openregs: cfr_sections: 277 rows where agency = "NTSB" and title_number = 49 sorted by section

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277 rows where agency = "NTSB" and title_number = 49 sorted by section_id

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section_id ▼	title_number	title_name	chapter	part_number	part_name	subpart	subpart_name	section_heading	agency	amendment_citations	full_text
49:49:7.1.4.1.1.1.1.1	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	A	Subpart A—Organization and Functions	§ 800.1 Purpose.	NTSB	[49 FR 26232, June 27, 1984, as amended at 81 FR 75730, Nov. 1, 2016]	This subpart describes the organization, functions, and operation of the National Transportation Safety Board (Board).
49:49:7.1.4.1.1.1.1.2	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	A	Subpart A—Organization and Functions	§ 800.2 Organization.	NTSB	[60 FR 61488, Nov. 30, 1996, as amended at 61 FR 14521, Apr. 2, 1995; 63 FR 71605, Dec. 29, 1998; 64 FR 5621, Feb. 4, 1999; 81 FR 75730, Nov. 1, 2016]	The Board consists of five Members appointed by the President with the advice and consent of the Senate. One of the Members is designated by the President as Chairman with the advice and consent of the Senate and one as Vice Chairman. The Members exercise various functions, powers, and duties set forth in 49 U.S.C. chapter 11. The Board is an independent agency of the United States. More detailed descriptions of the Board and its work are contained in other parts of this chapter VIII, notably parts 825, 830 through 835, and 840 through 850. Various special delegations of authority from the Board and the Chairman to the staff are set forth in subpart B of this part. The Board's staff is comprised of the following principal components: (a) The Office of the Managing Director, which assists the Chairman in the discharge of his functions as executive and administrative head of the Board; coordinates and directs the activities of the staff; is responsible for the day-to-day operation of the Board; and recommends and develops plans to achieve the Board's program objectives. The Office of the Managing Director also provides executive secretariat services to the Board. (b) The Office of Government, Public, and Family Affairs, which supplies the Congress and Federal, State, and local government agencies with information regarding the Safety Board's activities, programs and objectives; supplies the public, the transportation industry and the news media with current, accurate information concerning the work, programs, and objectives of the Board; coordinates public and private responsibilities, including aid to survivors and families of accident victims, in the wake of transportation disasters. This Office maintains the 24-hour Communications Center, which assists in coordinating accident notification and launch operations for all modes and provides an off-hour base for family assistance functions during accident investigations. (c) The Office of the General Counsel, which provides legal advice and assistance to the Boar…
49:49:7.1.4.1.1.1.1.3	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	A	Subpart A—Organization and Functions	§ 800.3 Functions.	NTSB	[81 FR 75730, Nov. 1, 2016]	(a) The primary function of the Board is to promote safety in transportation. The Board is responsible for the investigation, determination of facts, conditions, and circumstances and the cause or probable cause or causes of: (1) All accidents involving civil aircraft, and certain public aircraft; (2) Highway accidents, including railroad grade-crossing accidents, the investigation of which is selected in cooperation with the States; (3) Railroad accidents in which there is a fatality, substantial property damage, or which involve a passenger train; (4) Pipeline accidents in which there is a fatality, significant injury to the environment, or substantial property damage; and (5) Major marine casualties and marine accidents involving a public and a non-public vessel or involving Coast Guard functions. (b) The Board makes transportation safety recommendations to federal, state, and local agencies and private organizations to reduce the likelihood of transportation accidents. It initiates and conducts safety studies and special investigations on matters pertaining to safety in transportation, assesses techniques and methods of accident investigation, evaluates the effectiveness of transportation safety consciousness and efficacy of other Government agencies, and evaluates the adequacy of safeguards and procedures concerning the transportation of hazardous materials. (c) Upon application of affected parties, the Board reviews in quasijudicial proceedings, conducted pursuant to the Administrative Procedure Act, 5 U.S.C. 551 et seq., denials by the Administrator of the Federal Aviation Administration of applications for airman certificates and orders of the Administrator modifying, amending, suspending, or revoking certificates or imposing civil penalties. The Board also reviews on appeal the decisions of the head of the agency in which the U.S. Coast Guard is operating, on appeals from orders of administrative law judges suspending, revoking, or denying seamen licenses, certificates, or documents. (d) The Bo…
49:49:7.1.4.1.1.1.1.4	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	A	Subpart A—Organization and Functions	§ 800.4 Operation.	NTSB	[49 FR 26232, June 27, 1984, as amended at 60 FR 61489, Nov. 30, 1995; 81 FR 75730, Nov. 1, 2016]	In exercising its functions, duties, and responsibilities, the Board utilizes: (a) The Board's staff, consisting of specialized offices dealing with particular areas of transportation safety and performing administrative and technical work for the Board. The staff advises the Board and performs duties for the Board that are inherent in the staff's position in the organizational structure or that the Board has delegated to it. The staff is described more fully in § 800.2. (b) Rules published in the Federal Register and codified in this Title 49 of the Code of Federal Regulations. These rules may be inspected in the Board's public reference room, or purchased from the Superintendent of Documents, Government Publishing Office. (c) Procedures and policies set forth in the agency's internal directives system which govern the activities of employees and organizational components of the Board. The internal directives system is designated as the NTSB Manual and consists of instructions which are called NTSB Orders and NTSB Notices. (d) Meetings of the Board Members conducted pursuant to the Government in the Sunshine Act. (e) Public hearings in connection with transportation accident investigations and public hearings and oral arguments in proceedings concerned with certificates or licenses issued by the Secretary or an Administrator of the Department of Transportation or the Commandant of the United States Coast Guard. They are held at the time and place announced in the notices thereof which are served on the parties to the proceedings or published in the Federal Register.
49:49:7.1.4.1.1.1.1.5	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	A	Subpart A—Organization and Functions	§ 800.5 Office locations.	NTSB	[60 FR 61489, Nov. 30, 1995, as amended at 81 FR 75731, Nov. 1, 2016]	The principal offices of the National Transportation Safety Board are located at 490 L'Enfant Plaza East, SW., Washington, DC 20594-003. The Board maintains field offices in selected cities throughout the United States.
49:49:7.1.4.1.1.1.1.6	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	A	Subpart A—Organization and Functions	§ 800.6 Availability of information and materials.	NTSB		Part 801 of this chapter provides detailed information concerning the availability of Board documents and records. That part also provides a fee schedule and information concerning inspection and copying.
49:49:7.1.4.1.1.2.1.1	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.21 Purpose.	NTSB	[60 FR 61489, Nov. 30, 1995, as amended at 81 FR 75731, Nov. 1, 2016]	The purpose of this subpart is to publish special delegations of authority to staff members.
49:49:7.1.4.1.1.2.1.2	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.22 Delegation to the Managing Director.	NTSB	[60 FR 61489, Nov. 30, 1995, as amended at 81 FR 75731, Nov. 1, 2016]	(a) The Board delegates to the Managing Director the authority to: (1) Make the final determination, on appeal, as to whether to withhold a Board record from inspection or copying, pursuant to Part 801 of this chapter. (2) Approve for publication in the Federal Register notices concerning issuance of accident reports and safety recommendations and responses to safety recommendations, as required by 49 U.S.C. 1131(e), 1135(c). (b) The Chairman delegates to the Managing Director the authority to exercise and carry out, subject to the direction and supervision of the Chairman, the following functions vested in the Chairman: (1) The appointment and supervision of personnel employed by the Board; (2) The distribution of business among such personnel and among organizational components of the Board; and (3) The use and expenditure of funds.
49:49:7.1.4.1.1.2.1.3	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.23 Delegation to the administrative law judges, Office of Administrative Law Judges.	NTSB	[60 FR 61489, Nov. 30, 1995]	The Board delegates to the administrative law judges the authority generally detailed in its procedural regulations at Part 821 of this chapter.
49:49:7.1.4.1.1.2.1.4	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.24 Delegation to the General Counsel.	NTSB	[60 FR 61489, Nov. 30, 1995, as amended at 63 FR 71606, Dec. 29, 1998; 81 FR 75731, Nov. 1, 2016]	The Board delegates to the General Counsel the authority to: (a) Approve, disapprove, request more information, or otherwise handle requests for testimony of Board employees with respect to their participation in the investigation of accidents, and, upon receipt of notice that an employee has been subpoenaed, to make arrangements with the court either to have the employee excused from testifying or to give the employee permission to testify in accordance with the provisions of Part 835 of this Chapter. (b) Approve or disapprove in safety enforcement proceedings, for good cause shown, requests for extensions of time or for other changes in procedural requirements subsequent to the initial decision, grant or deny requests to file additional and/or amicus briefs pursuant to §§ 821.9 and 821.48 of this Chapter, and raise on appeal any issue the resolution of which he deems important to the proper disposition of proceedings under § 821.49 of this Chapter. (c) Approve or disapprove, for good cause shown, requests to extend the time for filing comments on proposed new or amended regulations. (d) Issue regulations for the purpose of making editorial changes or corrections in the Board's rules and regulations. (e) Issue orders staying or declining to stay, pending judicial review, orders of the Board suspending or revoking certificates, and consent to the entry of judicial stays with respect to such orders. (f) Compromise civil penalties in the case of violations arising under 49 U.S.C. chapter 11, subchapter IV, or any rule, regulation, or order issued thereunder. (g) Issue orders dismissing appeals from initial decisions of Board administrative law judges pursuant to the request of the appellant or, where the request is consensual, at the request of any party. (h) Correct Board orders by eliminating typographical, grammatical, and similar errors, and make editorial changes therein not involving matters of substance. (i) Take such action as appropriate or necessary adequately to compromise, settle, or otherwis…
49:49:7.1.4.1.1.2.1.5	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.25 Delegation to the Directors of Office of Aviation Safety, Office of Railroad Safety, Office of Highway Safety, Office of Marine Safety, and Office of Pipeline and Hazardous Materials Safety.	NTSB	[60 FR 61489, Nov. 30, 1995, as amended at 63 FR 71606, Dec. 29, 1998; 81 FR 75731, Nov. 1, 2016]	The Board delegates to the Directors of the Offices of Aviation, Railroad, Highway, Marine, and Pipeline and Hazardous Materials Safety, the authority to: (a) Order an investigation into the facts, conditions, and circumstances of accidents that the Board has authority to investigate. (b) Disclose factual information pertinent to all accidents or incidents as provided for in Part 801 of this chapter. (c) Determine the probable cause(s) of accidents in which the determination is issued in the “Brief of Accident” format, except that the Office Director will submit the findings of the accident investigation to the Board for determination of the probable cause(s) when (1) any Board Member so requests, (2) it appears to the Office Director that, because of significant public interest, a policy issue, or a safety issue of other matter, the determination of the probable cause(s) should be made by the Board, or (3) the accident investigation will be used to support findings in a special investigation or study. Provided, that a petition for reconsideration or modification of a determination of the probable cause(s) made under § 845.31 of this chapter shall be acted on by the Board. (d) Consistent with Board resources, investigate accidents as provided under 49 U.S.C. 1131 and the appendix to this part.
49:49:7.1.4.1.1.2.1.6	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.26 Delegation to the Chief, Public Inquiries Branch.	NTSB	[63 FR 71606, Dec. 29, 1998, as amended at 81 FR 75731, Nov. 1, 2016]	The Board delegates to the Chief, Public Inquiries Branch, the authority to determine, initially, the withholding of a Board record from inspection or copying, pursuant to part 801 of this chapter.
49:49:7.1.4.1.1.2.1.7	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.27 Delegation to investigative officers and employees of the Board.	NTSB	[60 FR 61490, Nov. 30, 1995, as amended at 81 FR 75731, Nov. 1, 2016]	The Board delegates to any officer or employee of the Board designated by the Chairman the authority to sign and issue subpoenas, and administer oaths and affirmations, and to take depositions or cause them to be taken in connection with the investigation of transportation accidents or incidents.
49:49:7.1.4.1.1.2.1.8	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	B	Subpart B—Delegations of Authority to Staff Members	§ 800.28 Delegation to the Chief Financial Officer.	NTSB	[63 FR 71606, Dec. 29, 1998]	The Board delegates to the Chief Financial Officer the authority to settle claims for money damages of $2,500 or less against the United States arising under Section 2672 of 28 United States Code (the Federal Tort Claims Act) because of acts or omissions of Board employees.
49:49:7.1.4.1.1.3.1.1	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.30 Applicability.	NTSB	[80 FR 57309, Sept. 23, 2015, as amended at 81 FR 75731, Nov. 1, 2016]	This subpart prescribes rulemaking procedures that apply to the issuance, amendment, and revocation of rules pursuant to 49 U.S.C. 1113(f).
49:49:7.1.4.1.1.3.1.10	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.39 Additional rulemaking proceedings.	NTSB		The NTSB may initiate any further rulemaking proceedings it finds necessary or desirable. For example, interested persons may be invited to make oral arguments, to participate in conferences between the Board or a representative of the Board and interested persons at which minutes of the conference are kept, to appear at informal hearings presided over by officials designated by the Board, at which a transcript or minutes are kept, or participate in any other proceeding to assure informed administrative action and to protect the public interest.
49:49:7.1.4.1.1.3.1.11	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.40 Hearings.	NTSB		(a) Sections 556 and 557 of title 5, United States Code, do not apply to hearings held under this part. Unless otherwise specified, hearings held under this part are informal, fact-finding proceedings, at which there are no formal pleadings or adverse parties. Any rule issued in a case in which an informal hearing is held is not necessarily based exclusively on the record of the hearing. (b) The NTSB designates a representative to conduct any hearing held under this part. The General Counsel or a designated member of his or her staff may serve as legal officer at the hearing.
49:49:7.1.4.1.1.3.1.12	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.41 Adoption of final rules.	NTSB		Final rules are prepared by representatives of the office concerned and the Office of the General Counsel. The rule is then submitted to the Board for its consideration. If the Board adopts the rule, it is published in the Federal Register .
49:49:7.1.4.1.1.3.1.13	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.42 Petitions for rulemaking.	NTSB		(a) Any interested person may petition the Chairman to establish, amend, or repeal a rule. (b) Each petition filed under this section must: (1) Be submitted in duplicate to the Chairman, National Transportation Safety Board, 490 L'Enfant Plaza SW., Washington, DC 20594-0003; (2) Set forth the text or substance of the rule or amendment proposed, or specify the rule the petitioner seeks to have repealed, as the case may be; (3) Explain the interest of the petitioner in the action requested; and (4) Contain any information and arguments available to the petitioner to support the action sought.
49:49:7.1.4.1.1.3.1.14	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.43 Processing of petition.	NTSB		(a) Unless the NTSB otherwise specifies, no public hearing, argument, or other proceeding is held directly on a petition before its disposition under this section. (b) Grants. If the agency determines the petition contains adequate justification, it initiates rule making action this subpart. (c) Denials. If the agency determines the petition does not justify rulemaking, it denies the petition. (d) Notification. Whenever the agency determines a petition should be granted or denied, the Office of the General Counsel prepares a notice of the grant or denial for issuance to the petitioner, and the agency issues it to the petitioner.
49:49:7.1.4.1.1.3.1.15	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.44 Direct final rulemaking procedures.	NTSB		A direct final rule makes regulatory changes and states those changes will take effect on a specified date unless the NTSB receives an adverse comment or notice of intent to file an adverse comment by the date specified in the direct final rule published in the Federal Register . (a) Types of actions appropriate for direct final rulemaking. Rules the Board determines to be non-controversial and unlikely to result in adverse public comments may be published in the final rule section of the Federal Register as direct final rules. These include non-controversial rules that: (1) Make non-substantive clarifications or corrections to existing rules; (2) Incorporate by reference the latest or otherwise updated versions of technical or industry standards; (3) Affect internal NTSB procedures; (4) Update existing forms; and (5) Make minor changes to rules regarding statistics and reporting requirements, such as a change in reporting period (for example, from quarterly to annually) or eliminating a type of data collection no longer necessary. (b) Adverse comment. An adverse comment is a comment the NTSB judges to be critical of the rule, to suggest the rule should not be adopted, or to suggest a change should be made to the rule. Under the direct final rule process, the NTSB does not consider the following types of comments to be adverse: (1) Comments recommending another rule change, unless the commenter states the direct final rule will be ineffective without the change; (2) Comments outside the scope of the rule and comments suggesting the rule's policy or requirements should or should not be extended to other topics outside the scope of the rule; (3) Comments in support of the rule; or (4) Comments requesting clarification. (c) Confirmation of effective date. The NTSB will publish a confirmation rule document in the Federal Register if it has not received an adverse comment or notice of intent to file an adverse comment by the date specified in the direct final rule. The confirmation rule document…
49:49:7.1.4.1.1.3.1.16	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.45 Interim rulemaking procedures.	NTSB		(a) An interim rule may be issued when it is in the public interest to promulgate an effective rule while keeping the rulemaking open for further refinement. For example, an interim rule may be issued in instances when normal procedures for notice and comment prior to issuing an effective rule are not required, minor changes to the final rule may be necessary after the interim rule has been in place for some time, or the interim rule only implements portions of a proposed rule, while other portions of the proposed rule are still under development. (b) An interim rule will be published in the Federal Register with an effective date on or after the date of publication. After the effective date, an interim rule is enforceable and is codified in the next annual revision of the Code of Federal Regulations.
49:49:7.1.4.1.1.3.1.2	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.31 Public reading room.	NTSB	[80 FR 57309, Sept. 23, 2015, as amended at 81 FR 75731, Nov. 1, 2016]	Information and data relevant to NTSB rulemaking actions, including notices of proposed rulemaking; comments received in response to notices; petitions for rulemaking and reconsideration; denials of petitions for rulemaking; and final rules are maintained in the NTSB's public reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-2003.
49:49:7.1.4.1.1.3.1.3	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.32 Initiation of rulemaking.	NTSB		The NTSB may initiate rulemaking either on its own motion or on petition by any interested person after a determination that grant of the petition is advisable. The NTSB may also consider the recommendations of other agencies of the United States.
49:49:7.1.4.1.1.3.1.4	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.33 Notice of proposed rulemaking.	NTSB	[80 FR 57309, Sept. 23, 2015, as amended at 81 FR 75731, Nov. 1, 2016]	Unless the NTSB, for good cause, finds notice is impracticable, unnecessary, or contrary to the public interest, and incorporates that finding and a brief statement of the reasons for it in the rule, a notice of proposed rulemaking is issued and interested persons are invited to participate in the rulemaking proceedings under applicable provisions of 5 U.S.C. 553.
49:49:7.1.4.1.1.3.1.5	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.34 Contents of notices of proposed rulemaking.	NTSB		(a) Each notice of proposed rulemaking is published in the Federal Register . (b) Each notice includes: (1) A statement of the time, place, and nature of the proposed rulemaking proceeding; (2) A reference to the authority under which it is issued; (3) A description of the subjects and issues involved or the substance and terms of the proposed rule; (4) A statement of the time within which written comments must be submitted; and (5) A statement of how and to what extent interested persons may participate in the proceedings.
49:49:7.1.4.1.1.3.1.6	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.35 Participation of interested persons.	NTSB	[80 FR 57309, Sept. 23, 2015, as amended at 81 FR 75731, Nov. 1, 2016]	(a) Any interested person may participate in a rulemaking proceeding by submitting written comments,information, views or arguments. (b) In its discretion, the agency may invite any interested person to participate in the rulemaking procedures described in this subpart.
49:49:7.1.4.1.1.3.1.7	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.36 Petitions for extension of time to comment.	NTSB		A petition for extension of the time to submit comments must be received not later than 10 days before the end of the comment period stated in the notice. The petition must be submitted to: General Counsel, National Transportation Safety Board, 490 L'Enfant Plaza SW., Washington, DC 20594-2003. The filing of the petition does not automatically extend the time for petitioner's comments. Such a petition is granted only if the petitioner shows good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted, it is granted to all persons, and the NTSB will publish a notice of the extension of the comment period in the Federal Register .
49:49:7.1.4.1.1.3.1.8	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.37 Contents of written comments.	NTSB		All written comments shall be in English. Unless otherwise specified in a notice requesting comments, comments may not exceed 15 pages in length, but necessary attachments may be appended to the submission without regard to the 15-page limit. Any commenter shall submit as a part of his or her written comments all material he or she considers relevant to any statement of fact made in the comment. Commenters should avoid incorporation by reference. However, if incorporation by reference is necessary, the incorporated material shall be identified with respect to document and page. The NTSB may reject comments if they are frivolous, abusive, or repetitious. The NTSB may also reject comments filed electronically if the commenter does not adhere to the electronic filing instructions at the Federal Docket Management System Web site.
49:49:7.1.4.1.1.3.1.9	49	Transportation	VIII	800	PART 800—ADMINISTRATIVE RULES	C	Subpart C—Procedures for Adoption of Rules	§ 800.38 Consideration of comments received.	NTSB		All timely comments are considered before final action is taken on a rulemaking proposal. Late filed comments may be considered to the extent practicable.
49:49:7.1.4.1.10.0.1.1	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.1 Applicability.	NTSB		The provisions of this part govern all proceedings before the National Transportation Safety Board (Board) on appeals taken from decisions, on or after April 1, 1975, of the Commandant, U.S. Coast Guard, sustaining orders of an administrative law judge, revoking, suspending, or denying a license, certificate, document, or register in proceedings under: (a) R.S. 4450, as amended (46 U.S.C. 239); (b) Act of July 15, 1954 (46 U.S.C. 239a-b); or (c) Section 4, Great Lakes Pilotage Act (46 U.S.C. 216(b)).
49:49:7.1.4.1.10.0.1.2	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.5 Notice of appeal.	NTSB		(a) A party may appeal from the Commandant's decision sustaining an order of revocation, suspension, or denial of a license, certificate, document, or register in proceedings described in § 825.1, by filing a notice of appeal with the Board within 10 days after service of the Commandant's decision upon the party or his designated attorney. Upon good cause shown, the time for filing may be extended. (b) Notice of appeal shall be addressed to the Docket Clerk, National Transportation Safety Board, Washington, DC 20594. At the same time, a copy shall be served on the Commandant (GL), U.S. Coast Guard, Washington, DC 20590. (c) The notice of appeal shall state the name of the party, the number of the Commandant's decision, and, in brief, the grounds for the appeal.
49:49:7.1.4.1.10.0.1.3	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.10 Referral of record.	NTSB		Upon receipt of a notice of appeal, the Commandant shall immediately transmit to the Board the complete record of the hearing upon which his decision was based. This includes the charges, the transcript of testimony, and hearing proceedings (including exhibits), briefs filed by the party, the decision of the administrative law judge, and the Commandant's decision on appeal. It does not include intra-agency staff memoranda provided as advice to the Commandant to aid in his decision.
49:49:7.1.4.1.10.0.1.4	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.15 Issues on appeal.	NTSB		The only issues that may be considered on appeal are: (a) A finding of a material fact is erroneous; (b) A necessary legal conclusion is without governing precedent or is a departure from or contrary to law or precedent; (c) A substantial and important question of law, policy, or discretion is involved; or (d) A prejudicial procedural error has occurred.
49:49:7.1.4.1.10.0.1.5	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.20 Briefs in support of appeal.	NTSB		(a) Within 20 days after the filing of a notice of appeal, the appellant must file, in the same manner as prescribed for the notice in § 825.5, a brief in support of the appeal. (b) This document shall set forth: (1) The name and address of the appellant; (2) The number and a description of the license, certificate, document, or register involved; (3) A summary of the charges affirmed by the Commandant as proved; (4) Fact findings by the Commandant disputed by the appellant; (5) Specific statements of errors of laws asserted; (6) Specific statements of any abuse of discretion asserted; and (7) The relief requested. (c) Objection based upon evidence of record need not be considered unless the appeal contains specific record citation to the pertinent evidence. (d) When a brief has been filed by appellant under this section, the Coast Guard may, within 15 days of service of the brief on the Commandant, submit to the Board a reply brief. (e) If a party who has filed a notice of appeal does not perfect the appeal by the timely filing of an appeal brief, the Board may dismiss the appeal on its own initiative or on motion of the Coast Guard.
49:49:7.1.4.1.10.0.1.6	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.25 Oral argument.	NTSB		(a) If any party desires to argue a case orally before the Board, he should request leave to make such argument in his brief filed pursuant to § 825.20. (b) Oral argument before the Board will normally not be granted unless the Board finds good cause for such argument. If granted, the parties will be advised of the date.
49:49:7.1.4.1.10.0.1.7	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.30 Action by the Board.	NTSB		(a) On review by the Board, if no reversible error is found in the Commandant's decision on appeal, that decision will be affirmed. (b) On review by the Board, if reversible error is found in the Commandant's decision on appeal, the Board may: (1) Set aside the entire decision and dismiss the charges if it finds the error incurable; or (2) Set aside the order, or conclusions, or findings of the Commandant and remand the case to him for further consideration if it finds the error curable. (c) When a matter has been remanded to the Commandant under paragraph (b) of this section, the Commandant may act in accordance with the terms of the order of remand, or he may, as appropriate, further remand the matter to the administrative law judge of the Coast Guard who heard the case, or to another administrative law judge of the Coast Guard, with appropriate directions.
49:49:7.1.4.1.10.0.1.8	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.35 Action after remand.	NTSB		When a case has been remanded under § 825.30, a party shall retain all rights of review under 46 CFR part 5 and this part, as applicable.
49:49:7.1.4.1.10.0.1.9	49	Transportation	VIII	825	PART 825—RULES OF PROCEDURE FOR MERCHANT MARINE APPEALS FROM DECISIONS OF THE COMMANDANT, U.S. COAST GUARD			§ 825.40 Ex parte communications.	NTSB	[42 FR 21614, Apr. 28, 1977]	(a) As used in this section: Board decisional employee means a Board Member or employee who is or who may reasonably be expected to be involved in the decisional process of the proceeding; Ex parte communication means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this part. (b) The prohibition of paragraph (c) 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 prohibition shall apply at the time of the acquisition of such knowledge. (c) Except to the extent required for the disposition of ex parte matters as authorized by law: (1) No interested person outside the Board shall make or knowingly cause to be made to any Board employee an ex parte communication relevant to the merits of the proceeding; (2) No Board employee shall make or knowingly cause to be made to any interested person outside the Board an ex parte communication relevant to the merits of the proceeding. Ex parte communications regarding solely matters of Board procedure or practice are not prohibited by this paragraph. (d) A Board employee who receives or who makes or knowingly causes to be made a communication prohibited by paragraph (c) of this section, shall place on the public record of the proceeding: (1) All such written communications; (2) Memoranda stating the substance of all such oral communication; and (3) All written responses, and memoranda stating the substance of all oral responses, to materials described in paragraphs (d) (1) and (2) of this section. (e) Upon receipt of a communication knowingly made or caused to be made in violation of paragraph (c) of this section, the Board may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause…
49:49:7.1.4.1.11.1.1.1	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.1 Purpose of these rules.	NTSB	[77 FR 63253, Oct. 16, 2012]	The Equal Access to Justice Act, 5 U.S.C. 504 (the Act), provides for the award of attorney fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (adversary adjudications) before the National Transportation Safety Board. An eligible party may receive an award when it prevails over the Federal Aviation Administration (FAA), unless the FAA's position in the proceeding was substantially justified or special circumstances make an award unjust. The rules in this part describe the parties eligible for awards and the proceedings that are covered. They also explain how to apply for awards, and the procedures and standards this Board will use to make them. As used hereinafter, the term “Administrator” refers to the Administrator of the FAA.
49:49:7.1.4.1.11.1.1.2	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.2 When the Act applies.	NTSB	[59 FR 30531, June 14, 1994]	The Act applies to any adversary adjudication identified in § 826.3 as covered under the Act.
49:49:7.1.4.1.11.1.1.3	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.3 Proceedings covered.	NTSB	[46 FR 48209, Oct. 1, 1981, as amended at 59 FR 59054, Nov. 15, 1994]	(a) The Act applies to certain adversary adjudications conducted by the Board. These are adjudications under 5 U.S.C. 554 in which the position of the FAA is presented by an attorney or other representative who enters an appearance and participates in the proceedings. Proceedings to grant or renew certificates or documents, hereafter referred to as “licenses,” are excluded, but proceedings to modify, suspend, or revoke licenses or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman (or person acting in that capacity) are covered if they are otherwise “adversary adjudications.” For the Board, the type of proceeding covered includes (but may not be limited to) aviation enforcement cases appealed to the Board under sections 501, 609, 611 and 901 of the Federal Aviation Act (49 U.S.C. 44101 et seq., 44720-44711, 44715, 46301). (b) The Board may also designate a proceeding not listed in paragraph (a) as an adversary adjudication for purposes of the Act by so stating in an order initiating the proceeding or designating the matter for hearing. The Board's failure to designate a proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the Act; whether the procedure is covered will then be an issue for resolution in proceedings on the application. (c) If a proceeding includes both matters covered by the Act and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.
49:49:7.1.4.1.11.1.1.4	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.4 Eligibility of applicants.	NTSB	[46 FR 48209, Oct. 1, 1981, as amended at 54 FR 10332, Mar. 13, 1989]	(a) To be eligible for an award of attorney fees and other expenses under the Act, the applicant must be a party to the adversary adjudication for which it seeks an award. The term “party” is defined in 5 U.S.C. 551(3). The applicant must show that it meets all conditions of eligibility set out in this subpart and in subpart B. (b) The types of eligible applicants are as follows: (1) An individual with a net worth of not more than $2 million; (2) The sole owner of an unincorporated business who has a net worth of not more than $7 million, including both personal and business interests, and not more than 500 employees; (3) A charitable or other tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees; (4) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 employees; and (5) Any other partnership, corporation, association, or public or private organization with a net worth of not more than $7 million and not more than 500 employees. (c) For the purpose of eligibility, the net worth and number of employees of an applicant shall be determined as of the date the proceeding was initiated. (d) An applicant who owns an unincorporated business will be considered an “individual” rather than a “sole owner of an unincorporated business” if the issues on which the applicant prevails are related primarily to personal interests rather than to business interests. (e) The employees of an applicant include all persons who regularly perform services for remuneration for the applicant, under the applicant's direction and control. Part-time employees shall be included on a proportional basis. (f) The net worth and number of employees of the applicant and all of its affiliates shall be aggregated to determine eligibility. Any individual, corporation, or other entity that directly or indirectly controls or owns a majority of the voting shares or other interest of th…
49:49:7.1.4.1.11.1.1.5	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.5 Standards for awards.	NTSB		(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding, or in a significant and discrete substantive portion of the proceeding, unless the position of the agency over which the applicant has prevailed was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the agency counsel, who may avoid an award by showing that the agency's position was reasonable in law and fact. (b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if special circumstances make the award sought unjust.
49:49:7.1.4.1.11.1.1.6	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.6 Allowable fees and expenses.	NTSB	[46 FR 48209, Oct. 1, 1981, as amended at 58 FR 21544, Apr. 22, 1993; 59 FR 30531, June 14, 1994]	(a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents, and expert witnesses, even if the services were made available without charge or at a reduced rate to the applicant. (b)(1) No award for the fee of an attorney or agent under these rules may exceed $75 indexed as follows: The CPI to be used is the annual average CPI, All Urban Consumers, U.S. City Average, All Items, except where a local, All Item index is available. Where a local index is available, but results in a manifest inequity vis-a-vis the U.S. City Average, the U.S. City Average may be used. The numerator of that equation is the yearly average for the year(s) the services were provided, with each year calculated separately. If an annual average CPI for a particular year is not yet available, the prior year's annual average CPI shall be used. This formula increases the $75 statutory cap by indexing it to reflect cost of living increases, as authorized in 5 U.S.C. 504(b)(1)(A)(ii). Application of these increased rate caps requires affirmative findings under § 821.6(c) of this chapter. For ease of application, available U.S. City figures are reproduced as follows: (2) No award to compensate an expert witness may exceed the highest rate at which the agency pays expert witnesses. However, an award may also include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent, or witness ordinarily charges clients separately for such expenses. (c) In determining the reasonableness of the fee sought for an attorney, agent, or expert witness, the administrative law judge shall consider the following: (1) If the attorney, agent, or witness is in private practice, his or her customary fee for similar services, or if an employee of the applicant, the fully allocated cost of the services; (2) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services; (3) The time actually spent in …
49:49:7.1.4.1.11.1.1.7	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.7 Rulemaking on maximum rates for attorney fees.	NTSB	[58 FR 21545, Apr. 22, 1993]	(a) In addition to increases based on cost of living ( see § 826.6), attorney fees in some or all of the proceedings covered by this part may also be increased beyond the statutory cap of $75 if warranted by special factors (such as limited availability of attorneys qualified to handle certain types of proceedings). The Board will conduct any rulemaking proceedings for this purpose under the informal rulemaking procedures of the Administrative Procedure Act. (b) Any person may file with the Board a petition for rulemaking to increase the maximum rate for attorney fees by demonstrating that a special factor(s) justifies a higher fee. The petition shall identify the rate the petitioner believes the Board should establish and the proceeding(s) or types of proceedings in which the rate should be used. It should also explain fully the reasons why the higher rate is warranted. The Board will respond to the petition within 60 days after it is filed, by initiating a rulemaking proceeding, denying the petition, or taking other appropriate action.
49:49:7.1.4.1.11.1.1.8	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	A	Subpart A—General Provisions	§ 826.8 Awards against the Federal Aviation Administration.	NTSB		When an applicant is entitled to an award because it prevails over an agency of the United States that participates in a proceeding before the Board and takes a position that is not substantially justified, the award shall be made against that agency.
49:49:7.1.4.1.11.2.1.1	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	B	Subpart B—Information Required From Applicants	§ 826.21 Contents of application.	NTSB	[46 FR 48209, Oct. 1, 1981, as amended at 59 FR 30532, June 14, 1994]	(a) An application for an award of fees and expenses under the Act shall identify the applicant and the proceeding for which an award is sought. The application shall show that the applicant has prevailed and identify the position of the agency in the proceeding that the applicant alleges was not substantially justified. Unless the applicant is an individual, the application shall also state the number of employees of the applicant and describe briefly the type and purpose of its organization or business. (b) The application shall also include a statement that the applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants, including their affiliates). However, an applicant may omit this statement if: (1) It attaches a copy of a ruling by the Internal Revenue Service that it qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)), or in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the applicant's belief that it qualifies under such section; or (2) It states that it is a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)). (c) The application shall state the amount of fees and expenses for which an award is sought. (d) The application may also include any other matters that the applicant wishes this agency to consider in determining whether and in what amount an award should be made. (e) The application shall be signed by the applicant or an authorized officer or attorney for the applicant. It shall also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true and correct.
49:49:7.1.4.1.11.2.1.2	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	B	Subpart B—Information Required From Applicants	§ 826.22 Net worth exhibit.	NTSB		(a) Each applicant except a qualified tax-exempt organization or cooperative association must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates (as defined in § 826.4(f) of this part) when the proceeding was initiated. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant's and its affiliates' assets and liabilities and is sufficient to determine whether the applicant qualifies under the standards in this part. The administrative law judge may require an applicant to file additional information to determine the eligibility for an award. (b) Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of information in any portion of the exhibit and believes there are legal grounds for withholding it from disclosure may submit that portion of the exhibit directly to the administrative law judge in a sealed envelope labeled “Confidential Financial Information,” accompanied by a motion to withhold the information from public disclosure. The motion shall describe the information sought to be withheld and explain, in detail, why it falls within one or more of the specific exemptions from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552(b) (1) through (9), why public disclosure of the information would adversely affect the applicant, and why disclosure is not required in the public interest. The material in question shall be served on counsel representing the agency against which the applicant seeks an award, but need not be served on any other party to the proceeding. If the administrative law judge finds that the information should not be withheld from disclosure, it shall be placed in the public record of the proceeding. Otherwise, any request to inspect or copy the exhibit shall be disposed of in accordance with the Board's established procedures under the Freedom of Information Act as inplemented by …
49:49:7.1.4.1.11.2.1.3	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	B	Subpart B—Information Required From Applicants	§ 826.23 Documentation of fees and expenses.	NTSB		The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project or similar matter, for which an award is sought. A separate itemized statement shall be submitted for each professional firm or individual whose services are covered by the application, showing the hours spend in connection with the proceeding by each individual, a description of the specific services performed, the rate at which each fee has been computed, any expenses for which reimbursement is sought, the total amount claimed, and the total amount paid or payable by the applicant or by any other person or entity for the services provided. The administrative law judge may require the applicant to provide vouchers, receipts, or other substantiation for any expenses claimed.
49:49:7.1.4.1.11.2.1.4	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	B	Subpart B—Information Required From Applicants	§ 826.24 When an application may be filed.	NTSB	[46 FR 48209, Oct. 1, 1981, as amended at 59 FR 30532, June 14, 1994]	(a) An application may be filed whenever the applicant has prevailed in the proceeding, but in no case no later than the 30 days after the Board's final disposition of the proceeding. This 30-day deadline is statutory and the Board has no authority to extend it. (b) If review or reconsideration is sought or taken of a decision to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy. (c) For purposes of this rule, final disposition means the later of (1) the date on which an unappealed initial decision by an administrative law judge becomes administratively final; (2) issuance of an order disposing of any petitions for reconsideration of the Board's final order in the proceeding; (3) if no petition for reconsideration is filed, the last date on which such a petition could have been filed; or (4) issuance of a final order or any other final resolution of a proceeding, such as a settlement or voluntary dismissal, which is not subject to a petition for reconsideration.
49:49:7.1.4.1.11.3.1.1	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.31 Filing and service of documents and general procedures.	NTSB	[59 FR 30532, June 14, 1994]	The rules contained in 49 CFR part 821 apply to proceedings under the Act, unless they are superseded by or are inconsistent with a provision of this part.
49:49:7.1.4.1.11.3.1.10	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.40 Payment of award.	NTSB	[77 FR 63253, Oct. 16, 2012]	Within 5 days of the Board's service of a final decision granting an award of fees and expenses to an applicant, the Administrator shall transmit to the applicant instructions explaining how the applicant may obtain the award. These instructions may require, but are not limited to, the submission of the following information to the Administrator: a statement that the applicant will not seek review of the decision in the United States courts, bank routing numbers to which the Administrator may transmit payment, and the applicant's tax identification or Social Security number. The Administrator will pay the applicant the amount awarded within 60 days of receiving the necessary information from the applicant, unless judicial review of the award or of the underlying decision of the adversary adjudication has been sought by the applicant or any other party to the proceeding.
49:49:7.1.4.1.11.3.1.2	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.32 Answer to application.	NTSB		(a) Within 30 days after service of an application, counsel representing the agency against which an award is sought may file an answer to the application. Unless agency counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file an answer within the 30-day period may be treated as a consent to the award requested. (b) If agency counsel and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer for an additional 30 days, and further extensions may be granted by the administrative law judge upon request by agency counsel and the applicant. (c) The answer shall explain in detail any objections to the award requested and identify the facts relied on in support of agency counsel's position. If the answer is based on any alleged facts not already in the record of the proceeding, agency counsel shall include with the answer either supporting affidavits or a request for further proceedings under § 826.36.
49:49:7.1.4.1.11.3.1.3	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.33 Reply.	NTSB		Within 15 days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply either supporting affidavits or a request for further proceedings under § 826.36.
49:49:7.1.4.1.11.3.1.4	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.34 Comments by other parties.	NTSB		Any party to a proceeding other than the applicant and agency counsel may file comments on an application within 30 days after it is served or on an answer within 15 days after it is served. A commenting party may not participate further in proceedings on the application unless the administrative law judge determines that the public interest requires such participation in order to permit full exploration of matters raised in the comments.
49:49:7.1.4.1.11.3.1.5	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.35 Settlement.	NTSB		The applicant and agency counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after the underlying proceeding has been concluded. If a prevailing party and agency counsel agree on a proposed settlement of an award before an application has been filed, the application shall be filed with the proposed settlement.
49:49:7.1.4.1.11.3.1.6	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.36 Further proceedings.	NTSB		(a) Ordinarily the determination of an award will be made on the basis of the written record; however, on request of either the applicant or agency counsel, or on his or her own initiative, the administrative law judge assigned to the matter may order further proceedings, such as an informal conference, oral argument, additional written submissions, or an evidentiary hearing. Such further proceedings shall be held only when necessary for full and fair resolution of the issues arising from the application and shall be conducted as promptly as possible. (b) A request that the administrative law judge order further proceedings under this section shall specifically identify the information sought or the disputed issues and shall explain why the additional proceedings are necessary to resolve the issues.
49:49:7.1.4.1.11.3.1.7	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.37 Decision.	NTSB		The administrative law judge shall issue an initial decision on the application within 60 days after completion of proceedings on the application. The decision shall include written findings and conclusions on the applicant's eligibility and status as a prevailing party and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the agency's position was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make an award unjust.
49:49:7.1.4.1.11.3.1.8	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.38 Board review.	NTSB		Either the applicant or agency counsel may seek review of the initial decision on the fee application, or the Board may decide to review the decision on its own initiative, in accordance with subpart H of part 821 for FAA safety enforcement matters appealed under section 609 of the Federal Aviation Act. If neither the applicant nor agency counsel seeks review and the Board does not take review on its own initiative, the initial decision on the application shall become a final decision of the Board 30 days after it is issued. Whether to review a decision is a matter within the discretion of the Board. If review is taken, the Board will issue a final decision on the application or remand the application to the administrative law judge who issued the initial fee award determination for further proceedings.
49:49:7.1.4.1.11.3.1.9	49	Transportation	VIII	826	PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980	C	Subpart C—Procedures for Considering Applications	§ 826.39 Judicial review.	NTSB		Judicial review of final Board decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2).
49:49:7.1.4.1.12.1.1.1	49	Transportation	VIII	830	PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS	A	Subpart A—General	§ 830.1 Applicability.	NTSB	[60 FR 40112, Aug. 7, 1995]	This part contains rules pertaining to: (a) Initial notification and later reporting of aircraft incidents and accidents and certain other occurrences in the operation of aircraft, wherever they occur, when they involve civil aircraft of the United States; when they involve certain public aircraft, as specified in this part, wherever they occur; and when they involve foreign civil aircraft where the events occur in the United States, its territories, or its possessions. (b) Preservation of aircraft wreckage, mail, cargo, and records involving all civil and certain public aircraft accidents, as specified in this part, in the United States and its territories or possessions.
49:49:7.1.4.1.12.1.1.2	49	Transportation	VIII	830	PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS	A	Subpart A—General	§ 830.2 Definitions.	NTSB	[53 FR 36982, Sept. 23, 1988, as amended at 60 FR 40112, Aug. 7, 1995; 75 FR 51955, Aug. 24, 2010; 87 FR 42104, July 14, 2022]	As used in this part the following words or phrases are defined as follows: Aircraft accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage. For purposes of this part, the definition of “aircraft accident” includes “unmanned aircraft accident,” as defined herein. Civil aircraft means any aircraft other than a public aircraft. Fatal injury means any injury which results in death within 30 days of the accident. Incident means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations. Operator means any person who causes or authorizes the operation of an aircraft, such as the owner, lessee, or bailee of an aircraft. Public aircraft means an aircraft used only for the United States Government, or an aircraft owned and operated (except for commercial purposes) or exclusively leased for at least 90 continuous days by a government other than the United States Government, including a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of that government. “Public aircraft” does not include a government-owned aircraft transporting property for commercial purposes and does not include a government-owned aircraft transporting passengers other than: transporting (for other than commercial purposes) crewmembers or other persons aboard the aircraft whose presence is required to perform, or is associated with the performance of, a governmental function such as firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management; or transporting (for other than commercial purposes) persons aboard the aircraft if the aircraft is operated by the Armed Forces or an intelligence…
49:49:7.1.4.1.12.2.1.1	49	Transportation	VIII	830	PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS	B	Subpart B—Initial Notification of Aircraft Accidents, Incidents, and Overdue Aircraft	§ 830.5 Immediate notification.	NTSB	[53 FR 36982, Sept. 23, 1988, as amended at 60 FR 40113, Aug. 7, 1995; 75 FR 927, Jan. 7, 2010; 75 FR 35330, June 22, 2010; 80 FR 77587, Dec. 15, 2015]	The operator of any civil aircraft, or any public aircraft not operated by the Armed Forces or an intelligence agency of the United States, or any foreign aircraft shall immediately, and by the most expeditious means available, notify the nearest National Transportation Safety Board (NTSB) office, 1 when: 1 NTSB headquarters is located at 490 L'Enfant Plaza SW., Washington, DC 20594. Contact information for the NTSB's regional offices is available at http://www.ntsb.gov. To report an accident or incident, you may call the NTSB Response Operations Center, at 844-373-9922 or 202-314-6290. (a) An aircraft accident or any of the following listed serious incidents occur: (1) Flight control system malfunction or failure; (2) Inability of any required flight crewmember to perform normal flight duties as a result of injury or illness; (3) Failure of any internal turbine engine component that results in the escape of debris other than out the exhaust path; (4) In-flight fire; (5) Aircraft collision in flight; (6) Damage to property, other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of total loss, whichever is less. (7) For large multiengine aircraft (more than 12,500 pounds maximum certificated takeoff weight): (i) In-flight failure of electrical systems which requires the sustained use of an emergency bus powered by a back-up source such as a battery, auxiliary power unit, or air-driven generator to retain flight control or essential instruments; (ii) In-flight failure of hydraulic systems that results in sustained reliance on the sole remaining hydraulic or mechanical system for movement of flight control surfaces; (iii) Sustained loss of the power or thrust produced by two or more engines; and (iv) An evacuation of an aircraft in which an emergency egress system is utilized. (8) Release of all or a portion of a propeller blade from an aircraft, excluding release caused solely by ground contact; (9) A complete loss of …
49:49:7.1.4.1.12.2.1.2	49	Transportation	VIII	830	PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS	B	Subpart B—Initial Notification of Aircraft Accidents, Incidents, and Overdue Aircraft	§ 830.6 Information to be given in notification.	NTSB		The notification required in § 830.5 shall contain the following information, if available: (a) Type, nationality, and registration marks of the aircraft; (b) Name of owner, and operator of the aircraft; (c) Name of the pilot-in-command; (d) Date and time of the accident; (e) Last point of departure and point of intended landing of the aircraft; (f) Position of the aircraft with reference to some easily defined geographical point; (g) Number of persons aboard, number killed, and number seriously injured; (h) Nature of the accident, the weather and the extent of damage to the aircraft, so far as is known; and (i) A description of any explosives, radioactive materials, or other dangerous articles carried.
49:49:7.1.4.1.12.3.1.1	49	Transportation	VIII	830	PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS	C	Subpart C—Preservation of Aircraft Wreckage, Mail, Cargo, and Records	§ 830.10 Preservation of aircraft wreckage, mail, cargo, and records.	NTSB		(a) The operator of an aircraft involved in an accident or incident for which notification must be given is responsible for preserving to the extent possible any aircraft wreckage, cargo, and mail aboard the aircraft, and all records, including all recording mediums of flight, maintenance, and voice recorders, pertaining to the operation and maintenance of the aircraft and to the airmen until the Board takes custody thereof or a release is granted pursuant to § 831.12(b) of this chapter. (b) Prior to the time the Board or its authorized representative takes custody of aircraft wreckage, mail, or cargo, such wreckage, mail, or cargo may not be disturbed or moved except to the extent necessary: (1) To remove persons injured or trapped; (2) To protect the wreckage from further damage; or (3) To protect the public from injury. (c) Where it is necessary to move aircraft wreckage, mail or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks. (d) The operator of an aircraft involved in an accident or incident shall retain all records, reports, internal documents, and memoranda dealing with the accident or incident, until authorized by the Board to the contrary.
49:49:7.1.4.1.12.4.1.1	49	Transportation	VIII	830	PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS	D	Subpart D—Reporting of Aircraft Accidents, Incidents, and Overdue Aircraft	§ 830.15 Reports and statements to be filed.	NTSB	[53 FR 36982, Sept. 23, 1988, as amended at 60 FR 40113, Aug. 7, 1995]	(a) Reports. The operator of a civil, public (as specified in § 830.5), or foreign aircraft shall file a report on Board Form 6120. 1/2 (OMB No. 3147-0001) 2 within 10 days after an accident, or after 7 days if an overdue aircraft is still missing. A report on an incident for which immediate notification is required by § 830.5(a) shall be filed only as requested by an authorized representative of the Board. 2 Forms are available from the Board field offices (see footnote 1), from Board headquarters in Washington, DC, and from the Federal Aviation Administration Flight Standards District Offices. (b) Crewmember statement. Each crewmember, if physically able at the time the report is submitted, shall attach a statement setting forth the facts, conditions, and circumstances relating to the accident or incident as they appear to him. If the crewmember is incapacitated, he shall submit the statement as soon as he is physically able. (c) Where to file the reports. The operator of an aircraft shall file any report with the field office of the Board nearest the accident or incident.
49:49:7.1.4.1.13.1.1.1	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.1 Applicability of this subpart.	NTSB		(a) Except as provided in Subpart E of this part regarding marine casualties, and unless specified by the National Transportation Safety Board (NTSB), the provisions of this subpart apply to all NTSB investigations conducted under its statutory authority. (b) Consistent with its statutory authority, the NTSB conducts investigations of transportation accidents that include, but are not limited to: accidents, collisions, crashes, derailments, explosions, incidents, mishaps, ruptures, or other similar accidents. Use of the term “accident” throughout this part includes all such occurrences. (c) Throughout this part, the term “IIC” means the NTSB investigator-in-charge.
49:49:7.1.4.1.13.1.1.10	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.10 Autopsies and postmortem testing.	NTSB		When a person dies as a result of having been involved in a transportation accident within the jurisdiction of the NTSB— (a) The NTSB is authorized to obtain, with or without reimbursement, a copy of a report of autopsy performed by a State or local authority on such person. (b) The NTSB may order an autopsy or other postmortem tests of any person as may be related to its investigation of a transportation accident. The IIC may direct that an autopsy or other test be performed if necessary for an investigation. Provisions of local law protecting religious beliefs with respect to autopsies shall be observed to the extent they are consistent with the needs of the investigation.
49:49:7.1.4.1.13.1.1.11	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.11 Parties to the investigation.	NTSB		(a) Participants. (1) The IIC may designate one or more entities to serve as parties in an investigation. Party status is limited to those persons, Federal, state, or local government agencies and organizations whose employees, functions, activities, or products were involved in the accident and that can provide suitable qualified technical personnel to actively assist in an investigation. To the extent practicable, a representative proposed by party organizations to participate in the investigation may not be a person who had direct involvement in the accident under investigation. (2) Except for the FAA, no entity has a right to participate in an NTSB investigation as a party. (3) The participation of the Administrator of the FAA and other Federal entities in aviation accident investigations is addressed in § 831.21 of this part. (4) Participants in an investigation (e.g., party representatives, party coordinators, and/or the larger party organization) must follow all directions and instructions from NTSB representatives. Party status may be revoked or suspended if a party fails to comply with assigned duties and instructions, withholds information, or otherwise acts in a manner prejudicial or disruptive to an investigation. (b) Prohibitions on serving as party representatives. (1) In accordance with § 845.6 of this chapter, no party representative may occupy a legal position or be a person who also represents claimants or insurers. (2) Failure to comply with these provisions may result in sanctions, including loss of party status. (c) Disclosures. (1) The name of a party and its representative may be disclosed in documents the NTSB places in the public docket for the investigation. (2) The NTSB may share information considered proprietary or confidential by one party with other parties during the course of an investigation, but will preserve the confidentiality of the information to the greatest extent possible. (3) Section 831.6(d) of this part describes how the NTSB will handle voluntarily submi…
49:49:7.1.4.1.13.1.1.12	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.12 Access to and release of wreckage, records, mail, and cargo.	NTSB		(a) Only persons authorized by the NTSB IIC may be permitted access to wreckage, records, mail, or cargo. (b) Wreckage, records, mail, and cargo in the NTSB's custody will be released when the NTSB determines it has no further need for such items. Recipients of released wreckage must sign an acknowledgement of release provided by the NTSB.
49:49:7.1.4.1.13.1.1.13	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.13 Provision and dissemination of investigative information.	NTSB		(a) Applicability. This section applies to: (1) Information related to the accident or incident; (2) Any information collected or compiled by the NTSB as part of its investigation, such as photographs, visual representations of factual data, physical evidence from the scene of the accident, interview statements, wreckage documentation, flight data and cockpit voice recorder information, and surveillance video; and (3) Any information regarding the status of an investigation, or activities conducted as part of the investigation. (b) Provision of information. All information described in paragraph (a) of this section and obtained by any person or organization participating in the investigation must be promptly provided to the NTSB, except where the NTSB authorizes the party to retain the information. (c) Release of information. Parties are prohibited from releasing information obtained during an investigation at any time prior to the NTSB's public release of information unless the release is consistent with the following criteria: (1) Information released at the scene of an accident— (i) Is limited to factual information concerning the accident and the investigation released in coordination with the IIC; and (ii) Will be made by the Board Member present at the scene as the official spokesperson for the NTSB. Additionally, the IIC or representatives from the NTSB's Office of Safety Recommendations and Communications may release information to media representatives, family members, and elected officials as deemed appropriate. (2) The release of information described in paragraph (a)(1) of this section by the NTSB at the scene of an accident does not authorize any party to the investigation to comment publicly on the information during the course of the investigation. Any dissemination of factual information by a party may be made only as provided in this section. (3) A party may disseminate information related to an investigation to those individuals within its organization who have a need to know for…
49:49:7.1.4.1.13.1.1.14	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.14 Proposed findings.	NTSB		(a) General. Any party to the investigation designated under § 831.11 may submit to the NTSB written proposed findings to be drawn from the evidence produced during the course of the investigation, a proposed probable cause, and/or proposed safety recommendation(s) designed to prevent future accidents. (b) Timing of submissions. The IIC will inform parties when submissions are due. All written submissions must be received by the IIC by the due date. If there is a Board meeting, the due date will be set prior to the date the matter is published in the Federal Register .
49:49:7.1.4.1.13.1.1.15	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.15 Civil penalties.	NTSB	[82 FR 47402, Oct. 12, 2017, as amended at 84 FR 45687, Aug. 30, 2019; 85 FR 2320, Jan. 15, 2020; 86 FR 1810, Jan. 11, 2020; 87 FR 2353, Jan. 14, 2022; 88 FR 2859, Jan. 18, 2023; 89 FR 1036, Jan. 9, 2024; 90 FR 4678, Jan. 16, 2025]	The NTSB is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, sec. 701, 129 Stat. 584 (codified at 28 U.S.C. 2461 note) to adjust the maximum amount of each civil monetary penalty within its jurisdiction by the rate of inflation. Accordingly, for violations of 49 U.S.C. 1132, 1134(b), 1134(f)(1), or 1136(g), the NTSB may assess a civil penalty pursuant to 49 U.S.C. 1155(a) no greater than $2,111 against any person, except a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice, when the member or employee is performing official duties.
49:49:7.1.4.1.13.1.1.2	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.2 Responsibility of the NTSB.	NTSB		The NTSB is required to investigate— (a) Aviation accidents as described in subpart B of this part; (b) Highway accidents as described in subpart C of this part; (c) Railroad, pipeline, and hazardous materials accidents as described in subpart D of this part; and (d) Any accident that occurs in connection with the transportation of people or property that, in the judgment of the NTSB, is catastrophic, involves problems of a recurring nature or would otherwise carry out the intent of its authorizing statutes. This authority includes selected events involving the transportation of hazardous materials, including their release.
49:49:7.1.4.1.13.1.1.3	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.3 Authority of Directors.	NTSB		Subject to the provisions of § 831.2 of this part and part 800 of this chapter, the Directors of the Office of Aviation Safety, Office of Highway Safety, or Office of Railroad, Pipeline and Hazardous Materials Investigations, may order an investigation into any transportation accident.
49:49:7.1.4.1.13.1.1.4	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.4 Nature of investigation.	NTSB		(a) General. The NTSB conducts investigations, or has them conducted, to determine the facts, conditions, and circumstances relating to an accident. The NTSB uses these results to determine one or more probable causes of an accident, and to issue safety recommendations to prevent or mitigate the effects of a similar accident. The NTSB is required to report on the facts and circumstances of accidents it investigates. The NTSB begins an investigation by monitoring the situation and assessing available facts to determine the appropriate investigative response. Following an initial assessment, the NTSB notifies persons and organizations it anticipates will be affected as to the extent of its expected investigative response. (b) NTSB products. An investigation may result in a report or brief of the NTSB's conclusions or other products designed to improve transportation safety. Other products may include factual records, safety recommendations, and other safety information. (c) NTSB investigations are fact-finding proceedings with no adverse parties. The investigative proceedings are not subject to the Administrative Procedure Act (5 U.S.C. 551 et seq. ), and are not conducted for the purpose of determining the rights, liabilities, or blame of any person or entity, as they are not adjudicatory proceedings.
49:49:7.1.4.1.13.1.1.5	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.5 Priority of NTSB investigations.	NTSB		(a) Relationships with other agencies. (1) Except as provided in 49 U.S.C. 1131(a)(2)(B) and (C) regarding suspected criminal actions, an investigation conducted under the authority of the NTSB has priority over any investigation conducted by another Federal agency. (2) The NTSB will provide for appropriate participation by other Federal agencies in any NTSB investigation. Such agencies may not participate in the NTSB's probable cause determination. (3) The NTSB has first right to access wreckage, information, and resources, and to interview witnesses the NTSB deems pertinent to its investigation. (4) As indicated in § 831.9(c) of this part, the NTSB has exclusive authority to decide when and how the testing and examination of evidence will occur. (5) The NTSB and other Federal agencies will exchange information obtained or developed about the accident in the course of their investigations in a timely manner. Nothing in this section prohibits the NTSB from sharing factual information with other agencies. (6) Incident command system. The NTSB recognizes the role of incident command systems to address emergencies. The NTSB does not assume the role of a first responder agency. (i) The NTSB IIC or his designee will participate in the incident command system to identify and coordinate investigative needs related to the preservation and collection of information and evidence. (ii) The NTSB may collect information and evidence from the incident command in a timely and reasonable manner so as not to interfere with its operations. (b) Investigations by other Federal agencies. (1) Nothing in this section limits the authority of any Federal agency to conduct an investigation of an accident or incident under applicable provisions of law or to obtain information directly from parties involved in, and witnesses to, a transportation accident. Other agencies are expected to coordinate with the NTSB IIC to avoid interference with, and duplication of, the NTSB's investigative efforts. These agencies will not particip…
49:49:7.1.4.1.13.1.1.6	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.6 Request to withhold information.	NTSB		(a) Applicability. This section applies to information the NTSB receives from any source that may be subject to the Trade Secrets Act (18 U.S.C. 1905) or the Freedom of Information Act (FOIA, 5 U.S.C. 552). (b) Disclosure. The NTSB is authorized by 49 U.S.C. 1114(b) to disclose, under certain circumstances, confidential commercial information that would otherwise be subject to penalties for disclosure under the Trade Secrets Act, or excepted from disclosure under FOIA. The NTSB may exercise this authority when disclosure is necessary to support a key finding, a safety recommendation, or the NTSB's statement of probable cause of an accident. (c) Disclosure procedures. Information submitted to the NTSB that the submitter believes qualifies as a trade secret or as confidential commercial information subject either to the Trade Secrets Act or Exemption 4 of FOIA must be so identified by the submitter on each page that contains such information. In accordance with 49 U.S.C. 1114(b), the NTSB will provide the submitter of identified information (or information the NTSB has reason to believe qualifies as subject to the Trade Secrets Act or Exemption 4 of FOIA) the opportunity to comment on any disclosure contemplated by the NTSB. In all instances in which the NTSB decides to disclose such information pursuant to 49 U.S.C. 1114(b) or 5 U.S.C. 552, the NTSB will provide at least 10 days' advance notice to the submitter. (d) Voluntarily provided safety information. (1) The NTSB will not disclose safety-related information voluntarily submitted to the NTSB if the information is not related to the exercise of the NTSB's investigation authority, and if the NTSB finds disclosure of the information might inhibit the voluntary provision of that type of information. (2) The NTSB will review voluntarily provided safety information for confidential content, and will de-identify or anonymize any confidential content referenced in its products. (e) Other. Any person may make written objection to the public disclosure o…
49:49:7.1.4.1.13.1.1.7	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.7 Representation during an interview.	NTSB		(a) Any person interviewed in any manner by the NTSB has the right to be accompanied during the interview by no more than one representative of the witness's choosing. The representative— (1) May be an attorney; (2) May provide support and counsel to the witness; (3) May not supplement the witness's testimony; and (4) May not advocate for the interests of a witness's other affiliations (e.g., the witnesses employer). (b) An investigator conducting the interview may take any necessary action (including removal of the representative from the interview) to ensure a witness's representative acts in accordance with the provisions of paragraph (a) of this section during the interview, and to prevent conduct that may be disruptive to the interview.
49:49:7.1.4.1.13.1.1.8	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.8 Investigator-in-charge.	NTSB		In addition to the subpoena and deposition authority delegated to investigative officers under this chapter, a person designated as IIC for an investigation is authorized to— (a) Organize, conduct, control, and manage the field phase of an investigation, even when a Board Member is present; (b) Coordinate all resources and supervise all persons (including persons not employed by the NTSB) involved in an on-site investigation; and (c) Continue his or her organizational and management responsibilities through all phases of the investigation, including consideration and adoption of a report or brief determining one or more probable causes of an accident.
49:49:7.1.4.1.13.1.1.9	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	A	Subpart A—General	§ 831.9 Authority during investigations.	NTSB		(a) General authority of investigators. To carry out the statutory responsibilities of the agency, an NTSB investigator may— (1) Conduct hearings; (2) Administer oaths; (3) Require, by subpoena or otherwise, the production of evidence and witnesses; (4) Enter any property where an accident subject to the NTSB's jurisdiction has occurred, or wreckage from any such accident is located, and take all actions necessary to conduct a complete investigation of the accident; (5) Inspect, photograph, or copy any records or information (including medical records pursuant to paragraph (b)(2) of this section), and correspondence regardless of the date of their creation or modification, for the purpose of investigating an accident; (6) Take possession of wreckage, records or other information if it determines such possession is necessary for an investigation; and (7) Question any person having knowledge relevant to a transportation accident. (b) Subpoenas. The NTSB may issue a subpoena, enforceable in Federal District Court, to obtain testimony or evidence related to an accident, including but not limited to personal electronic devices. (1) The NTSB's authority to issue subpoenas includes access to medical records and specimens. (2) For purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, and the regulations promulgated by the DHHS, 45 CFR 164.501 et seq., the NTSB is a “public health authority” to which protected health information may be disclosed by a HIPAA “covered entity” without the prior written authorization of the subject of the records. In addition, the NTSB may issue a subpoena to gain access to such information. (c) Examination of evidence. In accordance with 49 U.S.C. 1134(d), the NTSB has exclusive authority to decide timing, manner and method of testing and examination of evidence, and extraction of data.
49:49:7.1.4.1.13.2.1.1	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	B	Subpart B—Aviation Investigations	§ 831.20 Authority of NTSB in aviation accident investigations.	NTSB		(a) Scope. The NTSB is authorized to investigate— (1) Each accident involving a civil aircraft in the United States, and any civil aircraft registered in the United States when an accident occurs in international waters; (2) Each accident involving a public aircraft as defined in 49 U.S.C. 40102(a)(41), except for aircraft operated by the U.S. Armed Forces or by an intelligence agency of the United States; (3) With the participation of appropriate military authorities, each accident involving a military aircraft and— (i) a civil aircraft; or (ii) certain public aircraft as described in paragraph (a)(2) of this section. (b) Authority to examine or test. Pursuant to § 831.9 of this part, a credentialed employee of the NTSB is authorized to examine or test any civil or certain public aircraft, aircraft engine, propeller, appliance, or property aboard such aircraft involved in an accident or incident subject to the NTSB's authority.
49:49:7.1.4.1.13.2.1.2	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	B	Subpart B—Aviation Investigations	§ 831.21 Other Government agencies and NTSB aviation investigations.	NTSB		(a) Pursuant to 49 U.S.C. 1132(c) and 106(g)(1)(A), the NTSB will provide for the participation of the Administrator of the FAA in the investigation of an aircraft accident when participation is necessary to carry out the duties and powers of the FAA Administrator. (b) Title 49 U.S.C. 1131(a)(2) provides for the appropriate participation by other departments, agencies, or instrumentalities of the United States Government in the investigation of an aircraft accident by the NTSB. (c) Rights and duties of other Federal agencies. (1) The FAA and other Federal agencies named as parties to an aircraft accident investigation will be accorded the same rights and privileges, and are subject to the same limitations, as other parties. Participation in an investigation includes the duty to timely share with the NTSB any information that has been developed by the FAA or other Federal agency in the exercise of that agency's investigative authority. (2) In exercising its authority, the FAA or other Federal agency may obtain information directly from a party to an accident or incident under investigation by the NTSB. (3) Information obtained by another Federal agency must be timely shared with the NTSB. (4) Investigative activities by another Federal agency must be coordinated to ensure that they do not interfere with the NTSB's investigation. (5) Under no circumstances may an NTSB aviation accident investigation for which the FAA or any other Federal agency has conducted fact-finding be considered a joint investigation with shared responsibility. Decisions about what information to include in the public docket will be made by the NTSB. (6) Notwithstanding the rights and duties described in paragraphs (c)(1) through (5) of this section, determining the probable cause of an accident is exclusively the right and duty of the NTSB. (d) An FAA employee designated to act by the NTSB IIC has the same authority as an NTSB investigator when conducting activities under this part. The investigation remains that of the NTSB. (e) …
49:49:7.1.4.1.13.2.1.3	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	B	Subpart B—Aviation Investigations	§ 831.22 International aviation investigations.	NTSB		(a) General. (1) Annex 13 to the Convention on International Civil Aviation, Aircraft Accident and Incident Investigation (Annex 13) contains standards and recommended practices for the notification, investigation, and reporting of certain accidents involving international civil aviation. (2) Annex 13 provides that the state of occurrence of an accident or incident is responsible for the investigation when the state is a signatory to the Convention. (b) The NTSB— (1) Is the U.S. agency that fulfills the obligations of the United States under Annex 13, in coordination with and consistent with the requirements of the United States Department of State. (2) Participates in the investigation as the accredited representative to an international investigation when the accident involves a civil aircraft— (i) of a U.S. operator; (ii) of U.S. registry; (iii) of U.S. manufacture; or (iv) when the U.S. is the state of design or manufacture of the aircraft or parts thereof. (c) Technical advisers. Once designated the accredited representative in an international investigation, the NTSB may elect to receive assistance by appointing one or more advisers to serve under the NTSB's direction. Such technical advisers— (1) Work at the direction and under the supervision of the NTSB accredited representative. (2) Are subject to the provisions of § 831.13 of this part while working under the supervision of the NTSB accredited representative. (d) If an accident occurs in a foreign state that is not a signatory to the Convention, or if an accident or incident involves an aircraft that is not a civil aircraft, the NTSB will participate in the investigation in accordance with any agreement between the United States and the foreign state that addresses such occurrences. (e) The NTSB's disclosure of records of a foreign investigation is limited by statute (49 U.S.C 1114(f)) and by § 831.6 of this part.
49:49:7.1.4.1.13.3.1.1	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	C	Subpart C—Highway Investigations	§ 831.30 Authority of NTSB in highway investigations.	NTSB		(a) Scope. The NTSB is responsible for the investigation of selected highway accidents (e.g., collisions, crashes and explosions), including at railroad grade-crossing accidents. Such investigations will be conducted in cooperation with the designated authorities of the state or local jurisdiction in which the accident occurred. (b) Authority to examine or test. Pursuant to § 831.9 of this part, a credentialed employee of the NTSB is authorized to examine or test any item, including any vehicle, part of a vehicle, equipment, or contents of any vehicle or equipment involved in an accident subject to the NTSB's authority. Examination or testing will be conducted— (1) To the extent practicable, so as to not interfere with or obstruct the transportation services provided by the owner or operator of a vehicle or equipment; and (2) In a manner that preserves evidence relating to the transportation accident, in cooperation with the owner or operator of the vehicle or equipment, and consistent with the needs of the investigation. (c) Any Federal, state, or local agency that conducts an investigation of the same highway accident the NTSB is investigating shall provide the results of its investigation to the NTSB.
49:49:7.1.4.1.13.4.1.1	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	D	Subpart D—Railroad, Pipeline, and Hazardous Materials Investigations	§ 831.40 Authority of NTSB in railroad, pipeline, and hazardous materials investigations.	NTSB		(a) Scope. (1) Railroads. Consistent with its statutory authority, the NTSB is responsible for the investigation of railroad accidents, collisions, crashes, derailments, explosions, incidents, and releases in which there is a fatality, substantial property damage, or which involve a passenger train, as described in part 840 of this chapter. (2) Pipelines. The NTSB is responsible for the investigation of pipeline accidents, explosions, incidents, and ruptures in which there is a fatality, significant injury to the environment, or substantial property damage. This excludes accidents involving pipelines only carrying water or sewage. (3) Hazardous Materials. The NTSB is responsible for evaluating the adequacy of safeguards and procedures for the transportation of hazardous materials, and the performance of other entities of the Federal government responsible for the safe transportation of hazardous materials. Such evaluations may take place as part of the investigation of a transportation accident subject to the NTSB's authority and include applicable regulations in other subparts of this part. (b) Authority to examine or test. Pursuant to § 831.9 of this part, during an investigation, a credentialed employee of the NTSB is authorized to examine or test any rolling stock, track, or pipeline component, or any part of any such item (or contents therein) when such examination or testing is determined to be required for purposes of such investigation. Examination or testing will be conducted— (1) To the extent practicable, so as to not interfere with or obstruct the transportation services provided by the owner or operator of such rolling stock, track, signal, rail shop, property, or pipeline component; and (2) In a manner that preserves evidence relating to the transportation accident consistent with the needs of the investigation.
49:49:7.1.4.1.13.5.1.1	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.50 Applicability of this subpart.	NTSB		(a) The regulations in this subpart apply when the NTSB is leading a marine or major marine casualty investigation. (b) In a marine or major marine casualty investigation led by the United States Coast Guard (USCG), this subpart applies if: (1) Upon USCG's request for assistance, the NTSB is leading an associated investigative activity; or (2) Upon coordination with the USCG, the NTSB elects to collect, test or analyze additional evidence beyond the scope of the USCG's investigation.
49:49:7.1.4.1.13.5.1.10	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.59 Authority during investigations.	NTSB		(a) General authority of investigators. To carry out the statutory responsibilities of the agency, an NTSB investigator may— (1) Conduct hearings; (2) Administer oaths; (3) Require, by subpoena or other means, the production of evidence and witnesses; (4) Enter any property where a major marine casualty or marine casualty subject to the NTSB's jurisdiction has occurred, or wreckage from any such major marine casualty or marine casualty is located, and take all actions necessary to conduct a complete investigation; (5) Inspect, photograph, or copy any records or information (including medical records pursuant to paragraph (b)(2) of this section), and correspondence regardless of the date of its creation or modification, for the purpose of investigating an accident; (6) Question any person having knowledge relevant to a marine casualty or major marine casualty. (b) Subpoenas. The NTSB may issue a subpoena, enforceable in Federal District Court, to obtain testimony or evidence related to its investigation of a marine casualty or major marine casualty, including but not limited to personal electronic devices. (1) The NTSB's authority to issue subpoenas includes access to medical records and specimens. (2) For purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, and the regulations promulgated by the Department of Health and Human Services, 45 CFR 164.501 et seq., the NTSB is a “public health authority” to which protected health information may be disclosed by a HIPAA “covered entity” without the prior written authorization of the subject of the records. In addition, the NTSB may issue a subpoena to gain access to such information. (c) Examination of evidence. In accordance with 49 U.S.C. 1134(d), the NTSB has exclusive authority to decide when, and in what manner, testing, extraction of data, and examination of evidence will occur.
49:49:7.1.4.1.13.5.1.11	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.60 Autopsies and postmortem testing.	NTSB		When a person dies as a result of having been involved in a marine casualty or major marine casualty within the jurisdiction of the NTSB— (a) The NTSB is authorized to obtain, with or without reimbursement, a copy of a report of autopsy performed by a State or local authority on such person. (b) The NTSB may order an autopsy or other postmortem tests of any person as may be related to its investigation of a marine casualty or major marine casualty. The IIC may direct that an autopsy or other test be performed if necessary for an investigation. Provisions of local law protecting religious beliefs with respect to autopsies shall be observed to the extent they are consistent with the needs of the investigation.
49:49:7.1.4.1.13.5.1.12	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.61 Parties to the investigation.	NTSB		(a) Participants. (1) The IIC may designate one or more entities to serve as parties in an investigation. The NTSB will provide to the USCG the opportunity to participate in all NTSB investigations and investigative activities the NTSB conducts under this subpart. For all other organizations, party status is limited to those persons, government agencies (Federal, state, or local), companies, and organizations whose employees, functions, activities, or products were involved in the marine casualty or major marine casualty and that can provide suitable qualified technical personnel actively to assist in an investigation. To the extent practicable, a representative proposed by party organizations to participate in the investigation may not be a person who had direct involvement in the major marine casualty or marine casualty under investigation. (2) Except the USCG, no entity has a right to participate in an NTSB marine investigation as a party. (3) Participants in an investigation (e.g., party representatives, party coordinators, and the larger party organization) must respond to direction from NTSB representatives. (4) No party representative may— (i) Occupy a legal position; or (ii) Be a person who also represents claimants or insurers. (5) Party status may be revoked or suspended if a party fails to comply with either paragraph (a)(3) or (a)(4) of this section. Sanctions may also be imposed if a party withholds information or acts in a manner prejudicial or disruptive to an investigation. (b) Disclosures. (1) The name of a party or its representative may be disclosed in documents the NTSB places in the public docket for the investigation. (2) The NTSB may share information considered proprietary or confidential by one party with other parties during the course of an investigation, but will preserve the confidentiality of the information to the greatest extent possible. (3) Section 831.6(c) of this part describes how the NTSB will handle voluntarily submitted safety information, and the NTSB's determ…
49:49:7.1.4.1.13.5.1.13	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.62 Access to and release of wreckage, records, mail, and cargo.	NTSB		(a) Only persons authorized by the NTSB to participate in any particular investigation, examination or testing may be permitted access to wreckage, records, mail, or cargo. (b) Wreckage, records, mail, and cargo in the NTSB's custody will be released when the NTSB determines it has no further need for such items. Prior to release, the NTSB will inform the USCG of the upcoming release of wreckage or evidence. Recipients of released wreckage must sign an acknowledgement of release provided by the NTSB.
49:49:7.1.4.1.13.5.1.14	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.63 Provision and dissemination of investigative information.	NTSB		(a) Applicability. This section applies to: (1) Any information related to a marine casualty or major marine casualty; (2) Any information collected or compiled by the NTSB as part of its investigation, such as photographs, visual representations of factual data, physical evidence from the scene of the major marine casualty or the marine casualty, interview statements, wreckage documentation, voyage data recorder information, and surveillance video; (3) Any information regarding the status of an investigation, or activities conducted as part of the investigation. (b) Provision of information. All information described in paragraph (a) of this section and obtained by any person or organization participating in the investigation must be provided to the NTSB, except for information the NTSB authorizes the party to retain. (c) Release of information. Parties are prohibited from releasing information obtained during an investigation at any time prior to the NTSB's public release of information unless the release is consistent with the following criteria: (1) Information released at the scene of a marine casualty or major marine casualty: (i) Is limited to factual developments concerning the accident and the investigation released in coordination with the IIC; and (ii) Will be made by the Board Member present at the scene as the official spokesperson for the NTSB. If no Board Member is present, information will be released by a representative of the NTSB's Office of Media Relations or the IIC. To the maximum extent practicable, the NTSB will inform the USCG of its planned releases of information before the release occurs. (2) The release of information described in paragraph (a)(1) of this section by the NTSB at the scene of a marine casualty or major marine casualty does not authorize any party to the investigation to comment publicly on the information during the course of the investigation. Any dissemination of factual information by a party may be made only as provided in this section. (3) A party m…
49:49:7.1.4.1.13.5.1.15	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.64 Proposed findings.	NTSB		(a) General. Any party to an investigation designated under § 831.61 may submit to the NTSB written proposed findings to be drawn from the evidence produced during the course of the investigation, a proposed probable cause, and/or proposed safety recommendation(s) designed to prevent future major marine casualties and marine casualties. (b) Timing of submissions. The IIC will inform parties when submissions are due. All written submissions must be received by the due date. If there is a Board meeting, the due date will be set prior to the date the matter is published in the Federal Register .
49:49:7.1.4.1.13.5.1.2	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.51 Definitions.	NTSB		The following definitions apply throughout this subpart. IIC means the NTSB investigator-in-charge. Investigative activity means an activity performed by or under the direction of the NTSB during a casualty investigation led by the USCG. Major marine casualty is defined in joint regulations of the NTSB and USCG at 49 CFR 850.5(e) and 46 CFR 4.40-5(d), respectively. Marine casualty means— (1) Any casualty, accident or event described in 46 CFR 4.03-1 (2) An occurrence that results in an abandonment of a vessel (3) Other marine occurrences that the NTSB or USCG, or both, determine require investigation.
49:49:7.1.4.1.13.5.1.3	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.52 Responsibility of NTSB in marine investigations.	NTSB		(a) The NTSB may conduct an investigation of a major marine casualty or a marine casualty of a vessel (including, but not limited to, allisions, abandonments, and accidents) alone or jointly with the USCG pursuant to the joint regulations in part 850 of this chapter. (b) Nothing in this part may be construed to conflict with the regulations in part 850 of this chapter, which were prescribed jointly by the NTSB and USCG under the authority of 49 U.S.C. 1131(a)(1)(E). (c) In an investigation led by the USCG, the NTSB may perform separate activities in furtherance of its own analysis or at the request of the USCG. The NTSB and USCG will coordinate to ensure the agencies do not duplicate work or hinder the progress of the investigation. (d) Pursuant to 49 U.S.C. 1131(a)(1)(F), the NTSB is responsible for the investigation of other accidents that may include marine and boating accidents not covered by part 850 of this chapter, and certain accidents involving transportation and/or release of hazardous materials.
49:49:7.1.4.1.13.5.1.4	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.53 Authority of Director, Office of Marine Safety.	NTSB		The Director, Office of Marine Safety, subject to the provisions of § 831.52 of this part and part 800 of this chapter, may order an investigation into any major marine casualty or marine casualty.
49:49:7.1.4.1.13.5.1.5	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.54 Nature of investigation.	NTSB		(a) General. The NTSB conducts investigations, or has them conducted, to determine the facts, conditions, and circumstances relating to a major marine casualty or a marine casualty. The NTSB uses these results to determine one or more probable causes of a major marine casualty or a marine casualty, and to issue safety recommendations to prevent or mitigate the effects of a similar major marine casualty or a marine casualty. The NTSB is required to report on the facts and circumstances of major marine casualties or marine casualties it investigates. The NTSB begins an investigation by monitoring casualty situations and assessing available facts to determine the appropriate investigative response. Following an initial assessment, the NTSB notifies persons and organizations it anticipates will be affected as to the extent of its expected investigative response. (b) NTSB products. An investigation may result in a report or brief of the NTSB's conclusions and other products designed to improve transportation safety. Other products may include factual records, safety recommendations, and other safety information. (c) NTSB investigations are fact-finding proceedings with no adverse parties. The investigative proceedings are not subject to the Administrative Procedure Act (5 U.S.C. 551 et seq. ), and are not conducted for the purpose of determining the rights, liabilities, or blame of any person or entity, as they are not adjudicatory proceedings.
49:49:7.1.4.1.13.5.1.6	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.55 Relationships with other agencies.	NTSB		(a) Relationship with the USCG. (1) The NTSB conducts marine casualty and major marine casualty investigations, in accordance with 49 U.S.C. 1131(a)(1)(E) and (F), and part 850 of this chapter. The NTSB and USCG work together to collect evidence related to marine casualties and major marine causalities. (2) The NTSB and USCG coordinate to avoid duplicative efforts to the maximum extent practicable. (3) The NTSB independently analyzes the evidence and determines the probable cause of marine casualties and major marine causalities. (b) Relationships with other Federal agencies. (1) Except as provided in 49 U.S.C. 1131(a)(2)(B) and (C) regarding suspected criminal actions, an investigation conducted under the authority of the NTSB has priority over any investigation conducted by another Federal agency. (2) The NTSB will provide for appropriate participation by other Federal agencies in any NTSB investigation. Such agencies may not participate in the NTSB's probable cause determination. (3) The NTSB has first right to access wreckage, information, and resources, and to interview witnesses the NTSB deems pertinent to its investigation. (4) The NTSB and other Federal agencies will exchange information obtained or developed in the course of their investigations in a timely manner. Nothing in this section prohibits the NTSB from sharing factual information with other agencies. (c) As indicated in § 831.59(c) of this part, the NTSB has exclusive authority to determine when and how the testing and examination of evidence will occur. (d) The NTSB may take possession of records, wreckage, or information if it determines such possession is necessary for an investigation. (e) Investigations by Federal agencies. (1) Nothing in this section impairs the authority of any other Federal agency to conduct an investigation of a marine casualty or major marine casualty. (f) Incident command system. (1) The NTSB recognizes the role of incident command systems to address emergencies. The NTSB does not assume the role of…
49:49:7.1.4.1.13.5.1.7	49	Transportation	VIII	831	PART 831—INVESTIGATION PROCEDURES	E	Subpart E—Marine Investigations	§ 831.56 Request to withhold information.	NTSB		(a) Applicability. This section applies to information the NTSB receives from any source that may be subject to the Trade Secrets Act (18 U.S.C. 1905) or the Freedom of Information Act (FOIA, 5 U.S.C. 552). (b) Disclosure. The NTSB is authorized by 49 U.S.C. 1114(b) to disclose, under certain circumstances, confidential commercial information that would otherwise be subject to penalties for disclosure under the Trade Secrets Act, or excepted from disclosure under FOIA. The NTSB may exercise this authority when disclosure is necessary to support a key finding, a safety recommendation, or the NTSB's statement of probable cause of a major marine casualty or a marine casualty. (c) Disclosure procedures. Information submitted to the NTSB that the submitter believes qualifies as a trade secret or as confidential commercial information subject either to the Trade Secrets Act or Exemption 4 of FOIA must be so identified by the submitter on each page that contains such information. In accordance with 48 U.S.C. 1114(b), the NTSB will provide the submitter of identified information (or information the NTSB has reason to believe qualifies as subject to the Trade Secrets Act or Exemption 4 of FOIA) the opportunity to comment on any disclosure contemplated by the NTSB. In all instances in which the NTSB decides to disclose such information pursuant to 49 U.S.C. 1114(b) or 5 U.S.C. 552, the NTSB will provide at least 10 days' notice to the submitter. (d) Voluntarily provided safety information. (1) The NTSB will not disclose safety-related information voluntarily submitted to the NTSB if the information is not related to the exercise of the NTSB's investigation authority, and if the NTSB finds disclosure of the information might inhibit the voluntary provision of that type of information. (2) The NTSB will review voluntarily provided safety information for confidential content, and will de-identify or anonymize any confidential content referenced in its products. (e) Other. Any person may make written objection t…

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