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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 Board. 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 to the petition. Motions for extension of time to file à petition or answer, and for leave to file a petition or answer after the time for the filing thereof has expired, will not be granted by the Board except on a showing of unusual and exceptional circumstances, constituting good cause for movant's inability to meet the established procedural dates.

(b) Contents of petition. A petition for reconsideration, rehearing, or reargument shall state, briefly and specifcally, the matters of record alleged to have been erroneously decided, the ground relied upon, and the relief sought. I the petition is based, in whole or in part, on allegations as to the consequences which would result from the Board's order, the basis of such allegations shall be set forth. If the petition is based, in whole or in part, on new matter, such new matter shall be set forth, accompanied by a statement to the effect that petitioner, with due diligence, could not have known or discovered such new matter prior to the date the case was submitted for decision. Unless otherwise directed by the Board upon a showing of unusual or exceptional circumstances, petitions for reconsideration, Tehearing or reargument or answers thereto which exceed twenty-five (25) pages (including appendices) in length shall not be accepted for filing by the Docket Section.

(c) Successive petitions. A successive petition for rehearing, reargument, or reconsideration filed by the same party or parties, and upon substantially the same ground as a former petition which has been considered or denied by the Board, will not be entertained. 1302.38 Petitions for rulemaking.

(a) Scope. Any interested person nay petition the Board for the issuance,

amendment, modification, or repeal of any Economic Regulation. For purposes of this section, such proposed action will be termed rulemaking. However, the procedures set forth in this section shall not apply to recommendations for rulemaking submitted by other agencies of the Government.

(b) Form and contents. Petition for rule making shall conform to the requirements of $ $ 302.3 and 302.4; and no request for the issuance, amendment, modification, or repeal of a rule which does not conform to such requirements will be considered by the Board.

(c) Procedure. Petitions for rulemaking will be given a docket number, and will become matters of public record upon filing. No public hearing, oral argument, or other form of proceedings will be held directly on any such proceeding, but if the Board determines that the petition discloses sufficient reasons in support of the relief requested to justify the institution of public rulemaking procedures, an appropriate notice of proposed rulemaking will be issued. Thereafter, the procedures to be followed will be as set forth in section 4(b) of the Administrative Procedure Act. Where the Board determines that the petition does not disclose sufficient reasons to justify the institution of public rulemaking procedures, petitioner will be so notified together with the grounds for such denial. The provisions of this section shall not operate to prevent the Board, on its own motion, from acting on any matter disclosed in any petition.

(d) Prohibition of petitions for reconsideration of adopted rules. Unless the Board in adopting a rule expressly provides otherwise, the Board will not entertain petitions for reconsideration of an adopted rule. Nothing in this subsection shall be interpreted as precluding a petition for amendment, modification or repeal of an adopted rule prior to its effective date. (PR-70, 27 F.R. 12545, Dec. 19, 1962, as amended by PR-92, 29 F.R. 16972, Dec. 11, 1964) § 302.39 Objections to public disclosure

of information. (a) Information contained in paper to be filed. Any person who objects to the public disclosure of any information contained in any paper filed in any proceeding, or in any application, report, or

other document filed pursuant to the Testimony Given by (name of witness or provisions of the Federal Aviation Act deponent).” Within five (5) days after of 1958, as amended, or any rule, regula such testimony is given, the objecting tion, or order of the Board thereunder, person shall file a motion, except as hereshall segregate, or request the segrega inafter provided in paragraph (c) of this tion of, such information into a separate

section, in accordance with the procepaper and shall file it, or request that it dure outlined in paragraph (d) of this be filed, with the examiner or the person section, to withhold the information conducting the hearing or proceeding, as from public disclosure. Notwithstanding the case may be, or with the person with any other provision of this section, copies whom said application, report, or docu of the segregated portion of the tranment is required to be filed, separately script and of the motion need not be in a sealed envelope, bearing the caption served upon any other party unless so of the enclosed paper and the notation ordered by the Board. “Classified or Confidential Treatment

(c) Objection by Government departRequested Under $ 302.39.” At the time

ments or representative thereof. In the of filing such paper, or when the objec

case of objection to the public disclosure tion is made by a person not himself

of any information filed by or elicited filing the paper, application, report or

from any United States Government de

partment, or other document, within five (5) days

representative thereof, after the filing of such paper, the ob

under paragraph (a) or (b) of this jecting party shall file a motion to with

section, the department making such hold the information from public dis

objection shall be exempted from the

provisions of paragraphs (a), (b), and closure, in accordance with the procedure outlined in paragraph (d) of this section,

(d) of this section insofar as said paraor in accordance with the procedure out

graphs require the filing of a written lined in paragraph (c) of this section if

objection to such disclosure. However, objection is made by a Government de

any department, or person representing partment or a representative thereof.

said department, if it so desires, may file Notwithstanding any other provision of

a memorandum setting forth the reasons this section, copies of the filed paper and

on the basis of which it is claimed that of the motion need not be served upon

a public disclosure of the information

should not be made. If such a memoany other party unless so ordered by the Board.

randum is submitted, it shall be filed and

handled as is provided by this section (b) Information contained in oral testimony. Any person who objects to the

in the case of a motion to withhold public disclosure of any information

information from public disclosure. sought to be elicited from a witness or

(d) Form of motion to withhold indeponent on oral examination shall, be

formation from public disclosure. Subfore such information is disclosed, make

ject to the exception of paragraph (c) his objection known. Upon such objec

of this section, no information covered tion duly made, the witness or deponent

by paragraphs (a) and (b) of this secshall be compelled to disclose such in

tion need be withheld from public disformation only in the presence of the

closure unless written objection to such

disclosure is filed with the Board in acexaminer or the person before whom the

cordance with the following procedure: deposition is being taken, as the case

(1) The motion shall be headed with may be, the official stenographer and

the title and docket number of the prosuch attorneys for and lay representa

ceeding and shall be signed by the obtive of each party as the examiner or jecting person,

any duly authorized the person before whom the deposition officer or agent thereof, or by counsel is being taken, as the case may be, shall representing such person in the proceeddesignate, and after all present have ing. been sworn to secrecy. The transcript (2) The motion shall include (1) & of testimony containing such informa description of the information sought tion shall be segregated and filed in a to be withheld, sufficient for identificasealed envelope, bearing the title and tion of the same, and (ii) a full statedocket number of the proceeding, and ment of the reasons on the basis of the notation "Classified or Confidential which it is claimed that a public disTreatment Requested Under $302.39 closure of the information would ad

382

versely affect the interests of the object- Subpart B-Rules Applicable to Ecoing person and is not required in the

nomic Enforcement Proceedings interest of the public, or that the information is of a secret nature affecting the

& 302.200 Applicability of this subpart. national defense.

(a) In general. This subpart sets (3) Such motion shall be filed with the forth the special rules applicable to examiner or the person conducting the proceedings for enforcement of the ecohearing or proceeding, as the case may nomic regulatory provisions of the act, be, or with the person with whom said and rules, regulations, orders, limitaapplication, report, or document is re tions, conditions and requirements issued quired to be filed.

thereunder. For information as to other If such motion relates to contracts,

applicable rules, reference should also

be made to Subpart A of this part, to the agreements, understandings, or arrange

act and to the substantive rules, reguments filed pursuant to section 412 (a)

lations and orders of the Board. of the Federal Aviation Act of 1958, as

(b) Informal complaints. Informal amended, and Part 261 of this chapter,

complaints may be made in writing with or pursuant to Part 262 of this chapter,

respect to anything done or omitted to an executed original copy and two copies

be done by any person in contravention of such motion shall be filed.

of any provision of the act or any re(e) Motions referred to the Board.

quirement established pursuant thereto The order of the Board containing its

without compliance with this part. ruling upon each such motion will spec

Matters so presented may, if their nature ify the extent to which, and the condi

warrants, be handled by the Board by tions upon which, the information may

correspondence or conference with the be disclosed to the parties and to the

appropriate persons. Any matter not public, which order shall become effec

disposed of informally may be made the tive upon the date stated therein, unless,

subject of a formal proceeding pursuant within five (5) days after the date of the

to this subpart. The filing of an inentry of the Board's order with respect formal complaint shall not bar the subthereto, a petition is filed by the object sequent filing of a formal complaint. ing person requesting reconsideration by

§ 302.201 Formal complaints. the Board, or a written statement is filed indicating that the objecting person in

Any person may make a formal comgood faith intends to seek judicial review

plaint to the Board with respect to anyof the Board's order.

thing done or omitted to be done by any (f) Objections in proceeding before

person in contravention of any economic

regulatory provisions of the act, or any the Board. Notwithstanding any of the

rule, regulation, order, limitation condiprovisions of this section, whenever the

tion or other requirement established objection to disclosure of information

pursuant thereto. Every formal comshall have been made, in the first in plaint shall conform to the requirements stance, before the Board itself, the writ of $ 302.3, concerning the form and filing ten motion of objection contemplated of documents. The submission of a by paragraphs (a), (b), and (d) of this formal complaint by a person other than section shall not be necessary but may an enforcement attorney (hereinafter be submitted if the parties so desire or called a third party) shall not in itsell if the Board, in a particular case, shall

result in the institution of a formal eco50 direct.

nomic enforcement proceeding and a

hearing with respect to the complaint 3302.40 Saving clause.

unless and until the Director of the Repeal, revision or amendment of any

Bureau of Enforcement dockets a petiEconomic Regulation of the Board shall

tion for enforcement with respect to not affect any pending enforcement pro

such complaint, or a portion thereof, in

accordance with $ 302.206. A formal ceeding or any enforcement proceeding nitiated thereafter with respect to

complaint, whether filed by a third party

or an enforcement attorney, may be -Sauses arising or acts committed prior

amended at any time prior to the service 0 said repeal, revision or amendment,

of an answer to a complaint. ThereInless the act of repeal, revision or after, such amendment may be filed only imendment specifically so provides. upon the grant of a motion filed in

accordance with $ 302.18, except that of the Bureau of Enforcement for good permission to amend a third-party com cause shown. plaint after the filing of an answer but (c) A person complained against in before the docketing of a petition for en third-party complaint may offer to satforcement must be obtained from the isfy the complaint through submission Director of the Bureau of Enforcement. of facts, offer of settlement or proposal

of adjustment. Such offer shall be in 8 302.202 Subscription and verification.

writing and shall be served, within fifteen Every formal complaint, supplemental (15) days after service of the complaint, complaint, answer or other pleading filed upon the same persons and in the same in an economic enforcement proceeding manner as an answer. The submittal shall be signed by the party filing the of an offer to satisfy the complaint shall same, or by a duly authorized officer, not excuse the filing of an answer. agent or attorney of such party. In (d) Motions to dismiss a third-party addition, such documents shall be veri

complaint shall not be fileable prior to fied under oath by the person so signing. the docketing of a petition for enforceSuch verification shall set forth that the

ment with respect to such complaint or person verifying the document has read

a portion thereof. the same and knows the contents thereof and the attached exhibits, if any, and

$ 302.205 Procedure when no enforcethat the matters and things therein

ment proceeding is instituted. stated are true of his own knowledge, (a) Within a reasonable time after & except such matters therein stated on formal third-party complaint has been information and belief, and as to such processed, the Director of the Bureau of matters he believes them to be true. If Enforcement shall either institute an the subscription and verification, or enforcement proceeding in accordance either of them, be by anyone other than with $ 302.206 or shall advise the comthe party filing the same or an oficer or plainant in writing that no enforcement attorney of such party, the reason there proceeding will be instituted in whole or for must be stated and the power of at in part, with respect to his complaint, torney or other authority authorizing and the reasons therefor. such affiant to subscribe the document (b) The letter of the Director of the and make the verification must be filed Bureau of Enforcement shall conform to with the document.

the requirements of § 302.3 and shall be & 302.203 Insufficiency of formal com

deemed an order of the Board dismissing plaint.

the complaint unless review of such rul.

ing is requested by the complainant or In any case where the Director of the is initiated by the Board in accordance Bureau of Enforcement is of the opinion with the provisions of paragraph (c) of that a complaint does not suficiently set this section. forth the material required by any ap (c) Within twenty (20) days after plicable rule, regulation or order of the service of a letter from the Director of Board, or is otherwise insufficient, he the Bureau of Enforcement refusing to may advise the party filing the same of institute an enforcement proceeding with the deficiency and require that any addi respect to all or any part of a complaint, tional information be supplied by the complainant may fille a motion with amendment.

the Board to review such action. The $ 302.204 Third-party complaints.

proceedings on such motion shall be in

accordance with $ 302.18. Upon conclu(a) A third-party complaint, and any amendments thereto, submitted pursuant

sion of such proceedings, the Board shall to $ 302.201 shall be served by the person

enter an order either dismissing the comfiling such documents upon each party

plaint or directing such other action as complained of and upon the Director of

it deems appropriate. If a complainant the Bureau of Enforcement.

does not appeal, the Board may review, (b) Within fifteen (15) days after the

the action of the Director of the Bureau date of service of a third-party com

of Enforcement on its own initiative plaint, each persor. complained of shall within 15 days after the expiration date Alle an answer in conformance with and for appeal. subject to the requirements of g 302.207 (PR-70, 27 F.R. 12545, Dec, 19, 1962, 25(b). Extensions of time for filing an amended by PR-78, 28 F.R. 5293, May 29, answer may be granted by the Director 1963]

Allegations of fact not denied or con$ 302.206 Docketing of petition for en

troverted shall be deemed admitted. forcement.

Matters alleged as afirmative defenses Whenever in the opinion of the Direc shall be separately stated and numbered tor of the Bureau of Enforcement there and shall, in the absence of a reply, be are reasonable grounds to believe that deemed to be controverted. any provision of the act or any rule,

§ 302.208 Default. regulation, order, limitation, condition or other requirement established pursu

Failure of a respondent to file and ant thereto, has been or is being violated, serve an answer within the time and in that, in the case of third-party com

the manner prescribed by this part shall plaints, efforts to satisfy a complaint be deemed to authorize the Board, in its insofar as required by $ 302.204 have discretion, to find the facts alleged in failed, and that investigation of any or the petition to be true and to enter such all of the alleged violations is in the order as may be appropriate without public interest, the Director of the Bu

notice or hearing, or, in its discretion, to reau of Enforcement may institute an

proceed to take proof, without notice, of economic enforcement proceeding by

the allegations or charges set forth in docketing a petition for enforcement.

the complaint or order, provided that the The petition for enforcement shall in

Board or examiner may permit late corporate by reference a formal com

filings of an answer for good cause plaint submitted pursuant to § 302.201 or

shown. shall be accompanied by a complaint complying with § 302.3 which is verified § 302.209 Reply. by an enforcement attorney. The peti The Board (or the examiner) may, in tion for enforcement, and accompanying

its discretion, require or permit the filing complaint, if any, shall be formally

of a reply in appropriate cases, otherwise served upon the respondent and com

no reply shall be filed. plainant. The proceedings thus instituted shall be processed in regular

& 302.210 Parties. course in accordance with this part. The parties to an economic enforceHowever, nothing in this part shall be ment proceeding shall be the Board construed to limit the authority of the (represented by an enforcement atBoard to institute or conduct any in torney), the respondent, any person vestigation or inquiry within its juris whose formal complaint alleged violadiction in any other manner or according tions which were later Covered by the to any other procedures which it mav petition for enforcement, and any other deem necessary or proper.

person permitted to intervene pursuant $ 302.207 Answer.

to $ 302.15. (a) Within fifteen (15) days after the

§ 302.211 Prehearing conference. date of service of a petition for enforce Ordinarily the issues in an economic ment docketed pursuant to 302.206, the enforcement proceeding will be drawn by respondent shall file an answer to the the pleadings and no prehearing confercomplaint attached thereto or incorpo ence shall be held. However, such a conrated therein unless an answer has ference may be held where the Board or already been filed in accordance with the examiner believes that the fair and $ 302.204. Any requests for extension of expeditious disposition of the proceeding time for filing of answer to a complaint so requires. In the event a prehearing attached to or incorporated in a petition conference is to be held it shall be confor enforcement shall be filed with the ducted in accordance with $ 302.23. Board in accordance with $ 302.17. (b) All answers shall conform to the

$ 302.212 Admissions as to facts and

documents. requirements of $ 302.8 (a) (2) and shall fully and completely advise the parties At any time after answer has been and the Board as to the nature of the filed, any party may file with the Board defense and shall admit or deny specif and serve upon the opposing side a ically and in detail each allegation of written request for the admission of the - the complaint unless the person com

genuineness and authenticity of any plained of is without knowledge, in which relevant documents described in and

case, his answer shall so state and the exhibited with the request or for the adstatement shall operate as a denial. mission of the truth of any relevant mat

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