NTSB Seeks Comments on final rules for appeals procedures.October 18, 2012 -
NTSB issued set of rules addressing review of aviation enforcement cases. Included in new final rule and interim final rule, changes allow appeals to federal district court, apply federal rules of evidence and civil procedure to NTSB proceedings, and allow parties to move to dismiss complaint if FAA fails to disclose its enforcement investigative report. Although interim final rule is effective immediately, NTSB requests public comment concerning changes by December 17.
NTSB Announces Final Rules on Appeals Procedures and Requests Public Comment
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National Transportation Safety Board
490 L'Enfant Plaza, SW
Washington, DC, 20594
Press release date: October 16, 2012
WASHINGTON – The National Transportation Safety Board today issued a set of new rules addressing the review of aviation enforcement cases. The changes allow appeals to a federal district court, apply federal rules of evidence and civil procedure to NTSB proceedings and allow parties to move to dismiss a complaint if the FAA fails to disclose its enforcement investigative report.
The NTSB, in addition to its accident investigation and safety advocacy work, serves as the "court of appeals" for airmen, mechanics and mariners when they appeal FAA or U.S. Coast Guard certificate actions.
The changes are included in a new final rule and an interim final rule. Although the interim final rule, prompted by the Pilot’s Bill of Rights (P.L. 112-53), is effective immediately, the Board is requesting public comment concerning the changes. The 60-day comment period concludes on Dec. 17. More information on the interim final rule and the comment period can be found at go.usa.gov/YNbm.
While the interim final rule is being issued as a result of the enactment of P.L. 112-53, the NTSB had been examining its rules of practice and other procedures beginning with an ANPRM published in December 2010 and an NPRM published in February 2012. As a result of that process, the NTSB today also announced it would allow parties to file documents electronically. The final rule is effective Nov. 15 and is available at go.usa.gov/YNjY.
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Eric M. Weiss