Federal Aviation Administration, DOT

Section 16.303

(1) Set forth the new issues or evidence;
(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.
(g) A Final Agency Decision may be
appealed in accordance with subpart G
of this part.
[Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]

Subpart G - Judicial Review
SOURCE: Docket No. 27783, 61 FR 54004, Oct.
16, 1996, unless otherwise noted. Redesignated by Amdt. 16-1, 78 FR 56148, Sept. 12,
2013.

spaschal on DSK3GDR082PROD with CFR

Section 16.247 Judicial review of a final decision and order.
(a) A person may seek judicial review, in a United States Court of Appeals, of a final decision and order of
the Associate Administrator, and of an
order of dismissal with prejudice issued
by the Director, as provided in 49
U.S.C. 46110 or 49 U.S.C. 47106(d) and
47111(d). A party seeking judicial review shall file a petition for review
with the Court not later than 60 days
after the order has been served on the
party or within 60 days after the entry
of an order under 49 U.S.C. 46110.
(b) The following do not constitute
final decisions and orders subject to judicial review:
(1) An FAA decision to dismiss a
complaint without prejudice, as set
forth in Section 16.27;
(2) A Director-s Determination;
(3) An initial decision issued by a
hearing officer at the conclusion of a
hearing;
(4) A Director-s Determination or an
initial decision of a hearing officer becomes the final decision of the Associate Administrator because it was not
appealed within the applicable time periods provided under SectionSection 16.33(c) and
16.241(b).
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated and amended by Amdt. 16-1, 78 FR
56148, Sept. 12, 2013]

Subpart H - Ex Parte
Communications
SOURCE: Docket No. 27783, 61 FR 54004, Oct.
16, 1996, unless otherwise noted. Redesignated at 78 FR 56148, Sept. 12, 2013.

Section 16.301 Prohibited ex parte communications.
(a) The prohibitions of this section
shall apply from the time a proceeding
is noticed for hearing unless the person
responsible for the communication has
knowledge that it will be noticed, in
which case the prohibitions shall apply
at the time of the acquisition of such
knowledge.
(b) Except to the extent required for
the disposition of ex parte matters as
authorized by law:
(1) No interested person outside the
FAA and no FAA employee participating as a party shall make or knowingly cause to be made to any
decisional employee an ex parte communication relevant to the merits of
the proceeding;
(2) No FAA employee shall make or
knowingly cause to be made to any interested person outside the FAA an ex
parte communication relevant to the
merits of the proceeding; or
(3) Ex parte communications regarding solely matters of agency procedure
or practice are not prohibited by this
section.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated at Amdt. 16-1, 78 FR 56148, Sept.
12, 2013]

Section 16.303 Procedures for handling ex
parte communications.
A decisional employee who receives
or who makes or knowingly causes to
be made a communication prohibited
by Section 16.303 shall place in the public
record of the proceeding:
(a) All such written communications;
(b) Memoranda stating the substance
of all such oral communications; and
(c) All written responses, and memoranda stating the substance of all oral
responses, to the materials described in
paragraphs (a) and (b) of this section.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated at Amdt. 16-1, 78 FR 56148, Sept.
12, 2013]

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