[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: 14CFR303.04]



[Page 329-330]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 303_REVIEW OF AIR CARRIER AGREEMENTS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 303.04  General rules governing application content, procedure 

and conditions of approval.



    (a) Unless specifically exempted by these regulations or by an order 

of the Assistant Secretary, a person filing an application pursuant to 

Sec. 303.03 of this part shall prepare and file the application in the 

manner specified in this section. The application shall also contain the 

information required by subpart D of this part. An application may be 

deemed incomplete if it is not in substantial compliance with these 

requirements.

    (b) The parties to the transaction may file either separate 

applications or one joint application so long as all the information 

required herein is submitted for each party to the transaction. The 

Assistant Secretary or Administrative Law Judge, if the matter has been 

assigned to a judge, upon his or her initiative or upon application, may 

order the target company or other persons to submit some or all of the 

information required by this subpart, or other information under 14 CFR 

302.25.

    (c) Each page of the application and each document submitted with 

the application shall be marked with the



[[Page 330]]



name, initials, or some other identifying symbol of the applicant. The 

application shall also indicate the date of preparation and the name and 

corporate position of the preparer.

    (d) Where the required information is in data processing equipment, 

on microfilm, or is otherwise not eye-readable, the applicant shall 

provide such information in eye-readable form.

    (e) The information provided by the applicant shall be updated in a 

timely fashion throughout the period of consideration of the 

application.

    (f) If any information or documents required by the applicable 

subpart are not available, the applicants shall file an affidavit 

executed by the individual responsible for the search explaining why 

they cannot be produced.

    (g) The Assistant Secretary or the Administrative Law Judge may 

order any applicant to submit information in addition to that required 

by the applicable subpart.

    (h) An applicant may withhold a document required by this part on 

the grounds that it is privileged, but each document so withheld shall 

be identified and the applicant shall supply a brief description of the 

nature of the document, a written statement indicating the basis of the 

privilege claimed, and the names of the preparers and recipients of the 

document. If any interested party contests the assertion of privilege, 

the document shall be promptly submitted to the Assistant Secretary, or 

the Administrative Law Judge, if the matter has been assigned to a 

Judge. Where appropriate, an in camera inspection may be ordered.

    (i) The person submitting the application to the Department shall 

send a complete copy of the application to the Chief, Transportation 

Section, Antitrust Division of the Department of Justice, at the same 

time as it is filed with the Documentary Services Division.

    (j) The applicant shall, if requested, be responsible for 

expeditiously providing the application to any interested person, 

whether or not a party.

    (k) Unless otherwise specified in this subpart, all applications 

shall conform generally to the requirements set forth in 14 CFR part 

302, subpart A.

    (l) In exceptional circumstances, the Assistant Secretary may waive 

or alter the procedural requirements of this part to permit a 

transaction to proceed on an expedited basis.



[50 FR 31142, July 31, 1985, as amended by Amdt. 302-2, 54 FR 33499, 

Aug. 15, 1989; 65 FR 6456, Feb. 9, 2000]