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Monday, 03 January, 2011

NTSB Requests Comments On Certificate Action Review Process

NTSB REQUESTS COMMENTS ON CERTIFICATE ACTION REVIEW PROCESS

January 3, 2011

What’s at Issue
On December 22, 2010, the National Transportation Safety Board (NTSB) issued an Advanced Notice of Proposed Rulemaking (ANPRM) titled Rules of Practice in Air Safety Proceedings and Implementing the Equal Access to Justice Act of 1980.

Why it’s Important
The ANPRM requests comments from the industry on the rules used by the NTSB in reviewing Federal Aviation Administration (FAA) certificate actions.

Major Provisions
The ANPRM covers Title 49 of the Code of Federal Regulations Parts 821 and 826.

49 CFR 821
Currently, under Part 821 an NTSB administrative law judge is required to assume that the facts presented by the FAA in an emergency certificate action are true when reviewing whether the emergency classification of that certificate action was reasonable. The NTSB is revisiting this regulatory language at the request of industry and is asking for public comment on possible proposed changes.

Additionally, the NTSB is asking for comments on the portions of Part 821 governing the “discovery process and exchanges of information by the parties in air safety enforcement proceedings” as well as possible methods for allowing the electronic submission of documents relating to its review of certificate actions.

49 CFR 826
The NTSB has received a request to modify Part 826 to update FAA contact information to conform with the Equal Access to Justice Act (5 U.S.C. 504) and requests comments from industry on Part 826.

NATA Position
NATA has long believed that Part 821 provided insufficient protection to certificate holders from arbitrary and capricious actions on the part of the FAA. NATA is pleased that the NTSB has taken the first steps to remedying this issue. NATA staff will be working closely with association members and others in the industry to develop comments to this NPRM that ensure that certificate holders are afforded protection and due process.

Status
The ANPRM has been published in the Federal Register and is open for public comment until February 22, 2011. The ANPRM is available for download here.

Staff Contact:  Michael France
Director of Regulatory Affairs
mfrance@nata.aero

Click here to view in PDF format.

For general press inquiries, contact Shannon Chambers at 703-298-1347 or schambers@nata.aero

The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.