DOT 49 CFR PART 800-2010 ORGANIZATION AND FUNCTIONS OF THE BOARD AND DELEGATIONS OF AUTHORITY.pdf

1、531 PART 800ORGANIZATION AND FUNCTIONS OF THE BOARD AND DELEGATIONS OF AUTHORITY Subpart AOrganization and Functions Sec. 800.1 Purpose. 800.2 Organization. 800.3 Functions. 800.4 Operation. 800.5 Office locations. 800.6 Availability of information and mate-rials. Subpart BDelegations of Authority t

2、o Staff Members 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 Directors of Office of Aviation Safety, Office of Railroad Safety, O

3、ffice of Highway Safety, Office of Marine Safety, and Office of Pipeline and Hazardous Materials Safety. 800.26 Delegation to the Chief, Public In-quiries Branch. 800.27 Delegation to investigative officers and employees of the Board. 800.28 Delegation to the Chief Financial Of-ficer. APPENDIX TO PA

4、RT 800REQUEST TO THE SEC-RETARY OF THE DEPARTMENT OF TRANS-PORTATION TO INVESTIGATE CERTAIN AIR-CRAFT ACCIDENTS 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.). SOURCE: 49 FR 26232, June 27, 1984

5、, unless otherwise noted. Subpart AOrganization and Functions 800.1 Purpose. This part describes the organization, functions, and operation of the Na-tional Transportation Safety Board (Board). 800.2 Organization. The Board consists of five Members appointed by the President with the advice and cons

6、ent 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

7、 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 de-tailed 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. Var-i

8、ous special delegations of authority from the Board and the Chairman to the staff are set forth in subpart B of this part. The Boards staff is com-prised of the following principal com-ponents: (a) The Office of the Managing Direc-tor, which assists the Chairman in the discharge of his functions as

9、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 rec-ommends and develops plans to achieve the Boards program objectives. The Office of the Managing Director also provides executive sec

10、retariat services to the Board. (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 Boards activities, programs and objectives; supplies the public, the transportation industry a

11、nd the news media with current, accurate information concerning the work, pro-grams, and objectives of the Board; co-ordinates public and private respon-sibilities, including aid to survivors and families of accident victims, in the wake of transportation disasters. This Office maintains the 24-hour

12、 Commu-nications Center, which assists in co-ordinating accident notification and launch operations for all modes and provides an off-hour base for family as-sistance functions during accident in-vestigations. (c) The Office of the General Counsel, which provides legal advice and assist-ance to the

13、Board and its staff; pre-pares Board rules, opinions and/or or-ders, and advice to all offices on mat-ters of legal significance; and rep-resents the Board in judicial matters VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00541 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DX

14、X6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-532 49 CFR Ch. VIII (10110 Edition) 800.2 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 pro-c

15、eedings arising under the Federal Aviation Act of 1958, as amended, in-cluding proceedings involving civil penalties and suspension or revocation of certificates, and appeals from ac-tions of the Federal Aviation Adminis-trator in refusing to issue airman cer-tificates. (e) The Office of Aviation Sa

16、fety, which conducts investigations of all aviation accidents within the Boards jurisdiction; prepares reports for sub-mission to the Board and release to the public setting forth the facts and cir-cumstances of such accidents, includ-ing a recommendation as to the prob-able cause(s); determines the

17、 probable cause(s) of accidents when delegated authority to do so by the Board; initi-ates safety recommendations to pre-vent future aviation accidents; partici-pates in the investigation of accidents that occur in foreign countries and in-volve U.S.-registered and/or U.S.-manu-factured aircraft; an

18、d 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 rail-road accidents within the Boards juris-diction; prepares reports for submis-sion to the Board and release to th

19、e public setting forth the facts and cir-cumstances of such accidents, includ-ing a recommendation as to the prob-able cause(s); determines the probable cause(s) of accidents when delegated authority to do so by the Board; initi-ates safety recommendations to pre-vent future railroad accidents; and

20、con-ducts special investigations into se-lected rail accidents involving safety issues of concern to the Board. (g) The Office of Highway Safety, which conducts investigations of high-way accidents, including railroad grade-crossing accidents, within the Boards jurisdiction; prepares reports for sub

21、mission 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 prob-able cause(s) of accidents when dele-gated authority to do so by the Board; initiates safety recommendations to prev

22、ent future highway accidents; and conducts special investigations into se-lected highway accidents involving safety issues of concern to the Board. (h) The Office of Marine Safety, which conducts investigations of ma-rine accidents within the Boards juris-diction; prepares reports for submis-sion to

23、 the Board and release to the public setting forth the facts and cir-cumstances of such accidents, includ-ing a recommendation as to the prob-able cause(s); determines the probable cause(s) of accidents when delegated authority to do so by the Board; initi-ates safety recommendations to pre-vent fut

24、ure marine accidents; partici-pates in the investigation of accidents that occur in foreign countries and that involve U.S.-registered vessels; and conducts special investigations into selected marine accidents involv-ing safety issues of concern to the Board. (i) The Office of Pipeline and Haz-ardo

25、us Materials Safety, which con-ducts investigations of pipeline and hazardous materials accidents within the Boards jurisdiction; prepares re-ports for submission to the Board and release to the public setting forth the facts and circumstances of such acci-dents, including a recommendation as to the

26、 probable cause(s); determines the probable causes of accidents when delegated authority to do so by the Board; initiates safety recommenda-tions to prevent future pipeline and hazardous materials accidents; and conducts special investigations into se-lected pipeline and hazardous mate-rials acciden

27、ts involving safety issues of concern to the Board. (j) The Office of Research and Engi-neering, which conducts research and carries out analytical studies and tests involving all modes, including readouts of voice and data recorders, flight path analysis and computer simulation/ani-mation, componen

28、t examination and material failure analysis; conducts safety studies of specific safety issues; performs statistical analyses of trans-portation accident and incident data; maintains archival records of the Boards accident investigation and VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm

29、00542 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-533 National Transportation Safety Board 800.4 safety promotion activities and sup-ports public access to these records;

30、 and administers the Boards informa-tion technology infrastructure, includ-ing computer systems, networks, data-bases, and application software. (k) The Office of Safety Rec-ommendations 63 FR 71605, Dec. 29, 1998; 64 FR 5621, Feb. 4, 1999 800.3 Functions. (a) The primary function of the Board is to

31、 promote safety in transpor-tation. 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- cr

32、ossing 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 substa

33、ntial property damage; and major marine casualties and marine accidents involving a pub-lic and a non-public vessel or involving Coast Guard functions. The Board makes transportation safety rec-ommendations to Federal, State, and local agencies and private organiza-tions to reduce the likelihood of

34、recurrences of transportation acci-dents. It initiates and conducts safety studies and special investigations on matters pertaining to safety in trans-portation, assesses techniques and methods of accident investigation, evaluates the effectiveness of transpor-tation safety consciousness and effi-ca

35、cy in preventing accidents of other Government agencies, and evaluates the adequacy of safeguards and proce-dures concerning the transportation of hazardous materials. (b) Upon application of affected par-ties, the Board reviews in quasijudicial proceedings, conducted pursuant to the provisions of t

36、he Administrative Proce-dure Act, 5 U.S.C. 551 et seq., denials by the Administrator of the Federal Avia-tion Administrator of applications for airman certificates and orders of the Administrator modifying, amending, suspending, or revoking certificates or imposing civil penalties. The Board also re

37、views on appeal the decisions of the Commandant, U.S. Coast Guard, on appeals from orders of administrative law judges suspending, revoking, or de-nying seamen licenses, certificates, or documents. (c) The Board, as provided in Part 801 of this chapter, issues reports and or-ders pursuant to its dut

38、ies to deter-mine the cause or probable cause or causes of transportation accidents and to report the facts, conditions and cir-cumstances relating to such accidents; issues opinions and/or orders after re-viewing on appeal the imposition of a civil penalty or the suspension, amend-ment, modificatio

39、n, revocation, or de-nial 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 pub-lic safety rec

40、ommendations, safety studies, and reports of special inves-tigations. 60 FR 61488, Nov. 30, 1995 800.4 Operation. In exercising its functions, duties, and responsibilities, the Board utilizes: (a) The Boards staff, consisting of specialized offices dealing with par-ticular areas of transportation sa

41、fety 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 staffs position in the organizational structure or that the Board has dele-gated to it. The staff is described more fully in 800.2. (b) Rules pu

42、blished in the FEDERAL REGISTER and codified in this Title 49 of the Code of Federal Regulations. These rules may be inspected in the Boards public reference room, or pur-chased from the Superintendent of Documents, Government Printing Of-fice. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000

43、Frm 00543 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-534 49 CFR Ch. VIII (10110 Edition) 800.5 (c) Procedures and policies set forth in the agencys internal directives s

44、ys-tem which govern the activities of em-ployees and organizational components of the Board. The internal directives system is designated as the NTSB Man-ual and consists of instructions which are called NTSB Orders and NTSB No-tices. (d) Meetings of the Board Members conducted pursuant to the Gover

45、nment in the Sunshine Act. (e) Public hearings in connection with transportation accident investiga-tions and public hearings and oral ar-guments in proceedings concerned with certificates or licenses issued by the Secretary or an Administrator of the Department of Transportation. They are held at t

46、he time and place an-nounced in the notices thereof which are served on the parties to the pro-ceedings or published in the FEDERAL REGISTER. 49 FR 26232, June 27, 1984, as amended at 60 FR 61489, Nov. 30, 1995 800.5 Office locations. The principal offices of the National Transportation Safety Board

47、 are lo-cated at 490 LEnfant Plaza East, SW., Washington, DC 20594. The Board main-tains field offices in selected cities throughout the United States. 60 FR 61489, Nov. 30, 1995 800.6 Availability of information and materials. Part 801 of this chapter provides de-tailed information concerning the a

48、vailability of Board documents and records. That part also provides a fee schedule and information concerning inspection and copying. Subpart BDelegations of Authority to Staff Members 800.21 Purpose. The purpose of this Subpart B is to publish special delegations of author-ity to staff members. 60

49、FR 61489, Nov. 30, 1995 800.22 Delegation to the Managing Director. (a) The Board delegates to the Man-aging Director the authority to: (1) Make the final determination, on appeal, as to whether to withhold a Board record from inspection or copy-ing, pursuant to Part 801 of this chap-ter. (2) Approve for publication in the FEDERAL REGISTER notices concerning issuance of accident reports and safety recommendations and responses to safety recommend