NEWS Alert

One February 9, 2012, The National Transportation Safety Board (NTSB) published an NPRM responding to comments solicited in the ANPRM published December 22, 2010. The FAA issues emergency orders when it determines the interests of aviation safety require that an order take effect immediately in order to protect the flying public. In the case of an emergency order, the certificate holder may not exercise certificate privileges during the pendency of an appeal with the NTSB. Through its ANPRM, NTSB sought comments concerning the appeals process including the standard of review for emergency determinations, discovery, and exchanges of information between parties, and electronic filing of documents in air safety enforcement cases before the NTSB.

Upon Review of the comments it received, NTSB is now proposing to make a number of changes. A few of the many changes are described below:

• NTSB has decided to implement an electronic filing system for filing documents with the board. Parties will still have the option of submitting documents via mail, facsimile, or electronic mail.

• NTSB will now permit the respondent to present evidence challenging the emergency nature of the proceedings in the form of affidavits or other records.

• A complaint will be subject to dismissal if the FAA, without good cause, failed to provide a certificate holder against whom an emergency order was issued with the releasable portions of its enforcement investigation report by the date on which the emergency order was issued.

For further information or questions, contact Glenn Wicks or Ronce Almond at (202) 457-7790.