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shall constitute internal Board documents which shall not be available to the general public. The use of such records in Board proceedings subject to Part 302 of the Rules of Practice shall be governed by $$ 302.19(g) and 302.39 and by the law of evidence applicable to Board proceedings. $ 305.11 Procedures after investigation.

Upon completion of the investigation, where the Director, Bureau of Enforcement, determines that no corrective action is warranted, the investigation will be closed, and any documentary evidence obtained in the investigation will be returned to the persons who produced it. Where remedial action is indicated by the investigation, the Director will proceed pursuant to Subpart B of Part 302 of the Rules of Practice or will take such other action as may be appropriate.

$ 305.12 Motions to quash or modify an

investigation subpena. Any person upon whom an investigation subpena is served may within seven (7) days after such service or at any time prior to the return date thereof, whichever is earlier, file with the Board & motion to quash or modify such subpena. Such motions shall be made in writing in conformity with $$ 302.3 and 302.4 of the Rules of Practice; shall state with particularity the grounds therefor and the relief sought; shall be accompanied by the evidence relied upon and all such factual matter shall be verified in accordance with the provisions of $ 302.202 of the Rules of Practice. Written memoranda or briefs may be filed with the motions, stating the points and Cauthorities relied upon. No oral argument will be heard on such motions, unless the Board directs otherwise. The Board will quash or modify a subpena when it believes that the evidence whose production is required is not reasonably relevant to the matter under investigation, or that the demand made does not describe with sufficient particularity the information sought, or that the subpena is unlawful or unduly burdensome. The filing of a motion to quash or modify an investigation subpena shall stay the return date of such subpena until the Board grants or denies such motion.

PART 311-DISCLOSURE OF AIR

CRAFT ACCIDENT INVESTIGATION

INFORMATION Sec. 311.1 Purpose. 311.2 Finding as to the public interest. 311.3 Release of information concerning ac

cidents. 311.4 Disclosure of information by testi

mony in suits or actions for damages arising out of aircraft acci

dents. 311.5 Disclosure of information by testi

mony in state and local investiga

tions. 311.6 Release and disclosure of information

pertaining to aircraft incidents not

classified as accidents. AUTHORITY: The provisions of this part 311 issued under secs. 102, 202(a), 204(a), 701, 72 Stat. 740; 49 U.S.C. 1302, 1322, 1324, 1441.

SOURCE: The provisions of this Part 311 contained in PR-96, 30 F.R. 14920, Dec. 2, 1965, unless otherwise noted. § 311.1 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 investigations of aircraft accidents. This part also establishes procedures for the disclosure of such 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." $ 311.2 Finding as to the public interest.

All accident reports and underlying papers in the office of the Bureau of Safety are in the custody of the Secretary 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. Making such reports or

underlying papers public otherwise than as provided in this part is hereby found to be contrary to the public interest. Employees are hereby prohibited from giving out any such reports, papers or copies

1 The procedures of the Federal Aviation Agency 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 Agency's regulations (14 CFR Part 185).

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thereof to private parties or to local available for inspection under this subofficers; or from testifying in any suit paragraph, provided that the expense of or action for damages as to information making such copies is borne by the in such reports or papers; or producing recipient. such reports, papers, or copies thereof (c) Nothing in this section is to be in any suit or action for damages interpreted as requiring Board employees (whether in answer to subpoenas duces to secure information for release where tecum or otherwise), except as provided such information is not presently in the in this part.

Board's files.? § 311.3 Release of information concern § 311.4 Disclosure of information by ing accidents.

testimony in suits or actions for damInformation secured by the Board con

ages arising out of aircraft accidents. cerning accidents involving aircraft may

Section 701(e) of the Federal Aviabe released only as follows:

tion Act (49 U.S.C. 1441(e)) precludes (a) Regional field offices. Supervisory the use of the Board's reports in any Investigators of field offices shall, upon

suit or action for damages arising out request, release the following informa of an accident. The purpose of section tion concerning any accident at any 701(e) would be defeated if expert opintime during or after the investigation ion testimony of Board employees, and of the accident:

their evaluations, conclusions and rec(1) Place and date of the accident;

ommendations which are reflected in the (2) Make, model, identification mark,

ultimate views of the Board expressed in and registered owner or operator of the

its report concerning the cause of the aircraft involved;

accident and the prevention of future (3) Names and addresses of the crew

accidents, are admitted in evidence or and other occupants of the aircraft or

used in any way in private litigation persons injured in the accident, and arising out of an aircraft accident. For (4) Medical information pertaining

the same reason, the use of employees' to the nature of any fatalities resulting

factual reports in private litigation aris

ing out of accidents would defeat the from the accident and to the condition of injured persons when that informa

purpose of section 701(e). Furthermore, tion is factually established by physicians

the use of Board employees as experts or hospitals. Disclosure of this informa

to give opinion testimony in court would tion must be qualified by the statement

impose a serious administrative burden that such information is based on re

on the Board's investigative staff. AC

cordingly, no Board employee or former ports of physicians or hospitals.

Board employee shall make public by (b) The Washington office. The Di

testimony in any suit or action arising rector of the Bureau of Safety or such

out of an aircraft accident information person in the Washington office as he shall designate shall, upon request, re

obtained by him in the performance of lease the information described in para

his official duties, except in accordance

with the following provisions: graph (a) of this section. In addition,

(a) the Director or his designee shall, upon

Testimony of employees and

former employees. Employees may serve request:

as witnesses for the purpose of testify(1) Release the names of witnesses

ing to the facts observed by them in the and their addresses;

course of accident investigations in those (2) Make replies as to facts in answer

suits or actions for damages arising out to specific inquiries, either verbal or writ

of aircraft accidents in which an approten, concerning aircraft accidents; and

priate showing has been made that the (3) Make available for inspection that

facts desired to be adduced are not reaportion of the file which contains factual

sonably available to the party seeking data pertinent to the accident, but shall

such evidence by any other method, innot make available any portion of the file

cluding the use of discovery procedures which contains any opinion, conclusion,

against the opposing party. Employees evaluation, or recommendation of any and former employees shall testify only employee of the Board or any employee as to facts actually observed by them in of the Federal Aviation Agency who has

2 The Board's rules governing the conduct participated in the accident investiga

of aircraft accident investigations are contion; and furnish copies of only those tained in Part 320 of the Board's regulations documents in the accident file which are (14 CFR Part 320).

the course of accident investigations and questing the deposition to the Associate shall respectfully decline to give opinion General Counsel, Rules and Rates Divievidence as expert witnesses, their eval sion, for the Board's files. uations and conclusions, or testify with (2) A subpoena should not be served respect to recommendations resulting upon a Board employee in connection from accident investigations on the with the taking of his deposition. grounds that section 701(e) and this (e) Request for testimony of former part prohibit their giving such testi employees. It is not necessary to request mony. Litigants are expected to obtain approval for testimony of a former their expert witnesses from other Board employee. sources.

(f) Procedure in the event of a sub(b) Use of reports. An employee or poena. If an employee has received a former employee may use his factual re subpoena to appear and testify, a request port solely to refresh his memory, and for approval of his deposition testimony shall decline to read any portion thereof shall not be approved until the subpoena into the record or refer to it or comment has been withdrawn. If any employee with respect to its contents.

receives a subpoena to produce accident (c) Testimony by deposition and reports or underlying papers or to give written interrogatories. Testimony of testimony at a time and place specified employees will be made available for use therein as to accident information, the in suits or actions for damages arising employee shall immediately notify the put of accidents through depositions or Director, Bureau of Safety. He shall written interrogatories. Normally dep give the data identifying the accident; ositions will be taken and interrogatories the title of the case, the name of the will be answered at the Board's office to judge, if available, and the title and adwhich the employee is assigned at a time dress of the court; the date on which he arranged with the employee reasonably is directed to appear; the name, address fixed so as to avoid substantial inter and telephone number, if available, of ference with the performance of the the attorney representing the party who duties of the employee concerned. Em caused the issuance of the subpoena, the ployees will not be permitted to appear scope of the testimony, if known, and and testify in court except in the most whether or not the evidence is available inusual circumstances for good cause elsewhere. The Director will immedishown. Mere failure to make a timely ately, upon receipt of notice that an emrequest for a deposition will not be re ployee has been subpoenaed, inform the garded as an unusual circumstance. General Counsel. The General Counsel

(d) Request for testimony of em will either (1) make arrangements with ployees. (1) A request for testimony of the court to have the employee excused Board employee relating to an aircraft from testifying or (2) give the employee iccident by deposition, interrogatories, permission to testify. Unless one of ir appearance in court shall be addressed these actions is taken, the employee shall o the Associate General Counsel, Rules appear in response to the subpoena and ind Rates Division, who may approve respectfully decline to testify or to or deny the request. Such request shall produce the records called for, on the set forth the title of the case and the grounds that this part prohibits such ourt and the reasons for desiring the conduct. In carrying out the provisions estimony and shall limit the testimony of this paragraph, the General Counsel ought to that available under the pro shall be guided by the policies set forth risions of paragraph (a) of this section. in this part. The Associate General Counsel shall atach to his approval such reasonable

§ 311.5 Disclosure of information by 'onditions as he may deem appropriate in

testimony in State and local investi. order that the testimony shall be limited

gations. o factual matters as provided in para Employees and former employees may raph (a) of this section, shall not inter testify in a coroner's inquest and a grand ere with the performance of the duties jury proceeding by a State or local govof the witnesses as set forth in paragraph ernment only as to the facts actually c) of this section, and shall otherwise observed by them in the course of accionform to the policies of this part. dent investigations and shall not give Jpon completion of a deposition a copy opinion evidence as expert witnesses or of the transcript of testimony will be testify with respect to recommendations urnished at the expense of the party re resulting from accident investigations.

§ 311.6 Release and disclosure of infor

mation pertaining to aircraft inci.

dents not classified as accidents. Information secured by the Board in the investigation of an aircraft incident

not classified as an aircraft accident may be released or disclosed upon request, but only in accordance with the provisions of $$ 311.1 to 311.5.

SUBCHAPTER C-SAFETY INVESTIGATION REGULATIONS

PART 320 RULES PERTAINING TO (b) Preservation, access to, and reAIRCRAFT ACCIDENTS, INCIDENTS,

lease of aircraft wreckage, mail, cargo,

and records involving all civil aircraft in OVERDUE AIRCRAFT, AND SAFETY

the United States, its territories or posINVESTIGATIONS

sessions. Subpart A-General

(c) Investigation of aircraft accidents, Sec.

certain incidents, and overdue aircraft 320.1 Applicability.

and special studies and investigations 320.2 Definitions.

conducted by the Board pertaining to

safety in air navigation and the prevenSubpart B-Initial Notification of Aircraft Acci

tion of accidents. dents, Incidents, and Overdue Aircraft

§ 320.2 Definitions. 320.5 Immediate notification. 320.6 Information to be given in notifica As used in this part the following tion.

words or phrases are defined as follows: Subpart C-Preservation, Access to and Release

“Aircraft accident” means an occurof Aircraft Wreckage, Mail, Cargo, and Records rence associated with the operation of an

aircraft which takes place between the 820.10 Preservation of aircraft wreckage, mail, cargo, and records.

time any person boards the aircraft with 320.11 Access to and release of aircraft

the intention of flight until such time as wreckage, records, mail, and cargo. all such persons have disembarked, in

which any person suffers death or serious Subpart D-Reporting of Aircraft Accidents,

injury as a result of being in or upon the Incidents, and Overdue Aircraft

aircraft or by direct contact with the air320.15 Reports and statements to be filed.

craft or anything attached thereto, or Subpart E-Investigations and Special Studies

the aircraft receives substantial damage.

“Fatal injury" means any injury which 320.20 Authority of Board representatives.

results in death within 7 days. 320.25 Authority of the Director, Deputy Director, and hearing officers per

"Operator" means any person who taining to aircraft accidents and causes or authorizes the operation of an air safety investigations.

aircraft, such as the owner, lessee, or

bailee of an aircraft. AUTHORITY: The provisions of this Part 320 issued under secs. 202, 204, 407, 415, 701,

“Serious injury" means any injury 702, 703, 1004, 72 Stat. 741; sec. 2, Reorg. Plan

which (1) requires hospitalization for No. 13 of 1950, 64 Stat. 1266; 49 U.S.C. 1322, more than 48 hours, commencing within 1324, 1377, 1385, 1441, 1442, 1443, 1484; 5 7 days from the date the injury was reU.S.C. 1332–15.

ceived; (2) results in a fracture of any SOURCE: The provisions of this Part 320 bone (except simple fractures of fingers, contained in SIR–7, 31 F.R. 6585, May 3, 1966, toes, or nose); (3) involves lacerations unless otherwise noted.

which cause severe hemorrhages, nerve,

muscle, or tendon damage; (4) involves Subpart A-General

injury to any internal organ; or (5) in

volves second or third degree burns, or § 320.1 Applicability,

any burns affecting more than 5 percent This part contains rules pertaining to: of the body surface.

(a) Giving notice of and reporting, “Substantial damage": aircraft accidents and incidents and cer (1) Except as provided in subparatain other occurrences in the operation graph (2) of this paragraph: of aircraft when they involve civil air (i) Substantial damage in aircraft of craft of the United States wherever they 12,500 pounds maximum certificated occur, or foreign civil aircraft when such

takeoff weight or less means damage or events occur in the United States, its structural failure reasonably estimated territories or possessions.

to cost $300 or more to repair.

(ii) Substantial damage in aircraft of 8 320.6 Information to be given in notimore than 12,500 pounds maximum cer

fication. tificated takeoff weight means damage or

The notification required in § 320.5 structural failure which adversely af

shall contain the following information, fects the structural strength, perform if available: ance, or flight characteristics of the air

(a) Type, nationality, and registracraft, and which would normally require tion marks of the aircraft; major repair or replacement of the af

(b) Name of owner, and operator of fected component.

the aircraft; (2) Engine failure, damage limited to

(c) Name of the pilot-in-command; an engine, bent fairings or cowling,

(d) Date and time of the accident; dented skin, small punctured holes in the

(e) Last point of departure and point - skin or fabric, taxiing damage to pro

of intended landing of the aircraft; peller blades, damage to tires, engine

(f) Position of the aircraft with referaccessories, brakes, or wing tips are not

ence to some easily defined geographical considered “substantial damage" for the

point; purpose of this part.

(g) Number of persons aboard, numSubpart B-Initial Notification of Air ber killed, and number seriously injured;

(h) Nature of the accident including craft Accidents, Incidents, and

weather and the extent of damage to the Overdue Aircraft

aircraft so far as is known; $ 320.5 Immediate notification.

(i) A description of any explosives,

radioactive materials, or other dangerous The operator of an aircraft shall im

articles carried. mediately, and by the most expeditious means available, notify the nearest Civil

Subpart C—Preservation, Access to Aeronautics Board, Bureau of Safety

and Release of Aircraft Wreckage, Field Office when:

Mail, Cargo, and Records (a) An aircraft accident or any of the § 320.10 Preservation of aircraft wreckfollowing listed incidents occur:

age, mail, cargo, and records. (1) Flight control system malfunc

(a) The operator of an aircraft is retion or failure;

sponsible for preserving to the extent (2) Inability of any required flight possible any aircraft wreckage, cargo, crew member to perform his normal and mail aboard the aircraft, and all flight duties as a result of injury or ill records, including those of flight reness;

corders, pertaining to the operation and (3) During ground operations of an

maintenance of the aircraft and to airaircraft with engine(s) functioning

men involved in an accident or incident without the intention of flight any per

for which notification must be given

until the Board takes custody thereof son suffers death or serious injury as a

or a release is granted pursuant to result of being in or upon the aircraft or

§ 320.11. by direct contact with the aircraft or

(b) Prior to the time the Board or its anything attached thereto, or the air authorized representative takes custody craft receives substantial damage;

of aircraft wreckage, mail, or cargo, such (4) Turbine engine rotor failures ex wreckage, mail and cargo may be discluding compressor blades and turbine turbed or moved only to the extent buckets.

necessary: (5) In-flight fire;

(1) To remove persons injured or (6) Aircraft collide in flight;

trapped; (b) An aircraft is overdue and is be (2) To protect the wreckage from lieved to have been involved in an further damage, or accident.

(3) To protect the public from injury.

(c) Where it is necessary to disturb 1 CAB field offices are listed under U.S. Gov or move aircraft wreckage, mail or cargo, ernment in the telephone directories in the sketches, descriptive notes, and photofollowing cities: Anchorage, Alaska; Chicago, Ill.; Denver, Colo.; Fort Worth, Tex.; Kansas

graphs shall be made, if possible, of the City, Mo., Los Angeles, Calif.; Miami, Fla.;

accident locale including original posiNew York, N.Y.; Oakland, Calif.; Seattle,

tion and condition of the wreckage and Wash.

any significant impact marks.

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