Proposed Rule Would Amend 49 CFR Parts 821, 826

The NTSB announced today that it has issued a Notice of Proposed Rulemaking (NPRM) seeking public comment regarding amendments to 49 CFR parts 821 and 826, setting forth rules of procedure for the NTSB's review of certificate actions taken by the FAA and applications for fees and expenses under the Equal Access to Justice Act (EAJA).

In December 2010, the NTSB issued an Advance Notice of Proposed Rulemaking (ANPRM) on these rules. The three primary reasons for undertaking that action were: 

• To respond to parties' suggestions for changing the rules.
• To update outdated rules.
• To accommodate prospective electronic filing and document availability in case dockets.

The NPRM responds to public comments received following publication of the ANPRM. The NTSB proposes to accept filings via electronic mail. With respect to emergency determination proceedings, the NTSB proposes modifying the rules to include explicit language permitting parties to attach evidence to these petitions for judicial review. In addition, the agency proposes requiring that the FAA provide certificate holders with the releasable portion of the Enforcement Investigative Report prior to at the time of service of an emergency order. Finally, the NPRM suggests changes and updates to outdated rules under both parts 821 and 826.

The NTSB encourages public comment concerning these proposed changes. Further, the agency seeks feedback concerning whether any outdated information still exists in the proposed procedural changes. The 60-day comment period for the NPRM concludes on April 9, 2012.

FMI: NPRM