[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Rules and Regulations]
[Page 25620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11252]



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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 821


Aviation Rules of Practice; General Revisions

AGENCY: National Transportation Safety Board.

ACTION: Final rule.

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SUMMARY: This revision corrects an inadvertent change. By Federal 
Register notice published November 15, 1994 (59 FR 59042), the Safety 
Board revised a number of its rules of practice, including 49 CFR 
821.48(e). The Board inadvertently failed to retain a part of that 
rule. This notice reinstates the sentence that was dropped.

DATES: The new rule is effective on May 12, 1995.

FOR FURTHER INFORMATION CONTACT: Jane F. Mackall, (202) 382-6540.

SUPPLEMENTARY INFORMATION: Effective January 17, 1995, the Safety Board 
implemented numerous revisions to its rules of practice. The rule at 49 
CFR 821.48(e) was revised to permit the filing, subsequent to briefs, 
of citations to supplemental authorities. Unintentionally, the 
paragraph did not retain then-current language prohibiting other 
briefs, unless authorized on a showing of good cause. To avoid any 
future misinterpretation, by this notice, that sentence is reinstated.

List of Subjects in 49 CFR Part 821

    Administrative practice and procedure, Airmen, Aviation safety.

    Accordingly, 49 CFR Part 821 is amended as set forth below.

PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS

    1. The authority citation for Part 821 continues to read as 
follows:

    Authority: Title VI, Federal Aviation Act of 1958, as amended 
(49 U.S.C. 40101 et seq.); Independent Safety Board Act of 1974, 
Pub.L. 93-633, 88 Stat. 2166 (49 U.S.C. 1101 et seq.), and FAA Civil 
Penalty Administrative Assessment Act of 1992, Pub.L. 102-345 (49 
U.S.C. 46301), unless otherwise noted.

    2. Section 821.48 is amended by revising paragraph (e) to read as 
follows:

Sec. 821.48  Briefs and oral argument.

* * * * *

    (e) Other briefs. Subsequent to brief filing, parties may file 
citations to supplemental authorities. This procedure may be used only 
for identifying new, relevant decisions, not to correct omissions in 
briefing or to respond to a reply. No argument may be included in such 
filings. Parties shall submit, with any decision, a reference to the 
page of the brief to which the decision pertains. Any response shall be 
filed within 10 days and shall be similarly limited. With this 
exception, no further briefs may be filed, except with specific 
permission of the Board and on a showing of good cause.

* * * * *

    Issued in Washington, D.C. on this 2nd day of May, 1995.

Daniel D. Campbell,

General Counsel.

[FR Doc. 95-11252 Filed 5-11-95; 8:45 am]

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