Appendix to Part 800 - Request to the Secretary of the Department of Transportation To Investigate Certain Aircraft Accidents
49:7.1.4.1.1.3.1.17.44 :
Appendix to Part 800 - Request to the Secretary of the Department
of Transportation To Investigate Certain Aircraft Accidents
(a) Acting pursuant to the authority vested in it by Title VII
of the Federal Aviation Act of 1958 (49 U.S.C. 1441) and section
304(a)(1) of the Independent Safety Board Act of 1974, the National
Transportation Safety Board (Board) hereby requests the Secretary
of the Department of Transportation (Secretary) to exercise his
authority subject to the terms, conditions, and limitations of
Title VII and section 304(a)(1) of the Independent Safety Board Act
of 1974, and as set forth below to investigate the facts,
conditions, and circumstances surrounding certain fixed-wing and
rotorcraft aircraft accidents and to submit a report to the Board
from which the Board may make a determination of the probable
cause.
(b) The authority to be exercised hereunder shall include the
investigation of all civil aircraft accidents involving rotorcraft,
aerial application, amateur-built aircraft, restricted category
aircraft, and all fixed-wing aircraft which have a certificated
maximum gross takeoff weight of 12,500 pounds or less except:
(1) Accidents in which fatal injuries have occurred to an
occupant of such aircraft, but shall include accidents involving
fatalities incurred as a result of aerial application operations,
amateur-built aircraft operations, or restricted category aircraft
operations.
(2) Accidents involving aircraft operated in accordance with the
provisions of Part 135 of the Federal Air Regulations entitled “Air
Taxi Operators and Commercial Operators of Small Aircraft.”
(3) Accidents involving aircraft operated by an air carrier
authorized by certificate of public convenience and necessity to
engage in air transportation.
(4) Accidents involving midair collisions.
(c) Provided, That the Board may, through the chiefs of
its field offices, or their designees who receive the initial
notifications, advise the Secretary, through his appropriate
designee, that the Board will assume the full responsibility for
the investigation of an accident included in this request in the
same manner as an accident not so included; and Provided
further, That the Board, through the chiefs of its field
offices, or their designees who receive initial notifications may
request the Secretary, through his appropriate designee, to
investigate an accident not included in this request, which would
normally be investigated by the Board under section (b) (1) through
(4) above, and in the same manner as an accident so included.
(d) Provided, That this authority shall not be construed
to authorize the Secretary to hold public hearings or to determine
the probable cause of the accident; and Provided further,
That the Secretary will report to the Board in a form acceptable to
the Board the facts, conditions, and circumstances surrounding each
accident from which the Board may determine the probable cause.
(e) And provided further, That this request includes
authority to conduct autopsies and such other tests of the remains
of deceased persons aboard the aircraft at the time of the
accident, who die as a result of the accident, necessary to the
investigations requested hereunder and such authority may be
delegated and redelegated to any official or employee of the
Federal Aviation Administration (FAA). For the purpose of this
provision, designated aviation examiners are not deemed to be
officials or employees of the FAA.
(f) Invoking the provisions of section 701(f) of the Federal
Aviation Act of 1958, and section 304(a)(1) of the Independent
Safety Board Act of 1974, is necessary inasmuch as sufficient funds
have not been made available to the Board to provide adequate
facilities and personnel to investigate all accidents involving
civil aircraft. This request, therefore, is considered to be
temporary in nature and may be modified or terminated by written
notice to the Secretary.
[49 FR 26232, June 27, 1984, as amended at 63 FR 71606, Dec. 29,
1998]