1、611 National Transportation Safety Board 840.2 837.3 Published reports, material contained in the public accident in-vestigation dockets, and accident database data. (a) Demands for material contained in the NTSBs official public docket files of its accident investigations, or its computerized accid
2、ent database(s) shall be submitted, in writing, to the Public Inquiries Branch. Demands for specific published reports and studies should be submitted to the National Technical Information Service. The Board does not maintain stock of these items. Demands for information col-lected in particular acc
3、ident investiga-tions and made a part of the public docket should be submitted to the Pub-lic Inquiries Branch or, directly, to our contractor. For information regarding the types of documents routinely issued by the Board, see 49 CFR part 801. (b) No subpoena shall be issued to ob-tain materials su
4、bject to this para-graph, and any subpoena issued shall be required to be withdrawn prior to release of the requested information. Payment of reproduction fees may be required in advance. 837.4 Other material. (a) Production prohibited unless ap-proved. Except in the case of the mate-rial referenced
5、 in 837.3, no employee or former employee of NTSB shall, in response to a demand of a private liti-gant, court, or other authority, produce any material contained in the files of the NTSB (whether or not agen-cy records under 5 U.S.C. 552) or produce any material acquired as part of the performance
6、of the persons offi-cial duties or because of the persons official status, without the prior writ-ten approval of the General Counsel. (b) Procedures to be followed for the production of material under this para-graph. (1) All demands for material shall be submitted to the General Counsel at NTSB he
7、adquarters, Wash-ington, DC 20594. If an employee re-ceives a demand, he shall forward it immediately to the General Counsel. (2) Each demand must contain an af-fidavit by the party seeking the mate-rial or his attorney setting forth the material sought and its relevance to the proceeding, and conta
8、ining a cer-tification, with support, that the infor-mation is not available from other sources, including Board materials de-scribed in 837.3 and part 801 of this chapter. (3) In the absence of General Counsel approval of a demand, the employee is not authorized to comply with the de-mand. (4) The
9、General Counsel shall advise the requester of approval or denial of the demand, and may attach whatever conditions to approval considered ap-propriate or necessary to promote the purposes of this part. The General Counsel may also permit exceptions to any requirement in this part when nec-essary to
10、prevent a miscarriage of jus-tice, or when the exception is in the best interests of the NSTB and/or the United States. PART 840RULES PERTAINING TO NOTIFICATION OF RAILROAD ACCIDENTS Sec. 840.1 Applicability. 840.2 Definitions. 840.3 Notification of railroad accidents. 840.4 Information to be given
11、in notifica-tion. 840.5 Inspection, examination and testing of physical evidence. 840.6 Priority of Board investigations. AUTHORITY: Sec. 304(a)(1)(c), Independent Safety Board Act of 1974, as amended (49 U.S.C. 1903). 840.1 Applicability. This part contains the Safety Boards accident notification r
12、equirements, and its authority for inspection, exam-ination, and testing of physical evi-dence, and describes the exercise of the Safety Boards priority accorded to its activities when investigating railroad accidents. 47 FR 49408, Nov. 1, 1982 840.2 Definitions. As used in this part, the following
13、words or phrases are defined as follows: (a) Railroad means any system of sur-face transportation of persons or prop-erty over rails. It includes, but is not limited to, line-haul freight and pas-senger-carrying railroads, and rapid VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00621 Fm
14、t 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-612 49 CFR Ch. VIII (10110 Edition) 840.3 transit, commuter, scenic, subway, and elevated railways. (b) Accident means any colli
15、sion, de-railment, or explosion involving rail-road trains, locomotives, and cars; or any other loss-causing event involving the operation of such railroad equip-ment that results in a fatality to a pas-senger or employee, or the emergency evacuation of persons. (c) Joint operations means rail oper-
16、ations conducted on a track used joint-ly or in common by two or more rail-roads subject to this part, or operation of a train, locomotive, or car by one railroad over the track of another rail-road. (d) Fatality means the death of a per-son either at the time an accident oc-curs or within 24 hours
17、thereafter. 41 FR 13925, Apr. 1, 1976, as amended at 47 FR 49408, Nov. 1, 1982 840.3 Notification of railroad acci-dents. The operator of a railroad shall no-tify the Board by telephoning the Na-tional Response Center at telephone 8004240201 at the earliest practicable time after the occurrence of a
18、ny one of the following railroad accidents: (a) No later than 2 hours after an ac-cident which results in: (1) A passenger or employee fatality or serious injury to two or more crew-members or passengers requiring ad-mission to a hospital; (2) The evacuation of a passenger train; (3) Damage to a tan
19、k car or container resulting in release of hazardous mate-rials or involving evacuation of the general public; or (4) A fatality at a grade crossing. (b) No later than 4 hours after an ac-cident which does not involve any of the circumstances enumerated in para-graph (a) of this section but which re
20、-sults in: (1) Damage (based on a preliminary gross estimate) of $150,000 or more for repairs, or the current replacement cost, to railroad and nonrailroad prop-erty; or (2) Damage of $25,000 or more to a passenger train and railroad and non-railroad property. (c) Accidents involving joint oper-atio
21、ns must be reported by the railroad that controls the track and directs the movement of trains where the accident has occurred. (d) Where an accident for which noti-fication is required by paragraph (a) or (b) of this section occurs in a remote area, the time limits set forth in that paragraph shall
22、 commence from the time the first railroad employee who was not at the accident site at the time of its occurrence has received notice thereof. 53 FR 49152, Dec. 6, 1988 840.4 Information to be given in noti-fication. The notice required by 840.3 shall in-clude the following information: (a) Name an
23、d title of person report-ing. (b) Name of railroad. (c) Location of accident (relate to nearest city). (d) Time and date of accident. (e) Description of accident. (f) Casualties: (1) Fatalities. (2) Injuries. (g) Property damage (estimate). (h) Name and telephone number of person from whom additiona
24、l informa-tion may be obtained. 41 FR 13925, Apr. 1, 1976 840.5 Inspection, examination and testing of physical evidence. (a) Any employee of the Safety Board, upon presenting appropriate credentials is authorized to enter any property wherein a transportation ac-cident has occurred or wreckage from
25、 any such accident is located and do all things necessary for proper investiga-tion, including examination or testing of any vehicle, rolling stock, track, or any part of any part of any such item when such examination or testing is determined to be required for purposes of such investigation. (b) A
26、ny examination or testing shall be conducted in such a manner so as not to interfere with or obstruct un-necessarily the transportation services provided by the owner or operator of such vehicle, rolling stock, or track, and shall be conducted in such a man-ner so as to preserve, to the maximum exte
27、nt feasible, any evidence relating VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00622 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-613 National Transportatio
28、n Safety Board 845.2 to the transportation accident, con-sistent with the needs of the investiga-tion and with the cooperation of such owner or operator. The employee may inspect, at reasonable times, records, files, papers, processes, controls, and facilities relevant to the investigation of such a
29、ccident. Each inspection shall be commenced and completed promptly and the results of such inspection, ex-amination, or test made available to the parties. 47 FR 49408, Nov. 1, 1982 840.6 Priority of Board investiga-tions. Any investigation of an accident con-ducted by the Safety Board shall have pr
30、iority over all other investigations of such accident conducted by other Fed-eral agencies. The Safety Board shall provide for the appropriate participa-tion by other Federal agencies in any such investigation, except that such agencies may not participate in the Safety Boards determination of the p
31、robable cause of the accident. Nothing in this section impairs the authority of other Federal agencies to conduct in-vestigations of an accident under appli-cable provisions of law or to obtain in-formation directly from parties in-volved in, and witnesses to, the trans-portation accident. The Safet
32、y Board and other Federal agencies shall assure that appropriate information obtained or developed in the course of their in-vestigations is exchanged in a timely manner. 47 FR 49408, Nov. 1, 1982 PART 845RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/ INCIDENT HEARINGS AND RE-PORTS Sec. 845.1 Applic
33、ability. 845.2 Nature of hearing. 845.3 Sessions open to the public. Subpart AInitial Procedure 845.10 Determination to hold hearing. 845.11 Board of inquiry. 845.12 Notice of hearing. 845.13 Designation of parties. Subpart BConduct of Hearing 845.20 Powers of chairman of board of in-quiry. 845.21 H
34、earing officer. 845.22 Technical panel. 845.23 Prehearing conference. 845.24 Right of representation. 845.25 Examination of witnesses. 845.26 Evidence. 845.27 Proposed findings. 845.28 Stenographic transcript. 845.29 Payment of witnesses. Subpart CBoard Reports 845.40 Accident report. 845.41 Petitio
35、ns for reconsideration or modi-fication. Subpart DPublic Record 845.50 Public docket. 845.51 Investigation to remain open. AUTHORITY: Title VII, Federal Aviation Act of 1958, as amended (49 U.S.C. 1441 et seq.); and the Independent Safety Board Act of 1974, Pub. L. 93633, 88 Stat. 2166 (49 U.S.C. 19
36、01 et seq.). SOURCE: 44 FR 34419, June 14, 1979, unless otherwise noted. 845.1 Applicability. Unless otherwise specifically ordered by the National Transportation Safety Board (Board), the provisions of this part shall govern all transportation ac-cident investigation hearings con-ducted under the a
37、uthority of section 304(b) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(b) and acci-dent reports issued by the Board. 845.2 Nature of hearing. Transportation accident hearings are convened to assist the Board in deter-mining cause or probable cause of an accident, in reporting the fac
38、ts, condi-tions, and circumstances of the acci-dent, and in ascertaining measures which will tend to prevent accidents and promote transportation safety. Such hearings are factfinding pro-ceedings with no formal issues and no adverse parties and are not subject to the provisions of the Administrativ
39、e Procedure Act (Pub. L. 89554, 80 Stat. 384 (5 U.S.C. 554). 44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979 VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00623 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
