PART 845--RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/INCIDENT HEARINGS AND
REPORTS
Sec.
845.1 Applicability.
845.2 Nature of hearing.
845.3 Sessions open to the public.
Subpart A--Initial Procedure
845.10 Determination to hold hearing.
845.11 Board of inquiry.
845.12 Notice of hearing.
845.13 Designation of parties.
Subpart B--Conduct of Hearing
845.20 Powers of chairman of board of inquiry.
845.21 Hearing officer.
845.22 Technical panel.
845.23 Prehearing conference.
845.24 Right of representation.
845.25 Examination of witnesses.
845.26 Evidence.
845.27 Proposed findings.
845.28 Stenographic transcript.
845.29 Payment of witnesses.
Subpart C--Board Reports
845.40 Accident report.
845.41 Petitions for reconsideration or modification.
Subpart D--Public Record
845.50 Public docket.
845.51 Investigation to remain open.
Authority: Title VII, Federal Aviation Act of 1958, as amended (49 U.S.C.
1441 et seq.); and the Independent Safety Board Act of 1974, Pub. L. 93-633,
88 Stat. 2166 (49 U.S.C. 1901 et seq.).
Source: 44 FR 34419, June 14, 1979, unless otherwise noted.
Sec. 845.1 Applicability.
Unless otherwise specifically ordered by the National Transportation Safety
Board (Board), the provisions of this part shall govern all transportation
accident investigation hearings conducted under the authority of section
304(b) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(b)) and
accident reports issued by the Board.
Sec. 845.2 Nature of hearing.
Transportation accident hearings are convened to assist the Board in
determining cause or probable cause of an accident, in reporting the facts,
conditions, and circumstances of the accident, and in ascertaining measures
which will tend to prevent accidents and promote transportation safety. Such
hearings are factfinding proceedings with no formal issues and no adverse
parties and are not subject to the provisions of the Administrative Procedure
Act (Pub. L. 89-554, 80 Stat. 384 (5 U.S.C. 554)).
[44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979]
Sec. 845.3 Sessions open to the public.
(a) All hearings shall normally be open to the public (subject to the
provision that any person present shall not be allowed at any time to
interfere with the proper and orderly functioning of the board of inquiry).
(b) Sessions shall not be open to the public when evidence of a classified
nature or which affects national security is to be received.
Subpart A--Initial Procedure
Sec. 845.10 Determination to hold hearing.
The Board may order a public hearing as part of an accident investigation
whenever such hearing is deemed necessary in the public interest: Provided,
that if a quorum of the Board is not immediately available in the event of a
catastrophic accident, the determination to hold a public hearing may be made
by the Chairman of the Board.
Sec. 845.11 Board of inquiry.
The board of inquiry shall consist of a Member of the Board who shall be
chairman of the board of inquiry, and such other employees as may be
designated by the chairman of the board of inquiry. Assignment of a Member to
serve as the chairman of each board of inquiry shall be determined by the
Board. The board of inquiry shall examine witnesses and secure, in the form
of a public record, all known facts pertaining to the accident or incident
and surrounding circumstances and conditions from which cause or probable
cause may be determined and recommendations for corrective action may be
formulated.
[49 FR 32853, Aug. 17, 1984]
Sec. 845.12 Notice of hearing.
The chairman of the board of inquiry shall designate a time and place for
the hearing which meets the needs of the Board. Notice to all known
interested persons shall be given.
Sec. 845.13 Designation of parties.
(a) The chairman of the board of inquiry shall designate as parties to the
hearing those persons, agencies, companies, and associations whose
participation in the hearing is deemed necessary in the public interest and
whose special knowledge will contribute to the development of pertinent
evidence. Parties shall be represented by suitable qualified technical
employees or members who do not occupy legal positions.
(b) No party shall be represented by any person who also represents
claimants or insurers. Failure to comply with this provision shall result in
loss of status as a party.
[44 FR 34419, June 14, 1979, as amended at 51 FR 7278, Mar. 3, 1986]
Subpart B--Conduct of Hearing
Sec. 845.20 Powers of chairman of board of inquiry.
The chairman of the board of inquiry, or his designee, shall have the
following powers:
(a) To designate parties to the hearing and revoke such designations;
(b) To open, continue, or adjourn the hearing;
(c) To determine the admissibility of and to receive evidence and to
regulate the course of the hearing;
(d) To dispose of procedural requests or similar matters; and
(e) To take any other action necessary or incident to the orderly conduct
of the hearing.
[44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979]
Sec. 845.21 Hearing officer.
The hearing officer, upon designation by the Chairman of the Board, shall
have the following powers:
(a) To give notice concerning the time and place of hearing;
(b) To administer oaths and affirmations to witnesses; and
(c) To issue subpenas requiring the attendance and testimony of witnesses
and production of documents.
Sec. 845.22 Technical panel.
The Director, Bureau of Accident Investigation, or the Director, Bureau of
Field Operations, shall designate members of the Board's technical staff to
participate in the hearing and initially develop the testimony of witnesses.
[49 FR 32853, Aug. 17, 1984]
Sec. 845.23 Prehearing conference.
(a) Except as provided in paragraph (d) of this section for expedited
hearings, the chairman of the board of inquiry shall hold a prehearing
conference with the parties to the hearing at a convenient time and place
prior to the hearing. At such prehearing conference, the parties shall be
advised of the witnesses to be called at the hearing, the areas in which they
will be examined, and the exhibits which will be offered in evidence.
(b) Parties shall submit at the prehearing conference copies of any
additional documentary exhibits they desire to offer. (Copies of all exhibits
proposed for admission by the board of inquiry and the parties shall be
furnished to the board of inquiry and to all parties, insofar as available at
that time.)
(c) A party who, at the time of the prehearing conference, fails to advise
the chairman of the board of inquiry of additional exhibits he intends to
submit, or additional witnesses he desires to examine, shall be precluded
from introducing such evidence unless the chairman of the board of inquiry
determines for good cause shown that such evidence should be admitted.
(d) Expedited hearings. When time permits, the chairman of the board of
inquiry may hold a prehearing conference. In the event that an expedited
hearing is held, the requirements in paragraphs (b) and (c) of this section
concerning the identification of witnesses, exhibits or other evidence may be
waived by the chairman of the board of inquiry.
Sec. 845.24 Right of representation.
Any person who appears to testify at a public hearing shall be accorded the
right to be accompanied, represented, or advised by counsel or by any other
duly qualified representative.
Sec. 845.25 Examination of witnesses.
(a) Witnesses shall be initially examined by the board of inquiry or its
technical panel. Following such examination, parties to the hearing shall be
given the opportunity to examine such witnesses.
(b) Materiality, relevancy, and competency of witness testimony, exhibits,
or physical evidence shall not be the subject of objections in the legal
sense by a party to the hearing or any other person. Such matters shall be
controlled by rulings of the chairman of the board of inquiry on his own
motion. If the examination of a witness by a party is interrupted by a ruling
of the chairman of the board of inquiry, opportunity shall be given to show
materiality, relevancy, or competency of the testimony or evidence sought to
be elicited from the witness.
Sec. 845.26 Evidence.
The chairman of the board of inquiry shall receive all testimony and
evidence which may be of aid in determining the cause of accident. He may
exclude any testimony or exhibits which are not pertinent to the
investigation or are merely cumulative.
Sec. 845.27 Proposed findings.
Any party may submit proposed findings to be drawn from the testimony and
exhibits, a proposed probable cause, and proposed safety recommendations
designed to prevent future accidents. The proposals shall be submitted within
the time specified by the presiding officer at the close of the hearing, and
shall be made a part of the public docket. Parties to the hearing shall serve
copies of their proposals on all other parties to the hearing.
[48 FR 52740, Nov. 22, 1983]
Sec. 845.28 Stenographic transcript.
A verbatim report of the hearing shall be taken. Copies of the transcript
may be obtained by any interested person from the Board or from the court
reporting firm preparing the transcript upon payment of the fees fixed
therefor. (See Part 801, Appendix--Fee Schedule.)
Sec. 845.29 Payment of witnesses.
Any witness subpenaed to attend the hearing under this part shall be paid
such fees for his travel and attendance as shall be certified by the hearing
officer.
Subpart C--Board Reports
Sec. 845.40 Accident report.
(a) The Board will issue a detailed narrative accident report in connection
with the investigation into those accidents which the Board determines to
warrant such a report. The report will set forth the facts, conditions and
circumstances relating to the accident and the probable cause thereof, along
with any appropriate recommendations formulated on the basis of the
investigation.
(b) The probable cause and facts, conditions, and circumstances of all
other accidents will be reported in a manner and form prescribed by the
Board.
Sec. 845.41 Petitions for reconsideration or modification.
(a) Petitions for reconsideration or modification of the Board's findings
and determination of probable cause filed by a party to an investigation or
hearing or other person having a direct interest in the accident
investigation will be entertained only if based on the discovery of new
evidence or on a showing that the Board's findings are erroneous. The
petitions shall be in writing. Petitions which are repetitious of proposed
findings submitted pursuant to Sec. 845.27, or of positions previously
advanced, and petitions filed by a party to the hearing who failed to submit
proposed findings pursuant to Sec. 845.27 will not be entertained. Petitions
based on the discovery of new matter shall: identify the new matter; contain
affidavits of prospective witnesses, authenticated documents, or both, or an
explanation of why such substantiation is unavailable; and state why the new
matter was not available prior to Board's adoption of its findings. Petitions
based on a claim of erroneous findings shall set forth in detail the grounds
relied upon.
(b) When a petition for reconsideration or modification is filed with the
Board, copies of the petition and any supporting documentation shall be
served on all other parties to the investigation or hearing and proof of
service shall be attached to the petition. The other parties may file
comments no later than 90 days after service of the petition.
(c) Oral presentation before the Board normally will not form a part of
proceedings under this part. However, the Board may permit oral presentation
where a party or interested person makes an affirmative showing that the
written petition for reconsideration or modification is an insufficient means
to present the party's or person's position to the Board. Where oral
presentation is allowed, the Board will specify the issues to be addressed
and all parties to the investigation or hearing will be given notice and the
opportunity to participate.
[48 FR 52740, Nov. 22, 1983]
Subpart D--Public Record
Sec. 845.50 Public docket.
(a) The public docket shall include all factual information concerning the
accident. Proposed findings submitted pursuant to Sec. 831.12 or Sec. 845.27
and petitions for reconsideration and modification submitted pursuant to Sec.
845.41, comments thereon by other parties, and the Board's rulings, shall
also be placed in the public docket.
(b) The docket shall be established as soon as practicable following the
accident, and material shall be added thereto as it becomes available. Where
a hearing is held, the exhibits will be introduced into the record at the
hearing.
(c) A copy of the docket shall be made available to any person for review
at the Washington office of the Board. Copies of the material in the docket
may be obtained, upon payment of the cost of reproduction, from the Public
Inquiries Section, Bureau of Administration, National Transportation Safety
Board, Washington, DC 20594.
[44 FR 34419, June 14, 1979, as amended at 48 FR 52740, Nov. 22, 1983]
Sec. 845.51 Investigation to remain open.
Accident investigations are never officially closed but are kept open for
the submission of new and pertinent evidence by any interested person. If the
Board finds that such evidence is relevant and probative, it shall be made a
part of the docket and, where appropriate, parties will be given an
opportunity to examine such evidence and to comment thereon.
