8 845.51 Investigation to remain open.

Accident investigations are never of. ficially 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.

findings shall set forth in detail the grounds relied upon.

(b) If a request for reconsideration or modification is filed by a party to a hearing, designated under $ 845.13, copies of such request and any supporting documentation shall be served on all other parties similarly designated.

(c) Oral presentation before the Board normally will not be held in proceedings under this part. However, the Board may permit oral presentation where a party or person makes an affirmative showing that the written request for reconsideration or modification is insufficient as a means of presenting that 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. (44 FR 34421, June 14, 1979; 44 FR 39181, July 5, 1979, as amended at 46 FR 3532, Jan. 15, 1981)

PART 850—COAST GUARD-NA

TIONAL TRANSPORTATION SAFETY BOARD MARINE CASUALTY INVESTIGATIONS

Subpart D-Public Record

Sec. 850.1 Purpose and applicability. 850.3 Relationship to Coast Guard marine

investigation regulations and proce

dures. 850.5 Definitions. 850.10 Preliminary investigation by the

Coast Guard. 850.15 Marine casualty investigation by

the Board. 850.20 Cause or probable cause determina

tions from Board investigation. 850.25 Coast Guard marine casualty inves

tigation for the Board. 850.30 Procedures for Coast Guard investi

gation. 850.35 Records of the Coast Guard and the

Board. AUTHORITY: Sec. 304(a)(1)(E) of the Independent Safety Board Act of 1974 (Pub. L. 93-633, 88 Stat. 2168, (49 U.S.C. 1903)).

SOURCE: 42 FR 61204, Dec. 1, 1977, unless otherwise noted.

8 845.50 Public docket.

(a) The public docket shall include all factual information concerning the accident. Recommendations submitted pursuant to § 845.27 by interested persons, and requests for reconsideration and modification submitted pursuant to $ 845.41 and the Board's rulings thereon, 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, D.C. 20594.

8 850.1 Purpose and applicability.

This part prescribes the joint regulations of the National Transportation Safety Board and the Coast Guard for the investigation of

(a) A major marine casualty, as defined under $ 850.5(e), that occurs on the navigable waters (internal waters or territorial sea) of the United States or that involves a vessel of the United States, except one involving only public vessels; and

(b) A casualty involving public and nonpublic vessels.

8 850.3 Relationship to Coast Guard

marine investigation regulations and

procedures. (a) The Coast Guard's responsibility to investigate marine casualties is not eliminated nor diminished by the regulations in this part.

(b) In those instances where the Board conducts an investigation in which the Coast Guard also has responsibility under R.S. 4450 (46 U.S.C. 239), the proceedings are conducted independently, but so as to avoid duplication as much as possible.

(b) The Commandant determines from the preliminary investigation whether

(1) The casualty is a major marine casualty; or

(2) The casualty involves public and nonpublic vessels.

(c) The Commandant notifies the Board of a casualty described in paragraph (b) of this section.

8 850.15 Marine casualty investigation by

the Board. The Board may conduct an investigation under the Act of any major marine casualty or any casualty involving public and nonpublic vessels under the Board's rules of practice for surface transportation accident hearings in 49 CFR Part 845.

8 850.20 Cause or probable cause determi

nations from Board investigation. After an investigation conducted by the Board under $ 850.15, the Board determines cause or probable cause and issues a report of that determination.

8 850.5 Definitions.

As used in this part:

(a) “Act” means Title III of Pub. L. 93-633, the Independent Safety Board Act of 1974 (49 U.S.C. 1901, et seq.).

(b) “Board” means the National Transportation Safety Board.

(c) “Chairman” means the Chairman of the National Transportation Safety Board.

(d) “Commandant” means the Commandant of the Coast Guard.

(e) “Major marine casualty” means a casualty involving a vessel, other than a public vessel, that results in

(1) The loss of six or more lives;

(2) The loss of a mechanically propelled vessel of 100 or more gross tons;

(3) Property damage initially estimated as $500,000 or more; or

(4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials.

(f) “Public vessel” means a vessel owned by the United States, except a vessel to which the Act of October 25, 1919, c. 82 (41 Stat. 305, 46 U.S.C. 363) applies.

(g) “Vessel of the United States” means a vessel

(1) Documented, or required to be documented, under the laws of the United States;

(2) Owned in the United States; or

(3) Owned by a citizen or resident of the United States and not registered under a foreign flag.

8 850.25 Coast Guard marine casualty in

vestigation for the Board. (a) If the Board does not conduct an investigation under $ 850.15, the Coast Guard, at the request of the Board, may conduct an investigation under the Act unless there is an allegation of Federal Government misfeasance or nonfeasance.

(b) The Board requests the Coast Guard to conduct an investigation under paragraph (a) of this section within 48 hours of receiving notice under $ 850.10(c).

(c) The Coast Guard advises the Board within 24 hours of receipt of a request under paragraph (b) of this section whether the Coast Guard will conduct an investigation under the Act.

8 850.10 Preliminary investigation by the

Coast Guard. (a) The Coast Guard conducts the preliminary investigation of marine casualties.

8 850.30 Procedures for Coast Guard in

vestigation. (a) The Coast Guard conducts an investigation under $ 850.25 using the procedures in 46 CFR 4.01-1 through 4.23-1.

(b) The Board may designate a person or persons to participate in every phase of an investigation, including on-scene investigation, that is conducted under the provisions of $ 850.25.

(c) Consistent with Coast Guard responsibility to direct the course of the investigation, the person or persons designated by the Board under paragraph (b) of this section may:

(1) Make recommendations about the scope of the investigation.

(2) Call and examine witnesses.

(3) Submit or request additional evidence.

(d) The Commandant provides a record of the proceedings to the Board of an investigation of a major marine casualty under paragraph (a) of this section.

(e) The Board, under the Act, makes its determination of the facts, conditions, and circumstances, and the

cause or probable cause of a major marine casualty, using the record of the proceedings provided by the Commandant under paragraph (d) of this section and any additional evidence the Board may acquire under its own authority.

(f) An investigation by the Coast Guard under this section is both an investigation under the Act and under R.S. 4450 (46 U.S.C. 239).

8 850.35 Records of the Coast Guard and

the Board. (a) Records of the Coast Guard made under $ 850.30 are available to the public under 49 CFR Part 7.

(b) Records of the Board made under $$ 850.20 and 850.30 are available to the public under 49 CFR Part 801.

PART 901-ORGANIZATION, RULE

MAKING, AND PUBLIC INFORMATION

Sec. 901.1 Purpose. 901.2 Status and organization of the Asso

ciation. 901.3 Rulemaking procedures. 901.4 Public availability of information.

AUTHORITY: Regional Rail Reorganization Act of 1973 (Pub. L. 93.236, 87 Stat. 985; Pub. L. 93-502, 88 Stat. 1561).

SOURCE: 40 FR 8100, Feb. 25, 1975, unless otherwise noted.

8 901.1 Purpose.

This part describes the organization of the Association, and its procedures for providing public access to information.

8 901.2 Status and organization of the As.

sociation. (a) The U.S. Railway Association is an incorporated non-profit association established by the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236; 87 Stat. 985; 45 U.S.C. 701, et seq.). To the extent not inconsistent with that Act, it is subject to the District of Columbia Non-profit Corporation Act (D.C. Code 29-10001, et seq.) and its status is that of a government corporation of the District of Columbia.

(b) The Association is organized as follows:

(1) The Board of Directors directs and manages the affairs of the Association.

(2) The Chairman presides over the Board of Directors, and is the chief executive officer; he is assisted by the Vice President, Secretary, who performs corporate secretary functions and provides direct staff support to the Chairman, and by the Vice President for Congressional Affairs, who is responsible for Federal legislative matters.

(3) The President is the chief operating officer.

(4) The General Counsel is the chief legal officer.

(5) The Vice President for Administration is the principal officer for personnel, procurement, administration and support services, budget, account

ing and audit, and management systems.

(6) The Vice President for Review and Evaluation is the principal officer for liaison with officials of bankrupt railroads, for evaluating the practical implications of the Association's system plans and its loan and assistance programs and for assessing the condition of the railroads in the northeast/midwest region.

(7) The Vice President for Public and Governmental Affairs is the principal officer for communications with the general public, the news media, Federal, State and local governmental agencies, and other interested groups.

(8) The Vice President for Financial Planning is the principal officer for financial issues, such as valuation of the assets and securities of the reorganized railroads; projection of their revenues, costs and profits; assessment of their financial needs and possible sources of financing; and consideration of loan and financial assistance applications.

(9) The Vice President for Operations and Facilities Planning is the principal officer for development of the systems plans for restructuring the rail system of the northeast/midwest regions, including the collection and development of needed data; development of appropriate route options, operating and revenue alternatives, and capital needs; and assessment of the planned systems' impact on communities, competition, service, freight and

passenger operations, energy consumption and the environment.

(10) The Vice President for Manpower Planning is the principal officer for consideration of manpower issues, such as the planned systems' manpower requirements and how to reach appropriate levels; and manpower policies, methods and criteria for the planned system and for determining protected employees' benefits.

& 901.3 Rulemaking procedures.

(a) The Association is not subject to the rule-making procedural requirements of section 553 of title 5, U.S.C. The Association will, nevertheless, as it considers appropriate, publish no