[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR14.11]

[Page 74-75]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 14--RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980--Table of Contents
 
             Subpart B--Information Required From Applicants
 
Sec. 14.11  Net worth exhibit.

    (a) Each applicant except a qualified tax-exempt organization or 
cooperative association must provide with its application a detailed 
exhibit showing the net worth of the applicant and any affiliates when 
the proceeding was initiated. If any individual, corporation, or other 
entity directly or indirectly controls or owns a majority of the voting 
shares or other interest of the applicant, or if the applicant directly 
or indirectly owns or controls a majority of the voting shares or other 
interest of any corporation or other entity, the exhibit must include a 
showing of the net worth of all such affiliates or of the applicant 
including the affiliates. The exhibit may be in any form convenient to 
the applicant that provides full disclosure of the applicant's and its 
affiliates' assets and liabilities and is sufficient to determine 
whether the applicant qualifies under the standards in this part. The 
administrative law judge may require an applicant to file additional 
information to determine the eligibility for an award.
    (b) The net worth exhibit shall describe any transfers of assets 
from, or obligations incurred by, the applicant or any affiliate, 
occurring in the one-year period prior to the date on which the 
proceeding was initiated, that reduced the net worth of the applicant 
and its affiliates below the applicable net worth ceiling. If there were 
no such transactions, the applicant shall so state.
    (c) Ordinarily, the net worth exhibit will be included in the public 
record of the proceeding. However, an applicant that objects to public 
disclosure of the net worth exhibit, or any part of it, may submit that 
portion of the exhibit directly to the ALJ or adjudicative officer in a 
sealed envelope labeled ``Confidential Financial Information,'' 
accompanied by a motion to withhold the information.
    (1) The motion shall describe the information sought to be withheld 
and explain, in detail, why it should be exempt under applicable law or 
regulation, why public disclosure would adversely affect the applicant, 
and why disclosure is not required in the public interest.
    (2) The net worth exhibit shall be served on the FAA counsel, but 
need not be served on any other party to the proceeding.
    (3) If the ALJ or adjudicative officer finds that the net worth 
exhibit, or any part of it, should not be withheld from disclosure, it 
shall be placed in the public record of the proceeding. Otherwise, any 
request to inspect or copy

[[Page 75]]

the exhibit shall be disposed of in accordance with the FAA's 
established procedures.

[54 FR 46199, Nov. 1, 1989, as amended by Amdt. 14-03, 64 FR 32935, June 
18, 1999]