Additional fare flexibility.
For scheduled service in the areas set forth in § 399.32(a), certificated air carriers have the following fare flexibility in addition to that set forth in § 399.32:
(a) First class. Carriers may without restriction set the level of first class fares.
(b) Small aircraft. Carriers may without restriction set the level of fares for service with aircraft designed to have a maximum passenger capacity of 60 or fewer seats.
(c) Through service and on-line connecting service. For through service and on-line connecting service, carriers may set their fares up to the sum of the local fares minus one tax-rounded coach ceiling terminal charge for each local fare after the first, if that level is higher than the ceiling set forth in § 399.32(d). The Board will not suspend such a fare on the ground that its level is unreasonable except upon a clear showing of abuse of market power that the Board does not expect to be corrected through marketplace forces.
[PS-92, 45 FR 24119, Apr. 9, 1980, as amended by PS-94, 45 FR 40974, June 17, 1980; PS-96, 45 FR 48604, July 21, 1980]