cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
27 rows where part_number = 801 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:7.1.4.1.2.1.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | A | Subpart A—Applicability and Policy | § 801.1 Applicability. | NTSB | (a) This part contains the rules that the National Transportation Safety Board (NTSB) follows in processing requests for records under the Freedom of Information Act, as amended (FOIA), 5 U.S.C. 552. These rules should be read together with the FOIA, which provides additional information about public access to records maintained by the NTSB. (b) This part also provides for document services and the fees for such services, pursuant to 31 U.S.C. 9701. (c) This part applies only to records existing when the request for the information is made. The NTSB is not required to create records for the sole purpose of responding to a FOIA request. (d) Subpart F of this part describes records that are exempt from public disclosure. | |||||
| 49:49:7.1.4.1.2.1.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | A | Subpart A—Applicability and Policy | § 801.2 Presumption of openness. | NTSB | (a) In implementing the FOIA, it is the policy of the NTSB to make information available to the public to the greatest extent possible, consistent with the mission of the NTSB. The NTSB will withhold records under the FOIA only when the NTSB reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or is prohibited by law. Whenever the NTSB determines that full disclosure of a requested record is not possible, the NTSB will consider whether partial disclosure is possible and will take reasonable steps to segregate and release nonexempt material. Information the NTSB routinely provides to the public as part of a regular NTSB activity (such as press releases and information disclosed on the NTSB's public Website) may be provided to the public without compliance with this part. (b) The NTSB will release on its website a “public docket” containing documentation that the agency deemed pertinent to the investigation. Requesters may access these public dockets without submitting a FOIA request. The NTSB encourages all requesters to review the public docket materials before submitting a FOIA request. | |||||
| 49:49:7.1.4.1.2.1.1.3 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | A | Subpart A—Applicability and Policy | § 801.3 Definitions. | NTSB | The following definitions apply in this part: Chairman means the Chairman or Acting Chairman of the NTSB. FOIA Public Liaison means a supervisory official, designated by the Chief FOIA Officer, who is responsible for assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in resolving disputes. Managing Director means the Managing Director of the NTSB. Non-docket items include records from an accident that are not directly pertinent to the investigation, and are not in the public docket. Public Docket includes a collection of records from an accident investigation that the agency deemed pertinent to the investigation. Record, document, or any other term used to reference information includes: (1) Any writing, drawing, map, recording, tape, film, photo, or other documentary material by which information is preserved. In this part, “document” and “record” have the same meaning; (2) Any information that would be an agency record subject to the requirements of this section when maintained by the NTSB in any format, including an electronic format; and (3) Any information described under subparagraphs (1) or (2) that is maintained for the NTSB by an entity under Government contract, for the purposes of records management. Redact refers to the act of making a portion of text illegible by placing a black mark on top of the text. Requester means any person, as defined in 5 U.S.C. 551(2), who submits a request pursuant to the FOIA. | |||||
| 49:49:7.1.4.1.2.2.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | B | Subpart B—Administration | § 801.10 General. | NTSB | [82 FR 58356, Dec. 12, 2017, as amended at 86 FR 74377, Dec. 30, 2021] | (a) The NTSB's Chief FOIA Officer provides high level oversight and support to NTSB's FOIA programs, and recommends adjustments to agency practices, personnel, and funding as may be necessary to improve FOIA administration. The Chief FOIA Officer is responsible for the initial determination of whether to release records within the 20-working-day time limit, or the extension, specified in the Freedom of Information Act. The Chief FOIA Officer is also responsible for designating one or more FOIA Public Liaisons. (b) The NTSB's Chief, Records Management Division: (1) Is responsible for the custody and control of all NTSB records required to be preserved under the Federal Records Act, 44 U.S.C. Chapters 21, 29, 31, and 33. (2) Maintains an electronic reading room in accordance with 5 U.S.C. 552(a)(2). The NTSB's electronic reading room is accessible on the NTSB's FOIA website at https://www.ntsb.gov/. (3) Maintains a public access link on the NTSB's FOIA Website for requesters to electronically submit a FOIA request and track the status of the request. (c) The NTSB maintains in its electronic reading room, making the following available: (1) Records that have been provided pursuant to a FOIA request, and (i) Have been requested at least three times or (ii) Are likely to be the subject of repeat requests. (2) A general index of the records in paragraph (c)(1) of this section; (3) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of appeals under parts 821 and 825 of this chapter. (4) Statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register ; (5) Administrative staff manuals and instructions to staff that affect a member of the public; (6)(i) The annual report submitted to the Attorney General and the Office of Government Information Services in the National Archives and Records Administration (OGIS), under 5 U.S.C. 552(e)(1); and (ii) The raw statistical data used in the annual re… | ||||
| 49:49:7.1.4.1.2.2.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | B | Subpart B—Administration | § 801.11 Segregability of records. | NTSB | The initial decision of the FOIA Officer will include a determination of segregability. If it is reasonable to do so, the exempt portions of a record will be segregated and, where necessary, redacted, and the nonexempt portions will be sent to the requester. | |||||
| 49:49:7.1.4.1.2.2.1.3 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | B | Subpart B—Administration | § 801.12 Protection of records. | NTSB | No person may, without permission, remove from the place where it is made available any record made available for inspection or copying under § 801.10(c). Removing, concealing, altering, mutilating, obliterating, or destroying, in whole or in part, such a record is deemed a criminal offense pursuant to 18 U.S.C. 641, 2071(a). | |||||
| 49:49:7.1.4.1.2.3.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | C | Subpart C—Time Limits | § 801.20 Processing of requests. | NTSB | (a) Multi-track processing. The FOIA Office processes FOIA requests in one of three tracks: (1) Track 1: Requests that meet the criteria for expedited processing, or requests that seek records that have been produced in response to a prior request. (2) Track 2: Requests that do not involve voluminous records or lengthy consultations with other entities. (3) Track 3: Requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests which may involve sensitive records. (b) Expedited processing. (1) A requester may submit a statement demonstrating with reasonable particularity that the requester has a compelling need for expedited processing in Track 1. The requester must certify that the statement is true and correct to the best of the requester's knowledge. Within 10 calendar days after receipt of the statement, the FOIA Office will inform the requester whether the request qualifies for expedited processing, and if not, provide the requester with the information in § 801.21(b). (2) In this section, “compelling need” means: (i) That a failure to expedite the request could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (ii) With respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity. (3) The requester may appeal the FOIA Office's decision regarding expedited processing to the Managing Director within 90 calendar days. The Managing Director will decide the appeal on an expedited basis, and no later than 20 days (excluding Saturdays, Sundays, and legal public holidays) after receipt of the appeal. The final determination will notify the requester of the statutory right to seek judicial review of the determination pursuant to 5 U.S.C. 552(a)(6)(E)(iii), and will inform the requester of the dispute resolution services offered by OGIS. | |||||
| 49:49:7.1.4.1.2.3.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | C | Subpart C—Time Limits | § 801.21 Initial determination. | NTSB | (a) The NTSB FOIA Officer will make an initial determination as to whether to comply with the request within 20 days (excluding Saturdays, Sundays, and legal public holidays) after the request is received. (b) Upon the FOIA Office's receipt of a FOIA request, the time limit is tolled while the FOIA Office seeks reasonable information from the requester: (1) About the scope of the request, such as whether docket items and other publicly available information on the NTSB website satisfy the request; and (2) Necessary to resolve fee assessment issues. (c) If unusual circumstances exist, this time limit may be extended up to 10 additional days (excluding Saturdays, Sundays, and legal public holidays) in accordance with § 801.23. The requester will be notified immediately of an extension in accordance with § 801.23. If a determination is made to release the requested record(s), such record(s) will be made available promptly. (d) If the FOIA Officer determines not to release the record(s), the FOIA Office will notify the requester of: (1) The reason for the determination; (2) The right to appeal the determination to the Managing Director within 90 calendar days; (3) The name and title or positions of each person responsible for the denial of the request; (4) The right to seek dispute resolution services from the NTSB's FOIA Public Liaison or OGIS. | |||||
| 49:49:7.1.4.1.2.3.1.3 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | C | Subpart C—Time Limits | § 801.22 Final determination. | NTSB | Requesters seeking an appeal of the FOIA Officer's initial determination must send a written appeal to the NTSB's Managing Director within 90 calendar days. The NTSB's Managing Director will determine whether to grant or deny any appeal within 20 days (excluding Saturdays, Sundays, and legal public holidays) after receipt of such appeal, except that this time limit may be extended by as many as 10 additional days (excluding Saturdays, Sundays, and legal public holidays), in accordance with § 801.23. The final determination will notify the requester of the statutory right to seek judicial review of the determination pursuant to 5 U.S.C. 552(a)(4)(B), and will inform the requester of the dispute resolution services offered by OGIS. | |||||
| 49:49:7.1.4.1.2.3.1.4 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | C | Subpart C—Time Limits | § 801.23 Extension. | NTSB | (a) In unusual circumstances as specified in this section, the time limits prescribed in either § 801.21 or § 801.22 may be extended by no more than 10 days (excluding Saturdays, Sunday, and legal public holidays) by providing written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. (b) If the request cannot be processed within the extended time limit specified in paragraph (a) of this section, the requester will be: (1) Notified in writing; (2) Given an opportunity to limit the scope of the request so that it may be processed within that time limit, or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request; and (3) Advised of the requester's right to seek assistance from the NTSB's FOIA Public Liaison and seek dispute resolution services from OGIS. (c) As used in this paragraph (c), “unusual circumstances,” as they relate to any delay that is reasonably necessary to the proper processing of the particular request, means: (1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (2) The need to search for, collect, and appropriately examine and process a voluminous amount of separate and distinct records which are the subject of a single request; or (3) The need to consult with another agency that has a substantial interest in the disposition of the request or with two or more components of the agency having substantial subject-matter interest therein. | |||||
| 49:49:7.1.4.1.2.4.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | D | Subpart D—Accident Investigation Records | § 801.30 Records from accident investigations. | NTSB | [86 FR 74378, Dec. 30, 2021] | Upon completion of an accident investigation, the NTSB will compile a public docket containing investigators' factual reports, and documents and exhibits that the agency deemed pertinent to the investigation. The Chief, Records Management Division, will then make the docket available on the NTSB website. | ||||
| 49:49:7.1.4.1.2.4.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | D | Subpart D—Accident Investigation Records | § 801.31 Public hearings regarding investigations. | NTSB | [86 FR 74378, Dec. 30, 2021] | Within approximately four (4) weeks after a public investigative hearing conducted in accordance with part 845, subpart A, of this chapter, the Chief, Records Management Division, will make the hearing transcript available in the electronic reading room. On or before the date of the hearing, the Chief, Records Management Division, will make the exhibits introduced at the hearing available on the NTSB website. | ||||
| 49:49:7.1.4.1.2.4.1.3 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | D | Subpart D—Accident Investigation Records | § 801.32 Accident reports. | NTSB | [82 FR 58356, Dec. 12, 2017, as amended at 86 FR 74378, Dec. 30, 2021] | (a) The NTSB will report the facts, conditions, circumstances, and its determination of the probable causes of U.S. civil transportation accidents, in accordance with 49 U.S.C. 1131(e). (b) These reports will be made available on the NTSB electronic reading room. | ||||
| 49:49:7.1.4.1.2.5.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | E | Subpart E—Other Agency Documents | § 801.40 NTSB rules. | NTSB | The NTSB's rules are published in the Code of Federal Regulations, Title 49, Chapter VIII. | |||||
| 49:49:7.1.4.1.2.5.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | E | Subpart E—Other Agency Documents | § 801.41 Reports to Congress. | NTSB | [86 FR 74378, Dec. 30, 2021] | The NTSB submits its annual report to Congress, in accordance with 49 U.S.C. 1117. The report will be available on the NTSB's website at https://www.ntsb.gov. Interested parties may purchase the report from the U.S. Government Publishing Office or review it in the NTSB's electronic reading room. All other reports or comments to Congress will be available in the NTSB's electronic reading room. | ||||
| 49:49:7.1.4.1.2.6.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.50 Exemptions from disclosure. | NTSB | Title 5 U.S.C. 552(a) and (b) exempt certain records from public disclosure. Examples of records given in this subpart included within a particular statutory exemption are not necessarily illustrative of all types of records covered by the applicable exemption. | |||||
| 49:49:7.1.4.1.2.6.1.10 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.59 Geological records. | NTSB | Pursuant to 5 U.S.C. 552(b)(9), records concerning geological wells are exempt from public disclosure. | |||||
| 49:49:7.1.4.1.2.6.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.51 National defense and foreign policy secrets. | NTSB | Pursuant to 5 U.S.C. 552(b)(1), national defense and foreign policy secrets established by Executive Order, as well as properly classified documents, are exempt from public disclosure. Requests to the NTSB for such records will be transferred to the source agency as appropriate, where such classified records are identified. (See, e.g., Executive Order 12,958, as amended on March 25, 2003.) | |||||
| 49:49:7.1.4.1.2.6.1.3 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.52 Internal personnel rules and practices of the NTSB. | NTSB | [86 FR 54641, Oct. 4, 2021] | Pursuant to 5 U.S.C. 552(b)(2), the following records are exempt from disclosure under FOIA: Records relating solely to internal personnel rules and practices, including memoranda pertaining to personnel matters such as staffing policies, and procedures for the hiring, training, promotion, demotion, or discharge of employees, and management plans, records, or proposals relating to labor-management relations. | ||||
| 49:49:7.1.4.1.2.6.1.4 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.53 Records exempt by statute from disclosure. | NTSB | Pursuant to 5 U.S.C. 552(b)(3), the NTSB will not disclose records specifically exempted from disclosure by statute (other than 5 U.S.C. 552(b)), provided that such statute: (a)(1) Requires that the matters be withheld from the public in such manner as to leave no discretion on the issue, or (2) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; and (b) If enacted after the date of enactment of the Open FOIA Act of 2009, Public Law 111-83, Title V, section 564, 123 Stat. 2142, Oct. 28, 2009, specifically cites to 5 U.S.C. 552(b)(3). | |||||
| 49:49:7.1.4.1.2.6.1.5 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.54 Trade secrets and commercial or financial information. | NTSB | Pursuant to 5 U.S.C. 552(b)(4), trade secrets and items containing commercial or financial information that are obtained from a person and are privileged or confidential are exempt from public disclosure. | |||||
| 49:49:7.1.4.1.2.6.1.6 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.55 Interagency and intra-agency exchanges. | NTSB | (a) Pursuant to 5 U.S.C. 552(b)(5), any record prepared by an NTSB employee for internal Government use is exempt from public disclosure to the extent that it contains— (1) Opinions made in the course of developing official action by the NTSB but not actually made a part of that official action, or (2) Information concerning any pending NTSB proceeding, or similar matter, including any claim or other dispute to be resolved before a court of law, administrative board, hearing officer, or contracting officer. (b) The purpose of this section is to protect the full and frank exchange of ideas, views, and opinions necessary for the effective functioning of the NTSB. These resources must be fully and readily available to those officials upon whom the responsibility rests to take official NTSB action. Its purpose is also to protect against the premature disclosure of material that is in the developmental stage, if premature disclosure would be detrimental to the authorized and appropriate purposes for which the material is being used, or if, because of its tentative nature, the material is likely to be revised or modified before it is officially presented to the public. (c) Examples of materials covered by this section include, but are not limited to, staff papers containing advice, opinions, or suggestions preliminary to a decision or action; preliminary notes; advance information on such things as proposed plans to procure, lease, or otherwise hire and dispose of materials, real estate, or facilities; documents exchanged in preparation for anticipated legal proceedings; material intended for public release at a specified future time, if premature disclosure would be detrimental to orderly processes of the NTSB; records of inspections, investigations, and surveys pertaining to internal management of the NTSB; and matters that would not be routinely disclosed in litigation but which are likely to be the subject of litigation. (d) The deliberative process privilege does not apply to records created 25 years or more … | |||||
| 49:49:7.1.4.1.2.6.1.7 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.56 Unwarranted invasion of personal privacy. | NTSB | Pursuant to 5 U.S.C. 552(b)(6), any personal, medical, or similar file is exempt from public disclosure if its disclosure would harm the individual concerned or would be a clearly unwarranted invasion of the person's personal privacy. | |||||
| 49:49:7.1.4.1.2.6.1.8 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.57 Records compiled for law enforcement purposes. | NTSB | Pursuant to 5 U.S.C. 552(b)(7), any records compiled for law or regulatory enforcement are exempt from public disclosure to the extent that disclosure would interfere with enforcement, would be an unwarranted invasion of privacy, would disclose the identity of a confidential source, would disclose investigative procedures and practices, or would endanger the life or security of law enforcement personnel. | |||||
| 49:49:7.1.4.1.2.6.1.9 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | F | Subpart F—Exemption From Public Disclosure | § 801.58 Records for regulation of financial institutions. | NTSB | Pursuant to 5 U.S.C. 552(b)(8), records compiled for agencies regulating or supervising financial institutions are exempt from public disclosure. | |||||
| 49:49:7.1.4.1.2.7.1.1 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | G | Subpart G—Fee Schedule | § 801.60 Fee schedule. | NTSB | (a) Authority. Pursuant to 5 U.S.C. 552(a)(4)(i) and the Office of Management and Budget's Uniform Freedom of Information Act Fee Schedule and Guidelines, 52 FR 10012, Mar. 27, 1987, the NTSB may charge certain fees for processing requests under the FOIA in accordance with paragraph (c) of this section, except where fees are limited under paragraph (d) of this section, or where a waiver or reduction of fees is granted under paragraph (e) of this section. The NTSB does not require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the NTSB determines that the fee will exceed $250.00. A requester must pay fees in accordance with the instructions provided on the invoice the FOIA Office sends to the requester. (b) Definitions. For purposes of this section: Commercial use request means a request from or on behalf of a person who seeks information for a use or purpose that furthers his or her commercial, trade, or profit interests. This includes the furtherance of commercial interests through litigation. When it appears that the requester will use the requested records for a commercial purpose, either because of the nature of the request or because the NTSB has reasonable cause to doubt a requester's stated use, the NTSB will provide the requester with a reasonable opportunity to submit further clarification. Direct costs mean those expenses that an agency incurs in searching for, reviewing, and duplicating records in response to a FOIA request. This includes the salaries of NTSB employees performing the work, as listed below, but does not include overhead expenses such as the costs of office space. Duplication means the copying of a record, or of the information contained in a record, in response to a FOIA request. Copies can take the form of paper, audiovisual materials, or electronic records, among others. Educational institution means any school, or institution of vocational education that operates a program of scholarly research. In order for a re… | |||||
| 49:49:7.1.4.1.2.7.1.2 | 49 | Transportation | VIII | 801 | PART 801—PUBLIC AVAILABILITY OF INFORMATION | G | Subpart G—Fee Schedule | § 801.61 Appeals of fee determinations. | NTSB | Requesters seeking an appeal of the FOIA Office's fee or fee waiver determination must send a written appeal to the Managing Director within 90 calendar days. The Managing Director will determine whether to grant or deny any appeal made pursuant to § 801.21 within 20 days (excluding Saturdays, Sundays, and legal public holidays) after receipt of such appeal, except that this time limit may be extended for as many as 10 additional days (excluding Saturdays, Sundays, and legal public holidays), in accordance with § 801.23. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);