800.21 Purpose. 800.22 Delegation to the Managing Director.

800.23 Delegation to the administrative law judges, Office of Administrative Law Judges.

800.24 Delegation to the General Counsel. 800.25 Delegation to the Director, Bureau of Accident Investigation.

800.26 Delegation to the Director, Bureau of Administration.

800.27 Delegations to investigative officers

and employees of the Board.

APPENDIX-Request to the Secretary of the Department of Transportation to Investigate Certain Aircraft Accidents

AUTHORITY: Independent Safety Board Act of 1974, Pub. L. 93-633, 88 Stat. 2166 (49 U.S.C. 1901 et seq.).

SOURCE: 41 FR 39753, Sept. 16, 1976, unless otherwise noted.

Subpart A-Organization and Functions

§ 800.1 Purpose.

This part describes the organization, functions, and operation of the National Transportation Safety Board (Board).

§ 800.2 Organization.

The Board consists of five Members appointed by the President with the advice and consent of the Senate. One of the members is designated by the President as Chairman and one as Vice Chairman with the advice and consent of the Senate. The Members exercise the functions, powers, and duties of Title VII of the Federal Aviation Act

of 1958 (49 U.S.C. 1441), transferred to the Board under section 6 of the Department of Transportation Act (49 U.S.C. 1651 et seq.) and the Independent Safety Board Act of 1974 (88 Stat. 2166 et seq. (49 U.S.C. 1901 et seq.)). The Board is an independent agency of the United States. A detailed description of the Board and its components is published in the Board's internal orders, which are available for inspection and copying in the public reference room in the Washington office of the Board. The various delegations of authority from the Board and the Chairman 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 Managing 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 entire staff, is responsible for the day-to-day operation of the Board, and recommends and develops plans to achieve the Board's program objectives. Within the Office of the Managing Director are the activities which deal with general management, program analysis, legislative affairs, executive secretariat services, and FEDERAL REGISTER liaison.

(b) The Office of Public Affairs, which supplies 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 provides legal advice and assistance to the Board and its staff offices and bureaus, including policy matters; prepares Board rules, opinions and/or orders, and advice to all offices and bureaus on matters of legal significance; and represents the Board in court actions to which the Board is a party or in which the Board is interested.

(d) The Office of the Administrative Law Judges, which conducts all formal proceedings arising under Title VI of the Federal Aviation Act of 1958, including proceedings involving suspension or revocation of airman certificates and appeals from actions of the Administrator, Federal Aviation Ad

ministration, in refusing to issue airman certificates.

(e) The Bureau of Accident Investigation, which conducts all transportation accident investigations within the Board's jurisdiction; recommends to the Board whether a public hearing should be held or depositions taken to determine the facts, conditions, and circumstances of such accidents; prepares a public report on such accidents for submission to the Board, including a recommendation as to the probable cause of such accidents; initiates safety recommendations to prevent future transportation accidents; and participates in the investigation of accidents which occur in foreign countries and which involve U.S.-registered and/or U.S.-manufactured aircraft, pursuant to Annex 13 of the Chicago Convention.

(f) The Bureau of Technology, which provides technical advice and services, conducts research, and carries out analytical studies and tests on any aspect of the Board's accident investigation, accident prevention, or safety promotion activities, including safety recommendations, special studies, and special safety investigations.

(g) The Bureau of Plans and Programs, which develops accident prevention and safety promotion plans and programs; prepares periodic transportation safety reports; develops and follows up on safety recommendations; conducts special studies; plans safety communication, liaison, and coordination programs; prepares transportation safety policy proposals; recommends accident investigation selectivity factors; determines Board training plans; coordinates safety program evaluations; and analyzes proposals for regulatory changes.

(h) The Bureau of Administration, which provides administrative support for the Board in the areas of equal employment opportunity; budget and accounting; management systems, directives management, audit, and emergency preparedness; personnel and payroll; property, space, communications, facilities, and transportation management; and printing and publications, reception and mail control services, procurement and contracting, and accident inquiry services.

§ 800.3 Functions.

(a) The primary function of the Board is to promote safety in transportation. The Board is responsible for the investigation, determination of facts, conditions, and circumstances and the cause or probable cause of: All accidents involving civil aircraft; highway accidents, including railroad grade-crossing accidents, the investigation of which is selected in cooperation with the States; railroad accidents in which there is a fatality substantial property damage or which involve a passenger train; pipeline accidents in which there is a fatality or substantial property damage; and certain major marine casualties. The Board makes transportation safety recommendations to Federal, State, and local agencies, and interested persons, which recommendations are calculated to reduce the likelihood of recurrence of transportation accidents. It initiates and conducts special studies and special investigations on matters pertaining to safety in transportation, assesses techniques and methods of accident investigation, evaluates the effectiveness of transportation safety consciousness and efficacy in preventing accidents of other Government agencies, and evaluates the adequacy of safeguards and procedures concerning the transportation of hazardous materials.

(b) Upon the request of aggrieved parties, the Board reviews in quasijudicial proceedings, conducted pursuant to the provisions of the Administrative Procedure Act, 5 U.S.C. 551 et seq., 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 airman certificates. The Board also reviews on appeal the decisions of the Commandant, U.S. Coast Guard, on appeals from orders of administrative law judges suspending, revoking, or denying licenses, certificates, or documents.

(c) The Board, as provided in Part 801 of this chapter, issues reports and orders pursuant to its duties to determine the cause or probable cause of transportation accidents and to report the facts, conditions, and circum

stances relating to such accidents; issues opinions and/or orders after reveiwing on appeal the suspension, amendment modification, revocation, or denial of any certificate or license issued by the Secretary or an Administrator of the Department of Transportation; and issues and makes available to the public safety recommendations, special studies, and reports of special investigations.

§ 800.4 Operation.

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

(a) The Board's staff, consisting of specialized bureaus and offices dealing with particular areas of transportation safety and performing administrative and technical work for the Board. The staff advises the Board and performs duties for the Board that are inherent in the staff's position in the organizational structure or that the Board has delegated to it. The staff is described more fully in § 800.2.

(b) Rules published in the FEDERAL REGISTER and codified in this Title 49 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 it to make the decisions for which the Board 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 transportation accidents, including public hearings held in the course of such investigations.

(3) Regulations, including Subpart B of this part, which delegate matters to the Board's staff, and Part 801 of this chapter describing how the public may deal with the Board in obtaining information.

§ 800.5 Public hearings.

The Board holds public hearings in connection with transportation acci

dent investigations and holds public hearings and hears oral arguments in proceedings concerned with certificates or licenses issued by the Secretary or an Administrator of the Department of Transportation. They are held at the time and place announced in the notices thereof which are served on the parties to the proceedings or published in the FEDERAL REGISTER.

§ 800.6 Formal and informal submissions. (a) All formal submissions required or permitted to be made in air safety proceedings should be addressed to the Docket Clerk, National Transportation Safety Board, Trans Point Building, 2100 2nd Street, S.W., Washington, D.C. 20590, 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 regulations in this Title 49 of the Code of Federal Regulations. If the form of any document required or permitted to be filed is not prescribed, such document shall be in writing. Any other request to the Board of any kind shall be directed to the Managing Director.

§ 800.7 Office locations.

The principal offices of the National Transportation Safety Board are located at 800 Independence Avenue, S.W., Washington, D.C. 20594. The Board maintains field offices in selected cities throughout the United States.

§ 800.8 Availability of information and

materials.

Part 801 of this chapter provides detailed information concerning the availability of Board documents and records. That part also provides a fee schedule and information concerning inspection and copying.

Subpart B-Delegation of Authority to Staff Members

§ 800.21 Purpose.

The purpose of this Subpart B is to publish all delegations of authority to staff members which do not appear in other Board regulations.

§ 800.22 Delegation to the Managing Director.

The Board hereby delegates to the Managing Director the authority to:

(a) Make the final determination as to whether to withhold a Board record from inspection or copying, pursuant to Part 801 of this chapter.

(b) Approve for publication in the FEDERAL REGISTER notices concerning issuance of accident reports and safety recommendations and responses to safety recommendations, as required by sections 304(a)(2) and 307 of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(a)(2) and 1906).

(1) The Chairman delegates to the Managing Director the authority to determine upon, exercise, and carry out, subject to the direction and supervision of the Chairman, the following functions vested in the Chairman:

(1) The appointment and supervision of personnel employed by the Board;

(ii) The distribution of business among such personnel and among administrative units of the Board; and (iii) The use and expenditure of funds.

§ 800.23 Delegation to the administrative law judges, Office of Administrative Law Judges.

The Board has delegated to the administrative law judges the authority generally detailed in procedural regulation, Part 821, of this chapter.

§ 800.24 Delegation to the General Counsel.

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

(a) Approve, disapprove, or request further information concerning requests for testimony of Board employees with respect to their participation in the investigation of accidents, and, upon receipt of notice that an employee has been subpoenaed, to make ar

rangements with the court either to have the employee excused from cestifying or to give the employee permission to testify in accordance with the provisions of Part 835 of this chapter. (b) Approve or disapprove in safety enforcement proceedings, 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 §821.35 of this chapter, and raise on appeal any issue the resolution of which he deems important to the proper disposition of proceedings under § 821.35 of this chapter.

(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, and 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 administrative law judges pursuant to the request of the appellant.

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

§ 800.25 Delegation to the Director, Bureau of Accident Investigation.

The Board hereby delegates to the Director, Bureau of Accident Investigation, the authority to:

(a) Order an investigation into the facts, conditions, and circumstances, and probable cause of ail transportation accidents which the Board has authority to investigate.

(b) Disclose factual information pertinent to all accidents or incidents as provided for in Part 801 of this chapter.