[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821.57]

[Page 193]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
 Subpart I--Special Rules Applicable to Proceedings Involving Emergency 
                 and Other Immediately Effective Orders
 
Sec. 821.57  Procedure on appeal.

    (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 2 days after the date on which the initial decision was 
orally rendered or the appealable order was served. The time limitations 
for the filing of documents respecting appeals governed by this subpart 
will not be extended by reason of the unavailability of the hearing 
transcript.
    (b) Briefs and oral argument. Each appeal in proceedings governed by 
this subpart must be perfected, within 5 days after the date on which 
the notice of appeal was filed, by the filing, and simultaneous service 
on the other parties, of a brief in support of the appeal. Any other 
party to the proceeding may file a brief in reply to the appeal brief 
within 7 days after the date on which the appeal brief was served on 
that party. A copy of the reply brief shall simultaneously be served on 
the appealing party and any other parties to the proceeding. Unless 
otherwise authorized by the Board, all briefs in connection with appeals 
governed by this subpart must be filed and served by overnight delivery 
service, or by facsimile confirmed by personal or first-class mail 
delivery of the original. Aside from the time limits and methods of 
filing and service specifically mandated by this paragraph, the 
provisions of Sec. 821.48 shall apply.
    (c) Issues on appeal. The provisions of Sec. 821.49(a) shall apply 
in proceedings governed by this subpart.
    (d) Petition for rehearing, reargument, reconsideration or 
modification of order. The only petitions for rehearing, reargument, 
reconsideration or modification of an order which the Board will 
entertain in proceedings governed by this subpart are those based on the 
ground that new matter has been discovered. Such petitions must:
    (1) Set forth the new matter;
    (2) Contain affidavits of prospective witnesses, authenticated 
documents, or both, or an explanation of why such substantiation is 
unavailable; and
    (3) Contain a statement explaining why such new matter could not 
have been discovered in the exercise of due diligence prior to the date 
on which the evidentiary record closed.