C.F.R. » Title 14 » CHAPTER II—OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) › SUBCHAPTER F—POLICY STATEMENTS › PART 399—STATEMENTS OF GENERAL POLICY › Subpart C—Policies Relating to Rates and Tariffs

14 C.F.R. § 399.36

Unreasonable discrimination

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(a) As used in this section:

(1) Unreasonable discrimination means unjust discrimination or unreasonable preference or prejudice; and

(2) Rate means rate, fare, or charge.

(b) Except in unusual circumstances or as provided in paragraph (c) of this section, the Departmentwill find a rate for domestic air transportation to constitute unreasonable discrimination only if:

(1) There is a reasonable probability that the rate will result in significant long-run economic injury to passengers or shippers;

(2) The rate is in fact discriminatory according to a reasonable cost allocation or other rational basis;

(3) The rate does not provide transportation or other statutorily recognized benefits that justify the discrimination; and

(4) Actual and potential competitive forces cannot reliably be expected to eliminate the undesirable effects of the discrimination within a reasonable period.

(c) A rate that discriminates on the basis of the status of the traffic carried will not be presumed to be unreasonably discriminatory, unless the use of the status categories in question is contrary to established national anti-discrimination policy.

[PS-93, 45 FR 36062, May 29, 1980]
Notes of Decisions
Cited in 1 case, 1986–1986 · leading case: Japan Air Lines Co. v. Dole, 801 F.2d 483 (D.C. Cir. 1986).
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Japan Air Lines Co. v. Dole, 801 F.2d 483 (D.C. Cir. 1986). “To test whether that prohibition forbids the fares and rate at issue in this case, the CAB applied the standards of PS-93, 14 C.F.R. § 399.36 (1985). 8 The Board found, and petitioners *276 now concede, that the fares and rate were lawful under those standards.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.