[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR845.41]

[Page 202]
 
                        TITLE 49--TRANSPORTATION
 
           CHAPTER VIII--NATIONAL TRANSPORTATION SAFETY BOARD
 
PART 845_RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/INCIDENT HEARINGS AND REPORTS--Table of Contents
 
                         Subpart C_Board Reports
 
Sec.  845.41  Petitions for reconsideration or modification.

    (a) Petitions for reconsideration or modification of the Board's 
findings and determination of probable cause filed by a party to an 
investigation or hearing or other person having a direct interest in the 
accident investigation will be entertained only if based on the 
discovery of new evidence or on a showing that the Board's findings are 
erroneous. The petitions shall be in writing. Petitions which are 
repetitious of proposed findings submitted pursuant to Sec.  845.27, or 
of positions previously advanced, and petitions filed by a party to the 
hearing who failed to submit proposed findings pursuant to Sec.  845.27 
will not be entertained. Petitions based on the discovery of new matter 
shall: identify the new matter; contain affidavits of prospective 
witnesses, authenticated documents, or both, or an explanation of why 
such substantiation is unavailable; and state why the new matter was not 
available prior to Board's adoption of its findings. Petitions based on 
a claim of erroneous findings shall set forth in detail the grounds 
relied upon.
    (b) When a petition for reconsideration or modification is filed 
with the Board, copies of the petition and any supporting documentation 
shall be served on all other parties to the investigation or hearing and 
proof of service shall be attached to the petition. The other parties 
may file comments no later than 90 days after service of the petition.
    (c) Oral presentation before the Board normally will not form a part 
of proceedings under this part. However, the Board may permit oral 
presentation where a party or interested person makes an affirmative 
showing that the written petition for reconsideration or modification is 
an insufficient means to present the party's or person's position to the 
Board. Where oral presentation is allowed, the Board will specify the 
issues to be addressed and all parties to the investigation or hearing 
will be given notice and the opportunity to participate.

[48 FR 52740, Nov. 22, 1983]