1、598 49 CFR Ch. VIII (10110 Edition) 826.38 special circumstances make an award unjust. 826.38 Board review. Either the applicant or agency coun-sel may seek review of the initial deci-sion on the fee application, or the Board may decide to review the deci-sion on its own initiative, in accord-ance w
2、ith subpart H of part 821 for FAA safety enforcement matters appealed under section 609 of the Federal Avia-tion Act. If neither the applicant nor agency counsel seeks review and the Board does not take review on its own initiative, the initial decision on the application shall become a final deci-s
3、ion of the Board 30 days after it is issued. Whether to review a decision is a matter within the discretion of the Board. If review is taken, the Board will issue a final decision on the appli-cation or remand the application to the administrative law judge who issued the initial fee award determina
4、tion for further proceedings. 826.39 Judicial review. Judicial review of final Board deci-sions on awards may be sought as pro-vided in 5 U.S.C. 504(c)(2). 826.40 Payment of award. An applicant seeking payment of an award shall submit to the disbursing official of the FAA a copy of the Boards final
5、decision granting the award, accompanied by a statement that the applicant will not seek review of the decision in the United States courts. Applications for award grants in cases involving the FAA shall be sent to: The Office of Accounting and Audit, AAA1, Federal Aviation Ad-ministration, 800 Inde
6、pendence Avenue, SW., Washington, DC 20591. The agency will pay the amount awarded to the ap-plicant within 60 days, unless judicial review of the award or of the under-lying decision of the adversary adju-dication has been sought by the appli-cant or any other party to the pro-ceeding. PART 830NOTI
7、FICATION AND RE-PORTING OF AIRCRAFT ACCI-DENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRES-ERVATION OF AIRCRAFT WRECK-AGE, MAIL, CARGO, AND RECORDS Subpart AGeneral Sec. 830.1 Applicability. 830.2 Definitions. Subpart BInitial Notification of Aircraft Accidents, Incidents, and Overdue Aircraft 830.5
8、 Immediate notification. 830.6 Information to be given in notifica-tion. Subpart CPreservation of Aircraft Wreckage, Mail, Cargo, and Records 830.10 Preservation of aircraft wreckage, mail, cargo, and records. Subpart DReporting of Aircraft Accidents, Incidents, and Overdue Aircraft 830.15 Reports a
9、nd statements to be filed. AUTHORITY: Independent Safety Board Act of 1974, as amended (49 U.S.C. 11011155); Fed-eral Aviation Act of 1958, Public Law 85726, 72 Stat. 731 (codified as amended at 49 U.S.C. 40101). SOURCE: 53 FR 36982, Sept. 23, 1988, unless otherwise noted. Subpart AGeneral 830.1 App
10、licability. This part contains rules pertaining to: (a) Initial notification and later re-porting of aircraft incidents and acci-dents and certain other occurrences in the operation of aircraft, wherever they occur, when they involve civil air-craft of the United States; when they involve certain pu
11、blic aircraft, as spec-ified in this part, wherever they occur; and when they involve foreign civil air-craft where the events occur in the United States, its territories, or its possessions. (b) Preservation of aircraft wreckage, mail, cargo, and records involving all civil and certain public aircr
12、aft acci-dents, as specified in this part, in the VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00608 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-599 Nationa
13、l Transportation Safety Board 830.2 United States and its territories or possessions. 60 FR 40112, Aug. 7, 1995 830.2 Definitions. As used in this part the following words or phrases are defined as follows: Aircraft accident means an occurrence associated with the operation of an air-craft which tak
14、es place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or seri-ous injury, or in which the aircraft re-ceives substantial damage. Civil aircraft means any aircraft other than a public aircraft
15、. Fatal injury means any injury which results in death within 30 days of the accident. Incident means an occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations. Operator means any person who causes or authorizes the ope
16、ration of an aircraft, such as the owner, lessee, or bailee of an aircraft. Public aircraft means an aircraft used only for the United States Govern-ment, or an aircraft owned and oper-ated (except for commercial purposes) or exclusively leased for at least 90 continuous days by a government other t
17、han the United States Government, including a State, the District of Co-lumbia, a territory or possession of the United States, or a political subdivi-sion of that government. Public air-craft does not include a government- owned aircraft transporting property for commercial purposes and does not in
18、clude a government-owned aircraft transporting passengers other than: transporting (for other than commer-cial purposes) crewmembers or other persons aboard the aircraft whose pres-ence is required to perform, or is asso-ciated with the performance of, a gov-ernmental function such as fire-fighting,
19、 search and rescue, law en-forcement, aeronautical research, or biological or geological resource man-agement; or transporting (for other than commercial purposes) persons aboard the aircraft if the aircraft is op-erated by the Armed Forces or an in-telligence agency of the United States. Notwithsta
20、nding any limitation relat-ing to use of the aircraft for commer-cial purposes, an aircraft shall be con-sidered to be a public aircraft without regard to whether it is operated by a unit of government on behalf of an-other unit of government pursuant to a cost reimbursement agreement, if the unit o
21、f government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation was necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator w
22、as reasonably available to meet the threat. Serious injury means any injury which: (1) Requires hospitalization for more than 48 hours, commencing with-in 7 days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) c
23、auses severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third- degree burns, or any burns affecting more than 5 percent of the body sur-face. Substantial damage means damage or failure which adversely affects the structural strength, per
24、formance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the af-fected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin
25、 or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered substantial damage for the purpose of this part. 53 FR 36982, Sept. 23, 1988, as amended at 60 FR 40112, Aug. 7, 1995 EFFECTIVE DATE NO
26、TE: At 75 FR 51955, Aug. 24, 2010, 830.2 was amended by adding the following sentence at the end of the defini-tion of Aircraft accident and adding a new definition of Unmanned aircraft accident, effective Oct. 25, 2010. For the convenience of the user, the added text is set forth as fol-lows: VerDa
27、te Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00609 Fmt 8010 Sfmt 8003 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-600 49 CFR Ch. VIII (10110 Edition) 830.5 1NTSB regional offices a
28、re located in the following cities: Anchorage, Alaska; Atlanta, Georgia; West Chicago, Illinois; Denver, Col-orado; Arlington, Texas; Gardena (Los Ange-les), California; Miami, Florida; Seattle, Washington; and Ashburn, Virginia. In addi-tion, NTSB headquarters is located at 490 LEnfant Plaza, SW.,
29、Washington, DC 20594. Contact information for these offices is available at http:/www.ntsb.gov. 830.2 Definitions * * * * * Aircraft accident * * * For purposes of this part, the definition of aircraft accident in-cludes unmanned aircraft accident, as de-fined herein. * * * * * Unmanned aircraft acc
30、ident means an occur-rence associated with the operation of any public or civil unmanned aircraft system that takes place between the time that the system is activated with the purpose of flight and the time that the system is deacti-vated at the conclusion of its mission, in which: (1) Any person s
31、uffers death or serious in-jury; or (2) The aircraft has a maximum gross take-off weight of 300 pounds or greater and sus-tains substantial damage. Subpart BInitial Notification of Aircraft Accidents, Incidents, and Overdue Aircraft 830.5 Immediate notification. The operator of any civil aircraft, o
32、r any public aircraft not operated by the Armed Forces or an intelligence agen-cy of the United States, or any foreign aircraft shall immediately, and by the most expeditious means available, no-tify the nearest National Transpor-tation Safety Board (NTSB) office1when: (a) An aircraft accident or an
33、y of the following listed serious incidents occur: (1) Flight control system malfunc-tion or failure; (2) Inability of any required flight crewmember to perform normal flight duties as a result of injury or illness; (3) Failure of any internal turbine en-gine component that results in the es-cape of
34、 debris other than out the ex-haust path; (4) In-flight fire; (5) Aircraft collision in flight; (6) Damage to property, other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of total loss, whichever is less. (7) For large mu
35、ltiengine aircraft (more than 12,500 pounds maximum certificated takeoff weight): (i) In-flight failure of electrical sys-tems which requires the sustained use of an emergency bus powered by a back-up source such as a battery, aux-iliary power unit, or air-driven gener-ator to retain flight control
36、or essen-tial instruments; (ii) In-flight failure of hydraulic sys-tems that results in sustained reliance on the sole remaining hydraulic or me-chanical system for movement of flight control surfaces; (iii) Sustained loss of the power or thrust produced by two or more en-gines; and (iv) An evacuati
37、on of an aircraft in which an emergency egress system is utilized. (8) Release of all or a portion of a propeller blade from an aircraft, ex-cluding release caused solely by ground contact; (9) A complete loss of information, excluding flickering, from more than 50 percent of an aircrafts cockpit di
38、s-plays known as: (i) Electronic Flight Instrument Sys-tem (EFIS) displays; (ii) Engine Indication and Crew Alerting System (EICAS) displays; (iii) Electronic Centralized Aircraft Monitor (ECAM) displays; or (iv) Other displays of this type, which generally include a primary flight dis-play (PFD), p
39、rimary navigation display (PND), and other integrated displays; (10) Airborne Collision and Avoidance System (ACAS) resolution advisories issued either: (i) When an aircraft is being operated on an instrument flight rules flight plan and compliance with the advisory is necessary to avert a substanti
40、al risk of collision between two or more air-craft; or (ii) To an aircraft operating in class A airspace. (11) Damage to helicopter tail or main rotor blades, including ground VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00610 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DX
41、X6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-601 National Transportation Safety Board 830.15 2Forms are available from the Board field offices (see footnote 1), from Board head-quarters in Washington, DC, and from the Federal Avia
42、tion Administration Flight Standards District Offices. damage, that requires major repair or replacement of the blade(s); (12) Any event in which an operator, when operating an airplane as an air carrier at a public-use airport on land: (i) Lands or departs on a taxiway, in-correct runway, or other
43、area not de-signed as a runway; or (ii) Experiences a runway incursion that requires the operator or the crew of another aircraft or vehicle to take immediate corrective action to avoid a collision. (b) An aircraft is overdue and is be-lieved to have been involved in an acci-dent. 53 FR 36982, Sept.
44、 23, 1988, as amended at 60 FR 40113, Aug. 7, 1995; 75 FR 927, Jan. 7, 2010; 75 FR 35330, June 22, 2010 830.6 Information to be given in noti-fication. The notification required in 830.5 shall contain the following informa-tion, if available: (a) Type, nationality, and registra-tion marks of the air
45、craft; (b) Name of owner, and operator of the aircraft; (c) Name of the pilot-in-command; (d) Date and time of the accident; (e) Last point of departure and point of intended landing of the aircraft; (f) Position of the aircraft with ref-erence to some easily defined geo-graphical point; (g) Number
46、of persons aboard, num-ber killed, and number seriously in-jured; (h) Nature of the accident, the weath-er and the extent of damage to the air-craft, so far as is known; and (i) A description of any explosives, radioactive materials, or other dan-gerous articles carried. Subpart CPreservation of Air
47、-craft Wreckage, Mail, Cargo, and Records 830.10 Preservation of aircraft wreckage, mail, cargo, and records. (a) The operator of an aircraft in-volved in an accident or incident for which notification must be given is re-sponsible for preserving to the extent possible any aircraft wreckage, cargo,
48、and mail aboard the aircraft, and all records, including all recording medi-ums of flight, maintenance, and voice recorders, pertaining to the operation and maintenance of the aircraft and to the airmen until the Board takes cus-tody thereof or a release is granted pursuant to 831.12(b) of this chap
49、ter. (b) Prior to the time the Board or its authorized representative takes cus-tody of aircraft wreckage, mail, or cargo, such wreckage, mail, or cargo may not be disturbed or moved except to the extent necessary: (1) To remove persons injured or trapped; (2) To protect the wreckage from fur-ther damage; or (3) To protect the public from injury. (c) Where it is necessary to move air-craft wreckage, mail or cargo, sketches, d
