[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Proposed Rules]
[Pages 14339-14344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06187]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 845
RIN 3147-AA02
[Docket No. NTSB-GC-2012-0002]
Rules of Practice in Transportation: Investigative Hearings;
Meetings; Reports; and Petitions for Reconsideration
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The NTSB is proposing to amend provisions within its
regulations, which contains the NTSB's procedures for holding
investigative hearings, various types of meetings, issuing reports, and
responding to petitions for reconsideration. This notice proposes a
number of substantive and technical changes. In particular, the NTSB
proposes to reorganize parts of its regulations into different subparts
to ensure the part is easy to follow.
DATES: Comments must be received by May 18, 2015. Comments received
after the deadline will be considered to the extent possible.
ADDRESSES: A copy of this NPRM, published in the Federal Register (FR),
is available for inspection and copying in the NTSB's public reading
room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-2003.
Alternatively, a copy is available on the government-wide Web site on
regulations at http://www.regulations.gov (Docket ID Number NTSB-GC-
2012-0002).
You may send comments identified by Docket ID Number NTSB-GC-2012-
0002 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and
follow the instructions for sending your comments electronically.
Mail: Send comments to NTSB Office of General Counsel, 490 L'Enfant
Plaza SW., Washington, DC 20594-2003.
Facsimile: Fax comments to 202-314-6090.
Hand Delivery: Bring comments to 490 L'Enfant Plaza East SW., 6th
Floor, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202)
314-6080.
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2012, the NTSB published a notice indicating its intent
to undertake a review of all NTSB regulations to ensure they are
updated. 77 FR 37865. The NTSB initiated this review in accordance with
Executive Order 13579, ``Regulation and Independent Regulatory
Agencies'' (76 FR 41587, July 14, 2011). The purpose of Executive Order
13579 is to ensure all agencies adhere to the key principles found in
Executive Order 13563, ``Improving Regulation and Regulatory Review''
(76 FR 3821, January 21, 2011), which include promoting public
participation in rulemaking, improving integration and innovation,
promoting flexibility and freedom of choice, and ensuring scientific
integrity during the rulemaking process in order to create a regulatory
system that protects public health, welfare, safety, and the
environment while promoting economic growth, innovation,
competitiveness, and job creation. The NTSB explained in its June 25,
2012, notice that it is committed to ensuring its regulations remain
updated and comply with these principles.
The NTSB's notice concerning its plan for reviewing all NTSB
regulations indicated the NTSB would specifically conduct a
comprehensive review of 49 CFR part 831, which describes the NTSB's
investigative process. The NTSB completed this review and published an
NPRM proposing various changes to part 831 on August 12, 2014. 79 FR
47064.
The NTSB published an additional notice in the Federal Register on
January 8, 2013, describing the NTSB's plan for updating all
regulations. 78 FR 1193. In accordance with these two notices published
in the Federal Register, the NTSB reviewed all sections within 49 CFR
part 845, in the interest of ensuring they accomplish the objectives
stated in Executive Order 13563. The NTSB publishes this NPRM in
accordance with the NTSB's plan.
[[Page 14340]]
II. Description of Changes
The NTSB proposes reorganizing 49 CFR part 845 and adding two new
sections to describe Board meetings concerning NTSB products. The
current version of part 845 consists of three general sections (titled
``Applicability,'' ``Nature of hearing,'' and ``Sessions open to the
public'') followed by four subparts (titled ``Initial procedure,''
``Conduct of hearing,'' ``Board reports,'' and ``Public record''). The
NTSB carefully has reviewed part 845 and determined the current format
could be improved for clarity and ease of understanding. In addition,
part 845 does not discuss Board meetings concerning investigations and
NTSB products, even though meetings concerning such topics are a key
component of the Board's work and provide transparency in agency
activities and operations. Therefore, the NTSB proposes organizing part
845 into three subparts, titled ``Investigative hearings,''
``Meetings,'' and ``Reports.''
Subject to a number of proposed changes, this NPRM would maintain
most of the text from the existing sections addressing investigative
hearings, which are currently codified at sections 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''), and
845.29 (``Payment of witnesses''). The NTSB suggests changes to the
text of these sections, which include changing terminology to describe
transportation events and substituting ``NTSB'' in place of the term
``Board,'' unless the term ``Board'' refers to the statutorily
appointed members of the Board. The NTSB also proposes numbering these
sections sequentially within the proposed subpart addressing
investigative hearings.
In order to ensure the initial sections of part 845 are clear, the
NTSB proposes removing the term ``formal issues'' from Sec. 845.2,
which currently states (in part), ``[s]uch hearings are fact-finding
proceedings with no formal issues and no adverse parties . . .'' The
term ``formal issues'' is not a legal term of art, and is not defined
in NTSB regulations. The NTSB does not believe the inclusion of this
term in Sec. 845.2 is necessary. In addition, the NTSB proposes
reorganizing the text of Sec. 845.2 to explain the purpose of an
investigative hearing is to develop further the facts, conditions, and
circumstances of the transportation event. The NTSB also proposes
including text stating investigative hearings are not conducted for the
purpose of determining the rights or liabilities of any person. The
NTSB proposes this language because, in recent years, witnesses and
parties who attend investigative hearings have been involved in ongoing
litigation relating to the subject of a hearing with greater frequency
or may become involved in litigation. In this section, the NTSB seeks
to emphasize the purpose of investigative hearings is to obtain
accurate, complete, and well-documented factual information related to
NTSB investigations.\1\
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\1\ Part 845 does not apply to oral arguments before the Board
under 49 CFR part 821, which governs appeals of aviation certificate
enforcement actions.
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In addition, the NTSB proposes removing a sentence from the
existing version of 845.11 (``Board of inquiry''), which currently
states, ``[a]ssignment of a Member to serve as the chairman of each
board of inquiry shall be determined by the Board.'' The NTSB believes
such assignments are internal agency procedures. As a result, the
agency does not believe it is necessary to codify a procedure
specifying how the Board might assign a Member to serve as the chairman
of each board of inquiry. The NTSB will handle such assignments via
Board policies.
As a point of clarification, the NTSB notes it does not suggest
changes to the text of proposed section Sec. 845.15 (``Payment of
witnesses''); this text is duplicative of the existing text of Sec.
845.29. However, the NTSB notes its practice is to pay witnesses who
would not attend if the agency did not pay the travel expenses
associated with attendance. In addition, we note the Invitational
Travel statute, codified at 5 U.S.C. 5703, allows the NTSB to reimburse
a speaker or witness if the person is providing a direct service to the
agency for which he or she is not receiving any compensation.
Regarding the proposed new subpart addressing Board meetings, the
NTSB proposes two new sections. The first section, to be codified at
845.20 (``Meetings''), states the Board may hold a meeting when the
Board determines such a meeting is in the public interest.
The NTSB also proposes adding Sec. 845.21 (``Symposiums, forums,
and conferences'') to apply some of the provisions of Sec. 845.20 to
symposiums, forums, and conferences. The NTSB proposes three paragraphs
within the new Sec. 845.21, the first of which will provide
definitions for these three types of proceedings. The NTSB proposes
adding within paragraph (a) of Sec. 845.21 the statement, ``these
proceedings are related to transportation safety matters and will be
convened for the purpose of focusing attention, raising awareness,
encouraging dialogue, educating the NTSB, or generally advancing or
developing safety recommendations.'' This proposed version of paragraph
(a)(2) will also state the ``goals of the proceeding will be clearly
articulated and outlined, and will be consistent with the mission of
the NTSB.'' The NTSB also proposes adding paragraph (b) within Sec.
845.21, to clarify a quorum of the Board is not required to participate
in symposiums, forums, or conferences.
Also in paragraph (b), the NTSB proposes adding a statement that
symposiums, forums, and conferences are not intended to be used as a
means to obtain evidence or establish facts for a particular NTSB
investigation. The NTSB expects this language will provide clarity to
potential participants or people who are interested in attending an
NTSB symposium, forum, or conference. The proposed language also
provides the proceedings may have a relationship to previous, ongoing,
or future investigative activities, the purpose of which is to provide
supporting and collaborative information, but not to obtain direct
evidence for a specific investigation.
Following paragraph (b), the NTSB proposes paragraph (c), which
simply states participation in a symposium, forum, or conference is
voluntary. This statement will clarify the NTSB will not issue a
subpoena for attendance at such proceedings. The paragraphs within
Sec. 845.21 will function to educate the public and the transportation
community that the NTSB may hold forums, symposiums, and conferences,
to fulfill Congress's intent of ensuring NTSB staff and Board Members
remain educated and adhere to a well-rounded approach for improving
transportation safety in a variety of ways.
In the new subpart C of part 845 (``Reports''), the NTSB proposes
keeping the text of existing Sec. Sec. 845.40 (currently titled
``Accident report''), 845.41 (``Petitions for reconsideration or
modification''), 845.50 (``Public dockets''), and 845.51
(``Investigation to remain open'') largely unchanged, but updating the
terminology in these sections, and re-codifying them with
[[Page 14341]]
sequential numbers beginning at Sec. 845.30.
In Sec. 845.30, to be titled, ``Board products,'' the NTSB
proposes maintaining essentially unchanged within paragraph (a) the
text currently in Sec. 845.40(a), which describes reports. The NTSB
proposes adding language to Sec. 845.30(a)(2) pointing out the Board,
consistent with longstanding agency process and procedure, allows the
appropriate office director to issue a brief, which will include the
probable cause and relevant facts, conditions, and circumstances
concerning the event investigated. The Board has delegated to office
directors the authority to issue such determinations in 49 CFR 800.25.
Section 845.30(a)(2), as proposed, includes a description of ``brief''
as a document that includes the probable cause and relevant facts,
conditions, and circumstances. The proposed language includes a
citation to Sec. 800.25, which provides office directors the authority
to determine the probable cause by issuing such briefs. In addition,
the NTSB proposes adding a new paragraph to Sec. 845.30 to describe
safety recommendations, which the Board may adopt and issue as a stand-
alone Board product outside the context of a specific report or other
type of Board product.
The NTSB proposes including the section discussing public dockets
immediately following the section describing reports and briefs, as
NTSB public dockets contain information supporting the statements in
reports and briefs. Within Sec. 845.31, the NTSB proposes only a few
minor changes, such as including a reference to the definition of
``public docket'' in Sec. 801.3 of this chapter, and removing the term
``accident,'' to ensure consistency with the NTSB's Notice of Proposed
Rulemaking for changes to 49 CFR part 831.\2\ The NTSB also proposes
updating paragraph (c), which advises the public of how it might access
material in the public docket. The NTSB places public dockets on its
Web page at www.ntsb.gov, to allow the public to download them free of
charge. Therefore, the NTSB proposes adding its Web site link to Sec.
845.31(c).
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\2\ 79 FR 47064 (Aug. 12, 2014). The NPRM concerning proposed
changes to 49 CFR part 831 explained the NTSB's proposal to modify
its terminology within its regulations by utilizing the term
``event,'' and, in some sections, other descriptive terms. Id. at
47065.
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The NTSB proposes moving the section currently located at 49 CFR
845.41 (``Petitions for reconsideration or modification'') to Sec.
845.32. The NTSB also proposes organizing this section with headings
for each paragraph, to ensure the public and interested parties can
easily follow it. The first proposed heading will be titled
``requirements,'' and will state the requirements applicable to
submissions of petitions for reconsideration or modification currently
listed in scattered places within Sec. 845.41. Therefore, the
``requirements'' paragraph (Sec. 845.32(a)) will state only
individuals or entities having a ``direct interest'' in the
investigation may submit petitions. The paragraph will also require
petitions be in writing and be based on the discovery of new evidence
or a showing the Board's findings were erroneous.
The NTSB proposes titling the second paragraph as ``acceptance of
petitions,'' which will include some of the same text as is currently
located in Sec. 845.41. The NTSB, however, proposes to delete the
statement the Board will not consider petitions filed by an individual
or entity who could have submitted proposed findings, as described in
the current version of Sec. 845.27. Individuals and entities have
interpreted Sec. 845.41 to mean they cannot submit a petition for
reconsideration. Under the current text, if the individual or entity
failed to submit a comment, the individual or entity would ostensibly
waive the right to petition the Board for reconsideration. However, the
NTSB is unlikely to prohibit such an individual or entity from later
filing a petition for reconsideration. As a result, in the proposed
version of Sec. 845.13, the NTSB removes the statement that it will
not consider petitions for reconsideration from an individual or entity
who could have submitted proposed findings.
The NTSB also proposes retaining the requirement that any
individual or entity filing a petition for reconsideration or
modification submit with its petition proof it served the petition on
all parties to the investigation or investigative hearing. The
paragraph will also include the deadline of 90 days, within which
interested individuals or entities may file comments to the petition.
These provisions within the ``proof of service'' paragraph are
currently located at 49 CFR 845.41(b) of the NTSB's regulations.
Lastly, the NTSB proposes titling Sec. 845.32(d) ``oral
presentation.'' The current version of Sec. 845.41(c) includes the
same provisions as this new paragraph, but dividing it into two
portions, the first of which states oral presentation will not normally
be a part of the proceedings within part 845, and the second of which
states the Board, upon granting a request for an oral presentation,
will specify which issues will be addressed at the presentation. The
NTSB believes dividing this paragraph into two numbered sentences, as
well as using the term ``party or interested person,'' will provide
greater clarity.
The NTSB proposes moving Sec. 845.51 (``Investigation to remain
open'') to Sec. 845.33. The NTSB plans to retain the title
``investigation to remain open,'' with the addition of the word
``event.''
III. Regulatory Analysis
This NPRM is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of the potential costs and benefits under
section 6(a)(3) of that Order. As such, the Office of Management and
Budget has not reviewed this proposed rule under Executive Order 12866.
Likewise, this proposed rule does not require an analysis under the
Unfunded Mandates Reform Act, 2 U.S.C. 1501-1571, or the National
Environmental Policy Act, 42 U.S.C. 4321-4347.
In addition, the NTSB has considered whether this NPRM would have a
significant economic impact on a substantial number of small entities,
under the Regulatory Flexibility Act (5 U.S.C. 601-612). The NTSB
certifies under 5 U.S.C. 605(b) that this NPRM would not have a
significant economic impact on a substantial number of small entities.
Moreover, in accordance with 5 U.S.C. 605(b), the NTSB will submit this
certification to the Chief Counsel for Advocacy at the Small Business
Administration. Moreover, the NTSB does not anticipate this NPRM will
have a substantial, direct effect on state or local governments or will
preempt state law; as such, this NPRM does not have implications for
federalism under Executive Order 13132, Federalism. This NPRM also
complies with all applicable standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden. In addition, the NTSB has
evaluated this NPRM under: Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights;
Executive Order 13045, Protection of Children from Environmental Health
Risks and Safety Risks; Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments; Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use; and the National Technology Transfer and
Advancement Act, 15 U.S.C. 272 note. The NTSB has concluded that this
NPRM does not contravene any of the
[[Page 14342]]
requirements set forth in these Executive Orders or statutes, nor does
this NPRM prompt further consideration with regard to such
requirements.
The NTSB invites comments relating to any of the foregoing
determinations and notes the most helpful comments reference a specific
portion of the proposal, explain the reason for any recommended change,
and include supporting data.
List of Subjects in 49 CFR Part 845
Administrative practice and procedure, Investigations, Organization
and functions (Government agencies), Reporting and recordkeeping
requirements, Safety, Transportation.
For the reasons discussed in the preamble, the NTSB proposes to
amend 49 CFR part 845 as follows:
Title 49--Transportation
PART 845--RULES OF PRACTICE IN TRANSPORTATION: INVESTIGATIVE
HEARINGS; MEETINGS; AND REPORTS; PETITIONS FOR RECONSIDERATION
0
1. The authority citation for 49 CFR part 845 is revised to read as
follows:
Authority: Sec. 515, Pub. L. 106-554, App. C, 114 Stat. 2763,
2763A-153 (44 U.S.C. 3516 note); 49 U.S.C. 1112, 1113(f), 1116,
1131, unless otherwise noted.
0
2. Revise part 845 to read as follows:
845.1 Applicability of part.
Subpart A--Investigative Hearings
845.2 Investigative hearings.
845.3 Sessions open to the public.
845.4 Determination to hold hearing.
845.5 Board of inquiry.
845.6 Designation of parties.
845.7 Hearing officer.
845.8 Technical panel.
845.9 Prehearing conference.
845.10 Right of representation.
845.11 Examination of witnesses.
845.12 Evidence.
845.13 Proposed findings.
845.14 Transcript.
845.15 Payment of witnesses.
Subpart B--Meetings
845.20 Meetings.
845.21 Symposiums, forums, and conferences.
Subpart C--Miscellaneous Provisions
845.30 Board products.
845.31 Public docket.
845.32 Petitions for reconsideration or modification of report.
845.33 Investigation to remain open.
PART 845--RULES OF PRACTICE IN TRANSPORTATION: INVESTIGATIVE
HEARINGS; MEETINGS; AND REPORTS; PETITIONS FOR RECONSIDERATION
Sec. 845.1 Applicability.
Unless otherwise specifically ordered by the National
Transportation Safety Board (NTSB), the provisions of this part shall
govern all NTSB proceedings conducted under the authority of 49 U.S.C.
1113 and 1131, and reports issued by the Board.
Subpart A--Investigative Hearings
Sec. 845.2 Investigative hearings.
Investigative hearings are convened to assist the NTSB in further
developing the facts, conditions, and circumstances of the
transportation event, which will ultimately assist the Board in
determining the cause or probable cause of the event, and in
ascertaining measures that will tend to prevent such events and promote
transportation safety. Investigative hearings are fact-finding
proceedings with no adverse parties. They are not subject to the
provisions of the Administrative Procedure Act (5 U.S.C. 554), and are
not conducted for the purpose of determining the rights, liabilities,
or blame of any person or entity.
Sec. 845.3 Sessions open to the public.
(a) All investigative hearings shall normally be open to the
public. However, no person shall be allowed at any time to interfere
with the proper and orderly functioning of the hearing.
(b) Sessions shall not be open to the public when evidence of a
classified nature or which affects national security is to be received.
Sec. 845.4 Determination to hold hearing.
(a) The Board may order an investigative hearing as part of an
investigation whenever a hearing is deemed necessary in the public
interest.
(b) If a quorum of the Board is not immediately available, the
determination to hold an investigative hearing may be made by the
Chairman of the Board.
Sec. 845.5 Board of inquiry.
(a) Composition of board of inquiry. The board of inquiry shall
consist of a chairman of the board of inquiry, as specified in
paragraph (c) of this section, and other members in accordance with
Board policy.
(b) Duties of board of inquiry. The board of inquiry shall examine
witnesses and secure, in the form of a public record, facts pertaining
to the event under investigation and surrounding circumstances and
conditions from which the Board may determine probable cause and may
formulate recommendations and/or other documents for corrective or
preventative action.
(c) Chairman of board of inquiry.
(1) The NTSB will provide notice of the time and place of the
investigative hearing to all known interested persons.
(2) The chairman of the board of inquiry, or his or her designee,
shall have the following powers:
(A) To designate parties to the investigative hearing and revoke
such designations;
(B) To open, continue, or adjourn the investigative hearing;
(C) To determine the admissibility of and to receive evidence and
to regulate the course of the investigative hearing;
(D) To dispose of procedural requests or similar matters; and
(E) To take any other appropriate action to ensure the orderly
conduct of the investigative hearing.
Sec. 845.6 Designation of parties.
(a) The chairman of the board of inquiry shall designate as parties
to the investigative hearing those persons and organizations 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 to the investigative hearing shall be
represented by suitable representatives who do not occupy legal
positions.
(b) No party to the investigation and/or investigative hearing
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 to the investigative hearing.
Sec. 845.7 Hearing officer.
The investigative hearing officer, upon designation by the NTSB
Chairman, shall have the following powers:
(a) To give notice concerning the time and place of investigative
hearing;
(b) To administer oaths and affirmations to witnesses; and
(c) To issue subpoenas requiring the attendance and testimony of
witnesses and production of documents. The investigative hearing
officer may, in consultation with the chairman of the board of inquiry
and the Managing Director, add witnesses until the time of the
prehearing conference.
Sec. 845.8 Technical panel.
The appropriate office director(s) and/or the hearing officer, in
consultation
[[Page 14343]]
with the NTSB Managing Director, shall determine if a technical panel
is needed and, if so, shall designate members of the NTSB technical
staff to participate in the investigative hearing. Members of the
technical panel may conduct pre-screening of witnesses through
interviews, and may take other actions to prepare for the hearing. At
the hearing, the technical panel will initially examine the witnesses
through questioning. The technical panel shall examine witnesses and
secure, in the form of a public record, facts pertaining to the event
under investigation and surrounding circumstances and conditions.
Sec. 845.9 Prehearing conference.
(a) Except as provided in paragraph (d) of this section, the
chairman of the board of inquiry shall hold a prehearing conference
with the parties to the investigative hearing at a convenient time and
place prior to the hearing. At the prehearing conference, the parties
shall be advised of the witnesses to be called at the investigative
hearing, the areas in which they will be examined, and the exhibits
that will be offered in evidence.
(b) At the prehearing conference, parties to the investigative
hearing shall submit copies of any additional documentary exhibits they
desire to offer for admission at the hearing.
(c) A party to the investigative hearing who, at the time of the
prehearing conference, fails to advise the chairman of the board of
inquiry of additional exhibits he or she intends to submit, or
additional witnesses he or she desires to examine, shall be prohibited
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. The board of inquiry may hold an
investigative hearing on an expedited schedule. The chairman of the
board of inquiry may hold a prehearing conference for an expedited
investigative hearing. When an expedited investigative hearing is held,
the chairman of the board of inquiry may waive the requirements in
paragraphs (b) and (c) of this section concerning the identification of
witnesses, exhibits or other evidence.
Sec. 845.10 Right of representation.
Any person who appears to testify at an investigative hearing has
the right to be accompanied, represented, or advised by counsel or by
any other representative.
Sec. 845.11 Examination of witnesses.
(a) Examination. In general, the technical panel shall initially
examine witnesses. Following such examination, parties to the
investigative hearing shall be given the opportunity to examine such
witnesses. The board of inquiry shall then conclude the examination
following the parties' questions.
(b) Objections.
(1) 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 investigative hearing or any other
person.
(2) Such matters shall be controlled by rulings of the chairman of
the board of inquiry on his or her own motion. If the examination of a
witness by a party to the investigative hearing is interrupted by a
ruling of the chairman of the board of inquiry, the party shall have
the opportunity to show materiality, relevancy, or competency of the
testimony or evidence sought to be elicited from the witness.
Sec. 845.12 Evidence.
In accordance with Sec. 845.2, the chairman of the board of
inquiry shall receive all testimony and evidence that may be of aid in
determining the probable cause of the transportation event. He or she
may exclude any testimony or exhibits that are not pertinent to the
investigation or are merely cumulative.
Sec. 845.13 Proposed findings.
Following the investigative hearing, any party to the hearing may
submit proposed findings to be drawn from the testimony and exhibits, a
proposed probable cause, and proposed safety recommendations designed
to prevent future events. The proposals shall be submitted within the
time specified by the investigative hearing officer at the close of the
hearing, and shall be made a part of the public docket. Parties to the
investigative hearing shall serve copies of their proposals on all
other parties to the hearing.
Sec. 845.14 Transcript.
A verbatim report of the investigative hearing shall be taken. Any
interested person may obtain copies of the transcript from the NTSB or
from the court reporting firm preparing the transcript upon payment of
the fees fixed therefor. (See part 801, subpart G, Fee schedule.)
Sec. 845.15 Payment of witnesses.
Any witness subpoenaed to attend the investigative hearing under
this part shall be paid such fees for travel and attendance for which
the hearing officer shall certify.
Subpart B--Meetings
Sec. 845.20 Meetings.
The Board may hold a meeting concerning an investigation or Board
product, as described in Sec. 804.3 of this chapter or any other
circumstance, when the Board determines holding a meeting is in the
public interest.
Sec. 845.21 Symposiums, forums, and conferences.
(a)(1) Definitions. (i) A symposium is a public proceeding focused
on a specific topic, where invited participants provide presentations
of their research, views or expertise on the topic and are available
for questions.
(ii) A forum is a public proceeding generally organized in a
question-and-answer format with various invited participants who may
make presentation and are available for questioning by the Board or
designated NTSB staff as individuals in a panel format.
(iii) A conference is a large, organized proceeding where
individuals present materials, and a moderator or chairperson
facilitates group discussions.
(2) These proceedings are related to transportation safety matters
and will be convened for the purpose of focusing attention, raising
awareness, encouraging dialogue, educating the NTSB, or generally
advancing or developing safety recommendations. The goals of the
proceeding will be clearly articulated and outlined, and will be
consistent with the mission of the NTSB.
(b) A quorum of Board Members is not required to attend a forum,
symposium, or conference. All three types of proceedings described in
paragraph (a) of this section may have a relationship to previous or
ongoing investigative activities; however, their purpose is not to
obtain evidence for a specific investigation.
(c) Symposiums, forums, and conferences are voluntary for all
invited participants.
Subpart C--Miscellaneous Provisions
Sec. 845.30 Board products.
(a) Reports of investigations. (1) The Board will adopt a report on
the investigation. The report will set forth the relevant facts,
conditions and circumstances relating to the event and the probable
cause thereof, along with any appropriate safety recommendations and/or
safety alerts formulated on the basis of the
[[Page 14344]]
investigation. The scope and format of the report will be determined in
accordance with Board procedures.
(2) The probable cause and facts, conditions, and circumstances of
other events will be reported in a manner and form prescribed by the
Board. The NTSB allows the appropriate office director, under his or
her delegated authority as described in Sec. 800.25 of this chapter,
to issue a ``brief,'' which includes the probable cause and relevant
facts, conditions, and circumstances concerning the event. In
particular circumstances, the Board in its discretion may choose to
approve a brief. Such briefs do not include recommendations.
(b) NTSB studies and reports. (1) The NTSB may issue reports
describing investigations of more than one event that share
commonalities. Such reports are similar to event investigation reports,
as described in paragraph (a)(1) of this section. Such reports often
include safety recommendations and/or safety alerts, which the Board
adopts.
(2) Safety studies and reports. The NTSB issues safety studies and
reports, which usually examine safety concerns that require the
investigation of a number of related events to determine the extent and
severity of the safety issues. Such studies and reports often include
safety recommendations and/or safety alerts, which the Board adopts.
(c) Safety recommendations. The Board may adopt and issue safety
recommendations, either as part of a Board report or as a stand-alone
Board product.
Sec. 845.31 Public docket.
(a) Investigations. (1) As described in Sec. 801.3 of this
chapter, the public docket shall include factual information concerning
the event. Proposed findings submitted pursuant to Sec. Sec. 831.14 or
845.13 and petitions for reconsideration and modification submitted
pursuant to Sec. 845.32, comments thereon by other parties, and the
Board's rulings on proposed findings and petitions shall also be placed
in the public docket.
(2) The NTSB shall establish the public docket following the event,
and material shall be added thereto as it becomes available. Where an
investigative hearing is held, the exhibits will be introduced into the
record at the hearing and will be included in the public docket.
(b) Other Board reports and documents. The NTSB may elect to open
and place materials in a public docket concerning a safety study or
report, special investigation report, or other agency product. The NTSB
will establish the public docket following its issuance of the study or
report.
(c) Availability. The public docket shall be made available to any
person for review, as described in Sec. 801.30 of this chapter.
Records within the public docket are available at www.ntsb.gov.
Sec. 845.32 Petitions for reconsideration or modification of report.
(a) Requirements. (1) The Board will only consider petitions for
reconsideration or modification of findings and determination of
probable cause from a party or other person having a direct interest in
an investigation.
(2) Petitions must be in writing and addressed to the NTSB
Chairman. Please send your petition via email to
[email protected]. In the alternative, you may send your petition
via postal mail to: NTSB Headquarters at 490 L'Enfant Plaza SW.,
Washington, DC 20594.
(3) Petitions must be based on the discovery of new evidence or on
a showing that the Board's findings are erroneous.
(i) 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. (ii) Petitions
based on a claim of erroneous findings shall set forth in detail the
grounds upon which the claim is based.
(b) Acceptance of petitions. The Board will not consider petitions
that are repetitious of proposed findings submitted pursuant to Sec.
845.13, or of positions previously advanced.
(c) Proof of service. (1) 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 investigative hearing and proof of service shall be
attached to the petition. (2) Any party served with a copy of the
petition may file comments no later than 90 days after service of the
petition.
(d) Oral presentation. Oral presentation normally will not form a
part of proceedings under this section. However, oral presentation may
be permitted where a party or interested person specifically shows the
written petition for reconsideration or modification is an insufficient
means by which to present the party's or person's position.
Sec. 845.33 Investigation to remain open.
The Board never officially closes, but provides for the submission
of new and pertinent evidence by any interested person. If the Board
finds such evidence is relevant and probative, the evidence shall be
made a part of the public docket and, where appropriate, the Board will
provide parties an opportunity to examine such evidence and to comment
thereon.
Christopher A. Hart,
Acting Chairman.
[FR Doc. 2015-06187 Filed 3-18-15; 8:45 am]
BILLING CODE 7533-01-P