NTSB issues final rule in response to pilot’s bill of rights
Applies to aviation certification enforcement appeals
The National Transportation Safety Board (NTSB) 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.