[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Rules and Regulations]
[Pages 71605-71606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34092]



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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Parts 800 and 831


Organization of the Board and Accident/Incident Investigation 
Procedures

AGENCY: National Transportation Safety Board.

ACTION: Final rules.

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SUMMARY: The Board is correcting minor typographical errors and making 
other non-substantive changes primarily to update these rules to 
reflect the Board's current organization.

DATES: The new rules are effective January 28, 1999.

FOR FURTHER INFORMATION CONTACT:
Jane F. Mackall, (202) 314-6080.

SUPPLEMENTARY INFORMATION: The existing rules at parts 800 and 831 
contain a small number of typographical errors that, although likely 
mislead no one, merit correction.\1\ Other amendments contained here 
reflect recent organizational changes to eliminate the Office of 
Administration, consolidate the Offices of Public Affairs and 
Government Affairs and include family affairs matters in this office as 
well, and to separate the Office of Surface Transportation Safety into 
modal offices for railroad, highway, marine, and pipeline/hazardous 
materials matters. As all the changes are of agency organization only 
and none has substantive effect on the public, notice and comment are 
not necessary.
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    \1\ That is, (1) in Sec. 800.2, ``was'' should be ``as;'' (2) in 
the Appendix to part 800, paragraph (b), ``serial'' should be 
``aerial;'' and in Sec. 831.11(a)(2), ``actively'' should be 
``activity.''
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List of Subjects

49 CFR Part 800

    Authority delegations, Organization and functions.

49 CFR Part 831

    Aviation safety, Highway safety, Investigations, Marine safety, 
Pipeline safety, Railroad safety.
    Accordingly, 49 CFR Parts 800 and 831 are amended as follows:

PART 800--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.).

    Section 800.2 is amended by revising the introductory text, 
revising paragraphs (b) through (j) and adding paragraph (k)


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 as Vice Chairman. The Members exercise various functions, 
powers, and duties set forth in the Federal Aviation Act of 1958, as 
amended (49 U.S.C. 40101 et seq.), and the Independent Safety Board Act 
of 1974, as amended (49 U.S.C. 1101 et seq.). The Board is an 
independent agency of the United States. More detailed descriptions of 
the Board and its work are contained in other parts of this chapter 
VIII, notably parts 825, 830 through 835, and 840 through 850. 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:
* * * * *
    (b) The Office of Government, Public, and Family Affairs, which 
supplies the Congress and Federal, State, and local government agencies 
with information regarding the Safety Board's activities, programs and 
objectives; supplies the public, the transportation industry and the 
news media with current, accurate information considering the work, 
programs, and objectives of the Board; coordinates public and private 
responsibilities, including aid to survivors and families of accident 
victims, in the wake of transportation disasters. This Office maintains 
the 24-hour Communications Center, which assists in coordinating 
accident notification and launch operations for all modes and provides 
an off-hour base for family assistance functions during accident 
investigations.
    (c) The Office of the General Counsel, which provides legal advice 
and assistance to the Board and its staff; prepares Board rules, 
opinions and/or orders, and advice to all offices on matters of legal 
significance; and represents the Board in judicial matters to which the 
Board is a party or in which the Board is interested.
    (d) 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 Federal 
Aviation Administration Administrator in refusing to issue airman 
certificates.
    (e) 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.
    (f) The Office of Railroad Safety, which conducts investigations of 
railroad 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 railroad accidents; and 
conducts special investigations into selected rail accidents involving 
safety issues of concern to the Board.
    (g) The Office of Highway Safety, which conducts investigations of 
highway accidents, including railroad grade-crossing 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 highway accidents; and conducts special investigations into 
selected highway accidents involving safety issues of concern to the 
Board.
    (h) The Office of Marine Safety, which conducts investigations of 
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 marine accidents; participates 
in the investigation of

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accidents that occur in foreign countries and that involve U.S.-
registered vessels; and conducts special investigations into selected 
marine accidents involving safety issues of concern to the Board.
    (i) The Office of Pipeline and Hazardous Materials Safety, which 
conducts investigations of pipeline and hazardous materials 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 causes of accidents when 
delegated authority to do so by the Board; initiates safety 
recommendations to prevent future pipeline and hazardous materials 
accidents; and conducts special investigations into selected pipeline 
and hazardous materials accidents involving safety issues of concern to 
the Board.
    (j) The Office of Research and Engineering, which conducts research 
and carries out analytical studies and tests involving all modes, 
including readouts of voice and date recorders, flight path analysis 
and computer simulation/animation, component examination and material 
failure analysis; 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 administers the Board's information technology 
infrastructure, including computer systems, networks, databases, and 
application software.
    (k) The Office of Safety Recommendations & Accomplishments, which 
oversees the Board's safety recommendations program, including the 
Board's ``MOST WANTED'' recommendations, and the Board's safety 
accomplishment program.
    3. Section 800.24 is amended by adding paragraph (j) to read as 
follows:


Sec. 800.24  Delegation to the General Counsel.

* * * * *
    (j) Dismiss late filed notices of appeal and appeal briefs for lack 
of good cause.
    4. Section 800.25 is amended by revising the section heading and 
the introductory text to read as follows:


Sec. 800.25  Delegation to the Directors of Office of Aviation Safety, 
Office of Railroad Safety, Office of Highway Safety, Office of Marine 
Safety, and Office of Pipeline and Hazardous Materials Safety.

    The Board delegates to the Directors of the Offices of Aviation, 
Railroad, Highway, Marine, and Pipeline and Hazardous Materials Safety, 
the authority to:
* * * * *
    5. Section 800.26 is revised to read as follows:


Sec. 800.26  Delegation to the Chief, Public Inquiries Branch.

    The Board delegates to the Chief, Public Inquiries Branch, the 
authority to determine, initially, the withholding of a board record 
from inspection or copying, pursuant to part 801 of this chapter.
    6. A new section 800.28 is added to read as follows:


Sec. 800.28  Delegation to the Chief Financial Officer.

    The Board delegates to the Chief Financial Officer the authority to 
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.
    7. The Appendix to part 800 is amended by revising paragraph (b) 
introductory text to read as follows:

Appendix to Part 800--Request to the Secretary of the Department of 
Transportation To Investigate Certain Aircraft Accidents

* * * * *
    (b) the authority to be exercised hereunder 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 except:
* * * * *

PART 831--ACCIDENT/INCIDENT INVESTIGATION PROCEDURES

    8. The Authority citation for Part 831 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.).

    9. Section 831.3 is revised to read as follows:


Sec. 831.3  Authority of Directors..

    The Directors, Office of Aviation Safety, Office of Railroad 
Safety, Office of Highway Safety, Office of Marine Safety, and Office 
of Pipeline and Hazardous Materials Safety, subject to the provisions 
of Sec. 831.2 and part 800 of this chapter, may order an investigation 
into any accident or incident.
    10. Section 831.11 is amended by revising paragraph (a)(2) to read 
as follows:


Sec. 831.11  Parties to the investigation.

    (a) * * *
    (2) Participants in the investigation (i.e., party representatives, 
party coordinators, and/or the larger party organization) shall be 
responsive to the direction of Board representatives and may lose party 
status if they do not comply with their assigned duties and activity 
proscriptions or instructions, or if they conduct themselves in a 
manner prejudicial to the investigation.
* * * * *
    Issued in Washington, DC this 18th day of December, 1998.
Jim Hall,
Chairman.
[FR Doc. 98-34092 Filed 12-28-98; 8:45 am]
BILLING CODE 7533-01-M