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can present information to the Board to chapter of this Title 14 of the Code of enable the Board to make the decisions Federal Regulations. Other instructions for which it is responsible under the concerning the use of forms, and the Federal Aviation Act of 1958 (49 U.S.C. scope or content of material required or 1301 et seq.).
permitted to be filed or maintained are (2) Substantive Economic Regula set forth in the Board's Economic, Spetions, which prescribe to those within clal, and Procedural Regulations, and its the Board's jurisdiction various substan Policy Statements, in this chapter of tive and procedural requirements relat this Title 14 of the Code of Federal Reguing to specific areas of air carrier opera lations. If the form of any document retions.
quired or permitted to be filed is not pre(3) Statements of Policy, in which the scribed, such document shall be in letter Board announces a trend it will develop form. Any other request of the Board of or a future course of action it will follow any kind shall be directed to the Secre. in a particular area of decision; this tary. policy is then used as a guide in deciding specific cases which reach the Board.
§ 384.7. Organization and delegation of
authority. (4) Special Regulations, which deal with matters, and prescribe duties and The five Board Members, one of whom conduct for both air carriers and Board
is the Chairman and presiding officer, employees, which do not fall within the act to carry out the duties and respon. other Board regulations.
sibilities of the Civil Aeronautics Board (5) Organization Regulations, delegat under the Federal Aviation Act. The ing matters to the Board's staff and Board's staff is divided into several budescribing how the public may deal with reaus and offices, which are generally the Board in obtaining information.
described below. A detailed description
of the Board and its components is pub384.4 Offices.
lished in sections 110-195 of the CAB The central offices of the Civil Aero Manual, which is available for inspecnautics Board are located in the Uni tion and copying in the Public Reference versal Building, 1825 Connecticut Avenue Room at the Board's offices. The variNW., Washington, D.C. Its mailing ad ous delegations of authority from the dress is Civil Aeronautics Board, Wash Board to the different staff components ington, D.C. 20428. The Board's Bureau are described in detail in this Title 14 of of Accounts and Statistics maintains the Code of Federal Regulations, Part field offices in New York City and San 385 of this chapter. Generally speaking, Mateo, Calif. The hours of business for the Board's staff comprises: Board offices are 8:30 a.m., to 5 p.m., (a) The Office of the Executive Direclocal time, Monday through Friday, ex tor, which assists the Chairman in the cluding legal holidays, unless otherwise discharge of his functions as executive provided by statute or Executive order. and administrative head of the agency; 8 384.5 Public hearings.
coordinates and directs the activities of
the staff; and recommends and develops Public hearings and oral arguments plans to achieve the Board's program before the Board on applications and objectives. Within the Office of the Expetitions in economic proceedings are ecutive Director or reporting to the held at the time and place announced in Executive Director are: the notice thereof which is served on the
(1) The Office of Information, which parties to the proceedings and published
is responsible for keeping the public and in the FEDERAL REGISTER.
the air transport industry advised of ma$ 384.6 Formal submissions.
jor actions of the Board, and for serving All formal submissions required or per as the primary channel through which mitted to be made in economic proceed. inquiries from the public, the press, or Ings should be addressed to the Docket the industry are answered. Section, Civil Aeronautics Board, Wash (2) The Office of Community and Conington, D.C. 20428, unless specifically pro gressional Relations, which represents vided otherwise in the provision requir the Board in dealing with representatives Ing or permitting such submission. Re of State and local communities and civic quirements as to the form and content of groups; identifies community interests such submissions are set forth in the and develops recommendations of Board Board's Procedural Regulations in this policies and actions relating thereto; and
maintains liaison between the Board and Pursuant to the Federal Aviation Act of Congress.
1958, the Secretary has legal custody of (3) The Office of the Comptroller, records and documents as specified which administers the Board's financial therein. management system, including partici
(c) The Bureau of Operating Rights, pation in the fundamental aspects of which is the Board component involved program development, execution, review principally in the licensing of air carand evaluation; performs fiscal and ad
riers and the maintenance of proper ministrative accounting activities, in competitive conditions among air carcluding those relating to the budget and
riers. Matters involving certificates, perthe payroll; and administers subsidy mits, mergers, and exemptions for schedpayment functions.
uled, supplemental, foreign, helicopter, (4) The Office of Facilities and and all-cargo air carriers, freight forOperations, which is responsible for the warders, and air taxi operators are hanprovision of facilities and central operat
dled by the Bureau of Operating Rights. ing and support services essential to the (d) The Bureau of Economics, which eficient and effective conduct of opera
is the ratemaking and economic retions throughout the agency. The Gen
search and forecasting component of eral Services Section within this Office
the Board. Staff work on commercial pasdeals with acquisition, planning and as senger, baggage, and freight rates; serysignment of office space, procurement ice mail rates; subsidy rates; and miland supply. Also contained within this tary charter rates; and ascertainment Office are the Communications Services
and evaluation of economic data and Section, which maintains the Board's
trends affecting commercial air transinternal directives system and central portation are the roles of this Bureau. files system; and is concerned with
(e) The Bureau of Accounts and Sterecords and paperwork management. The
tistics, which is responsible for develRecords Services Section maintains
oping and administering a fact-finding records on air carrier authorities, sched
facility adequate to support the Board's ules, route maps and mileages, and air
economic regulatory program. This Bucarrier financial and operational statis
reau is concerned with developing and tical reports; it also maintains a Public
administering uniform systems of carReference Room for use of the public in
rier accounts and reports; preparing acexamining Board material. The Publica
counting and statistical data for release tions Services Section, which distributes
in the Board's oficial publications; adpublic documents issued by the Board,
ministering and operating the Board's and the Library are also included within
automatic data processing facilities; and this Office.
generally operating as the Board's ex(5) The Office of Management Anal pert arm in accounting and statistical ysis, which conducts a continuing pro
matters. gram of operational analysis; and
(f) The Bureau of Enforcement, which analyzes and promotes improvement in
Is responsible for the development and program and management policies, prac
execution of programs to obtain comtices, methods, procedures and organiza pliance with the provisions of the Fedtional structures.
eral Aviation Act of 1958 and of the reg(6) The Office of Personnel and Se ulations, orders, and other requirements curity, which administers a personnel
promulgated by the Board. Both formal program designed to meet the needs of and informal Investigations of alleged the Board and its employees and admin or suspected violations of the Act and the isters the agency's security programs.
Board's regulations are conducted on the (b) The Office of the Secretary, which Bureau's own initiative, or on the basis functions as a clearing house and re
of formal or informal complaints repository for Board documents. It re ceived from the industry, the public, the ceives, records, files, distributes and Congress, or other Government agencies. serves copies of official docket material (g) The Bureau of International Aland records; performs the functions In fairs, which advises the Board on the volved in processing material from the formulation of positions to be taken by staff requiring action by the Board; the United States on matters involving records Board actions; issues, digests International air transport matters; and indexes official documents evidenc serves as liaison between the Board and ing such actions; and authenticates the Department of State and the InterBoard records for any official purpose. agency Group on International Aviation;
and provides representation in connec ports, texts, and treaties on air transtion with international conferences and port and other transport economics, and negotiations or discussions with foreign a wide variety of other books and pubcountries on air transport matters.
lications concerning civil air transport (h) The Bureau of Hearing Examin and related fields. ers, which provides hearing examiners (b) The regulations, policy statements, for the conduct of all formal proceed and rules of practice of the Board are ings under Titles IV and X of the Fed published in this Title 14 of the Code eral Aviation Act, including those for of Federal Regulations. They may also be issuance of certificates of public con inspected and copied in the Board's venience and necessity concerning both Public Reference Room, or purchased domestic and foreign operations, and is from the Superintendent of Documents, suance of foreign air carrier permits; Government Printing Office. mail, property, and passenger rate cases; (c) The CAB Manual is a book of rules mergers, acquisition of control, and inter and instructions to the Board's staff on locking relationships; and economic how to deal with various matters involvenforcement cases.
ing the Board's business with the public. (i) The Office of the General Counsel, It also contains a detailed description of which is responsible for advising the the Board organization and the reBoard, its staff, industry representatives, sponsibilities of each staff component. and the public on legal aspects of the The CAB Manual may be inspected and Board's regulatory activities; represent copied in the Board's Public Reference ing the Board in litigated matters; as Room. sisting attorneys in other offices and (d) The Publications Section periodbureaus as required; representing the ically prepares a list of Board documents Board in negotiations and at conferences and publications which have been dupliwhere legal matters are involved; and cated and are available to the public. representing the Board on Government Items offered for sale are available from committees and committees of interna the Superintendent of Documents, Gov. tional organizations.
ernment Printing Office, or other in(Sec. 1001, 72 Stat. 788, sec. 4, 80 Stat. 383; dicated sources on payment of a charge 49 U.S.C. 1481; 5 U.S.C. 553) (OR-20, 32 F.R. therefor. A list of available publications 8797, June 21, 1967, as amended by OR-38, and free single copy items is available 34 F.R. 7651, May 14, 1969; 34 F.R. 7900, from the Publications Section upon reMay 21, 1969)
quest. The weekly “Notice of Applications $ 384.8 Availability of information and or Amendments Thereto" and certain materials.
other publications are available to perThe Board publishes a regulation in
sons submitting written request therefor Part 310 of its Procedural Regulations in
and payment of any prescribed fees to
the Publications Section. this chapter concerning the availability
(e) A list of forms (described and idenfor inspection and copying of Board orders, opinions, and records. That regu
tified by number) which the Board uses lation states in detail what information is
in dealing with the public is available in
the Board's Public Reference Room. Both available at the Board, and what records
the list of forms, which is subject to may be inspected, and discusses the use
change and is therefore not published of the Board's Public Reference Room. Generally speaking:
herein, and the forms themselves are (a) The Board maintains & Public
available from the Board's Publications Reference Room in which are kept copies
Section. of Board opinions (including concurring
(f) Various other materials and recand dissenting opinions), orders, regu
ords are available at specific offices withlations, rules of practice, statements of
in the Board as specified in Part 310 of policy. and interpretations of general ap
this chapter. plicability. the Public Index to Board materials. the CAB Manual, certain fi PART 385—DELEGATIONS AND REnancial reports and data filed by air car VIEW OF ACTION UNDER DELEGAriers, and copving facilities. The records TION; NONHEARING MATTERS of the proceedings in formal cases are
Subpart A-General Provisions kept in the Board's Docket Section. The
Sec. Board's Library maintains legal refer 385.1 Definitions. ence books, regulatory commission re 885.2 Applicability.
Sec. 885.3 Scope of staff action. 385.4 Form of staff action. 885.5 Procedures prescribed in other regu
lations. 385.6 Referral to the Board. 885.7 Exercise of authority by superiors or
the Board. 385.8 Exercise of authority in "acting" ca
pacity and redelegation. 385.9 Effective date of delegations and pro
Members 386.10 Delegation to Chief Hearing Exam
iner, Bureau of Hearing Examiners, 385.11 Delegation to the Hearing Examin
ers, Bureau of Hearing Examiners, 386.12 Delegation to the Executive Director. 385.13 Delegation to the Director, Bureau
of Operating Rights. 385.14 Delegation to the Chief, Passenger
and Cargo Rates Division, Bureau
of Economics. 385.15 Delegation to the Chief, Tariffs Sec
tion, Passenger and Cargo Rates
Division, Bureau of Economics. 385.16 Delegation to the Chief, Government
Rates Division, Bureau of
Economics, 385.17 Delegation to the Director, Bureau of
Accounts and Statistics. 385.18 Delegation to the Chief, Accounting,
Costs and Statistics Division, Bu
reau of Accounts and Statistics. 385.19 Delegation to the General Counsel. 385.20 Delegation to Associate General
Counsel, Rules and Rates Division. 885.21 Delegation to Associate General
Counsel, Routes Division, 385.21a Delegation to Associate General
Counsel, International, Govern
mental, and Carrier Relationships. 885.22 Delegation to the Director, Bureau of
Enforcement. 385.23 Delegation to Heads of Bureaus and
“Petition for review” means a petition asking the Board to exercise its discretionary right of review of staff action.
"Staff action" means the exercise of a function of the Board by a staff member pursuant to delegation under this part.
"Staff members" means officers and employees of the Board who receive delegated authority under this part. 8 385.2 Applicability.
This part describes the organization of the Board insofar as, pursuant to authority conferred on it by sections 202(a) and 204(a) of the Federal Aviation Act and Reorganization Plan No. 3 of 1961, 26 F.R. 5989, the Board has delegated any of its functions of making orders or other determinations which are not required to be made on an evidentiary record upon notice and hearing or which are not the subject of contest, and the Chairman has assigned Board personnel to perform such functions. This part also sets forth the procedures governing discretionary review by the Board of action taken under such delegations. § 385.3 Scope of staff action.
Applications for relief which, pursuant to this part, may be granted by staff members under delegated authority. and proceedings on such requests shall be governed by applicable rules in the same manner as if no delegation had been made (see 385.5). In such proceedings, each staff member may determine any procedural matters which may arise, including, inter alia, service of documents on additional persons; filing of otherwise unauthorized documents; waivers of procedural requirements; requests for hearing; requests for additional information; dismissal of applications upon the applicant's request, moot applications, or incomplete or otherwise defective applications; and extensions of time. Such determinations, except those which would terminate the matter, shall be subject to review only in connection with Board review of the staff member's decision on the merits. The dismissal of incomplete or otherwise defective applications under authority set forth in this part shall be without prejudice except where under otherwise applicable law the time for making application has run out or where the defect is not corrected within a reasonable time fixed by the staff member. Under the authority delegated to the staff as set forth in this part to approve, dis
Subpart C-Procedure on Review of Staff Action 385.50 Persons who may petition for review. 385.51 Petitions for review. 385.52 Effective date of staff action. 385.53 Review by the stail. 385.54 Decision by the Board.
AUTHORITY: The provisions of this Part 385 1ssued under sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply sec. 1001, 72 Stat. 788; 75 Stat. 837; 49 U.S.C. 1481; Reorgar tion Plan No. 3 of 1961, 26 F.R. 5989.
SOURCE: The provisions of this Part 385 contained in OR-19, 32 F.R. 8799, June 21, 1967 unless otherwise noted.
Subpart A-General Provisions § 385.1 Definitions.
"Board" means the Civil Aeronautics Board.
approve, grant, or deny, relief may be the delegated authority, submit the matgranted or denied in part and grants may ter to the Board for decision. In any case be made subject to lawful and reason in which the staff member finds that imable conditions. Moreover, where ap mediate action is required with respect plicable, the authority to grant relief to any matter delegated herein, the disalso includes authority to renew or position of which is governed by prior extend an existing authorization.
Board precedent and policy, the staff 8 385.4 Form of staff action.
member may take appropriate action and
specify that the filing of a petition for Unless otherwise specified in the dele
review shall not preclude such action gation, staff action shall be by order or
from becoming effective. Informal writing (letters, telegrams, decision marked on copy of application
8 385.7 Exercise of authority by supeform, etc.). Such orders or informal
riors or the Board. writings shall contain a recital that Any delegation of authority to a staff action is taken pursuant to delega member below the rank of Bureau or tion, shall, in cases where there are Office Head shall also be deemed to be "parties or interveners," or where there made, severally, to each of such staff may be an adverse effect upon a person member's superiors in the respective Buwith a substantial interest, contain a reau or Office. In accordance with the brief reference to the right of aggrieved Board's principle of management reparties to petition the Board for review sponsibility in the Bureau or Office Head, pursuant to applicable procedural rules, the superior may choose to exercise the including a statement of the time within delegated power himself in any case, which petitions must be filed (8 385.51); Moreover, the Board may at any time itshall state whether the filing of a peti self exercise any authority delegated tion shall preclude the action from herein. becoming effective; and shall be in the
Exercise of authority in "actname of the person exercising the dele
ing" capacity and redelegation. gated function. They shall contain all findings, determinations and conclusions Unless the delegation provides otherwhich would be required or appropriate
wise, staff members serving in an "actif they were issued by the Board. Upon ing" capacity may exercise the authority request, the Secretary shall attest as delegated to the staff members for whom Board action orders or informal writings they are acting and staff members to Issued pursuant to this part which have
whom authority is delegated may rebecome the action of the Board delegate such authority to members of (8 385.52).
their staffs. § 385.5 Procedures prescribed in other
$ 385.9 Effective date of delegations and regulations.
The delegations and procedures set Procedures set forth in this part shall
forth in this part shall be effective upon not supersede procedures applicable to matters on which decision has been
publication in the FEDERAL REGISTER. delegated unless otherwise specifically Subpart B-Delegation of Functions provided herein: Provided, however,
to Staff Members That any provisions in other regulations which provide for reconsideration of
8 385.10 Delegation to Chief Hearing nonhearing determinations made by the
Examiner, Bureau of Hearing Exam
iners. Board shall not be applicable to decisions made under authority delegated herein
The Board hereby delegates to tho or to Board decisions made upon review
Chief Examiner, Bureau of Hearing Exthereof.
aminers, the authority to:
(a) Consolidate, upon recommenda$ 385.6 Referral to the Board.
tion of the Director, Bureau of Economics When the staff member finds that the (or such staff member of the Bureau of public interest so requires, or that, with Economics as he may designate), into respect to other than matters requiring one proceeding cases involving the inimmediate action as hereafter specified, vestigation of a tariff or of complaints there will be insuficient time for discre concerned with related tariffs. tionary Board review of his decision upon (b) With respect to matters to be depetition, he shall, in lieu of exercising cided after notice and hearing: (1) Dis