49 C.F.R. § 800.24

Delegation to the General Counsel

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The Board delegates to the General Counsel the authority to:

(a) Approve, disapprove, request more information, or otherwise handle requests for testimony of Board employees with respect to their participation in the investigation of accidents, and, upon receipt of notice that an employee has been subpoenaed, to make arrangements with the court either to have the employee excused from testifying or to give the employee permission to testify in accordance with the provisions of Part 835 of this Chapter.

(b) Approve or disapprove in safety enforcement proceedings, for good cause shown, requests for extensions of time or for other changes in procedural requirements subsequent to the initial decision, grant or deny requests to file additional and/or amicus briefs pursuant to §§ 821.9 and 821.48 of this Chapter, and raise on appeal any issue the resolution of which he deems important to the proper disposition of proceedings under § 821.49 of this Chapter.

(c) Approve or disapprove, for good cause shown, requests to extend the time for filing comments on proposed new or amended regulations.

(d) Issue regulations for the purpose of making editorial changes or corrections in the Board's rules and regulations.

(e) Issue orders staying or declining to stay, pending judicial review, orders of the Board suspending or revoking certificates, and consent to the entry of judicial stays with respect to such orders.

(f) Compromise civil penalties in the case of violations arising under 49 U.S.C. chapter 11, subchapter IV, or any rule, regulation, or order issued thereunder.

(g) Issue orders dismissing appeals from initial decisions of Board administrative law judges pursuant to the request of the appellant or, where the request is consensual, at the request of any party.

(h) Correct Board orders by eliminating typographical, grammatical, and similar errors, and make editorial changes therein not involving matters of substance.

(i) Take such action as appropriate or necessary adequately to compromise, settle, or otherwise represent the Board's interest in judicial or administrative actions to which the Board is a party or in which the Board is interested.

(j) Dismiss late filed notices of appeal and appeal briefs for lack of good cause.

[60 FR 61489, Nov. 30, 1995, as amended at 63 FR 71606, Dec. 29, 1998; 81 FR 75731, Nov. 1, 2016]

Notes of Decisions

Cited in 3 cases, 1988–1996 · leading case: Jerry Wayne GILBERT, Petitioner, v. Nat'l Transp. Saf. Bd.; Fed. Aviation Admin., Respondents, 80 F.3d 364 (9th Cir. 1996).

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Jerry Wayne GILBERT, Petitioner, v. Nat'l Transp. Saf. Bd.; Fed. Aviation Admin., Respondents, 80 F.3d 364 (9th Cir. 1996). “Pursuant to 49 C.F.R. § 800.24 (b), the NTSB’s office of general counsel has the authority to grant oral requests for extensions.”

Edwin Lamb Hooper v. Nat'l Transp. Saf. Bd., 841 F.2d 1150 (D.C. Cir. 1988). “” 49 C.F.R. § 800.24 (b). 2 . We do not, of course, hold that the NTSB has no power to enforce its rule as strictly as it pleases; the law requires only uniformity or a reasoned, principled justification for non-uniformity.”

Redman v. Fed. Aviation Admin., 759 F. Supp. 1384 (D. Minnesota 1991). “24 of the Beard's Rules, 49 C.F.R. 800.24, to approve or disapprove requests for changes in procedural requirements subsequent to initial decisions, X am denying the request for rehearing.”

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