§ 399.92 Interlocking relationships between an air carrier and a person controlling another air carrier.

The Board interprets section 409 of the Federal Aviation Act of 1958, as amended, as making unlawful, unless approved by order of the Board, interlocking relationships between an air carrier and a person controlling another air carrier. (Sec. 409, 72 Stat. 768, 49 U.S.C. 1379; sec. 3, 80 Stat. 383, 5 U.S.C. 552) PS-31, 32 FR. 3818, Mar. 8, 1967]

Subpart I-Policies Relating to
Disclosure of Information

§ 399.100 Release of international passenger origin and destination statistics.

(a) International data in the Civil Aeronautics Board's "Origin-Destination Survey of Airline Passenger Traffic" are contained in reports submitted by U.S. carriers to the Board, in data banks on magnetic tape maintained at the CAB, and in tabulations prepared from the data banks by CAB.

(b) Similar international passenger origin and destination survey data covering the operations of the non-U.S. carriers are not generally available to the Civil Aeronautics Board, the U.S. carriers, or U.S. interests. Therefore, because of the damaging competitive impact upon U.S.-flag carriers and the adverse effect upon the public interest that would result from unilateral disclosure of the U.S. survey data, the Civil Aeronautics Board has determined its policy to be that the international data in the CAB "Origin-Destination Survey of Airline Passenger Traffic" shall be disclosed only as follows:

(1) To an air carrier directly participating in, and contributing input data to, the survey; or to a legal or consulting firm or other organization designated by an air carrier to use on its behalf O&D data in connection with a specific assignment by such carrier.

(2) To parties to any proceeding before the Board to the extent that such data are relevant and material to the issues in the proceeding upon a determination to this effect by the hearing examiner assigned to the case or by the Board. Any data to which access is granted pursuant to this section may be introduced into evidence, subject to the normal rules of admissibility of evidence. (3) To agencies and other components of the U.S. Government.

(4) To other persons upon a showing that the release of the data will serve specifically identified needs of U.S. users which are consistent with U.S. interests.

(5) To foreign governments and foreign users as provided in formal reciprocal arrangements between the foreign and U.S. governments for the exchange of comparable O&D data.

(c) The Board reserves the right to make such other disclosure of the subject data as is consistent with its regulatory functions and responsibilities. (Sec. 1104, 72 Stat. 797, 49 U.S.C. 1504; Secs. 3, 4, 80 Stat. 383, 81 Stat. 54, 5 U.S.C. 552, 553) [PS-39, 34 F.R. 8039, May 22, 1969] Subpart J-Policies Relating to the Quality of the Human Environment § 399.110 Implementation of the National Environmental Policy Act of 1969.

(a) (1) The National Environmental Policy Act of 1969 (Public Law 91-190, 83 Stat. 852) authorizes and directs that, to the fullest extent possible, the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies for the protection of the environment set forth in that Act. It is the policy of the Board to exercise and perform its powers and duties in a manner which, to the fullest extent possible, will conform with the policies set forth in the National Environmental Policy Act of 1969.

(2) Pending (i) the development of more detailed procedures, in consultation with the Council on Environmental Quality established by title II of that Act, (ii) the development of arrangements between the Board and other Federal agencies that may be designated as having jurisdiction by law or special expertise in environmental matters, and (iii) the enactment of such legislation as may be proposed by the Board in compliance with section 103 of the Act, this policy statement sets forth the procedure which the Board will follow in complying with section 102(2) (C) of the Act. That section requires the Board to inIclude in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment a detailed statement on certain specified environmental considerations. Prior to making the detailed statement, the Board is required to consult

with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved.

(3) Agencies other than the Board have authority in many areas which permits direct regulation of activities affecting the quality of the human environment and, moreover, such agencies have expertise with respect to environmental questions which the Board lacks. However, to the extent that the Board has responsibility with respect to the environment it will make the environmental statement required by the Act and, where necessary, balance any adverse environmental impact against the transportation requirements disclosed by the record. In the usual situation the Board will be required to consider actions which might significantly affect the quality of the human environment in the context of formal proceedings which are decided on the basis of records developed at hearings. As delineated more fully below, the Board intends to issue the environmental statement required by section 102(2)(C) of the Act as part of its decision at the conclusion of formal proceedings. Accordingly, the procedures set forth herein are intended to encourage participation in those formal proceedings which have as their purpose the consideration of actions which might significantly affect the quality of the human environment by the appropriate Federal, State, and local agencies and by other interested persons, to the end of insuring that a complete record is developed which will permit the Board to fully consider the environmental impact of the contemplated action.

(b) In instituting a proceeding which might result in a major Federal action significantly affecting the quality of the human environment, the manner in which the contemplated action might have such effects and the geographic areas in which the environmental impact is likely to occur will be indicated. The order or notice instituting the proceeding, including the indication of the possible environmental consequences of the contemplated action, will be published in the FEDERAL REGISTER and normally will be served on

(1) The Department of Transportation and any Federal agency which, according to the guidelines published by the Council on Environmental Quality, has jurisdiction by law or special

expertise with respect to the anticipated environmental impact; and

(2) With respect to each State which includes geographic areas indicated as areas in which the contemplated action might significantly affect the quality of the human environment, the Governor of the State, any State agency designated by the Governor, or any State agency or community requesting notice of the proceeding.

(c) (1) For the purposes of paragraph (b) of this section, the Board believes that those of its actions which may fall within the category of "major Federal actions significantly affecting the quality of the human environment" are primarily, but not exclusively, those licensing activities which result in the authorization of air transportation

(i) To an area not previously served by air transportation; or

(ii) To be operated under conditions or with equipment which might result in changes significantly affecting noise or air pollution levels.

Examples would include the authorization of first service or of a substantial expansion of service at satellite or reliever airports, the authorization of service to new airports or to new cities, the authorization of a substantial increase in service at existing airports, the authorization of service by helicopters or V/STOL aircraft, or by aircraft with unusual noise or air pollution characteristics, or the authorization of service which requires flight patterns, altitudes, or other operating characteristics which might result in a substantial or unusual environmental impact.

(2) Nothing in this paragraph shall be construed as limiting the types of cases in which the Board may consider the impact of a proposed action on the quality of the human environment.

(d) (1) The Board encourages participation in accordance with its rules of practice in every proceeding which might result in a "major Federal action significantly affecting the quality of the human environment" by the appropriate Federal, State, and local agencies and by other intersted persons to the end of insuring that a complete record is developed which will permit full consideration of the environmental impact of the contemplated action.

(2) In every proceeding which might result in a "major Federal action significantly affecting the quality of the human

environment" applicants will be expected to submit evidence (including, in appropriate circumstances, expert testimony) relating to the environmental impact of their proposed operations. Other persons having positions with respect to the environmental impact of a contemplated action will similarly be expected to submit evidence in support of their positions.

(3) The record shall include, to the extent appropriate, material relating to the following environmental considerations:

(i) The environmental impact of the proposed action,

(ii) Any adverse environmental effects which cannot be avoided should the proposal be implemented,

(iii) Alternatives to the proposed action,

(iv) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and

(v) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

(4) In every proceeding in which a record has been developed relative to the effect of a proposed action on the quality of the human environment, the examiner shall make findings of fact relating to all such evidence in light of statutory requirements and he shall also set forth

his conclusions thereon. The decision of the Board, whether embodied in an opinion or in an initial decision adopted by the Board, will normally follow similar lines.

(5) Ten (10) copies of the Board's decision will be filed with the Council on Environmental Quality in the Executive Office of the President. Copies of the Board's decision will also be made available to the public as provided by 5 U.S.C. 552.

(e) With respect to those proceedings already in progress, the Board recognizes that it will not be possible to comply fully with the procedures here outlined and, in particular, that it will not be possible in every instance to include within the record all of the material relating to the environmental impact of the contemplated action which might otherwise be developed. Nonetheless, it is the policy of the Board to apply these procedures to the fullest extent possible to proceedings already in progress.

(f) Nothing in this policy statement shall be construed as limiting the extent to which the Board may consider the environmental impact of a proposed action as an element to be weighed in arriving at public interest determinations or in reaching conclusions as to the requirements of the public convenience and necessity.

[PS-41, 35 F.R. 10583, June 30, 1970]