« AnteriorContinuar »
of his employment with the Board without first applying for and obtaining the consent of the Board for the use of such facts or information. (PR-75, 28 F.R. 2708, Mar. 20, 1963) $ 300.20 Violations.
(a) The Board may disqualify and deny temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found after hearing by the Board to have engaged in unethical or improper professional conduct. Violation of any of the foregoing principles shall be deemed to be such conduct.
(b) Where appropriate in the public interest, the Board may deny any application or other request of a party in a proceeding subject to this part where the Board finds that such party has, in connection with such proceeding, violated any provisions of this part or any provisions of Chapter 11 of Title 18 of the United States Code. (PR-10, 16 FR. 2932, Apr. 4, 1951; PR-43, 25 F.R. 12432, Dec. 6, 1960. Redesignated and amended by PR-75, 28 F.R. 2706, Mar. 20, 1963)
ter in which the United States is a party or has a direct and substantial interest and which was under his omcial responsibility at any time within 1 year preceding termination of such responsibility. The term "official responsibility” means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct Government action (18 U.S.C. 202(b) 207 (b)). (PR-115, 35 F.R. 18193, Nov. 28, 1970) $ 300.15 [Reserved] § 300.16 Waiver of 88 300.13 and
300.14. A former Board member or employee with outstanding scientific or technological qualifications, who is disqualified from acting in a representative capacity under the provisions of 88 300.13 or 300.14. may nevertheless participate in a proceeding in a scientific or technological field pursuant to the terms of a certificate issued in compliance with the proviso following 18 U.S.C. 207 (a) and (b), (PR-75, 28 F.R. 2708, Mar. 20, 1963) & 300.17 Disqualification of partners of
Board members and employees. No partner of a Board member or employee, including a special Board employee, shall act as agent or attorney for anyone other than the United States in any Board proceeding or matter in which such member or employee participates or has participated personally and substantially through decision approval, disapproval, recommendation, rendering advice, investigation, or otherwise, or which is the subject of his official responsibility. (18 U.S.C. 207(c).) (PR-75, 28 F.R. 2708, Mar. 20, 1963) § 300.18 [Reserved] & 300.19 Use of confidential informa
tion. No former Board member or employee, including a special Board employee, or any person associated with him, shall ever use or undertake to use in any Board proceeding or matter any confidential facts or information which came into the possession of such member or employee or to his attention by reason
PART 302-RULES OF PRACTICE IN
ECONOMIC PROCEEDINGS Sec. 302.1 Applicability and description of
part. 302.2 Reference to part and method of
citing rules. Subpart ARules of General Applicability 302.3 Filing of documents. 302.4 General requirements as to docu
ments. 302.5 Amendment of documents and dis
missal. 302.6 Responsive documents. 302.7 Retention of documents by the
Board. 302.8 Service of documents. 302.9 Parties. 302.10 Substitution of parties. 302.11 Appearances; rights of witnesses. 302.12 Consolidation of proceedings. 302.13 Joinder of complaints or com
plainarts. 802.14 Participation in hearing cases by
persons not parties. 302.15 Formal intervention in bearing
cases. 302.16 Computation of time. 302.17 Continuances and extensions of
time. 302.18 Motions. 802.19
Sec. 302.20 Depositions. 802.21 Attendance fees and mileage. 302.22 Examiners. 802.23 Prehearing conference. 802.24 Hearings. 802.25 Argument before the examiner. 802.26 Proposed indings and conclusions
before the examiner or the Board. 802.27 Delegation to examiners and action
by examiners after hearing. 802.28 Petitions for discretionary review
of initial decisions; review pro
ceedings. 802.29 Tentative decision of the Board. 802.30 Exceptions to recommended deci.
stons of examiners or tentative
decisions of the Board. 802.31 Briefs before the Board. 802.32 Oral argument before the Board. 802.33 Waiver of procedural steps after
hearing. 802.35 Shortened procedure. 802.36 Final decision of the Board. 802.37 Petitions for reconsideration. 802.38 Petitions for rule making. 802.39 Objections to public dlsclosure of
information, 802.40 Saving clause. Subpart B-Rules Applicable to Economic
Enforcement Proceedings 802.200 Applicability of this subpart. 802.201 Formal complaints. 302.202 Subscription and verification. 802.203 Insumciency of formal complaint. 802.204 Third-party complaints. 802.205 Procedure when no enforcement
proceeding is instituted. 802.206 Docketing of petition for enforco
ment. 302.207 Answer. 802.208 Default. 802.209 Reply. 802.210 Parties. 802.211 Prehearing conference. 302.212 Admissions as to facts and docu
ments. 302.218 Hearing. 302.214 Appearances by persons not parties. 302.215 Offers of settlement. 802.216 Evidence of previous violations. 302.217 Motions for immediate suspension
of operating authority pendente lite.
Sec. 302.305 Objections and answer to order to
show cause. 802.806 Effect of fallure to Ale notice or
answer. 802.307 Procedure after answer. 802.308 Evidence. PROCEDURE WHEN NO ORDER TO SHOW CAUSE IS
ISSUED 302.309 Hearing to be ordered.
TEMPORARY RATE PROCEEDINGS 302.810 Procedure for fixing temporary serp.
ice and subsidy ball rates. INFORMAL MAIL RATE CONFERENCE PROCEDURE 302.311 Invocation of procedure. 302.812 Scope of conferences. 302.313 Participants in conferences. 302.814 Conditions upon participation. 802.315 Information to be requested from
carrier. 802.316 Staff analysis of data for submission
of answers thereto. 802.317 Avallability of data to Post Once
Department. 802.818 Post-conference procedure. 302.319 Effect of conference agreements. 302.320 Walver of $$ 802.318 and 802.314. 302.321 Time of commencing and terminat
ing conference. Subpart D-Rules Applicable to Exemption
Proceedings 302.400 Applicability of this subpart. 302.401 Filing of application. 802.402 Contents of application. 302.408 Service of application. 302.404 Posting of application. 302.406 Dismissal of incomplete applica
tion. 802.406 Answers to applications for exemp
tions. 802.407 Reply. 302.408 Request for hearing. 302.409 Exemptions on the Board's initia
tive. 302.410 Emergency exemptions. Subpart & Rules Applicable to proceedings
With Respect to Ratas, Faros and Charges 802.500 Applicability of this subpart. 302.501 Institution of proceedings. 302.502 Contents of petition or complaint. 802.503 Dismissal of petition or complaint. 302.604 Order of investigation. 802.506 Complaints requesting suspension
of tariffs answers to such com
plaints. 302.506 Burden of going forward with the
evidence. 302.507 Requests to prevent forelga att
carrier tarifs from taking effect. 302.508 Computing time for filling com
Subpart Rules Applicable to Proceedings for
Leave To Conduct Charter Trips or Special
Services Sec. 802.600 Applicability of this subpart. 802.601 Petitions to conduct charter trips
or special services into areas pro
tected by $ 207.8 of this chapter. Subpart Rules Applicable to Adequacy of
Service Petitions 302.700 Applicability of this subpart. 302.701 Institution of proceedings. 802.702 Contents of petition. 302.703 Parties to the proceeding. 302.704 Action on petition or complaint. 302.705 Hearing. Subpart H-Rules Applicable to Compromiso of
Civil Penalties and Seizure of Aircraft 802.800 Applicability of this subpart. 302.801 Initial proposal to compromise. 302.802 Contents of notice of alleged viola
tion. 802.803 Answer to notice of alleged violation. 802.804 Contents and suscription of answer. 302.805 Action upon receipt of answer. 302.806 Contents of notice of willingness to
compromise. 302.807 Acceptance of an offer to compro
mise. 302.808 Seizure or aircraft. Subpart l Rules Applicable to Route Proceedings Under Sections 401 and 402 of the Act
GENERAL PROVISIONS 302.901 Applicability.
APPLICATIONS FOR ROUTE AUTHORITY 802.909 Renewal of fixed-term route au
thorizations granted by exemp
tion. 802.911 Dismissal of certain stale applica
tions Aled under section 401. INITIATION OF ROUTE PROCEEDINGS 802.915 Initiation of route proceedings by
CONDUCT OF ROUTE PROCEEDINGS 802.930 Evidence in route proceedings. Subpart 1-Rules Applicable to Proceedings
Involving Supplemental Air Carriers 802.1001 Applicability. 802.1002 Definition. IMMEDIATE SUSPENSION OF OPERATING
AUTHORITY 802.1011 Rules governing proceedings. 302.1012 Order of suspension. 802.1013 Answer of carrier, 802.1014 Motions. 802.1015 Additional suspension. 802.1016 Accelerated hearing. 802.1017 Final decision.
SPECIAL OPERATING AUTHORIZATIONS Sec. 802.1020 Application for special operating
authorization. 302.1021 Filing and service of application. 802.1022 Answer. 802.1023 Memoranda of interested persons. 802.1024 Oral argument. 302.1025 Issuance of special authorization. 302.1026 Issuance of special authorization
on the Board's initiative. 802.1027 Extension of authorization. Subpart K-Standardized Method for Costing
Proposed Changes in the Authorized Operations
of Local Service Carriers 302.1101 Applicability. 802.1102 Prescribed cost estimates. 302.1103 Total annual expense involved 10
proposed operation changes. 802.1104 Alrcraft operating expense. 802.1105 Servicing expense. 802.1106 Alrcraft depreciation expense. 802.1107 Return on investment and tax al.
lowance. 302.1108 Form of estimate. 802.1109 Compilation. Subpart 1-Procedure for the Processing of Un
docketed Section 412 Contracts and Agreo
ments 302.1201 Applicability. 302.1202 Public Ale. 302.1203 Notice to the public. 302.1204 General requirements. 302.1205 Service requirements. 302.1206 Filing of comments. 302.1207 Procedure for docketing. 302.1208 Stait action. 302.1209 Board action. Subpart M-Expedited Procedure for Modifying
or Removing Certain Limitations on Nonstop Operations Contained in Certificates of Public Convenience and Necessity of Local Service
Carriers 802.1801 Applicability. 302.1302 Subpart A governs. 302.1308 Fing of application and publica
tion of notice. 802.1304 Contents of application. 802.1805 Preliminary procedures; summary
dismissal of application; stay of
proceedings. 302.1306 Answers to application. 302.1307 Service of application and answer. 302.1308 Intervention. 302.1309 Motions to consolidate. 302.1310 Reply to answers. 302.1311 Procedures after filing of answers
and reply. 302.1312 Hearing. 302.1313 Briefs to the examiner.
1 Certain section 412 contracts and agreements are docketed immediately upon receipt by the Board, 6.8., IATA rate conferenco agreements and amendments thereto.
Sec. 302.1314 Examiner's initial decision. 302.1315 Subsequent procedures. Subpart N-Expedited Procedures for Modifying
or Removing Nonstop and long-Haul Restrictions Contained in Certificates of Public Con
venience and Necessity of Trunkline Air Carriers 302.1401 Applicability. 302.1402 Subpart A governs. 302.1403 Filing of application. 302.1404 Contents of application. 302.1405 Preliminary procedures; summary
dimissal of application. 302.1406 Answers to application. 302.1407 Service of application and answer. 302.1408 Intervention. 302.1409 Motions to consolidate. 302.1410 Reply to answers. 320.1411 Procedures after filing of answers
and reply. 302.1412 Hearing. 302.1413 Briefs to the examiner, 302.1414 Examiner's initial decision. 302.1415 Subsequent procedures.
AUTHORITY: The provisions of this Part 802 issued under secs. 101, 204, 401, 403, 406, 416, 1001, 1002 of the Federal Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 758, 763, 771, 788; 49 U.S.C. 1301, 1324, 1371, 1373, 1376, 1386, 1481, 1482. Also, 80 Stat. 383 384, 385, 386, 387, 388, 81 Stat. 54; 5 U.S.C. 552, 553, 554, 555, 556, 557, 558; and Reorganization Plan No. 3 of 1961, 75 Stat. 837, 26 F.R. 5989.
SOURCE: The provisions of this Part 302 contained in PR-112. 35 F.R. 9824, June 16, 1970, unless otherwise noted. & 302.1 Applicability and description of
pan. (a) Applicability. This part governs the conduct of all economic proceedings before the Board whether instituted by order of the Board or by the filing with the Board of an application, complaint, petition, or a section 412 contract or agreement. This part also contains the Board's delegation to hearing examiners pursuant to Reorganization Plan No. 3 of 1961 of the Board's function to render the agency decision in certain cases, subject to discretionary review by the Board. The provisions of Part 263 of this chapter of the Economic Regulations are applicable to participation of air carrier associations in proceedings under this part. Proceedings involving "Alaskan air carriers” are governed by the rules in this part, except as modified by Part 292 of this chapter.
(b) Description. Subpart A of this part sets forth general rules applicable to all types of proceedings. Each of the other subparts of this part sets
forth special rules applicable to the type of proceedings described in the title of the subpart. Therefore, for information as to applicable rules, reference should be made to Subpart A and to the rules in the subpart relating to the particular type of proceeding, if any. In addition, reference should be made to the Federal Aviation Act, the Board's Principles of Practice (Part 300 of this subchapter), and to the substantive rules, regulations and orders of the Board relating to the proceeding. Wherever there is any conflict between one of the general rules in Subpart A and a special rule in another subpart applicable to a particular type of proceeding, the special rule will govern, & 302.2 Reference to part and method
of citing rules. This part shall be referred to as the "Rules of Practice”. Each section, and any paragraph or subparagraph thereof, shall be referred to as a "Rule". The number of each rule shall include only the numbers and letters at the right of the decimal point. For example, “302.8 Service of documents”, shall be referred to as “Rule 8". Subparagraph (2) of paragraph (a) of that rule, relating to service of documents by the parties, shall be referred to as "Rule 8(a) (2)". Subpart A-Rules of General
Applicability & 302.3 Filing of documents.
(a) Filing address, date of filing, hours. Documents required by any section of this part to be filed with the Board shall be filed with the Docket Section of the Civil Aeronautics Board, Washington, D.C. 20428. Such documents shall be deemed to be filed on the date on which they are actually received by the Board. The hours of the Board are from 8:30 a.m. to 5:00 p.m., eastern standard or daylight saving time, whichever is in effect in the District of Columbia at the time, Monday to Friday, inclusive, except on legal holidays for the Board.
(b) Formal specifications of documents-(1) Typewritten documents. All typewritten documents, except briefs
before the Board, filed under this part shall be on strong, durable paper not larger than 812 by 14 inches, except that tables, charts and other documents may be larger if folded to the size of the document to which they are physically attached. Typewritten briefs before the Board shall be on paper not larger than 842 by 11 inches except that tables, charts, and maps physically attached to the brief may be on paper not larger than 892 by 14 inches and folded to the size of the brief. Requirements as to contents ard style of briefs are contained in $ 302.31. Text shall be double-spaced, except for footnotes and long quotations which may be single-spaced. Type not smaller than elite shall be used. The left margin shall be at least 112 inches; all other margins shall be at least 1 inch. If the document is bound, it shall be bound on the left side.
(2) Printed documents. Printed (typeset) documents that are limited as to number of pages under these rules shall be on paper not larger than 6%8 inches by 91/4 inches, with all margins of at least 1 inch. The text, footnotes, and all physical attachments to any printed document shall be printed in clear and readable type, not smaller than 11 point, adequately leaded.
(3) Reproduction of documents. Papers may be reproduced by any duplicating process, provided all copies are clear and legible. Appropriate notes or other indications shall 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. Unless otherwise specified, an executed original and nineteen (19) true copies of each document required or permitted to be filed under these rules shall be filed with the Docket Section. The copies need not be signed but the name of the person signing the document, as distinguished from the firm or organization he represents, shall also be typed or printed on all copies below the space provided for signature.
(d) Table of contents. All documents Aled under this part consisting of twenty or more pages must contain a subjectindex of the matter in such document, with page references. $ 302.4 General requirements as to doc
uments. (a) Contents. In case there is no rule, regulation, or order of the Board which
prescribes the contents of a formal application, petition, complaint, motion or other authorized or required document, such document shall contain a proper identification of the parties concerned, and a concise but complete statement of the facts relied upon and the relief sought.
(b) Subscription. Every application, petition, complaint, motion or other authorized or required document shall be signed by the party filling the same, or by a duly authorized officer or the attorney-at-law of record of such party. or by any other person; Provided, That, if signed by such other person, the reason therefor must be stated and the power of attorney or other authority authorizing such other person to subscribe the document must be filed with the document. The signature of the person signing the document constitutes a certification that he has read the document; that to the best of his knowledge, information and belief every statement contained in the instrument is true and no such statements are misleading; and that it is not interposed for delay.
(c) Designation of person to receive service. The initial document filed by any person shall state on the first page thereof the name and post office address of the person or persons who may be served with any documents filed in the proceeding.
(d) Prohibition of certain documents. No document which is subject to the general requirements of this subpart concerning form, filing, subscription, service or similar matters shall be filed with the Board or an examiner unless:
(1) Such document and its filing by the person submitting it has been expressly authorized or required in the Federal Aviation Act of 1958, any other law, this part, other Board regulations, or any order or other document issued by the Board, the chief examiner or an examiner assigned to the proceeding, and
(2) Such document complies with each of the requirements of $$ 302.3 and 302.8, 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, That for good cause shown, pleadings of any public body or civic organization may be submitted in the form of a letter: Provided further, That comments concerning section 412