(a) Any air carrier certificated to provide service at any of the points involved may file, and serve on the applicant, an answer in protest within 10 days after the filing of the application or within such shorter time as the Board may fix by written or telegraphic notice. (b) The answer shall contain a detailed statement of the facts relied upon to controvert any pertinent allegations of the application and shall be accompanied by a statement of economic data or other matters that the carrier desires the Board to officially note, and affidavits establishing such other facts as the respondent wishes the Board to rely upon. The answer shall be verified by a person or persons having personal knowledge of the facts stated therein. (c) If the opposing carrier desires oral argument it shall include a request therefor in its answer. [PR-83, 28 F.R. 6264, June 19, 1963] Any interested person, other than an air carrier entitled to answer, may file a memorandum in support of, or in opposition to, an application for special authorization within the time permitted for the filing of answers. Such memoranda shall be verified by persons having personal knowledge of the facts stated therein. [PR-83, 28 F.R. 6264, June 19, 1963] § 302.1024 Oral argument. Requests for oral argument shall be filed no later than three days after the date permitted for the filing of answers. If the Board finds that the application is duly filed and the statutory requirements are fulfilled, it may issue a special operating authorization to engage in air transportation between the respective points for a period not to exceed 30 days. The Board will attach such limitations and requirements to the authorization as will assure that the service so authorized will alleviate the insufficiency which otherwise would exist without significant diversion of traffic from the holders of certificates for the route. [PR-83, 28 F.R. 6265, June 19, 1963] § 302.1026 Issuance of special authorization on the Board's initiative. The Board may, on its own initiative, issue to any supplemental air carrier a special operating authorization in accordance with § 302.1025. [PR-83, 28 F.R. 6265, June 19, 1963] § 302.1027 Extension of authorization. (a) The Board may extend a special operating authorization for an additional period or periods aggregating not more than 60 days upon its own initiative or upon the request of the supplemental air carrier. (b) A request for extension shall be filed not later than 15 days before the expiration of the existing authorization and shall set forth facts to establish the continuing need for the service, updating the information required by § 302.1020, and a description of the services actually performed pursuant to the authorization. It shall be verified by a person having personal knowledge of the facts stated therein and shall be served upon all parties to the original authorization proceeding. NOTE: Section 417(b) (3) of the Act provides in effect that the filing of an application for extension does not automatically extend the authorization. If the Board has not acted on the application by the time of expiration of the authorization, operations thereunder must cease. (c) Any air carrier which is certificated to provide service at any of the points involved may file, and serve on the applicant, an answer in protest within 5 days after the filing of the request. Such answers shall be verified by persons having personal knowledge of the facts therein. (d) Any interested person, other than an air carrier entitled to answer, may file a memorandum in support of or in opposition to the extension. Such memoranda shall be verified by persons having personal knowledge of the facts therein. [PR-83, 28 F.R. 6265, June 19, 1963] Subpart K-Standardized Method for Costing Proposed Changes in the Authorized Operations of Local Service Carriers AUTHORITY: The provisions of this subpart also issued under sec. 401, 72 Stat. 754; 49 U.S.C. 1371. This subpart sets forth the specific rules applicable to the preparation of cost estimates submitted by any party or nonparty in hearing or nonhearing proceedings which involve proposed changes in the authorized operations of any of the local service air carriers named hereinbelow. The rules set forth herein are also to be used to prepare the estimated cost of operating an existing route or route segment as to which no change in authority is currently proposed, where this information is required in a proceeding; for this purpose, the authorized operation to be costed shall be treated as a proposed deletion. The rules are not applicable to proceedings involving rates and fares. For use with these provisions the Board will issue on or about the first of January and July of each year a compilation entitled "Local Service Air Carriers' Unit Costs," referred to in these provisions as the "compilation." See § 302.1109. Allegheny Airlines, Inc. Bonanza Air Lines, Inc. Central Airlines, Inc. Frontier Airlines, Inc. Lake Central Airlines, Inc. North Central Airlines, Inc. [PR-87, 28 F.R. 9592, Aug. 31, 1963] § 302.1102 Prescribed cost estimates. Each party in a proceeding subject to these provisions shall submit cost estimates in accordance with the method prescribed herein for the determination of either the additional cost or the reduction in cost, on an annual basis, attributable to a proposed change in authorized operations, provided that any party may, as additional evidence, submit cost estimates based upon other methods. [PR-87, 28 F.R. 9592, Aug. 31, 1963] § 302.1103 Total annual expense involved in proposed operation changes. In order to determine either the additional cost or the reduction in cost, on an annual basis, attributable to a proposed change in authorized operations, add the following amounts: (a) The amount of aircraft operating expense, as determined pursuant to § 302.1104. (b) The amount of servicing expense, as determined pursuant to § 302.1105. (c) The amount of aircraft depreciation expense, as determined pursuant to § 302.1106, and (d) The amount of return on investment and tax allowance, as determined pursuant to § 302.1107. [PR-87, 28 F.R. 9592, Aug. 31, 1963] § 302.1104 Aircraft operating expense. (a) In order to determine the amount of aircraft operating expense, add (1) the cost of enroute flight and (2) the cost associated with landing, taxiing, and take-off as determined herein. (b) In order to determine the cost of enroute flight, multiply the carrier's unit cost per plane-mile for the type of aircraft by the number of plane-miles forecast to be involved in the proposed change in authorized operations. (c) In order to determine the cost of landing, taxiing and take-off, multiply the carrier's unit cost per aircraft stop by the number of aircraft stops forecast to be involved in the proposed change in authorized operations. (d) In order to ascertain the carrier's unit costs per plane-mile and per aircraft stop, refer to the compilation for the latest 12-month period setting forth such unit costs by carrier and by type of aircraft. [PR-87, 28 F.R. 9592, Aug. 31, 1963] § 302.1105 Servicing expense. (a) In order to determine the amount of servicing expense, add (1) the amount of regional and system servicing expense as determined herein, and (2) the amount of local servicing expense which the party submitting the estimate offers to prove in the proceeding. (b) In order to determine the amount of regional and system servicing expense, multiply the change in ton-miles forecast to be caused by the proposed modification by the carrier's incremental tonmile rate. In order to ascertain the carrier's incremental ton-mile rate, refer to the compilation for the latest 12month period setting forth such rate for each carrier. (PR-87, 28 F.R. 9592, Aug. 31, 1963] § 302.1106 pense. Aircraft depreciation ex In order to determine the amount of aircraft depreciation expense, proceed in accordance with the following steps: (a) Refer to the compilation for the latest 12-month period setting forth, by type of aircraft, each carrier's experienced revenue flight time per stop and per mile. Multiply the change in the number of stops forecast to be caused by the proposed route change by the experienced revenue flight time per stop, and multiply the change in the number of miles forecast to be caused by the proposed modification by the experienced revenue flight time per mile. Add the products of these multiplications to obtain total revenue flight hours involved in the change. (b) Refer to the compilation for the latest 12-month period setting forth the prescribed hourly depreciation rate, by type of aircraft for each carrier, and ascertain the applicable figure. (c) Multiply the amount ascertained in paragraph (b) of this section by the number of hours determined in paragraph (a) of this section, in order to determine the total annual amount of aircraft depreciation expense. [PR-93, Amdt. 16, 30 F.R. 5900, Apr. 28, 1965] § 302.1107 Return on investment and tax allowance. In order to determine the amount of return on investment and the tax allowance, proceed in accordance with the following steps: (a) Refer to the compilation for the latest 12-month period setting forth, by type of aircraft, the prescribed hourly rate for return on investment and tax allowance for each carrier, and ascertain the applicable figure. (b) Multiply the amount ascertained in paragraph (a) of this section by the number of hours determined in § 302.1106 (a), in order to determine the total annual amount for return on investment and tax allowance. (Secs. 204(a), 1001, Federal Aviation Act of 1958; 72 Stat. 743, 788; 49 U.S.C. 1324, 1481) [PR-93 Amdt. 16, 30 F.R. 5900, Apr. 28, 1965] § 302.1108 Form of estimate. Cost estimates presented in proceedings subject to this subpart may be submitted on CAB Form 600 "Estimated Costs of Route Operations," copy attached hereto.1 Additional copies of CAB Form 600 may be obtained upon request from the Publications Unit Civil Aeronautics Board, Washington, D.C., 20428. The use of this form is optional. [PR-87, 28 F.R. 9593, Aug. 31, 1963] § 302.1109 Compilation. (a) Use of compilation in proceedings. There is hereby incorporated by reference herein the compilation entitled "Local Service Air Carriers' Unit Costs" which will be issued by the Board on or about the first of January and July of each year. Each new issue shall be appropriately dated and identified and will supersede the previous edition. Copies of the latest edition may be obtained upon request from the Publications Unit, Civil Aeronautics Board, Washington, D.C., 20428 and interested persons may, upon written request, be placed on a mailing list to receive new issues as copies become available for mailing. Copies of the current and all past issues will be available for inspection and copying during office hours at the Board's Docket Section, Room 711, Universal Building, 1825 Connecticut Avenue NW., Washington, D.C. Evidence, pleadings and argument introduced in a proceeding on the basis of a then current issue shall not be invalidated by the publication of a later issue; however, the examiner or the Board may take official notice of the later issue and make appropriate adjustments in the estimates. Where changes in the compilation substantially affect an issue in the proceeding, the examiner or the Board may, upon appropriate terms, permit or require amendments to the record in the light of the subsequent issue. 1 Filed as part of the original document. (b) Contents of compilation. Each compilation will contain a summary sheet showing the currently-prescribed unit costs for each local service air carrier which are to be used in estimating the total annual cost effect of a proposed change in authorized operations, in accordance with the instructions contained in §§ 302.1104 to 302.1107 of this subpart. Attachments to the summary sheet in the nature of work papers will show the derivation of the unit costs. The work sheets will reflect the methods approved by the Board in this rule making proceeding for the determination of the unit costs. In addition, the compilation will contain a general exposition of the costing system prescribed herein. [PR-87, 28 F.R. 9593, Aug. 31, 1963] 303.23 Investigation to remain open. 303.24 Request for withholding of information. AUTHORITY: The provisions of this Part 303 issued under sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply secs. 701, 702, 1001, 1004, 1104, 72 Stat. 781, 782, 788, 792, 797; 49 U.S.C. 1441, 1442, 1481, 1484, 1504. SOURCE: The provisions of this Part 303 contained in PR-35, 24 F.R. 2225, Mar. 21, 1959, unless otherwise noted. § 303.1 Applicability of part. The provisions of this part shall govern all aircraft accident investigation hearings conducted under the authority of Title VII of the Federal Aviation Act of 1958, unless otherwise specifically ordered by the Board. § 303.2 Nature of hearing. Aircraft accident hearings are held by the Board as a part of the investigation of accidents involving aircraft in order to determine the facts, conditions, and circumstances relating to each accident and the probable cause thereof and to ascertain measures which will best tend to prevent similar accidents in the future. It is purely a fact-finding procedure, and there are no formal pleadings or issues and no adverse parties. During the course of the hearing, no objections to any matter will be entertained from any party to the investigation or any other person. Aircraft accident hearings are not subject to the provisions of sections 4, 5, 7, 8, or 10 of the Administrative Procedure Act. nical Staff who shall participate in the hearing and initially develop the testimony of the witnesses. § 303.9 Board of Inquiry. The Board of Inquiry shall consist of a Member of the Board, who, when present, will be chairman of the Board of Inquiry, the Hearing Officer, the Director of the Bureau of Safety or his designee, and where appropriate the General Counsel or his designee. It shall be the duty of the Board of Inquiry to examine witnesses and to secure in the form of a public record all known facts pertaining to the accident and surrounding circumstances and conditions from which probable cause may be determined or recommendations of corrective action formulated. CONDUCT OF HEARING § 303.15 Powers of Chairman of Board of Inquiry. The Board Member acting as chairman of the Board of Inquiry or, in the absence of a Board Member the Hearing Officer, shall have the following powers: (a) To open, continue or adjourn the hearing; (b) To administer oaths and affirmations; (c) To determine the admissibility of and to receive evidence and to regulate the course of the hearing; (d) To dispose of procedural requests or similar matters; and (e) To take any other action necessary or incident to the orderly conduct of the hearing. § 303.16 Parties to the Investigation. (a) The Hearing Officer may designate as Parties to the Investigation those persons, Government agencies, companies, and associations whose employees, functions, activities, or products were involved in the accident, or who participated in the accident investigation and whose special knowledge and aeronautical skills contribute to the development of pertinent evidence. (b) No Party to the Investigation shall be represented by any person who also represents claimants or insurers. Failure to comply with this provision shall result in loss of status as a Party to the Investigation. (c) Prior to the prehearing conference the Parties to the Investigation will be furnished copies of the available exhibits to be offered in evidence at the hearing (including statements obtained from witnesses during the course of the investigation), a list of the witnesses to be examined at the hearing and a statement of the areas in which each such witness will be examined. At a time, prior to the prehearing conference, specified by the Hearing Officer, the parties shall request of the Hearing Officer any amendment, correction, or addition to the exhibits that they desire be made or furnish such officer with copies of additional exhibits they intend to offer in evidence, as well as a list of any additional witnesses they desire to examine and a statement of the areas in which such witnesses will be examined. [PR-35, 24 F.R. 2225, Mar. 21, 1959, as amended by PR-94, 30 F.R. 8473, July 2, 1965] § 303.17 Prehearing conference. The Chairman of the Board of Inquiry or the Hearing Officer will hold a prehearing conference with the Parties to the Investigation, the Technical Staff and the representative of the Office of the General Counsel at a convenient time and place prior to the hearing. At such prehearing conference, the presiding officer will advise the Parties, of the witnesses to be called at the hearing, the areas in which they will be examined and the exhibits which will be offered in evidence. A party who has failed to request the Hearing Officer to amend or correct proposed exhibits or to advise him of additional exhibits he intends to offer in evidence or additional witnesses he desires to examine, as required by § 303.16(c), will be precluded from introducing such testimony at the hearing unless the presiding officer determines for good cause shown such evidence should be admitted. [PR-94, 30 F.R. 8473, July 2, 1965] § 303.18 Examination of witnesses. (a) Witnesses will be examined by the Technical Staff. Following such examination, the Parties to the Investigation who have indicated at a prehearing conference their desire to examine such witnesses will be given an opportunity to do so. If a Party to the Investigation who has not indicated an intention to examine a witness desires to do so, he may submit a request to the officer presiding along with his justification as to why such examination is now deemed necessary. The officer presiding will then determine whether to permit the |