[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.13]

[Page 285-286]
 
                     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. 302.13  Consolidation of proceedings.

    (a) Initiation of consolidations. The Department, upon its own 
initiative or upon motion, may consolidate for hearing or for other 
purposes or may contemporaneously consider two or more proceedings that 
involve substantially the same parties, or issues that are the same or 
closely related, if it finds that such consolidation or contemporaneous 
consideration will be conducive to the proper dispatch of its business 
and to the ends of justice and will not unduly delay the proceedings. 
Although the Department may, in any particular case, consolidate or 
contemporaneously consider two or more proceedings on its own motion, 
the burden of seeking consolidation or contemporaneous consideration of 
a particular application shall rest upon the applicant and the 
Department will not undertake to search its docket for all applications 
that might be consolidated or contemporaneously considered.
    (b) Time for filing. Unless the Department has provided otherwise in 
a particular proceeding, a motion to consolidate or contemporaneously 
consider an application with any other application shall be filed within 
21 days of the original application in the case of international route 
awards under section 41102 of the Statute (see Sec. 302.212), or, where 
a proceeding has

[[Page 286]]

been set for hearing before an administrative law judge, not later than 
the prehearing conference in the proceeding with which consolidation or 
contemporaneous consideration is requested. If made at such conference, 
the motion may be oral. All motions for consolidation or consideration 
of issues that enlarge, expand, or otherwise change the nature of the 
proceeding shall be addressed to the DOT decisionmaker, unless made 
orally at the prehearing conference, in which event the presiding 
administrative law judge shall present such motion to the DOT 
decisionmaker for his or her decision. A motion that is not timely 
filed, or that does not relate to an application pending at such time, 
shall be dismissed unless the movant shall clearly show good cause for 
failure to file such motion or application on time.
    (c) Answer. If a motion to consolidate two or more proceedings is 
filed with the Department, any party to any of such proceedings, or any 
person who has a petition for intervention pending, may file an answer 
to such motion within such period as the DOT decisionmaker may permit. 
The administrative law judge may require that answers to such motions be 
stated orally at the prehearing conference in the proceeding with which 
the consolidation is proposed.