PART 800--ORGANIZATION AND FUNCTIONS OF THE BOARD AND DELEGATIONS OF
AUTHORITY
Subpart A--Organization and Functions
Sec.
800.1 Purpose.
800.2 Organization.
800.3 Functions.
800.4 Operation.
800.5 Office locations.
800.6 Availability of information and materials.
Subpart B--Delegations of Authority to Staff Members
800.21 Purpose.
800.22 Delegation to the Managing Director.
800.23 Delegation to the administrative law judges, Office of Administrative
Law Judges.
800.24 Delegation to the General Counsel.
800.25 Delegation to the Director, Bureau of Accident Investigation.
800.26 Delegation to the Director, Bureau of Administration.
800.27 Delegation to investigative officers and employees of the Board.
800.28 Delegation to the Director, Bureau of Field Operations.
Appendix--Request to the Secretary of the Department of Transportation To
Investigate Certain Aircraft Accidents
Authority: Independent Safety Board Act of 1974, Pub. L. 93-633, 88 Stat.
2166 (49 U.S.C. 1901 et seq.).
Source: 49 FR 26232, June 27, 1984, unless otherwise noted.
Subpart A--Organization and Functions
Sec. 800.1 Purpose.
This part describes the organization, functions, and operation of the
National Transportation Safety Board (Board).
Sec. 800.2 Organization.
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 the functions, powers, and duties of
Titles VI and VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441), and
the Independent Safety Board Act of 1974 (88 Stat. 2166 et seq. (49 U.S.C.
1901 et seq.)). The Board is an independent agency of the United States. A
detailed description of the Board and its components is published in the
Board's internal orders, which are available for inspection and copying in
the public reference room in the Washington office of the Board. The various
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 prinicipal 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 excutive secretariat services to the Board.
(b) The Office of Government and Public Affairs, which supplies the public,
the Congress, other Federal, state and local government agencies, the
transportation industry and the news media, with current, accurate
information concerning the work, programs, and objectives of the Board.
(c) The Office of the General Counsel, which provides legal advice and
assistance to the Board and its staff components, prepares Board rules,
opinions and/or orders, and advice to all offices and bureaus on matters of
legal significance; and represents the Board in court actions to which the
Board is a party or in which the Board is interested.
(d) The Office of Administrative Law Judges, which conducts all formal
proceedings arising under Title VI of the Federal Aviation Act of 1958,
including proceedings involving suspension or revocation of certificates and
appeals from actions of the Administrator, Federal Aviation Administration,
in refusing to issue airman certificates.
(e) The Bureau of Accident Investigation, which conducts investigations of
all major transportation accidents and other marine, pipeline and hazardous
materials accidents within the Board's jurisdiction; recommends to the Board
whether a public hearing or deposition proceeding should be held to determine
the facts, conditions, and circumstances of major accidents; prepares a
report for release to the public regarding such accidents for submission to
the Board including a recommendation as to the probable cause(s); determines
the probable cause(s) of accidents where delegated authority to do so by the
Board; initiates safety recommendations to prevent future transportation
accidents; and participates in the investigation of accidents which occur in
foreign countries and which involve U.S.-registered and/or U.S.-manufactured
aircraft, pursuant to Annex 13 of the Chicago Convention.
(f) The Bureau of Field Operations, which oversees the Board's field
offices located throughout the United States, and conducts all aviation, rail
and highway accident investigations within the Board's jurisdiction other
than those conducted by the Bureau of Accident Investigation; prepares a
report for release to the public regarding such accidents; determines the
probable cause(s) of accidents where authority to do so is delegated by the
Board; initiates safety recommendations to prevent future transportation
accidents; and conducts special investigations into selected aviation, rail
or highway accidents involving safety issues of concern to the Board.
(g) The Bureau of Technology, which provides technical advice and services,
conducts research, and carries out analytical studies and tests on all
aspects of the Board's accident investigation, accident prevention, and
safety promotion activities, including safety recommendations, studies, and
special investigations.
(h) The Bureau of Safety Programs, which conducts safety studies of
specific safety issues; coordinates the development of and follow-up on the
safety recommendations issued by the Board; coordinates preparation of Board
comments on Notices of Proposed Rulemaking by other Federal agencies which
involve transportation safety issues; provides statistical analyses of
transportation accident and incident data; and prepares transportation safety
program proposals for submission to the Board.
(i) The Bureau of Administration, which provides administrative support for
the Board in the following areas: Budget, accounting and audit; personnel,
training and payroll; information management and automatic data processing;
property, space, communications, facilities and transportation management;
and printing, publications, mail, procurement, contracting, and accident
inquiry services.
Sec. 800.3 Functions.
(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: All accidents involving civil aircraft; highway accidents
including railroad grade-crossing accidents, the investigation of which is
selected in cooperation with the States; railroad accidents in which there is
a fatality, substantial property damage, or which involve a passenger train;
pipeline accidents in which there is a fatality or substantial property
damage; and major marine casualties and marine accidents involving a public
and a non-public vessel or involving Coast Guard functions. The Board makes
transportation safety recommendations to Federal, State, and local agencies,
and private organizations, to reduce the likelihood of recurrence 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 in
preventing accidents of other Government agencies, and evaluates the adequacy
of safeguards and procedures concerning the transportation of hazardous
materials.
(b) Upon application of affected parties, the Board reviews in quasi-
judicial proceedings, conducted pursuant to the provisions of 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 Administration modifying, amending,
suspending, or revoking certificates. The Board also reviews on appeal the
decisions of the Commandant, U.S. Coast Guard, on appeals from orders of
adminstrative law judges suspending, revoking, or denying seamen licenses,
certificates, or documents.
(c) The Board, as provided in Part 801 of this chapter, issues reports and
orders pursuant to its duties to determine the cause or probable cause or
causes of transportation accidents and to report the facts, conditions and
circumstances relating to such accidents; issues opinions and/or orders after
reviewing on appeal the suspension, amendment, modification, revocation, or
denial of any certificate or license issued by the Secretary of the
Department of Transportation (who acts through the Administrator of the
Federal Aviation Administration or the Commandant of the United States Coast
Guard); and issues and makes available to the public safety recommendations,
safety studies, and reports of special investigations.
Sec. 800.4 Operation.
In exercising its functions, duties, and responsibilities, the Board
utilizes:
(a) The Board's staff, consisting of specialized bureaus and 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 Sec. 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 Printing 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. 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.
Sec. 800.5 Office locations.
The principal offices of the National Transportation Safety Board are
located at 800 Independence Avenue, SW., Washington, DC 20594. The Board
maintains field offices in selected cities throughout the United States.
Sec. 800.6 Availability of information and materials.
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.
Subpart B--Delegations of Authority to Staff Members
Sec. 800.21 Purpose.
The purpose of this Subpart B is to publish all delegations of authority of
staff members which do not appear in other Board regulations.
Sec. 800.22 Delegation to the Managing Director.
(a) The Board hereby delegates to the Managing Director the authority to:
(1) Make the final determination as to whether to withhold a Board record
from inspection of 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 sections 304(a)(2) and 307 of the
Independent Safety Board Act of 1974 (49 U.S.C. 1903(a)(2) and 1906).
(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.
Sec. 800.23 Delegation to the administrative law judges, Office of
Administrative Law Judges.
The Board hereby delegates to the administrative law judges the authority
generally detailed in procedural regulation, Part 821, of this chapter.
Sec. 800.24 Delegation to the General Counsel.
The Board hereby delegates to the General Counsel the authority to:
(a) Approve, disapprove, or request further information concerning 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 changes in procedural requirements subsequent to the
initial decision, grant or deny requests to file additional briefs pursuant
to Sec. 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
Sec. 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, 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
Title VII of the Federal Aviation Act of 1958, 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.
(h) Correct Board orders by eliminating typographical, grammatical, and
similar errors, and make editorial changes therein not involving matters of
substance.
Sec. 800.25 Delegation to the Director, Bureau of Accident Investigation.
The Board hereby delegates to the Director, Bureau of Accident
Investigation, the authority to:
(a) Order an investigation into the facts, conditions, and circumstances of
transportation accidents which 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 Bureau 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 Bureau Director that, because of significant public
interest, a policy issue, or a safety issue or 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 safety
study. Provided, that a petition for reconsideration or modification of a
determination of the probable cause(s) made under Sec. 845.41 of the Board's
regulations (49 CFR 845.41) shall be acted on by the Board.
[49 FR 26232, June 27, 1984, as amended at 54 FR 10331, Mar. 13, 1989]
Sec. 800.26 Delegation to the Director, Bureau of Administration.
The Board hereby delegates to the Director, Bureau of Administration, the
authority to:
(a) Determine initially the withholding of a Board record from inspection
or copying, pursuant to Part 801 of this chapter.
(b) 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.
Sec. 800.27 Delegation to investigative officers and employees of the Board.
The Board hereby delegates to any officer or employee of the Board who is
designated by the Chairman of the Safety Board 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.
Sec. 800.28 Delegation to Director, Bureau of Field Operations.
The Board hereby delegates to the Director, Bureau of Field Operations, the
authority to:
(a) Order an investigation into the facts, conditions, and circumstances of
transportation accidents which 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 Bureau 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 Bureau Director that, because of significant public
interest, a policy issue, or a safety issue or 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 safety
study. Provided, that a petition for reconsideration or modification of a
determination of the probable cause(s) made under Sec. 845.41 of the Board's
regulations (49 CFR 845.41) shall be acted on by the Board.
[49 FR 26232, June 27, 1984, as amended at 54 FR 10331, Mar. 13, 1989]
Appendix--Request to the Secretary of the Department of Transportation to
Investigate Certain Aircraft Accidents
(a) Acting pursuant to the authority vested in it by Title VII of the
Federal Aviation Act of 1958 (49 U.S.C. 1441) and section 304(a)(1) of the
Independent Safety Board Act of 1974, the National Transportation Safety
Board (Board) hereby requests the Secretary of the Department of
Transportation (Secretary) to exercise his authority subject to the terms,
conditions, and limitations of Title VII and section 304(a)(1) of the
Independent Safety Board Act of 1974, and as set forth below to investigate
the facts, conditions, and circumstances surrounding certain fixed-wing and
rotorcraft aircraft accidents and to submit a report to the Board from which
the Board may make a determination of the probable cause.
(b) The authority to be exercised hereunder shall include the investigation
of all civil aircraft accidents involving rotorcraft, serial application,
amateur-built aircraft, restricted category aircraft, and all fixed-wing
aircraft which have a certificated maximum gross takeoff weight of 12,500
pounds or less except:
(1) Accidents in which fatal injuries have occurred to an occupant of such
aircraft, but shall include accidents involving fatalities incurred as a
result of aerial application operations, amateur-built aircraft operations,
or restricted category aircraft operations.
(2) Accidents involving aircraft operated in accordance with the provisions
of Part 135 of the Federal Air Regulations entitled "Air Taxi Operators and
Commercial Operators of Small Aircraft."
(3) Accidents involving aircraft operated by an air carrier authorized by
certificate of public convenience and necessity to engage in air
transportation.
(4) Accidents involving midair collisions.
(c) Provided, That the Board may, through the chiefs of its field offices,
or their designees who receive the initial notifications, advise the
Secretary, through his appropriate designee, that the Board will assume the
full responsibility for the investigation of an accident included in this
request in the same manner as an accident not so included; and Provided
further, That the Board, through the chiefs of its field offices, or their
designees who receive initial notifications may request the Secretary,
through his appropriate designee, to investigate an accident not included in
this request, which would normally be investigated by the Board under section
(b) (1) through (4) above, and in the same manner as an accident so included.
(d) Provided, That this authority shall not be construed to authorize the
Secretary to hold public hearings or to determine the probable cause of the
accident; and Provided further, That the Secretary will report to the Board
in a form acceptable to the Board the facts, conditions, and circumstances
surrounding each accident from which the Board may determine the probable
cause.
(e) And provided further, That this request includes authority to conduct
autopsies and such other tests of the remains of deceased persons aboard the
aircraft at the time of the accident, who die as a result of the accident,
necessary to the investigations requested hereunder and such authority may be
delegated and redelegated to any official or employee of the Federal Aviation
Administration (FAA). For the purpose of this provision, designated aviation
examiners are not deemed to be officials or employees of the FAA.
(f) Invoking the provisions of section 701(f) of the Federal Aviation Act
of 1958, and section 304(a)(1) of the Independent Safety Board Act of 1974,
is necessary inasmuch as sufficient funds have not been made available to the
Board to provide adequate facilities and personnel to investigate all
accidents involving civil aircraft. This request, therefore, is considered to
be temporary in nature and may be modified or terminated by written notice to
the Secretary.
