A v. Costantini, D/B/A United Travel Service, D/B/A Halliburton Tours v. Civil Aeronautics Board

The panel unanimously agrees that this case can be submitted without oral argument. See Fed.R.App.P. 34(a).

Costantini seeks review of an order of the Civil Aeronautics Board (CAB) affirming the dismissal by the Director of the CAB’s Bureau of Compliance and Consumer Protection (BCCP) of a complaint filed by Costantini with the CAB on October 20, 1981. The complaint alleges violations of anti-rebating provisions of section 411 of the Federal Aviation Act (FAA), 49 U.S.C. § 1381 . We have jurisdiction under 49 U.S.C. § 1486 (a) (1976) and affirm.

Section 411 authorizes the CAB to investigate third-party allegations of “unfair or deceptive practices or unfair methods of competition” in the air transportation industry “if it considers that such action by it would be in the interest of the public.” Thus, “the Board’s jurisdiction to initiate an investigation under § 411 is expressly premised on a finding that the ‘public interest’ is involved.” Nader v. Allegheny Airlines, Inc., 426 U.S. 290, 302 , 96 S.Ct. 1978, 1986 , 48 L.Ed.2d 643 (1976).

Here, however, the CAB determined that an investigation of the allegations in Costantini’s complaint would not be in the public interest. We…