Sec. 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 as provided in 49 U.S.C. 46110 or section 519(b)(4) of the Airport and Airway Improvement Act of 1982, as amended, (AAIA), 49 U.S.C. 47106(d) and 47111(d). A party seeking judicial review of a final decision and order shall file a petition for review with the Court not later than 60 days after a final decision and order under the AAIA has been served on the party or within 60 days after the entry of an order under 49 U.S.C. 40101 et seq.
(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 §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 that becomes the final decision of the Associate Administrator because it was not appealed within the applicable time periods provided under §§16.33(b) and 16.241(b).
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