NTSB -- NTSB REQUESTING COMMENTS ON PROPOSED PROCEDURAL RULES FOR AVIATION CERTIFICATE ENFORCEMENT CASES

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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rules that may be outdated; and (3) to modernize the rules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.

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NTSB Media Contact: Ted Lopatkiewicz

lopatt@xxxxxxxx

(202) 314-6100

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