The National Transportation Safety Board announced today that it has issued a Final Rule to implement several changes to its Rules of Practice applicable to aviation certificate enforcement appeals. This final rule responds to public comments received by the NTSB as a result of an interim final rule (IFR) it issued last October. The NTSB issued the IFR after the enactment of the Pilot’s Bill of Rights legislation and it became effective upon its publication in the Federal Register on October 16, 2012.
Under the Pilot’s Bill of Rights: (1) the Federal Aviation Administration (FAA) must disclose its enforcement investigative report (EIR) to the FAA certificate holder in an aviation certificate enforcement case; (2) NTSB administrative law judges must apply the Federal Rules of Civil Procedure and Federal Rules of Evidence in enforcement cases; and (3) litigants now have the option of appealing the NTSB’s final orders to either a Federal district court or a Federal court of appeals. The IFR implemented these Pilot’s Bill of Rights requirements. Under the IFR, an FAA certificate holder is permitted to submit a motion to dismiss an FAA complaint if the FAA fails to disclose releasable portions of its EIR. The NTSB received 10 comments in response to the IFR. The Final Rule describes these comments in detail, as most of the comments provided substantive feedback and suggestions.
In considering the IFR comments, the NTSB determined it should include a proposal to extend the EIR availability requirement in the Pilot’s Bill of Rights to emergency enforcement cases. As a result, the NTSB is also publishing a new Notice of Proposed Rulemaking (NPRM) in conjunction with publication of the Final Rule in the Federal Register.
Both the Final Rule and NPRM are available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-19/pdf/2013-22634.pdf (Final Rule) and http://www.gpo.gov/fdsys/pkg/FR-2013-09-19/pdf/2013-22633.pdf (NPRM). The public may submit comments to the NPRM, concerning the proposal to require the FAA to make available the EIR in emergency enforcement cases, via www.regulations.gov, Docket No. NTSB-GC-2011-0001, or via postal mail or facsimile, addressed to the NTSB Office of General Counsel. Comments should be submitted no later than October 21, 2013. The Final Rule is immediately effective.
In George’s Point of View
Time to take note of the final rule. The public can submit their opinion at
http://www.regulations.gov, Docket No. NTSB-GC-2011-0001, or via postal mail or facsimile, addressed to the NTSB Office of General Counsel.
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VH-EBN (pictured) is the first of Qantas’ A330-200LR aircraft to be upgraded with Viasat-capable wi-fi antennae, and is expected to finish its three-week retrofitting this week. The remainder of Qantas’ international widebody fleet will be progressively refitted over the next couple of years.
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MANILA – Two Philippine Navy (PN) aviators were killed after a training aircraft they were flying crashed in Cavite province on Thursday. In a statement, PN spokesperson Commander John Percie Alcos said the Robinson R-22 trainer helicopter with tail number NHT-421 tried to make an emergency…
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Debris and damage left behind more than two months after a plane crashed on Interstate 75 in Collier County.
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Social media does enable those who have had their proverbial 15 minutes of fame to get an extension.
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An alligator caused some trouble after it decided to wander onto the runway at MacDill Air Force Base Monday morning.
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A Cessna 120 single-engine plane took off from the Talkeetna airport after 2 p.m. on Sunday. The pilot lost power shortly after takeoff and was able to steer the plane…
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A roundup of the most important stories of the day. I keep you up to date on the most interesting writings I find on other sites – the latest news and tips.
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If Ethan Guo is successful, he will be the youngest person to ever fly across all seven continents.
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Three people were killed and one person was injured in a light aircraft crash outside Emalahleni on Sunday.
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Huw Gosling, 69, was not allowed to board his flight in July 2023 at Birmingham Airport because his passport was issued more than 10 years before the departure date.
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Lake County Assistant Chief/Paramedic Matthew Haerter was on his way to Arizona when a passenger lost consciousness
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TEHRAN – Iran’s Civil Aviation Organization (CAO) has announced imports of 66 airliners of different types from the date the current Iranian government took office in August 2021 till March 2024.
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Austria and Netherlands Acquires Embraer C-390 Millennium Transport Plane
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Transport Cabinet Secretary Kipchumba Murkomen has refuted claims that he has constituted a team to investigate the military chopper crash that killed Kenya’s Chief of Defence Forces General Francis Ogolla and nine other soldiers.
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Technicians at a company that repairs and maintains Air India Ltd. aircraft have called off a strike planned for Tuesday, easing concerns that the industrial action could spark a renewed bout of travel chaos.
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“The most common mistake people make on long-haul flights is not dressing properly.”
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Members of Extinction Rebellion Boston allegedly trespassed on the tarmac to protest the proposed expansion of private jet hangars at Hanscom Field, the region’s largest noncommercial airport.
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Passengers hit the roof during the “terrifying” ordeal last month, as authorities say the pilot’s chair moved “involuntarily”.
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