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1971 - July DOT Ord. & Dec. [1] (July, 1971)

handle is hein.usfed/dotod0658 and id is 1 raw text is: Order 71-7-1 UNITED STATES OF ANERICA CIVIL AERONAUTICS BOARD WASHINGTON, D. C. Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the 1st day of July, 1971 HOUSTON-NEW ORLEANS Docket 21360 SUBPART M CASE ORDER On April 13, 1971 the Board issued its order on review in the above-entitled proceeding (Order 71-4-74) which affirmed, with certain modifications, the examiner's conclusions and recommendations. Delta Air Lines has filed a petition for reconsideration of Order 71-4-74, a motion for leave to file such petition, and a motion for leave to file a supplement thereto. Contingent answers have been filed by National Airlines, Eastern Air Lines, Continental Air Lines, Texas International Airlines (TXI) and the Bureau of Operating Rights. Delta asserts that it is entitled to seek reconsideration as a matter of right. However, in our order on review we stated that pursuant to Rules 28 and 37 of the Board's Rules of Practice, we will dispense with further procedural steps since we find that the matters raised do not warrant further proceedings. Rule 37 permits the filing of petitions for reconsideration unless an order * * * of the Board specifically provides otherwise, and it was our intention, apparently understood by all other parties, not to entertain petitions for reconsideration in this case. 1/ Accordingly, we will deny Delta's 1/ Delta asserts that its right to seek reconsideration stems from section 302.1315 of Subpart M of the Procedural Regulations which specifies that a petition for reconsideration may be filed within ten days after issuance of any order. However, that section provides that Rule 37 shall be applicable except as otherwise indicated therein, and the exception for petitions for reconsideration contained in section 302.1315 relates only to the time within which such a petition is to be filed.

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