[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: 14CFR302.3]



[Page 275-277]

 

                     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. 302.3  Filing of documents.





    (a) Filing address, date of filing, hours. (1) Documents required by 

any section



[[Page 276]]



of this part to be filed with the Department must be filed with 

Department of Transportation Dockets at the Department's offices in 

Washington, DC. Documents may be filed either on paper or by electronic 

means using the process set at the DOT Dockets Management System (DMS) 

internet website.

    (2) Such documents will be deemed to be filed on the date on which 

they are actually received by the Department. Documents must be filed 

between the hours of 9:00 a.m. and 5:00 p.m., eastern standard or 

daylight savings time, whichever is in effect in the District of 

Columbia at the time, Monday to Friday, inclusive, except on legal 

holidays. Electronic filings may be made at any time under the process 

set by the Department. Electronic filings that are received after the 

specified Dockets Facility hours shall be deemed to be constructively 

received on the next Dockets Facility business day.

    (b) Formal specifications of documents. (1) Documents filed under 

this part must be on white paper not larger than 8\1/2\ by 11 inches, 

including any tables, charts and other documents that may be included. 

Ink must be black to provide substantial contrast for scanning and 

photographic reproduction. Text must be double-spaced (except for 

footnotes and long quotations which may be single-spaced) using type not 

smaller than 12 point. The left margin must be at least 1\1/2\ inches; 

all other margins must be at least 1 inch. The title page and first page 

must bear a clear date and all subsequent pages must bear a page number 

and abbreviated heading. In order to facilitate automated processing in 

document sheet feeders, documents of more than one page should be held 

together with removable metal clips or similar retainers. Original 

documents may not be bound in any form or include tabs, except in cases 

assigned by order to an Administrative Law Judge for hearing, in which 

case the filing requirements will be set by order. Section 302.35 

contains additional requirements as to the contents and style of briefs.

    (2) Papers may be reproduced by any duplicating process, provided 

all copies are clear and legible. Appropriate notes or other indications 

must be used, so that the existence of any matters shown in color on the 

original will be accurately indicated on all copies.

    (c) Number of copies. Unless otherwise specified, an executed 

original, along with the number of true copies set forth below for each 

type of proceeding, must be filed with Department of Transportation 

Dockets. The copies filed need not be signed, but the name of the person 

signing the original document, as distinguished from the firm or 

organization he or she represents, must also be typed or printed on all 

copies below the space provided for signature. Electronic filers need 

only submit one copy of the document, which must conform to the 

submission requirements given in the electronic filing instructions at 

the specified DOT DMS internet website and in this part, as applicable.



------------------------------------------------------------------------

                                                                 Number

                                                               of copies

------------------------------------------------------------------------

Airport Fees.................................................          9

Agreements:

    International Air Transport Association (IATA)...........          6

    Other (under 49 U.S.C. 41309)............................          9

Complaints:

    Enforcement..............................................          5

    Mail Contracts...........................................          4

    Rates, Fares and Charges in Foreign Air Transportation...          6

    Unfair Practices in Foreign Air Transportation...........          7

Employee Protection Program (14 CFR 314).....................          7

Exemptions:

    Computer Reservations Systems (14 CFR 255)...............          8

    Slot Exemptions (under 49 U.S.C. 41714)..................          7

    Tariffs (under 49 U.S.C. Chapter 415 or 14 CFR 221)......          5

    Other (under 49 U.S.C. 40109)............................          7

Foreign Air Carrier Permits/Exemptions.......................          7

International Authority for U.S. Air Carriers (certificates,           7

 exemptions, allocation of limited frequencies, designations,

 or charters)................................................

Mail Rate Proceedings........................................          4

Name Change/Trade Name Registrations.........................          4

Suspension of Service (14 CFR 323)...........................          4

Tariff Justifications to exceed Standard International Fare            6

 Level.......................................................

U.S. Air Carrier Certificates (involving Initial or                    6

 Continuing Fitness).........................................

Other matters................................................          3

------------------------------------------------------------------------



    (d) Prohibition and dismissal of certain documents. (1) No document 

that is subject to the general requirements of this subpart concerning 

form, filing, subscription, service or similar matters will be accepted 

for filing by the Department, and will not be physically incorporated in 

the docket of the proceeding, unless:



[[Page 277]]



    (i) Such document and its filing by the person submitting it have 

been expressly authorized or required in the Statute, any other law, 

this part, other Department regulations, or any order, notice or other 

document issued by the DOT decisionmaker, the Chief Administrative Law 

Judge or an administrative law judge assigned to the proceeding, and

    (ii) Such document complies with each of the requirements of this 

paragraph and 302.7, and for those electronically filed, the 

requirements specified at the DOT DMS internet website, and is submitted 

as a formal application, complaint, petition, motion, answer, pleading, 

or similar paper rather than as a letter, telegram, or other informal 

written communication; Provided, however, That for good cause shown, 

pleadings of any public body or civic organization or comments 

concerning tariff agreements that have not been docketed, may be 

submitted in the form of a letter.

    (2) If any document initiating, or filed in, a proceeding is not in 

substantial conformity with the applicable rules or regulations of the 

Department as to the contents thereof, or is otherwise insufficient, the 

Department, on its own initiative, or on motion of any party, may 

reject, strike or dismiss such document, or require its amendment.

    (e) Official docket copy. With respect to all documents filed under 

this part, the electronic record produced by the Department shall 

thereafter be the official docket copy of the document and any 

subsequent copies generated by the Department's electronic records 

system will be usable for admission as record copies in any proceeding 

before the Department.

    (f) Retention of documents by the Department. All documents filed 

with or presented to the Department Dockets will be retained in the 

permanent docket of the Department of Transportation.