49 C.F.R. Subpart B—Delegations of Authority to Staff Members
Title 49 - Transportation
The purpose of this Subpart B is to publish special delegations of authority to staff members. [60 FR 61489, Nov. 30, 1995] (a) The Board delegates to the Managing Director the authority to: (1) Make the final determination, on appeal, as to whether to withhold a Board record from inspection or copying, pursuant to Part 801 of this chapter. (2) Approve for publication in the (b) The Chairman delegates to the Managing Director the authority to exercise and carry out, subject to the direction and supervision of the Chairman, the following functions vested in the Chairman: (1) The appointment and supervision of personnel employed by the Board; (2) The distribution of business among such personnel and among organizational components of the Board; and (3) The use and expenditure of funds. [60 FR 61489, Nov. 30, 1995] The Board delegates to the administrative law judges the authority generally detailed in its procedural regulations at Part 821 of this chapter. [60 FR 61489, Nov. 30, 1995] The Board delegates to the General Counsel the authority to: (a) Approve, disapprove, request more information, or otherwise handle requests for testimony of Board employees with respect to their participation in the investigation of accidents, and, upon receipt of notice that an employee has been subpoenaed, to make arrangements with the court either to have the employee excused from testifying or to give the employee permission to testify in accordance with the provisions of Part 835 of this Chapter. (b) Approve or disapprove in safety enforcement proceedings, for good cause shown, requests for extensions of time or for other changes in procedural requirements subsequent to the initial decision, grant or deny requests to file additional and/or amicus briefs pursuant to §§821.9 and 821.48 of this Chapter, and raise on appeal any issue the resolution of which he deems important to the proper disposition of proceedings under §821.49 of this Chapter. (c) Approve or disapprove, for good cause shown, requests to extend the time for filing comments on proposed new or amended regulations. (d) Issue regulations for the purpose of making editorial changes or corrections in the Board's rules and regulations. (e) Issue orders staying or declining to stay, pending judicial review, orders of the Board suspending or revoking certificates, and consent to the entry of judicial stays with respect to such orders. (f) Compromise civil penalties in the case of violations arising under The Independent Safety Board Act of 1974, as amended, or any rule, regulation, or order issued thereunder. (g) Issue orders dismissing appeals from initial decisions of Board administrative law judges pursuant to the request of the appellant or, where the request is consensual, at the request of any party. (h) Correct Board orders by eliminating typographical, grammatical, and similar errors, and make editorial changes therein not involving matters of substance. (i) Take such action as appropriate or necessary adequately to compromise, settle, or otherwise represent the Board's interest in judicial or administrative actions to which the Board is a party or in which the Board is interested. (j) Dismiss late filed notices of appeal and appeal briefs for lack of good cause. [60 FR 61489, Nov. 30, 1995, as amended at 63 FR 71606, Dec. 29, 1998] The Board delegates to the Directors of the Offices of Aviation, Railroad, Highway, Marine, and Pipeline and Hazardous Materials Safety, the authority to: (a) Order an investigation into the facts, conditions, and circumstances of accidents that the Board has authority to investigate. (b) Disclose factual information pertinent to all accidents or incidents as provided for in Part 801 of this chapter. (c) Determine the probable cause(s) of accidents in which the determination is issued in the “Brief of Accident” format, except that the Office Director will submit the findings of the accident investigation to the Board for determination of the probable cause(s) when (1) any Board Member so requests, (2) it appears to the Office Director that, because of significant public interest, a policy issue, or a safety issue of other matter, the determination of the probable cause(s) should be made by the Board, or (3) the accident investigation will be used to support findings in a special investigation or study. Provided, that a petition for reconsideration or modification of a determination of the probable cause(s) made under §845.41 of this Chapter shall be acted on by the Board. (d) Consistent with Board resources, investigate accidents as provided under §304(a) of the Independent Safety Board Act of 1974, as amended (49 U.S.C. 1131(a)) and the Appendix to this Part. [60 FR 61489, Nov. 30, 1995, as amended at 63 FR 71606, Dec. 29, 1998] The Board delegates to the Chief, Public Inquiries Branch, the authority to determine, initially, the withholding of a board record from inspection or copying, pursuant to part 801 of this chapter. [63 FR 71606, Dec. 29, 1998] The Board delegates to any officer or employee of the Board designated by the Chairman of the Safety Board the authority to sign and issue subpoenas, and administer oaths and affirmations, and to take depositions or cause them to be taken in connection with the investigation of transportation accidents or incidents. [60 FR 61490, Nov. 30, 1995] The Board delegates to the Chief Financial Officer the authority to settle claims for money damages of $2,500 or less against the United States arising under Section 2672 of 28 United States Code (the Federal Tort Claims Act) because of acts or omissions of Board employees. [63 FR 71606, Dec. 29, 1998] (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]
Title 49: Transportation
PART 800—ORGANIZATION AND FUNCTIONS OF THE BOARD AND DELEGATIONS OF AUTHORITY
Subpart B—Delegations of Authority to Staff Members
§ 800.21 Purpose.
§ 800.22 Delegation to the Managing Director.
§ 800.23 Delegation to the administrative law judges, Office of Administrative Law Judges.
§ 800.24 Delegation to the General Counsel.
§ 800.25 Delegation to the Directors of Office of Aviation Safety, Office of Railroad Safety, Office of Highway Safety, Office of Marine Safety, and Office of Pipeline and Hazardous Materials Safety.
§ 800.26 Delegation to the Chief, Public Inquiries Branch.
§ 800.27 Delegation to investigative officers and employees of the Board.
§ 800.28 Delegation to the Chief Financial Officer.
Appendix to Part 800—Request to the Secretary of the Department of Transportation To Investigate Certain Aircraft Accidents
