[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]
[[Page 71605]]
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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
