US Codex
U.S.C.
Notes

§1101. Definitions — Inbound Citations

49 U.S.C. § 1101

Cited by 166 provisions in release 119-102.

Citations to §1101(a)(1)

  • 49 U.S.C. § 1111(b)
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    (b) The Board is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. At least 3 members shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation.
  • 49 U.S.C. § 1111(g)
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    (g) The Board shall establish offices necessary to carry out this chapter, including an office to investigate and report on the safe transportation of hazardous material. The Board shall establish distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation:
    (1) aviation.
    (2) highway and motor vehicle.
    (3) rail and tracked vehicle.
    (4) pipeline.
    (5) marine.
  • 49 U.S.C. § 1112(a)
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    (a) If an accident involves a substantial question about public safety in air transportation, the National Transportation Safety Board may establish a special board of inquiry composed of—
    (1) one member of the Board acting as chairman; and
    (2) 2 members representing the public, appointed by the President on notification of the establishment of the special board of inquiry.
  • 49 U.S.C. § 1112(b)
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    (b) The public members of a special board of inquiry must be qualified by training and experience to participate in the inquiry and may not have a pecuniary interest in an aviation enterprise involved in the accident to be investigated.
  • 49 U.S.C. § 1113(b)(1)(I)
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    (I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board;
  • 49 U.S.C. § 1113(g)(1)
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    (1) Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS–10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay.
  • 49 U.S.C. § 1113(h)(2)(C)
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    (C) with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident severity and risk, posed by each mode of transportation, and how the Board’s staffing for each transportation mode reflects these aspects;
  • 49 U.S.C. § 1113(i)(1)
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    (1) The Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for each Board member.
  • 49 U.S.C. § 1113(i)(2)
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    (2) The Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non-accident-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board.
  • 49 U.S.C. § 1114(b)(3)
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    (3) Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board’s accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.
  • 49 U.S.C. § 1114(c)(1)
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    (1) Except as provided in paragraph (2), the Board may not disclose publicly any part of a cockpit voice or video recorder recording or transcript of oral communications by and between flight crew members and ground stations related to an accident or incident investigated by the Board.
  • 49 U.S.C. § 1114(c)(2)
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    (2) Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident or incident—
    (A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
    (B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
  • 49 U.S.C. § 1114(c)(2)(A)
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    (A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
  • 49 U.S.C. § 1114(c)(2)(B)
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    (B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
  • 49 U.S.C. § 1114(d)(1)
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    (1) Except as provided in paragraph (2), the Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board.
  • 49 U.S.C. § 1114(d)(2)
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    (2) Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from a video recorder, or any still image obtained from a video recorder the Board decides is relevant to the accident—
    (A) if the Board holds a public hearing on the accident, at the time of the hearing; or
    (B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
  • 49 U.S.C. § 1114(d)(2)(A)
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    (A) if the Board holds a public hearing on the accident, at the time of the hearing; or
  • 49 U.S.C. § 1114(d)(2)(B)
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    (B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
  • 49 U.S.C. § 1114(e)(1)(A)
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    (A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
  • 49 U.S.C. § 1114(e)(3)
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    (3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if—
    (A) the fitness of the tested officer or employee is at issue in the investigation; and
    (B) the use of that record is necessary to develop the evidentiary record.
  • 49 U.S.C. § 1114(f)(1)
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    (1) Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that—
    (A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
    (B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
  • 49 U.S.C. § 1114(f)(1)(A)
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    (A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
  • 49 U.S.C. § 1114(f)(2)
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    (2) Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.
  • 49 U.S.C. § 1115(d)
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    (d) The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h). The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the Board as offsetting collections.
  • 49 U.S.C. § 1116(a)(1)
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    (1) advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and
  • 49 U.S.C. § 1116(a)(2)
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    (2) propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.
  • 49 U.S.C. § 1116(b)(2)
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    (2) examine techniques and methods of accident investigation and periodically publish recommended procedures for accident investigations;
  • 49 U.S.C. § 1116(b)(3)
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    (3) prescribe requirements for persons reporting accidents and aviation incidents that—
    (A) may be investigated by the Board under this chapter; or
    (B) involve public aircraft (except aircraft of the armed forces and the intelligence agencies);
  • 49 U.S.C. § 1116(b)(4)
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    (4) evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of the Government and their effectiveness in preventing accidents; and
  • 49 U.S.C. § 1116(c)(1)
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    (1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
  • 49 U.S.C. § 1116(c)(2)
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    (2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
  • 49 U.S.C. § 1116(c)(4)
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    (4) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
  • 49 U.S.C. § 1116(c)(6)
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    (6) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
  • 49 U.S.C. § 1117(b)(1)
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    (1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation;
  • 49 U.S.C. § 1117(b)(2)
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    (2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and
  • 49 U.S.C. § 1118(b)
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    (b) The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $4,000,000.
  • 49 U.S.C. § 1119(a)
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    (a) Not later than 90 days after the date of the enactment of this section, the National Transportation Safety Board shall, in consultation and coordination with the Administrator of the Federal Aviation Administration, develop a system for classifying air carrier accident data maintained by the Board.
  • 49 U.S.C. § 1119(b)(1)
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    (1) The system developed under this section shall provide for the classification of accident and safety data in a manner that, in comparison to the system in effect on the date of the enactment of this section, provides for safety-related categories that provide clearer descriptions of accidents associated with air transportation, including a more refined classification of accidents which involve fatalities, injuries, or substantial damage and which are only related to the operation of an aircraft.
  • 49 U.S.C. § 1119(b)(3)
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    (3) After providing for public review and comment, and after consulting with the Administrator, the Board shall issue final classifications. The Board shall ensure that air travel accident covered under this section is classified in accordance with the final classifications issued under this section for data for calendar year 1997, and for each subsequent calendar year.
  • 49 U.S.C. § 1119(b)(4)
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    (4) The Board shall publish on a periodic basis accident and safety data in accordance with the final classifications issued under paragraph (3).
  • 49 U.S.C. § 1119(c)(1)
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    (1) In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board.
  • 49 U.S.C. § 1119(c)(3)
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    (3) This subsection shall not apply in the case of an accident that results in a loss of life.
  • 49 U.S.C. § 1131(a)(1)(A)
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    (A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
  • 49 U.S.C. § 1131(a)(1)(B)
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    (B) a highway accident, including a railroad grade crossing accident, the Board selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency;
  • 49 U.S.C. § 1131(a)(1)(C)(i)
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    (i) accident in which there is a fatality or substantial property damage, except—
    (I) a grade crossing accident or incident, unless selected by the Board; or
    (II) an accident or incident involving a trespasser, unless selected by the Board; or
  • 49 U.S.C. § 1131(a)(1)(C)(i)(I)
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    (I) a grade crossing accident or incident, unless selected by the Board; or
  • 49 U.S.C. § 1131(a)(1)(C)(i)(II)
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    (II) an accident or incident involving a trespasser, unless selected by the Board; or
  • 49 U.S.C. § 1131(a)(1)(C)(ii)
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    (ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and—
    (I) was a grade crossing accident or incident, unless selected by the Board; or
    (II) such accident or incident involved a trespasser, unless selected by the Board;
  • 49 U.S.C. § 1131(a)(1)(C)(ii)(I)
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    (I) was a grade crossing accident or incident, unless selected by the Board; or
  • 49 U.S.C. § 1131(a)(1)(C)(ii)(II)
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    (II) such accident or incident involved a trespasser, unless selected by the Board;
  • 49 U.S.C. § 1131(a)(1)(D)
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    (D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment;
  • 49 U.S.C. § 1131(a)(1)(F)
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    (F) any other accident related to the transportation of individuals or property when the Board decides—
    (i) the accident is catastrophic;
    (ii) the accident involves problems of a recurring character; or
    (iii) the investigation of the accident would carry out this chapter.
  • 49 U.S.C. § 1131(a)(1)(F)(i)
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    (i) the accident is catastrophic;
  • 49 U.S.C. § 1131(a)(1)(F)(ii)
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    (ii) the accident involves problems of a recurring character; or
  • 49 U.S.C. § 1131(a)(1)(F)(iii)
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    (iii) the investigation of the accident would carry out this chapter.
  • 49 U.S.C. § 1131(a)(2)(A)
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    (A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (1)(A)–(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident.
  • 49 U.S.C. § 1131(a)(2)(B)
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    (B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.
  • 49 U.S.C. § 1131(a)(2)(C)
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    (C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.
  • 49 U.S.C. § 1131(a)(3)
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    (3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)–(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner.
  • 49 U.S.C. § 1131(b)(1)
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    (1) The Board or the head of the department in which the Coast Guard is operating shall investigate and establish the facts, circumstances, and cause or probable cause of a marine accident involving a public vessel and any other vessel. The results of the investigation shall be made available to the public.
  • 49 U.S.C. § 1131(c)(1)(A)
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    (A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and
  • 49 U.S.C. § 1131(c)(1)(B)
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    (B) report the facts and circumstances of the accident to the Board.
  • 49 U.S.C. § 1131(c)(2)
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    (2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section.
  • 49 U.S.C. § 1131(d)
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    (d) The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a), 1132(b), and 1134(a), (b), (d), and (f) of this title.
  • 49 U.S.C. § 1131(e)
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    (e) The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public—
    (1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
    (2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.
  • 49 U.S.C. § 1131(f)
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    (f) If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report identifying such accident report and the reasons for which such report has not been completed. The Board shall report progress toward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed.
  • 49 U.S.C. § 1132(a)(1)(A)
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    (A) each accident involving civil aircraft; and
  • 49 U.S.C. § 1132(a)(1)(B)
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    (B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft.
  • 49 U.S.C. § 1132(a)(2)
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    (2) A person employed under section 1113(b)(1) of this title that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board.
  • 49 U.S.C. § 1132(b)
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    (b) The Board shall prescribe regulations governing the notification and reporting of accidents involving civil aircraft.
  • 49 U.S.C. § 1132(c)
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    (c) The Board shall provide for the participation of the Secretary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause.
  • 49 U.S.C. § 1132(d)
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    (d) If an accident involves only military aircraft and a duty of the Secretary is or may be involved, the military authorities shall provide for the participation of the Secretary. In any other accident involving only military aircraft, the military authorities shall give the Board or Secretary information the military authorities decide would contribute to the promotion of air safety.
  • 49 U.S.C. § 1134(a)(1)
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    (1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and
  • 49 U.S.C. § 1134(a)(2)
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    (2) during reasonable hours, may inspect any record, including an electronic record, process, control, or facility related to an accident investigation under this chapter.
  • 49 U.S.C. § 1134(b)(1)
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    (1) In investigating an aircraft accident under this chapter, the Board may inspect and test, to the extent necessary, any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce.
  • 49 U.S.C. § 1134(b)(2)
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    (2) Any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce shall be preserved, and may be moved, only as provided by regulations of the Board.
  • 49 U.S.C. § 1134(c)(2)
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    (2) to the maximum extent feasible, preserves evidence related to the accident, consistent with the needs of the investigation and with the cooperation of that owner or operator.
  • 49 U.S.C. § 1134(f)(1)
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    (1) The Board may order an autopsy to be performed and have other tests made when necessary to investigate an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent consistent with the needs of the accident investigation.
  • 49 U.S.C. § 1134(f)(2)
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    (2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
  • 49 U.S.C. § 1134(g)
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    (g) In investigating an accident under this chapter, the Board may require from a transportation operator or equipment manufacturer or the vendors, suppliers, subsidiaries, or parent companies of such manufacturer, or operator of a product or service which is subject to an investigation by the Board—
    (1) any recorder or recorded information pertinent to the accident;
    (2) without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
    (3) design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.
  • 49 U.S.C. § 1134(g)(1)
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    (1) any recorder or recorded information pertinent to the accident;
  • 49 U.S.C. § 1134(g)(2)
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    (2) without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
  • 49 U.S.C. § 1134(g)(3)
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    (3) design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.
  • 49 U.S.C. § 1136(a)
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    (a) As soon as practicable after being notified of an aircraft accident within United States airspace or airspace delegated to the United States involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the Board shall—
    (1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
    (2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
  • 49 U.S.C. § 1136(a)(1)
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    (1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
  • 49 U.S.C. § 1136(a)(2)
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    (2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
  • 49 U.S.C. § 1136(b)
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    (b) The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a).
  • 49 U.S.C. § 1136(c)
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    (c) The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to passengers involved in the accident and the families of such passengers:
    (1) To provide emotional care, psychological care, and family support services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.
    (2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
    (3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families regularly thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
    (4) To communicate with the passengers and families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.
    (5) To arrange a suitable memorial service, in consultation with the families.
  • 49 U.S.C. § 1136(c)(3)
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    (3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families regularly thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
  • 49 U.S.C. § 1136(c)(4)
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    (4) To communicate with the passengers and families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.
  • 49 U.S.C. § 1136(d)(1)(A)
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    (A) It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
  • 49 U.S.C. § 1136(d)(2)(A)
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    (A) The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a passenger list.
  • 49 U.S.C. § 1136(e)
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    (e) In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—
    (1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and
    (2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
  • 49 U.S.C. § 1136(e)(1)
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    (1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and
  • 49 U.S.C. § 1136(e)(2)
    Go to provision →
    (2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
  • 49 U.S.C. § 1136(f)
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    (f) To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the air carrier or foreign air carrier involved in the accident so that the resources of the carrier can be used to the greatest extent possible to carry out the organization’s responsibilities under this section.
  • 49 U.S.C. § 1136(g)(1)
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    (1) No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of passengers involved in the accident and the families of such passengers to have contact with one another.
  • 49 U.S.C. § 1136(g)(2)
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    (2) In the event of an accident involving an air carrier providing interstate or foreign air transportation and in the event of an accident involving a foreign air carrier that occurs within the United States, no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.
  • 49 U.S.C. § 1136(g)(3)
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    (3) No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing emotional care, psychological care, and family support services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determination.
  • 49 U.S.C. § 1136(h)(1)
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    (1) The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, for which the Board is the lead investigative agency.
  • 49 U.S.C. § 1136(h)(2)(C)
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    (C) any other person injured or killed in the aircraft accident, as determined appropriate by the Board.
  • 49 U.S.C. § 1136(h)(3)
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    (3) The term “passenger list” means a list based on the best available information at the time of a request, of the name of each passenger aboard the aircraft involved in the accident.
  • 49 U.S.C. § 1136(i)
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    (i) Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to passengers involved in the aircraft accident and the families of such passengers.
  • 49 U.S.C. § 1136(j)(1)
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    (1) This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.
  • 49 U.S.C. § 1136(j)(2)
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    (2) If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.
  • 49 U.S.C. § 1138(b)(5)
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    (5) the process and procedures to select an accident to investigate;
  • 49 U.S.C. § 1138(b)(7)
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    (7) the extent to which the Board addresses management challenges in completing accident investigations.
  • 49 U.S.C. § 1139(a)
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    (a) As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the Board shall—
    (1) designate and publicize the name and telephone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and
    (2) designate an independent nonprofit organization, with experience in disasters and post-trauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
  • 49 U.S.C. § 1139(a)(1)
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    (1) designate and publicize the name and telephone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and
  • 49 U.S.C. § 1139(a)(2)
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    (2) designate an independent nonprofit organization, with experience in disasters and post-trauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
  • 49 U.S.C. § 1139(b)(1)
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    (1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and
  • 49 U.S.C. § 1139(b)(2)
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    (2) communicating with the families of passengers involved in the accident as to the roles, with respect to the accident and the post-accident activities, of—
    (A) the organization designated for an accident under subsection (a)(2);
    (B) Government agencies; and
    (C) the rail passenger carrier involved.
  • 49 U.S.C. § 1139(b)(2)(A)
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    (A) the organization designated for an accident under subsection (a)(2);
  • 49 U.S.C. § 1139(c)
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    (c) The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to passengers involved in the accident and the families of such passengers:
    (1) To provide emotional care, psychological care, and family support services, in coordination with the disaster response team of the rail passenger carrier involved.
    (2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
    (3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
    (4) To arrange a suitable memorial service, in consultation with the passengers and families.
  • 49 U.S.C. § 1139(c)(3)
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    (3) To meet with passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
  • 49 U.S.C. § 1139(d)(1)(A)
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    (A) It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
  • 49 U.S.C. § 1139(d)(2)(A)
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    (A) The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a passenger list.
  • 49 U.S.C. § 1139(e)
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    (e) In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—
    (1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and
    (2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
  • 49 U.S.C. § 1139(e)(1)
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    (1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and
  • 49 U.S.C. § 1139(e)(2)
    Go to provision →
    (2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
  • 49 U.S.C. § 1139(f)
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    (f) To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier.
  • 49 U.S.C. § 1139(g)(1)
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    (1) No person (including a State or political subdivision thereof) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of passengers involved in the accident and the families of such passengers to have contact with one another.
  • 49 U.S.C. § 1139(g)(2)
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    (2) No unsolicited communication concerning a potential action or settlement offer for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation, including the railroad carrier or rail passenger carrier, to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.
  • 49 U.S.C. § 1139(g)(3)
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    (3) No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing emotional care, psychological care, and family support services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determination.
  • 49 U.S.C. § 1139(h)(1)
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    (1) The term “rail passenger accident” means any rail passenger disaster that—
    (A) results in any loss of life;
    (B) the Board will serve as the lead investigative agency for; and
    (C) occurs in the provision of—
    (i) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
    (ii) high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause.
  • 49 U.S.C. § 1139(h)(3)(C)
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    (C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board.
  • 49 U.S.C. § 1139(h)(4)
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    (4) The term “passenger list” means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.
  • 49 U.S.C. § 1139(i)
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    (i) Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.
  • 49 U.S.C. § 1139(j)(1)
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    (1) This section (other than subsection (g)) shall not apply to a rail passenger accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.
  • 49 U.S.C. § 1139(j)(2)
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    (2) If this section does not apply to a rail passenger accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.
  • 49 U.S.C. § 1139(k)
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    (k) Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.
  • 49 U.S.C. § 1140
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    In the course of an investigation of an accident described in section 1131(a)(1), except an aircraft accident described in section 1136 or a rail passenger accident described in section 1139, the Board may, to the maximum extent practicable, ensure that individuals involved in accidents and the families of such individuals, and other individuals the Board deems appropriate—
  • 49 U.S.C. § 1140(1)
    Go to provision →
    (1) are informed as to the roles, with respect to the accident and the post-accident activities, of the Board;
  • 49 U.S.C. § 1140(2)
    Go to provision →
    (2) are briefed, before any public briefing, about the accident, its causes, and any other findings from the investigation; and
  • 49 U.S.C. § 1140(3)
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    (3) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
  • 49 U.S.C. § 1151(a)
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    (a) The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.
  • 49 U.S.C. § 1151(b)(1)
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    (1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and
  • 49 U.S.C. § 1151(c)
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    (c) On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.
  • 49 U.S.C. § 1151(d)
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    (d) If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—
    (1) the labor union representing the airman involved, if applicable;
    (2) the air carrier at which the airman is employed;
    (3) the docket information of the incident or accident in which the airman was involved;
    (4) the date of such civil actions taken by the Board or Attorney General; and
    (5) a description of why such civil actions were taken by the Board or Attorney General.
  • 49 U.S.C. § 1151(d)(3)
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    (3) the docket information of the incident or accident in which the airman was involved;
  • 49 U.S.C. § 1152
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    A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
  • 49 U.S.C. § 1154(b)
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    (b) No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.
  • 49 U.S.C. § 1155(b)
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    (b) A person that knowingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both.

Citations to §1101(a)(2)

  • 49 U.S.C. § 1113(b)(1)(D)
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    (D) confer with employees and use services, records, and facilities of State and local governmental authorities;
  • 49 U.S.C. § 1113(b)(1)(E)
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    (E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate;
  • 49 U.S.C. § 1113(b)(1)(I)
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    (I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board;
  • 49 U.S.C. § 1113(d)
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    (d) The Chairman may determine the number of committees that are appropriate to maintain effective liaison with other departments, agencies, and instrumentalities of the Government, State and local governmental authorities, and independent standard-setting authorities that carry out programs and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees.
  • 49 U.S.C. § 1113(e)
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    (e) The Board, or an officer or employee of the Board designated by the Chairman, may conduct an inquiry to obtain information related to transportation safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Government, a State or local governmental authority, or a person transporting individuals or property in commerce to submit to the Board a written report and answers to requests and questions related to a duty or power of the Board. The Board may prescribe the time within which the report and answers must be given to the Board or to the designated officer or employee. Copies of the report and answers shall be made available for public inspection.
  • 49 U.S.C. § 1113(h)(2)(A)
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    (A) the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board;
  • 49 U.S.C. § 1115(b)(2)
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    (2) other safety personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the Secretary.
  • 49 U.S.C. § 1116(a)
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    (a) The National Transportation Safety Board shall report periodically to Congress, departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities concerned with transportation safety, and other interested persons. The report shall—
    (1) advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and
    (2) propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.
  • 49 U.S.C. § 1116(c)(4)
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    (4) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
  • 49 U.S.C. § 1131(a)(1)(B)
    Go to provision →
    (B) a highway accident, including a railroad grade crossing accident, the Board selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency;
  • 49 U.S.C. § 1134(f)(2)
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    (2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
  • 49 U.S.C. § 1136(d)(1)(B)(ii)
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    (ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
  • 49 U.S.C. § 1136(d)(1)(C)
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    (C) A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
  • 49 U.S.C. § 1136(d)(1)(D)
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    (D) Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
  • 49 U.S.C. § 1136(g)(1)
    Go to provision →
    (1) No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of passengers involved in the accident and the families of such passengers to have contact with one another.
  • 49 U.S.C. § 1136(g)(3)
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    (3) No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing emotional care, psychological care, and family support services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determination.
  • 49 U.S.C. § 1139(d)(1)(B)(ii)
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    (ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
  • 49 U.S.C. § 1139(d)(1)(C)
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    (C) A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
  • 49 U.S.C. § 1139(d)(1)(D)
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    (D) Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
  • 49 U.S.C. § 1139(g)(1)
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    (1) No person (including a State or political subdivision thereof) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of passengers involved in the accident and the families of such passengers to have contact with one another.
  • 49 U.S.C. § 1139(g)(3)
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    (3) No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing emotional care, psychological care, and family support services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the passengers and families and if State and local authorities are notified of the determination.
  • 49 U.S.C. § 1321(d)(3)
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    (3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
  • 49 U.S.C. § 1321(d)(4)
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    (4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.