14 CFR 302.32 - Petitions for discretionary review of initial or recommended decisions; review proceedings.

§ 302.32 Petitions for discretionary review of initial or recommended decisions; review proceedings.
(a) Petitions for discretionary review.
(1) Review by the DOT decisionmaker pursuant to this section is not a matter of right but is at the sole discretion of the DOT decisionmaker. Any party may file and serve a petition for discretionary review by the DOT decisionmaker of an initial decision or recommended decision within twenty-one (21) days after service thereof, unless the DOT decisionmaker sets a different period for filing.
(2) Petitions for discretionary review shall be filed only upon one or more of the following grounds:
(i) A finding of a material fact is erroneous;
(ii) A necessary legal conclusion is without governing precedent or is a departure from or contrary to law, the Department's rules, or precedent;
(iii) A substantial and important question of law, policy or discretion is involved; or
(iv) A prejudicial procedural error has occurred.
(3) Each issue shall be separately numbered and plainly and concisely stated. Petitioners shall not restate the same point in repetitive discussions of an issue. Each issue shall be supported by detailed citations of the record when objections are based on the record, and by statutes, regulations or principal authorities relied upon. Any matters of fact or law not argued before the administrative law judge, but that the petitioner proposes to argue on brief to the DOT decisionmaker, shall be stated.
(4) Petitions for discretionary review shall be self-contained and shall not incorporate by reference any part of another document. Except by permission of the DOT decisionmaker, petitions shall not exceed twenty (20) pages including appendices and other papers physically attached to the petition.
(5) Requests for oral argument on petitions for discretionary review will not be entertained by the DOT decisionmaker.
(b) Answers. Within fifteen (15) days after service of a petition for discretionary review, any party may file and serve an answer of not more than fifteen (15) pages in support of or in opposition to the petition. If any party desires to answer more than one petition for discretionary review in the same proceeding, he or she shall do so in a single document of not more than twenty (20) pages.
(c) Orders declining review. The DOT decisionmaker's order declining to exercise the discretionary right of review will specify the date upon which the administrative law judge's decision shall become effective as the final decision of the Department. A petition for reconsideration of a Department order declining review will be entertained only when the order exercises, in part, the DOT decisionmaker's discretionary right of review, and such petition shall be limited to the single question of whether any issue designated for review and any issue not so designated are so inseparably interrelated that the former cannot be reviewed independently or that the latter cannot be made effective before the final decision of the Department in the review proceeding.
(d) Review proceedings.
(1) The DOT decisionmaker may take review of an initial or recommended decision upon petition or on his or her own initiative or both. The DOT decisionmaker will issue a final order upon such review without further proceedings on any or all the issues where he or she finds that matters raised do not warrant further proceedings.
(2) Where the DOT decisionmaker desires further proceedings, he or she will issue an order for review that will:
(i) Specify the issues to which review will be limited. Only those issues specified in the order shall be argued on brief to the DOT decisionmaker, pursuant to § 302.35, and considered by the DOT decisionmaker;
(ii) Specify the portions of the administrative law judge's decision, if any, that are to be stayed as well as the effective date of the remaining portions thereof; and
(iii) Designate the parties to the review proceeding.

Title 14 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 39 - POSTAL SERVICE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 49 - TRANSPORTATION

§ 101 - Purpose

§ 102 - Department of Transportation

§ 103 - Federal Railroad Administration

§ 104 - Federal Highway Administration

§ 105 - National Highway Traffic Safety Administration

§ 106 - Federal Aviation Administration

§ 107 - Federal Transit Administration

§ 108 - Pipeline and Hazardous Materials Safety Administration

§ 109 - Maritime Administration

§ 110 - Saint Lawrence Seaway Development Corporation

§ 111 - Repealed.

§ 112 - Office of the Assistant Secretary for Research and Technology of the Department of Transportation

§ 113 - Federal Motor Carrier Safety Administration

§ 114 - Transportation Security Administration

§ 115 - Transportation Security Oversight Board

§ 40101 - Policy

§ 40102 - Definitions

§ 40103 - Sovereignty and use of airspace

§ 40104 - Promotion of civil aeronautics and safety of air commerce

§ 40105 - International negotiations, agreements, and obligations

§ 40106 - Emergency powers

§ 40107 - Presidential transfers

§ 40108 - Training schools

§ 40109 - Authority to exempt

§ 40110 - General procurement authority

§ 40111 - Multiyear procurement contracts for services and related items

§ 40112 - Multiyear procurement contracts for property

§ 40113 - Administrative

§ 40114 - Reports and records

§ 40115 - Withholding information

§ 40116 - State taxation

§ 40117 - Passenger facility charges

§ 40118 - Government-financed air transportation

§ 40119 - Security and research and development activities

§ 40120 - Relationship to other laws

§ 40121 - Air traffic control modernization reviews

§ 40122 - Federal Aviation Administration personnel management system

§ 40123 - Protection of voluntarily submitted information

§ 40124 - Interstate agreements for airport facilities

§ 40125 - Qualifications for public aircraft status

§ 40126 - Severable services contracts for periods crossing fiscal years

§ 40127 - Prohibitions on discrimination

§ 40128 - Overflights of national parks

§ 40129 - Collaborative decisionmaking pilot program

§ 41101 - Requirement for a certificate

§ 41102 - General, temporary, and charter air transportation certificates of air carriers

§ 41103 - All-cargo air transportation certificates of air carriers

§ 41104 - Additional limitations and requirements of charter air carriers

§ 41105 - Transfers of certificates

§ 41106 - Airlift service

§ 41107 - Transportation of mail

§ 41108 - Applications for certificates

§ 41109 - Terms of certificates

§ 41110 - Effective periods and amendments, modifications, suspensions, and revocations of certificates

§ 41111 - Simplified procedure to apply for, amend, modify, suspend, and transfer certificates

§ 41112 - Liability insurance and financial responsibility

§ 41113 - Plans to address needs of families of passengers involved in aircraft accidents

§ 41301 - Requirement for a permit

§ 41302 - Permits of foreign air carriers

§ 41303 - Transfers of permits

§ 41304 - Effective periods and amendments, modifications, suspensions, and revocations of permits

§ 41305 - Applications for permits

§ 41306 - Simplified procedure to apply for, amend, modify, and suspend permits

§ 41307 - Presidential review of actions about foreign air transportation

§ 41308 - Exemption from the antitrust laws

§ 41309 - Cooperative agreements and requests

§ 41310 - Discriminatory practices

§ 41311 - Gambling restrictions

§ 41312 - Ending or suspending foreign air transportation

§ 41313 - Plans to address needs of families of passengers involved in foreign air carrier accidents

§ 41501 - Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign air transportation

§ 41502 - Establishing joint prices for through routes with other carriers

§ 41503 - Establishing joint prices for through routes provided by State authorized carriers

§ 41504 - Tariffs for foreign air transportation

§ 41505 - Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter air carriers

§ 41506 - Price division filing requirements for foreign air transportation

§ 41507 - Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation

§ 41508 - Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation

§ 41509 - Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air transportation

§ 41510 - Required adherence to foreign air transportation tariffs

§ 41511 - Special prices for foreign air transportation

§ 41701 - Classification of air carriers

§ 41702 - Interstate air transportation

§ 41703 - Navigation of foreign civil aircraft

§ 41704 - Transporting property not to be transported in aircraft cabins

§ 41705 - Discrimination against handicapped individuals

§ 41706 - Prohibitions against smoking on passenger flights

§ 41707 - Incorporating contract terms into written instrument

§ 41708 - Reports

§ 41709 - Records of air carriers

§ 41710 - Time requirements

§ 41711 - Air carrier management inquiry and cooperation with other authorities

§ 41712 - Unfair and deceptive practices and unfair methods of competition

§ 41713 - Preemption of authority over prices, routes, and service

§ 41714 - Availability of slots

§ 41715 - Phase-out of slot rules at certain airports

§ 41716 - Interim slot rules at New York airports

§ 41717 - Interim application of slot rules at Chicago O’Hare International Airport

§ 41718 - Special rules for Ronald Reagan Washington National Airport

§ 41719 - Air service termination notice

§ 41720 - Joint venture agreements

§ 41721 - Reports by carriers on incidents involving animals during air transport

§ 41722 - Delay reduction actions

§ 41723 - Notice concerning aircraft assembly

§ 41901 - General authority

§ 41902 - Schedules for certain transportation of mail

§ 41903 - Duty to provide certain transportation of mail

§ 41904 - Noncitizens transporting mail

§ 41905 - Emergency mail transportation

§ 41906 - Duty to oppose unreasonable prices under the Universal Postal Union Convention

§ 41907 - Weighing mail

§ 41908 - Effect on foreign postal arrangements

§ 41909

§ 41910

§ 41911 - Repealed.

§ 41912

§ 46101 - Complaints and investigations

§ 46102 - Proceedings

§ 46103 - Service of notice, process, and actions

§ 46104 - Evidence

§ 46105 - Regulations and orders

§ 46106 - Enforcement by the Department of Transportation

§ 46107 - Enforcement by the Attorney General

§ 46108 - Enforcement of certificate requirements by interested persons

§ 46109 - Joinder and intervention

§ 46110 - Judicial review

§ 46111 - Certificate actions in response to a security threat

§ 46301 - Civil penalties

§ 46302 - False information

§ 46303 - Carrying a weapon

§ 46304 - Liens on aircraft

§ 46305 - Actions to recover civil penalties

§ 46306 - Registration violations involving aircraft not providing air transportation

§ 46307 - Violation of national defense airspace

§ 46308 - Interference with air navigation

§ 46309 - Concession and price violations

§ 46310 - Reporting and recordkeeping violations

§ 46311 - Unlawful disclosure of information

§ 46312 - Transporting hazardous material

§ 46313 - Refusing to appear or produce records

§ 46314 - Entering aircraft or airport area in violation of security requirements

§ 46315 - Lighting violations involving transporting controlled substances by aircraft not providing air transportation

§ 46316 - General criminal penalty when specific penalty not provided

§ 46317 - Criminal penalty for pilots operating in air transportation without an airman’s certificate

§ 46318 - Interference with cabin or flight crew

§ 46319 - Permanent closure of an airport without providing sufficient notice

§ 47101 - Policies

§ 47102 - Definitions

§ 47103 - National plan of integrated airport systems

§ 47104 - Project grant authority

§ 47105 - Project grant applications

§ 47106 - Project grant application approval conditioned on satisfaction of project requirements

§ 47107 - Project grant application approval conditioned on assurances about airport operations

§ 47108 - Project grant agreements

§ 47109 - United States Government’s share of project costs

§ 47110 - Allowable project costs

§ 47111 - Payments under project grant agreements

§ 47112 - Carrying out airport development projects

§ 47113 - Minority and disadvantaged business participation

§ 47114 - Apportionments

§ 47115 - Discretionary fund

§ 47116 - Small airport fund

§ 47117 - Use of apportioned amounts

§ 47118 - Designating current and former military airports

§ 47119 - Terminal development costs

§ 47120 - Grant priority

§ 47121 - Records and audits

§ 47122 - Administrative

§ 47123 - Nondiscrimination

§ 47124 - Agreements for State and local operation of airport facilities

§ 47125 - Conveyances of United States Government land

§ 47126 - Criminal penalties for false statements

§ 47127 - Ground transportation demonstration projects

§ 47128 - State block grant program

§ 47129 - Resolution of disputes concerning airport fees

§ 47130 - Airport safety data collection

§ 47131 - Annual report

§ 47132 - Repealed.

§ 47133 - Restriction on use of revenues

§ 47134 - Pilot program on private ownership of airports

§ 47135 - Innovative financing techniques

§ 47136 - Inherently low-emission airport vehicle pilot program

§ 47137 - Airport security program

§ 47138 - Pilot program for purchase of airport development rights

§ 47139 - Emission credits for air quality projects

§ 47140 - Airport ground support equipment emissions retrofit pilot program

§ 47141 - Compatible land use planning and projects by State and local governments

§ 47142 - Design-build contracting