C.F.R. » Title 49 » CHAPTER VIII—NATIONAL TRANSPORTATION SAFETY BOARD › PART 821—RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS › Subpart H—Appeal From Initial Decision

49 C.F.R. § 821.47

Notice of appeal

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(a) Time within which to file notice of appeal. A party may appeal from a law judge's initial decision or appealable order by filing with the Board, and simultaneously serving on the other parties, a notice of appeal, within 10 days after the date on which the oral initial decision was rendered or the written initial decision or appealable order was served (except as provided in § 821.57(a) with respect to emergency proceedings). At any time before the time limit for filing an appeal from an initial decision or appealable order has passed, the law judge may, for good cause, reopen the matter on notice to the parties.

(b) Request for reconsideration of law judge's initial decision or order. A law judge may not reconsider an initial decision or appealable order after the time for appealing to the Board from the decision or order has expired, or after an appeal has been filed with the Board. However, a timely request for reconsideration by the law judge of the initial decision or appealable order, filed before an appeal to the Board is taken, will stay the deadline for filing an appeal until 10 days after the date on which the law judge serves his or her decision on the reconsideration request. For the purpose of this paragraph, if a request for reconsideration and a notice of appeal are filed on the same day, the reconsideration request will be deemed to have been filed first.

Notes of Decisions
Cited in 11 cases, 1979–2020 · leading case: Casino Airlines, Inc. v. Nat'l Transp. Saf. Bd., 439 F.3d 715 (D.C. Cir. 2006).
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Casino Airlines, Inc. v. Nat'l Transp. Saf. Bd., 439 F.3d 715 (D.C. Cir. 2006). “49 C.F.R. § 821.47 (a). The carrier may then petition this Court for review of adverse Board decisions.”
Clinton A. McHenry v. Langhorne M. Bond, Adm'r, Fed. Aviation Admin., & Nat'l Transp. Saf. Bd., 668 F.2d 1185 (11th Cir. 1982). “49 C.F.R. § 821.47 . Filing can be accomplished by mail or personal delivery, and the method for establishing the date of filing is dependent on the method of filing: Documents to be filed with the Board shall be filed with the Office of Administrative Law Judges, National…”
Paul Joseph Janka Michael E. Newman v. Dep't of Transp., Nat'l Transp. Saf. Bd. Fed. Aviation Admin., 925 F.2d 1147 (9th Cir. 1991). “49 C.F.R. § 821.47 (1989). These provisions track the APA’s requirements by giving the parties 10 days to appeal, and the Board 20 days to review, the AU’s initial decision.”
William F. Brown, Jr. v. Nat'l Transp. Saf. Bd. & Fed. Aviation Admin., 795 F.2d 576 (6th Cir. 1986). “On June 3,1985 the Administrator moved to dismiss the appeal as untimely filed and perfected, pursuant to 49 C.F.R. §§ 821.47 & 821.48(a). On August 5,1985, the Board dismissed Brown’s appeal as untimely.”
Leon E. Barnum v. Nat'l Transp. Saf. Bd., 595 F.2d 869 (D.C. Cir. 1979). “See 49 C.F.R. § 821.47 (1977). Before the Board, petitioner contended that the suspension for 150 days was not in accord with Board policy and precedent and was too severe in the circumstances of his case.”
United States v. Paul Patric McBride, 788 F.2d 1429 (10th Cir. 1986). “See 49 C.F.R. §§ 821.47 & 821.48. The letter warned that a failure to timely respond would result in the closing of the appeal file.”
Hite v. Nat'l Transp. Saf. Bd., 991 F.2d 16 (1st Cir. 1993). “§ 1429(a) and 49 C.F.R. § 821.47 , petitioner appealed the AU’s decision to the full Board.”
Dahl v. Dickson (D.D.C. 2020). “He then appealed the ALJ’s ruling to the full NTSB, pursuant to 49 C.F.R. § 821.47 , on June 30, 2018. Id.”
Ron Mason v. Nat'l Transp. Saf. Bd., 516 F. App'x 801 (11th Cir. 2013). “49 C.F.R. § 821.47 (a). Second, the appellant must perfect the appeal by filing a brief within 50 days after the oral initial decision.”
Hadley v. Blakey, 160 F. App'x 612 (9th Cir. 2005). “49 C.F.R. § 821.47 . The Board has a policy of dismissing all untimely appeals and requests for extensions of time unless there is a showing of good cause.”
Paul H. Reder v. FAA (8th Cir. 1999). “Although we question whether the petition was untimely because it was filed one week rather than immediately after Reder’s attorney received the ALJ’s order denying the hearing, see 49 C.F.R. § 821.47 (a) (allowing ten days), Reder did not belong before the NTSB at all.”
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