[Code of Federal Regulations]
[Title 49, Volume 5, Parts 400 to 999]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821]

[Page 1088-1090] 
                        TITLE 49--TRANSPORTATION
                              SAFETY BOARD
Subpart I--Rules Applicable to Emergency Proceedings and Other Immediately Effective Orders

Sec. 821.54  General.

    (a) Applicability. This subpart shall apply to any order issued by 
the Administrator under section 609 of the Act: as an emergency order; 
as an order not designated as an emergency order, but later amended to 
be an emergency order; and any order designated as immediately effective 
or effective immediately.
    (b) Effective date of emergency. The procedure set forth herein 
shall apply as of the date when the Administrator's written advice of 
the emergency character of his order has been received by the Office of 
Administrative Law Judges or by the Board.
    (c) Computation of time. Time shall be computed in accordance with 
Sec. 821.10, including the provision that Saturdays, Sundays, and legal 
holidays of the Board shall always be counted in the computation.

[40 FR 30243, July 17, 1975, as amended at 59 FR 59049, Nov. 15, 1994]

Sec. 821.55  Appeal, complaint, answer to the complaint, and motions.

    (a) Time within which to appeal. The certificate holder may appeal 
within 10 days after the service of the Administrator's emergency or 
other immediately effective order. The certificate holder shall serve a 
copy of his appeal on the Administrator.
    (b) Form and content of appeal. The appeal may be in letter form. It 
shall identify the Administrator's order and the certificate affected, 
shall recite the Administrator's action, and shall identify the issues 
of fact or law on which the appeal is based, and the relief sought. The 
appeal shall either attach a copy of the Administrator's order or shall 
clearly indicate that an emergency or other immediately effective order 
is being appealed.
    (c) Complaint. Within 3 days after receipt of the appeal, the 
Administrator shall file with the Board an original and 3 copies of his 
emergency or other immediately effective order as his complaint, and 
serve a copy on the respondent.
    (d) Answer to the complaint. Within 5 days after service of the 
complaint upon respondent, he shall file his answer thereto. Failure to 
deny any allegation or allegations of the complaint may be deemed an 
admission of the allegation or allegations not answered.
    (e) Motion to dismiss and motion for more definite statement. No 
motion to dismiss or for a more definite statement shall be made, but 
the substance

[[Page 1089]]

thereof may be stated in the respondent's answer. The law judge may 
permit or require a more definite statement or other amendment to any 
pleading at the hearing, upon good cause shown and upon just and 
reasonable terms.
    (f) Discovery. Discovery is authorized in emergency or other 
immediately effective proceedings and, given the short time available, 
parties are directed to cooperate to ensure timely completion prior to 
the hearing. Discovery requests shall be served as soon as possible 
after initiation of the proceeding. Motions to compel production shall 
be expeditiously filed, and will be promptly decided. Time limits for 
compliance with discovery requests shall accommodate and not conflict 
with the schedule set forth in this subpart. The provisions at 
Sec. 821.19 shall apply, modified as necessary to reflect applicable 

[40 FR 30243, July 17, 1975, as amended at 59 FR 59049, Nov. 15, 1994]

Sec. 821.56  Hearing and initial decision.

    (a) Notice of hearing. Immediately upon notification by the 
Administrator to the Board, and in no case later than 5 days after 
receiving notice from the Administrator that an emergency exists or that 
safety in air commerce or air transportation requires the immediate 
effectiveness of an order, the Board shall set, and notify the parties 
of, the date and place for hearing. The hearing shall be set for a date 
no later than 25 days after service of the complaint. To the extent not 
inconsistent with this section, the provisions of Sec. 821.37(a) also 
    (b) Initial decision. The initial decision shall be made orally on 
the record at the termination of the hearing and after opportunity for 
oral argument. The provisions of Sec. 821.42 (b) and (d) shall be 
applicable, (covering content, furnishing a copy of the initial decision 
excerpted from the record, and issuance date).
    (c) Conduct of hearing. The provisions of Secs. 821.38, 821.39, and 
821.40, covering evidence, argument and submissions, and record, shall 
be applicable.
    (d) Effect of law judge's initial decision. If no appeal to the 
Board by either party, by motion or otherwise, is filed within the time 
allowed, the law judge's initial decision shall become final but shall 
not be deemed to be a precedent binding on the Board.

[40 FR 30243, July 17, 1975, as amended at 59 FR 59050, Nov. 15, 1994]

Sec. 821.57  Procedure on appeal.

    (a) Time within which to file a notice of appeal and content. Within 
2 days after the initial decision has been orally rendered, either party 
to the proceeding may appeal therefrom by filing with the Board and 
serving upon the other parties a notice of appeal. The time limitations 
for the filing of documents are not extended by the unavailability of 
the hearing transcript.
    (b) Briefs and oral argument. Unless otherwise authorized by the 
Board, all briefs in emergency cases shall be served via overnight 
delivery or facsimile confirmed by first class mail. Within 5 days after 
the filing of the notice of appeal, the appellant shall file a brief 
with the Board and serve a copy on the other parties. Within 7 days 
after service of the appeal brief, a reply brief may be filed, with 
copies served (as provided above) on other parties. The briefs shall 
comply with the requirements of Sec. 821.48 (b) through (g). Appeals may 
be dismissed by the Board on its own initiative or on motion of a party, 
notably in cases where a party fails to perfect the notice of appeal by 
filing a timely brief. When a request for oral argument is granted, the 
Board will give notice of such argument.
    (c) Issues on appeal. The provisions of Sec. 821.49 shall apply to 
issues on appeal. However, the Board may upon its own initiative raise 
any issue, the resolution of which it deems important to a proper 
disposition of the proceeding. If necessary or appropriate, the parties 
shall be afforded a reasonable opportunity to comment.
    (d) Petitions for reconsideration, rehearing, reargument, or 
modification of order. The only petitions for reconsideration, 
rehearing, reargument, or modification of an order which the Board will 
entertain are petitions based on the ground that new matter has been 
discovered. Such petitions must set forth the following:
    (1) The new matter;

[[Page 1090]]

    (2) Affidavits of prospective witnesses, authenticated documents, or 
both, or an explanation of why such substantiation is unavailable; and
    (3) A statement that such new matter could not have been discovered 
by the exercise of due diligence prior to the date the case was 
submitted to the Board.

[40 FR 30243, July 17, 1975, as amended at 49 FR 28250, July 11, 1984, 
59 FR 59050, Nov. 15, 1994]