(d) Approve or disapprove applications requesting relief from requirements of Board orders that carriers file data relating to experience under new rates and fares.

(e) Approve or disapprove applications for permission to furnish free or reduced-rate interstate air transportation to travel agents.

(Sec. 406, 72 Stat. 763; 49 U.S.C. 1376) [OR1, 26 F.R. 12244, Dec. 22, 1961, as amended by OR-7, 28 F.R. 4811, May 15, 1963; OR-10, 29 F.R. 8209, June 30, 1964; OR-15, 30 F.R. 14973, Dec. 13, 1965]

§ 385.15 Delegation to the Chief, Tariffs Section, Rates Division, Bureau of Economics.

The Board hereby delegates to the Chief, Tariffs Section, Rates Division, Bureau of Economics, the authority to:

(a) Reject any tariff, supplement, or revised page which is filed by any United States air carrier or by any foreign air carrier, and which is subject to rejection because it is not consistent with section 403 of the Act or with Part 221 of the Board's Economic Regulations (14 CFR Part 221). Where a tariff, supplement or loose-leaf page is filed on more than sixty days' notice and is not rejected within the first thirty days commencing with and counting the filing date, it shall not be rejected after such thirty-day period under this delegated authority unless the issuing carrier or agent is given an opportunity to remove the cause for rejection by the effective date, upon Special Tariff Permission if necessary, and fails to take such corrective action.

(b) Approve or disapprove any application for permission to make tariff changes upon less than statutory notice, filed pursuant to § 221.190 of this chapter (Economic Regulations).

(c) Approve or disapprove applications made pursuant to Subpart Q of Part 221 of this chapter (Economic

Regulations) for waiver of the provisions of Part 221 of this chapter.

(d) Permit cancellation of a tariff in instances when an investigation of a tariff is pending, or the tariff is under suspension, or when a complaint request ing investigation or suspension of a tariff has been filed.

(e) In instances when an investigation of a tariff is pending, or the tariff is under suspension, or where a complaint requesting investigation or suspension of a tariff has been filed, dismiss the investigation or complaint, or terminate the suspension, provided the tariff to which such investigation, complaint or suspension relates has been canceled, ordered canceled, modified so as to remove the grounds for the investigation or complaint, or has expired.

(f) Institute an investigation of, or institute an investigation and suspend the effectiveness of, a tariff or change in a tariff which:

(1) Is substantially similar to a prior tariff under investigation or suspension; and

(2) Is filed by or on behalf of one or more of the carriers party to the prior tariff; and

(3) Is filed within 90 days after the expiration, modification or cancellation of the prior tariff, or within 90 days after the effective date of an order requiring its cancellation or modification.

(g) Extend the period of suspension of a tariff under suspension when the proceedings concerning the lawfulness of such tariff cannot be concluded before the expiration of the existing suspension period, provided that the aggregate of such extensions may not be for a longer period than permitted under section 1002(g) of the Act.

(h) Approve or disapprove applications filed under section 403(b) of the Act and § 223.8 of this chapter (Economic Regulations) for permission to furnish free or reduced rate air transportation in overseas or foreign air transportation.

(i) Grant or deny to a certificated all-cargo air carrier an exemption, pursuant to section 416(b)(1), from the provisions of sections 401 and 403(b) insofar as said sections would prevent such carrier from providing transportation to persons between points in its certificate on regularly scheduled cargo flights for the purpose of collecting data for preparation of feature news, pictorial, or like articles provided that:

(1) The transportation is limited to he writer, journalist or photographer ngaged in the preparation of data for se in feature news, pictorial, or like rticles which are to appear in newsapers or trade magazines and which ill publicize the regularly scheduled argo operations of the carrier;

(2) The exemption shall be granted nly upon the condition that the allargo air carrier shall collect from each erson transported not less than the west fare in effect by carriers authored to transport persons in regularly cheduled passenger service between the oints involved.

(j) Grant or deny to a carrier an exmption and/or one extension thereof, ursuant to section 416(b) (1), from the rovisions of section 403(b) insofar as ie latter section would prevent the carer from providing free transportation or the purposes of engaging in technical 1-flight observations necessary or derable for meteorological purposes or in ther cases substantially similar to cases reviously acted upon by the Board; rovided that:

(1) The free transportation is limited › technical personnel regularly engaged i duties directly related to the purposes or which the free transportation is auorized and is provided only when they re engaged in the specific technical -flight activity and does not include her transportation;

(2) The exemption or the subsequent ngle extension thereof shall be for a eriod not to exceed six months; and (3) The exemption shall be granted ly upon the condition that the carrier le with the Board, within ten days after e close of each month, during which ne exemption is in force, the name of ach person provided free transportation hereunder, his company affiliation and e dates, flights and points between hich such free transportation was rovided.

(a) Waive any of the accounting, reporting and record-retention requirements as warranted, to meet temporary or local conditions.

(b) Grant or deny, with the concurrence of the Director, Bureau of Safety, applications for authorization to dispose of records and reports incident to aircraft accidents retained pursuant to the requirements of Category 402 of the Schedule of Records in § 249.13 (f) of this chapter (Economic Regulations).

(c) Interpret the Board's accounting, reporting, and record-retention requirements.

(d) Establish detailed standard accounting, reporting and record-retention practices required to achieve conformance with regulations promulgated by the Board.

(e) Grant or deny with the concurrence of the General Counsel, the Director, Bureau of Economics, and the Director, Bureau of Operating Rights, requests for confidential treatment of preliminary year-end financial reports.

(f) Grant or deny requests by air carriers for substitution of their own forms or adaptation of Board forms to meet special needs where Board approval of such forms is required by the Economic Regulations.

(g) Establish classification of aircraft types for reporting financial data and traffic capacity statistics.

(h) Prescribe, in specific instances, different passenger weight standards to approximate variations in actual experience, for reporting passenger ton-miles and available ton-miles.

[OR-1, 26 F.R. 12245, Dec. 22, 1961, as amended by OR-2, 27 F.R. 7760, Aug. 7, 1962, OR-6, 28 F.R. 4553, May 7, 1963; OR-15, 30 F.R. 14973, Dec. 3, 1965]

§ 385.19 Delegation to the Chief, Regulations and Reports Division, Bureau of Accounts and Statistics. The Board hereby delegates to the Chief, Regulations and Reports Division, Bureau of Accounts and Statistics, the authority to take any or all of the following actions in administering the accounting report or record-retention regulation of Part 249 of this chapter (Economic Regulations):

(a) Extend, with the concurrence of the Director, Bureau of Enforcement, the time period for the preservation of records relating to errors, oversales, irregularities and delays in handling of passengers § 249.13 (f) of this chapter

(Category No. 303(a) of the Schedule of Records to Part 249 of the Economic Regulations).

[OR-1, 26 F.R. 12245, Dec. 22, 1961, as amended by OR-15, 30 F.R. 14973, Dec. 3, 1965]

§ 385.20 Delegation to the General Counsel.

The Board hereby delegates to the General Counsel the authority to:

(a) Issue proposed or final regulations for the purpose of making editorial changes or corrections in the Board's rules and regulations, with the concurrence of the bureaus or staff offices primarily responsible for the parts or sections involved; Provided, That any final regulation so issued shall have an effective date not less than 20 days after its date of publication in the FEDERAL REGISTER, and shall include a brief reference to the review procedures established in Subpart C of this part.

(b) Where a petition for review is duly filed, reverse any rule making action taken by him pursuant to paragraph (a) of this section by withdrawing a proposed or final regulation issued thereunder, in which case the petition for review will not be submitted to the Board. (Such a withdrawal is not subject to the review procedures of Subpart C of this part.)

(c) Issue, upon request therefor, interpretations of facts bearing upon disqualification of former Board members and employees under § 300.13 or § 300.14 of this chapter (procedural regulations), and to grant or deny requests for leave to represent anyone in a Board proceeding or matter under § 300.15 of this chapter.

[OR-13, 30 F.R. 10843, Aug. 20, 1965]

§ 385.21 Delegation to Associate General Counsel, Rules and Rates Division.

The Board hereby delegates to the Associate General Counsel, Rules and Rates Division, the authority to:

(a) Grant or deny any motion made by an air carrier association pursuant to § 263.3 of this chapter (economic regulations) for leave to participate in a Board proceeding in which no formal hearing is held.

(b) Call public meetings in pending rule making proceedings.

(c) Issue a notice suspending the effective dates of final regulations issued by the General Counsel pursuant to the delegation contained in § 385.20 (a) of

this chapter, pending Board determination of review proceedings instituted thereon, whether by petition or upon order of the Board. (Such a notice is not subject to the review procedures of Subpart C of this part.)

(Secs. 202(a), 416 of the Federal Aviation Act of 1958, 72 Stat. 742 as amended by 75 Stat. 785; and 72 Stat. 771; 49 U.S.C. 1322, 1386; Reorganization Plan No. 3 of 1961, 75 Stat. 837; 49 U.S.C. 1324 note; 26 F.R. 5989) [OR13, 30 F.R. 10843, Aug. 20, 1965, as amended by Amdt. OR-15, 30 F.R. 14973, Dec. 3, 1965] Delegation to the Director, Bureau of Enforcement.

§ 385.22

The Board hereby delegates to the Director, Bureau of Enforcement, the authority to:

(a) Compromise civil penalties being imposed for violation of the Board's Safety Investigation Regulations when the penalty does not exceed $100.

(b) Compromise any civil penalties being imposed for economic violations.

(c) Issue orders initiating informal nonpublic investigations by the Bureau of Enforcement under Part 305 of this chapter (Procedural Regulations). (Sec. 6(b), 60 Stat. 240, 5 U.S.C. 1005) 1, 26 F.R. 12246, Dec. 22, 1961, as amended by OR-3, 28 F.R. 3485, Apr. 10, 1963; OR-8, 28 F.R. 5991, June 13, 1963]

[OR

Subpart C-Procedure on Review of Staff Action

§ 385.50 Persons who may petition for review.

Petitions for review may be filed by the applicant; by persons who have availed themselves of the opportunity, if any, to participate in the matter at the staff action level; and by persons who have not had opportunity to so participate or show good and sufficient cause for not having participated: Provided, That such persons, other than the applicant, disclose a substantial interest which would be adversely affected by the respective staff action.

[OR-10, 29 F.R. 8209, June 30, 1964] § 385.51 Petitions for review.

(a) Time for filing. Petitions for review shall be filed and served within ten (10) days after the date of the staff action to which they relate, but a different period may be fixed in such staff action consistent with effective preservation of the right to petition for discretionary Board review.

(b) Contents. Petitions for review shall demonstrate that (1) a finding of material fact is clearly erroneous; (2) a legal conclusion is contrary to law, Board rules, or precedent; (3) a substantial and important question of policy is involved; (4) a prejudicial procedural error has occurred; or (5) the staff action is substantially deficient on its face. The petition shall briefly and specifically state the alleged grounds for review and the relief sought. If persons who participated at the staff action level set forth any new facts, arguments, or other new matter, an explanation must be furnished as to why said matter was not previously adduced at the staff action level. the absence of a valid explanation, the Board may disregard such new matter.

In

(c) Form and filing. Petitions shall comply with the form and filing requirements of §§ 302.3 (a), (b), and (c), and 302.4 of this chapter (Board's rules of practice in Economic Proceedings). Petitions shall not exceed 10 pages in length. A greater length, however, may be specified in the staff action taken. The petitions shall be accompanied by proof of required service. However, persons who seek review of a civil penalty proposed by the Director, Bureau of Enforcement pursuant to § 385.22(a) may submit their request therefor by letter to the Board, with a copy to the Director, Bureau of Enforcement, and need not comply with the above form and filing requirements.

(d) Service. A petition filed by a person other than the applicant shall be served on the applicant. Petitions shall also be served on any persons who have served documents on the petitioner at the staff action level, and on such other persons as may be directed by the Board or the staff member who took the action to be reviewed.

(e) Answers. The applicant and such other persons as disclose a substantial interest which would be adversely affected by the relief sought in the petition may, within ten (10) days after filing the petition, file an answer thereto. A different period for the filing of answers may be fixed in the staff action. Such answers shall comply with the form and filing requirements applicable to petitions and shall be served on the applicant and any other person who has theretofore served a document in the matter on such respondent.

[OR-1, 26 F.R. 12246, Dec. 22, 1961]

§ 385.52

Effective date of staff action.

Unless, within the time provided by or pursuant to this regulation, a petition for review is filed or the Board gives notice that it will review on its own motion, staff action shall, without further proceedings, be effective and become the action of the Board upon the expiration of such period. A timely petition for review filed in accordance with the provisions of this section, or notice given by the Board of review on its own motion, shall stay the staff action pending disposition by the Board, unless the Board determines otherwise. However, in cases where the Board's regulations provide that permissions or approvals are granted, or that other legal effects result, within a stated period from the filing with the Board of a prescribed document, unless the Board gives notice to the contrary or takes other action within said period, such notice given or action taken by a staff member under delegated authority shall toll the running of such period.

[OR-1, 26 F.R. 12246, Dec. 22, 1961]

Where a petition for review is duly filed, the staff member may, upon consideration of all documents properly filed, reverse his decision. Except in the case of hearing examiners, action taken by a staff member other than a bureau director or office head may be reversed by the respective bureau director or office head who is in the supervisory chain of command with respect to the staff member who took the initial action. If the initial action is reversed, the petition for review will not be submitted to the Board. Staff action reversing the initial action shall be subject to petition for Board review as any other staff action.

(75 Stat. 837; 49 U.S.C. 1324 note) [OR-11, 29 F.R. 12029, Aug. 22, 1964]

§ 385.54 Decision by the Board.

bers so desire. The Board may by order provide for interlocutory relief pending its decision on the merits and may limit the issues on review. It may affirm, modify or set aside the staff action, may order the matter remanded, or may order further submittals or other proceedings before making its decision on the merits. In case the Board affirms the staff action, such staff action shall become effective on the second business day following the date of service of the Board's order, unless the order provides otherwise. Decisions by the Board under this part are final and will not be subject to petitions for reconsideration.

[OR-1, 26 F.R. 12246, Dec. 22, 1961, as amended by OR-5, 28 F.R. 4025, Apr. 24, 1963]

386.2 Delegation of function to the Director, Bureau of Safety.

386.3 Referral to the Board; exercise of authority by the Board.

386.4 Review by the Board.

AUTHORITY: The provision of this Part 386 issued under secs. 204(a) and 701(a), 72 Stat. 743 and 781; 49 U.S.C. 1324 and 1441; and under Reorganization Plan No. 3 of 1961, 26 F.R. 5989.

SOURCE: The provisions of this Part 386 is contained in OR-9, 29 F.R. 5034, Apr. 11, 1964, unless otherwise noted.

report the facts, conditions, and circumstances relating to each accident involving a civil aircraft and to determine and report the probable cause thereof:

(a) When the aircraft (1) is a fixed wing aircraft, (2) is not operated by an air carrier, and (3) weighs 12,500 pounds or less; and

(b) When the accident does not result in a serious or fatal injury to any person. § 386.3 Referral to the Board; exercise of authority by the Board.

When the Director, Bureau of Safety, finds that the public interest so requires, he shall, in lieu of exercising the delegated authority herein, submit the findings of the accident investigation to the Board for determination of the probable cause of the accident. Also, the Board may at any time itself exercise the authority delegated herein.