Sec. 302.502 Contents of petition or complaint. 302.503 Dismissal of petition or complaint. 302.504 Order of investigation. 302.505 Complaints requesting suspension of tariffs-answers to such complaints. 302.506 Burden of going forward with the evidence. 302.507 Requests to prevent foreign air carrier tariffs from taking effect. 302.508 Computing time for filing complaints. Subpart F-Rules Applicable to Proceedings for Leave To Conduct Charter Trips or Special Services 302.600 Applicability of this subpart. 302.601 Petitions to conduct charter trips or special services into areas protected by § 207.8 of this chapter. Subpart G-Rules Applicable to Adequacy of Service Petitions 302.700 Applicability of this subpart. Institution of proceedings. 302.309 Hearing to be ordered. TEMPORARY RATE PROCEEDINGS 302.701 302.310 Procedure for fixing temporary service and subsidy mail rates. 302.702 302.703 302.704 302.705 Contents of petition. Parties to the proceeding. Action on petition or complaint. Subpart H-Rules Applicable to Compromise of 302.800 Applicability of this subpart. 302.801 Initial proposal to compromise. 302.802 Contents of notice of alleged violation. 302.319 302.320 302.321 Time of commencing and terminating conference. Subpart D-Rules Applicable to Exemption Contents of notice of willingness to compromise. 302.807 Acceptance of an offer to compro mise. 302.808 Seizure of aircraft. Subpart -Rules Applicable to Route Proceedings Under Sections 401 and 402 of the Act GENERAL PROVISIONS 302.901 Applicability. 302.405 APPLICATIONS FOR ROUTE AUTHORITY 302.909 302.407 Reply. Renewal of fixed-term route authorizations granted by exemption. 302.408 302.911 302.409 Dismissal of certain stale applications filed under section 401. Request for hearing. Exemptions on the Board's initiative. 302.410 Emergency exemptions. Subpart E-Rules Applicable to Proceedings With Respect to Rates, Fares and Charges 302.500 Applicability of this subpart. 302.501 Institution of proceedings. INITIATION OF ROUTE PROCEEDINGS 302.915 Initiation of route proceedings by Board order. CONDUCT OF ROUTE PROCEEDINGS 302.930 Evidence in route proceedings. Examiner's initial decision. Subsequent procedures. Subpart O-Procedure for Processing Contracts for Transportation of Mail By Air 302.1501 Applicability. 302.1502 Filing. 302.1503 Explanation and data supporting the contract. 302.1504 Service. 302.1505 Complaints. 302.1506 Answers to complaints. 302.1507 Further procedures. 302.1508 Petitions for reconsideration. AUTHORITY: The provisions of this Part 302, 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, 888, 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 FR. 9824, June 16, 1970, unless otherwise noted. § 302.1 Applicability and description of part. (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 a 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 confict 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. 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 § 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 81⁄2 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 82 by 11 inches except that tables, charts, and maps physicially attached to the brief may be on paper not larger than 82 by 14 inches and folded to the size of the brief. Requirements as to contents and 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 11⁄2 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% inches by 94 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 filed under this part consisting of twenty or more pages must contain a subjectindex of the matter in such document, with page references. (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 filing 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 agreements, which have not been docketed, may be submitted in the form of a letter.3 (e) Documents improperly filed. A document which is filed in violation of the prohibition imposed by paragraph (d) of this section, or in violation of a requirement imposed by any other provision of this part, will not be accepted for filing by the Board and will not be physically incorporated in the docket of the proceeding. The sender of such document and all persons who have been served therewith will be notified informally of the Board's action thereon. (f) Motions for leave to file otherwise unauthorized documents. (1) The Board will accept otherwise unauthorized documents for filing only if leave has previously been obtained, from the examiner or the Board, on written motion and for good cause shown. (2) After the assignment of an examiner to a proceeding and before the issuance of a recommended or initial decision, or the certification of the record to the Board, these motions shall be addressed to the examiner. At all other times, such motions shall be addressed to the Board. The examiner or the Board will promptly pass upon such motions. 3 See Subpart L, § 302.1206 providing for the filing of comments with respect to undocketed section 412 agreements. If any document initiating, or filed in, a proceeding is not in substantial conformity with the applicable rules or regulations of the Board as to the contents thereof, or is otherwise insufficient but not subject to rejection under § 302.4(e), the Board, on its own initiative, or on motion of any party, may strike or dismiss such document, or require its amendent. An application may be amended prior to the filing of answers thereto, or, if no answer is filed, prior to its designation for hearing. Thereafter, applications may be amended only if leave is granted by the Board or an examiner pursuant to the procedures set forth in § 302.18. If properly amended, a document 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. § 302.6 Responsive documents. (a) Answers to applications, complaints, petitions, motions or other documents or orders instituting proceedings may be filed by any party to such proceedings or any person who has a petition for intervention pending. Except as otherwise provided, answers are not required. Protests or memoranda of opposition or support, permitted by statute, shall be filed in lieu of answers or shall be combined with answers. NOTE: The Board does not grant formal intervention in nonhearing matters, such as applications for exemption or temporary suspension of service under section 416(b) or 401(j) of the Act, and any interested person may file documents authorized under this part without first obtaining leave. (b) Further responsive documents: Except as otherwise provided, no reply to an answer, reply to a reply, or any further responsive document shall be filed. Where a reply to an answer or any further responsive document is not fileable, all new matter contained in such answer shall be deemed controverted. A party to a proceeding whose application has been the subject of a protest or memorandum of opposition or support, permitted by statute, may respond thereto before the close of the hearing in the case to which such documents relate, orally, in writing, or by introducing evidence, subject to appropriate rulings by the examiner. Once such response has been made, such party may also discuss the protest or memorandum in his brief to the examiner or the Board or in his oral argument. (c) Time for filing: Except as otherwise provided, and answer or any further responsive document shall be filed within seven days after service of the document to which such responsive filing is directed. Protests or memoranda of opposition or support, permitted by statute, shall be filed before the close of the hearing in the case to which they relate. § 302.7 Retention of documents by the Board. All documents filed with or presented to the Board may be retained in the files of the Board. However, the Board may permit the withdrawal of original documents upon the submission of properly authenticated copies to replace such documents. § 302.8 Service of documents. (a) Who makes service—(1) The Board. Formal complaints, notices, orders to show cause, other orders, and similar documents issued by the Board will be served by the Board upon all parties to the proceeding. (2) The parties. Answers, petitions, motions, briefs, exceptions, notices, protests or memoranda, or any other documents filed by any party or other person with the Board or an examiner shall be served upon all parties to the proceeding in which it is filed; Provided, That motions to expedite filed in any proceeding conducted pursuant to sections 401 and 402 of the Act, shall, in addition, be served on all persons who have petitioned for intervention in, or consolidation of applications with, such proceeding. Proof of service shall accompany all documents when they are tendered for filing. |