to the single question of whether any issue designated for review and any issue not so designated are so inseparably interrelated that the former cannot be reviewed independently or that the latter cannot be made effective before the final decision of the Board in the review proceeding.

[PR-88, 28 F.R. 13299, Dec. 7, 1963, as amended by PR-95, 30 F.R. 14368, Nov. 17, 1965]

§ 301.46 Proceedings on review.

(a) Orders exercising right of review. (1) The Board will exercise its right of review upon petition for review or on its own initiative when two or more Board Members vote in favor of review. The Board will issue a final order upon such review without further proceedings on any or all the issues where it finds that matters raised do not warrant further proceedings.

(2) Where the Board desires further proceedings, the Board will issue an order for review which will:

(i) Specify the issues to which review will be limited. Such issues shall constitute one or more of the issues raised in a petition for discretionary review and/or matters which the Board desires to review on its own initiative. Only the issues specified in such order shall be argued on brief and will be considered by the Board.

(ii) Specify the portions of the examiner's decision, if any, which are to be stayed as well as the effective date of the remaining portions thereof.

(iii) Designate the parties to the review proceeding.

(b) Briefs. Briefs to the Board shall be filed only in those cases where the Board has ordered discretionary review and shall be limited to those issues specified in such order. Petitioner's brief shall be filed within 20 days after service of such order. When a party who has filed a petition for discretionary review fails to file a timely brief complying with the requirements of this section, the Board may rescind in whole or in part its order exercising its right of review.

(c) Contents of briefs. Each petitioner's brief shall set forth in detail the alleged errors in the initial decision and state the reasons for such objections and the relief requested. Where any objection is based upon evidence of record, such objection need not be considered by the Board if specific record citations to the pertinent evidence are not contained in the brief.

(d) Answering briefs. Within 15 days after service of a brief supporting the petition for discretionary review, any other party may file and serve an answering brief. No further briefs may be filed except upon specific leave of the Board granted upon a showing of good cause. Where the answering brief relies upon evidence of record, specific citations thereto shall be made in the brief.

(e) Oral argument. Oral argument before the Board is normally not granted in further proceedings on orders of discretionary review, but the Board may permit oral argument when a need therefor is shown. If a party desires to argue his case orally before the Board, he must file a request with the Board for leave to make such argument no later than the date when his brief is due.

[PR-88, 28 F.R. 13299, Dec. 7, 1963, as amended by PR-95, 30 F.R. 14368, Nov. 17, 1965]

§ 301.47

Board decision on review of initial decisions.

The Board will dispose of the issues on review by appropriate order which includes a statement of the reasons for its findings and conclusions. If the Board determines that the examiner erred in any respect or that his order specifying the appropriate sanction or denial thereof should be changed, the Board may make any necessary findings or order in lieu thereof or remand the case for further hearing.

§ 301.48 Petition for rehearing, reargu ment, reconsideration, or modifica tion of Board order.

(a) Any party to a proceeding may petition for rehearing, reargument, reconsideration, or modification of a Board order. Initial decisions which have become final, in the absence of a timely petition for discretionary review or because the Board has declined to order review thereof, shall not be deemed orders for this purpose. The petition shall be filed with the Board, and served upon all other parties within 20 days after service of the Board's order. The petition shall state, briefly and specifically, the matters of record alleged to have been erroneously decided, the ground relied upon, and the relief sought. If the petition is based, in whole or in part, on allegations as to the consequences that 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, upon new matter, the petition shall set forth

such new matter; shall contain affidavits of prospective witnesses, authenticated documents, or both, or an explanation why such substantiation is unavailable; and shall explain why such new matter could not have been discovered, by the exercise of due diligence, prior to the date the case was submitted for decision. Repetitious petitions will not be entertained by the Board.

(b) Replies to petitions filed pursuant to this section shall be filed and served upon petitioners within 10 days after the receipt of the petition.

(c) The filing of a petition under this section shall not operate to stay the effectiveness of the Board's order, unless otherwise ordered by the Board.

PROCEDURE ON EMERGENCY ORDERS § 301.50 Proceedings where the Administrator has made an emergency order.

(a) When the Administrator has made an emergency order, as provided for in section 609 of the Act, and it has been appealed to the Board, the provisions of this part shall apply with the following modifications: Where the procedure of §301.26 is not used, the Administrator shall serve and file his complaint within 5 days after advising the Board of the emergency character of his order, and the respondent shall serve and file his answer within 8 days. Where the procedure of § 301.26 has been used, the Administrator's advice of the emergency character of his order shall be deemed received by the Board at the time his order is docketed and the respondent's answer, if separate from the appeal, shall be filed and served within 5 days of the filing of the appeal.

(b) No motion to dismiss or for more definite statement shall be made but the substance thereof may be stated in the answer. The examiner may permit or require a more definite statement or other amendment to any pleading at the hearing upon just and reasonable terms.

(c) The examiner shall, immediately upon the filing of the answer, set the date and place for hearing upon not to exceed 8 days' notice to the parties. The initial decision (not made under authority delegated by § 301.29 (b)) shall be made orally on the record at the termination of the hearing and after opportunity for oral argument.

(d) Parties to the proceeding may appeal from an initial decision (not made under authority delegated by § 301.29 (b)) as of right by filing with the Board

and serving upon the other parties a notice of appeal within 2 days after the examiner renders his initial decision. No exceptions shall be filed but, within 5 days of the notice of appeal, each party shall file with the Board and serve upon other parties a brief. Such briefs shall comply with the requirements of §§ 301.4 and 301.46(c). The Board will give 3 days' notice of oral argument, where granted. The Board will not entertain petitions for reconsideration, rehearing, reargument, or modification of its order except on the ground that new matter has been discovered. Such petitions shall be filed with the Board and served on other parties within 10 days after service of the Board's order; shall set forth the new matter; shall contain affidavits of prospective witnesses, authenticated documents, or both, or an explanation why such substantiation is unavailable; and shall state that such new matter could not have been discovered, by the exercise of due diligence, prior to the date the case was submitted for decision. The Board, upon its own motion, may raise any issue the resolution of which it deems important to a proper disposition of the proceeding; in such case a reasonable opportunity will be afforded the parties to submit argument thereon.

(e) Where an order of the Administrator not designated as an emergency order has been appealed and the Administrator advises the Board at any time prior to final disposition of the appeal that an emergency exists in respect of such order, the examiner or the Board shall determine from what time on the proceeding shall be governed by this section.

[PR-88, 28 F.R. 13299, Dec. 7, 1963, as amended by PR-95, 30 F.R. 14368, Nov. 17, 1965]

PART 302-RULES OF PRACTICE IN ECONOMIC PROCEEDINGS

AUTHORITY: The provisions of this Part 302 issued under secs. 5, 7, 8, 12, 60 Stat. 239, 241, 242, 244, secs. 101, 204, 403, 406, 416, 1001, 1002, 72 Stat. 737, 743, 758, 763, 771, 788; 5 U.S.C. 1004, 1006, 1007, 1011, 49 U.S.C. 1301, 1324, 1373, 1376, 1386, 1481, 1482, and Reorganization Plan No. 3 of 1961, 26 F.R. 5989, except as otherwise noted.

SOURCE: The provisions of this Part 302 contained in PR-70, 27 F.R. 12545, Dec. 19, 1962, except as 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 or petition. 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 the economic regulations are applicable to participation of air carrier associations in proceedings under this part. However, there are exceptions to the applicability of this part with respect to two classes of proceedings:

(1) Proceedings involving "Alaskan air carriers" are governed by the rules in this part, except as modified by Part 292 of this chapter.

(2) Proceedings governed by Part 301 and Part 303 of this subchapter (Rules of Practice in Air Safety Proceedings

and Rules of Practice in Aircraft Accident Investigation Hearings, respectively) are not governed by this part.

(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.

[PR-70, 27 F.R. 12545, Dec. 19, 1962, as amended by PR-91, 29 F.R. 9822, July 22, 1964]

§ 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 25, D.C. 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

1 The Federal Aviation Act of 1958 may be found at 72 Stat. 731, and at 49 U.S.C. 1301 et seq. The Board's substantive rules may be found in its Economic Regulations and Special Regulations (Subchapters A and D of this chapter, respectively).

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) All documents filed under this part shall be on strong, durable paper not larger than 82 by 14 inches in size except that tables, charts and other documents may be larger, folded to the size of the document to which they are attached. The left margin shall be at least 11⁄2 inches wide and, if the document is bound, it shall be bound on the left side.

(2) Papers may be reproduced by printing or by any other process, provided the copies are clear and legible. Appropriate notes or other indications shall be used, so that the existence of any matters shown in color will be accurately indicated on photostatic 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 original shall be reproduced.

(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.

§ 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 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 attorney or other authority authorizing such other person to subscribe the document must be filed with the document.

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