Eastern Air Lines, Inc. v. Civil Aeronautics Board
Opinion of the Court
Eastern Air Lines, Incorporated, petitions this court to review an order of the Civil Aeronautics Board of November 25, I960.
“[Wjhether the fares and charges demanded, collected, and received by each of the respondents, individually or jointly with one or more of the other respondents, for the transportation of passengers within the continental United States, excluding Alaska, are generally unjust or unreasonable, and if found to be unjust or unreasonable, to determine what over-all percentage changes in the fares or charges of the respondents collectively or individually should be permitted or required.”
The scope of the possible orders to be issued on the basis of the investigation was limited to flat percentage changes
“Upon consideration of the record, the contentions of the parties, and Form 41 data for recent years, we conclude that the record before us is inadequate to permit the fixing of the fare level. However, the record does permit us to formulate significant standards which will contribute to the regulation of fares.
“Our difficulty in attempting to prescribe the just and reasonable fare level from the present record is very basic. Neither the carriers nor Bureau Counsel have submitted forecasts of operations, revenues, and expenses which we find are reliable indicia of what future results will be. In addition, there is an absence of data in the record presenting the experience of operations with the new turbine-engine aircraft which are becoming an ever-larger element of the industry’s operations. In these circumstances, it would be futile to attempt to prescribe the appropriate fare level on the basis of the record herein.”4
As indicated from the foregoing the investigation was not entirely barren. The Board discussed at considerable length, and made findings and conclusions respecting, to use its own language, “standards * * * for passenger fare regulation in four basic areas: profit element, rate base, depreciation, and taxes.”
Eastern’s petition for review, however, is not directed to these matters which were determined by the Board, but, as we have said, to its failure to decide the question of justness and reasonableness of fares, a principal if not the chief purpose for which the investigation had been instituted. Eastern seeks remand to the Board with directions to decide the case either upon the present record or after receiving additional evidence, contending that the Board erred in not performing its duty to regulate rates. Eastern points out that the Board has clearly recognized this duty, and that the Examiner’s Initial Decision acknowledges that “The Board must fix reasonable rates in proceedings raising the issue of such rates so long as the Act requires it to do so.”
We agree the Civil Aeronautics Act imposes the stated duty upon the Board.
In the end our question is whether in the present proceedings the Board reached a point where it could not lawfully exercise a discretion to terminate the proceedings. In a narrow procedural sense the point reached was similar to that reached in Minneapolis Gas, but the differences in the two proceedings render the procedural point reached in the two cases of quite different significance. This case was a general investigation of the general level of the passenger fares of all the trunkline carriers. It was not an inquiry into the justness and reasonableness of increases in rates set forth in a particular new tariff filed by a carrier. Moreover, as the investigation progressed changes in the airline carrier industry were occurring in such important and relevant respects — particularly, the transition to turbine-engine craft — that the Board felt unable at this time to accomplish on the available data what initially it had set out to do.
The duty of the Board to prevent unjust and unreasonable rates, and to establish those that are lawful, does not require that the duty be performed as a result of this particular investigation. We cannot say that the Board decision not to decide the question of justness or reasonableness of the general level of trunkline fares requires this court to compel the Board to do so on this record or as it might be enlarged at this time, especially in view of the changes now under way in the industry. The Board’s duty is to be performed in the context of particular proceedings. It is not mandatory in this one.
While we neither commend nor condemn the Board for abandoning a principal objective of its investigation, after having subjected Eastern to a very substantial outlay of time and money, we are not convinced, as we were convinced in the circumstances presented by Minneapolis Gas, that the Board lost all discretion as to the course the investigation should take.
We have considered the Board’s contention that, in any event, Eastern’s petition for review should be dismissed because it is not adversely affected by the order. The statutory basis for re
Affirmed.
. CAB, Order E-16068, Nov. 25, 1960.
. CAB, Order E-10279, May 10, 1956.
. CAB, Order E-10488, July 27, 1956.
. Order E-16068, at 3.
. Id. at 4.
. Ibid.
. See § 404, 52 Stat. 993 (1938), as amended, 49 U.S.C.A. § 1374; § 1002, 52 Stat. 1018 (1938), as amended, 49 U.S.O.A. § ,1482.
. 52 Stat. 823 (1938) 15 U.S.C.A. § 717c (e).
. Had the Board determined that existing rates were unjust or unreasonable the case would be different. Eastern does not contend that its rates are unjust or unreasonable.
. § 1006, 72 Stat. 795 (1958), 49 U.S.C.A. § 1486(a).
Reference
- Full Case Name
- EASTERN AIR LINES, INC. v. CIVIL AERONAUTICS BOARD, American Airlines, Inc., Braniff Airways, Inc., Continental Air Lines, Inc., United Air Lines, Inc., Western Air Lines, Inc., Intervenors
- Cited By
- 2 cases
- Status
- Published