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volved in an accident or incident as defined in this part shall retain all records and reports, including all internal documents and memoranda dealing with the accident or incident, until authorized by the Board to the contrary. (SIR-7, 31 F.R. 6585, May 3, 1966, as amended at 34 F.R. 15750, Oct. 1969) § 430.11 Access to and release of air.

craft wreckage, records, mail and

cargo. (a) Access to aircraft wreckage, records, mail and cargo. Only the Board's accident investigation personnel and the persons authorized by the Investigatorin-Charge or the Director, Bureau of Aviation Safety, to participate in any particular investigation, examination or testing shall be permitted access to aircraft wreckage, records, mail or cargo which is in the Board's custody.

(b) Release of aircraft wreckage, records, mail and cargo. Aircraft wreckage, records, mail and cargo in the Board's custody shall be released by an authorized representative of the Board ® when it is determined that the Board has no further need of such wreckage, mail, cargo or records. Subpart D-Reporting of Aircraft Ac

cidents, Incidents, and Overdue

Aircraft § 430.15 Reports and statements to be

filed. (a) Reports. The operator of an aircraft shall file a report as provided in paragraph (c) of this section on National Transportation Safety Board Form 6120.1 6120.2, which forms attached hereto and incorporated herein as part of this section.

(1) Within ten (10) days after an accident for which notification is required by § 430.5(a) or when after seven (7) days, an overdue aircraft is still missing.

(2) A report on an incident for which notification is required by $ 430.5(a)

shall be filed only as requested by an authorized representative of the National Transportation Safety Board.

(b) Crew member statement. Each crew member, if physically able at the time the report is submitted, shall attach thereto a statement setting forth the facts, conditior and circumstances relating to the accident or incident as they appear to him to the best of his knowledge and belief. If the crew member is incapacitated, he shall submit the statement as soon as he is physically able.

(c) Where to file the reports. The operator of an aircraft shall file with the Field Office of the National Transportation Safety Board nearest the accident or incident any report required by this section. (SIR-7, 32 F.R. 6585, May 3, 1966, as amended at 32 F.R. 20771, Dec. 23, 1967; 34 F.R. 15749, Oct. 11, 1969) Subpart - Investigations and

Special Studies & 430.20 Authority of Board represent

atives. Upon demand of an authorized representative of the Board and presentation of credentials issued to such representative, any air carrier, airman, or person engaged in air commerce or in any phase of aeronautics, and any other person having possession or control of any aircraft, aircraft engine, propeller, appliance, air navigation facility, equipment, or any pertinent records and memoranda, including all documents, papers, and correspondence now or hereafter existing and kept or required to be kept, shall forthwith permit inspection, photographing, or copying thereof by such authorized representative for the purpose of investigating an aircraft accident, incident or overdue aircraft, or any special study or investigation pertaining to safety in air navigation or the prevention of accidents. Authorized representatives of the Board may interrogate any person having knowledge relevant to an aircraft accident, incident, overdue aircraft, study, or investigation. (SIR-7, 31 F.R. 6585, May 3, 1966, as amended at 34 F.R. 15749, Oct. 11, 1969) § 430.25 Authority of the Director, Dep

uty Director, and hearing officers pertaining to aircraft accidents and

air safety investigations. (a) The Director or Deputy Director

or

are

? An authorized representative of the FAA has authority to release aircraft wreckage, property, or records in those accidents which the Board, pursuant to Part 400, has requested the FAA to investigate.

3 Forms are obtainable from the National Transportation Safety Board Field offices (see footnote 1), the National Transportation Safety Board, Washington, D.C. 20591, and the Federal Aviation Administration Flight Standards District Office. (Forms filed as part of original document.)

of the Bureau of Aviation Safety of the Board shall have authority in connection with aircraft accidents or incidents to:

(1) Order an investigation into the facts, conditions, circumstances, and probable cause of all occurrences involving civil aircraft, which he or the Board determines to constitute accidents or incidents. In such investigations he may order the taking of depositions, and may order a public hearing in accordance with the provisions of Part 431 of the Board's Procedural Regulations (Part 431 of this chapter) where it is deemed necessary in the public interest.

(2) Designate one or more hearing officials with authority to sign and issue subpoenas, to administer oaths and affirmations, and to take depositions or cause them to be taken in connection with such investigations.

(b) The Director or Deputy Director may also order a special study or investigation on matters pertaining to safety in air navigation, and if necessary, designate a hearing oficial in this connection.

NOTE: The reporting and recordkeeping requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

Sec. 431.24 Request for withholding of infor

mation. AUTHORITY: The provisions of this part 431 issued under secs. 5, 12, 204, 701, 702, 1001, 1004, 1104, 72 Stat. 743, 80 Stat. 935, 936, 949; 49 U.S.C. 1324, 1441, 1442, 1481, 1484, 1504, 1654.

SOURCE: The provisions of this Part 431 contained in PR-35, 24 F.R. 2225, Mar. 21, 1959, unless otherwise noted. Redesignated at 32 F.R. 16491, Dec. 1, 1967. $ 431.1 Applicability of part.

The provisions of this part shall govern all aircraft accident investigation hearings conducted under the authority of Title VII of the Federal Aviation Act of 1958, unless otherwise specifically ordered by the Board. § 431.2 Nature of hearing.

Aircraft accident hearings are held by the Board as a part of the investigation of accidents involving aircraft in order to determine the facts, conditions, and circumstances relating to each accident and the probable cause thereof and to ascertain measures ich will best tend to prevent similar accidents in the future. It is purely a fact-finding procedure, and there are no formal pleadings or issues and no adverse parties. During the course of the hearing, no objections to any matter will be entertained from any party to the investigation or any other person. Aircraft accident hearings are not subject to the provisions of sections 4, 5, 7, 8, or 10 of the Administrative Procedure Act.

INITIAL PROCEDURE $ 431.5 Determination to hold hearing.

The Director, Bureau of Aviation Safety, may, on behalf of the Board, order a hearing in any accident investigation whenever he deems it necessary in the public interest. § 431.6 Hearing Officer.

The Director, Bureau of Aviation Safety, shall designate in writing a Hearing Officer who shall have the following powers:

(a) To give notice concerning the time and place of hearing;

(b) To issue subpoenas and to take or cause depositions to be taken in ac

PART 431-RULES OF PRACTICE IN

AIRCRAFT ACCIDENT INVESTIGATION HEARINGS

Sec.
431.1 Applicability of part.
431.2 Nature of hearing.

INITIAL PROCEDURE
431.5 Determination to hold hearing.
431.6 Hearing Oficer.
431.7 Notice of hearing.
431.8 Technical Staff.
431.9 Board of Inquiry.

CONDUCT OF HEARING 431.15 Powers of Chairman of Board of

Inquiry. 431.16 Parties to the Investigation. 431.17 Prehearing conference. 431.18 Examination of witnesses. 431.19 Evidence. 431.20 Recommendations by interested

persons. 431.21 Stenographic transcript. 431.22 Docket. 431.23 Investigation to remain open.

cordance with the provisions of section 1004 of the Federal Aviation Act of 1958; and

(c) To designate parties to the investigation and to revoke such designations. $ 431.7 Notice of hearing.

The Hearing Officer shall designate a time and place for the hearing which meets the needs of the Board and gives due consideration to the convenience of the witnesses. The time and place of the hearing shall be published in the Notices Section of the FEDERAL REGISTER prior to the date of the hearing, unless such notice is impractical or unnecessary.' § 431.8 Technical Staff.

The Director, Bureau of Aviation Safety, shall designate members of the Board's Technical Staff who shall participate in the hearing and initially develop the testimony of the witnesses. § 431.9 Board of Inquiry.

The Board of Inquiry shall consist of a Member of the Board, who, when present, will be chairman of the Board of Inquiry, the Hearing Officer, the Director of the Bureau of Aviation Safety or his designee, and where appropriate the General Counsel or his designee. It shall be the duty of the Board of Inquiry to examine witnesses and to secure in the form of a public record all known facts pertaining to the accident and surrounding circumstances and conditions from which probable cause may be determined or recommendations of corrective action formulated.

CONDUCT OF HEARING § 431.15 Powers of Chairman of Board

of Inquiry. The Board Member acting as chairman of the Board of Inquiry or, in the absence of a Board Member the Hearing Officer, shall have the following powers:

(a) To open, continue or adjourn the hearing:

(b) To administer oaths and affirmations;

(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. $ 431.16 Parties to the Investigation.

(a) The Hearing Officer may designate as Parties to the Investigation those persons, Government agencies, companies, and associations whose employees, functions, activities, or products were involved in the accident, or who participated in the accident investigation and whose special knowledge and aeronautical skills contribute to the development of pertinent evidence.

(b) No Party to the Investigation 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 to the Investigation.

(c) Prior to the prehearing conference the Parties to the Investigation will be furnished copies of the available exhibits to be offered in evidence at the hearing (including statements obtained from witnesses during the course of the investigation), a list of the witnesses to be examined at the hearing and a statement of the areas in which each such witness will be examined. At a time, prior to the prehearing conference, specified by the Hearing Oficer, the parties shall request of the Hearing Oficer any amendment, correction, or addition to the exhibits that they desire be made or furnish such oficer with copies of additional exhibits they intend to offer in evidence, as well as a list of any additional witnesses they desire to examine and a statement of the areas in which such witnesses will be examined. (PR-35, 24 F.R. 2225, Mar. 21, 1959. as amended by PR-94, 80 F.R. 8473, July 2, 1965) § 431.17 Prehearing conference.

The Chairman of the Board of Inquiry or the Hearing Officer will hold a prehearing conference with the Parties to the Investigation, the Technical Staff and the representative of the Office of the General Counsel at a convenient time and place prior to the hearing. At such rehearing conference, the presiding officer will advise the Parties, 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. A party who has failed to request the Hearing Officer to amend or correct proposed exhibits or to advise him of additional exhibits he intends to

The Board ordinarily gives personal notice to all known interested persons and also publicizes the Inquiry by å press release to aviation trade journals and local newspapers near the scene of the accident.

offer in evidence or additional witnesses he desires to examine, as required by § 431.16(c), will be precluded from introducing such testimony at the hearing unless the presiding officer determines for good cause shown such evidence should be admitted. (PR-94, 30 F.R. 8473, July 2, 1965) $ 431.18 Examination of witnesses.

(a) Witnesses will be examined by the Technical Staff. Following such examination, the Parties to the Investigation who have indicated at a prehearing conference their desire to examine such witnesses will be given an opportunity to do so. If a Party to the Investigation who has not indicated an intention to examine a witness desires to do so, he may submit a request to the oficer presiding along with his justification as to why such examination is now deemed necessary. The officer presiding will then determine whether to permit the examination of the witness by the Party to the Investigation.

(b) Materiality, relevancy and competency of witnesses' testimony, exhibits or physical evidence will not be the subject of objections by a Party to the Investigation or any other person, but such matters will be controlled by rulings of the oficer presiding on his own motion. If the examination of a witness by a Party to the Investigation is interrupted by a ruling of the oficer presiding, opportunity will be given to show materiality, relevancy or competency of the testimony or evidence sought to be elicited from the witness. § 431.19 Evidence.

The officer presiding shall receive all testimony and evidence which might be of aid in determining the cause of the accident. He may exclude any testimony or exhibits which are not pertinent to the investigation or which are merely cumulative, as well as testimony which a party is precluded from introducing by $ 431.17 unless he determines that for good cause shown such testimony should be admitted. (PR-94, 30 F.R. 8473, July 2, 1965) § 431.20 Recommendations by inter

ested persons. Any person may submit his recommendations as to the proper conclusions to be drawn from the testimony and exhibits submitted at the hearing. Fifteen (15) copies of such recommendations shall be submitted within 30 days after

the close of the hearing, and shall be made a part of the docket. The Director, Bureau of Aviation Safety, in response to a request from a person intending to submit recommendations or upon his own initiative, may extend the 30-day period for submitting recommendations if he deems it necessary in the public interest. (PR-94, 30 F.R. 8473, July 2, 1965) 8 431.21 Stenographic transcript.

A verbatim report of the hearing shall be taken. Copies of the transcript may be obtained by any interested person from the oficial reporter upon payment of the fees fixed therefor. & 431.22 Docket.

The docket shall include the transcript, exhibits, briefs, and all other information concerning the accident which the Board has not ordered to be withheld from the public. A copy of the docket shall be made available to any person for review at the Washington ofice of the Board. Photostatic copies of exhibits may be obtained from the Chief, Docket Section, upon paying the cost of such copies. 431.23 Investigation to remain open.

Accident investigations are never oficially closed but are kept open for the submission of new and pertinent evidence by any interested person. If the Director, Bureau of Aviation Safety, 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 unless the Board orders it to be withheld from public disclosure. § 431.24 Request for withholding of in

formation. Any person may make written objection to the public disclosure of information contained in any report or document filed pursuant to this part or the provisions of the Federal Aviation Act of 1958, or of information obtained by the Board pursuant to the provisions of this part or the act, stating the grounds for such objection. Whenever such objection is made, the Board shall order such information withheld from public disclosure when, in its judgment, a disclosure of such information would adversely affect the interests of such person and is not required in the interest of the public.

PART 435—DISCLOSURE OF AIRCRAFT

ACCIDENT INVESTIGATION INFOR-
MATION

Sec. 435.1 Purpose. 435.2 Finding as to the public interest. 435.3 Release of information concerning

accidents. 435.4 Disclosure of information by testi

mony in suits or actions for damages

arising out of aircraft accidents. 435.5 Disclosure of information by testi

mony in State and local investiga

tions. 435.6 Release and disclosure of information

pertaining to aircraft incidents not

classified as accidents. AUTHORITY: The provisions of this part 435 issued under sec. 5, 12, 102, 202(a), 204(a), 701, 72 Stat. 740, 80 Stat. 935, 936, 949; 49 U.S.C. 1302, 1322, 1324, 1441, 1654.

SOURCE: The provisions of this part 435 contained in PR-5, 33 F.R. 15648, Oct. 23, 1968, unless otherwise noted. § 435.1 Purpose.

This part prescribes the policies and procedures of the Board with respect to the release of information coming into the possession of the Board or its staff in the course of conducting an investigation of aircraft accidents or in connection with accident prevention activities which can be disclosed to the public under Part 401 of this Chapter (Board's organization regulations). This part does not apply to aircraft accident investigations conducted by officials and employees of a foreign country. This part also establishes procedures for the disclosure of aircraft accident information by testimony of Board employees in suits or actions for damages arising out of aircraft accidents and in State or local investigations and criminal proceedings. & 435.2 Finding as to the public interest.

All accident reports and underlying papers in the Bureau of Aviation Safety are in the custody of the Executive Director of the Board, subject to access by employees of the Board for purposes relating to their official duties. Employees have no control of such reports

and papers, and no discretion with regard to permitting the use of them for any other purpose except as provided in this part. § 435.3 Release of information concern

ing accidents (a) Requests for preliminary or final factual information in the Board's possession, which the Board can make public in accordance with Part 401 of its organization regulations, should be directed to the Board's Office of Public Affairs, the Executive Director of the Board, the Director of the Board's Bureau of Aviation Safety, the investigator in charge of any Board accident investigation, the Supervisory Investigators in charge of the Board's Regional Field Offices, or such other persons as the Director of the Board's Bureau of Aviation Safety may designate.

(b) Upon receipt of such written or oral requests, the information will be made available to the applicant: Provided, That the furnishing of the written or oral information will not disrupt the course of the accident investigation or otherwise interfere with the Board or its employees in the performance of the accident investigation and accident prevention functions. Applicants are advised that in many instances the obtaining of certain factual information requires the expenditure of considerable time and effort and that the information they request, therefore, may not be readily available at the time the inquiry is received by the Board. The applicant should also note that all public information in the Board's public file of the accident ultimately is made available for inspection and copying. Requests for inspection, copying and copies of such public matter should be directed to the Board's Executive Director, and copies will be furnished in accordance with the fee schedule contained in Part 401 of the Board's regulations. $ 435.4 Disclosure of information by

testimony in suits or actions for dam.

ages arising out of aircraft accidents. Section 701(e) of the Federal Aviation Act (49 U.S.C. 1441(e)) precludes the use of the Board's reports in any suit

1 The procedures of the Federal Aviation Administration for the disclosure of information with respect to the testimony of its employees as witnesses in legal proceedings and the release or disclosure of FAA files and documents are contained in Part 185 of the Federal Aviation Administration's regulations (14 CFR Part 185).

· The Board's regional offices are located in: Anchorage, Alaska; Chicago, Ill.; Denver, Colo.; Fort Worth, Tex.; Kansas City, Mo.; Los Angeles, Calif.; Miami, Fla.; New York, N.Y.; Oakland, Calif.; Seattle, Wash.; Washington, D.C.

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