This part, together with Part 401 of this chapter, describes generally the organization, functions, and operation of the National Transportation Safety Board and the places at which, the employees from whom, and the methods whereby the public may obtain information, make submittals or requests or obtain decisions. More detailed information is available in Part 401 of this chapter and from other sources listed herein with respect to obtaining records and information.

§ 400.2 Organization.

The National Transportation Safety Board consists of five Board Members, one of whom is designated Chairman by the President, who exercise the functions, powers, and duties transferred to the Board under the Department of Transportation Act (80 Stat. 931). The Board is within the Department of Transportation; however, in the exercise of its statutory responsibilities it is independent of the Secretary of Transportation and other offices and officers of the Department. A detailed description of the Board and its components is published in the NTSB Manual, which is available for inspection and copying in the public reference room at the Board's offices. The various delegations of authority from the Board to the staff units are set forth in Subpart B of this part. The Board's staff is comprised of the following principal units:

(a) The Office of the Executive 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 day-to-day operation of the Board; and recommends and develops plans to achieve the Board's program objectives. Within the Office of the Executive Director are the activities which deal with general management, personnel, fiscal and budgetary matters; administrative support services; receipt, maintenance,

and service of docket material; recording, indexing, and processing of formal Board actions; and authenticating Board records for any official purposes.

(b) The Office of Public Affairs, which is responsible for supplying the public, the news media, and the transportation industry with current, accurate information concerning the work, programs, and objectives of the Board.

(c) The Office of the General Counsel, which is responsible for providing legal advice and assistance to the Board and its staff offices and bureaus, including advice to the Board on legal aspects of policy matters, preparation of Board rules, opinions, and orders, and advising all offices and bureaus on matters of legal significance; and is responsible for representing the Board in court actions to which the Board is a party or in which the Board is interested.

(d) The Office of Hearing Examiners, which is responsible for the conduct of all formal proceedings arising under Title VI of the Federal Aviation Act of 1958, including disciplinary proceedings involving suspension or revocation of airman certificates and appeals from action of the Administrator, Federal Aviation Administration, in refusing to issue airman certificates.

(e) The Bureau of Aviation Safety, which is responsible for the aviation safety activities of the Board including the investigation and analysis of aircraft accidents involving civil aircraft which occur within the United States and U.S. civil aircraft occurrences in international waters and recommending to the Board the probable cause of such accidents; the investigation or participation in the investigation of accidents involving U.S. registered aircraft and U.S. manufactured aircraft, when appropriate, occurring in foreign countries; the conducting of special studies and investigations on matters pertaining to safety in air navigation and the prevention of accidents; the recording of statistics and the preparation of reports on aircraft accidents; the development of regulations and procedures governing notification, investigation, and reporting of aircraft accidents; the formulation of recommendations which will tend to prevent aircraft accidents in the future; the making of appropriate recommendations to the Board regarding international aviation activities in the air safety area and in interdepartmental air safety activties; and the

operation of the National Aircraft Accident Investigation School.

(f) The Bureau of Surface Transportation Safety, which is responsible for marine, railroad, highway, and pipeline activities of the Board, including accident investigations; recommends to the Board determinations of cause or probable cause; conducts special studies; reviews accident investigation procedures in the Department, and makes recommendations to prevent transportation accidents and to promote transportation safety; is responsible for the conduct of analytical research, accident analysis and prevention studies, and monitoring departmental activities and reports in these areas; and, is responsible for the establishment of procedures for departmental notification to the Board of major accidents.

§ 400.3 Functions.

(a) The primary function of the Board is to promote safety in transportation. The Board is responsible for determining the cause or probable cause of transportation accidents and reporting the facts, conditions, and circumstances relating to such accidents; and reviewing on appeal the suspension, amendment, modification, revocation, or denial of any certificate or license issued by the Secretary or an Administrator in the Department. The Board makes recommendations to the Secretary and Administrators in the Department of Transportation and other organizations, which, in its opinion, will tend to prevent transportation accidents and promote transportation safety, and makes recommendations concerning rules, regulations, and procedures for the conduct of accident investigations.

(b) The Board investigates accidents involving civil aircraft and makes reports on the facts, circumstances, and probable causes thereof; it makes such recommendations to the Secretary or his Administrators as will tend to prevent similar accidents in the future; makes such reports public as may be deemed by it to be in the public interest; and conducts special studies and investigations of aeronautical hazards to reduce aircraft accidents and prevent their recurrence. The Board also initiates on its own motion or conducts rail, highway, or pipeline accident investigations as it deems necessary or appropriate, requests the Secretary or the Administrators to initiate specific accident investi

gations or conduct further investigations as the Board determines to be necessary or appropriate, and arranges for the personal participation of Members or other personnel of the Board in accident investigations conducted by the Secretary or Administrators in such cases as it deems appropriate. In addition, it conducts special studies on matters pertaining to safety in transportation and the prevention of accidents.

(c) Upon the request of aggrieved parties, the Board reviews in quasi-judicial proceedings, conducted pursuant to the Administrative Procedure Act, denials by the Administrator of the Federal Aviation Administration of applications for airman certificates and orders of the Administrator modifying, amending, suspending, or revoking any air safety certificates. The Board also reviews, upon requests, decisions of the Commandant, U.S. Coast Guard, on appeals from orders of the hearing examiners revoking licenses, certificates, documents, or registers in proceedings under R.S. 4450, as amended (46 U.S.C. 239); Act of July 15, 1954 (46 U.S.C. 239a-b); or section 4, Great Lakes Pilotage Act (46 U.S.C. 216b).

(d) The Board, as provided in Part 401 of this chapter, issues reports, orders, decisions, rules, and regulations pursuant to its duties with regard to determining the cause or probable cause of transportation accidents and reporting the facts, conditions, and circumstances relating to such accidents, and reviewing on appeal the suspension, amendment, modification, revocation, or denial of any certificate or license issued by the Secretary or an Administrator. The Board also makes public recommendations to the Secretary or an Administrator, special studies conducted, and actions of the Board requesting the Secretary or an Administrator to take action.

(Sec. 5, 80 Stat. 935, 936, 49 U.S.C. 1654) [OR-2, 32 F.R. 12839, Sept. 8, 1967, as amended by Amdt. 2, 33 F.R. 12641, Sept. 6, 1968] § 400.4 Operation.

In exercising its functions, duties, and responsibilities, the Board utilizes:

(a) The Board's staff, consisting of specialized bureaus dealing with particular areas of transportation safety and offices performing administrative and technical work for the Board, which advises the Board, and performs duties for the Board inherent in their position in the organizational structure or which

the Board has delegated to them. The staff is described more fully in § 400.2.

(b) Rules published in the FEDERAL REGISTER and codified in this Title 14 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. The published rules include:

(1) Regulations which govern the formal methods whereby persons dealing with the Board can present information to the Board to enable the Board to make the decisions for which it is responsible under sections 602 and 609 of the Federal Aviation Act of 1958 (49 U.S.C. 1422 and 1429).

(2) Regulations which govern the reporting and investigation of aircraft accidents, including public hearings held in the course of such investigations.

(3) Organization Regulations, including Subpart B of this part, delegating matters to the Board's staff, and Part 401 of this chapter describing how the public may deal with the Board in obtaining information.

(a) All formal submissions required or permitted to be made in air safety proceedings should be addressed to the Office of the Executive Director, National Transportation Safety Board, 1825 Connecticut Avenue NW., Washington, D.C. 20591, unless specifically provided otherwise in the provision requiring or permitting such submission. Requirements as to the form and content of such submissions are set forth in the Board's Procedural Regulations.

(b) Other instructions concerning the use of forms, and the scope or content of material required or permitted to be filed or maintained are set forth in the Board's other Procedural Regulations

The Board publishes in Part 401 of this chapter of its Organization Regulations information concerning the availability for inspection and copying of Board orders, opinions, and records. That regulation states in detail what information is available at the Board, and when records may be inspected, and discusses the use of the Board's public reference room. Generally speaking:

(a) The Board maintains a public reference room in which are kept copies of Board opinions (including concurring and dissenting opinions), orders, regulations, rules of practice, the public index to Board materials, the NTSB Manual, and copying facilities. The records of the proceedings in formal cases are kept in the Board's docket unit.

(b) The Procedural Regulations of the Board are published in this Title 14 of the Code of Federal Regulations. They may also be inspected and copied in the Board's public reference room, or purchased from the Superintendent of Documents, Government Printing Office.

(c) The NTSB Manual is a book of rules and instructions to the Board's staff on how to deal with various matters involving the Board's business with the public. It also contains a detailed description of the Board's organization and the responsibilities of each staff component. That portion of the NTSB Manual which affects a member of the public is appropriately identified and

may be inspected and copied in the Board's public reference room.

(d) The Office of the Executive Director periodically prepares a list of Board documents and publications which have been duplicated and are available to the public. Items offered for sale are available from the Superintendent of Documents, Government Printing Office, or other indicated sources on payment of a charge therefor. A list of available publications and free single copy items is available from the Office of the Executive Director upon request. Accident reports and certain other publications are available to persons submitting written request therefor and payment of any prescribed fees to the Office of the Executive Director.

(e) A list of forms (described and identified by number) which the Board uses in dealing with the public is available in the Board's public reference room. Both the list of forms, which is subject to change and is therefore not published herein, and the forms themselves are available from the Board's Executive Director.

(f) Various other materials and records are available at specific offices within the Board as specified in Part 401 of this chapter.

Subpart B-Delegation of Authority to Staff Members

The purpose of this Subpart B is to publish all delegations of authority to staff members not appearing in the Board's Procedural and other Organization Regulations.

§ 400.22 Delegation to the Executive Director.

The Board hereby delegates to the Executive Director the authority to: (a) Determine appeals by the public from staff action withholding a Board record from inspection or copying, pursuant to Part 401 of this chapter, and (b) settle claims for money damages of $2,500 or less against the United States arising under the Federal Torts Claims Act because of acts or omissions of Board employees.

§ 400.23 Delegation to the Hearing Examiners, Office of Hearing Examiners.

The Board has delegated to the Hearing Examiners the authority generally

detailed in Procedural Regulation, Part 421 of this title.

§ 400.24 Delegation to the General Counsel.

The Board hereby delegates to the General Counsel the authority to:

(a) In accordance with the provisions of Procedural Regulation, Part 311, of this title, approve, disapprove, or request further information concerning requests for testimony of Board employees with respect to their participation in the investigation of aircraft accidents, and upon receipt of notice that an employee has been subpoenaed, to make arrangements with the court to have the employee excused from testifying or give the employee permission to testify.

(b) In safety enforcement proceedings: Approve or disapprove 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 § 421.46 of this title of the Procedural Regulations, raise on appeal any issue, the resolution of which he deems important to the proper disposition of proceedings under § 421.47 of this title of the Procedural Regulations.

(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 airman certificates, or to 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 examiners pursuant to the request of the appellant.

(h) Correct Board orders by eliminating typographical, grammatical, and similar errors, and to make editorial changes therein not involving matters of substance.

(Sec. 5, 80 Stat. 935, 936, 49 U.S.C. 1654) [OR-2, 32 F.R. 12839, Sept. 8, 1967, as amended by Amdt. 2, 33 F.R. 12641, Sept. 6, 1968]