[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: 14CFR303.04]

[Page 328]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 303--REVIEW OF AIR CARRIER AGREEMENTS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 303.04  General rules governing application content, procedure and conditions of approval.

    (a) Unless specifically exempted by these regulations or by an order 
of the Assistant Secretary, a person filing an application pursuant to 
Sec. 303.03 of this part shall prepare and file the application in the 
manner specified in this section. The application shall also contain the 
information required by subpart D of this part. An application may be 
deemed incomplete if it is not in substantial compliance with these 
requirements.
    (b) The parties to the transaction may file either separate 
applications or one joint application so long as all the information 
required herein is submitted for each party to the transaction. The 
Assistant Secretary or Administrative Law Judge, if the matter has been 
assigned to a judge, upon his or her initiative or upon application, may 
order the target company or other persons to submit some or all of the 
information required by this subpart, or other information under 14 CFR 
302.25.
    (c) Each page of the application and each document submitted with 
the application shall be marked with the name, initials, or some other 
identifying symbol of the applicant. The application shall also indicate 
the date of preparation and the name and corporate position of the 
preparer.
    (d) Where the required information is in data processing equipment, 
on microfilm, or is otherwise not eye-readable, the applicant shall 
provide such information in eye-readable form.
    (e) The information provided by the applicant shall be updated in a 
timely fashion throughout the period of consideration of the 
application.
    (f) If any information or documents required by the applicable 
subpart are not available, the applicants shall file an affidavit 
executed by the individual responsible for the search explaining why 
they cannot be produced.
    (g) The Assistant Secretary or the Administrative Law Judge may 
order any applicant to submit information in addition to that required 
by the applicable subpart.
    (h) An applicant may withhold a document required by this part on 
the grounds that it is privileged, but each document so withheld shall 
be identified and the applicant shall supply a brief description of the 
nature of the document, a written statement indicating the basis of the 
privilege claimed, and the names of the preparers and recipients of the 
document. If any interested party contests the assertion of privilege, 
the document shall be promptly submitted to the Assistant Secretary, or 
the Administrative Law Judge, if the matter has been assigned to a 
Judge. Where appropriate, an in camera inspection may be ordered.
    (i) The person submitting the application to the Department shall 
send a complete copy of the application to the Chief, Transportation 
Section, Antitrust Division of the Department of Justice, at the same 
time as it is filed with the Documentary Services Division.
    (j) The applicant shall, if requested, be responsible for 
expeditiously providing the application to any interested person, 
whether or not a party.
    (k) Unless otherwise specified in this subpart, all applications 
shall conform generally to the requirements set forth in 14 CFR part 
302, subpart A.
    (l) In exceptional circumstances, the Assistant Secretary may waive 
or alter the procedural requirements of this part to permit a 
transaction to proceed on an expedited basis.

[50 FR 31142, July 31, 1985, as amended by Amdt. 302-2, 54 FR 33499, 
Aug. 15, 1989; 65 FR 6456, Feb. 9, 2000]