Subpart B-Initial Notification of Aircraft Accidents, Incidents, and Overdue Aircraft

320.5 Immediate notification.

320.6

Information to be given in notification.

Subpart C-Preservation, Access to and Release of Aircraft Wreckage, Mail, Cargo, and Records 320.10 Preservation of aircraft wreckage, mail, cargo, and records.

320.11 Access to and release of aircraft wreckage, records, mail, and cargo.

Subpart D-Reporting of Aircraft Accidents,
Incidents, and Overdue Aircraft

320.15 Reports and statements to be filed. Subpart E-Investigations and Special Studies 320.20 Authority of Board representatives. 320.25 Authority of the Director, Deputy Director, and hearing officers pertaining to aircraft accidents and air safety investigations.

AUTHORITY: The provisions of this Part 320 issued under secs. 202, 204, 407, 415, 701, 702, 703, 1004, 72 Stat. 741; sec. 2, Reorg. Plan No. 13 of 1950, 64 Stat. 1266; 49 U.S.C. 1322, 1324, 1377, 1385, 1441, 1442, 1443, 1484; 5 U.S.C. 133z-15.

SOURCE: The provisions of this Part 320 contained in SIR-7, 31 F.R. 6585, May 3, 1966, unless otherwise noted.

(b) Preservation, access to, and release of aircraft wreckage, mail, cargo, and records involving all civil aircraft in the United States, its territories or possessions.

(c) Investigation of aircraft accidents, certain incidents, and overdue aircraft and special studies and investigations conducted by the Board pertaining to safety in air navigation and the prevention of accidents.

As used in this part the following words or phrases are defined as follows:

"Aircraft accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, or the aircraft receives substantial damage. "Fatal injury" means any injury which results in death within 7 days.

"Operator" means any person who causes or authorizes the operation of an aircraft, such as the owner, lessee, or bailee of an aircraft.

"Serious injury" means any injury which (1) requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) involves lacerations which cause severe hemorrhages, nerve, muscle, or tendon damage; (4) involves injury to any internal organ; or (5) involves second or third degree burns, or any burns affecting more than 5 percent of the body surface.

"Substantial damage":

(1) Except as provided in subparagraph (2) of this paragraph:

(i) Substantial damage in aircraft of 12,500 pounds maximum certificated takeoff weight or less means damage or structural failure reasonably estimated to cost $300 or more to repair.

(ii) Substantial damage in aircraft of more than 12,500 pounds maximum certificated takeoff weight means damage or structural failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component.

(2) Engine failure, damage limited to an engine, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, taxiing damage to propeller blades, damage to tires, engine accessories, brakes, or wing tips are not considered "substantial damage" for the purpose of this part.

Subpart B-Initial Notification of Aircraft Accidents, Incidents, and Overdue Aircraft

§ 320.5

Immediate notification.

The operator of an aircraft shall immediately, and by the most expeditious means available, notify the nearest Civil Aeronautics Board, Bureau of Safety 1 Field Office when:

(a) An aircraft accident or any of the following listed incidents occur:

(1) Flight control system malfunction or failure;

(2) Inability of any required flight crew member to perform his normal flight duties as a result of injury or illness;

(3) During ground operations of an aircraft with engine (s) functioning without the intention of flight any person suffers death or serious injury as a result of being in or upon the aircraft or by direct contact with the aircraft or anything attached thereto, or the aircraft receives substantial damage;

(4) Turbine engine rotor failures excluding compressor blades and turbine buckets.

(5) In-flight fire;

(6) Aircraft collide in flight;

(b) An aircraft is overdue and is believed to have been involved in an accident.

1 CAB field offices are listed under U.S. Government in the telephone directories in the Following cities: Anchorage, Alaska; Chicago, Ill.; Denver, Colo.; Fort Worth, Tex.; Kansas Eity, Mo.; Los Angeles, Calif.; Miami, Fla.; New York, N.Y.; Oakland, Calif.; Seattle, Wash.

The notification required in § 320.5 shall contain the following information, if available:

(a) Type, nationality, and registration marks of the aircraft;

(b) Name of owner, and operator of the aircraft;

(c) Name of the pilot-in-command; (d) Date and time of the accident; (e) Last point of departure and point of intended landing of the aircraft;

(f) Position of the aircraft with reference to some easily defined geographical point;

(g) Number of persons aboard, number killed, and number seriously injured; (h) Nature of the accident including weather and the extent of damage to the aircraft so far as is known;

(i) A description of any explosives, radioactive materials, or other dangerous articles carried.

Subpart C-Preservation, Access to and Release of Aircraft Wreckage, Mail, Cargo, and Records

§ 320.10 Preservation of aircraft wreckage, mail, cargo, and records.

(a) The operator of an aircraft is responsible for preserving to the extent possible any aircraft wreckage, cargo, and mail aboard the aircraft, and all records, including those of flight recorders, pertaining to the operation and maintenance of the aircraft and to airmen involved in an accident or incident for which notification must be given until the Board takes custody thereof or a release is granted pursuant to § 320.11.

(b) Prior to the time the Board or its authorized representative takes custody of aircraft wreckage, mail, or cargo, such wreckage, mail and cargo may be disturbed or moved only to the extent necessary:

(1) To remove persons injured or trapped;

(2) To protect the wreckage from further damage, or

(3) To protect the public from injury. (c) Where it is necessary to disturb or move aircraft wreckage, mail or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the accident locale including original position and condition of the wreckage and any significant impact marks.

§ 320.11

Access to and release of aircraft 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 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 Board2 when it is determined that the Board has no further need of such wreckage, mail, cargo or records.

Subpart D-Reporting of Aircraft Accidents, Incidents, and Overdue Aircraft

§ 320.15 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 CAB Form 453 or 454, which forms are attached hereto and incorporated herein as part of this section.

3

(1) Within ten (10) days after an accident for which notification is required by § 320.5(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 $ 320.5(a) shall be filed only as requested by an authorized representative of the Civil Aeronautics 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, conditions, and circumstances

2 An authorized representative of the FAA has authority to release aircraft wreckage, property, or records in those accidents which the Board, pursuant to PN-16 (see footnote 4, infra), has requested the FAA to investigate.

3 Forms are obtainable from the Civil Aeronautics Board Field offices (see footnote 1), the Civil Aeronautics Board, Washington, D.C., 20428, and the Federal Aviation Agency Flight Standards District Office. Forms filed as part of original document.

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. (1) The operator of an aircraft shall file with the Field Office of the Civil Aeronautics Board nearest the accident or incident any report required by this section involving:

(i) Aircraft having a maximum takeoff weight of more than 12,500 pounds, or rotorcraft regardless of weight.

(ii) Aircraft having a maximum takeoff weight of 12,500 pounds or less operated by an air carrier certificated to engage in air transportation in the State of Alaska, or operated in accordance with Part 135 of this title (Federal Aviation Regulations; Air Taxi Operators and Commercial Operators of Small Aircraft); and

(iii) Aircraft, regardless of maximum takeoff weight, where fatal injuries have occurred to any occupant of such aircraft.

(2) The operator of an aircraft shall file with the FAA Flight Standards District Office nearest the accident or incident any report required by this section involving fixed-wing aircraft with a maximum takeoff weight of 12,500 pounds or less except reports which are required to be filed with the Board pursuant to subparagraph (1) of this paragraph.

Subpart E-Investigations and
Special Studies

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. § 320.25 Authority of the Director, Deputy Director, and hearing officers pertaining to aircraft accidents and air safety investigations.

(a) The Director or Deputy Director of the Bureau of Safety of the Board

The Board in PN-16, 30 F.R. 10122, 10168, effective Aug. 30, 1965, requested the Administrator of the FAA to investigate aircraft accidents involving fixed-wing aircraft with a maximum takeoff weight of 12,500 pounds or less except accidents in which fatal injuries have occurred to an occupant of such aircraft, accidents involving aircraft being operated in accordance with Part 135 of the Federal Aviation Regulations (14 CFR Part 135, Air Taxi Operators and Commercial Operators of Small Aircraft), and accidents involving aircraft operated by an air carrier authorized by a certificate of public convenience and necessity to engage in air transportation in the State of Alaska, and to submit a report to the Board concerning each such investigation.

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 303 of the Board's Procedural Regulations (Part 303 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 official 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.

370.735-71 General prohibition. 370.735-72 370-735-73 Employees required to submit statements.

Reporting financial interests and employment.

AUTHORITY: The provisions of this Part 370 issued under E.O. 11222, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR. 735.101 et seq.; secs. 201, 202, 204, 72 Stat. 741, 742, 743; 49 U.S.C. 1321, 1322, 1324.

SOURCE: The provisions of this Part 370 contained in SPR-13, 31 F.R. 1298, Feb. 8, 1966, unless otherwise noted.

Subpart A-General

§ 370.735-11 Purpose.

This part sets forth the standards of ethical conduct required of all Board employees, in implementation of Executive Order 11222, May 8, 1965 (30 F.R. 6469), and Part 735 of the Civil Service Commission regulations adopted pursuant thereto (5 CFR Part 735). It also contains references to the several applicable statutes governing employee conduct, particularly Public Law 87-849 (76 Stat. 1119, 18 U.S.C. 201 et seq.), and the "Code of Ethics for Government Service," House Concurrent Resolution 175, 85th Congress, 2d session (72 Stat. B12). § 370.735-12 Definitions.

As used in this part, unless the context otherwise requires―

(a) "Employee" means Board members and employees, including special Government employees as defined in 18 U.S.C. 202.1

(b) "Executive order" means Executive Order 11222 of May 8, 1965 (30 F.R. 6469).

(c) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

§ 370.735-13 Policy and enforcement.

The maintenance of unusually high standards of honesty, integrity, impar

118 U.S.C. 202 defines a "special Government employee" as including an officer or employee of any independent agency of the United States who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a fulltime or intermittent basis.

tiality, and conduct by Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens of their Government. In a regulatory agency such as the Civil Aeronautics Board, whose actions affect the safety and financial interest of a large number of persons (the users of air transportation as well as the suppliers of the service), it is particularly important that every employee be completely impartial, honest and above suspicion of improper conduct. Accordingly, the Board requires that its employees adhere strictly to the highest standard of ethical conduct in all their social, business, political and other off-the-job activities, relationships and interests as well as in their official actions. All Board employees shall exercise their informed judgment to avoid situations which might result in actual or apparent misconduct or conflicts of interest. Failure to adhere to the requirements of the regulations in this part will constitute cause for disciplinary action, including, in appropriate cases, removal. Any such administrative disciplinary action may be in addition to any penalty prescribed by law.

§ 370.735-14 Procedure for waiver or permission.

Unless a different procedure is specifically prescribed, any request for a waiver or special permission with respect to matters relating to this part shall be made and disposed of as follows:

(a) The employee shall forward to the head of his office or bureau in a timely manner a statement in triplicate setting forth, specifically and in detail, the facts and circumstances surrounding the matter and describing the relief requested.

(b) The head of the office or bureau, with the concurrence of the Director of Personnel and Security, shall determine whether or not the requested relief is permissible and in accord with the spirit and intent of applicable requirements. The decision thereon shall be entered on each copy of the employee's statement, the original of which shall be forwarded to the Office of Personnel and Security. One copy shall be retained by the bureau or office head, and the remaining copy returned to the employee.

(c) An employee whose request is denied may appeal to the Executive Director by forwarding to him, with copies to the head of the office or bureau and