PART 801--PUBLIC AVAILABILITY OF INFORMATION

                      Subpart A--Applicability and Policy

 Sec.
 801.1  Applicability.
 801.2  Policy.
 801.3  Definitions.

                           Subpart B--Administration

 801.10  General.
 801.11  Segregability of records.
 801.12  Protection of records.
 801.13  Production of records on demand of courts or other authorities.

                            Subpart C--Time Limits

 801.20  Initial determination.
 801.21  Final determination.
 801.22  Extension.

                   Subpart D--Accident Investigation Records

 801.30  Field aircraft accident investigations.
 801.31  Major aircraft accident investigations.
 801.32  Aircraft accident public hearings.
 801.33  Surface transportation accident investigations.
 801.34  Surface accident public hearings.
 801.35  Aviation accident reports.
 801.36  Surface transportation accident reports.

                       Subpart E--Other Board Documents

 801.40  The Board's rules.
 801.41  Transportation safety recommendations.
 801.42  Indexes to aviation and maritime enforcement cases.
 801.43  Administrative staff manuals and instructions and indexes that affect
     the public.
 801.44  Reports to Congress.
 801.45  Other records.
 801.46  Special document services.

                  Subpart F--Exemption From Public Disclosure

 801.50  General.
 801.51  National defense and foreign policy secrets.
 801.52  Internal personnel rules and practices of the Board.
 801.53  Records exempt by statute from disclosure.
 801.54  Interagency and intra-agency exchanges.
 801.55  Unwarranted invasion of personal privacy.
 801.56  Records compiled for law enforcement purposes.
 801.57  Records for regulation of financial institutions.
 801.58  Geological records.
 801.59  Trade secrets and commercial or financial information.

 Appendix--Fee Schedule

   Authority: Freedom of Information Act, Pub. L. 93-502, amending 5 U.S.C.
 552; Independent Safety Board Act of 1974, Pub. L. 93-633, 88 Stat. 2166 (49
 U.S.C. 1901 et seq.), 31 U.S.C. 483a, and 18 U.S.C. 641 and 2071(a).
 Source: 41 FR 39755, Sept. 16, 1976, unless otherwise noted.






                      Subpart A--Applicability and Policy






 Sec. 801.1   Applicability.

   (a) This part implements the provisions of the Freedom of Information Act
 (5 U.S.C. 552) as amended by Pub. L. 93-502, November 21, 1974, and the
 publication and public access requirements embodied in title III of the
 Independent Safety Board Act of 1974 (88 Stat. 2166 (49 U.S.C. 1901 et
 seq.)). In addition, it provides for document services and the charges
 therefor, pursuant to 31 U.S.C. 483a.
   (b) This part applies only to records existing when the request for the
 information is made. The National Transportation Safety Board (Board) is not
 required to compile or procure records for the sole purpose of making them
 available hereunder.
   (c) Subpart F of this part describes records which are exempt from public
 disclosure.






 Sec. 801.2   Policy.

   In implementing 5 U.S.C. 552, it is the policy of the Board to make
 information available to the public to the greatest extent possible.
 Accordingly, all records of the Board, except those that the Board
 specifically determines must not be disclosed in the national interest, or
 for the protection of private rights, or for the efficient conduct of public
 business to the extent permitted by the Freedom of Information Act, are
 declared to be available for public inspection and copying, as provided in
 this part. Records are to be made available to the public promptly and to the
 fullest extent consistent with this policy. No record may be withheld from
 the public solely because its release might indicate administrative error or
 embarrass an officer or employee of the Board.






 Sec. 801.3   Definitions.

   "Record" includes any writing, drawing, map, recording, tape, film, photo,
 or other documentary material by which information is preserved, and this
 definition also applies to section 306(a) of the Independent Safety Board Act
 of 1974, which requires public access to any information. In this part,
 "document" and "record" shall have the same meaning.
   "Chairman" means the Chairman of the Board.
   "Managing Director" means the Managing Director of the Board.






                           Subpart B--Administration






 Sec. 801.10   General.

   (a) The Director, Bureau of Administration, is responsible for the custody
 and control of all Board records required to be preserved under directives of
 the General Services Administration, issued pursuant to 44 U.S.C. 3102.
   (b) The Director, Bureau of Administration, shall be solely responsible for
 the initial determination of whether to release records within the 10 working
 days' limit, or the extension specified in the Freedom of Information Act.
   (c) The Public Inquiries Section, Bureau of Administration, shall:
   (1) Maintain for public access and commercial reproduction all accident
 files containing aviation and surface investigator's reports, factual
 accident reports or group chairman reports, documentation and accident
 correspondence files, transcripts of public hearings, if any, and exhibits.
   (2) Maintain a public reference room (with self-service duplicator) and, on
 request, permit the public to inspect public documents during normal working
 hours.
   (3) Maintain copies of public documents, specified in the Appendix, for
 inspection and copying in the public reference room.
   (d) Requests for documents must be addressed to the Public Inquiries
 Section, National Transportation Safety Board, Washington, DC 20594. All
 requests must reasonably identify the record requested, must be accompanied
 by the fee or agreement (if any) to pay the reproduction costs shown in the
 fee schedule (see Appendix), and must contain the address and telephone
 number of the person making the request. The envelope in which the request is
 sent should be marked prominently with the letters "FOIA." The Bureau of
 Administration, if there is a failure to comply fully, will attempt to
 contact the requester immediately to rectify the omission. However, the 10-
 working-day limit for processing shall not commence until the Bureau of
 Administration receives a totally correct request.
   (e) The field offices of the Board shall not maintain, for public access,
 records maintained by the Bureau of Administration. If requests are made to
 field offices, advice will be promptly given as to how to make such requests.
   (f) The Bureau of Administration shall maintain a contract with a
 commercial reproduction firm to accommodate requests for reproduction of
 accident records. The reproduction charges may be subject to change with each
 contract renewal.
   (g) Requests for documents generated by other agencies or entities will not
 be processed unless they are contained in the Board's accident files.
   (h) Requests for records not yet issued will be held in abeyance until
 issuance and then processed. The person making the request will be so
 notified.
   (i) No charge will be made by the Board for notices, decisions, orders,
 etc., required by law to be served on a party to any proceeding or matter
 before the Board.
   (j) Upon approval of the Director, Bureau of Administration, subscriptions
 to Board publications may be entered without charge for States,
 organizations, or other entities specified in the fee schedule set forth in
 the appendix.






 Sec. 801.11   Segregability of records.

   The initial decision of the Director, Bureau of Administration shall
 include a determination of segregability. If it is reasonable to do so, the
 exempt portions will be deleted and the nonexempt portions will be sent to
 the requester.






 Sec. 801.12   Protection of records.

   (a) No person may, without permission, remove from the place where it is
 made available any record made available to him for inspection or copying.
 Stealing, altering, multilating, obliterating, or destroying, in whole or in
 part, such a record shall be deemed a crime.
   (b) Section 641 of title 18 of the U.S.C. provides, in pertinent part, as
 follows:

   "Whoever * * * steals, purloins, or knowingly converts to his use or the
 use of another, or without authority, sells, conveys or disposes of any
 record * * * or thing of value of the United States or of any department or
 agency thereof * * * Shall be fined not more than $10,000 or imprisoned not
 more than ten years or both; but if the value of such property does not
 exceed the sum of $100, he shall be fined not more than $1,000 or imprisoned
 not more than one year, or both. * * *"

   (c) Section 2071(a) of title 18 of the U.S.C. provides, in pertinent part,
 as follows:

   "(a) Whoever willfully and unlawfully conceals, removes, mutilates,
 obliterates, or destroys, or attempts to do so, or, with intent to do so
 takes and carries away any record, proceeding, map, book, paper, document, or
 other things, filed or deposited * * * in any public office, or with any * *
 * public officer of the United States, shall be fined not more than $2,000 or
 imprisoned not more than three years, or both."






 Sec. 801.13   Production of records on demand of courts or other authorities.

   (a) No Board employee or Member, other than the Managing Director or the
 General Counsel, may respond to a demand of a court or other authority for
 the production of any Board records.
   (b) Whenever an employee or Board Member is served with a court order or
 other record order, or subpoena duces tecum, he shall immediately advise the
 General Counsel's office, and the General Counsel shall determine the course
 of action to be taken.
   (c) Subpoenas and requests for oral testimony will be processed pursuant to
 Part 835 of this chapter.






                            Subpart C--Time Limits






 Sec. 801.20   Initial determination.

   An initial determination as to whether to release a record shall be made by
 the Director, Bureau of Administration within 10 working days (excluding
 Saturdays, Sundays, and legal public holidays) after the request is received,
 except that this time limit may be extended up to 10 additional working days
 in accordance with Sec. 801.22, of this part. The person making the request
 will be notified immediately in writing of such determination. If such
 determination is to release the requested record, such record shall be made
 available promptly. If such determination is made not to release the record,
 the person making the request shall, when he is notified of such
 determination, be advised of (a) the reason for the determination, (b) the
 right to appeal the determination, and (c) the name and title or positions of
 each person responsible for the denial of the request.






 Sec. 801.21   Final determination.

   A determination with respect to any appeal made pursuant to Sec. 801.20,
 shall be made by the Managing Director within 10 working 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
 working days, in accordance with Sec. 801.22.






 Sec. 801.22   Extension.

   In unusual circumstances as specified in this section, the time limits
 prescribed in either, but not both, Sec. 801.20 or Sec. 801.21, may be
 extended by written notice to the person making a request and setting forth
 the reasons for such extension and the date on which a determination is
 expected to be dispatched. Such notice shall not specify a date that would
 result in an extension for more than 10 working days. As used in this
 paragraph, "unusual circumstances," to the extent reasonably necessary to the
 proper processing of the particular request, means--
   (a) The need to search for and collect the requested records from field
 facilities or other establishments that are separate from the Bureau of
 Administration;
   (b) The need to search for, collect, and appropriately examine a voluminous
 amount of separate and distinct records which are demanded in a single
 request; or
   (c) The need to consult with another agency which 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.






                   Subpart D--Accident Investigation Records






 Sec. 801.30   Field aircraft accident investigations.

   Upon completion of the field investigation (normally 60 days after the
 accident), the Board's investigator-in-charge shall complete a factual report
 (with documentation) and send it to the Director, Bureau of Administration,
 who shall then make the record available to the public for inspection or
 commercial copy order (see Appendix).






 Sec. 801.31   Major aircraft accident investigations.

   Upon completion of the investigation by a team of Board investigators
 (normally 60 days after the accident), the report of each investigator (group
 chairman), with documentation, shall be sent to the Director, Bureau of
 Administration, who shall make these records available to the public for
 inspection and commercial copy order (see Appendix).






 Sec. 801.32   Aircraft accident public hearings.

   Within approximately 2 weeks after a public hearing concerning an aviation
 accident, the Director, Bureau of Administration, shall make available to the
 public for inspection or commercial copy order, the hearing transcript and
 the exhibits introduced at the hearing (see Appendix).






 Sec. 801.33   Surface transportation accident investigations.

   Upon completion of the Board's investigation of these accidents (normally
 60 days after the accident), the investigators shall send to the Director,
 Bureau of Administration, a file of the documentation obtained. This file
 shall then be made available by the Bureau of Administration, for public
 access or commercial copy order (see Appendix).






 Sec. 801.34   Surface accident public hearings.

   Within approximately 2 weeks after a surface accident public hearing, the
 Bureau of Administration shall make available for public inspection and
 commercial copy order, the hearing transcript and exhibits introduced at the
 hearing.






 Sec. 801.35   Aviation accident reports.

   (a) The Board shall report the facts, conditions, and circumstances, and
 its determination of the cause or probable cause of all U.S. civil aviation
 accidents approximately 6 months after each accident occurs. All such reports
 shall be provided by computer printout, published periodically as "Briefs of
 Accidents."
   (b) All major or catastropic air carrier accidents and noncatastrophic
 accidents, involving both air carriers and general aviation, which provide
 unusually significant safety issues shall be reported by the Board in
 detailed, narrative format. The formal, narrative report shall provide the
 facts, conditions, and circumstances, and the Board's determination of the
 cause or probable cause of the accident; the report shall be issued
 approximately 6 months after date of accident.
   (c) After notice of issuance appears in the Federal Register, as required
 by section 304(a)(2) of the Independent Safety Board Act of 1974, the report
 shall be made available for public inspection in the Board's public reference
 room. (See Appendix for copies and subscriptions.)






 Sec. 801.36   Surface transportation accident reports.

   Any surface transportation accident investigated by the Board, and certain
 marine accidents investigated by the U.S. Coast Guard, shall result in a
 formal Board report. Such report shall provide the facts, conditions,
 circumstances, and the Board's determination of cause or probable cause of
 the accident. Reports of accidents investigated by the Board shall be issued
 approximately 6 months after the date of accident. After notice of issuance
 appears in the Federal Register, as required by section 304 (a)(2) of the
 Independent Safety Board Act of 1974, the report shall be made available for
 public inspection in the Board's public reference room. (See Appendix for
 copies and subscriptions.)






                       Subpart E--Other Board Documents






 Sec. 801.40   The Board's rules.

   The Board's rules are published in the Code of Federal Regulations as Parts
 800 through 899 of this Title 49. Reprints of each part are maintained by the
 Bureau of Administration and are available on request without cost.






 Sec. 801.41   Transportation safety recommendations.

   All transportation safety recommendations issued by the Board, and
 responses thereto, shall be noticed in the Federal Register as required by
 section 307 of the Independent Safety Board Act of 1974, and thereafter shall
 be made available for inspection or copying in the Board's public reference
 room. (See Appendix for copies and subscriptions.)






 Sec. 801.42   Indexes to aviation and maritime enforcement cases.

   (a) Pursuant to the Freedom of Information Act, as amended, a quarterly
 index to the initial decisions of the Board's administrative law judges shall
 be made available for inspection or copying in the Board's public reference
 room. (See Appendix for subscription to initial decisions.)
   (b) Pursuant to the Freedom of Information Act, as amended, a quarterly
 index to the Board's opinions and orders in aviation and maritime safety
 enforcement cases shall be made available for inspection or copying in the
 Board's public reference room. (See Appendix for subscription to opinions and
 orders and availability of bound National Transportation Safety Board
 Decisions.)






 Sec. 801.43   Administrative staff manuals and instructions and indexes that
     affect the public.

   The index to staff manuals which are not exempt from public disclosure, as
 set forth in Subpart F, shall be available in the Board's public reference
 room (see Appendix).






 Sec. 801.44   Reports to Congress.

   The Board's annual report to Congress, which is required under section 305
 of the Independent Safety Board Act of 1974, shall be submitted on July 1 of
 each year. It may be purchased from the Government Printing Office or
 inspected in the Board's public reference room. All other reports or comments
 to Congress shall be available in the Board's public reference room for
 inspection or by ordering a copy after issuance.






 Sec. 801.45   Other records.

   The working files of the Board contain a limited number of records which
 may not be exempt, in whole or in part, from public disclosure as set forth
 in Subpart F of this part. Such records shall be made available upon request.
 Requests for such documents should be made directly to the head of the unit
 concerned, as set forth in Sec. 801.10(j), and should contain a reasonable
 description of the specific record desired.






 Sec. 801.46   Special document services.

   (a) Although not required by the Freedom of Information Act, the Board
 provides document services at charges required by 31 U.S.C. 483a, as
 described in the Appendix.






                  Subpart F--Exemption From Public Disclosure






 Sec. 801.50   General.

   This subpart implements section 552 (b) of title 5, United States Code.
 Section 552 (a) and (b) exempt certain records from public inspection. The
 Board will, however, release a record authorized to be withheld under section
 552(b) unless it determines that the release of that record would be
 inconsistent with the purpose of the exemption concerned. Examples of records
 given in Secs. 801.51 through 801.58 included within a particular statutory
 exemption are not necessarily illustrative of all types of records covered by
 the exemption.






 Sec. 801.51   National defense and foreign policy secrets.

   National defense and foreign policy secrets established by Executive Order,
 and properly classified, are exempt from public disclosure. Requests to the
 Board for such records will be transferred to the source agency as
 appropriate. (Executive Orders 11652, March 8, 1972; 10865, February 20,
 1960; and 10104, February 1, 1950.)






 Sec. 801.52   Internal personnel rules and practices of the Board.

   (a) Records relating solely to internal personnel rules and practices that
 are within the statutory exemptions include 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.
   (b) The purpose of this section is to protect any records relating to
 internal personnel rules and practices dealing with the relations between
 Board management and employees.






 Sec. 801.53   Records exempt by statute from disclosure.

   This exemption applies to records specifically exempted from disclosure by
 statute (other than 5 U.S.C. 552b): Provided, That such statute (a) requires
 that the matters be withheld from the public in such manner as to leave no
 discretion on the issue, or (b) establishes particular criteria for
 withholding or refers to particular types of matters to be withheld.

 (5 U.S.C. 552b)

 [42 FR 13284, Mar. 10, 1977]






 Sec. 801.54   Interagency and intra-agency exchanges.

   (a) Any record prepared by a Board employee for internal Government use is
 within the statutory exemption to the extent that it contains--
   (1) Opinions made in the course of developing official action by the Board
 but not actually made a part of that official action, or
   (2) Information concerning any pending Board 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
 Government. These resources must be fully and readily available to those
 officials upon whom the responsibility rests to take official Board 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 staff papers
 containing advice, opinions, or suggestions preliminary to a decision or
 action; advance information on such things as proposed plans to procure,
 lease, or otherwise hire and dispose of materials, real estate, or
 facilities; documents exchanged preparatory to anticipated legal proceedings;
 material intended for public release at a specified future time, if premature
 disclosure would be detrimental to orderly processes of the Board; records of
 inspections, investigations, and surveys pertaining to internal management of
 the Board; and matters that would not be routinely disclosed in litigation
 but which are likely to be the subject of litigation.






 Sec. 801.55   Unwarranted invasion of personal privacy.

   Any personal, medical, or similar file is within the statutory exemption if
 its disclosure would harm the individual concerned or would be a clearly
 unwarranted invasion of his personal privacy. This also applies to financial
 statements furnished by Board Members and employees and to commercial or
 financial information customarily subjected to an attorney-client or similar
 privilege.






 Sec. 801.56   Records compiled for law enforcement purposes.

   This exemption from public disclosure applies to records compiled for law
 enforcement, but only 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.






 Sec. 801.57   Records for regulation of financial institutions.

   Records compiled for agencies regulating or supervising financial
 institutions are exempt from public disclosure.






 Sec. 801.58   Geological records.

   Records concerning geological wells are exempt from public disclosure.






 Sec. 801.59  Trade secrets and commercial or financial information.

   Trade secrets and commercial or financial information obtained from a
 person and privileged or confidential are exempt from public disclosure.

 [42 FR 13284, Mar. 10, 1977]






                            Appendix--Fee Schedule

   1. Fees (pursuant to 31 U.S.C. 483a). Upon request, services relating to
 public documents are available at the following fees:

                                A. Publications

   (1) The response to public requests for the following NTSB publications are
 handled by the National Technical Information Service (NTIS). The following
 publications are available through single copies or annual subscriptions and
 may be purchased in paper copy or 98 page per film microfiche (fees are
 subject to change by NTIS):

                                                        Calendar
                                              Single      year
                                              copies  subscription  Microfiche

 PB84-910400 Aircraft Accident Reports         $5.00        $55.00       (/1/)
 PB84-916200 Highway Accident Reports          (/1/)         50.00       (/1/)
 PB84-916300 Railroad Accident Reports         (/1/)         55.00       (/1/)
 PB84-916400 Marine Accident Reports           (/1/)         60.00       (/1/)
 PB84-916500 Pipeline Accident Reports         (/1/)         45.00       (/1/)
 PB84-916900 Aviation Accident Briefs          (/1/)        160.00       (/1/)
 PB84-917100 Highway Accident Briefs           12.50         (/2/)       (/1/)
 PB84-917200 Railroad Accident Briefs          12.50         (/2/)       (/1/)
 PB84-917300 Marine Accident Briefs            10.00         (/2/)       (/1/)
 PB84-917400 Pipeline Accident Briefs          10.00         (/2/)       (/1/)
 PB84-916600 Transportation Safety
  Recommendations                              (/1/)         55.00       (/1/)
 PB84-916700 Transportation Initial
  Decisions and Orders and Board Opinions &
  Orders                                       (/1/)        200.00       (/1/)
 PB84-917000 Transportation Special Reports
  /3/                                          (/1/)         50.00       (/1/)

 /1/ Variable prices based on number of pages; contact NTIS for price quote.

 /2/ Highway, Railroad, Marine and Pipeline brief subscriptions are available
 by standing order only and require an NTIS deposit account (they are issued
 at irregular intervals, and charges at single copy rates will be made only as
 reports are distributed).

 /3/ Transportation Special Reports [this category includes all forms of
 Safety Studies (formerly titled Special Studies, and Safety Effectiveness
 Evaluations), Special Investigation Reports, and Railroad/Highway Accident
 Reports].

   (2) Send publication orders for the above documents to the National
 Technical Information Service, 5285 Port Royal Road, Springfield, Virginia
 22161, identifying each subscription by the NTSB Report Number or the NTIS
 accession number. Telephone (703) 487-4630 (annual subscriptions) or (703)
 487-4650 (single copies or microfiche). The NTSB Report Number and the NTIS
 accession number can be obtained from the NTSB Public Inquiries Section.
   B. Access to transportation accident files (all modes). All files dated
 prior to January 1, 1978, are in hard copy form and are maintained in the
 Federal Records Center. Files dated January 1, 1978, to present are
 maintained in microfiche at the NTSB headquarters. All documents in the
 Board's public files may be examined, without charge, in the Board's public
 reference room, located in the Public Inquiries Section, Room 805F, 800
 Independence Avenue, SW., Washington, DC, telephone (202) 382-6735. A self-
 service duplicator in the reference room is available for use by the public
 at a nominal cost. Usually, two weeks' time is required to service a request
 for reproduction. Filling any request for reproduction of a file that must be
 retrieved from the Federal Records Center will require two additional weeks.
   (1) Availability of accident files. All transportation mode accident files
 are retained in accordance with the following schedule:
   a. Air carrier accident files and all public hearing files are retained for
 a period of fifteen (15) years and then destroyed.
   b. All other transportation accident files are retained for a period of
 seven (7) years and then destroyed.
   (2) Reproduction of accident files. Reproduction of accident files
 (statements, photographs, hearing transcripts, and other material contained
 in the Board's accident investigation files) is provided by commercial
 contractor. Reproduction of printed matter and photographs are made from the
 best copy available. Requests must be forwarded to the Public Inquiries
 Section, National Transportation Safety Board, Washington, DC 20594. The
 contractor may bill and/or require full payment before duplicating the
 requested documents. Fees are subject to change depending upon the terms of
 the Board's annual contract.
   Current fees are:

 a. Microfiche Duplicate, $1.65
 b. Microfiche Blowback, .11
 c. Aperture Card Blowback, 1.40
 d. Photographs (from aperture card):
   8''x10'' B&W Glossy Print, 1.65
   8''x10'' Color Prints, 2.75
   5''x7'' Color Prints, 2.47
   3 1/2 ''x5'' Color Prints, 2.47
 e. Hardcopy Reproduction:
   8 1/2 ''x11'' .14
   8 1/2 ''x14'' .10
   10''x14'' .05
   Oversized Pages (Larger than 10''x14''), .03/sq. in.
 f. Photographs (from prints):
   8''x10'' B&W Glossy Prints, 1.65
   8''x10'' Color Prints, 2.75
   5''x7'' Color Prints, 2.47
   3 1/2 ''x5'' Color Prints, 2.47
   2''x2'' Color Slides, 2.47
 g. Minimum Order Complete File, 1.00
 h. Preliminary Report (only), 1.35
 i. Probable Cause (only), 1.35

   C. Request for other Board information. Requests for any other Board
 information such as files on safety recommendations, safety studies, Board
 orders, Board opinions and orders, and initial decisions are available at a
 cost of 14 cents per page(s) ($1.00 minimum charge). These services are
 provided by a public contractor who may pre-bill or require full payment
 before duplicating the requested documents. Requests must be forwarded to the
 Public Inquiries Section, National Transportation Safety Board, Washington,
 DC 20594.
   D. Reproduction services through the commercial contractor are handled as
 follows:
   Step 1: Requestor places written or telephone order with the Board's Public
 Inquiries Section for desired documents.
   Step 2: The Public Inquiries Section identifies the documents and forwards
 the request to the contractor.
   Step 3: The contractor provides the requestor with an invoice showing the
 actual costs for the service requested plus postage.
   Step 4: Requestor returns a copy of the contractor's invoice with full
 payment enclosed. Requestor has the option of opening a charge account with
 the contractor, and contractor will accept major credit cards. (Contractor
 must respond to request within five working days after receipt of payment.)
   Step 5: Contractor reproduces documents and mails them directly to the
 requestor.
   E. Expedited service. A $2.25 surcharge will be made for expedited service
 which will be provided within 2 working days commencing when the contractor
 receives advance payment or other arrangements have been made with the
 contractor.
   F. A fee of $4.00 will be charged for certification of documents under the
 Board's seal.
   G. Computer tapes and services for aviation accidents. The duplication of
 computer tapes (or a portion thereof) will be made on requestor supplied
 magnetic tape for a fee of $40.00. The requestor must provide a 2,400-foot
 magnetic tape certified to at least 1,600 bits per inch. Computer tape
 requests should be addressed to the Public Inquiries Section, National
 Transportation Safety Board, Washington, DC 20594.
   H. The basic fees set forth provide for ordinary first-class postage
 prepaid. If registered, certified, air, or special delivery mail is
 requested, postal fees therefor will be added to the basic fee. Also, if
 special handling or packaging is required, the cost will be added to the
 basic fee.
   2. Services available free of charge.
   A. The following documents are available without commercial reproduction
 cost until limited supplies are exhausted:

 (1) Press releases,
 (2) Safety Board regulations (Chapter VIII of Title 49, Code of Federal
     Regulations),
 (3) Indexes to initial decisions, Board orders, opinion and orders, and staff
     manuals and instructions,
 (4) Safety recommendations, and
 (5) NTSB Annual Report.

   B. NTSB News Digest. The News Digest describes NTSB activities and
 summarizes certain publications. The News Digest is free, and anyone who is
 interested in being added to this mailing list should contact the Public
 Inquiries Section, National Transportation Safety Board, Washington, DC
 20594.
   3. Documents search fee--The Board has determined that it is in the public
 interest to eliminate fees for the first hour of search time. For all time
 expended in locating documents beyond the initial hour, the fee is $5.00 per
 hour.
   4. Publication, reproduction, and search fees are waived for qualifying
 foreign countries, international organizations, nonprofit public safety
 entities, State and Federal transportation agencies, and colleges and
 universities, after approval by the Director, Bureau of Administration. In
 addition, fees may be waived or reduced for other requestors not in any of
 the foregoing categories, when it is determined by the Director, Bureau of
 Administration that a waiver is appropriate and would contribute to the
 Board's programs.

 (5 U.S.C. 552, 31 U.S.C. 483a, and 49 U.S.C. 1901 et seq.)

 [49 FR 4496, Feb. 7, 1984]