§ 385.12 Authority of the Director, Office of Aviation Analysis. The Director, Office of Aviation Analysis, has authority: ( a ) With respect to applications filed under section 41102 to engage in interstate or foreign scheduled or charter air transportation, section 41103 to engage in all-cargo air transportation, or section 41738 to engage in certain commuter air transportation: ( 1 ) To issue an order stating the Department's intention to process the application through show-cause procedures or other expedited procedures, where that course of action is clear under current policy and precedent.
( 2 ) To issue an order to show cause proposing to grant such application in those cases where no objections to the application have been filed, and where the Department has already found the applicant to be fit, willing and able to provide service of the same basic scope and character.
( 3 ) To issue an order, subject to any Presidential review required under section 41307 of 49 U.S.C. Subtitle VII, making final an order to show cause issued under paragraph (a)(2) of this section, where no objections to the order to show cause have been filed.
( 4 ) To issue an order dismissing an application: ( i ) When dismissal is requested or consented to by the applicant;
( ii ) For lack of prosecution; or
( iii ) When the application has become moot.
( 5 ) To review Air Carrier Certificates and Operations Specifications issued by the Federal Aviation Administration to carriers that have been granted certificate or commuter air carrier authority, and information concerning those carriers' fitness to operate under that authority that emerged following the issuance of orders establishing their fitness, and— ( i ) To amend orders issuing the certificate or commuter air carrier authority to advance the effective dates of the authority if the review is satisfactory;
( ii ) To stay the effectiveness of such orders for up to 30 days if the review is unsatisfactory;
( iii ) To lift the stay of effectiveness imposed under paragraph (a)(5)(ii) of this section when the unsatisfactory conditions that required issuance of the stay have been resolved; or
( iv ) To issue notices announcing the effective date of the certificate or commuter air carrier authority.
( b ) To approve or deny applications of air carriers: ( 1 ) For exemptions from section 41102 or 41103of 49 U.S.C. Subtitle VII, and from orders issued thereunder, and from applicable regulations under this chapter where the course of action is clear under current policy or precedent.
( 2 ) For waivers of the Department's filing fee requirements under part 389 of this chapter, in accordance with current policy or precedent.
( 3 ) For relief under section 40109 of 49 U.S.C. Subtitle VII to hold out, arrange, and coordinate the operation of air ambulance flights as indirect air carriers in accordance with established precedent.
( c ) To waive the deadlines in § 377.10(c) of this chapter for filing applications for the renewal of temporary authorizations when, in the Director's judgment, the public interest would be served. The provisions of § 377.10(d) of this chapter shall apply in the same manner as to a timely filed application.
( d ) With respect to air carrier names: ( 1 ) To register names and trade names of certificated and commuter air carriers pursuant to part 215 of this chapter.
( 2 ) To reissue certificates issued under sections 41102 or 41103 of 49 U.S.C. Subtitle VII when revisions thereof are necessitated by a change in the name of a carrier, provided that no issue of substance concerning the operating authority of the carrier is involved.
( e ) To approve, deny, or cancel registrations filed with the Department by air taxi operators pursuant to part 298 of this chapter.
( f ) To approve certificates of insurance filed with the Department on behalf of U.S. and foreign air carriers in accordance with the provisions of part 205 of this chapter.
( g ) With respect to mail rates: ( 1 ) To issue show-cause orders proposing to make modifications of a technical nature in the mail rate formula applicable to temporary or final service mail rate orders.
( 2 ) To issue final orders establishing temporary and final service mail rates: ( i ) In those cases where no objection has been filed following release of the show-cause order, and where the rates established are the same as those proposed in the show-cause order; and
( ii ) In those cases where it is necessary to make modifications of a technical nature in the rates proposed in the show-cause order.
( 3 ) To issue final orders amending mail rate orders of air carriers to reflect changes in the names of the carriers subject to the orders.
( 4 ) To issue a letter, in the case of air mail contracts filed with the Department under part 302 of this chapter against which no complaints have been filed, stating that the contract will not be disapproved by the Department and may become effective immediately.
( 5 ) To issue final orders making quarterly fuel rate adjustments to Alaska bush and mainline mail rates set by the Department under 49 U.S.C. 41901, 41902, and 41903.
( h ) With respect to essential air service (EAS) proceedings: ( 1 ) To establish procedural dates.
( 2 ) To issue orders setting interim rates of compensation for carriers required to provide essential air service.
( 3 ) To issue orders approving a carrier's alternate service pattern if: ( i ) The resulting level of service at the eligible place would be equal to or greater than the level of service earlier determined to be essential for that place;
( ii ) The community concerned does not object to the carrier's implementation of the alternate service pattern; and
( iii ) The carrier is not receiving a subsidy for the service or implementation of the alternate service pattern would not increase the carrier's subsidy.
( 4 ) To issue orders adjusting the operational and/or financial unit rates of the payout formula for a carrier receiving subsidy under section 41732 of 49 U.S.C. Subtitle VII where the adjustment will not increase the total amount of compensation that the carrier will receive.
( 5 ) To renew, up to five times in succession, an order under section 41734 of 49 U.S.C. Subtitle VII to an air carrier to continue providing essential air service while the Department attempts to find a replacement carrier.
( 6 ) To request service and subsidy proposals from carriers interested in providing essential air service to an eligible place.
( 7 ) To issue final orders establishing interim or final subsidy rates under section 41732 or final adjustments of compensation for continued service under section 41732 in those cases where no objection has been filed to a show-cause order, and where the rates established are the same as or less than those proposed in the approved show-cause order.
( 8 ) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter: ( i ) To require any person who files a notice, objection, or answer to supply additional information.
( ii ) To require service of a notice, objection, or answer upon any person.
( iii ) To accept late-filed objections or answers, upon motion, for good cause shown.
( iv ) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under § 323.5 of this chapter.
( 9 ) To issue final air carrier selection orders establishing final subsidy rates for EAS provided under 49 U.S.C. 41733: ( i ) Where the compensation to be paid is the same as or less than the existing rate, and where the community does not object to the selected option;
( ii ) For EAS eligible Alaska communities, when the subsidy rate to be paid is less than $125,000, and where the community does not object to the selected option; and
( iii ) In cases where only one air carrier submitted one service or subsidy option.
( 10 ) With respect to provisions for terminations, suspensions, or reductions of service under part 323 of this chapter: ( i ) To require any person who files a notice, objection, or answer to supply additional information.
( ii ) To require service of a notice, objection, or answer upon any person.
( iii ) To accept late-filed objections or answers, upon motion, for good cause shown.
( iv ) To extend the time for filing objections for answers, when the initial notice has been filed earlier than required under § 323.5 of this chapter.
( i ) To issue procedural orders or notices in antitrust immunity cases filed under part 303 of this chapter with respect to: ( 1 ) Granting or denying requests for adjustments to procedural deadlines where there is no objection;
( 2 ) Making other adjustments to a procedural schedule where the policy is clear and consistent with precedent;
( 3 ) Granting parties to a proceeding access to confidential documents filed under a request for public non-disclosure pursuant to § 302.12 of this chapter, where providing such access is consistent under current policy and precedent; and
( 4 ) In uncontested proceedings, ordering the filing of additional documents deemed relevant to the Department's consideration of the application, including the filing of documents for in-camera review, where doing so is consistent with past policy and precedent.
[Doc. No. OST-96-1268, 61 FR 19167, May 1, 1996, as amended at 70 FR 25773, May 16, 2005; Doc. No. DOT-OST-2014-0140, 84 FR 15942, Apr. 16, 2019]