49 C.F.R. PART 845—RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/INCIDENT HEARINGS AND REPORTS
Title 49 - Transportation
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. 93–633, 88 Stat. 2166 (49 U.S.C. 1901 et seq.).
Source: 44 FR 34419, June 14, 1979, unless otherwise noted.
Unless otherwise specifically ordered by the National Transportation Safety Board (Board), the provisions of this part shall govern all transportation accident investigation hearings conducted under the authority of section 304(b) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(b)) and accident reports issued by the Board. Transportation accident hearings are convened to assist the Board in determining cause or probable cause of an accident, in reporting the facts, conditions, and circumstances of the accident, and in ascertaining measures which will tend to prevent accidents and promote transportation safety. Such hearings are factfinding proceedings with no formal issues and no adverse parties and are not subject to the provisions of the Administrative Procedure Act (Pub. L. 89–554, 80 Stat. 384 (5 U.S.C. 554)). [44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979] (a) All hearings shall normally be open to the public (subject to the provision that any person present shall not be allowed at any time to interfere with the proper and orderly functioning of the board of inquiry). (b) Sessions shall not be open to the public when evidence of a classified nature or which affects national security is to be received. The Board may order a public hearing as part of an accident investigation whenever such hearing is deemed necessary in the public interest: Provided, that if a quorum of the Board is not immediately available in the event of a catastrophic accident, the determination to hold a public hearing may be made by the Chairman of the Board. The board of inquiry shall consist of a Member of the Board who shall be chairman of the board of inquiry, and such other employees as may be designated by the chairman of the board of inquiry. Assignment of a Member to serve as the chairman of each board of inquiry shall be determined by the Board. The board of inquiry shall examine witnesses and secure, in the form of a public record, all known facts pertaining to the accident or incident and surrounding circumstances and conditions from which cause or probable cause may be determined and recommendations for corrective action may be formulated. [49 FR 32853, Aug. 17, 1984] The chairman of the board of inquiry shall designate a time and place for the hearing which meets the needs of the Board. Notice to all known interested persons shall be given. (a) The chairman of the board of inquiry shall designate as parties to the hearing those persons, agencies, companies, and associations whose participation in the hearing is deemed necessary in the public interest and whose special knowledge will contribute to the development of pertinent evidence. Parties shall be represented by suitable qualified technical employees or members who do not occupy legal positions. (b) No party shall be represented by any person who also represents claimants or insurers. Failure to comply with this provision shall result in loss of status as a party. [44 FR 34419, June 14, 1979, as amended at 51 FR 7278, Mar. 3, 1986] The chairman of the board of inquiry, or his designee, shall have the following powers: (a) To designate parties to the hearing and revoke such designations; (b) To open, continue, or adjourn the hearing; (c) To determine the admissibility of and to receive evidence and to regulate the course of the hearing; (d) To dispose of procedural requests or similar matters; and (e) To take any other action necessary or incident to the orderly conduct of the hearing. [44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979] The hearing officer, upon designation by the Chairman of the Board, shall have the following powers: (a) To give notice concerning the time and place of hearing; (b) To administer oaths and affirmations to witnesses; and (c) To issue subpenas requiring the attendance and testimony of witnesses and production of documents. The Director, Bureau of Accident Investigation, or the Director, Bureau of Field Operations, shall designate members of the Board's technical staff to participate in the hearing and initially develop the testimony of witnesses. [49 FR 32853, Aug. 17, 1984] (a) Except as provided in paragraph (d) of this section for expedited hearings, the chairman of the board of inquiry shall hold a prehearing conference with the parties to the hearing at a convenient time and place prior to the hearing. At such prehearing conference, the parties shall be advised of the witnesses to be called at the hearing, the areas in which they will be examined, and the exhibits which will be offered in evidence. (b) Parties shall submit at the prehearing conference copies of any additional documentary exhibits they desire to offer. (Copies of all exhibits proposed for admission by the board of inquiry and the parties shall be furnished to the board of inquiry and to all parties, insofar as available at that time.) (c) A party who, at the time of the prehearing conference, fails to advise the chairman of the board of inquiry of additional exhibits he intends to submit, or additional witnesses he desires to examine, shall be precluded from introducing such evidence unless the chairman of the board of inquiry determines for good cause shown that such evidence should be admitted. (d) Expedited hearings. When time permits, the chairman of the board of inquiry may hold a prehearing conference. In the event that an expedited hearing is held, the requirements in paragraphs (b) and (c) of this section concerning the identification of witnesses, exhibits or other evidence may be waived by the chairman of the board of inquiry. Any person who appears to testify at a public hearing shall be accorded the right to be accompanied, represented, or advised by counsel or by any other duly qualified representative. (a) Witnesses shall be initially examined by the board of inquiry or its technical panel. Following such examination, parties to the hearing shall be given the opportunity to examine such witnesses. (b) Materiality, relevancy, and competency of witness testimony, exhibits, or physical evidence shall not be the subject of objections in the legal sense by a party to the hearing or any other person. Such matters shall be controlled by rulings of the chairman of the board of inquiry on his own motion. If the examination of a witness by a party is interrupted by a ruling of the chairman of the board of inquiry, opportunity shall be given to show materiality, relevancy, or competency of the testimony or evidence sought to be elicited from the witness. The chairman of the board of inquiry shall receive all testimony and evidence which may be of aid in determining the cause of accident. He may exclude any testimony or exhibits which are not pertinent to the investigation or are merely cumulative. Any party may submit proposed findings to be drawn from the testimony and exhibits, a proposed probable cause, and proposed safety recommendations designed to prevent future accidents. The proposals shall be submitted within the time specified by the presiding officer at the close of the hearing, and shall be made a part of the public docket. Parties to the hearing shall serve copies of their proposals on all other parties to the hearing. [48 FR 52740, Nov. 22, 1983] A verbatim report of the hearing shall be taken. Copies of the transcript may be obtained by any interested person from the Board or from the court reporting firm preparing the transcript upon payment of the fees fixed therefor. (See part 801, Appendix—Fee Schedule.) Any witness subpenaed to attend the hearing under this part shall be paid such fees for his travel and attendance as shall be certified by the hearing officer. (a) The Board will issue a detailed narrative accident report in connection with the investigation into those accidents which the Board determines to warrant such a report. The report will set forth the facts, conditions and circumstances relating to the accident and the probable cause thereof, along with any appropriate recommendations formulated on the basis of the investigation. (b) The probable cause and facts, conditions, and circumstances of all other accidents will be reported in a manner and form prescribed by the Board. (a) Petitions for reconsideration or modification of the Board's findings and determination of probable cause filed by a party to an investigation or hearing or other person having a direct interest in the accident investigation will be entertained only if based on the discovery of new evidence or on a showing that the Board's findings are erroneous. The petitions shall be in writing. Petitions which are repetitious of proposed findings submitted pursuant to §845.27, or of positions previously advanced, and petitions filed by a party to the hearing who failed to submit proposed findings pursuant to §845.27 will not be entertained. Petitions based on the discovery of new matter shall: identify the new matter; contain affidavits of prospective witnesses, authenticated documents, or both, or an explanation of why such substantiation is unavailable; and state why the new matter was not available prior to Board's adoption of its findings. Petitions based on a claim of erroneous findings shall set forth in detail the grounds relied upon. (b) When a petition for reconsideration or modification is filed with the Board, copies of the petition and any supporting documentation shall be served on all other parties to the investigation or hearing and proof of service shall be attached to the petition. The other parties may file comments no later than 90 days after service of the petition. (c) Oral presentation before the Board normally will not form a part of proceedings under this part. However, the Board may permit oral presentation where a party or interested person makes an affirmative showing that the written petition for reconsideration or modification is an insufficient means to present the party's or person's position to the Board. Where oral presentation is allowed, the Board will specify the issues to be addressed and all parties to the investigation or hearing will be given notice and the opportunity to participate. [48 FR 52740, Nov. 22, 1983] (a) The public docket shall include all factual information concerning the accident. Proposed findings submitted pursuant to §831.12 or §845.27 and petitions for reconsideration and modification submitted pursuant to §845.41, comments thereon by other parties, and the Board's rulings, shall also be placed in the public docket. (b) The docket shall be established as soon as practicable following the accident, and material shall be added thereto as it becomes available. Where a hearing is held, the exhibits will be introduced into the record at the hearing. (c) A copy of the docket shall be made available to any person for review at the Washington office of the Board. Copies of the material in the docket may be obtained, upon payment of the cost of reproduction, from the Public Inquiries Section, Bureau of Administration, National Transportation Safety Board, Washington, DC 20594. [44 FR 34419, June 14, 1979, as amended at 48 FR 52740, Nov. 22, 1983] Accident investigations are never officially closed but are kept open for the submission of new and pertinent evidence by any interested person. If the Board finds that such evidence is relevant and probative, it shall be made a part of the docket and, where appropriate, parties will be given an opportunity to examine such evidence and to comment thereon.
Title 49: Transportation
PART 845—RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/INCIDENT HEARINGS AND REPORTS
Section Contents
§ 845.1 Applicability.
§ 845.2 Nature of hearing.
§ 845.3 Sessions open to the public.
§ 845.10 Determination to hold hearing.
§ 845.11 Board of inquiry.
§ 845.12 Notice of hearing.
§ 845.13 Designation of parties.
§ 845.20 Powers of chairman of board of inquiry.
§ 845.21 Hearing 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.
§ 845.40 Accident report.
§ 845.41 Petitions for reconsideration or modification.
§ 845.50 Public docket.
§ 845.51 Investigation to remain open.
§ 845.1 Applicability.
top
§ 845.2 Nature of hearing.
top
§ 845.3 Sessions open to the public.
top
Subpart A—Initial Procedure
top
§ 845.10 Determination to hold hearing.
top
§ 845.11 Board of inquiry.
top
§ 845.12 Notice of hearing.
top
§ 845.13 Designation of parties.
top
Subpart B—Conduct of Hearing
top
§ 845.20 Powers of chairman of board of inquiry.
top
§ 845.21 Hearing officer.
top
§ 845.22 Technical panel.
top
§ 845.23 Prehearing conference.
top
§ 845.24 Right of representation.
top
§ 845.25 Examination of witnesses.
top
§ 845.26 Evidence.
top
§ 845.27 Proposed findings.
top
§ 845.28 Stenographic transcript.
top
§ 845.29 Payment of witnesses.
top
Subpart C—Board Reports
top
§ 845.40 Accident report.
top
§ 845.41 Petitions for reconsideration or modification.
top
Subpart D—Public Record
top
§ 845.50 Public docket.
top
§ 845.51 Investigation to remain open.
top
