[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Rules and Regulations]
[Pages 61487-61490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29227]



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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 800


Organization and Functions of the Board and Delegations of 
Authority

AGENCY: National Transportation Safety Board.

ACTION: Final rules.

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SUMMARY: The Board is updating various organizational rules to reflect 
current operations.

EFFECTIVE DATE: January 2, 1996.

FOR FURTHER INFORMATION CONTACT: Jane F. Mackall, (202) 382-6540.

SUPPLEMENTARY INFORMATION: The current rules, at 49 CFR Part 800, have 
not been updated since June 27, 1984. The changes adopted here reflect 
the current functioning of the various offices at the Board. Because 
these rule 

[[Page 61488]]
changes affect only internal ``rules of agency organization procedure 
or practice,'' notice and comment procedures are not required and are 
not provided here. 5 U.S.C. 553(b)(B).

List of Subjects in 49 CFR Part 800

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

Organization and Functions of the Board and Delegations of 
Authority

    1. The Authority citation for Part 800 continues to read as 
follows:

    Authority: Independent Safety Board Act of 1974, as amended (49 
U.S.C. 1101 et seq.); Federal Aviation Act of 1958, as amended (49 
U.S.C. 40101 et seq.).

    2. Section 800.2 is revised to read as follows:


Sec. 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 with the advice and consent of the Senate, 
and one was Vice Chairman. The Members exercise various functions, 
powers and duties set forth in Titles VI and VII of the Federal 
Aviation Act of 1958 (49 U.S.C. 44101-46501), and the Independent 
Safety Board Act of 1974 (88 Stat. 2166 et seq. (49 U.S.C. 1101 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. Various special delegations of authority from the Board and the 
Chairman to the staff are set forth in Subpart B of this part. The 
Board's staff is comprised of the following principal components:
    (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 staff; is 
responsible for the day-to-day operation of the Board; and recommends 
and develops plans to achieve the Board's program objectives. The 
Office of the Managing Director also provides executive secretariat 
services to the Board.
    (b) The Office of Public Affairs, which supplies the public, the 
transportation industry and the news media, with current, accurate 
information concerning the work, programs, and objectives of the Board.
    (c) The Office of Government Affairs, which supplies the Congress 
and Federal, State and local government agencies with information 
regarding the Safety Board's activities, programs and objectives.
    (d) The Office of the General Counsel, which provides legal advice 
and assistance to the Board and its staff components; 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.
    (e) The Office of Administrative Law Judges, which conducts all 
formal proceedings arising under the Federal Aviation Act of 1958, as 
amended, including proceedings involving civil penalties and suspension 
or revocation of certificates, and appeals from actions of the 
Administrator in refusing to issue airman certificates.
    (f) The Office of Aviation Safety, which conducts investigations of 
all aviation accidents within the Board's jurisdiction; prepares 
reports for submission to the Board and release to the public setting 
forth the facts and circumstances of such accidents, including a 
recommendation as to the probable cause(s); determines the probable 
cause(s) of accidents when delegated authority to do so by the Board; 
initiates safety recommendations to prevent future aviation accidents; 
participates in the investigation of accidents that occur in foreign 
countries and involve U.S.-registered and/or U.S.-manufactured 
aircraft; and conducts special investigations into selected aviation 
accidents involving safety issues of concern to the Board.
    (g) The Office of Surface Transportation Safety, which conducts 
investigations of highway, railroad, pipeline, and marine accidents 
within the Board's jurisdiction; prepares reports for submission to the 
Board and release to the public setting forth the facts and 
circumstances of such accidents, including a recommendation as to the 
probable cause(s); determines the probable cause(s) of accidents when 
delegated authority to do so by the Board; initiates safety 
recommendations to prevent future surface transportation accidents; 
participates in the investigation of accidents that occur in foreign 
countries and involve U.S.-registered vessels; and conducts special 
investigations into selected surface accidents involving safety issues 
of concern to the Board.
    (h) The Office of Safety Recommendations, which oversees the 
Board's safety recommendations program, including the Board's ``MOST 
WANTED'' recommendations.
    (i) The Office of Research and Engineering, which provides 
technical advice and services; conducts research and carries out 
analytical studies and tests on all aspects of the Board's accident 
investigation, accident prevention and safety promotion activities; 
conducts safety studies of specific safety issues; performs statistical 
analyses of transportation accident and incident data; maintains 
archival records of the Board's accident investigation and safety 
promotion activities and supports public access to these records; and 
supports the Board's data processing, computing and information 
management requirements.
    (j) The Office of Administration, which provides administrative 
support for the Board in the following areas: budget, accounting and 
audit; personnel, training and payroll; information management and 
automatic data processing; property, space, communications, facilities 
and transportation management; and printing, publications, mail, 
procurement, contracting, and accident inquiry services.
    3. Section 800.3 is revised to read as follows:


Sec. 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 or causes of: all accidents involving civil aircraft, 
and certain public 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, significant 
injury to the environment, or substantial property damage; and major 
marine casualties and marine accidents involving a public and a non-
public vessel or involving Coast Guard functions. The Board makes 
transportation safety recommendations to Federal, State, and local 
agencies and private organizations to reduce the likelihood of 
recurrences of transportation accidents. It initiates and conducts 
safety 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 

[[Page 61489]]
and procedures concerning the transportation of hazardous materials.
    (b) Upon application of affected 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 Administrator of applications for 
airman certificates and orders of the Administrator modifying, 
amending, suspending, or revoking certificates or imposing civil 
penalties. 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 seamen 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 or causes of transportation accidents and to report the 
facts, conditions and circumstances relating to such accidents; issues 
opinions and/or orders after reviewing on appeal the imposition of a 
civil penalty or the suspension, amendment, modification, revocation, 
or denial of any certificate or license issued by the Secretary of the 
Department of Transportation (who acts through the Administrator of the 
Federal Aviation Administration or the Commandant of the United States 
Coast Guard); and issues and makes available to the public safety 
recommendations, safety studies, and reports of special investigations.
    4. Section 800.4 is amended by revising paragraph (a) to read as 
follows:


Sec. 800.4   Operation.

* * * * *
    (a) The Board's staff, consisting of specialized 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 Sec. 800.2.
* * * * *
    5. Section 800.5 is revised to read as follows:


Sec. 800.5   Office locations.

    The principal offices of the National Transportation Safety Board 
are located at 490 L'Enfant Plaza East, SW., Washington, DC 20594. The 
Board maintains field offices in selected cities throughout the United 
States.
    6. Section 800.21 is revised to read as follows:


Sec. 800.21   Purpose.

    The purpose of this Subpart B is to publish special delegations of 
authority to staff members.
    7. Section 800.22 is revised to read as follows:


Sec. 800.22   Delegation to the Managing Director.

    (a) The Board delegates to the Managing Director the authority to:
    (1) Make the final determination, on appeal, as to whether to 
withhold a Board record from inspection or copying, pursuant to Part 
801 of this chapter.
    (2) 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. 1131(d) 
and 1135(c)).
    (b) The Chairman delegates to the Managing Director the authority 
to 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;
    (2) The distribution of business among such personnel and among 
organizational components of the Board; and
    (3) The use and expenditure of funds.
    8. Section 800.23 is revised to read as follows:


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

    The Board delegates to the administrative law judges the authority 
generally detailed in its procedural regulations at Part 821 of this 
chapter.
    9. Section 800.24 is revised to read as follows:


Sec. 800.24   Delegation to the General Counsel.

    The Board delegates to the General Counsel the authority to:
    (a) Approve, disapprove, request more information, or otherwise 
handle 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 arrangements with 
the court either to have the employee excused from testifying 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 extensions of time or for other changes 
in procedural requirements subsequent to the initial decision, grant or 
deny requests to file additional and/or amicus briefs pursuant to 
Secs. 821.9 and 821.48 of this Chapter, and raise on appeal any issue 
the resolution of which he deems important to the proper disposition of 
proceedings under Sec. 821.49 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 or declining to stay, pending judicial 
review, orders of the Board suspending or revoking 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 The Independent Safety Board Act of 1974, as amended, 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 or, 
where the request is consensual, at the request of any party.
    (h) Correct Board orders by eliminating typographical, grammatical, 
and similar errors, and make editorial changes therein not involving 
matters of substance.
    (i) Take such action as appropriate or necessary adequately to 
compromise, settle, or otherwise represent the Board's interest in 
judicial or administrative actions to which the Board is a party or in 
which the Board is interested.
    10. Section 800.25 is revised to read as follows:


Sec. 800.25  Delegation to the Directors of Office of Aviation Safety 
and Office of Surface Transportation.

    The Board delegates to the Directors, Office of Aviation and Office 
of Surface Transportation, the authority to:
    (a) Order an investigation into the facts, conditions, and 
circumstances of accidents that 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.
    (c) Determine the probable cause(s) of accidents in which the 
determination is issued in the ``Brief of Accident'' format, except 
that the Office Director will submit the findings of the accident 
investigation to the Board for 

[[Page 61490]]
determination of the probable cause(s) when (1) any Board Member so 
requests, (2) it appears to the Office Director that, because of 
significant public interest, a policy issue, or a safety issue of other 
matter, the determination of the probable cause(s) should be made by 
the Board, or (3) the accident investigation will be used to support 
findings in a special investigation or study. Provided, that a petition 
for reconsideration or modification of a determination of the probable 
cause(s) made under Sec. 845.41 of this Chapter shall be acted on by 
the Board.
    (d) Consistent with Board resources, investigate accidents as 
provided under Sec. 304(a) of the Independent Safety Board Act of 1974, 
as amended (49 U.S.C. 1131(a)) and the Appendix to this Part.
    11. Section 800.26 is revised to read as follows:


Sec. 800.26  Delegation to the Director, Office of Administration.

    The Board delegates to the Director, Office of Administration, the 
authority to:
    (a) Determine, initially, the withholding of a Board record from 
inspection or copying, pursuant to Part 801 of this Chapter.
    (b) Settle claims for money damages of $2,500 or less against the 
United States arising under Section 2672 of 28 United States Code (the 
Federal Tort Claims Act) because of acts or omissions of Board 
employees.
    12. Section 800.27 is revised to read as follows:


Sec. 800.27  Delegation to investigative officers and employees of the 
Board.

    The Board delegates to any officer or employee of the Board 
designated by the Chairman of the Safety Board the authority to sign 
and issue subpoenas, and administer oaths and affirmations, and to take 
depositions or cause them to be taken in connection with the 
investigation of transportation accidents or incidents.


Sec. 800.28  [Removed]

    13. Section 800.28 is removed.

    Issued in Washington, DC, this 27th day of November 1995.
Jim Hall,
Chairman.
[FR Doc. 95-29227 Filed 11-29-95; 8:45 am]
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