CFR Subpart A

CFR Subpart A
in effect

18 C.F.R. § 385.101 Applicability (Rule 101).

(a) General rules. Except as provided in paragraph (b) of this section, this part applies to: (1) Any filing or proceeding under this chapter; and (2) Any oil pipeline filing or proceeding under this chapter or 49 CFR Chapter X and replaces the Interstate Commerce Commission General Rules of Practice (49 CFR part 1100) with respect to any oil pipeline filing or proceeding. (b) Exceptions. (1) This part does not apply to investigations under part 1b of this chapter. (2) If any provision of this part is inconsistent with any provision of another part of this chapter, the provision of this part is inapplicable and the provision of the other part governs to the extent of the inconsistency. (3) If any provision of this part is inconsistent with any provision of 49 CFR Chapter X that is not otherwise replaced by this part or Commission rule or order, the provision of this part is inapplicable and the provision of 49 CFR Chapter X governs to the extent of the inconsistency. (c) Transitional provisions. (1) This part applies to any filing submitted on or after and to any proceeding pending on or initiated after, August 26, 1982. (2) A decisional authority may, in the interest of justice: (i) Apply the appropriate provisions of the prior Rules of Practice and Procedure (18 CFR part 1) to any filing submitted after, or to any proceeding or part of a proceeding pending on August 26, 1982; (ii) Apply the provisions of this part to any filing submitted, or any proceeding or part of a proceeding initiated, after April 28, 1982 but before August 26, 1982. (d) [Reserved] (e) Waiver. To the extent permitted by law, the Commission may, for good cause, waive any provision of this part or prescribe any alternative procedures that it determines to be appropriate.

18 C.F.R. § 385.102 Definitions (Rule 102).

For purposes of this part— (a) Decisional authority means the Commission or Commission employee that, at the time for decision on a question, has authority or responsibility under this chapter to decide that particular question. (b) Participant means: (1) Any party; or (2) Any employee of the Commission assigned to present the position of the Commission staff in a proceeding before the Commission. (c) Party means, with respect to a proceeding: (1) A person filing any application, petition, tariff or rate filing, complaint, or any protest under section 19a(i) of the Interstate Commerce Act (49 U.S.C. 19a(i)); (2) Any respondent to a proceeding; or (3) Any person whose intervention in a proceeding is effective under Rule 214. (d) Person means an individual, partnership, corporation, association, joint stock company, public trust, an organized group of persons, whether incorporated or not, a receiver or trustee of the foregoing, a municipality, including a city, county, or any other political subdivision of a State, a State, the District of Columbia, any territory of the United States or any agency of any of the foregoing, any agency, authority, or instrumentality of the United States (other than the Commission), or any corporation which is owned directly or indirectly by the United States, or any officer, agent, or employee of any of the foregoing acting as such in the course of his or her official duty. The term also includes a foreign government or any agency, authority, or instrumentality thereof. (e) Presiding officer means: (1) With respect to any proceeding set for hearing under subpart E of this part, one or more Members of the Commission, or any administrative law judge, designated to preside at such hearing, or, if no Commissioner or administrative law judge is designated, the Chief Administrative Law Judge; or (2) With respect to any proceeding not set for hearing under subpart E, any employee designated by rule or order to conduct the proceeding. (f) Respondent means any person: (1) To whom an order to show cause or notice of tariff or rate examination is issued by the Commission; (2) Against whom a complaint is directed; or (3) Designated as a respondent by the Commission or by the terms of this chapter.

18 C.F.R. § 385.103 References to rules (Rule 103).

This part cross-references its sections according to rule number, as indicated by the section titles. Any filing with the Commission may refer to any section of this part by rule number; for example, “Rule 103.”

18 C.F.R. § 385.104 Rule of construction (Rule 104).

To the extent that the text of a rule is inconsistent with its caption, the text of the rule controls.

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