[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: 49CFR821.7]

[Page 180-181]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
Subpart B--General Rules Applicable to Petitions for Review, Appeals to 
the Board, and Appeals From Law Judges Initial Decisions and Appealable 
                                 Orders
 
Sec. 821.7  Filing of documents with the Board.

    (a) Filing address, method and date of filing. (1) Except as 
provided in paragraph (a)(2) of this section, documents are to be filed 
with the Office of Administrative Law Judges, National Transportation 
Safety Board, 490 L'Enfant Plaza East, SW., Room 4704, Washington, DC 
20594, and addressed to the assigned law judge, if any. If the 
proceeding has not yet been assigned to a law judge, documents shall be 
addressed to the Case Manager.
    (2) Subsequent to the filing of a notice of appeal from a law 
judge's initial decision or appealable order, the issuance of a decision 
permitting an interlocutory appeal, or the expiration of the period 
within which an appeal from the law judge's initial decision or 
appealable order may be filed, all documents are to be filed with the 
Office of General Counsel, National Transportation Safety Board, 490 
L'Enfant Plaza East, SW., Room 6401, Washington, DC 20594.
    (3) Documents shall be filed by personal delivery, by U.S. Postal 
Service first-class mail or by overnight delivery service. Except as 
specifically provided in Subpart I (governing emergency proceedings), 
facsimile filing is limited. Documents to be filed with a law judge or 
the Case Manager may be transmitted by facsimile, but such filing must 
be followed, no later than the next business day, by transmission of the 
original by personal delivery, first-class mail or overnight delivery 
service. Facsimile filing of documents to be filed with the Office of 
General Counsel is not permitted unless specifically authorized under 
Subpart I or requested by that office.
    (4) Documents shall be deemed filed on the date of personal 
delivery; on the send date shown on the facsimile (where facsimile 
service is permitted under paragraph (a)(3) of this section or Subpart 
I); and, for mail delivery service, on the mailing date shown on the 
certificate of service, on the date shown on the postmark if there is no 
certificate of service, or on the mailing date shown by other evidence 
if there is no certificate of service and no postmark. Where the 
document bears a postmark that cannot reasonably be reconciled with the 
mailing date shown on the certificate of service, the document will be 
deemed filed on the date of the postmark.
    (b) Number of copies. Service on the Board of petitions for review, 
appeals from orders of the Administrator, and notices of appeal from law 
judges' initial decisions and appealable orders shall be by executed 
original and 3 copies. Service of all other documents shall be by 
executed original and one copy. Copies need not be signed, but the name 
of the person signing the original shall be shown thereon.
    (c) Form. (1) Petitions for review, appeals to the Board from orders 
of the Administrator, and notices of appeal from law judges' initial 
decisions and appealable orders may be in the form of a letter signed by 
the petitioner or appealing party, and shall be typewritten or in 
legible handwriting.
    (2) Documents filed with the Board consisting of more than one page 
may be affixed only in the upper left-hand corner by staple or clip, and 
shall not be bound or hole-punched. Any document failing to comply with 
this requirement is subject to being returned to the filing party.
    (d) Content. Each document filed with the Board shall contain a 
concise and complete statement of the facts relied upon, and the relief 
sought, by the filing party.
    (e) Subscription. The original of every document filed shall be 
signed by the filing party, or by that party's attorney or other 
representative.
    (f) Designation of person to receive service. The initial document 
filed by a party in a proceeding governed by this

[[Page 181]]

part shall show on the first page the name, address and telephone number 
of the person or persons who may be served with documents on that 
party's behalf.
    (g) To whom directed. All motions, requests and documents submitted 
in connection with petitions for review and appeals to the Board from 
orders of the Administrator shall designate, and be addressed to, the 
law judge to whom the proceeding has been assigned, if any. If the 
proceeding has not yet been assigned to a law judge, the document shall 
bear the designation ``unassigned,'' and shall be addressed to the Case 
Manager. All motions, requests and documents submitted subsequent to the 
filing of a notice of appeal from a law judge's initial decision or 
appealable order, or a decision permitting an interlocutory appeal, or 
after the expiration of the period within which an appeal from the law 
judge's initial decision or appealable order may be filed, shall be 
addressed to the Board's General Counsel.