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Thu, Oct 18, 2012

NTSB Announces Final Rules On Appeals Procedures And Requests Public Comment

Move Prompted In Part By The 'Pilot's Bill Of Rights'

The NTSB has 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.

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 has also announced it would allow parties to file documents electronically.

FMI: Final Rule

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