The NTSB Thursday announced it has issued a Final Rule applicable to the aviation certificate enforcement appeals process and that it is also issuing a Notice of Proposed Rulemaking to extend one of that rule’s benefits to pilots involved in emergency enforcement cases. The Final Rule allows pilots subjected to certificate enforcement to appeal to administrative law judges acting under the Federal Rules of Civil Procedure and Federal Rules of Evidence. Litigants may also seek appeals in a Federal district court or Federal court of appeals. Under the final rule, the FAA must also disclose its enforcement investigative report to a pilot involved in an enforcement case. A separate proposed new rule would extend that specific right to pilots involved in emergency enforcement cases.
The NTSB says the proposed rule is the result of public comments. According to the NTSB, the proposal was the result of “substantive feedback and suggestions” received during the Interim Rule’s public comment period. The NTSB says it received 10 comments in response to the Interim Rule and those comments were enough to move the NTSB to action. Both the Final Rule and the proposed rule are available online. Find the Final Rulehere. And find the proposed rule (applicable to emergency actions)here. Comments on the proposed rule will be accepted through Oct. 21, 2013.
