Quiero saber acerca de...

DEMI
VOLUME 11

V

,
1934

OAHtED

NUMBER 241

Washington, Thursday, December 12, 1946
Regulations TITLE 14CIVIL AVIATION
.Chapter ICivil Aeronautics Board Civil Air Regs. Amdt. 97-0
P art 97R ules of P ractice G overning S afety Cases Arising U nder S ections
602

AND

609

OF THE C IV IL AERONAUTICS

Act of 1938, as Amended, and P etitions for W aivers of Civil Air R egulations
At a session of the Civil Aeronautics Board held at its office in Washington, D. C., on the 3d day of December 1946.
Effective January 1, 1947, Part 97 of the Civil Air Regulations is amended to read as follows:
Sec.
97.10 Initiation of proceedings.
97.11 Complaint; order to show cause;
allegations.
97.12 Filing of complaint or order to show cause.
97.13 Service.
97.14 Answer.
97.15 Motions to make more definite and certain.
97.16 Request for or waiver of hearing.
97.17 Notice of hearing.
97.18 Amendment of pleadings.
97.19 Appearances.
87.20 Subpoenas.
97.21 Depositions.
97.22 Submission without hearing or ap pearance.
97.23 Hearing cases; initial decision; excep tions; . oral argument.
97.24 Refusal of Administrator to issue air man certificates.
97.25 Petition for waiver of Civil Air Regu lations.
97.26 Stay of order pending judicial review.
97.27 Petition for rehearing, reargument, reconsideration, or modification of order.
97.28 Evidence.
97.29 Trial Examiners; Authority.
97.30 Submittals and decisions.
97.31 Saving clause.
97.32 Applicable rules of Federal Procedure.
Authority : 97.10 to 97.32, inclusive, is sued under sec. 205a, 52 Stat. 984; secs. 1001, 1002, 52 Stat. 1017, 1018; secs. 3, 12, Pub. Law 404, 79th Con., 49 U. S. C. 425 a, 641, 642.

97.10 Initiation of proceedings. A
proceeding may be initiated by the Ad ministrator of Civil Aeronautics as plain
CONTENTS
tiff by filing a complaint wit hthe Board.
In any case where, under the provisions REGULATIONS AND NOTICES
of the Civil Aeronautics Act of 1938, as Page amended, the circumstances, in the opin Civil Aeronautics B oard:
Forms and applications, reports ion of the Board, require action and no of ownership of stock and complaint has been filed by the Adminis other interests by officers trator of Civil Aeronautics, the Board and directors; proposed may institute proceedings on its own ini rules_____________ 14260,14272
tiative by the issuance of an order to show Hearings, etc
cause.
Airlines Negotiation Confer 97.11 Complaint; order to show ence Agreement------------ 14272
cause; allegations. The complaint or or Far Eastern Air Transport, der to show cause shall contain:
In c __________________ 14272
a A short and plain statement of the Rules of practice governing grounds upon which the Boards legal safety cases and petitions authority and jurisdiction rests;
for waivers of civil air reg b A plain statement of the facts ulations; revision of regula which the Administrator or the Board tions___________________ 14257
proposes to establish; and c A statement of the action of the Civilian P roduction Administra tio n :
A dm inistrator requests of the Board, or Priorities system operation PR
which the Board proposes to take on its 33, Sch. A_____________ 14263
own initiative.
Suspension orders, etc.:
97.12 Filing of complaint or order Hill, Mrs. Gertrude C---------- 14266
to show cause. An original and nine cop Price Battery Corp------------- 14273
ies of the complaint or order to show Shrader, William M., and cause, either in printed or typewritten Leonard Miller------------- 14273
form, shall be filed with the Docket sec Toomey, John, and Warren tion of the Board.
K rill________ ________ 14266
Wong, James, and Theodore 97.13 Service. When a complaint or Detamore____________ 14265
order to show cause is filed the Safety Legal Division shall send a copy thereof D efense T ransportation, O ffice of:
by registered mail, return receipt re Rail equipment, conservation;
quested, to the defendant, together with restrictions on passenger a copy of these rules of practice and a and special train service 14272
statement concerning hearing as pro vided in 97.16. The complaint or or F ederal P ower Commission :
Consolidated Gas Utilities Corp., der to show cause will be deemed served hearing------------------------ 14273
upon the defendant on the date speci H ousing E xpediter, O ffice of : , fied on the postal return receipt.
Premium payments:
97.14 Answer. After service upon Brick, sand-lime; meaning 14261
him of the complaint or order to show Nails, housing------------------- 14261
cause the defendant shall have ten days Priorities regulations; prefabri within which to answer in writing the cated housing--------14260
allegations set forth therein. Such an I nternal R evenue B ureau:
swer shall be deemed filed as of the date Organization__ ------------------ 14261
of mailing to the Civil Aeronautics Board Procedure__________________ 14261
properly addressed and postage prepaid. I nterstate Commerce Commission :
Failure to answer any of the allegations Car service:
within the prescribed ten-day period Company material, backhaulshall be deemed an admission of the ing prohibited--------- 14271
allegations not answered. Upon good Grain, movement to terminal cause shown, the examiner to whom the elevators by permit------- 14272
Refrigerator cars, giant------- 14271
Continued on next page 14257