[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.27]

[Page 165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.27  Interlocutory appeal.

    (a) An interlocutory appeal may be taken to the Environmental 
Appeals Board either (1) with the consent of the administrative law 
judge where he or she certifies on the record or in writing that the 
allowance of an interlocutory appeal is clearly necessary to prevent 
exceptional delay, expense or prejudice to any party or substantial 
detriment to the public interest, or (2) absent the consent of the 
administrative law judge, by permission of the Environmental Appeals 
Board.
    (b) Applications for interlocutory appeal of any ruling or order of 
the administrative law judge may be filed with the administrative law 
judge within 5 days of the issuance of the ruling or order being 
appealed. Answers by other parties may be filed within 5 days of the 
service of such applications.
    (c) Applications to file such appeals absent consent of the 
administrative law judge shall be filed with the Environmental Appeals 
Board within 5 days of the denial of any appeal by the administrative 
law judge.
    (d) The Environmental Appeals Board will consider the merits of the 
appeal on the application and answers. No oral argument will be heard 
nor other briefs filed unless the Environmental Appeals Board directs 
otherwise.
    (e) Except under extraordinary circumstances as determined by the 
administrative law judge, the taking of an interlocutory appeal will not 
stay the hearing.

[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992]