Page:United States Statutes at Large Volume 108 Part 2.djvu/41

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 757 part of the order and may order the Board to onduct further proceedings. After reasonable notice to the Board, the court may grant interim rehef by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive. (4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding. (5) A decision by a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28. (c) ADMINISTRATOR SEEKING JUDICIAL REVIEW OF AVIATION MATTERS. —When the Administrator of the Federal Aviation Administration decides that an order of the Board under section 44709 or 46301(d)(5) of this title will have a significant adverse impact on carrying out this chapter related to an aviation matter, the Administrator may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence. § 1154. Discovery and use of cockpit voice and other material (a) TRANSCRIPTS AND RECORDINGS.— (1) Except as provided by this subsection, a party in a judicial proceeding may not use discovery to obtain— (A) any part of a cockpit voice recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) of this title; and (B) a cockpit voice recorder recording. ^ (2)(A) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit voice recorder transcript if, after an in camera review of the transcript, the court decides that— (i) the part of the transcript made available to the public under section 1114(c) of this title does not provide the party with sufficient information for the party to receive a fair trial; and (ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the party to receive a fair trial. (B) A court may allow discovery, or require production for an in camera review, of a cockpit voice recorder transcript that the Board has not made available under section 1114(c) of this title only if the cockpit voice recorder recording is not available. (3) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit voice recorder recording if, after an in camera review of the recording, the court decides that— (A) the parts of the transcript made available to the public under section 1114(c) of this title and to the party through discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a fair trial; and (B) discovery of the cockpit voice recorder recording is necessary to provide the party with sufficient information for the party to receive a fair trial.

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