[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR302.18]



[Page 284-285]

 

                     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 285]]



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.