§ 400.25 Delegation to the Director, Bureau of Aviation Safety.

The Board hereby delegates to the Director, Bureau of Aviation Safety, the authority to:

(a) Order an investigation, by depositions, or otherwise, into the facts, conditions, circumstances, and probable cause of all occurrences involving civil aircraft.

(b) Designate in writing a hearing officer and technical staff for public hearings and in cases where he will not personally serve on a Board of Inquiry, he may designate one of his staff to take his place.

(c) Designate one or more hearing officers to take depositions or cause them to be taken in connection with aircraft accident investigations and, if necessary, to designate a hearing officer to conduct special studies or investigations on matters pertaining to safety in air navigation.

(d) Disclose factual information pertinent to an aircraft accident or incident as provided for in Part 435 of this title of the Board's procedural regulations. § 400.26 Delegation to the Hearing Officers, Bureau of Aviation Safety.

The Board hereby delegates to Hearing Officers, Bureau of Aviation Safety, who are designated by the Director of the Bureau of Aviation Safety under § 400.25 (c), the authority to sign and issue subpoenas, and administer oaths and affirmations, to take depositions or cause them to be taken in connection with the investigation of accidents involving a civil aircraft.

§ 400.27 Delegation to the Director, Bureau of Surface Transportation Safety. [Reserved]

Subpart C-Delegations to Officers and Officials of the Department of Transportation

§ 400.42 Authority to delegate functions to officers of the Department of Transportation.

Under section 5(m) of the Act, the National Transportation Safety Board may delegate, with the approval of the Secretary of Transportation, such of its functions as it may deem appropriate to any officer or official of the Department, except that it may not delegate the appellate or determination of probable cause functions transferred to it by section 6(d) of the Act, and it may not permit the participation of the Secretary, the Federal Aviation Administrator or their representatives in determinations of probable cause under Title VII (72 Stat. 781; 49 U.S.C. 1441 et seq.) of the Federal Aviation Act of 1958, as amended. § 400.43 Delegation of authority to officers of the Department of Transportation.

Pursuant to the authority set forth in section 5 (m) of such Act, the National Transportation Safety Board, with the approval of the Secretary of Transportation, hereby makes the following delegations:

(a) To the Commandant of the Coast Guard, all the functions, powers, and duties of the National Transportation Safety Board under subsection 5(b) of such Act regarding matters arising in the Coast Guard's administration of functions and responsibilities assigned to the Commandant except:

(1) The review to determine cause or probable cause and to report the facts and circumstances after the actions of a Marine Board of Investigation, appointed by the Commandant pursuant to 46 CFR Subpart 136.09, have been completed; and

(2) The authority to review decisions of the Commandant on appeals from orders of hearing examines revoking licenses, certificates, documents, or registers under the procedures of 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).

(b) To the Federal Highway Administrator, the authority to determine cause or probable cause in motor carrier accidents and to report the facts and circumstances of such accidents, except

in those accidents which are (1) catastrophic in magnitude, (2) of general public interest, (3) involve questions of broad national interest, or (4) which may involve unique technical problems, all as determined in accordance with the procedures set forth in § 400.44.

(c) To the Federal Railroad Administrator, the authority to determine cause or probable cause in railroad and pipeline accidents and to report the facts and circumstances of such accidents, except in those accidents which are (1) catastrophic in magnitude, (2) of general public interest, (3) involve questions of broad national interest, or (4) which may involve unique technical problems, all as determined in accordance with the procedures set forth in § 400.44.

(d) Any report of the facts, circumstances, and the determination of cause or probable cause of an accident issued by the Commandant of the Coast Guard, the Federal Highway Administrator, or the Federal Railroad Administrator, under the delegation of authority set forth in this section, shall be subject to the provisions of section 5(e) of the Act which provides that such reports shall be made public except as otherwise provided by statute, and the use of such reports as evidence or for other purposes in suits or actions for damages growing out of any accident mentioned in such reports are subject to the provision of law applicable to such reports.

(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] § 400.44 Procedures for identifying nondelegated accidents.

(a) To facilitate decisions by the National Transportation Safety Board on motor carrier, rail, and pipeline accidents for which it will determine cause or probable cause, the Federal Highway Administrator and the Federal Railroad Administrator, respectively, in exercising their authority under this order, shall immediately notify the National Transportation Safety Board of the occurrence of such accidents as in their best judgment fall within the categories indicated in paragraphs (b) and (c) of § 400.43.

(b) The Board shall thereupon promptly notify the Administrator as to

whether it agrees with the designation. If it does, the Board shall issue a notice indicating such designation and thereby identifying the accident as one for which it will retain authority to determine cause or probable cause and report the facts, conditions, and circumstances relating to the accident as authorized by section 5(b) (1) of the Department of Transportation Act. The Board, in such notice, shall also notify the Administrator as to the following:

(1) That the Board shall conduct an investigation pursuant to its authority under section 5(d) (4) of the Act; or

(2) That the Board shall participate in the Administrator's investigation pursuant to section 5(d) (7) of the Act, and thereafter hold a public hearing in assistance of its function of determining cause or probable cause and preparing a final report; or

(3) That the Board shall participate in the Administrator's investigation, pursuant to section 5(d) (7) of the Act, but not hold a public hearing and rely on facts developed by such investigation as the basis for its determination of cause or probable cause and preparing a final report; or

(4) That the Board shall not participate in the Administrator's investigation, but shall determine cause or probable cause and issue a final report relying wholly upon the facts developed by the Administrator's investigation.

(c) The Board, however, may at any time during the proceeding alter its role as circumstances may dictate.

(Sec. 5, 80 Stat. 935, 936, 49 U.S.C. 1654) [Amdt. 2, 33 FR. 12641, Sept. 6, 1968]

§ 400.45 Investigation of certain aircraft accidents.

(a) Pursuant to the authority set forth in section 5 (m) of the Act, the National Transportation Safety Board, with the approval of the Secretary of Transportation, hereby delegates to the Federal Aviation Administrator, the authority, subject to the terms, conditions, and limitations of Title VII of the Federal Aviation Act, and as set forth below, to investigate the facts, conditions, and circumstances surrounding certain fixedwing and rotocraft aircraft accidents, to conduct autopsies and such other tests of the remains of deceased persons

aboard the aircraft at the time of the accident, who die as a result of the accident, as may be necessary to the investigation of the acicdent, and to submit a report to the Board from which the Board may then make a determination of the probable cause.

(b) The authority hereby delegated shall include the investigation of all civil aircraft accidents involving rotorcraft, aerial application, amateur-built aircraft, restricted category aircraft, and all fixed-wing aircraft which have a certificated maximum gross takeoff weight of 12,500 pounds or less;

(1) Provided, That this authority shall not extend to any accident involving an aircraft operated by any air carrier authorized by certificate of public convenience and necessity to engage in air transportation.

(2) Provided further, That this authority shall not include the investigation of aircraft accidents in which fatal injuries have occurred to any occupants of such aircraft, but shall include accidents involving fatalities incurred as a result of aerial application operations, amateur-built aircraft operations, or restricted category aircraft operations;

(3) Provided further, That this authority shall not be construed as authorization for the Administrator to hold public hearings or to make a determination of the probable cause of any accidents;

(4) Provided further, That this authority shall not include accidents involving aircraft operated in accordance with the provisions of the Federal Aviation Regulations entitled "Air Taxi Operators and Commercial Operators of Small Aircraft" (Part 135 of this title); (5) Provided further, That this authority shall not include aircraft accidents involving a midair collision;

(6) And Provided further, That the Administrator shall report, in a form acceptable to the Board, the facts, conditions, and circumstances surrounding each accident, from which report the Board may determine the probable cause.

(c) The authority hereby delegated to conduct autopsies and other tests of the remains of persons aboard the aircraft at the time of the acident may be redelegated by the Administrator to any official or employee of the Federal Aviation Administration. For the purpose of this delegation, designated aviation examiners are not deemed to be officials or employees.

AUTHORITY: The provisions of Part 401 issued under secs, 5(k), 6, and 12, 80 Stat. 931, et seq.; secs. 902(f), 72 Stat. 784, as amended by 75 Stat. 466, 76 Stat. 150, 76 Stat. 921, 49 U.S.C. 1472(f), and 1104, as amended, 72 Stat. 797, 49 U.S.C. 1504; and sec. 3, 80 Stat. 250, 5 U.S.C. 552.

SOURCE: The provisions of this Part 401 contained in OR-1, 32 F.R. 9964, July 7, 1967, unless otherwise noted.

Subpart A-General Provisions § 401.1

Applicability.

(a) This part implements section 3 of the Administrative Procedure Act, 80 Stat. 250, 5 U.S.C. 552, and prescribes rules governing the availability to the public of the records and other written information of the National Transportation Safety Board (Board).

(b) This part applies only to information and records existing at the time a request therefor is made. The Board is not required to supply or procure a record or other written information solely for the purpose of making it available under this part.

It is the policy of the Board to make its information and records available to the public to the greatest extent possible in keeping with the Congressional intention expressed in section 3 of the Administrative Procedure Act, the national interest, the protection of private rights, and the efficient conduct of the public business. All the records and other information of the Board, except those records and information which are necessarily and specifically made unavailable by section 3(e) of the Administrative Procedure Act, and which are described in Subpart D of this part, are declared to be available to the public promptly and to the fullest extent consistent with this policy.

§ 401.3 Administration of the part.

The overall authority to administer this part is delegated to the Board's Executive Director. In cases where the

head of the Board's component is of the view that the information should be denied to the person requesting it pursuant to § 401.6, he shall so advise the Executive Director. The initial agency decision to deny access to information will be made by the Executive Director. Appeals from such a denial may be made to the Board Chairman pursuant to § 401.25. Subpart B-Availability and Access to the Public of Board Information § 401.4 Availability during working hours.

All documents except those exempted from public disclosure in Subpart D of this part shall be made available for public inspection and copying during the working hours of the Board (8:30 a.m. to 5 p.m.).

§ 401.5 Place where available.

(a) Copies of all records required to be made public by section 5 of the Department of Transportation Act shall be made available for public inspection and copying by the Board's Executive Director in a public reading room, or its equivalent, to be maintained at the Board's official headquarters. Moreover, indices of the Board's decisions and public dockets of all proceedings before it will also be made available for public inspection and copying in a similar manner.

(b) All other records or written information shall be made available for public inspection and copying by the heads of the various Board's components where such records or information is found, and persons requesting such information will be specifically advised by the head of the Board's component where such records will be available for inspection and copying.

§ 401.6 Method for obtaining access to records and information.

(a) Any person desiring to see a record covered by this subpart must make a written request to the office in which the record is located. If the person making the request does not know where the record is located, but does know the name of the Board's component in which it is located, he may send his request to the head of that component. If he does not know the name of the Board's component in which it is located he may send his request to the Executive Director, National Transportation Safety Board, Washington, D.C. 20591.

(b) Each request must describe the particular record in enough detail to allow the record to be identified and located with a reasonable amount of effort. If the description is insufficient, the officer handling the request will notify the applicant and, to the extent possible, indicate the additional data required. In any case in which an extended period of time will be required to identify and locate the record sought, the officer handling the request will notify the person making the request of the required time.

(c) Each request for a search of records or for a copy of a record must be accompanied by the fee prescribed in Subpart C of this part. However, if the fee cannot be ascertained from the appropriate schedule, the officer or employee processing the request shall furnish an estimate of the fee to the person making the request.

(d) Each record covered by this subpart is available for inspection and copying during regular working hours at the facility in which it is located. Original records may be copied but may not be released from custody.

§ 401.7 Request for records of concern to more than one agency.

Any request for a record covered by this subpart that is identifiable as being of concern to both the Board and another agency will be processed by the Board only if its interest in that record is the primary interest and only after coordination with the other interested agency. If the Board's interest in the record is not the primary interest, the request will be transferred to the agency having the primary interest.

§ 401.8 Protection of records.

(a) No person may steal, mutilate, obliterate, or destroy, in whole or in part, any record or other written information made available to him for inspection or copying under this Part.

(b) Section 641 of Title 18 of the United States Code provides, in pertinent part, as follows:

$1,000 or imprisoned not more than 1 year, or both. .

Section 2071 of Title 18 of the United States Code provides, in pertinent part, as follows:

Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited ** in any public office, or with any * public of

ficer of the United States, shall be fined not more than $2,000 or imprisoned not more than 3 years, or both.

Subpart C-Fees for Special Services § 401.9 Policy and scope.

Pursuant to policies established by the Congress, the Government's costs for special services furnished to individuals or firms who request such services are to be recovered by the payment of fees. (Title V of Independent Offices Appropriation Act of 1952; 5 U.S.C. 140.) This regulation sets forth the special services made available by the Board and the fees therefor.

§ 401.10 Services available.

Upon request and payment of fees as provided in subsequent sections, there are available, with respect to documents subject to inspection, services as follows:

(a) Copying records and documents. (b) Certification of copies of documents under seal of the Board.

(c) Subscriptions to publications of the Board.

(d) Transcripts of hearings.

(e) Copying computer tapes of the Board.

[OR-1, 32 F.R. 9964, July 7, 1964, as amended by Amdt. 2, 35 F.R. 12200, July 30, 1970] § 401.11 Payment of fees and charges.

The fees charged for special services may be paid by check, draft, or postal money order, payable to the National Transportation Safety Board, except for charges for copying documents and reporting services which are performed under competitive bid contracts with non-Government firms. Fees for the latter are payable to the firms providing the services.

§ 401.12 Fees for services.

The basic fees set forth below provide for documents to be mailed with ordinary first class postage prepaid. If copy