineffective.\nMarket Share. The second capacity issue is market share.\nThe United States has traditionally espoused the Bermuda\nsystem, under which each carrier determines for itself\nthe level of capacity it believes is warranted, subject\nonly to ex post facto review by governments. The United\nStates is faced with increasing criticism of the Bermuda\nsystem by foreign governments whose perceptions of competi-\ntive principles differ from our own. The preservation\nof the competitive concept underlying the Bermuda system\nis vital, because systems under which carriers or govern-\nments predetermine capacity for market share reasons\ncan introduce artificial restraints unrelated to carrier\nefficiency or traffic demand. When capacity disputes\narise, the United States must must weigh carefully each\nsituation to determine overall U.S. interests. Special\nprocedures to deal with capacity disputes may be appro-\npriate in some instances. When other countries advocate\nless flexibility in capacity competition, we may insist,\nas a quid pro quo, on greater flexibility in pricing\ncompetition, SO long as forecast load factors are well\nbelow full utilization load factors.\nSixth Freedom Capacity. The third capacity issue arises\nfrom situations where carriers rely excessively on traffic\nhaving its origin or destination behind the homeland of\nthe carrier. Such reliance is contrary to the provisions\n-19-\nof our bilateral air transport agreements; these operations\nhave severely distorted traffic levels and distribution\nin certain markets. The United States will seek bilateral\nreview of foreign carrier operations considered to be\nin violation of such provisions and will attach high\npriority to resolution of this matter.\nCooperative Agreements\nThe United States will continue to have a flexible policy\nwith respect to operating arrangements, such as interline\nagreements, equipment interchanges, and blocked space\nagreements. Arrangements of these kinds can help to promote\nefficiency and improve service. They may also allow\neconomically viable operations in markets that might\notherwise go unserved and may meet other international\naviation policy objectives as well. Such arrangements\nmay be permitted and even encouraged in cases where their\nservice benefits clearly are more substantial than their\nanticompetitive impact. On the other hand, economic\nagreements such as revenue or traffic pools generally\nare contrary to the public interest and will be dis-\ncouraged. Pooling proposals should be disapproved unless\nthere is clear and convincing evidence that the pool\nwould achieve significant U.S. policy objectives and\nmore competitive alternatives are not available. Strict\nreporting and tariff conditions must be integral to\nsuch agreements to assure that they are not contrary\nto the public interest.\nFares and Rates\nThe preferred means of assuring economic efficiency is\nthrough the operation of free-market forces. However,\nfundamental restraints limit the operation of free com-\npetition in international air services. In support of an\neconomically sound and efficient air carrier industry,\ntherefore, the United States will continue a system of\ngovernment oversight of international passenger fares\nand cargo rates.\nInternational fares and rates should, to the maximum degree\nfeasible, be cost-related, responsive to consumer demand,\nand established on the basis of competitive market forces.\nThe tariff structure, based on these principles, should\nsubstantially benefit passengers, shippers, and carriers\nalike. Within such a structure we would expect to achieve\nfares and rates that are:\nSet by individual carriers at the lowest levels\nthat permit an efficient carrier to earn a reasonable\nreturn.\nGreatly simplified compared with the present prolif-\neration of discount arrangements, yet sufficiently\nflexible to provide genuine price/service options.\n-20-\nA more simplified fare structure, including simplified\nconstruction rules, stopover provisions, and circuity allow-\nances, would facilitate adherence to and enforcement of\nthe agreed fares.\nThe compulsion of some carriers to pursue traffic at\nany cost on a total market share basis, whether to maintain\nmarket share or to support unneeded capacity, has resulted\nin special, low unprofitable fares. It also has led to\nunlawful discounting. Such practices obviously have\naggravated the carriers' financial difficulties in the\npast. In the last analysis, however, carriers cannot\nexpect to achieve profitable operations unless capacity\nis related to demand.\nRole of IATA. Most other governments are unwilling to\naccept a system in which fares are established by carriers\nunilaterally. The alternative of establishing fares\nby intergovernmental agreement, whether bilaterally or\nmultilaterally, would be complex and unwieldy. Moreover,\nit is not a desirable alternative because governments\nshould not be involved in fixing international fares\nas a general practice. Therefore, the United States\nat present intends to continue to accept the International\nAir Transport Association as the principal vehicle for\nintercarrier negotiation of scheduled tariffs. At the\nsame time IATA and its member carriers should revise\ntheir tariff-setting structure, so that it can be more\nresponsive to market forces and innovative fare programs,\nincluding greater flexibility for rate setting by individual\ncarriers.\nRole of the Civil Aeronautics Board. In reviewing both\nagreements and individual tariffs, the Board should provide\na meaningful opportunity for public hearings or other\npublic review. Board action on IATA agreements should\nbe taken in a timely fashion, so that the member carriers\nof IATA can give reasonable public notice of new tariff\nschedules prior to their implementation.\n-21-\nTo assist in achieving a cost-based tariff structure\nand maximum pricing efficiency, the Board should identify\nthe types of costs that it will apply in determining\nwhether to approve rate agreements or individual tariff\nfilings. Generally, the cost levels should be those\nof the most efficient carrier. The Board should publish\nits cost data well in advance of IATA traffic conferences\nor the likely dates of significant new individual tariff\nfilings.\nPassenger Fares. The present international fare structure\ncontains fares that are largely unrelated to the costs\nof providing the service. Because of its unwarranted\ncomplexity, the present fare structure also is unfair\nto the traveling public, as it results in frequent mis-\nquotation and misconstruction of fares.\nThe United States has serious reservations about the\npractice of charging normal-fare passengers fares that\nare unreasonably in excess of fully allocated costs,\nin an attempt to subsidize the carriage of other passengers\nat fares unreasonably below cost. For example, since\ntoday only about twenty percent of North Atlantic travel\nis at undiscounted fares, the point of departure for\nrationalization of the fare structure would seem to lie\nwith the promotional fares and with bringing published\ntariffs into line with actual costs. Across-the-board\npercentage fare increases will not solve this fundamental\nproblem. The United States supports a narrowing of the\ngap between normal economy fares and promotional fares\nand the rationalization of the present charter-competitive\nfares on a cost-related basis. These fares, as well\nas any new promotional fares, must be justified on their\nrespective economic merits. In evaluating new proposals\nfor promotional fares, the Civil Aeronautics Board should\ntake into account the relationship to scheduled service\ncosts. Further, the entire question of the validity\nof the present highly differentiated North Atlantic passenger\nfare structure should be explored in depth in the North\nAtlantic Fares Investigation, presently before the Board.\nA more rational relationship between normal and promotional\nfares is not inconsistent with the use of pricing flexibility\nas a means of achieving a satisfactory balance between\ntraffic and capacity levels. As noted earlier, the\nnature of long-haul international markets inhibits\nFORD\n-22-\nthe carriers' ability to adjust capacity to meet daily\nand seasonal fluctuations in demand. Pricing policy\ncan be an important tool for lessening these fluctuations\nby encouraging traffic to adjust to efficient levels\nof capacity. Increased efficiency in capacity utilization\nmeans higher average load factors, which can then permit\nlower fares for scheduled flights, stimulating still\nmore traffic. Much of the international air travel market\nis composed of price-sensitive, destination-flexible\nvacation travelers; therefore, the traffic stimulus of\nlower fares can be large, as has been demonstrated in\nthe transatlantic market in the past decade with the\nmajor expansion of charter services. Such traffic expansion\ncan result in greater revenues for the carriers and in\ngreater tourism receipts for the destination countries.\nThe carriers, however, should exercise restraint in their\npricing practices. In seeking charter-competitive fares,\nscheduled carriers have paid insufficient attention to\ndemand peaking, incurred major losses, and attempted\nto offset these losses by increasing the regular fares.\nPeak/off-peak pricing and charter groups on scheduled\nservice should, to the contrary, enable carriers to lower\nthe regular fares by attracting additional traffic to\nutilize otherwise unused capacity. While some carriers\nmay argue that the result is to dilute yield -- i.e.,\nrevenue per revenue-passenger-mile -- the more meaningful\nresult is to increase total flight revenue, meaning that\nthe regular fare passenger has a lower expense burden\nper aircraft mile. Governments, however, must prevent\npredatory price competition.\nCharter Rates. Charter rates, for both passengers and\nfreight, should be subject to the same criteria and policies\nas fares for scheduled air services, particularly their\nrelationship to costs. The Civil Aeronautics Board proposed\nseveral years ago a system of minimum passenger charter\nrates related to costs. While the courts held that this\nproposal exceeded the Board's powers, the Board can and\nshould publish its cost data against which particular\ncharter rates are to be judged, as is recommended above\nfor scheduled service fares.\nCargo Rates. Cargo rates should be responsive to shipper\ndemand and related to actual costs. The Civil Aeronautics\nBoard should prevent the use of scheduled cargo rates\nbelow the costs of the most efficient all-cargo carrier,\nwhether the rates are offered by all-cargo or combination\ncarriers.\n-23-\nWith the further introduction of wide-bodied all-cargo\naircraft, appropriate weight breaks reflecting large\nvolume cost savings should be permitted.\nThe present structure of specific commodity rates (SCRs)\nis, as the Civil Aeronautics Board has stated, unfair both\nto the shipper (and hence, the consumer) and to the carrier.\nRate differences among commodities do not reflect inherent\ncarrier cost differences, and SO result in cross-\nsubsidization: one commodity paying, in part, for the\ntransport of another. Unduly low SCRs invite misclassifica-\ntion of commodities, thereby sapping carrier revenues or\nposing a burdensome tariff enforcement requirement.\nContinued reliance on moving two-thirds to three-quarters\nof the tonnage at promotional specific commodity rates\nbased on marginal costs is incompatible with developing\na sound economic structure for air freight service.\nTo encourage the long-term growth of the air freight\nindustry, general commodity rates should be established\nat reasonable levels related to costs. When this has\nbeen accomplished, it should be possible to abandon the\nspecific commodity rates as they exist today. The intro-\nduction or maintenance of a limited number of specific\ncommodity rates, where considered essential to attract\nnew traffic, would be desirable. These rates should not\nremain in the structure indefinitely, but should be in-\ncreased over a period of time to the general commodity\nlevels. Special commodity rates may also continue to\nbe appropriate for commodities that have special handling\nor shipping requirements.\n-24-\nMail Rates. The Civil Aeronautics Board should act expedi-\ntiously on proposed changes in rates for the international\nair transportation of mail. It should provide for temporary\nrates, which cover the costs of U.S. carriers, until\nfinal Board resolution of the issue and, as provided\nby the International Air Transportation Fair Competitive\nPractices Act of 1974, should give proper consideration\nto the cost-related elements of the Universal Postal\nUnion (UPU) rates. In addition, the Congress has directed\nthat the Board consider the competitive disadvantage\nof U.S. flag carriers resulting from their foreign com-\npetitors' receiving the UPU rates for carriage of foreign\nmail.\nTariff Integrity\nThe existence of a tariff structure is of little value\nif there is widespread deviation from the published tariffs.\nIn the past few years, the practice of undercutting published\ntariffs has become common in international operations,\nand is now of considerable economic significance. We\nare concerned about this erosion of tariff integrity\nand the harmful discrimination that results from it.\nThe general public suffers from higher fares, and the\ncarriers from reduced net revenues. A basic consideration\nin this area is the need to relate fares more closely\nwith costs and to eliminate the excess capacity which\nencourages undercutting.\nRole, Compensation, and Regulation of Middlemen\nTransportation middlemen-- travel agents, tour operators,\nair freight forwarders, cargo agents and others -- perform\na valuable service for the traveling and shipping public.\nThe major part of international traffic is handled through\nthe thousands of businesses that compete in arranging\nnot only air transportation services, but the ancillary\nservices that faciliate the efficient flow of passengers\nand goods.\n-25-\nSince middlemen are an integral part of the international\nair transport system, it is essential that reasonable\nstandards for consumer protection be observed. Federal\nlicensing or certification of middlemen should be con-\nsidered only to the extent necessary to ensure minimum\nconsumer protection standards. Those middlemen that\noperate as indirect air carriers (air freight forwarders,\ninclusive tour charter operators, and military charter\noperators) should continue to be regulated by the Civil\nAeronautics Board only to the extent necessary to protect\nthe consumer. Self-regulation should be considered for\nthe remainder of the industry which could establish\nstandards and conditions of operation, subject to Govern-\nment review.\nThe compensation of travel agents by commissions has\nbecome a subject of considerable controversy. Rather\nthan having IATA involved in the establishment of commis-\nsion levels, we recommend that each carrier establish\nits commission structure independently. This will promote\nadditional competition and allow each carrier to tailor\nits approach to commission structure independently.\nIt would also permit each carrier to relate the level\nof commissions to the value of the middlemen's services.\nTo help ensure consumer awareness and to permit the Civil\nAeronautics Board to take commission costs into account\nin determining total carrier costs as a basis for fare\ndecisions, carrier commission structures should be filed\nfor public inspection at the Board. However, the Board\nshould not regulate the level of commission rates. As\nlong as travel agent commissions are a part of the air\nticket price, the public should be informed as to the\narrangement between the carrier and the middlemen. This\nwill guard against undue preference or advantage being\ngiven to any particular agency or individual.\nGovernment Procurements\nU.S. Government procurement of foreign and overseas air\ntransportation services from U.S. flag carriers helps\nto sustain the U.S. international route system, and there-\nby to assure the continuing availability of U.S. flag\nservice for the transport of U.S. mail, U.S. Government\npersonnel, and U.S. citizens.\n-26-\nWe should make better use of civil capacity to meet Depart-\nment of Defense and other Government air transportation\nneeds. Specifically, we should minimize the economic\nimpact on commercial air carriers of large scale operations\nby the Military Airlift Command (MAC) fleet by utilizing\ncivil capacity rather than MAC capacity to the extent\npracticable in peacetime. However, this policy recognizes\nthe need to maintain an effective MAC capability and\nto use efficiently the MAC airlift capacity resulting\nas a by-product of essential training.\nU.S. carriers are encouraged to continue participation\nin the Civil Reserve Air Fleet (CRAF) program. The airlift\ncapability, maintained by normal civil air carrier operations\nand therefore available for national emergency use, is\na major contribution to the preparedness of the United\nStates and makes military duplication of that capacity\nunnecessary. A viable U.S. flag industry is essential\nto make the program effective; any diminution of U.S.\nflag capability would reduce the effectiveness of the\nCRAF program.\nAs set forth in the International Air Transportation\nFair Competitive Practices Act of 1974, U.S. Government-\nfinanced air transportation must be performed on U.S.\nflag carriers to the extent such services are available.\nThe Government should pay the same tariff rates as the\ngeneral public for all its procurements of air transport\nservice except where a separate rate is established on\nthe basis of costs incurred by the airlines in providing\nspecific services to the U.S. Government.\nIn the event that U.S flag scheduled flights are not\navailable for the timely transport of U.S. mail, the\nPostal Service should attempt to transport the mail on\ncharter flights of U.S. carriers, route or supplemental.\nTo the extent that the Board-determined international mail\nrates are below UPU rates, this practice would offer\ncost savings to the Postal Service.\nThe International Competitive Environment\nThe United States opposes unfair, discriminatory, or\nrestrictive practices by foreign countries that limit\nthe competitive capability of U.S. flag carriers. Section\n2 of the International Air Transportation Fair Competitive\nPractices Act of 1974 specifically directs Departments\nand Agencies of this Government to seek elimination of\nthese practices. This policy will be pursued vigorously.\nYORD\nJovagia\n-27-\nThe United States also opposes discriminatory or inequitable\ncharges imposed on U.S. flag carriers for the use of\nairway and airport properties, and we will utilize to\nthe maximum extent feasible Section 3 of the International\nAir Transportation Fair Competitive Practices Act of\n1974, or Section 301 of the Trade Act of 1974, to correct\ninequities. This Government clearly recognizes the need\nto recover from users the costs of the services provided.\nWe believe that, in imposing such charges, care\nshould be taken to ensure that they are not discriminatory\nand that the level of the charge is related to cost.\nOn both of these issues, the United States will seek change\nthrough negotiation. As a last resort, however, unilateral\naction may be taken to correct the problem.\n-28-\nIV. SAFETY, ENVIRONMENTAL, AND\nOTHER CONSIDERATIONS\nIt is the objective of the United States to achieve an\nadvanced, safe, and efficient system of airports and\nairways to support international air transport.\nGOALS\nIn support of the foregoing objective, the United States\nwill pursue:\nFull and fair allocation among users of the costs\nof operating airports and airway systems.\nPrevention of hijacking, air piracy, and\nterrorism.\nMaintenance and development of high quality\naircraft, airports, and navigational systems\nand development and implementation of\ntechnological improvements that enhance\nenergy and economic efficiency in air\ntransportation.\nEnforcement of regulations to protect the U.S.\nenvironment.\nPOLICY\nInternational Organizations\nThe United States will continue to support the International\nCivil Aviation Organization (ICAO) and its efforts to\nadopt and implement international standards. A fundamental\npolicy principle is to promote, through ICAO, common\nrequirements and practices regarding technical, facilitation,\nand legal matters affecting international civil aviation.\nIn this respect, the United States believes that ICAO\nshould continue to direct its activities towards those\nissues where solutions customarily have been sought through\nmultilateral governmental action.\nFORD\n-29-\nA basic strength of ICAO has been its ability to focus\non the technical aspects of international aviation and\nthe willingness of its members to minimize political\ninfluences on the work of the organization. The United\nStates will resist the injection of non-aviation issues\ninto ICAO proceedings; we urge other governments to adopt\na similar position.\nCertification and Operation of Aircraft\nWe will continue the present U.S. policies concerning\nsafety, security, the environment, and fuel availability.\nSafety. With respect to safety (including the air movement\nof hazardous materials), the United States supports the\ndevelopment of uniform international regulations governing\nflight safety, airspace systems, operations, and airworthi-\nness. To advance this objective, the United States has\nembarked upon a program of comprehensive biennial reviews\nof its safety regulations to ensure that its aircraft\nare produced and operated safely as air navigation and\naeronautical technology advance. These reviews are being\nconducted in cooperation with other nations with the\nintention of achieving more general agreement on common\nstandards.\nAvailability, Allocation, and Cost of Fuel. Nations\nshould treat their own carriers and foreign carriers\nthe same in any system of fuel allocation and pricing\nfor international air transport. The United States intends\nto adhere to this principle and expects other countries\nto do likewise.\nEnvironmental Objectives and Their Impact. The United\nStates encourages agreement on international environmental\nissues through the ICAO forum. This should promote equal\ntreatment for foreign and domestic carriers through inter-\nnational regulations and preclude any unwarranted economic\nadvantages or disadvantages for competing carriers which\nwould otherwise have to satisy diverse national requirements.\nWhile the environmental needs and resources of the United\nStates may differ from those of other nations, every\neffort will be made to obtain international acceptance\nof U.S. requirements. The actions taken by the U.S.\nGovernment must be responsive to the legislative mandates\nthat seek to protect the public health and welfare of\nAmerican citizens. We will seek an ICAO agreement on\napplication of noise standards for existing aircraft\nin international operations. If it proves impossible\nto obtain international agreement on environmental problems\nsuch as noise and engine emissions, the United States\nFORD\nmay then find it necessary to develop U.S. national standards\nmore stringent than those which can be developed through\nICAO, in order to protect human health and environmental\nLIBRARY\nquality.\n-30-\nSecurity Objectives and Their Impact. Travel on all\nair carriers must be safe and secure from unlawful acts.\nThe Anti-Hijacking Act of 1974 and the Air Transportation\nSecurity Act of 1974 strengthened the U.S. domestic and\ninternational civil aviation security program, which\nis based upon the sharing of responsibilities among air\ncarriers, airports, local law enforcement groups, and\nthe Federal Government. The basic objective of these\nActs is to prevent the carriage of weapons, explosives,\nand incendiary devices on board U.S. carrier aircraft,\nand unauthorized access to aircraft on the ground. Security\nresponsibilities are clearly delineated in the Acts.\nAirport operators and air carriers are required to develop\nand implement acceptable security programs. The Federal\nAviation Administration provides advisory technical assist-\nance to operators of U.S. air carriers and airports,\nenforces Federal security regulations, and evaluates\nthe program to assure effectiveness.\nThere has been substantial improvement in security measures\nthroughout the world since 1970 resulting in increased\nprotection of civil aviation and its users from criminal\nacts that threaten their safety. Nevertheless, the United\nStates supports and seeks adoption by ICAO of even stronger\nsecurity standards and recommended practices. We\nalso shall continue bilateral programs to provide technical\nassistance to, and to exchange information with, foreign\nnations to improve security at foreign airports having\na direct impact on the safety of U.S. citizens abroad.\nB\nSOME THOUGHTS ON TIMING\nOF A\nU. S. INTERNATIONAL AVIATION POLICY STATEMENT\nFor a number of months the Executive Branch has had under\nconsideration the issuance of a new international aviation policy\nstatement. It is the purpose of this memorandum to set forth certain\nfactors which you may wish to consider relating to the timing of such\na statement.\nAt the outset I should make clear that I do not oppose inter-\nnational aviation policy statements in general. Our government\nshould enunciate its international aviation policy. Moreover, because\nof the CAB's rather peripheral involvement in the policy review during\nthe past several months, I am not sufficiently familiar with the specific\ncontent of the currently proposed statement to endorse or criticize its\nsubstance.\nThe matters here discussed are intended solely in connection\nwith the timing of the statement.\nPresumably it is the objective of the policy statement to articu-\nlate the U. S. Government's international aviation policy so as to\nprovide a basic and specific guide for the negotiation of bilateral\naviation agreements, Executive review of international aviation cases\nand in the resolution of many \"brush fires\" that regularly erupt in\nrelations with our international aviation partners. To be meaningful,\nthen, the statement should concretely address the important issues\nconfronting the international aviation community.\nAt present there are pending before the President, or to be\nsubmitted to him in the near future, a number of international air\ncases which present many of the basic issues that a comprehensive\ninternational aviation policy statement should address.\nIn addition, the U. S. Government is currently negotiating\nbilateral aviation agreements, among others, with the United Kingdom\nand Japan -- our largest aviation partners in the Atlantic and the Pacific.\nIn the case of the U. K., we are negotiating in the context of the U. K. 's\nLIBRARY\n- 2 -\ntermination of the so-called \"Bermuda Agreement\" which for 30 years\nhas served as the cornerstone and basic model for the principles of\nU. S. aviation relationships around the world.\nOne can argue persuasively that it would be the most rational to\nnegotiate these important relationships and decide these international\naviation cases against the backdrop of a clear declaration of U. S.\npolicy on the fundamental issues that are involved. However, the fact\nis that the U. S. is presently in the process of formulating its negoti-\nating positions and, in that process, will be considering various\nalternatives which are inextricably linked to broader international\naviation policy matters.\nThe point is that there exists a fundamental and visible relation-\nship between a new U. S. international aviation policy statement and\nthe resolution of these various pending \"real world\" matters. And it\nmay be, that time and events have brought us to a. point where this\ninterdependence requires that the policy pronouncement and the\ndetermination of these matters be carried forward in tandem.\nIt would seem futile to issue a policy statement SO elastic that\nany resolution of these particular matters would be consistent with the\nstatement of U. S. policy. On the other hand, to promulgate a policy\nstatement of adequate specificity and then face the circumstances in\nthese proceedings or negotiations which required a departure from its\ndictates, would erode the durability and credibility of the policy.\nThere remains a final consideration. Whatever international\naviation policy is ultimately promulgated, it will be most difficult to\nattain the stated objectives until our governmental mechanisms are\norganized to better assure that our policies can be implemented. In\nmy judgment this requires a central focus and a regularized and\nsufficiently high-level process for addressing international aviation\nmatters and more effective coordination of the presently fragmented\nresponsibility in the Executive Branch. In my view the occasion of a\nnew U. S. policy statement should be seized to deal with at least the\nmost pressing organizational matters for handling international\naviation.\n- 3 -\nI recognize that there are arguments both for issuance now\nand for deferral. And it is understandable that those principally\ninvolved in this worthy undertaking of many months desire to\nconclude the task.\nHowever, I hope that these thoughts on the timing question\nwill be received, as they are offered, in the spirit of constructive\ncontribution to the Executive Branch deliberations on this matter\nas well as broader issues of international aviation strategy.\nJohn E. Robson\nChairman\nFORD LIBRARY\nfile airter\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 8, 1976\nMEMORANDUM FOR:\nJIM CANNON\nART QUERN\nFROM:\nSTEVE McCONAHEY senh\nWe should encourage Coleman to stay out of this issue.\nThis is a local issue and there is no need for us to\nget trapped in another no-win position.\nAttachment\nCall\nIs S6M will Sounds needed to\nColeman is. - he\nin\nFORD & LIBRARY GERALD\n090415\nThe New Uo\nANDING OF CONCORDE\nIN NEW YORK IS SEEN\nSupport Is Indicated\nDr. McLucas, in his statements today,\nWITHIN 2 OR 3 MONTHS\n?\nseemed to Concorde supporters to have\ngone further than any American official\nbefore him in holding out the possibility\nof Federal support in the British-French\nban airline suit to lift the Kennedy airport\nHead of F.A.A. Says Agency May\nn-\nAnd while spokesmen in Washington,\nit:\nJoin in Court Moves to Aid in\nre\ntion, Department position had\nand later here, stressed the Transporta\nty\nchanged it was enough for the British not\nLifting Barriers at Kennedy\nFederal aviation. official had spoken so\nand French that, once again, a high\nhelpfully about the plane.\nth\nArguing that the Constitution gave the\nBy RICHARD WITKIN\nin-\nSpecial to The New York Times\nbut\nlate air commerce, Dr. McLucas said he\nFederal Government the power to regu-\nFARNBOROUGH, England, Sept: 7 -\nnt,\nthought the courts would recognize these\nApproval for the Concorde supersonic air-\nen\nliner to land in New York is likely in\nAn:\ncorde case.\n\"as the ultimate authority\" in the Con-\nthe next two or three months, the head\nre-\nin Federal District Court in Manhattan\nThe issue had been due to come up\nof the Federal Aviation Administration\nsaid here. today.\nall\nsides.: the\nnext Monday. But, by agreement. of both\nJohn.\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 29, 1976\nTO:\nJIM CANNON\nI\nFROM: PAUL LEACH\nYou might be interested in the\nattached announcement of Pan Am's\nsuccessful $75 million convertible\ndebt issue. This was an increase\nof a plan of $50 million and was\napparently sold out on the first\nday.\nThis announcement is neither an offer to sell nor a solicitation of an offer to buy these securities.\nThe offer is made only by the Prospectus.\navint\nit\n$75,000,000\nnone\nPAN\nAM\nPan American World Airways, Inc.\n10½ Convertible Subordinated Debentures\ndue October 1, 2001\nConvertible into Capital Stock at $53/4 per Share\nPrice 100%\nPlus accrued interest from October1, 1976\nCopies of the Prospectus may be obtained in any State only from such of the several\nUnderwriters, including the undersigned, as may lawfully offer the securities in such State.\nPan Am's 1$75 Millions\nOf Convertible Debt\nIs Sold Out Quickly\nLehman Brothers\nIncorporated\nBy a WALL STREET JOURNAL Staff Reporter\nNEW YORK-Pan American World Air-\nways' $73 million public offering of 104/2%\nconvertible debentures sold out quickly yes-\nterday after reaching: the market at a price\nof 100. a spokesman said.\nThe 25-year securities, which are rated\ntriple-C by Standard & Poor's, can be con-\nverted into the carrier's common stock at a\nSEPT. 29, 1976\nTHE WHITE HOUSE\nWASHINGTON\nOctober 1, 1976\nTO: JIM CANNON\nFROM: PAUL LEACH Paul\nAttached are three recent notices\nof airline financing and airplane\npurchases which may be of interest.\nPaul\nThank Jan\n/ 10/16\nAventin\n38\nNew Issue / September 30, 1976\n$60,000,000\nFLYING\nTIGERS\nThe Flying Tiger Line Inc.\n9% Equipment Trust Certificates Due October 1, 1991\nInterest payable April 1 and October 1\nPrice 100% and accrued interest, if any, from October 6, 1976\nThe day's other new taxable sale, a $80-1\nmíllion offer of Flying Tiger Line equipment.\ntrust certificates, also fared well. Only 'tag\nCopies of the Prospectus may be obtained in any State in which this announcement is circulated\nwere unsold by late yesterday, Salo-\nonly from such of the undersigned as may legally offer these securities in such State.\nSalomon Brothers\nBache Halsey Stuart Inc.\nThe First Boston Corporation\nBlyth Eastman Dillon & Co.\nIncorporated\nDillon, Read & Co. Inc.\nDominick & Dominick,\nDrexel Burnham & Co.\nIncorporated\nIncorporated\nGoldman, Sachs & Co.\nHornblower & Weeks-Hemphill, Noyes\nIncorporated\nE.F. Hutton & Company Inc.\nKidder, Peabody & Co.\nKuhn, Loeb & Co.\nIncorporated\nLazard Frères & Co.\nLehman Brothers\nLoeb, Rhoades & Co.\nIncorporated\nMerrill Lynch, Pierce, Fenner & Smith\nPaine, Webber, Jackson & Curtis\nIncorporated\nIncorporated\nReynolds Securities Inc.\nSmith Barney, Harris Upham & Co.\nWertheim & Co., Inc.\nIncorporated\nWhite, Weld & Co.\nDean Witter & Co.\nWarburg Paribas Becker Inc.\nIncorporated\nIncorporated\nBear, Stearns & Co.\nL.F. Rothschild & Co.\nShearson Hayden Stone Inc.\nShields Model Roland Securities\nWeeden & Co.\nIncorporated\nIncorporated\nJohnston, Lemon & Co.\nMoore, Leonard & Lynch,\nCraigie Incorporated\nIncorporated\nIncorporated\nGERALD FORD LIBRARY\nOctober 1, 1976\n461,242 Shares\nSouthwest Airlines Co.\nCommon Stock\nSouthwest Air. Combination Offer\nNEW Y ORK A combination offering of\n461,242 common shares of Southwest Airlines\nreached. the public market at $17.50 each\nlate yesterday.\nThe existing shares had closed at $18.125,\nPrice $17.50 Per Share\nCopies of the Prospectus may be obtained in any State in\nwhich this announcement is circulated only from such of the\nundersigned as may legally offer these securities in such State.\nE.F. Hutton & Company Inc.\nBache Halsey Stuart Inc.\nBlyth Eastman Dillon & Co.\nDrexel Burnham & Co.\nIncorporated\nIncorporated\nHornbtower a Weeks-Hemphill, Noyes\nKidder, Peabody & Co.\nLehman Brothers\nInsurporated\nIncorporated\nIncorporated\nLoeb, Rhoades & Co.\nPaine, Webber, Jackson & Curtis\nReynolds Securities Inc.\nIncorporated\nSmith Barney, Harris Upham & Co.\nWertheim & Co., Inc.\nWhite, Weld & Co.\nInterporated\nIncorporated\nDean Witter & Co.\nShearson Hayden Stone Inc.\nIncorporated\nInterstate Securities Corporation\nWheat, First Securities, Inc.\nArthurs, Lestrange & Short\nBaker, Watts & Co.\nFORD is LIBRARY GERALD\n10/1/76\nUAL's United Air Gets\nA major decision facing United in the\n1980s will be the purchase of a new-genera-\nClearance to Buy 727s\ntion plane, seating 175 to 200 people and re-\nplacing the last of the DC8s and United's 122\n727-100s, which seat 96. Last year, United\nAt Cost of $350 Million\nabandoned a proposal to spend $600 million\nfor 50 of a stretched-version 727 known as\nthe 727-300. The new-generation craft under\nstudy are Boeing's 7X7, which would seat\nBy a WALL STREET JOURNAL Staff Reporter\n180 to 200, and McDonnell Douglas's pro-\nCHICAGO-Directors of United Airlines\nposed DCX.\nand its parent, UAL Inc., voted, as ex-\nMr. Ferris said last week that\nFi-\npected, to purchase 28 of Boeing Co.'s 727-\nnancing our needs through 1980 doesn't pres-\n200 planes. The total $350 million outlay by\nent a problem; indeed, we could cover these\nUnited the country's largest airline. will in-\noutlavs with generated funds. The"
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