TMetzinger
Final Approach
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NTSB PRESS RELEASE
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National Transportation Safety Board
Washington, DC 20594
FOR IMMEDIATE RELEASE: December 22, 2010
SB-10-49
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NTSB REQUESTING COMMENTS ON PROPOSED PROCEDURAL RULES
FOR AVIATION CERTIFICATE ENFORCEMENT CASES
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The NTSB has issued an Advance Notice of Proposed Rulemaking
(ANPRM) seeking comments from the public regarding
amendments to its procedural rules dealing with review of
Federal Aviation Administration (FAA) certificate actions
and its rules concerning applications for fees and expenses
under the Equal Access to Justice Act.
The NTSB listed three main reasons for its undertaking a
review of 49 CFR parts 821 and 826: (1) to respond to
parties' suggestions for changing the rules; (2) to update
rules that may be outdated; and (3) to modernize the rules
to accommodate prospective electronic filing and document
availability in case dockets.
The ANPRM indicates that certain parties have approached the
NTSB concerning emergency certificate actions, which involve
cases in which the FAA issues an immediately effective order
revoking or suspending a certificate. In such cases, the
NTSB's procedural rules allow a party to challenge the
emergency status of the case, and provide an expedited
timeline for doing so. The rules currently require the
NTSB's administrative law judges to "consider whether, based
on the acts and omissions alleged in the Administrator's
order, and assuming the truth of such factual allegations,
the Administrator's emergency determination was appropriate
under the circumstances." The ANPRM invites public comments
concerning this standard of review, as well as other aspects
of the emergency review process, such as whether a hearing
should occur to allow parties to provide evidence concerning
whether the case should be treated as an emergency. The
ANPRM further invites comments concerning whether parties
should have an opportunity for another level of appeal to
challenge the emergency status determination.
In addition, the ANPRM also solicits comments concerning
electronic filing of documents for aviation certificate
cases, and requests specific consideration as to whether
such electronic filing is feasible for individuals who opt
not to retain an attorney. The ANPRM further seeks feedback
concerning whether any outdated information exists in the
current procedural rules.
The 60-day comment period for the ANPRM concludes on
February 22, 2011. The ANPRM may be accessed at the
following link:
http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-22/pdf/2010-32056.pdf.
NTSB PRESS RELEASE
************************************************************
National Transportation Safety Board
Washington, DC 20594
FOR IMMEDIATE RELEASE: December 22, 2010
SB-10-49
************************************************************
NTSB REQUESTING COMMENTS ON PROPOSED PROCEDURAL RULES
FOR AVIATION CERTIFICATE ENFORCEMENT CASES
************************************************************
The NTSB has issued an Advance Notice of Proposed Rulemaking
(ANPRM) seeking comments from the public regarding
amendments to its procedural rules dealing with review of
Federal Aviation Administration (FAA) certificate actions
and its rules concerning applications for fees and expenses
under the Equal Access to Justice Act.
The NTSB listed three main reasons for its undertaking a
review of 49 CFR parts 821 and 826: (1) to respond to
parties' suggestions for changing the rules; (2) to update
rules that may be outdated; and (3) to modernize the rules
to accommodate prospective electronic filing and document
availability in case dockets.
The ANPRM indicates that certain parties have approached the
NTSB concerning emergency certificate actions, which involve
cases in which the FAA issues an immediately effective order
revoking or suspending a certificate. In such cases, the
NTSB's procedural rules allow a party to challenge the
emergency status of the case, and provide an expedited
timeline for doing so. The rules currently require the
NTSB's administrative law judges to "consider whether, based
on the acts and omissions alleged in the Administrator's
order, and assuming the truth of such factual allegations,
the Administrator's emergency determination was appropriate
under the circumstances." The ANPRM invites public comments
concerning this standard of review, as well as other aspects
of the emergency review process, such as whether a hearing
should occur to allow parties to provide evidence concerning
whether the case should be treated as an emergency. The
ANPRM further invites comments concerning whether parties
should have an opportunity for another level of appeal to
challenge the emergency status determination.
In addition, the ANPRM also solicits comments concerning
electronic filing of documents for aviation certificate
cases, and requests specific consideration as to whether
such electronic filing is feasible for individuals who opt
not to retain an attorney. The ANPRM further seeks feedback
concerning whether any outdated information exists in the
current procedural rules.
The 60-day comment period for the ANPRM concludes on
February 22, 2011. The ANPRM may be accessed at the
following link:
http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-22/pdf/2010-32056.pdf.