[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: 14CFR302.18]

[Page 287-288]
 
                     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. 302.18  DOT decisionmaker.

    (a) Assistant Secretary for Aviation and International Affairs. 
Except as provided in paragraphs (b) and (c) of this section, the 
Assistant Secretary for Aviation and International Affairs is the

[[Page 288]]

DOT decisionmaker. The Assistant Secretary shall have all of the powers 
set forth in Sec. 302.17(a)(1) and those additional powers delegated by 
the Secretary. The Assistant Secretary may delegate this authority in 
appropriate non-hearing cases to subordinate officials.
    (b) Oral hearing cases assigned to the senior career official. 
Carrier selection proceedings for international route authority that are 
set for oral hearing and such other oral hearing cases as the Secretary 
deems appropriate will be assigned to the senior career official in the 
Office of the Assistant Secretary for Aviation and International 
Affairs, who will serve as the DOT decisionmaker. In all such cases, the 
administrative law judge shall render a recommended decision to the 
senior career official, who shall have all of the powers set forth in 
Sec. 302.17(a)(1) and those additional powers delegated by the 
Secretary.
    (1) Decisions of the senior career official are subject to review 
by, and at the discretion of, the Assistant Secretary for Aviation and 
International Affairs. Petitions for discretionary review of decisions 
of the senior career official will not be entertained. A notice of 
review by the Assistant Secretary will establish the procedures for 
review. Unless a notice of review is issued, the decision of the senior 
career official will be issued as a final decision of the Department and 
will be served fourteen (14) days after it is adopted by the senior 
career official.
    (2) Final decisions of the senior career official may be reviewed 
upon a petition for reconsideration filed pursuant to Sec. 302.14. Such 
a petition shall state clearly the basis for requesting reconsideration 
and shall specify any questions of national transportation policy that 
may be involved. The Assistant Secretary will either grant or deny the 
petition.
    (3) Upon review or reconsideration, the Assistant Secretary may 
either affirm the decision or remand the decision to the senior career 
official for further action consistent with such order of remand.
    (4) Subject to the provisions of paragraphs (b)(1) through (3) of 
this section, final decisions of the senior career official will be 
transmitted to the President of the United States when required under 49 
U.S.C. 41307.
    (c) Secretary and Deputy Secretary. The Secretary or Deputy 
Secretary may exercise any authority of the Assistant Secretary whenever 
he or she believes a decision involves important questions of national 
transportation policy.