Aeronautics and Space
(a) Applicability.
(b) Description.
(c) Reference to part and method of citing rules.
Administrative law judge
DOT Decisionmaker
Hearing case
Non-hearing case
Party
Statute
(a) Filing address, date of filing, hours.of this part to be filed with the Department must be filed with Department of Transportation Dockets at the Department's offices in Washington, DC. Documents may be filed either on paper or by electronic means using the process set at the DOT Dockets Management System (DMS) internet website.
(2) Such documents will be deemed to be filed on the date on which they are actually received by the Department. Documents must be filed between the hours of 9:00 a.m. and 5:00 p.m., eastern standard or daylight savings time, whichever is in effect in the District of Columbia at the time, Monday to Friday, inclusive, except on legal holidays. Electronic filings may be made at any time under the process set by the Department. Electronic filings that are received after the specified Dockets Facility hours shall be deemed to be constructively received on the next Dockets Facility business day.
(b) Formal specifications of documents.1/2 by 11 inches, including any tables, charts and other documents that may be included. Ink must be black to provide substantial contrast for scanning and photographic reproduction. Text must be double-spaced (except for footnotes and long quotations which may be single-spaced) using type not smaller than 12 point. The left margin must be at least 11/2 inches; all other margins must be at least 1 inch. The title page and first page must bear a clear date and all subsequent pages must bear a page number and abbreviated heading. In order to facilitate automated processing in document sheet feeders, documents of more than one page should be held together with removable metal clips or similar retainers. Original documents may not be bound in any form or include tabs, except in cases assigned by order to an Administrative Law Judge for hearing, in which case the filing requirements will be set by order. Section 302.35 contains additional requirements as to the contents and style of briefs.
(2) Papers may be reproduced by any duplicating process, provided all copies are clear and legible. Appropriate notes or other indications must be used, so that the existence of any matters shown in color on the original will be accurately indicated on all copies.
(c) Number of copies.
| Numberof copies | |
|---|---|
| Airport Fees | 9 |
| Agreements: | |
| International Air Transport Association (IATA) | 6 |
| Other (under 49 U.S.C. 41309) | 9 |
| Complaints: | |
| Enforcement | 5 |
| Mail Contracts | 4 |
| Rates, Fares and Charges in Foreign Air Transportation | 6 |
| Unfair Practices in Foreign Air Transportation | 7 |
| Employee Protection Program (14 CFR 314) | 7 |
| Exemptions: | |
| Computer Reservations Systems (14 CFR 255) | 8 |
| Slot Exemptions (under 49 U.S.C. 41714) | 7 |
| Tariffs (under 49 U.S.C. Chapter 415 or 14 CFR 221) | 5 |
| Other (under 49 U.S.C. 40109) | 7 |
| Foreign Air Carrier Permits/Exemptions | 7 |
| International Authority for U.S. Air Carriers (certificates, exemptions, allocation of limited frequencies, designations, or charters) | 7 |
| Mail Rate Proceedings | 4 |
| Name Change/Trade Name Registrations | 4 |
| Suspension of Service (14 CFR 323) | 4 |
| Tariff Justifications to exceed Standard International Fare Level | 6 |
| U.S. Air Carrier Certificates (involving Initial or Continuing Fitness) | 6 |
| Other matters | 3 |
(d) Prohibition and dismissal of certain documents.
(i) Such document and its filing by the person submitting it have been expressly authorized or required in the Statute, any other law, this part, other Department regulations, or any order, notice or other document issued by the DOT decisionmaker, the Chief Administrative Law Judge or an administrative law judge assigned to the proceeding, and
(ii) Such document complies with each of the requirements of this paragraph and 302.7, and for those electronically filed, the requirements specified at the DOT DMS internet website, and is submitted as a formal application, complaint, petition, motion, answer, pleading, or similar paper rather than as a letter, telegram, or other informal written communication; Provided, however,
(2) If any document initiating, or filed in, a proceeding is not in substantial conformity with the applicable rules or regulations of the Department as to the contents thereof, or is otherwise insufficient, the Department, on its own initiative, or on motion of any party, may reject, strike or dismiss such document, or require its amendment.
(e) Official docket copy.
(f) Retention of documents by the Department.
(a) Contents.
(2)(i) Each document must include with or provide on its first page:
(A) The docket title and subject;
(B) The relevant operating administration before which the application or request is filed;
(C) The identity of the filer and its filing agent, if applicable;
(D) The name and mailing address of the designated agent for service of any documents filed in the proceeding, along with the telephone and facsimile numbers and, if available, electronic mail address of that person; and
(E) The title of the specific action being requested.
(ii) Department of Transportation Dockets has an Expedited Processing Sheet that filers can use to assist in preparing this index for submission of paper documents, and an electronic registration for electronic filing at the DOT DMS internet website.
(3) All documents filed under this part consisting of twenty (20) or more pages must contain a subject index of the matter in such document, with page references.
(b) Verification:years, or both.” In addition, electronic subscription requirements shall be those specified at the DOT DMS internet website.
(a) An application may be amended prior to the filing of answers thereto, or, if no answer is filed, prior to the issuance of an order establishing further procedures, disposing of the application, or setting the case for hearing. Thereafter, applications may be amended only if leave is granted pursuant to the procedures set forth in § 302.11.
(b) Except as otherwise provided, if properly amended, a document and any statutory deadline shall be made effective as of the date of original filing but the time prescribed for the filing of an answer or any further responsive document directed towards the amended document shall be computed from the date of the filing of the amendment.
(a) Answers.
(b) Further responsive documents.
(c) Motions for leave to file otherwise unauthorized documents.
(2) Such motions shall contain a concise statement of the matters relied upon as good cause and shall be attached to the pleading or other document for which leave to file is sought, or the written motion may be incorporated into the otherwise unauthorized document for which admission is sought. In such event, the document filed shall be titled to describe both the motion and the underlying documents.
(3) Where unauthorized responsive documents are not permitted, all new matter contained in an answer filed pursuant to paragraph (a) of this section shall be deemed controverted.
(d) Time for filing.
(a) Who makes service
(2) The parties.
(b) How service may be made.
(c) Who may be served.or legal successor of any of the foregoing, or upon any attorney of record for the party, or upon the agent designated by an air carrier or foreign air carrier under section 46103 of the Statute, but it shall be served upon a person designated by a party to receive service of documents in a particular proceeding in accordance with § 302.4(a)(2)(iv) once a proceeding has been commenced.
(d) Where service may be made.
(e) Proof of service.
(1) A certificate of mailing executed by the person mailing the document.
(2) A certificate of successful transmission executed by the person transmitting the document by facsimile or electronic mail, listing the facsimile numbers or electronic mail address to which the document was sent, and stating that no indication was received that any transmission had failed. In the event of an electronic transmission failure, any other authorized means of service may be substituted and the appropriate proof of service provided.
(f) Date of service.
(g) Freely Associated State Proceedings.
In computing any period of time prescribed or allowed by this part, by notice, order or regulation or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday for the Department, in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor holiday. When the period of time prescribed is seven (7) days or fewer, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation, unless otherwise specified by the DOT decisionmaker or the administrative law judge assigned to the proceeding, as the case may be.
(a) Whenever a party has the right or obligation to take action within a period prescribed by this part, by a notice given thereunder, or by an order or regulation, the DOT decisionmaker or the administrative law judge assigned to the proceeding, as appropriate, may:
(1) Before the expiration of the prescribed period, with or without notice, extend such period, or
(2) Upon motion, permit the act to be done after the expiration of the specified period, where good cause for the failure to act on time is clearly shown.
(b) Except where an administrative law judge has been assigned to a proceeding, requests for continuance or extensions of time, as described in paragraph (a) of this section, shall be directed to the DOT decisionmaker. Requests for continuances and extensions of time may be directed to the Chief Administrative Law Judge in the absence of the administrative law judge assigned to the proceeding.
(a) In addition to the persons set forth in § 302.2, in hearing cases, parties shall include Department staff designated to participate in the proceeding and any persons authorized to intervene or granted permission to participate in accordance with §§ 302.19 and 302.20. In any proceeding directly involving air transportation to the Federated States of Micronesia, the Marshall Islands or Palau, these governments or their designated authorities shall be a party.
(b) Upon motion and for good cause shown, the Department may order a substitution of parties, except that in case of the death of a party, substitution may be ordered without the filing of a motion.
(c) An association composed entirely or in part of air carriers may participate in any proceedings of the Department to which the Department's procedural regulations apply if the association represents members that are identified in any documents filed with the Department, and that have specifically authorized the positions taken by the association in that proceeding. The specific authorizations may be informal and evidence of them shall be provided only upon request of the Department. Upon motion of any interested person or upon its own initiative, the Department may issue an order requiring an association to withdraw from a case on the grounds of significant divergence of interest or position within the association.
(a) Generally.
(b) Form and contents.
(c) Answers to motions.
(d) Oral arguments; briefs.
(e) Requests for expedition.
(f) Effect of pendency of motions.
(g) Disposition of motions.
(h) Appeals to the DOT decisionmaker from rulings of administrative law judges.
(a) Generally.
(b) Information contained in written documents.
(c) Information contained in oral testimony.
(d) Form of motion.
(1) The motion shall include:
(i) An index listing the information or document sought to be withheld by an identifying number, and including its title, description and number of pages, and, if relevant, the specific location within a document;
(ii) A statement explaining how and why the information falls within one or more of the exemptions from the Freedom of Information Act (5 U.S.C. 552(b)(1)-(9)); and
(iii) A statement explaining how and why public disclosure of the information would adversely affect the interests of the objecting persons and is not required in the interest of the public.
(2) Such motion shall be filed with the person conducting the proceeding, or with the person with whom said application, report, or submission is required to be filed. Such motion will be denied when the complete justification required by this paragraph is not provided.
(3) During the pendency of such motion, the ruling official may, by notice or order, allow limited disclosure to parties' representatives, for purposes of participating in the proceeding, upon submission by them of affidavits swearing to protect the confidentiality of the documents at issue.
(e) Conditions of disclosure.
(f) Objection by Government departments or representative thereof.
(a) Initiation of consolidations.
(b) Time for filing.been set for hearing before an administrative law judge, not later than the prehearing conference in the proceeding with which consolidation or contemporaneous consideration is requested. If made at such conference, the motion may be oral. All motions for consolidation or consideration of issues that enlarge, expand, or otherwise change the nature of the proceeding shall be addressed to the DOT decisionmaker, unless made orally at the prehearing conference, in which event the presiding administrative law judge shall present such motion to the DOT decisionmaker for his or her decision. A motion that is not timely filed, or that does not relate to an application pending at such time, shall be dismissed unless the movant shall clearly show good cause for failure to file such motion or application on time.
(c) Answer.
(a) Department orders subject to reconsideration; time for filing.
(i) Any interested person may file a petition for reconsideration of any interlocutory order issued by the Department that institutes a proceeding; and
(ii) Any party to a proceeding may file a petition for reconsideration, rehearing, or reargument of final orders issued by the Department (See
(2) Unless otherwise provided, petitions for reconsideration shall be filed, in the case of a final order, within twenty (20) days after service thereof, and, in the case of an interlocutory order, within ten (10) days after service. However, neither the filing nor the granting of such a petition shall operate as a stay of such final or interlocutory order unless specifically so ordered by the DOT decisionmaker. Within ten (10) days after a petition for reconsideration, rehearing, or reargument is filed, any party to the proceeding may file an answer in support of or in opposition. Motions for extension of time to file a petition or answer, and for leave to file a petition or answer after the time for the filing has expired, will not be granted except on a showing of unusual and exceptional circumstances, constituting good cause for the movant's inability to meet the established procedural dates.
(b) Contents of petition.
(c) Successive petitions.
In cases where oral evidentiary hearing procedures will not be used, § 302.17 through § 302.37, relating to hearing procedures, shall not be applicable except to the extent that the DOT decisionmaker shall determine that the application of some or all of such rules in the particular case will be conducive to the proper dispatch of its business and to the public interest. References in these and other sections of this part to powers or actions by administrative law judges shall not apply.
Any interested person may petition the Department for the issuance, amendment, modification, or repeal of any regulation, subject to the provisions of part 5, Rulemaking Procedures, of the Office of the Secretary regulations (49 CFR 5.1 et seq.
(a) Powers and delegation of authority.
(i) To give notice concerning and to hold hearings;
(ii) To administer oaths and affirmations;
(iii) To examine witnesses;
(iv) To issue subpoenas and to take or cause depositions to be taken;
(v) To rule upon offers of proof and to receive relevant evidence;
(vi) To regulate the course and conduct of the hearing;
(vii) To hold conferences before or during the hearing for the settlement or simplification of issues;
(viii) To rule on motions and to dispose of procedural requests or similar matters;
(ix) To make initial or recommended decisions as provided in § 302.31;
(x) To take any other action authorized by this part or by the Statute.
(2) The administrative law judge shall have the power to take any other action authorized by part 385 of this chapter or by the Administrative Procedure Act.
(3) The administrative law judge assigned to a particular case is delegated the DOT decisionmaker's function of making the agency decision on the substantive and procedural issues remaining for disposition at the close of the hearing in such case, except that this delegation does not apply in cases where the record is certified to the DOT decisionmaker, with or without an initial or recommended decision by the administrative law judge, or in cases requiring Presidential approval under section 41307 of the Statute. This delegation does not apply to the review of rulings by the administrative law judge on interlocutory matters that have been appealed to the DOT decisionmaker in accordance with the requirements of § 302.11.
(4) The administrative law judge's authority in each case will terminate either upon the certification of the record in the proceeding to the DOT decisionmaker, or upon the issuance of an initial or recommended decision, or when he or she shall have withdrawn from the case upon considering himself or herself disqualified.
(b) Disqualification.
(a) Assistant Secretary for Aviation and International Affairs.DOT decisionmaker. The Assistant Secretary shall have all of the powers set forth in § 302.17(a)(1) and those additional powers delegated by the Secretary. The Assistant Secretary may delegate this authority in appropriate non-hearing cases to subordinate officials.
(b) Oral hearing cases assigned to the senior career official.
(1) Decisions of the senior career official are subject to review by, and at the discretion of, the Assistant Secretary for Aviation and International Affairs. Petitions for discretionary review of decisions of the senior career official will not be entertained. A notice of review by the Assistant Secretary will establish the procedures for review. Unless a notice of review is issued, the decision of the senior career official will be issued as a final decision of the Department and will be served fourteen (14) days after it is adopted by the senior career official.
(2) Final decisions of the senior career official may be reviewed upon a petition for reconsideration filed pursuant to § 302.14. Such a petition shall state clearly the basis for requesting reconsideration and shall specify any questions of national transportation policy that may be involved. The Assistant Secretary will either grant or deny the petition.
(3) Upon review or reconsideration, the Assistant Secretary may either affirm the decision or remand the decision to the senior career official for further action consistent with such order of remand.
(4) Subject to the provisions of paragraphs (b)(1) through (3) of this section, final decisions of the senior career official will be transmitted to the President of the United States when required under 49 U.S.C. 41307.
(c) Secretary and Deputy Secretary.
Any person, including any State, subdivision thereof, State aviation commission, or other public body, may appear at any hearing, other than in an enforcement proceeding, and present any evidence that is relevant to the issues. With the consent of the administrative law judge or the DOT decisionmaker, such person may also cross-examine witnesses directly. Such persons may also present to the administrative law judge a written statement on the issues involved in the proceeding. Such written statements shall be filed and served on all parties prior to the close of the hearing.
(a) Who may intervene.
(b) Considerations relevant to determination of petition to intervene.
(1) The nature of the petitioner's right under the statute to be made a party to the proceeding;
(2) The nature and extent of the property, financial or other interest of the petitioner;
(3) The effect of the order that may be entered in the proceeding on petitioner's interest;
(4) The availability of other means whereby the petitioner's interest may be protected;
(5) The extent to which petitioner's interest will be represented by existing parties;
(6) The extent to which petitioner's participation may reasonably be expected to assist in the development of a sound record; and
(7) The extent to which participation of the petitioner will broaden the issues or delay the proceeding.
(c) Petition to intervene
(2) Time for filing.
(i) A petition to intervene shall be filed with the Department prior to the first prehearing conference, or, in the event that no such conference is to be held, not later than fifteen (15) days prior to the hearing.
(ii) A petition to intervene filed by a city, other public body, or a chamber of commerce shall be filed with the Department not later than the last day prior to the beginning of the hearing.
(iii) A petition to intervene that is not timely filed shall be dismissed unless the petitioner shall clearly show good cause for his or her failure to file such petition on time.
(3) Answer.
(4) Disposition.
(d) Effect of granting intervention.
(a) Any party to a proceeding may appear and be heard in person or by a designated representative.
(b) No register of persons who may practice before the Department is maintained and no application for admission to practice is required.
(c) Any person practicing or desiring to practice before the Department may, upon hearing and good cause shown, be suspended or barred from practicing.
(a) Purpose and scope of conference.
(1) Matters that the DOT decisionmaker can consider without the necessity of proof;
(2) Admissions of fact and of the genuineness of documents;
(3) Requests for documents;
(4) Admissibility of evidence;
(5) Limitation of the number of witnesses;
(6) Reducing of oral testimony to exhibit form;
(7) Procedure at the hearing; and
(8) Use of electronic media as a basis for exchange of briefs, hearing transcripts and exhibits, etc., in addition to the official record copy.
(b) Actions during prehearing conference.
(c) Report of prehearing conference.
The administrative law judge to whom the case is assigned or the DOT decisionmaker shall give the parties reasonable notice of a hearing or of the change in the date and place of a hearing and the nature of such hearing.
(a) Presenting evidence.
(b) Objections to evidence.
(c) Exhibits.
(d) Substitution of copies for original exhibits.
(e) Designation of parts of documents.
(f) Records in other proceedings.
(1) The portion is specified with particularity in such manner as to be readily identified;
(2) The party offering the same agrees unconditionally to supply such copies later, or when required by the DOT decisionmaker;
(3) The parties represented at the hearing stipulate upon the record that such portion may be incorporated by reference, and that any portion offered by any other party may be incorporated by like reference upon compliance with paragraphs (f)(1) and (2) of this section; and
(4) The administrative law judge directs such incorporation or waives the requirement in paragraph (f)(3) of this section with the consent of the parties.
(g) Official notice of facts contained in certain documents.
(i) Air carrier certificates or applications therefor, together with any requests for amendment, and pleadings responding to applications when properly filed.
(ii) All Form 41 reports required to be filed by air carriers with the Department.
(iii) Reports of Traffic and Financial Data of all U.S. Air Carriers issued by the Civil Aeronautics Board (CAB) or the Department.
(iv) Airline Traffic Surveys and Passenger Origin-Destination Surveys, Domestic and International, compiled by the CAB or the Department and published and/or made available either to the public or to parties in proceedings.
(v) Compilations of data relating to competition in the airline industry and made available to the public by the CAB or the Department, such as the 1990 Airline Competition Study.
(vi) Passenger, mail, express, and freight data submitted to the CAB or the Department as part of ER-586 Service Segment Data by U.S. carriers, or similar data submitted to the Department by U.S. air carriers (T-100) or by foreign air carriers (T-100F) that is not confidential.
(vii) All tariffs, including the electronic versions, and amendments thereof, of all air carriers, on file with the Department.
(viii) Service Mail Pay and Subsidy for U.S. Certificated Air Carriers published by the CAB and any supplemental data and subsequent issues published by the CAB or the Department.
(ix) Airport Activity Statistics of Certificated Air Carriers compiled and published by the Federal Aviation Administration (FAA) or the Department.
(x) Air Traffic Activity Data issued by the FAA.
(xi) National Plan of Integrated Airport Systems (NPIAS) issued by the FAA.
(xii) Airport Facilities Directory, Form 5010, issued by the FAA.
(xiii) The Airman's Information Manual issued by the FAA.
(xiv) ICAO Statistical Summary, Preliminary Issues and Nos. 1 through 14, and Digest of Statistics, Nos. 15 through 71, prepared by ICAO, Montreal, Canada, with all changes and additions.
(xv) Monthly, quarterly and annual reports of the Immigration and Naturalization Service, U.S. Department of Justice.
(xvi) All forms and reports required by the U.S. Postal Service to be filed by air carriers authorized to transport mail.
(xvii) All orders of the Postmaster General designating schedules for the transportation of mail.
(xviii) Publications of the Bureau of the Census of the U.S. Department of Commerce (DOC) relating, but not necessarily limited, to population, manufacturing, business, statistics, and any yearbooks, abstracts, or similar publications published by DOC.
(xix) ABC World Airways Guide and all Official Airline Guides, including the North American, Worldwide, All-Cargo and quick reference editions, including electronic versions.
(xx) Official Guide of the Railways and Russell's Official National Motor Coach Guide.
(xxi) The Rand McNally Commercial Atlas and Marketing Guide, and the Rand McNally Road Atlas, United States, Canada, and Mexico.
(xxii) Survey of Buying Power published by Sales Management Magazine.
(2) Any fact contained in a document belonging to a category enumerated in paragraph (g)(1) of this section shall be deemed to have been physically incorporated into and made part of the record in such proceedings. However, such taking of official notice shall be subject to the rights granted to any party or intervener to the proceeding under section 7(d) of the Administrative Procedure Act (5 U.S.C. 557(d)).
(3) The decisions of the Department and its administrative law judges may officially notice any appropriate matter without regard to whether or not such items are contained in a document belonging to the categories enumerated in paragraph (g)(1) of this section. However, where the decision rests on official notice of a material fact or facts, it will set forth such items with sufficient particularity to advise interested persons of the matters that have been noticed.
(h) Receipt of documents after hearing.
(i) Exceptions.
(j) Offers of proof.
(a) An application for a subpoena requiring the attendance of a witness at a hearing or the production of documentary evidence may be made without notice by any party to the administrative law judge or, in the event that an administrative law judge has not been assigned to a proceeding or is not available, to the DOT decisionmaker or the Chief Administrative Law Judge, for action.
(b) An application for a subpoena shall be in duplicate except that if it is made during the course of a hearing, it may be made orally on the record with the consent of the administrative law judge.
(c) All such applications, whether written or oral, shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by two copies of a draft of the subpoena sought that, in the case of evidence, shall describe the documentary or tangible evidence to be subpoenaed with as much particularity as is feasible, or, in the case of a witness, the name of the witness and a general description of the matters concerning which the witness will be asked to testify.
(d) The administrative law judge or DOT decisionmaker considering any application for a subpoena shall issue the subpoena requested if the application complies with this section. No attempt shall be made to determine the admissibility of evidence in passing upon an application for a subpoena, and no detailed or burdensome showing shall be required as a condition to the issuance of a subpoena.
(e) Where it appears during the course of a proceeding that the testimony of a witness or documentary evidence is relevant to the issues in a proceeding, the administrative law judge, Chief Administrative Law Judge or DOT decisionmaker may issue on his or her own initiative a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence.
(f) Subpoenas issued under this section shall be served upon the person to whom directed in accordance with § 302.7(b). Any person upon whom a subpoena is served may within seven (7) days after service or at any time prior to the return date thereof, whichever is earlier, file a motion to quash or modify the subpoena with the administrative law judge or, in the event an administrative law judge has not been assigned to a proceeding or is not available, to the DOT decisionmaker or the Chief Administrative Law Judge for action. If the person to whom the motion to modify or quash the subpoena has been addressed or directed, has not acted upon such a motion by the return date, such date shall be stayed pending his or her final action thereon. The DOT decisionmaker may at any time review, upon his or her own initiative, the ruling of an administrative law judge or the Chief Administrative Law Judge denying a motion to quash a subpoena. In such cases, the DOT decisionmaker may order that the return date of a subpoena be stayed pending action thereon.
(g) The provisions of this section are not applicable to the attendance of DOT employees or the production of documentary evidence in the custody thereof at a hearing. The attendance of DOT employees and the production of documentary evidence in their custody are governed by 49 CFR Parts 9 and 7, respectively.
(a) For good cause shown, the DOT decisionmaker or administrative law judge assigned to a proceeding may order that the testimony of a witness be taken by deposition and that the witness produce documentary evidence in connection with such testimony. Ordinarily an order to take the deposition of a witness will be entered only if:
(1) The person whose deposition is to be taken would be unavailable at the hearing,
(2) The deposition is deemed necessary to perpetuate the testimony of the witness, or
(3) The taking of the deposition is necessary to prevent undue and excessive expense to a party and will not result in an undue burden to other parties or in undue delay.
(b) Any party desiring to take the deposition of a witness shall make application therefor in duplicate to the administrative law judge or, in the event that an administrative law judge has not been assigned to a proceeding or is not available, to the DOT decisionmaker or Chief Administrative Law Judge, setting forth the reasons why such deposition should be taken, the name and residence of the witness, the time and place proposed for the taking of the deposition, and a general description of the matters concerning which the witness will be asked to testify. If good cause be shown, the administrative law judge, the DOT decisionmaker, or the Chief Administrative Law Judge, as the case may be, may, in his or her discretion, issue an order authorizing such deposition and specifying the witness whose deposition is to be taken, the general scope of the testimony to be taken, the time when, the place where, the designated officer (authorized to take oaths) before whom the witness is to testify, and the number of copies of the deposition to be supplied. Such order shall be served upon all parties by the person proposing to take the deposition a reasonable period in advance of the time fixed for taking testimony.
(c) Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them. Each question shall be recorded and the answers shall be taken down in the words of the witness.
(d) Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon, but no transcript filed by the designated officer shall include argument or debate. Objections to questions or evidence shall be noted by the designated officer upon the deposition, but he or she shall not have power to decide on the competency or materiality or relevance of evidence, and he or she shall record the evidence subject to objection. Objections to questions or evidence not made before the designated officer shall not be deemed waived unless the ground of the objection is one that might have been obviated or removed if presented at that time.
(e) The testimony shall be reduced to writing by the designated officer, or under his or her direction, after which the deposition shall be signed by the witness unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign, and certified in usual form by the designated officer. If the deposition is not signed by the witness, the designated officer shall state on the record this fact and the reason therefor. The original deposition and exhibits shall be forwarded to Department of Transportation Dockets and shall be filed in the proceedings.
(f) Depositions may also be taken and submitted on written interrogatories in substantially the same manner as depositions taken by oral examination. Ordinarily such procedure will be authorized only if necessary to achieve the purposes of an oral deposition and to serve the balance of convenience of the parties. The interrogatories shall be filed in quadruplicate with two copies of the application and a copy of each shall be served on each party. Within seven (7) days after service any party may file with the person to whom application was made two copies of his or her objections, if any, to such interrogatories and may file such cross-interrogatories as he or she desires to submit. Cross-interrogatories shall be filed in quadruplicate, and a copy thereof together with a copy of any objections to interrogatories, shall be served on each party, who shall have five (5) days thereafter to file and serve his or her objections, if any, to such cross-interrogatories. Objections to interrogatories or cross-interrogatories, shall be served on the DOT decisionmaker or the administrative law judge considering the application. Objections to interrogatories shall be made before the order for taking the deposition issues and if not so made shall be deemed waived. When a deposition is taken upon written interrogatories, and cross-interrogatories, no party shall be present or represented, and no person other than the witness, a reporter, and the designated officer shall be present at the examination of the witness, which fact shall be certified by the designated officer, who shall ask the interrogatories and cross-interrogatories to the witness in their order and reduce the testimony to writing in the witness's own words. The provisions of paragraph (e) of this section shall be applicable to depositions taken in accordance with this paragraph.
(g) All depositions shall conform to the specifications of § 302.3 except that the filing of three copies thereof shall be sufficient. Any fees of a witness, the reporter, or the officer designated to take the deposition shall be paid by the person at whose instance the deposition is taken.
(h) The fact that a deposition is taken and filed in a proceeding as provided in this section does not constitute a determination that it is admissible in evidence or that it may be used in the proceeding. Only such part or the whole of a deposition as is received in evidence shall constitute a part of the record in such proceeding upon which a decision may be based.
(a) Any person appearing as a witness in any proceeding governed by this part, whether in response to a subpoena or by request or permission of the Department, may be accompanied, represented, and advised by counsel and may be examined by that counsel after other questioning.
(b) Any person who submits data or evidence in a proceeding governed by this part, whether in response to a subpoena or by request or permission of the Department, may retain, or, on payment of lawfully prescribed costs, procure, a copy of any document so submitted or a copy of any transcript made of such testimony.
(c) No person whose attendance at a hearing or whose deposition is to be taken shall be obliged to respond to a subpoena unless upon a service of the subpoena he or she is tendered attendance fees and mileage by the party at whose instance he or she is called in accordance with the requirements of paragraphs (c)(1) and (2) of this section; Provided,
(1) Witnesses who are not salaried employees of the United States, or such employees summoned to testify on matters not related to their public employment, shall be paid the same per diem, subsistence, and mileage fees paid to witnesses for like service in the courts of the United States that are in effect at the time of travel; Provided,
(2) Witnesses who are salaried employees of the United States and who are summoned to testify on matters relating to their public employment, irrespective of at whose instance they are summoned, shall be paid in accordance with applicable Government regulations.
(a) Hearings shall be recorded and transcribed under supervision of the administrative law judge, by a reporting firm under contract with the Department. Copies of the transcript that may, at the discretion of the administrative law judge, be furnished by use of electronic media in addition to the official copy, shall be supplied to the parties to the proceeding by said reporting firm, at the contract price for copies.
(b) The administrative law judge shall determine whether “ordinary transcript” or “daily transcript” (as those terms are defined in the contract) will be necessary and required for the proper conduct of the proceeding and the Department will pay the reporting firm the cost of reporting its proceedings at the contract price for such type of transcript. If the administrative law judge has determined that ordinary transcript is adequate, and has notified the parties of such determination (in the notice of hearings, or otherwise), then any party may request reconsideration of such determination and that daily transcript be required. In determining what is necessary and required for the proper conduct of the proceeding, the administrative law judge shall consider, among other things:
(1) The nature of the proceeding itself;
(2) The DOT decisionmaker's needs as well as the reasonable needs of the parties;
(3) The cost to the Department; and
(4) The requirements of a fair hearing.
(c) If the administrative law judge has determined that ordinary transcript is adequate, or, upon reconsideration, has adhered to such determination, then any party may request the reporting firm to provide daily transcript. In that case, pursuant to its contract with the Department, the reporting firm will be obligated to furnish to the Department daily transcript upon the agreement by the requesting party to pay to the reporting firm an amount equal to the difference between the contract prices for ordinary transcript and daily transcript, provided that the requesting party makes such agreement with the reporting firm at least twenty-four (24) hours in advance of the date for which such transcript is requested.
(d) Any party may obtain from the Office of the Assistant Secretary for Administration, the name and address of the private reporting company with which the Department currently has a contract for transcripts and copies, as well as the contract prices then in effect for such services.
(e) Copies of transcripts ordered by parties other than the Department shall be prepared for delivery to the requesting person at the reporting firm's place of business, within the stated time for the type of transcript ordered. The requesting party and the reporting firm may agree upon some other form or means of delivery (mail, messenger, electronic media, etc.) and the reporting firm may charge for such special service, provided that such charge shall not exceed the reasonable cost of such service.
(f) Changes in the official transcript may be made only when they involve errors affecting substance. A motion to correct a transcript shall be filed with Department of Transportation Dockets, within ten (10) days after receipt of the completed transcript by the Department. If no objections to the motion are filed within ten (10) days thereafter, the transcript may, upon the approval of the administrative law judge, be changed to reflect such corrections. If objections are received, the motion and objections shall be submitted to the official reporter by the administrative law judge together with a request for a comparison of the transcript with the reporter's record of the hearing. After receipt of the report of the official reporter an order shall be entered by the administrative law judge settling the record and ruling on the motion.
(a) The administrative law judge shall give the parties to the proceeding adequate opportunity during the course of the hearing for the presentation of arguments in support of or in opposition to motions, and objections and exceptions to rulings of the administrative law judge.
(b) When, in the opinion of the administrative law judge, the volume of the evidence or the importance or complexity of the issues involved warrants, he or she may, either on his or her own motion or at the request of a party, permit the presentation of oral argument, and may impose such time limits on the argument as he or she may determine appropriate. Such argument shall be transcribed and bound with the transcript of testimony and will be available to the Department decisionmaker for consideration in deciding the case.
Within such limited time after the close of the reception of evidence fixed by the administrative law judge, any party may, upon request and under such conditions as the administrative law judge may prescribe, file for his or her consideration briefs which may include proposed findings of fact and conclusions of law that shall contain exact references to the record and authorities relied upon.
(a) Action by administrative law judge after hearing.
(1) Initial decision.
(2) Recommended decision.
(b) Certification to the DOT decisionmaker for decision.
(c) Every initial or recommended decision issued shall state the names of the persons who are to be served with copies of it, the time within which exceptions to, or petitions for review of, such decision may be filed, and the time within which briefs in support of the exceptions may be filed. In addition, every such decision shall recite that it is made under delegated authority, and contain notice of the provisions of paragraph (d) of this section. In the event the administrative law judge certifies the record to the DOT decisionmaker without an initial or recommended decision, he or she shall notify the parties of the time within which to file with the DOT decisionmaker briefs which may include proposed findings of fact and conclusions of law.
(d) Unless a petition for discretionary review is filed pursuant to § 302.32, exceptions are filed pursuant to § 302.217, or the DOT decisionmaker issues an order to review upon his or her own initiative, the initial decision shall become effective as the final order of the Department thirty (30) days after service thereof; in the case of a recommended decision, that decision shall be transmitted to the President of the United States under 49 U.S.C. 41307. If a petition for discretionary review or exceptions are timely filed or action to review is taken by the DOT decisionmaker upon his or her own initiative, the effectiveness of the initial decision or the transmission of the recommended decision is stayed until the further order of the DOT decisionmaker.
(a) Petitions for discretionary review.
(2) Petitions for discretionary review shall be filed only upon one or more of the following grounds:
(i) A finding of a material fact is erroneous;
(ii) A necessary legal conclusion is without governing precedent or is a departure from or contrary to law, the Department's rules, or precedent;
(iii) A substantial and important question of law, policy or discretion is involved; or
(iv) A prejudicial procedural error has occurred.
(3) Each issue shall be separately numbered and plainly and concisely stated. Petitioners shall not restate the same point in repetitive discussions of an issue. Each issue shall be supported by detailed citations of the record when objections are based on the record, and by statutes, regulations or principal authorities relied upon. Any matters of fact or law not argued before the administrative law judge, but that the petitioner proposes to argue on brief to the DOT decisionmaker, shall be stated.
(4) Petitions for discretionary review shall be self-contained and shall not incorporate by reference any part of another document. Except by permission of the DOT decisionmaker, petitions shall not exceed twenty (20) pages including appendices and other papers physically attached to the petition.
(5) Requests for oral argument on petitions for discretionary review will not be entertained by the DOT decisionmaker.
(b) Answers.
(c) Orders declining review.
(d) Review proceedings.
(2) Where the DOT decisionmaker desires further proceedings, he or she will issue an order for review that will:
(i) Specify the issues to which review will be limited. Only those issues specified in the order shall be argued on brief to the DOT decisionmaker, pursuant to § 302.35, and considered by the DOT decisionmaker;
(ii) Specify the portions of the administrative law judge's decision, if any, that are to be stayed as well as the effective date of the remaining portions thereof; and
(iii) Designate the parties to the review proceeding.
(a) Except as provided in paragraph (b) of this section, whenever the administrative law judge certifies the record in a proceeding directly to the DOT decisionmaker without issuing an initial or recommended decision in the matter, the DOT decisionmaker shall, after consideration of any briefs submitted by the parties, prepare a tentative decision and serve it upon the parties. Every tentative decision of the DOT decisionmaker shall state the names of the persons who are to receive copies of it, the time within which exceptions to such decision and briefs, if any, in support of or in opposition to the exceptions may be filed, and the date when such decision will become final in the absence of exceptions thereto. If no exceptions are filed to the tentative decision of the DOT decisionmaker within the period fixed, it shall become final at the expiration of such period unless the DOT decisionmaker orders otherwise.
(b) The DOT decisionmaker may, in his or her discretion, omit a tentative decision in proceedings under subpart B. Final decisions of the DOT decisionmaker are subject to review as provided in § 302.18.
(a) Time for filing.
(b) Form and contents of exceptions.
(c) Effect of failure to file timely and adequate exceptions.
(a) Time for filing.
(b) Effect of failure to restate objections in briefs.
(c) Formal specifications of briefsbriefs may be furnished by use of electronic media in a format acceptable to the Department and the parties.
(2) Incorporation by reference.
(3) Length.
(a) If any party desires to argue a case orally before the DOT decisionmaker, he or she shall request leave to make such argument in his or her exceptions or brief. Such request shall be filed no later than the date when briefs before the DOT decisionmaker are due in the proceeding. The DOT decisionmaker will rule on such request, and, if oral argument is to be allowed, all parties to the proceeding will be advised of the date and hour set for such argument and the amount of time allowed to each party. Requests for oral argument on petitions for discretionary review will not be entertained.
(b) Pamphlets, charts, and other written data may be offered to the DOT decisionmaker at oral argument only in accordance with the following rules: All such material shall be limited to facts in the record of the case being argued and shall be served on all parties to the proceeding with four (4) copies transmitted to Department of Transportation Dockets at least five (5) calendar days in advance of the argument.
The parties to any proceeding may agree to waive any one or more of the procedural steps provided in § 302.29 through § 302.36.
When a case stands submitted to the DOT decisionmaker for final decision on the merits, he or she will dispose of the issues presented by entering an appropriate order that will include a statement of the reasons for his or her findings and conclusions. Such orders shall be deemed “final orders” within the purview of § 302.14(a), in the manner provided by § 302.18.
(a) This subpart sets forth the specific rules applicable to proceedings on:
(1) U.S. air carrier certificates of public convenience and necessity and U.S. all-cargo air service certificates under Chapter 411 of the Statute, including renewals, amendments, modifications, suspensions and transfers of such certificates.
(2) Foreign air carrier permits under Chapter 413 of the Statute, including renewals, amendments, modifications, suspensions, and transfers of such permits.
(b) Except as modified by this subpart, the provisions of subpart A of this part apply.
(a) Certificate applications filed under this subpart shall contain the information required by part 201 of this chapter and, where applicable, part 204 of this chapter, and foreign air carrier permit applications shall contain the information required by part 211 of this chapter, along with any other information that the applicant desires the Department to notice officially.
(b) Applications shall include a notice on the cover page stating that any person may support or oppose the application by filing an answer and serving a copy of the answer on all persons served with the application. The notice shall also state the due date for answers. Amendments to applications will be considered new applications for the purpose of calculating the time limitations of this subsection.
(c) Applications shall include a list of the names and addresses of all persons who have been served in accordance with § 302.203.
(d) Where required, each application shall be accompanied by an Energy Statement in conformity with part 313 of this chapter.
(a) General requirements.
(2) Applicants shall serve a complete copy of the application on the Manager of the FAA Flight Standards District Office responsible for processing the application for any FAA authority needed to conduct the proposed operations.
(3) After an order under § 302.210 has been issued, parties need only serve documents on those persons listed in the service list accompanying the order.
(4) In the case of an application sought to be consolidated, the applicant shall serve the notice required in paragraph (a)(1) of this section on all persons served by the original applicant.
(b) Persons to be served
(A) Applicants for certificates to engage in interstate air transportation and other persons who file a pleading in the docket shall serve:
(1
(2
(B) Applicants for certificates to engage in foreign air transportation and other persons who file a pleading in the docket shall serve:
(1
(2
(3
(ii) In certificate proceedings involving charter-only authority under 41102(a)(3) of the Statute, applicants and other persons who file a pleading in the docket shall serve any other person who has filed a pleading in the docket.
(2) Foreign air carriers.
(A) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide
(B) The U.S. Department of State,
(C) The airport authority of each U.S. airport that the applicant initially proposes to serve, and
(D) Any other person who has filed a pleading in the docket.
(ii) In foreign air carrier permit proceedings for charter-only authority, applicants and other persons who file a pleading in the docket shall serve the U.S. Department of State and any other person who has filed a pleading in the docket.
(c) Additional service.notices are required, parties are encouraged to serve copies of their actual pleadings where feasible. In any proceeding directly involving air transportation to the Federated States of Micronesia, the Marshall Islands or Palau, the Department and any party or participant in the proceeding shall serve all documents on the President and the designated authorities of the government(s) involved.
(a) Any person may file an answer in support of or in opposition to any application. Answers shall set forth the basis for the position taken, including any economic data or other facts relied on. Except as otherwise provided in § 302.212(d), answers shall be filed within twenty one (21) days of the original or amended application and shall be served in accordance with § 302.203.
(b) Replies to answers shall be filed within fourteen (14) days after the filing of the answer.
(c) Persons having common interests shall, to the extent practicable, arrange for the joint preparation of pleadings.
Whenever economic data and other facts are provided in any pleading, such information shall include enough detail so that final results can be obtained without further clarification. Sources, bases, and methodology used in constructing exhibits, including any estimates or judgments, shall be provided.
Any pleading filed under this subpart shall include a certification as provided in § 302.4(b).
(a) Applications under this subpart will be decided on the basis of written submissions unless the DOT decisionmaker, on petition as provided in § 302.208 or on his or her own initiative, determines that an oral presentation or an administrative law judge's decision is required because:
(1) Use of written procedures will prejudice a party;
(2) Material issues of decisional fact cannot adequately be resolved without oral evidentiary hearing procedures; or
(3) Assignment of an application for oral evidentiary hearing procedures or an initial or recommended decision by an administrative law judge is otherwise required by the public interest.
(b) The standards employed in deciding cases under § 302.210(a)(1) or (5) shall be the same as the standards applied in cases decided under § 302.210(a)(4). These are the standards set forth in the Statute as interpreted and expanded upon under that Statute.
(a) Any person may file a petition for oral evidentiary hearing, oral argument, an initial or recommended decision, or any combination of these. Petitions shall demonstrate that one or more of the criteria set forth in § 302.207 are applicable to the issues for which an oral presentation or judge's decision is requested. Such petitions shall be supported by a detailed explanation of the following:
(1) Why the evidence or argument to be presented cannot be submitted in the form of written evidence or briefs;
(2) Which issues should be examined by an administrative law judge and why such issues should not be presented directly to the DOT decisionmaker for decision;
(3) An estimate of the time required for the oral presentation and the number of witnesses whom the petitioner would present; and
(4) If cross-examination of any witness is desired, the name of the witness, if known, the subject matter of the desired cross-examination or the title or number of the exhibit to be cross-examined, what the petitioner expects to establish by the cross-examination, and an estimate of the time needed for it.
(b) Petitions for an oral hearing, oral argument, or an administrative law judge's decision shall be filed no later than the due date for answers in proceedings governed by §§ 302.211, 302.212 and 302.213, and be accompanied with the information specified in paragraphs (a)(1) and (a)(2) of this section. Filing of the information required in paragraphs (a)(3) and (a)(4) of this section may be deferred until the DOT decisionmaker has decided to hold a formal proceeding.
(c) Where a stipulation of disputed facts would eliminate the need for an oral presentation or an administrative law judge's decision, parties shall include in their petitions an offer to withdraw the request should the stipulation be made.
Within twenty-eight (28) days after the filing of an application under this subpart, the DOT decisionmaker may defer further processing of the application until all of the information necessary to process that application is submitted. The time periods contained in this subpart with respect to the disposition of the application shall not begin to run until the application is complete. In addition, the DOT decisionmaker may defer action on a foreign air carrier permit application for foreign policy reasons.
(a) General requirements.
(1) Issue an Order to Show Cause why the application should not be granted, denied or dismissed, in whole or in part.
(2) Issue a Final Order granting the application if the DOT decisionmaker determines that there are no material issues of fact that warrant further procedures for their resolution.
(3) Issue a Final Order dismissing or rejecting the application for lack of prosecution or if the application does not comply with this subpart or is otherwise materially deficient.
(4) Issue an order setting the application for oral evidentiary hearing. The order will establish the scope of the issues to be considered and the procedures to be employed, and will indicate whether one or more attorneys from the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings will participate as a party. All of the procedures set forth in §§ 302.214 through 302.218 will apply unless the DOT decisionmaker decides otherwise.
(5) Begin to make a determination with respect to the application under simplified procedures without oral evidentiary hearing. In this event, the DOT decisionmaker may indicate which, if any, of the procedural steps set forth in §§ 302.215 through 302.219 will be employed. The DOT decisionmaker may also indicate that other non-oral evidentiary hearing procedures will be employed.
(b) Additional evidence.
(c) Petitions for reconsideration.
(a) Applicability.
(b) Order establishing further procedures.
(a) Applicability.
(b) Answers to applications.
(c) Conforming applications or motions to modify scope.
(d) Answers to conforming applications or motions to modify scope.
(e) Order establishing further procedures.
(a) Applicability.
(b) Executive departments.
(c) Order establishing further procedures.
If the DOT decisionmaker determines under § 302.210(a)(4) that an oral evidentiary hearing should be held, the application or applications will be set for oral hearing before an administrative law judge. The issues will be those set forth in the order establishing further procedures. The procedures in §§ 302.17 to 302.38 governing the conduct of oral evidentiary hearings will apply.
Briefs to the administrative law judge shall be filed within the following periods, as applicable:
(a) Fourteen (14) days after the close of the oral evidentiary hearing, unless the administrative law judge determines that, under the circumstances of the case, briefs are not necessary or that the parties will require more time to prepare briefs; or
(b) Fourteen (14) days after the filing of additional evidence called for in the order establishing further procedures if no oral evidentiary hearing is called for, unless the DOT decisionmaker determines that some other period should be allowed.
(a) In a case that has been set for oral evidentiary hearing under § 302.210(a)(4), the administrative law judge shall adopt and serve an initial or recommended decision within one hundred thirty-six (136) days after the issuance of the order establishing further procedures unless:
(1) The DOT decisionmaker, having found extraordinary circumstances, has by order delayed the initial or recommended decision by a period of not more than thirty (30) days; or
(2) An applicant has failed to meet the procedural schedule adopted by the judge or the DOT decisionmaker. In this case, the administrative law judge may, by notice, extend the due date for the issuance of an initial or recommended decision for a period not to exceed the period of delay caused by the applicant.
(b) In a case in which some of the issues have not been set for oral hearing under § 302.210(a)(4), the administrative law judge shall adopt and serve an initial or recommended decision within the time established by the DOT decisionmaker in the order establishing further procedures, except that that due date may be extended in accordance with paragraph (a)(2) of this section.
(c) The initial or recommended decision shall be issued by the administrative law judge fourteen (14) days after it is served. Unless exceptions are filed under § 302.217 or the DOT decisionmaker issues an order to review on his or her own initiative, an initial decision shall become effective as the final order of the Department the day it is issued. Where exceptions are timely filed or the DOT decisionmaker takes action to review on his or her own initiative, the effectiveness of the initial decision is stayed until further order of the DOT decisionmaker.
(d) In all other respects, the provisions of § 302.31 shall apply.
(a) Within seven (7) days after service of any initial or recommended decision of an administrative law judge, any party may file exceptions to the decision with the DOT decisionmaker.
(b) If timely and adequate exceptions are filed, review of the initial or recommended decision is automatic.
(c) In all other respects, the provisions of § 302.34 shall apply.
(a) In a case in which an initial or recommended decision has been served and exceptions have been filed, any party may file a brief in support of or in opposition to any exceptions. Such briefs shall be filed within fourteen (14) days after service of the initial or recommended decision.
(b) In a case in which no exceptions have been filed, briefs shall not be filed unless the DOT decisionmaker has taken review of the initial or recommended decision on his or her own initiative and has specifically provided for the filing of such briefs.
(c) In all other respect, the provisions of § 302.35 shall apply.
If the order establishing further procedures provides for an oral argument, or if the DOT decisionmaker otherwise decides to hear oral argument, all parties will be notified of the date and hour set for that argument and the amount of time allowed each party. The provisions of § 302.36(b) shall also apply.
In addition to the provisions of § 302.38, the following provisions shall apply:
(a) In the case of a certificate application that has been set for oral evidentiary hearing under § 302.210(a)(4), the Department will issue its final order within ninety (90) days after the initial or recommended decision is issued. If an application has failed to meet the procedural schedule established by the Department, the DOT decisionmaker may, by notice, extend the date for a final decision for a period equal to the period of delay caused by the applicant.
(b) If the DOT decisionmaker does not act in the time period established in paragraph (a) of this section:
(1) in the case of an application for a certificate to engage in foreign air transportation, the recommended decision shall be transmitted to the President of the United States under 49 U.S.C. 41307; or
(2) in the case of an application not subject to review by the President of the United States, the initial decision shall become effective as the final order of the Department.
(c) In the case of a certificate application that has been processed under § 302.210(a)(1) or (5), the Department will issue its final order within one hundred eighty (180) days after the order establishing further procedures. If an applicant has failed to meet the procedural schedule established by the Department, the DOT decisionmaker may, by notice, extend the due date for a final decision for a period equal to the period of delay caused by the applicant.
(a) This subpart sets forth the specific rules applicable to proceedings for exemptions under sections 40109 and 41714 of the Statute, including the granting of emergency exemptions, as well as applications for frequency allocations and other limited authority under international agreements. Except as modified by this subpart, the provisions of subpart A of this part apply.
(b) Proceedings for the issuance of exemptions by regulation are subject to the provisions governing rulemaking.
(a) Except as provided in paragraphs (b) and (c) of this section, applications for exemption shall conform to the requirements of §§ 302.3 and 302.4.
(b) Applications for exemption from section 41101 or 41301 of the Statute (including those that incorporate an exemption from section 41504) that involve ten (10) or fewer flights may be submitted to the U.S. Air Carrier Licensing Division or the Foreign Air Carrier Licensing Division (as appropriate), Office of International Aviation, on OST Form 4536. However, that form may not be used for:
(1) Applications filed under section 40109(g) of the Statute;
(2) Applications by persons who do not have either:
(i) An effective air carrier certificate or foreign air carrier permit from the Department, or
(ii) A properly completed application for such a certificate or permit, and an effective exemption from the Department for operations similar to those proposed;
(3) Successive applications for the same or similar authority that would total more than ten (10) flights; or
(4) Any other application for which the Department decides the requirements of §§ 302.3 and 302.4 are more appropriate. Upon a showing of good cause, an application may be filed by cablegram, telegram, facsimile, electronic mail (when available), or telephone; all such telephonic requests must be confirmed by written application within three (3) business days of the original request.
(c) Applications for exemption from Chapter 415 of the Statute, from tariffs (except for waivers filed under subpart Q of part 221 of this chapter), or from Department regulations concerning tariffs may be submitted by letter. Three copies of such applications shall be sent to Department of Transportation Dockets. Upon a showing of good cause, the application may also be filed by cablegram, telegram, facsimile, electronic mail (when available), or telephone; all such requests must be confirmed by written application within three (3) business days of the original request.
(d) Applications filed under paragraph (a) of this section shall be docketed and any additional documents filed shall be identified by the assigned docket number.
(e) Applications filed under paragraph (b) or (c) of this section will normally not be docketed. The Department may require such applications to be docketed if appropriate. The Department will publish a notice of such applications in its Weekly List of Applications Filed.
(a) Title.
(b) Factual statement.
(1) The section(s) of the Statute or the rule, regulation, term, condition, or limitation from which the exemption is requested;
(2) The proposed effective date and duration of the exemption;
(3) A description of how the applicant proposes to exercise the authority (for example, applications for exemption from section 41101 or 41301 of the Statute should include at least: places to be served; equipment types, capacity and source; type and frequency or service; and other operations that the proposed service will connect with or support); and
(4) Any other facts the applicant relies upon to establish that the proposed service will be consistent with the public interest.
(c) Supporting evidence.
(i) A statement of economic data, or other matters or information that the applicant desires the Department to officially notice;
(ii) Affidavits, or statements under penalty of 18 U.S.C. 1001, establishing any other facts the applicant wants the Department to rely upon; and
(iii) Information showing the applicant is qualified to perform the proposed services.
(2) In addition to the information required by paragraph (c)(1) of this section, an application for exemption from section 41101 or 41301 of the Statute (except exemptions under section 40109(g)) shall state whether the authority sought is governed by a bilateral agreement or by principles of comity and reciprocity. Applications by foreign carriers shall state whether the applicant's homeland government grants U.S. carriers authority similar to that requested. If so, the application shall state whether the fact of reciprocity has been established by the Department and cite the pertinent finding. If the fact of reciprocity has not been established by the Department, the application shall include documentation to establish such reciprocity.
(d) Emergency cabotage.
(1) Because of an emergency created by unusual circumstances not arising in the normal course of business, traffic in the markets requested cannot be accommodated by air carriers holding certificates under section 41102 of the Statute;
(2) All possible efforts have been made to accommodate the traffic by using the resources of such air carriers (including, for example, the use of foreign aircraft, or sections of foreign aircraft, under lease or charter to such air carriers, and the use of such air carriers' reservation systems to the extent practicable);
(3) The authority requested is necessary to avoid unreasonable hardship for the traffic in the market that cannot be accommodated by air carriers; and
(4) In any case where an inability to accommodate traffic in a market results from a labor dispute, the grant of the requested exemption will not result in an unreasonable advantage to any party in the dispute.
(e) Renewal applications.
(f) Record of service.
(a) General requirements.
(2) Applicants shall serve on the persons listed in paragraph (b) of this section a complete copy of the application and any supporting documents. Responsive pleadings shall be served on the same persons as applications.
(b) Persons to be served.
(i) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide
(ii) The airport authority of each U.S. airport that the applicant proposes to serve, and
(iii) Any other person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of the Statute.
(2) Applicants for scheduled foreign air transportation authority shall serve:
(i) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide
(ii)The airport authority of each U.S. airport that the applicant proposes to serve, and
(iii) Any other person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of the Statute.
(3) Applicants for charter-only or nonscheduled-only authority shall serve any person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of the Statute. However, applicants that file fewer than sixteen (16) days prior to the proposed start of service must also serve:
(i) Those U.S. carriers (including commuter carriers) that are known to be operating in the general market(s) at issue and
(ii) Those persons who may be presumed to have an interest in the subject matter of the application.
(4) Applicants for slot exemptions under section 41714 of the Statute shall serve:
(i) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide
(ii) The manager of each of the affected airports,
(iii) The mayor of the city that each affected airport serves,
(iv) The Governor of the State in which each affected airport is located, and
(v) Any other person who has filed a pleading in a related proceeding under section 41714 of the Statute.
(5) Additional service.
A copy of every docketed application for exemption shall be posted in Department of Transportation Dockets and listed in the Department's Weekly List of Applications Filed. A copy of every undocketed application shall be posted in the Licensing Division's lobby of the Office of International Aviation.
(a) Dismissal or rejection.
(b) Additional data.
Within fifteen (15) days after the filing of an application for exemption, any person may file an answer in support of or in opposition to the grant of a requested exemption. Such answer shall set forth in detail the reasons why the exemption should be granted or denied. An answer shall include a statement of economic data or other matters the Department is requested to officially notice, and shall be accompanied by affidavits establishing any other facts relied upon.
Within seven (7) days after the last day for filing an answer, any interested party may file a reply to one or more answers.
The Department will not normally conduct oral evidentiary hearings concerning applications for exemption. However, the Department may, in its discretion, order such a hearing on an application. Any applicant, or any person opposing an application, may request an oral evidentiary hearing. Such a request shall set forth in detail the reasons why the filing of affidavits or other written evidence will not permit the fair and expeditious disposition of the application. A request relying on factual assertions shall be accompanied by affidavits establishing such facts. If the Department orders an oral evidentiary hearing, the procedures in subpart A of this part shall apply.
The Department may grant exemptions on its own initiative when it finds that such exemptions are required by the circumstances and consistent with the public interest.
(a) Shortened procedures.
(b)(1) Applications.
(2) Oral requests.
(c) Notice.
This subpart contains the specific rules that apply to Department proceedings to enforce the provisions of Subtitle VII of the Statute, and the rules, regulations, orders and other requirements issued by the Department, as well as the filing of informal and formal complaints. Except as modified by this subpart, the provisions of subpart A of this part apply.
Assistant General Counsel,General Counsel for Aviation Enforcement and Proceedings.
Complainant
Parties,
Respondent
Any person may submit in writing to the Assistant General Counsel an informal complaint with respect to anything done or omitted to be done by any person in contravention of any provision of the Statute or any requirement established thereunder. Such informal complaints need not otherwise comply with the provisions of this part. Matters so presented may, if their nature warrants, be handled by correspondence or conference with the appropriate persons. Any matter not disposed of informally may be made the subject of an enforcement proceeding pursuant to this subpart. The filing of an informal complaint shall not bar the subsequent filing of a formal complaint.
(a) Filing.
(b) Amendment.
(c) Insufficiency of formal complaint.
(d) Joinder of complaints or complainants.
(e) Service.
(a) Answers.
(b) Offers to satisfy.an offer to satisfy the complaint shall not excuse the filing of an answer.
(c) Motions to dismiss.
(a) Within a reasonable time after an answer to a formal complaint is filed, the Assistant General Counsel shall either:
(1) Issue a notice instituting a formal enforcement proceeding in accordance with § 302.407 or
(2) Issue an order dismissing the complaint in whole or in part, stating the reasons for such dismissal.
(b) An order dismissing a complaint issued pursuant to paragraph (a)(2) of this section shall become effective as a final order of the Department thirty (30) days after service thereof.
(c) Whenever the Assistant General Counsel has failed to act on a formal complaint within a reasonable time after an answer is due, the following motions may be addressed to the Deputy General Counsel:
(1) By the complainant to institute an enforcement proceeding by docketing the complaint upon a showing that it is in the public interest to do so; and
(2) By the respondent to dismiss the complaint upon a showing that it is in the public interest to do so.
(d) The Deputy General Counsel may grant, deny, or defer any of the motions, in whole or in part, and take appropriate action to carry out his or her decision.
(a) Whenever in the opinion of the Assistant General Counsel there are reasonable grounds to believe that any economic regulatory provision of the Statute, or any rule, regulation, order, limitation, condition, or other requirement established pursuant thereto, has been or is being violated, that efforts to satisfy a complaint as provided by § 302.405 have failed, and that the investigation of any or all of the alleged violations is in the public interest, the Assistant General Counsel may issue a notice instituting an enforcement proceeding before an administrative law judge.
(b) The notice shall incorporate by reference the formal complaint submitted pursuant to § 302.404 or shall be accompanied by a complaint by an attorney from the Office of the Assistant General Counsel. The notice and accompanying complaint, if any, shall be formally served upon each respondent and each complainant.
(c) The proceedings thus instituted shall be processed in regular course in accordance with this part. However, nothing in this part shall be construed to limit the authority of the Department to institute or conduct any investigation or inquiry within its jurisdiction in any other manner or according to any other procedures that it may deem necessary or proper.
(d) Whenever the Assistant General Counsel seeks an assessment of civil penalties in an enforcement proceeding, he or she shall serve on all parties to the proceeding a notice of the violations alleged and the amount of penalties for which the respondent may be liable. The notice may be included in the notice instituting a formal enforcement proceeding or in a separate document.
(e) In any proceeding in which civil penalties are sought, any decisions issued by the Department shall state the amount of any civil penalties assessed upon a finding of violation, and the time and manner in which payment shall be made to the United States.
(a) Within fifteen (15) days after the date of service of a notice issued pursuant to § 302.407, the respondent shall file an answer to the complaint attached thereto or incorporated therein unless an answer has already been filed in accordance with § 302.405. Any requests for extension of time for filing of an answer to such complaint shall be filed in accordance with § 302.11.
(b) All answers shall be served in accordance with § 302.7 and shall fully and completely advise the parties and the Department as to the nature of the defense and shall admit or deny specifically and in detail each allegation of the complaint unless the respondent is without knowledge, in which case, his or her answer shall so state and the statement shall operate as a denial. Allegations of fact not denied or controverted shall be deemed admitted. Matters alleged as affirmative defenses shall be separately stated and numbered and shall, in the absence of a reply, be deemed to be controverted. Any answer to a complaint, or response to a notice, proposing the assessment of civil penalties shall specifically present any matters that the respondent intends to rely upon in opposition to, or in mitigation of, such civil penalties.
(c) The DOT decisionmaker or the administrative law judge may, in his or her discretion, require or permit the filing of a reply in appropriate cases; otherwise, no reply may be filed.
Failure of a respondent to file and serve an answer within the time and in the manner prescribed by § 302.408 shall be deemed to authorize the DOT decisionmaker or administrative law judge, as a matter of discretion, to find the facts alleged in the complaint incorporated in or accompanying the notice instituting a formal enforcement proceeding to be true and to enter such orders as may be appropriate without notice or hearing, or, as a matter of discretion, to proceed to take proof, without notice, of the allegations or charges set forth in the complaint or order; Provided,
The DOT decisionmaker or Chief Administrative Law Judge may, upon his or her own initiative, or upon motion of any party, consolidate for hearing or for other purposes, or may contemporaneously consider, two or more enforcement proceedings that involve substantially the same parties or issues that are the same or closely related, if he or she finds that such consolidation or contemporaneous hearing will be conducive to the dispatch of business and to the ends of justice and will not unduly delay the proceedings.
(a) At any time after an answer has been filed, any party may file with the DOT decisionmaker or the administrative law judge a motion to dismiss or a motion for summary judgment, including supporting affidavits. The procedure on such motions shall be in accordance with the Federal Rules of Civil Procedure (28 U.S.C.), particularly Rules 6(d), 7(b), 12, and 56, except that answers and supporting papers to a motion to dismiss or for summary judgment shall be filed within seven (7) days after service of the motion.
(b) Parties may petition the DOT decisionmaker to review any action by the administrative law judge granting summary judgment or dismissing an enforcement proceeding under the procedure established for review of an initial decision in § 302.32.
(a) At any time after an answer has been filed, any party may file with the DOT decisionmaker or administrative law judge and serve upon the opposing side a written request for the admission of the genuineness and authenticity of any relevant documents described in and exhibited with the request or for the admission of the truth of any relevant matters of fact stated in the request with respect to such documents.
(b) Each of the matters of which an admission is requested shall be deemed admitted unless within a period designated in the request, not less than ten (10) days after service thereof, or within such further time as the DOT decisionmaker or the administrative law judge may allow upon motion and notice, the party to whom the request is directed serves upon the requesting party a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully either admit or deny such matters.
(c) Service of such request and answering statement shall be made as provided in § 302.7. Any admission made by a party pursuant to such request is only for the purposes of the pending proceeding, or any proceeding or action instituted for the enforcement of any order entered therein, and shall not constitute an admission by him or her for any other purpose or be used against him or her in any other proceeding or action.
Evidence of previous violations by any person or of any provision of the Statute or any requirement thereunder found by the Department or a court in any other proceeding or criminal or civil action may, if relevant and material, be admitted in any enforcement proceeding involving such person.
A prehearing conference may be held in an enforcement proceeding whenever the administrative law judge believes that the fair and expeditious disposition of the proceeding requires one. If a prehearing conference is held, it shall be conducted in accordance with § 302.22.
After the issues have been formulated, whether by the pleadings or otherwise, the administrative law judge shall give the parties reasonable written notice of the time and place of the hearings. Except as may be modified by the provisions of this subpart, the procedures in §§ 302.17 to 302.38 governing the conduct of oral evidentiary hearings will apply.
With consent of the administrative law judge, appearances may be entered without request for or grant of permission to intervene by interested persons who are not parties to the proceeding. Such persons may, with the consent of the administrative law judge, cross-examine a particular witness or suggest to any party or counsel therefor questions or interrogations to be asked witnesses called by any party, but may not otherwise examine witnesses and may not introduce evidence or otherwise participate in the proceeding. However, such persons may present to both the administrative law judge and the DOT decisionmaker an oral or written statement of their position on the issues involved in the proceeding.
(a) The Deputy General Counsel and the respondent may agree to settle all or some of the issues in an enforcement proceeding at any time before a final decision is issued by the DOT decisionmaker. The Deputy General Counsel shall serve a copy of any proposed settlement on each party and shall submit the proposed settlement to the administrative law judge for approval. The submission of a proposed settlement shall not automatically delay the proceeding.
(b) Any party to the proceeding may submit written comments supporting or opposing the proposed settlement within ten (10) days from the date of service.
(c) The administrative law judge shall approve the proposed settlement, as submitted, if it appears to be in the public interest, or otherwise shall disapprove it.
(d) Information relating to settlement offers and negotiations will be withheld from public disclosure if the Deputy General Counsel determines that disclosure would interfere with the likelihood of settlement of an enforcement proceeding.
All motions for the suspension of the economic operating authority of an air carrier during the pendency of proceedings to revoke such authority shall be filed with, and decided by, the DOT decisionmaker. Proceedings on the motion shall be in accordance with § 302.11. In addition, the DOT decisionmaker shall afford the parties an opportunity for oral argument on such motion.
Whenever any party to a proceeding, in which an order of the Department has been issued pursuant to section 46101 of the Statute or an injunction or other form of enforcement action has been issued by a court of competent jurisdiction pursuant to section 46106 of the Statute, believes that changed conditions of fact or law or the public interest require that said order or judicial action be modified or set aside, in whole or in part, such party may file with the Department a motion requesting that the Department take such administrative action or join in applying to the appropriate court for such judicial action, as the case may be. The motion shall state the changes desired and the changed circumstances warranting such action, and shall include the materials and argument in support thereof. The motion shall be served on each party to the proceeding in which the enforcement action was taken. Within thirty (30) days after the service of such motion, any party so served may file an answer thereto. The Department shall dispose of the motion by such procedure as it deems appropriate.
Repeal, revision or amendment of any of the economic regulatory provisions of the Statute or of the Department's rules, regulations, orders, or other requirements shall not affect any pending enforcement proceeding or any enforcement proceeding initiated thereafter with respect to causes arising or acts committed prior to said repeal, revision or amendment, unless the act of repeal, revision or amendment specifically so provides.
This subpart sets forth the special rules applicable to proceedings with respect to rates, fares and charges in foreign air transportation under Chapter 415 of the Statute. Except as modified by this subpart, the provisions of subpart A apply.
A proceeding to determine the lawfulness of rates, fares, or charges for the foreign air transportation of persons or property by aircraft, or the lawfulness of any classification, rule, regulation, or practice affecting such rates, fares or charges, may be instituted by the filing of a petition or complaint by any person, or by the issuance of an order by the Department.
(a) If a petition or complaint is filed it shall state the reasons why the rates, fares, or charges, or the classification, rule, regulation, or practice complained of are unlawful and shall support such reasons with a full factual analysis.
(b) A petition or complaint shall be served by the petitioner or complainant upon the air carrier against whose tariff provision the petition or complaint is filed.
(c) Answers to complaints, other than those filed under § 302.506, shall be filed within seven (7) working days after the complaint is filed.
If the Department is of the opinion that a petition or complaint does not state facts that warrant an investigation or action on its part, it may dismiss such petition or complaint without hearing.
The Department, on its own initiative, or if it is of the opinion that the facts stated in a petition or complaint warrant it, may issue an order instituting an investigation of the lawfulness of any present or proposed rates, fares, or charges for the foreign air transportation of persons or property by aircraft or the lawfulness of any classification, rule, regulation, or practice affecting such rates, fares, or charges, and may assign the proceeding for hearing before an administrative law judge. If a hearing is held, except as modified by this subpart, the provisions of § 302.17 through § 302.38 of this part shall apply.
(a) Formal complaints seeking suspension of tariffs pursuant to section 41509 of the Statute shall fully identify the tariff and include reference to:
(1) The issued or posting date,
(2) The effective date,
(3) The name of the publishing carrier or agent,
(4) The Department number, and
(5) Specific items or particular provisions protested or complained against. The complaint should indicate in what respect the tariff is considered to be unlawful, and state what complainant suggests by way of substitution.
(b) A complaint requesting suspension of a tariff ordinarily will not be considered unless made in conformity with this section and filed no more than ten (10) days after the issued date contained within such tariff.
(c) A complaint requesting suspension, pursuant to section 41509 of the Statute, of an existing tariff for foreign air transportation may be filed at any time. However, such a complaint must be accompanied by a statement setting forth compelling reasons for not having requested suspension within the time limitations provided in paragraph (b) of this section.
(d) In an emergency satisfactorily shown by the complainant, and within the time limits herein provided, a complaint may be sent by facsimile, telegram, or electronic mail (when available) to the Department and to the carrier against whose tariff provision the complaint is made. Such complaint shall state the grounds relied upon, and must be confirmed in writing within three (3) business days and filed and served in accordance with this part.
(e) Answers to complaints shall be filed within six (6) working days after the complaint is filed.
In computing the time for filing formal complaints pursuant to § 302.506, with respect to tariffs that do not contain a posting date, the first day preceding the effective date of the tariff shall be the first day counted, and the last day so counted shall be the last day for filing unless such day is a Saturday, Sunday, or legal holiday for the Department, in which event the period for filing shall be extended to the next successive day that is not a Saturday, Sunday, or holiday. The computation of the time for filing complaints as to tariffs containing a posting date shall be governed by § 302.8.
(a) This subpart contains the specific rules that apply to a complaint filed by one or more air carriers or foreign air carriers (“carriers”), pursuant to 49 U.S.C. 47129(a), for a determination of the reasonableness of a fee increase or a newly established fee for aeronautical uses that is imposed upon the carrier by the owner or operator of an airport. This subpart also applies to requests by the owner or operator of an airport for such a determination. An airport owner or operator is considered to have imposed a fee on a carrier when it has taken all steps necessary under its procedures to establish the fee, whether or not the fee is being collected or carriers are currently required to pay it.
(b) This subpart does not apply to—
(1) A fee imposed pursuant to a written agreement with a carrier using the facilities of an airport;
(2) A fee imposed pursuant to a financing agreement or covenant entered into prior to August 23, 1994, or
(3) Any other existing fee not in dispute as of August 23, 1994.
(c) Except as modified by this subpart, the provisions of subpart A of this part apply.
(a) Any carrier may file a complaint with the Secretary for a determination as to the reasonableness of any fee imposed on the carrier by the owner or operator of an airport. Any airport owner or operator may also request such a determination with respect to a fee it has imposed on one or more carriers. The complaint or request for determination shall conform to the requirements of this subpart and §§ 302.3 and 302.4 concerning the form and filing of documents.
(b) If a carrier has previously filed a complaint with respect to the same airport fee or fees, any complaint by another carrier and any airport request for determination shall be filed no later than seven (7) calendar days following the initial complaint. In addition, all complaints or requests for determination must be filed on or before the sixtieth (60th) day after the carrier receives written notice of the imposition of the new fee or the imposition of the increase in the fee.
(c) To ensure an orderly disposition of the matter, all complaints and any request for determination filed with respect to the same airport fee or fees will be considered in a consolidated proceeding, as provided in § 302.606.
(a) The complaint or request for determination shall set forth the entire grounds for requesting a determination of the reasonableness of the airport fee. The complaint or request shall include a copy of the airport owner or operator's written notice to the carrier of the imposition of the fee, a statement of position with a brief, and all supporting testimony and exhibits on which the filing party intends to rely. In lieu of submitting duplicative exhibits or testimony, the filing party may incorporate by reference testimony and exhibits already filed in the same proceeding.
(b) All exhibits and briefs prepared on electronic spreadsheet or word processing programs should be accompanied by standard-format computer diskettes containing those submissions. The disk submission must be in one of the following formats, in the latest two versions, or in such other format as may be specified by notice in the Federal Register:
(c) When a carrier files a complaint, it must also certify:
(1) That it has served on the airport owner or operator and all other carriers serving the airport the complaint, brief, and all supporting testimony and exhibits, and that those parties have received or will receive these documents no later than the date the complaint is filed. Such service shall be by hand, by electronic transmission, or by overnight express delivery. (Unless a carrier has informed the complaining carrier that a different person should be served, service may be made on the person responsible for communicating with the airport on behalf of the carrier about airport fees.);
(2) That the carrier has previously attempted to resolve the dispute directly with the airport owner or operator;
(3) That when there is information on which the carrier intends to rely that is not included with the brief, exhibits, or testimony, the information has been omitted because the airport owner or operator has not made that information available to the carrier. The certification shall specify the date and form of the carrier's request for information from the airport owner or operator; and
(4) That any submission on computer diskette is a true copy of the data file used to prepare the printed versions of the exhibits or briefs.
(d) When an airport owner or operator files a request for determination, it must also certify:
(1) That it has served on all carriers serving the airport the request, brief, and all supporting testimony and exhibits, and that those parties have received or will receive these documents no later than the date the request is filed. Such service shall be in the same manner as provided in § 302.603(c)(1).
(2) That the airport owner or operator has previously attempted to resolve the dispute directly with the carriers; and
(3) That any submission on computer diskette is a true copy of the data file used to prepare the printed versions of the exhibits or briefs.
(a)(1) When a carrier files a complaint under this subpart, the owner or operator of the airport and any other carrier serving the airport may file an answer to the complaint as provided in paragraphs (b) and (c) of this section.
(2) When the owner or operator of an airport files a request for determination of the reasonableness of a fee it has imposed, any carrier serving the airport may file an answer to the request.
(b) The answer to a complaint or request for determination shall set forth the answering party's entire response. When one or more additional complaints or a request for determination has been filed pursuant to § 302.602(b) with respect to the same airport's fee or fees, the answer shall set forth the answering party's entire response to all complaints and any such request for determination. The answer shall include a statement of position with a brief and any supporting testimony and exhibits on which the answering party intends to rely. In lieu of submitting duplicative exhibits or testimony, the answering party may incorporate by reference testimony and exhibits already filed in the same proceeding.
(c) Answers to a complaint shall be filed no later than fourteen (14) calendar days after the filing date of the first complaint with respect to the fee or fees in dispute at a particular airport. Answers to a request for determination shall be filed no later than fourteen (14) calendar days after the filing date of the request.
(d) All exhibits and briefs prepared on electronic spreadsheet or word processing programs should be accompanied by standard-format computer diskettes containing those submissions as provided in § 302.603(b).
(e) The answering party must also certify that:
(1) it has served the answer, brief, and all supporting testimony and exhibits by hand, by electronic transmission, or by overnight express delivery on the carrier filing the complaint or the airport owner or operator requesting the determination, and that those parties have received or will receive these documents no later than the date the answer is filed; and
(2) that any submission on computer diskette is a true copy of the data file used to prepare the printed versions of the exhibits or briefs.
(a) The carrier submitting a complaint may file a reply to any or all of the answers to the complaint. The airport owner or operator submitting a request for determination may file a reply to any or all of the answers to the request for determination.
(b) The reply shall be limited to new matters raised in the answers. It shall constitute the replying party's entire response to the answers. It shall be in the form of a reply brief and may include supporting testimony and exhibits responsive to new matters raised in the answers. In lieu of submitting duplicative exhibits or testimony, the replying party may incorporate by reference testimony and exhibits already filed in the same proceeding.
(c) The reply shall be filed no later than two (2) calendar days after answers are filed.
(d) All exhibits and briefs prepared on electronic spreadsheet or word processing programs should be accompanied by standard-format computer diskettes containing those submissions as provided in § 302.603(b).
(e) The carrier or airport owner or operator submitting the reply must certify that it has served the reply and all supporting testimony and exhibits on the party or parties submitting the answer to which the reply is directed, and that those parties have received or will receive these documents no later than the date the reply is filed, and that any submission on computer diskette is a true copy of the data file used to prepare the printed versions of the exhibits or briefs.
(a) Within thirty (30) days after a complaint or request for determination is filed under this subpart, the Secretary will determine whether the complaint or request meets the procedural requirements of this subpart and whether a significant dispute exists, and take appropriate action pursuant to paragraph (b), (c), or (d) of this section. When both a complaint and a request for determination have been filed with respect to the same airport fee or fees, the Secretary will issue a determination as to whether the complaint, the request, or both meet the procedural requirements of this subpart and whether a significant dispute exists within thirty (30) days after the complaint is filed.
(b) If the Secretary determines that a significant dispute exists, he or she will issue an instituting order assigning the complaint or request for hearing before an administrative law judge. The instituting order will—
(1) Establish the scope of the issues to be considered and the procedures to be employed;
(2) Indicate the parties to participate in the hearing;
(3) Consolidate into a single proceeding all complaints and any request for determination with respect to the fee or fees in dispute; and
(4) Include any special provisions for exchange or disclosure of information by the parties.
(c) If the Secretary determines that the complaint or request does not meet the procedural requirements of this subpart, the complaint or request for determination will be dismissed without prejudice to filing a new complaint. The order of the Secretary will set forth the terms and conditions under which a revised complaint or request may be filed.
(d) If the Secretary finds that no significant dispute exists—
(1) If the proceeding was instituted by a complaint, the Secretary will issue an order dismissing the complaint, which will contain a concise explanation of the reasons for the determination that the dispute is not significant.
(2) If the proceeding was instituted by a request for determination, the Secretary will either issue a final order as provided in § 302.610 or set forth the schedule for any additional procedures required to complete the proceeding.
The administrative law judge shall issue a decision recommending a disposition of a complaint or request for determination within sixty (60) days after the date of the instituting order, unless a shorter period is specified by the Secretary.
(a) Within five (5) calendar days after service of a decision by an administrative law judge, any party may file with the Secretary a petition for discretionary review of the administrative law judge's decision.
(b) Petitions for discretionary review shall comply with § 302.32(a). The petitioner must also certify that it has served the petition by hand, by electronic transmission, or by overnight express delivery on all parties to the proceeding and that those parties have received or will receive the petition no later than the date it is filed.
(c) Any party may file an answer in support of or in opposition to any petition for discretionary review. The answer shall be filed within four (4) calendar days after service of the petition for discretionary review. The answer shall comply with the page limits specified in § 302.32(b).
(a) When a complaint or a request for determination with respect to an airport fee or fees has been filed under this subpart and has not been dismissed, the Secretary will issue a determination as to whether the fee is reasonable within 120 days after the complaint or request is filed.
(b) When both a complaint and a request for determination have been filed with respect to the same airport fee or fees and have not been dismissed, the Secretary will issue a determination as to whether the fee is reasonable within 120 days after the complaint is filed.
(a) When a complaint or request for determination stands submitted to the Secretary for final decision on the merits, he or she may dispose of the issues presented by entering an appropriate order, which will include a statement of the reasons for his or her findings and conclusions. Such an order shall be deemed a final order of the Secretary.
(b) The final order of the Secretary shall include, where necessary, directions regarding an appropriate refund or credit of the fee increase or newly established fee which is the subject of the complaint or request for determination.
(c) If the Secretary has not issued a final order within 120 days after the filing of a complaint by an air carrier or foreign air carrier, the decision of the administrative law judge shall be deemed to be the final order of the Secretary.
(a) This subpart sets forth the special rules applicable to proceedings for the establishment of mail rates by the Department for foreign air transportation and air transportation between points in Alaska, and certain contractual arrangements between the U.S. Postal Service and certificated air carriers for the carriage of mail in foreign air transportation entered into pursuant to 39 U.S.C. 5402(a), 84 Stat. 772.
(b) Such contracts must be for the transportation of at least 750 pounds of mail per flight, and no more than five (5) percent, based on weight, of the international mail transported under any such contract may consist of letter mail.
(a) Proceedings for the determination of rates of compensation for the transportation of mail may be commenced by the filing of a petition by an air carrier whose rate is to be fixed, or the U.S. Postal Service, or upon the issuance of an order by the DOT decisionmaker.
(b) The petition shall set forth the rate or rates sought to be established, a statement that they are believed to be fair and reasonable, the reasons supporting the request for a change in rates, and a detailed economic justification sufficient to establish the reasonableness of the rate or rates proposed.
(c) In any case where an air carrier is operating under a final mail rate uniformly applicable to an entire rate-making unit as established by the DOT decisionmaker, a petition must clearly and unequivocally challenge the rate for such entire rate-making unit and not only a part of such unit.
(d) All petitions, amended petitions, and documents relating thereto shall be served upon the U.S. Postal Service by sending a copy to the Assistant General Counsel, Transportation Division, Washington, DC 20260-1124, by registered or certified mail, postpaid, prior to the filing thereof with the Department. Proof of service on the U.S. Postal Service shall consist of a statement in the document that the person filing it has served a copy as required by this section.
(e) Answers to petitions shall be filed within twenty (20) days after service of the petition.
Whether the proceeding is commenced by the filing of a petition or upon the Department's own initiative, the DOT decisionmaker may issue an order directing the respondent to show cause why it should not adopt such findings and conclusions and such final rates as may be specified in the order to show cause, or may issue an order setting the matter for hearing before an administrative law judge.
(a) Where an order to show cause is issued, any person having objections to the rates specified in such order shall file with the DOT decisionmaker an answer within forty-five (45) days after the date of service of such order or within such other period as the order may specify.
(b) An answer to an order to show cause shall contain specific objections, and shall set forth the findings and conclusions, the rates, and the supporting exhibits that would be substituted for the corresponding items in the findings and conclusions of the show cause order, if such objections were found valid.
(c) An answer filed by a person who is neither a party nor a person ultimately permitted to intervene in an oral evidentiary hearing if such proceeding is established shall be treated as a memorandum filed under § 302.706.
(a) If no answer is filed within the designated time, or if a timely filed answer raises no material issue of fact, the DOT decisionmaker may, upon the basis of the record in the proceeding, enter a final order fixing the rate or rates.
(b) If an answer raising a material issue of fact is filed within the time designated in the Department's order, the DOT decisionmaker may then issue an order authorizing additional pleadings and/or establishing further procedural steps, including setting the matter for oral evidentiary hearing before an administrative law judge.
(a) If a hearing is ordered under § 302.705, the issues at such hearing shall be formulated in accordance with the instituting order, except that at a prehearing conference, the administrative law judge may permit the parties to raise such additional issues as he or she deems necessary to make a full determination of a fair and reasonable rate.
(b)(1) The parties to the proceeding shall be the air carrier or carriers for whom rates are to be fixed, the U.S. Postal Service, the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings and any other person whom the DOT decisionmaker or administrative law judge permits to intervene in accordance with § 302.20.
(2) In addition to participation in hearings in accordance with § 302.19, persons other than parties may, within the time fixed for filing an answer to an order to show cause as provided in § 302.704, submit a memorandum of opposition to, or in support of, the position taken in the petition or order. Such memorandum shall not be received as evidence in the proceeding.
(c) All direct evidence shall be in writing and shall be filed in exhibit form within the times specified by the DOT decisionmaker or by the administrative law judge.
(d) Except as modified by this subpart, the provisions of §§ 302.17 through 302.38 of this part shall apply.
At any time during the pendency of a proceeding for the determination of final mail rates, the DOT decisionmaker, upon his or her own initiative, or on petition by the air carrier whose rates are in issue or by the U.S. Postal Service, may fix temporary rates of compensation for the transportation of mail subject to downward or upward adjustment upon the determination of final mail rates.
(a) Conferences between DOT employees, representatives of air carriers, the U.S. Postal Service and other interested persons may be called by DOT employees for the purpose of considering and clarifying issues and factual material in pending proceedings for the establishment of rates for the transportation of mail.
(b) At the commencement of an informal mail rate conference pursuant to this section, the authorized DOT employees conducting such conference shall issue to each person present at such conference a written statement to the effect that such conference is being conducted pursuant to this section and stating the time of commencement of such conference; and at the termination of such conference the DOT employees conducting such conference shall note in writing on such statement the time of termination of such conference.
The mail rate conferences shall be limited to the discussion of, and possible agreement on, particular issues and related factual material in accordance with sound rate-making principles. The duties and powers of DOT employees in rate conferences essentially will not be different, therefore, from the duties and powers they have in the processing of rate cases not involving a rate conference. The employees' function in both instances is to present clearly to the DOT decisionmaker the issues and the related material facts, together with recommendations. The DOT decisionmaker will make an independent determination of the soundness of the employees's analyses and recommendations.
The persons entitled to be present in mail rate conferences will be the representatives of the carrier whose rates are in issue, the staff of the U.S. Postal Service, and the authorized DOT employees. No other person will attend unless the DOT employees deem his or her presence necessary in the interest of one or more purposes to be accomplished, and in such case his or her participation will be limited to such specific purposes. No person, however, shall have the duty to attend merely by reason of invitation by the authorized DOT employees.
(a) Nondisclosure of information.
(1) Shall, except for necessary disclosures in the course of employment in connection with conference business, hold the information obtained in conference in absolute confidence and trust;
(2) Shall not deal, directly or indirectly, for the account of himself or herself, his or her immediate family, members of his or her firm or company, or as a trustee, in securities of the air carrier involved in the rate conference except that under exceptional circumstances special permission may be obtained in advance from the DOT decisionmaker; and
(3) Shall adopt effective controls for the confidential handling of such information and shall instruct personnel under his or her supervision, who by reason of their employment come into possession of information obtained at the conference, that such information is confidential and must not be disclosed to anyone except to the extent absolutely necessary in the course of employment, and must not be misused. (The term “information”, as used in this section, shall refer only to information obtained at the conference regarding the future course of action or position of the Department or its employees with respect to the facts or issues discussed at the conference.)
(b) Signed statement required.
(c) Presumption of having conference information.
(d) Compliance report required.matters confidential, every participant, as defined in paragraph (e) of this section, shall file a verified compliance report with Department of Transportation Dockets stating that he or she has complied in every respect with the conditions of this section, or if he or she has not so complied, stating in detail in what respects he or she has failed to comply.
(e) Persons subject to the provisions of this section.
(1) Any representative of any air carrier and any representative of the U.S. Postal Service actually present at the conference;
(2) The directors and the officers of any air carrier that had a representative at the conference;
(3) The members of any firm of attorneys or consultants that had a representative at the conference; and
(4) The members of the U.S. Postal Service staff who come into possession of information obtained at the conference, knowing that such information is subject to the restrictions imposed in this section.
When an air carrier is requested to submit detailed estimates as to traffic, revenues and expenses by appropriate periods and the investment that will be required to perform the operations for a future period, full and adequate support shall be presented for all estimates, particularly where such estimates deviate materially from the air carrier's experience. With respect to the rate for a past period, essentially the same procedure shall be followed. Other information or data likewise may be requested by the DOT employees. All data submitted by the air carrier shall be certified by a responsible officer.
After a careful analysis of these data, the DOT employees will, in most cases, send the air carrier a statement of exceptions showing areas of differences. Where practicable, the air carrier may submit an answer to these exceptions. Conferences will then be scheduled to resolve the issues and facts in accordance with sound ratemaking principles.
The representatives of the U.S. Postal Service shall have access to all conference data and, insofar as practicable, shall be furnished copies of all pertinent data prepared by the DOT employees and the air carrier, and a reasonable time shall be allowed to review the facts and issues and to make any presentation deemed necessary; Provided,
No briefs, argument, or any formal steps will be entertained by the DOT decisionmaker after the rate conferences. The form, content and time of the staff's presentation to the DOT decisionmaker are entirely matters of internal procedure. Any party to the mail rate proceeding may, through an authorized DOT employee, request the opportunity to submit a written or oral statement to the DOT decisionmaker on any unresolved issue. The DOT decisionmaker will grant such requests whenever he or she deems such action desirable in the interest of further clarification and understanding of the issues. The granting of an opportunity for such further presentation shall not, however, impair the rights that any party might otherwise have under the Statute and this part.
No agreements or understandings reached in rate conferences as to facts or issues shall in any respect be binding on the Department or any participant. Any party to mail rate proceedings will have the same rights to file an answer and take other procedural steps as though no rate conference had been held. The fact, however, that a rate conference was held and certain agreements or understandings may have been reached on certain facts and issues renders it proper to provide that, upon the filing of an answer by any party to the rate proceeding, all issues going to the establishment of a rate shall be open, except insofar as limited in prehearing conference in accordance with § 302.22.
After the termination of a mail rate conference hereunder, the air carrier whose rates were in issue may petition the DOT decisionmaker for a release from the obligations imposed upon it and all other persons by § 302.711. The DOT decisionmaker will grant such petition only after a detailed and convincing showing is made in the petition and supporting exhibits and documents that there is no reasonable possibility that any of the abuses sought to be prevented will occur or that the Department's processes will in any way be prejudiced. There will be no hearing or oral argument on the petition and the DOT decisionmaker will grant or deny the request without being required to assign reasons therefor.
Any air carrier that is a party to a contract to which this subpart is applicable shall file three (3) copies of the contract in the Office of Aviation Analysis, X-50, Department of Transportation, Washington, DC 20590, not later than ninety (90) days before the effective date of the contract. A copy of such contract shall be served upon the persons specified in § 302.720 and the certificate of service shall specify the persons upon whom service has been made. One copy of each contract filed shall bear the certification of the secretary or other duly authorized officer of the filing air carrier to the effect that such copy is a true and complete copy of the original written instrument executed by the parties.
Each contract filed pursuant to this subpart shall be accompanied by economic data and such other information in support of the contract upon which the filing air carrier intends that the Department rely, including, in cases where pertinent, estimates of the annual volume of contract mail (weight and ton-miles) under the proposed contract, the nature of such mail (letter mail, parcel post, third class, etc.), together with a statement as to the extent to which this traffic is new or diverted from existing classes of air and surface mail services and the priority assigned to this class of mail.
A copy of each contract filed pursuant to § 302.718, and a copy of all material and data filed pursuant to § 302.719, shall be served upon each of the following persons:
(a) Each certificated and commuter (as defined in § 298.2 of this chapter) air carrier, other than the contracting carrier, that is actually providing scheduled mail services between any pair of points between which mail is to be transported pursuant to the contract; and
(b) The Assistant General Counsel, Transportation Division, U.S. Postal Service, Washington, DC 20260-1124.
Within fifteen (15) days of the filing of a contract, any interested person may file with the Office of Aviation Analysis, X-50, Department of Transportation, Washington, DC 20590, a complaint with respect to the contract setting forth the basis for such complaint and all pertinent information in support of same. A copy of the complaint shall be served upon the air carrier filing the contract and upon each of the persons served with such contract pursuant to § 302.720.
Answers to the complaint may be filed within ten (10) days of the filing of the complaint, with service being made as provided in § 302.720.
(a) In any case where a complaint is filed, the DOT decisionmaker shall issue an order dismissing the complaint, disapproving the contract, or taking such other action as may be appropriate. Any such order shall be issued not later than ten (10) days prior to the effective date of the contract.
(b) In cases where no complaint is filed, the DOT decisionmaker may issue a letter of notification to all persons upon whom the contract was served indicating that the Department does not intend to disapprove the contract.
(c) Unless the DOT decisionmaker disapproves the contract not later than ten (10) days prior to its effective date, the contract automatically becomes effective.
Except in the case of a Department determination to disapprove a contract, no petitions for reconsideration of any Department determination pursuant to this subpart shall be entertained.
Appendix A shows the subjects covered by part 302 and the section numbers used before and after the final rule revising part 302, published in the Federal Register
| Subject | Old rule | New rule |
|---|---|---|
| ADMINISTRATIVE LAW JUDGES: | ||
| Actions after hearings | § 302.27(b) | § 302.31(a) |
| Actions during prehearing conference | § 302.23(a) | § 302.22(b) |
| Arguments before | § 302.25 | § 302.29 |
| Briefs | § 302.26 | § 302.30 |
| Licensing cases | § 302.1752 | § 302.215 |
| Certification for decision | § 302.22(d) | § 302.31(b) |
| Definition | § 302.22(a) | § 302.2 |
| Delegation of authority | § 302.27(a) | § 307.17(a)(3) |
| Exceptions | § 302.27(a) | § 307.17(a)(3) |
| Interlocutory matters | § 302.27(a) | § 307.17(a)(3) |
| Disqualification | § 302.22(b) | § 302.17(b) |
| Exceptions | § 302.24(e) | § 302.24(i) |
| Licensing cases | § 302.1754 | § 302.217 |
| Hearings before | § 302.24 | § 302.23 |
| Initial decision (see Initial Decision) | ||
| Powers | § 302.22(c) | § 302.17(a) |
| Prehearing conference report | § 302.23(b) | § 302.22(c) |
| Recommended decision (see Recommended Decision) | ||
| Termination of authority | § 302.22(c) | § 307.17(a)(4) |
| ADMISSIONS: | ||
| Enforcement proceeding | § 302.212 | § 302.412 |
| Limitation on use | § 302.212 | § 302.412(c) |
| AIRPORT FEES: | ||
| Administrative law judge decision | § 302.615 | § 302.607 |
| Complaints by U.S. or foreign air carriers | § 302.603(a) | § 302.602(a) |
| Answers | § 302.607 | § 302.604 |
| Additional complaints | § 302.603(b) | § 302.602(b) |
| Contents | § 302.605 | § 302.603 |
| Format of exhibits and briefs | § 302.605(b) | § 302.603(b) |
| Service | § 302.605(c)(1) | § 302.603(c)(1) |
| Replies | § 302.609 | § 302.605 |
| Consolidation of proceedings | § 302.603(c) | § 302.602(c) |
| Dismissal | §§ 302.611(c), (d) | §§ 302.606(c), (d) |
| Final order | § 302.621 | § 302.610 |
| Timing | § 302.619 | § 302.609 |
| Instituting order | § 302.611(b) | § 302.606(b) |
| Petitions for discretionary review | § 302.617 | § 302.608 |
| Answers | § 302.617(c) | § 302.608(c) |
| Request for determination by airport owner/operator | § 302.603(a) | § 302.602(a) |
| Answers | § 302.607 | § 302.604 |
| Contents | § 302.605 | § 302.603 |
| Format of exhibits and briefs | § 302.605(b) | § 302.603(b) |
| Service | § 302.605(d)(1) | § 302.603(d)(1) |
| Replies | § 302.609 | § 302.605 |
| Review procedures | § 302.611 | § 302.606 |
| Significant dispute determination | § 302.611(b) | § 302.606(b) |
| AMENDMENTS OF DOCUMENTS (see Documents) | ||
| ANSWERS (see also Replies): | ||
| Airport fees | § 302.607 | § 302.604 |
| Certificate applications: | ||
| Initial fitness | § 302.1730(c) | § 302.204 |
| International route awards | ||
| Conforming applications | § 302.1720(d) | § 302.212(d) |
| Motions to modify scope | § 302.1720(e) | § 302.212(d) |
| New authority | § 302.1720(d) | § 302.212(b) |
| Complaints | ||
| Air mail contracts | § 302.1506 | § 302.722 |
| Airport fees | § 302.607 | § 302.604 |
| Enforcement matters | § 302.204(b) | § 302.405 |
| Suspension of tariffs | § 302.505 | § 302.506 |
| Consolidation of proceedings | § 302.12(c) | § 302.13(c) |
| Enforcement proceeding, notice instituting | § 302.207 | § 302.408 |
| Exemption applications | § 302.406 | § 302.307 |
| Foreign air carrier permit applications | § 302.1740(c) | § 302.204 |
| Generally | § 302.6 | § 302.6 |
| Mail rate proceedings show cause orders | § 302.305 | § 302.704 |
| Motions, generally | § 302.18(c) | § 302.11(c) |
| Motions to consolidate | § 302.12(c) | § 302.13(c) |
| Motions to dismiss and for summary judgment | § 302.212 | § 302.411 |
| Motions for modification/dissolution of enforcement proceedings | § 302.218 | § 302.419 |
| Petitions for discretionary review | § 302.28(b) | § 302.32(b) |
| Petitions for final mail rates | § 302.303 | § 302.702(e) |
| Petitions for intervention | § 302.15(c)(3) | § 302.20(c)(3) |
| Petitions for reconsideration | § 302.37a | § 302.14 |
| Requests for determination of airport fees | § 302.607 | § 302.607 |
| APPEALS: | ||
| Administrative Law Judge's ruling | § 302.18(f) | § 302.11(h) |
| Enforcement complaints | § 302.206(b) | § 302.406(c) |
| APPEARANCES: | ||
| Generally | § 302.11 | § 302.21 |
| Application for admission to practice unnecessary | § 302.11(a) | § 302.21(b) |
| Copy of transcript | § 302.11(c) | § 302.27(b) |
| Retention of counsel | § 302.11(b) | § 302.27(a) |
| Enforcement proceedings | § 302.214 | § 302.416 |
| APPLICATIONS: | ||
| Admission to practice unnecessary | § 302.11(a) | § 302.21(b) |
| Suspension from practicing before DOT | § 302.11(a) | § 302.21(c) |
| Amendment | § 302.5 | § 302.5 |
| Certificates for international route awards | §§ 302.1701-1713, 1720 | §§ 302.201-206 |
| Conforming applications | § 302.1720(c) | § 302.212(c) |
| Certificates involving initial fitness | §§ 302.1701-1713, 1730 | §§ 302.201-206 |
| Consolidation | § 302.12 | § 302.13 |
| Exemptions | §§ 302.401-405 | §§ 302.302-304 |
| Exemptions, emergency | §§ 302.410(b), (c) | § 302.311 |
| Foreign Air Carrier Permits | §§ 302.1701-1713, 1740 | §§ 302.201-206 |
| Licensing cases | §§ 302.1701-1790 | §§ 302.201-206 |
| ARGUMENT: | ||
| Before Administrative Law Judge | § 302.25 | § 302.29 |
| Oral (see Oral Arguments) | ||
| ATTENDANCE FEES AND MILEAGE | § 302.21 | § 302.27(c) |
| BRIEFS: | ||
| Accompanying motions or answers | § 302.18(d) | § 302.11(d) |
| Failure to restate objections | § 302.31(b) | § 302.35(b) |
| Filing time | § 302.31(a) | § 302.35(a) |
| Formal specifications | § 302.31(c) | § 302.35(c) |
| Incorporation by reference | § 302.31(b) | § 302.35(c)(2) |
| Licensing cases | §§ 302.302.1752, 1755 | §§ 302.215, 218 |
| To Administrative Law Judge | § 302.26 | § 302.30 |
| Licensing cases | § 302.1752 | § 302.215 |
| To DOT decisionmaker | § 302.31 | § 302.35 |
| Licensing cases | § 302.1755 | § 302.218 |
| CERTIFICATE CASES FOR U.S. AIR CARRIERS: | ||
| Application: | ||
| Answers to | §§ 302.1720(d) 1730(d) | § 302.204(a) |
| Contents of | § 302.1704 | § 302.202 |
| Incomplete | § 302.1713 | § 302.209 |
| Replies to answers | § 302.204(b) | |
| Service of | § 302.1705 | § 302.203 |
| Supporting evidence | § 302.1710 | §§ 302.202(a), 205 |
| Verification | § 302.1707 | § 302.206 |
| Continuing Fitness | § 302.1730 | § 302.211 |
| Non-hearing procedures | § 302.1712(a) | § 302.207 |
| Generally | §§ 302.1701-1790 | §§ 302.201-220 |
| Initial Fitness | § 302.1730 | § 302.211 |
| International Route Awards | § 302.1720 | § 302.212 |
| Oral evidentiary hearing proceedings | §§ 302.1751-1757 | §§ 302.214-220 |
| Petition for | § 302.1712(b) | § 302.208 |
| CERTIFICATION: | ||
| Documents | § 302.4(b) | § 302.4(b) |
| Record | §§ 302.22(d), 27, 29 | § 302.31(b) |
| CHARGES (see Rates, Fairs, and Charges; Airport Fees) | ||
| CITATION OF RULES | § 302.2 | § 302.1(c) |
| CIVIL PENALTIES | § 302.206(a) | §§ 302.407(d), (e) |
| COMPLAINANTS, JOINDER | § 302.13 | § 302.404(d) |
| COMPLAINTS: | ||
| Airport fees | §§ 302.603-605 | §§ 302.602-603 |
| Contracts for transportation of mail | §§ 302.1505-1507 | § 302.721 |
| Enforcement proceedings | §§ 302.200-204 | §§ 302.403-404 |
| Joinder | § 302.13 | § 302.404(d) |
| Rates, fares, and charges | §§ 302.501-508 | §§ 302.501-507 |
| Suspension of tariffs | §§ 302.505-508 | § 302.506 |
| COMPUTATION OF TIME (see also Time) | § 302.16 | § 302.8 |
| CONSOLIDATION OF PROCEEDINGS | § 302.12 | § 302.13 |
| Airport fees | § 302.603(c) | § 302.602(c) |
| Answer to motion for | § 302.12(c) | § 302.13(c) |
| Enforcement proceedings | § 302.210(a) | § 302.410 |
| Filing time | § 302.12(b) | § 302.13(b) |
| Initiation of | § 302.12(a) | § 302.13(a) |
| CONTINUING FITNESS CERTIFICATE CASES | § 302.1701-1713 | § 302.212 |
| CONTRACTS (see Mail Contracts) | ||
| DECISIONS: | ||
| Final | § 302.36 | §§ 302.38, 220 |
| Initial (see Administrative Law Judges) | ||
| Recommended (see Administrative Law Judges) | ||
| Tentative | § 302.29 | § 302.33 |
| Exceptions to | § 302.30 | § 302.34 |
| DEFINITIONS | NA | §§ 302.2, 402 |
| DELEGATION OF AUTHORITY | § 302.27 | §§ 302.17(a), 18(a) |
| DEPOSITIONS: | ||
| Application by party for | § 302.20(b) | § 302.26(b) |
| Criteria for order to issue | § 302.20(a) | § 302.26(a) |
| Evidential status | §§ 302.20(h) | § 302.26(h) |
| Objections to questions or evidence | § 302.2(d) | § 302.26(d) |
| Specifications | § 302.20(g) | § 302.26(g) |
| Subscription by witness | § 302.20(e) | § 302.26(e) |
| Written interrogatories | § 302.20(f) | § 302.26(f) |
| DISCRETIONARY REVIEW: | ||
| Initial and Recommended decisions | § 302.28 | § 302.32 |
| Answers in opposition or support | § 302.28(b) | § 302.32(b) |
| Formal requirements | § 302.28(a)(3) | §§ 302.32(a)(3), (4) |
| Grounds for | § 302.28(a)(2) | § 302.32(a)(2) |
| Orders declining review | § 302.28(c) | § 302.32(c) |
| Oral arguments | § 302.28(a)(5) | § 302.32(a)(5) |
| Petitions for | § 302.28(a)(1) | § 302.32(a)(1) |
| Review proceedings | § 302.28(d) | § 302.32(d) |
| DISSOLUTION OF ENFORCEMENT ACTION | § 302.218 | § 302.419 |
| DOCUMENTS: | ||
| Amendments | § 302.5 | § 302.5 |
| Leave of Department | § 302.5 | § 302.5(a) |
| Timing of | § 302.5 | § 302.5(b) |
| Answers (see Answers) | ||
| Briefs (see Briefs) | ||
| Dismissal | § 302.5 | § 302.3(d) |
| Electronic filing | NA | § 302.3(c) |
| Exhibits | §§ 302.24(g) | § 302.24(c) |
| Filing | § 302.3 | § 302.3 |
| Address | § 302.3(a) | § 302.3(a) |
| Date | § 302.3(a) | § 302.3(a) |
| Improper filing | § 302.4e | § 302.3(d) |
| Formal specifications | § 302.3(b) | § 302.3(b) |
| General requirements | § 302.4 | § 302.4 |
| Contents | § 302.4(a) | § 302.4(a)(2) |
| Designation of person to receive service | § 302.4(c) | § 302.4(a) |
| Subscription | § 302.4(b) | § 302.4(b) |
| Memoranda of opposition or support | § 302.6(c) | § 302.706(b)(2) |
| Number of copies | § 302.3(c) | § 302.3(c) |
| Objections to public disclosure | § 302.39(b) | § 302.12 |
| Official Notice of facts | § 302.24(n) | § 302.24(g) |
| Partial relevance of | § 302.24(I) | § 302.24(e) |
| Presented at oral argument | § 302.32(b) | § 302.36(b) |
| Receipt after hearing | § 302.24(k) | § 302.24(h) |
| Responsive | § 302.6 | § 302.6 |
| Retention | § 302.7 | § 302.3(f) |
| Service (see Service) | ||
| Table of contents/Index | § 302.3(d) | § 302.4(a)(3) |
| Unauthorized | § 302.4(f) | § 302.6(c) |
| DOT DECISIONMAKER: | ||
| Briefs to | § 302.31 | § 302.35 |
| Licensing cases | § 302.1755 | § 302.218 |
| Certification of record to | § 302.22(d) | § 302.31(b) |
| Definition | § 302.22a | §§ 302.2, 18 |
| Final decision | § 302.36 | § 302.38 |
| Licensing cases | § 302.1757 | § 302.220 |
| Oral argument | § 302.32 | § 302.36 |
| Licensing cases | § 302.1756 | § 302.219 |
| Petitions for reconsideration | § 302.37 | § 302.14 |
| Review of Administrative Law Judge decision | § 302.38 | § 302.32 |
| Tentative decision | § 302.29 | § 302.33 |
| Exceptions | § 302.30 | § 302.34 |
| ENFORCEMENT PROCEEDINGS: | ||
| Admissions as to facts and documents | § 302.212 | § 302.412 |
| Complaints: | ||
| Formal | § 302.201 | § 302.404 |
| Informal | § 302.200 | § 302.403 |
| Insufficiency of | § 302.203 | § 302.404(c) |
| Consolidation of proceedings | § 302.210a | § 302.410 |
| Evidence of previous violations | § 302.216 | § 302.413 |
| Generally | §§ 302.200-217 | §§ 302.401-420 |
| Hearings | § 302.213 | § 302.415 |
| Modification or dissolution of enforcement action | § 302.218 | § 302.419 |
| Motions to dismiss | § 302.212 | § 302.411 |
| Motions for summary judgment | § 302.212 | § 302.402 |
| Settlement proceedings | § 302.215 | § 302.417 |
| EVIDENCE: | ||
| Exhibits | §§ 302.24(g), (h) | §§ 302.24(c), (d) |
| Generally | § 302.24(c) | § 302.24(a) |
| Objections to | § 302.24(d) | § 302.24(b) |
| Offers of proof | § 302.24(f) | § 302.24(j) |
| Official notice of facts in certain documents | § 302.24(n) | § 302.24(g) |
| Partial relevance of | § 302.24(I) | § 302.24(e) |
| Previous violations | § 302.216 | § 302.413 |
| Records in other proceedings | § 302.24(j) | § 302.24(f) |
| EXAMINERS (see Administrative Law Judges) | ||
| EXCEPTIONS: | ||
| Administrative Law Judge's rulings | § 302.24(e) | § 302.24(i) |
| Initial decisions | § 302.30 | § 302.31(c) |
| Licensing cases | § 302.1754 | § 302.217 |
| Recommended decisions | § 302.30 | § 302.31(c) |
| Request for oral argument | § 302.32 | § 302.36 |
| Tentative decisions | § 302.30 | § 302.34 |
| Waiver | § 302.33 | § 302.37 |
| EXEMPTION PROCEEDINGS: | ||
| Application: | ||
| Answers to | § 302.406 | § 302.307 |
| Contents of | § 302.402 | § 302.303 |
| Filing of | § 302.401 | § 302.302 |
| Incomplete | § 302.405 | § 302.306 |
| Posting of | § 302.404 | § 302.305 |
| Service of | § 302.403 | § 302.304 |
| Reply to answer | § 302.407 | § 302.308 |
| Supporting evidence | § 302.402(c) | § 302.302(c) |
| DOT's initiative | § 302.409 | § 302.310 |
| Emergencies | § 302.410 | § 302.311 |
| Cabotage | § 302.402(d) | § 302.303(d) |
| Hearing request | § 302.408 | § 302.309 |
| EXHIBITS (see also Evidence): | ||
| Generally | § 302.24(g) | §§ 302.24(c), (d) |
| FARES (see Rates, Fares, and Charges) | ||
| FEE (see Airport Fees) | ||
| FINAL MAIL RATE PROCEEDINGS (see Mail Rate Proceedings) | ||
| FINAL ORDERS (see Orders) | ||
| FITNESS CASES (see Certificate Cases) | ||
| FOREIGN AIR CARRIER PERMIT CASES: | ||
| Application: | ||
| Answers to | § 302.1740(c) | § 302.204(a) |
| Contents of | § 302.1704 | § 302.202 |
| Incomplete | § 302.1713 | § 302.209 |
| Replies to answers | § 302.204(b) | |
| Service of | § 302.1705 | § 302.203 |
| Supporting evidence | § 302.1710 | §§ 302.202(a), 205 |
| Verification | § 302.1707 | § 302.206 |
| Non-hearing procedures | § 302.1712(a) | § 302.207 |
| Generally | §§ 302.1701-1713, 1740-1790 | §§ 302.201-220 |
| Oral evidentiary hearing proceedings | § 302.1751-1757 | §§ 302.214-220 |
| Petition for | § 302.1712(b) | § 302.208 |
| HEARINGS: | ||
| Airport fee dispute proceedings | § 302.611(b) | § 302.606(b) |
| Argument before Administrative Law Judge | § 302.25 | § 302.29 |
| Change in rates, fares, or charges | § 302.506 | § 302.706 |
| Consolidated (see Consolidation of Proceedings) | ||
| Documents of partial relevance | § 302.24(i) | § 302.24(e) |
| Enforcement proceedings | § 302.213 | § 302.415 |
| Evidence (see Evidence) | ||
| Expedition of | § 302.14(a) | § 302.11(e) |
| Generally | § 302.24 | § 302.23 |
| Intervention | § 302.15 | § 302.20 |
| Licensing cases | § 302.1751 | § 302.214 |
| Notice | § 302.24(b) | § 302.23 |
| Offers of proof | § 302.24(f) | § 302.24(j) |
| Official notice of facts in certain documents | § 302.24(n) | § 302.24(g) |
| Participation by non parties | § 302.14(b) | § 302.19 |
| Receipt of documents after hearing | § 302.24(k) | § 302.24(h) |
| Records in other proceedings | § 302.24(j) | § 302.24(f) |
| Request for, on application for exemption | § 302.408 | § 302.309 |
| Shortened procedure | § 302.35 | § 302.15 |
| Transcripts | §§ 302.24(l), (m) | § 302.28 |
| INITIAL DECISION: | ||
| Answer in support or opposition | § 302.28(b) | § 302.32(b) |
| Contents | § 302.27(b) | § 302.31(c) |
| Effect of | § 302.27(c) | § 302.31(d) |
| Licensing cases | § 302.1753 | § 302.216 |
| Exceptions to | § 302.1754 | § 302.217 |
| Oral arguments | § 302.28(a)(5) | § 302.32(a)(5) |
| Orders declining review | § 302.28(c) | § 302.32(c) |
| Petitions for discretionary review | § 302.28 | § 302.32 |
| Service | § 302.27(b) | § 302.31(c) |
| Scope | § 302.27(a) | § 302.31(a)(1) |
| INITIAL FITNESS CERTIFICATE CASES (see Certificate Cases) | ||
| INSTITUTING ORDERS (see Orders) | ||
| INTERROGATORIES (see Depositions) | ||
| INTERVENTION: | ||
| Generally | § 302.15 | § 302.20 |
| JOINDER OF COMPLAINTS OR COMPLAINANTS | § 302.13 | § 302.404(d) |
| JOINT PLEADINGS: | ||
| Enforcement cases | § 302.13 | § 302.404(d) |
| Licensing cases | § 302.1708 | § 302.204(c) |
| LAW JUDGE (see Administrative Law Judges) | ||
| LICENSING CASES (see Certificate Cases; Foreign Air Carrier Permit Cases | ||
| MAIL CONTRACTS: | ||
| Complaint against contract | §§ 302.1505-1507 | §§ 302.721-723 |
| Data supporting contract | § 302.1503 | § 302.719 |
| Explanation of contract | § 302.1503 | § 302.719 |
| Filing of contract | § 302.1502 | § 302.718 |
| Petition for reconsideration | § 302.1508 | § 302.724 |
| Service of contract | § 302.1504 | § 302.720 |
| MAIL RATE CONFERENCES: | ||
| Availability of data to Postal Service | § 302.317 | § 302.714 |
| Conditions upon participation | § 302.314 | § 302.711 |
| Compliance report | § 302.314(d) | § 302.711(d) |
| Non-disclosure of information | § 302.314(a) | § 302.711(a) |
| Signed statement required | § 302.314(b) | § 302.711(b) |
| DOT analysis of data for submission of answers | § 302.316 | § 302.713 |
| Effect of conference agreements | § 302.319 | § 302.716 |
| Information to be requested from carrier | § 302.315 | § 302.712 |
| Participants in conferences | § 302.313 | § 302.710 |
| Post conference procedure | § 302.318 | § 302.715 |
| Scope of conferences | § 302.312 | § 302.709 |
| Time of commencing and terminating conference | § 302.321 | § 302.708(b) |
| Waiver of participant conditions | § 302.320 | § 302.717 |
| MAIL RATE PROCEEDINGS: | ||
| Evidence | § 302.308 | § 302.706(c) |
| Further procedures | § 302.306, 307 | § 302.705 |
| Hearing | § 302.309 | § 302.706 |
| Institution of proceedings | § 302.302 | § 302.702 |
| Objections and answers to show cause order | § 302.305 | § 302.704 |
| Order to show cause | § 302.303 | § 302.703 |
| Parties and persons other than parties | § 302.301, 302 | § 302.706(b) |
| MILEAGE FEES | § 302.21 | § 302.27(c) |
| MODIFICATION OF ENFORCEMENT ACTION | § 302.218 | § 302.419 |
| MOTIONS (see also Petitions): | ||
| Answers to | § 302.18(c) | § 302.11(c) |
| Appeals from rulings of Administrative Law Judges | § 302.18(f) | § 302.11(h) |
| Briefs | § 302.18(d) | § 302.11(d) |
| Consolidation of proceedings | § 302.12 | § 302.13 |
| Enforcement cases | § 302.210a | § 302.410 |
| Continuances and extension of time | § 302.17 | § 302.9 |
| Disposition of | § 302.18(e) | § 302.11(g) |
| Effect of pendency | § 302.18(g) | § 302.11(f) |
| Expedition of case | § 302.14(a) | § 302.11(e) |
| For suspension of operating authority pendente lite | § 302.217 | § 302.418 |
| For modification or dissolution of orders | § 302.218 | § 302.419 |
| Form and contents | § 302.18(b) | § 302.11(b) |
| Generally | § 302.18 | § 302.11(a) |
| Oral arguments | § 302.18(d) | § 302.11(d) |
| Substitution of parties | § 302.10 | § 302.10(b) |
| To correct transcripts | § 302.24(m) | § 302.28(f) |
| To dismiss and for summary judgment | § 302.212 | § 302.411 |
| To dismiss formal complaint | § 302.204 | § 302.405(c) |
| To file unauthorized documents | § 302.4(f) | § 302.6(c) |
| To modify scope in Licensing cases | § 302.1720(c) | § 302.212(b) |
| To quash or modify subpoena | § 302.19(f) | § 302.25(f) |
| To whom motions addressed | § 302.18(a) | § 302.11(a) |
| To withhold information from public disclosure | §§ 302.39(b), (e), (f) | §§ 302.12(d), (e) |
| NON-HEARING PROCEDURES | § 302.35 | § 302.15 |
| Licensing cases | § 302.1712(a) | § 302.207 |
| OBJECTIONS (see also Answers): | ||
| To Public Disclosure of Information | § 302.39 | § 302.12 |
| OFFERS OF PROOF | § 302.24(f) | § 302.24(j) |
| OFFICIAL NOTICE | § 302.24(n) | § 302.24(g) |
| ORAL ARGUMENTS: | ||
| Before DOT decisionmakers | § 302.32 | § 302.36 |
| Request for leave | § 302.32(a) | § 302.36(a) |
| Rules on documentary evidence | § 302.32(b) | § 302.36(b) |
| Before Administrative Law Judges | § 302.25 | § 302.29 |
| Discretionary review | § 302.28(a)(5) | § 302.32(a)(5) |
| Licensing cases | § 302.1756 | § 302.219 |
| Waivers | § 302.33 | § 302.37 |
| ORAL EVIDENTIARY HEARINGS (see Hearings) | ||
| ORDERS: | ||
| Declining review of initial decisions | § 302.28(c) | § 302.32(c) |
| Dismissal: | ||
| Airport fee dispute proceedings | §§ 302.611(c), (d) | §§ 302.606(c), (d) |
| Enforcement complaints | § 302.205 | § 302.406 |
| Licensing cases | § 302.1750(a)(2) | § 302.210(a)(3) |
| Establishing further procedures (Licensing cases) | § 302.1750 | § 302.210 |
| Final | § 302.36 | § 302.38 |
| Airport fee dispute proceedings | § 302.621 | § 302.610 |
| Licensing cases | § 302.1750 | § 302.210 |
| Mail contracts | § 302.1507(a) | § 302.723(a) |
| Mail rate proceedings | § 302.306 | § 302.705 |
| Instituting oral evidentiary hearing: | ||
| Airport fee dispute proceedings | § 302.611(b) | § 302.606(b) |
| Licensing cases | § 302.1750(a)(1) | § 302.210(a)(4) |
| Mail rate proceedings | §§ 302.307, 309 | §§ 302.703, 705(b) |
| Instituting investigation of rates, fares, and charges | § 302.504 | § 302.505 |
| Show cause: | ||
| Licensing cases | § 302.1730(d) | § 302.210(a)(1) |
| Mail rate proceedings | § 302.304 | § 302.703 |
| PARTIES: | ||
| Appearances of | § 302.11 | § 302.21(a) |
| Defined | § 302.9 | § 302.2, 10(a) |
| Enforcement proceedings | § 302.210 | § 302.402 |
| Licensing cases | § 302.1709 | § 302.210(a)(4) |
| Mail rate proceedings | § 302.301 | § 302.706(b) |
| Participation by Air Carrier Associations | § 302.10(a) | § 302.10(c) |
| Persons other than parties | § 302.14 | § 302.19 |
| Substitution of | § 302.10 | § 302.10(b) |
| PETITIONS: | ||
| Determination of rates, fares, or charges | § 302.502(a) | § 302.502-503 |
| Discretionary review (see Discretionary Review) | ||
| Filing Time | § 302.37(a) | § 302.14(a) |
| Institution of mail rate proceedings | § 302.303 | § 302.302 |
| Intervention | § 302.15(c) | § 302.20 |
| Orders subject to reconsideration | § 302.37(a) | § 302.14(a) |
| Repetitive | § 302.37(c) | § 302.14(c) |
| Reconsideration | § 302.37 | § 302.14 |
| Rulemaking | § 302.38 | § 302.16 |
| PREHEARING CONFERENCE | § 302.23 | § 302.22 |
| Actions during | § 302.23(a) | § 302.22(b) |
| Enforcement proceeding | § 302.211 | § 302.414 |
| Purposed § 302.23(a) | § 302.23(a) | § 302.22(a) |
| Report of | § 302.23(b) | § 302.22(c) |
| Scope | § 302.23(a) | § 302.22(a) |
| PROCEEEDINGS: | ||
| Airport fee dispute proceedings | §§ 302.601-621 | §§ 302.601-610 |
| Consolidation of (see Consolidation) | ||
| Contemporaneous consideration (see Consolidation) | ||
| Enforcement | §§ 302.200-217 | § 302.401-420 |
| Exemption | §§ 302.400-410 | § 302.301-311 |
| Licensing cases | §§ 302.1701-1790 | § 302.201-220 |
| Mail rate | §§ 302.300-321 | § 302.701-717 |
| Rates, fares, and charges | §§ 302.500-508 | § 302.501-507 |
| PUBLIC DISCLOSURE OF INFORMATION: | ||
| Documents | § 302.39(b) | § 302.12(b) |
| Generally | § 302.39(a) | § 302.12(a) |
| Objection to by government | § 302.39(d) | § 302.12(f) |
| Oral testimony | § 302.39(c) | § 302.12(c) |
| RATES, FARES, AND CHARGES—PROCEEDINGS (see also Mail Rate Proceedings; Airport Fees): | ||
| Institution of | § 302.501 | § 302.502 |
| Order of investigation | § 302.504 | § 302.505 |
| Petition | § 302.501 | § 302.503 |
| Contents | § 302.502(a) | § 302.503(a) |
| Dismissed | §§ 302.503 | § 302.504 |
| Service | § 302.502(b) | § 302.503(b) |
| Suspension of tariffs | § 302.505 | § 302.506 |
| Answers | § 302.505 | § 302.506(e) |
| Complaints | § 302.505 | § 302.506 |
| Time for filing complaint | § 302.508 | § 302.507 |
| RECOMMENDED DECISIONS (see Decisions) | ||
| Answer in support or opposition | § 302.28(b) | § 302.32(b) |
| Contents | § 302.27(b) | § 302.31(c) |
| Effect of | § 302.27(c) | § 302.31(d) |
| Licensing cases | § 302.1753 | § 302.216 |
| Exceptions to | § 302.1754 | § 302.217 |
| Oral arguments | § 302.28(a)(5) | § 302.32(a)(5) |
| Orders declining review | § 302.28(c) | § 302.32(c) |
| Petitions for discretionary review | § 302.28 | § 302.32 |
| Service | § 302.27(b) | § 302.31(c) |
| Scope | § 302.27(a) | § 302.31(a)(2) |
| RECONSIDERATION, REHEARING, REARGUMENT (see Petitions for Reconsideration): | ||
| RECORD, CERTIFICATION | §§ 302.22(d), 27(a), 29(a) | § 302.31(b) |
| REPLIES: | ||
| Airport fee dispute proceedings | § 302.609 | § 302.605 |
| Exemption cases | § 302.407 | § 302.308 |
| Generally | § 302.6(b) | § 302.6(b) |
| Licensing cases | § 302.204(b) | |
| Motions | § 302.18(c) | § 302.11(c) |
| Enforcement proceedings | § 302.209 | § 302.408 |
| RESPONSIVE DOCUMENTS (see Answers; Replies): | ||
| REVIEW (see Discretionary Review): | ||
| ROUTE PROCEEDINGS (see also Certificate Cases): | ||
| International route awards | §§ 302.1701-1790 | § 302.201-220 |
| RULEMAKING PETITIONS | § 302.38 | § 302.16 |
| SERVICE: | ||
| Airport fee dispute proceedings | §§ 302.605(c)(1), (d)(1) | §§ 302.603(c)(1), (d)(1) |
| By the Department | § 302.8(a)(1) | § 302.7(a)(1) |
| Date of | § 302.8(f) | § 302.7(f) |
| Enforcement complaints | § 302.204(a) | § 302.404(e) |
| Exemption cases | § 302.403 | § 302.304 |
| Generally | § 302.8 | § 302.7 |
| Licensing cases | § 302.1705 | § 302.203 |
| Mail rate petitions | § 302.303(c) | § 302.702(d) |
| Persons eligible for service | § 302.8(c) | § 302.7(c), (g), (h) |
| Procedures | § 302.8(b) | § 302.7(b) |
| Proof of | § 302.8(e) | § 302.7(e) |
| Rates, fares, and charges complaints | § 302.502(b) | § 302.503(b) |
| Where to be made | § 302.8(d) | § 302.7(d) |
| SETTLEMENT OFFERS: | ||
| Enforcement proceedings | § 302.215 | § 302.417 |
| Public disclosure | § 302.215(d) | § 302.417(d) |
| SHORTENED PROCEDURE | § 302.35 | § 302.15 |
| SHOW CAUSE ORDERS (see Orders): | ||
| SUBPOENAS | § 302.19 | § 302.25 |
| SUSPENSION OF PRACTICE BEFORE DOT | § 302.11(a) | § 302.25(f) |
| TARIFFS: | ||
| Complaints requesting suspension | § 302.505 | § 302.506 |
| TEMPORARY RATE PROCEEDINGS | § 302.310 | § 302.707 |
| TENTATIVE DECISIONS (see Decisions): | ||
| TESTIMONY (see Witnesses): | ||
| TIME: | ||
| Computation of | § 302.16 | § 302.8 |
| Continuances of | § 302.17 | § 302.9 |
| Extensions of | § 302.17 | § 302.9 |
| Licensing cases | §§ 302.1706, 1711 | § 302.209 |
| TRANSCRIPTS OF HEARINGS | § 302.24(l) | § 302.28 |
| U.S. AIR CARRIER CERTIFICATION (see Certificate Cases): | ||
| VERIFICATION: | ||
| Licensing cases | § 302.1707 | § 302.206 |
| WAIVERS OF PROCEDURAL STEPS | § 302.33 | § 302.37 |
| WITNESSES: | ||
| Attendance fees and mileage | § 302.21 | § 302.27(c) |
| Cross-examination by nonparties | § 302.14(b) | § 302.19 |
| Depositions | § 302.20 | § 302.26 |
| Objections to public disclosure of testimony | § 302.39(c) | § 302.12(c) |
| Represented by counsel | § 302.11(a) | § 302.27(a) |
| Subpoenas | § 302.19 | § 302.25 |
| VIOLATIONS—EVIDENTIAL STATUS IN ENFORCEMENT PROCEEDINGS | § 302.216 | § 302.413 |
"Good judgement seeks balance and progress. Lack of it eventually finds imbalance and frustration."