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(Category No. 303(a) of the Schedule this chapter, pending Board determinaof Records to Part 249 of the Economic tion of review proceedings instituted Regulations).

thereon, whether by petition or upon (OR-1, 26 F.R. 12245, Dec. 22, 1961, as

order of the Board. (Such a notice is amended by OR-15, 30 F.R. 14973, Dec. 3, not subject to the review procedures of 1965)

Subpart C of this part.) § 385.20 Delegation to the General

(Secs. 202(a), 416 of the Federal Aviation Act Counsel.

of 1958, 72 Stat. 742 as amended by 75 Stat.

785; and 72 Stat. 771; 49 U.S.C. 1322, 1386; The Board hereby delegates to the Reorganization Plan No. 3 of 1961, 75 Stat. General Counsel the authority to:

837; 49 U.S.C. 1324 note; 26 F.R. 5989) [OR(a) Issue proposed or final regulations 13, 30 F.R. 10843, Aug. 20, 1965, as amended by

Amdt. OR-15, 30 F.R. 14973, Dec. 3, 1965) for the purpose of making editorial changes or corrections in the Board's § 385.22 Delegation to the Director, rules and regulations, with the concur

Bureau of Enforcement. rence of the bureaus or staff offices pri

The Board hereby delegates to the Di. marily responsible for the parts or sec

rector, Bureau of Enforcement, the autions involved; Provided, That any final

thority to: regulation so issued shall have an effec

(a) Compromise civil penalties being tive date not less than 20 days after its

imposed for violation of the Board's date of publication in the FEDERAL REG

Safety Investigation Regulations when ISTER, and shall include a brief reference

the penalty does not exceed $100. to the review procedures established in

(b) Compromise any civil penalties Subpart C of this part.

being imposed for economic violations. (b) Where a petition for review is duly

(c) Issue orders initiating informal filed, reverse any rule making action

nonpublic investigations by the Bureau taken by him pursuant to paragraph (a)

of Enforcement under Part 305 of this of this section by withdrawing a proposed

chapter (Procedural Regulations). or final regulation issued thereunder, in

(Sec. 6(b), 60 Stat. 240, 5 U.S.C. 1005) (ORwhich case the petition for review will

i, 26 F.R. 12246, Dec. 22, 1961, as amended by not be submitted to the Board. (Such a

OR-3, 28 F.R. 3485, Apr. 10, 1963; OR-8, 28 withdrawal is not subject to the review

F.R. 5991, June 13, 1963) procedures of Subpart C of this part.) (c) Issue, upon request therefor, inter

Subpart C-Procedure on Review of pretations of facts bearing upon dis

Staff Action qualification of former Board members

$ 385.50 Persons who may petition for and employees under $ 300.13 or $ 300.14

review. of this chapter (procedural regulations), and to grant or deny requests for leave Petitions for review may be filed by the to represent anyone in a Board proceed applicant; by persons who have availed ing or matter under $ 300.15 of this themselves of the opportunity, if any, to chapter.

participate in the matter at the staf (OR-13, 30 F.R. 10843, Aug. 20, 1965)

action level; and by persons who have.

not had opportunity to so participate or § 385.21 Delegation to Associate Gen

show good and sufficient cause for not eral Counsel, Rules and Rates Divi

having participated: Provided, That such sion.

persons, other than the applicant, disThe Board hereby delegates to the As close a substantial interest which would sociate General Counsel, Rules and Rates be adversely affected by the respective Division, the authority to:

staff action. (a) Grant or deny any motion made

(OR-10, 29 F.R. 8209, June 30, 1964) by an air carrier association pursuant to § 263.3 of this chapter (economic regula $ 385.51 Petitions for review. tions) for leave to participate in a Board

(a) Time for filing. Petitions for reproceeding in which no formal hearing is

view shall be filed and served within held. (b) Call public meetings in pending

ten (10) days after the date of the staff rule making proceedings.

action to which they relate, but a dif(c) Issue a notice suspending the ef ferent period may be fixed in such staff fective dates of final regulations issued action consistent with effective preserva by the General Counsel pursuant to the tion of the right to petition for discredelegation contained in § 385.20 (a) of tionary Board review.

(b) Contents. Petitions for review $ 385.52 Effective date of staff action. shall demonstrate that (1) a finding of

Unless, within the time provided by or material fact is clearly erroneous; (2) a legal conclusion is contrary to law, Board

pursuant to this regulation, a petition for

review is filed or the Board gives notice rules, or precedent; (3) a substantial and

that it will review on its own motion, important question of policy is involved;

staff action shall, without further pro(4) a prejudicial procedural error has oc

ceedings, be effective and become the curred; or (5) the staff action is sub

action of the Board upon the expiration stantially deficient on its face. The pe

of such period. A timely petition for retition shall briefly and specifically state

view filed in accordance with the prothe alleged grounds for review and the relief sought.

visions of this section, or notice given by If persons who partici

the Board of review on its own motion, pated at the staff action level set forth

shall stay the staff action pending disany new facts, arguments, or other new

position by the Board, unless the Board matter, an explanation must be furnished

determines otherwise. However, in cases as to why said matter was not previously

where the Board's regulations provide adduced at the staff action level. In

that permissions or approvals are the absence of a valid explanation, the

granted, or that other legal effects result, Board may disregard such new matter.

within a stated period from the filing (c) Form and filing. Petitions shall

with the Board of a prescribed document, comply with the form and filing re

unless the Board gives notice to the conquirements of $$ 302.3 (a), (b), and (c), and 302.4 of this chapter (Board's rules

trary or takes other action within said of practice in Economic Proceedings).

period, such notice given or action taken Petitions shall not exceed 10 pages in

by a staff member under delegated aulength. A greater length, however, may

thority shall toll the running of such be specified in the staff action taken.

period. The petitions shall be accompanied by

(OR-1, 26 F.R. 12246, Dec. 22, 1961) proof of required service. However, per § 385.53 Review by the staff. sons who seek review of a civil penalty

Where a petition for review is duly proposed by the Director, Bureau of En

filed, the staff member may, upon conforcement pursuant to $ 385.22(a) may submit their request therefor by letter

sideration of all documents properly

filed, reverse his decision. Except in the to the Board, with a copy to the Director, Bureau of Enforcement, and need not

case of hearing examiners, action taken

by a staff member other than a bureau comply with the above form and filing

director or office head may be reversed by requirements. (d) Service. A petition filed by a per

the respective bureau director or ofice

head who is in the supervisory chain of son other than the applicant shall be

command with respect to the staff memserved on the applicant. Petitions shall

ber who took the initial action. If the also be served on any persons who have

initial action is reversed, the petition for served documents on the petitioner at the

review will not be submitted to the Board. staff action level, and on such other per

Staff action rever the initial action sons as may be directed by the Board or

shall be subject to petition for Board the staff member who took the action to

review as any other staff action. be reviewed.

(75 Stat. 837; 49 U.S.C. 1324 note) (OR-11, (e) Answers. The applicant and such

29 F.R. 12029, Aug. 22, 1964) other persons as disclose a substantial interest which would be adversely af § 385.54. Decision by the Board. fected by the relief sought in the petition

(a) Decline of right to review. If the may, within ten (10) days after filing the

Board declines its right to exercise dispetition, file an answer thereto. A dif

cretionary review, the staff action stayed ferent period for the filing of answers by the petition for review shall become may be fixed in the staff action. Such

effective on the second business day answers shall comply with the form and following the date of service of the filing requirements applicable to peti Board's order, unless the order provides tions and shall be served on the applicant otherwise. and any other person who has thereto (b) Exercise of right to review. The fore served a document in the matter on Board will exercise its discretionary right such respondent.

of review either upon petition or on its (OR-1, 26 F.R. 12246, Dec. 22, 1961)

own motion if two or more Board Mem

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]

report the facts, conditions, and circumstances relating to each accident involying 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 find. ings 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. § 386.4 Review by the Board.

The Board may, and if two or more Members request the Board will, exercise its discretionary right to review the action taken by the Director, Bureau of Safety, under the delegation. Upon review, the Board may either affirm the action taken or determine the probable cause of the accident and report the facts, conditions, and circumstances relating to the accident and the probable cause thereof.

PART 387-ORGANIZATION AND

OPERATION DURING EMERGENCY
CONDITIONS

PART 386-DELEGATION AND RE

VIEW OF ACTION UNDER DELEGA-
TION; DETERMINATION OF THE
PROBABLE CAUSE OF AIRCRAFT

ACCIDENTS Sec. 386.1 Applicability. 386.2 Delegation of function to the Director,

Bureau of Safety. 386.3 Referral to the Board; exercise of au

thority 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. $ 386.1 Applicability.

This part describes the organization of the Board insofar as, pursuant to authority conferred on it by Reorganization Plan No. 3 of 1961, 26 F.R. 5989, the Board has delegated its functions under section 701 of the Federal Aviation Act of 1958, as amended, of determining the probable cause of accidents involving civil aircraft. This part also sets forth the procedures governing discretionary review by the Board of action taken under such delegation. $ 386.2 Delegation of function to the

Director, Bureau of Safety. The Board hereby delegates to the Director, Bureau of Safety, the authority to

Sec. 387.1 Purpose. 387.2 Emergency conditions, effective date

and duration. 387.3 Offices, and information and sub

mittals. 387.4 Organization and delegations of

authority. 387.5 Board meetings. 387.6 Personnel and fiscal functions. 387.7 Effect on existing Board requirements.

AUTHORITY: The provisions of this Part 389 issued under sec. 204, 72 Stat. 743; Title V, 65 Stat. 268; sec. 3, 60 Stat. 238; 49 U.S.C. 1324; 5 U.S.C. 140, 1002.

SOURCE: The provisions of this Part 387 are contained in OR-14, 30 F.R. 11717, Sept. 14, 1965, unless otherwise noted. § 387.1 Purpose.

This part describes the plan of organization and operation which will be ob

served by the Civil Aeronautics Board in discharging its duties and responsibilities in the event of a national emergency as defined in the following section. § 387.2 Emergency conditions, effective

date and duration. For purposes of this part, emergency conditions shall be deemed to commence at a time of official notification of an armed attack upon the United States, its territories and possessions, at the time of official notification of the likelihood or imminence of such attack, or at a time specified by authority of the President, whichever may first occur. The provisions of this part shall become operative as of the commencement of emergency conditions and shall continue until the Board, by notice and order, shall resume its normal organization and operations. $ 387.3 Offices, and information and

submittals.
During emergency conditions:

(a) The location or headquarters of the Board, and the location of each field office of the Board, if different from the normal location, shall be as designated - by the Chairman or his successor. In the absence of communication with the Chairman or his successor, the location of a field office shall be as designated by the head of that office.

(b) All formal or informal requests for information, filings, reports, or other submittals to the Board, shall be addressed to Civil Aeronautics Board, Official Mail and Messenger Service, Washington, D.C., 20428, unless otherwise specified by authority of the Board. $ 387.4. Organization and delegations of

authority. During emergency conditions:

(a) The respective functions and responsibilities of the Board, individual Board Members, and Board staff members, and the delegations of authority, shall to the extent possible, be as set forth in Public Notice PN-15 (26 F.R. 7231), or any subsequent Public Notice modifying its provisions, and the several parts of the Board's published regulations, unless otherwise modified or revoked by authority of the Chairman, Board, or other requirement of law.

(b) In the event less than three Members of the Board are capable of acting,

actions in the name and authority of the Board shall be taken by such acting Member or Members, whose authority shall mean and include the delegated authority to act for all other Members.

(c) In the event no Board Member is capable of acting, actions in the name and authority of the Board shall be taken by the following: The Executive Director; the Director, Bureau of Economics; the General Counsel; the Director, Bureau of Operating Rights; the Director, Bureau of Enforcement; and the Director, Bureau of Safety. If one or more of them cannot act, his or their deputies or staff in line of succession as provided in paragraph (g) of this section shall act. The authority of the above designees, or their successors, shall mean and include the delegated authority to act for the Board.

(d) The authority of the Chairman, in the event he is incapacitated or incapable of acting, shall be exercised by the Vice Chairman, and in the event he is unable to act, by the other Members of the Board in order of seniority; if any Board Member is unable to act as Chairman, then members of the Board's staff shall act as Chairman in the following order: The Executive Director; the Director, Bureau of Economics; the General Counsel; the Director, Bureau of Operating Rights; the Director; Bureau of Enforcement; the Director, Bureau of Safety; their respective deputies or staff in line of succession to the preceding staff members.

(e) Actions taken in the name and authority of the Board by less than the statutory quorum of its Members shall be effective immediately (or as specified by the Board order) but shall be sub ct to reconsideration by the Board within 30 days of the date upon which public notice is given that the Board has been reestablished and is functioning.

(f) If and when a Board Member, or staff member previously incapacitated or otherwise unavailable again because available, he shall thereupon have all the powers and functions he would have had if he had not been incapacitated or otherwise unavailable.

(g) Except as may be determined otherwise by the Chairman or his successor, the respective duties of the Executive Director shall be filled by the Assistant Executive Director or Assistant

[blocks in formation]

or his successor, shall act as certifying officers. $ 387.7 Effect on existing Board require.

ments. Except as herein otherwise provided, all outstanding Board orders, rules, and regulations shall remain in force and effect during the continuance of emergency conditions, subject to all lawful requirements and such changes as may be authorized by authority of the Board.

Executive Director for Operations in that order; the duties of the Secretary and heads of offices and bureaus, and heads of field offices, shall be discharged, in the absence or incapacity of such persons during the emergency conditions, by the available staff member next in line of succession in that office or bureau. The head of each office and bureau shall designate the line of succession within his office or bureau. If no such designation has been made, or the designee is unavailable, such duties shall be assumed by the available subordinate officer or employee in the particular office or bureau who is highest in grade and has served longest with the Board. TOR-14, 30 F.R. 11717, Sept. 14, 1965, as amended by OR-17, 31 F.R. 702, Jan. 19, 1966] 8 387.5 Board meetings.

As soon as possible following the occurrence of emergency conditions, the Board or the person or persons acting in the name and authority of the Board shall provide for the place, time, and method of giving notice of future Board meetings to those entitled thereto as shall be feasible and reasonable in the circumstances, subject to further order of the Board. Any Board action shall be by majority vote of those participating whether physically present or participating in Board consideration through any means of communication. § 387.6 Personnel and fiscal functions.

Subject to modification or revocation by authority of the Chairman or his successor, authority to effect temporary appointment of such additional officers and employees, to classify and allocate positions to their proper grades, to issue travel orders, and to effect emergency purchases of supplies, equipment, and services shall be exercised by the respective heads of offices and bureaus, their deputies or staff in line of succession, as may be required for the discharge of the lawful duties of the respective offices and bureaus. In the event the duly authorized Board certifying officers cannot act, then the Chairman or his successor, or employees designated by the Chairman

PART 389_FEES AND CHARGES FOR

SPECIAL SERVICES Sec. 389.1 Policy and scope. 389.2 Services available. 389.3 Payment of fees and charges. 389.4 Fees for services. 389.5 Copying records and documents. 389.6 Certification of copies of documents. 389.7 Board publications. 389.8 Transcripts of hearings.

Appendix A.

AUTHORITY: The provisions of this Part 389 issued under sec. 204, 72 Stat. 743; Title V, 65 Stat. 268; sec. 3, 60 Stat. 238; 49 U.S.C. 1324; 5 U.S.C. 140, 1002.

SOURCE: The provisions of this Part 389 contained in OR-16, 30 F.R. 15567, Dec. 17, 1965, unless otherwise noted. 8 389.1 Policy and scope.

Pursuant to policies established by the Congress, the Government's costs for special services furnished to individuals or firms who request such services are to be recovered by the payment of fees (Title V of Independent Offices Appropriation Act of 1952; 5 U.S.C. 140). This regulation sets forth the special services made available by the Board and the fees therefor. § 389.2 Services available.

Upon request and payment of fees as provided in subsequent sections, there are available, with respect to documents subject to inspection, services as follows:

(a) Copying records and documents.

(b) Certification of copies of documents under seal of the Board.

(c) Subscriptions to publications of the Board.

(d) Transcripts of hearings.

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