[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41649-41650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16712]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 821

[Docket No. NTSB-GC-2011-0001]
RIN 3147-AA00


Rules of Practice in Air Safety Proceedings; Correction

AGENCY: National Transportation Safety Board (NTSB or Board).

ACTION: Final rule; correction.

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SUMMARY: The NTSB is correcting a final rule published October 16, 
2012, which

[[Page 41650]]

inadvertently removed a portion of text from a paragraph within a 
section. This correction is a minor technical change.

DATES: Effective July 17, 2014.

ADDRESSES: Members of the public may contact the NTSB Office of General 
Counsel concerning this correction at 490 L'Enfant Plaza SW., 
Washington, DC 20594.

FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 
314-6080.

SUPPLEMENTARY INFORMATION: In its October 16, 2012 final rule, 77 FR 
63245, in which the NTSB published rule changes concerning several 
sections in part 821, including email submission of documents, 
petitions for reconsideration, consideration of evidence concerning the 
existence of an emergency in cases proceeding under part 821, subpart I 
of the NTSB rules, the NTSB erroneously truncated the text of a 
paragraph within Sec.  821.54(b). The NTSB intended to keep the final 
sentence of Sec.  821.54(b), in addition to a new sentence immediately 
preceding it, which provides the respondent may include attachments to 
a petition for review of the Administrator's emergency determination. 
Also, the final sentence of paragraph (b) should continue to state, 
``The petition must be filed with the Board by overnight delivery 
service or facsimile and simultaneously served on the Administrator by 
the same means.'' The NTSB's removal of this sentence in the October 
16, 2012 final rule was an unintentional oversight.

List of Subjects in 49 CFR Part 821

    Administrative practice and procedure, Airmen, Aviation safety.

    Accordingly, the NTSB amends 49 CFR part 821 by making the 
following correcting amendment:

PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS

0
1. The authority citation for part 821 continues to read as follows:

    Authority: 49 U.S.C. 1101-1155, 44701-44723, 46301, Pub. L. 112-
153, unless otherwise noted.


0
2. In Sec.  821.54, revise paragraph (b) to read as follows:


Sec.  821.54  Petition for review of Administrator's determination of 
emergency.

* * * * *
    (b) Form, content and service of petition. The petition may be in 
letter form. A copy of the Administrator's order, from which review of 
the emergency determination is sought, must be attached to the 
petition. If a copy of the order is not attached, the petition will be 
dismissed. While the petition need only request that the Board review 
the Administrator's determination as to the existence of an emergency 
requiring the order be effective immediately, it may also enumerate the 
respondent's reasons for believing that the Administrator's emergency 
determination is not warranted in the interest of aviation safety. The 
respondent may include attachments to the petition for review (e.g., 
affidavits, other documents or records) limited to evidence the 
respondent believes supports the reasons enumerated in the petition for 
why the Administrator's emergency determination is not warranted in the 
interest of aviation safety. The petition must be filed with the Board 
by overnight delivery service or facsimile and simultaneously served on 
the Administrator by the same means.
* * * * *

Christopher A. Hart,
Acting Chairman.
[FR Doc. 2014-16712 Filed 7-16-14; 8:45 am]
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