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To update outdated rules.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suggests changes and updates to outdated rules under both parts 821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outdated information still exists in the proposed procedural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.
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