[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.14]

[Page 281-282]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 302--RULES OF PRACTICE IN PROCEEDINGS--Table of Contents
 
                Subpart A--Rules of General Applicability
 
Sec. 302.14  Petitions for reconsideration.

    (a) Department orders subject to reconsideration; time for filing. 
(1) Unless an order or a rule of the Department specifically provides 
otherwise:
    (i) Any interested person may file a petition for reconsideration of 
any interlocutory order issued by the Department that institutes a 
proceeding; and
    (ii) Any party to a proceeding may file a petition for 
reconsideration, rehearing, or reargument of final orders issued by the 
Department (See Sec. 302.38), or an interlocutory order that defines the 
scope and issues of a proceeding or suspends a provision of a tariff on 
file with the Department.
    (2) Unless otherwise provided, petitions for reconsideration shall 
be filed, in the case of a final order, within twenty (20) days after 
service thereof, and, in the case of an interlocutory order, within ten 
(10) days after service. However, neither the filing nor the granting of 
such a petition shall operate as a stay of such final or interlocutory 
order unless specifically so ordered by the DOT decisionmaker. Within 
ten (10) days after a petition for reconsideration, rehearing, or 
reargument is filed, any party to the proceeding may file an answer in 
support of or in opposition. Motions for extension of time to file a 
petition or answer, and for leave to file a petition or answer after the 
time for the filing has expired, will not be granted except on a showing 
of unusual and exceptional circumstances, constituting good cause for 
the movant's inability to meet the established procedural dates.
    (b) Contents of petition. A petition for reconsideration, rehearing, 
or reargument shall state, briefly and specifically, the matters of 
record alleged to have been erroneously decided, the ground relied upon, 
and the relief sought. If a decision by the Secretary or Deputy 
Secretary is requested, the petition should describe in detail the 
reasons for such request and specify any important national 
transportation policy issues that are presented. If the petition is 
based, in whole or in part, on allegations as to the consequences that 
would result from the final order, the basis of such allegations shall 
be set forth. If the petition is based, in whole or in part, on new 
matter, such new matter shall be set forth, accompanied by a statement 
to the effect that petitioner, with due diligence, could not have known 
or discovered such new matter prior to the date the case was submitted 
for decision. Unless otherwise directed by the DOT decisionmaker upon a 
showing of unusual or exceptional circumstances, petitions for 
reconsideration, rehearing or reargument or answers thereto that exceed 
twenty-five (25) pages (including appendices) in length shall not be 
accepted for filing by Department of Transportation Dockets.
    (c) Successive petitions. A successive petition for rehearing, 
reargument, reconsideration filed by the same party or person, and upon 
substantially the same ground as a former petition that has been 
considered or denied will not be entertained.

[[Page 282]]

                         Non-Hearing Proceedings