[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 1091] 
 
                        TITLE 49--TRANSPORTATION
 
                  CHAPTER VIII--NATIONAL TRANSPORTATION
                              SAFETY BOARD
 
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
Subpart K--Judicial Review of Board Orders

Sec. 821.64  Judicial review.

    (a) General. Judicial review of a final order of the Board may be 
sought as provided in section 1006 of the Act (49 U.S.C. 46110) and 
section 304(d) of the Independent Safety Board Act of 1974 (49 U.S.C. 
1153) by filing a petition for review with the appropriate United States 
court of appeals within 60 days of the date of entry (service date) of 
the Board's order. Under the Federal Aviation Act, as amended, any party 
may appeal the Board's decision. The Board itself does not typically 
participate in the judicial review of its action. In matters appealed by 
the FAA, respondents should anticipate the need to make their own 
defense.
    (b) Stay pending judicial review. No petition for stay pending 
judicial review will be entertained if it is received by the Board after 
the effective date of the Board's order. If a stay action is to be 
timely, any petition must be filed sufficiently in advance of the 
effective date of the Board's order to allow for the possibility of a 
reply and to allow for Board review.

[59 FR 59050, Nov. 15, 1994]