1、443 SUBCHAPTER EORGANIZATION PART 385STAFF ASSIGNMENTS AND REVIEW OF ACTION UNDER ASSIGNMENTS Subpart AGeneral Provisions Sec. 385.1 Definitions. 385.2 Applicability. 385.3 Scope of staff action. 385.4 Form of staff action. 385.5 Procedures prescribed in other regula-tions. 385.6 Referral to the Rev
2、iewing Official. 385.7 Exercise of authority by superiors. 385.8 Exercise of authority in acting ca-pacity. Subpart BAssignment of Functions to Staff Members 385.10 Authority of Chief Administrative Law Judge, Office of Hearings. 385.11 Authority of the Administrative Law Judges, Office of Hearings.
3、 385.12 Authority of the Director, Office of Aviation Analysis. 385.13 Authority of the Director, Office of International Aviation. 385.14 Authority of the General Counsel. 385.15 Authority of the Deputy General Counsel. 385.16 Heads of Offices and Assistant Gen-eral Counsels. 385.17 Authority of th
4、e Assistant General Counsel for Regulation and Enforcement. 385.18 Authority of the Chief, Coordination Section, Documentary Services Division. 385.19 Authority of the Director, Office of Aviation Information, Bureau of Trans-portation Statistics. 385.20 Authority of the Inspector General. 385.21 Au
5、thority of the Chief, Accounting Division, Office of Budget and Policy, Federal Transit Administration. Subpart CProcedure on Review of Staff Action 385.30 Persons who may petition for review. 385.31 Petitions for review. 385.32 Effective date of staff action. 385.33 Review by the staff. 385.34 Deci
6、sion by the Reviewing Official. AUTHORITY: 49 U.S.C. 329 and chapters 40101, 41101, 41301, and 41701. SOURCE: Docket No. T1, 49 FR 50985, Dec. 31, 1984, unless otherwise noted. Subpart AGeneral Provisions 385.1 Definitions. Department means Department of Transportation. Petition for review means a p
7、etition asking the appropriate Reviewing Offi-cial to exercise his or her discretionary right of review of staff action. Precedent means applicable judicial decisions and decisions by the Depart-ment, or by the Board where consistent with Department policy. Reviewing Official means the Assist-ant Se
8、cretary for Aviation and Inter-national Affairs, the General Counsel, or the Director of the Bureau of Trans-portation Statistics, as appropriate to the subject matter under review, but not with regard to Deputy General Counsel and Administrative Law Judge decisions made under this part. Staff actio
9、n means the exercise of a function under Subparts I, II and IV of Subtitle VII of Title 49 of the United States Code (Transportation) by a staff member pursuant to assignment under this part. Staff members means officers and em-ployees of the Department who are as-signed authority under this part. S
10、tatute means Subtitle VII of Title 49 of the United States Code (Transpor-tation). Docket No. T1, 49 FR 50985, Dec. 31, 1984, as amended by Amdt. 1261, 59 FR 10061, Mar. 3, 1994; 60 FR 66726, Dec. 26, 1995; Doc. No. OST- 96-1268, 61 FR 19167, May 1, 1996 385.2 Applicability. This part describes the
11、organization of the Department insofar as, pursuant to authority conferred on it by section 40113 of the Statute, the Department has adopted rules herein or elsewhere which make continuing assignments of authority with respect to any of its functions of making orders or other de-terminations, many o
12、f which are not required to be made on an evidentiary record upon notice and hearing or which are not the subject of contest, and Department personnel have been assigned to perform such functions. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 22
13、3046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-444 14 CFR Ch. II (1111 Edition) 385.3 Delegations by the Secretary of Trans-portation to Secretarial Officers and the Director, Bureau of Transportation Stat
14、istics (BTS) of functions under Subparts I, II, and IV of the Statute ap-pear in 49 CFR part 1. This part also sets forth the procedures governing dis-cretionary review by the appropriate Reviewing Official of action taken under such assignments. Nothing in this part shall be construed as pre-cludin
15、g the Department from issuing, by appropriate order, temporary dele-gations of authority with respect to any functions described in this part or with respect to any other functions which can be lawfully delegated. Docket No. T1, 49 FR 50985, Dec. 31, 1984, as amended at 60 FR 66726, Dec. 26, 1995; D
16、oc. No. OST-96-1268, 61 FR 19167, May 1, 1996 385.3 Scope of staff action. Applications for relief which, pursu-ant to this part, may be granted by staff members under assigned author-ity, and proceedings on such requests shall be governed by applicable rules in the same manner as if no assignment h
17、ad been made (see 385.5). In such pro-ceedings, each staff member may deter-mine any procedural matters which may arise, including, inter alia, service of documents on additional persons; fil-ing of otherwise unauthorized docu-ments; waivers of procedural require-ments; requests for hearing; request
18、s for additional information; dismissal of applications upon the applicants re-quest, moot applications, or incom-plete or otherwise defective applica-tions; and extensions of time. Such de-terminations, except those which would terminate the matter, shall be subject to review only in connection wit
19、h review of the staff members deci-sion on the merits. The dismissal of in-complete or otherwise defective appli-cations under authority set forth in this part shall be without prejudice ex-cept where under otherwise applicable law the time for making application has run out or where the defect is n
20、ot corrected within a reasonable time fixed by the staff member. Under the authority assigned to the staff as set forth in this part to approve, dis-approve, grant, or deny, relief may be granted or denied in part and grants may be made subject to lawful and rea-sonable conditions. Moreover, where a
21、pplicable, the authority to grant re-lief also includes authority to renew or extend an existing authorization. Doc. T1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985 385.4 Form of staff action. Unless otherwise specified, staff ac-tion shall be by order or informal writ-ing (letter
22、s, telegrams, decision marked on copy of application form, etc.). Such orders or informal writings shall contain a recital that action is taken pursuant to authority assigned herein, shall, in cases where there are parties or interveners, or where there may be an adverse effect upon a person with a
23、substantial interest, contain a brief reference to the right of aggrieved parties to petition the Reviewing Offi-cial for review pursuant to applicable procedural rules, including a statement of the time within which petitions must be filed (385.51); shall state whether the filing of a petition shal
24、l preclude the action from becoming ef-fective; and shall be in the name of the person exercising the assigned func-tion. They shall contain all findings, determinations and conclusions which would be required or appropriate if they were issued by the Secretary. Upon request, the appropriate Depart-
25、ment Official shall attest as Depart-mental action orders or informal writings issued pursuant to this part which have become the action of the Department (385.52). Doc. T1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985 385.5 Procedures prescribed in other regulations. Procedures se
26、t forth in this part do not supersede procedures applicable to matters on which decision has been as-signed unless otherwise specifically provided herein: Provided, however, That any provisions in other regula-tions which provide for reconsideration of nonhearing determinations are not applicable to
27、 decisions made under au-thority assigned herein or to decisions made upon review thereof by the Re-viewing Official. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo rep
28、roduction or networking permitted without license from IHS-,-,-445 Office of the Secretary, DOT 385.11 385.6 Referral to the Reviewing Offi-cial. When the staff member finds that the public interest so requires, or that, with respect to other than matters re-quiring immediate action as hereafter spe
29、cified, there will be insufficient time for discretionary review of his or her decision upon petition, the staff member shall, in lieu of exercising the authority, submit the matter to the Reviewing Official for decision. In any case in which the staff member finds that immediate action is required
30、with respect to any matter assigned herein, the disposition of which is governed by prior precedent and policy, the staff member may take appropriate action and specify that the filing of a petition for review shall not preclude such ac-tion from becoming effective. 385.7 Exercise of authority by su
31、peri-ors. Any assignment of authority to a staff member other than the Chief Ad-ministrative Law Judge, the Adminis-trative Law Judge, and the Deputy General Counsel, shall also be deemed to be made, severally, to each such staff members respective superiors. In accordance with the Departments princ
32、iple of management responsi-bility, the superior may choose to exer-cise the assigned power personally. Moreover, the Secretary may at any time exercise any authority assigned herein. 385.8 Exercise of authority in act-ing capacity. Unless the assignment provides oth-erwise, staff members serving in
33、 an acting capacity may exercise the au-thority assigned to the staff members for whom they are acting. Subpart BAssignment of Functions to Staff Members 385.10 Authority of Chief Administra-tive Law Judge, Office of Hearings. The Chief Administrative Law Judge has authority to: (a) Consolidate, upo
34、n recommenda-tion of the Director, Office of Inter-national Aviation (or such staff mem-ber of the Office of International Avia-tion as he or she may designate), into one proceeding cases involving the in-vestigation of a tariff or of complaints concerned with related tariffs. (b) With respect to ma
35、tters to be de-cided after notice and hearing: (1) Dismiss applications or com-plaints (except those falling under sub-part D of part 302 of this chapter (Pro-cedural Regulations) when such dis-missal is requested or consented to by the applicant or complainant, or where such party has failed to pro
36、secute such application or complaint; (2) Dismiss proceedings upon his or her finding that the proceeding has be-come moot or that no further basis for continuation exists; and (3) Dismiss an application subject to dismissal as stale under part 302 of this chapter. 49 FR 50985, Dec. 31, 1984, as ame
37、nded at 55 FR 20448, May 17, 1990; 65 FR 6457, Feb. 9, 2000 385.11 Authority of the Administra-tive Law Judges, Office of Hearings. The Administrative Law Judges, Of-fice of Hearings, have authority to take the following actions in matters to which they are respectively as-signed: (a) Grant or deny
38、intervention in for-mal proceedings. (b) With respect to matters to be de-cided after notice and hearing, dismiss applications or complaints (except those falling under subpart D of part 302 of this chapter (Procedural Regula-tions) when such dismissal is re-quested or consented to by the appli-cant
39、 or complainant, or where such party has failed to prosecute such ap-plication or complaint. (c) Grant requests for consolidation of applications for route authority within the scope of the proceeding be-fore him or her, and deny requests for consolidation of applications for route authority not wit
40、hin the scope of the proceeding. (d) Approve or disapprove proposed settlements of enforcement pro-ceedings submitted under 302.215 of this chapter. Docket No. T1, 49 FR 50985, Dec. 31, 1984, as amended at 65 FR 6457, Feb. 9, 2000 VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00455 Fmt
41、8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-446 14 CFR Ch. II (1111 Edition) 385.12 385.12 Authority of the Director, Of-fice of Aviation Analysis. The Director, Office
42、 of Aviation Analysis, has authority: (a) With respect to applications filed under section 41102 to engage in inter-state or foreign scheduled or charter air transportation, section 41103 to en-gage in all-cargo air transportation, or section 41738 to engage in certain com-muter air transportation:
43、(1) To issue an order stating the De-partments intention to process the ap-plication through show-cause proce-dures or other expedited procedures, where that course of action is clear under current policy and precedent. (2) To issue an order to show cause proposing to grant such application in those
44、 cases where no objections to the application have been filed, and where the Department has already found the applicant to be fit, willing and able to provide service of the same basic scope and character. (3) To issue an order, subject to any Presidential review required under sec-tion 41307 of the
45、 Statute, making final an order to show cause issued under paragraph (a)(2) of this section, where no objections to the order to show cause have been filed. (4) To issue an order dismissing an application: (i) When dismissal is requested or consented to by the applicant; (ii) For lack of prosecution
46、; or (iii) When the application has become moot. (5) To review Air Carrier Certificates and Operations Specifications issued by the Federal Aviation Administration to carriers that have been granted cer-tificate or commuter air carrier au-thority, and information concerning those carriers fitness to
47、 operate under that authority that emerged following the issuance of orders establishing their fitness, and (i) To amend orders issuing the cer-tificate or commuter air carrier au-thority to advance the effective dates of the authority if the review is satis-factory; (ii) To stay the effectiveness o
48、f such orders for up to 30 days if the review is unsatisfactory; (iii) To lift the stay of effectiveness imposed under paragraph (a)(5)(ii) of this section when the unsatisfactory conditions that required issuance of the stay have been resolved; or (iv) To issue notices announcing the effective date
49、 of the certificate or com-muter air carrier authority. (b) To approve or deny applications of air carriers: (1) For exemptions from section 41102 or 41103 of the Statute, and from orders issued thereunder, and from applicable regulations under this chapter where the course of action is clear under cur-rent policy or precedent. (2) For waivers of the Departments filing fee requirements under part 389 of this chapter
