National Business Aviation Association comments on NTSB final rule that leaves standing the Rules of Practice in Air Safety Proceedings that leaves in place the so-called “assumption of truth requirement” whereby the NTSB administrative law judges’ review of FAA determinations under its emergency revocation authority in pilot enforcement actions assume that the FAA’s findings of fact are correct and accurate.

Stated another way, the NTSB administrative law judges have no authority to reconsider evidentiary conclusions at the FAA level even on an “arbitrary and capricious” or “clearly erroneous” standard akin to what appellate courts exercise when reviewing the findings of a trial court or administrative agency hearing. NBAA write – up and NTSB final rule.

Aviation Week November 19, 2012.


Update on implementation of the North American Emission Control Area under Annex VI of MARPOL, which is implemented in U.S. through federal statute Act to Prevent Pollution from Ships. Blank Rome LLP write-up.

MARPOL garbage regulations to go into effect January 1, 2013. Blank Rome LLP write-up.


U.S. Surface Transportation Board proposes expansion in “paper barrier” disclosure rules – i.e., relating to interchange commitments in connection with sale or lease of a rail line. Thompson Hine LLP write-up.


Mitigation of damages and salvage of cargo considerations in wake of Sandy. Wilson Elser write-up.

A purchaser of goods whose employees personally intervened in negotiations between shipping intermediaries can be held to be bound by the terms of the bill of lading says the U.S. Court of Appeals for the Seventh Circuit. Masuda Funai write-up (scroll about half way down the page).

Hazardous Materials / Dangerous Cargo

Summary on shipper’s liability for dangerous cargo under general maritime law (International Maritime Dangerous Goods Code). Blank Rome write-up (Page 10 of newsletter).