49 C.F.R. Subpart F—Exemption From Public Disclosure
Title 49 - Transportation
This subpart implements section 552 (b) of title 5, United States Code. Section 552 (a) and (b) exempt certain records from public inspection. The Board will, however, release a record authorized to be withheld under section 552(b) unless it determines that the release of that record would be inconsistent with the purpose of the exemption concerned. Examples of records given in §§801.51 through 801.58 included within a particular statutory exemption are not necessarily illustrative of all types of records covered by the exemption. National defense and foreign policy secrets established by Executive Order, and properly classified, are exempt from public disclosure. Requests to the Board for such records will be transferred to the source agency as appropriate. (Executive Orders 11652, March 8, 1972; 10865, February 20, 1960; and 10104, February 1, 1950.) (a) Records relating solely to internal personnel rules and practices that are within the statutory exemptions include memoranda pertaining to personnel matters such as staffing policies, and procedures for the hiring, training, promotion, demotion, or discharge of employees, and management plans, records, or proposals relating to labor-management relations. (b) The purpose of this section is to protect any records relating to internal personnel rules and practices dealing with the relations between Board management and employees. This exemption applies to records specifically exempted from disclosure by statute (other than 5 U.S.C. 552b): Provided, That such statute (a) requires that the matters be withheld from the public in such manner as to leave no discretion on the issue, or (b) establishes particular criteria for withholding or refers to particular types of matters to be withheld. (Authority: 5 U.S.C. 552b) [42 FR 13284, Mar. 10, 1977] (a) Any record prepared by a Board employee for internal Government use is within the statutory exemption to the extent that it contains— (1) Opinions made in the course of developing official action by the Board but not actually made a part of that official action, or (2) Information concerning any pending Board proceeding, or similar matter, including any claim or other dispute to be resolved before a court of law, administrative board, hearing officer, or contracting officer. (b) The purpose of this section is to protect the full and frank exchange of ideas, views, and opinions necessary for the effective functioning of the Government. These resources must be fully and readily available to those officials upon whom the responsibility rests to take official Board action. Its purpose is also to protect against the premature disclosure of material that is in the developmental stage, if premature disclosure would be detrimental to the authorized and appropriate purposes for which the material is being used, or if, because of its tentative nature, the material is likely to be revised or modified before it is officially presented to the public. (c) Examples of materials covered by this section include staff papers containing advice, opinions, or suggestions preliminary to a decision or action; advance information on such things as proposed plans to procure, lease, or otherwise hire and dispose of materials, real estate, or facilities; documents exchanged preparatory to anticipated legal proceedings; material intended for public release at a specified future time, if premature disclosure would be detrimental to orderly processes of the Board; records of inspections, investigations, and surveys pertaining to internal management of the Board; and matters that would not be routinely disclosed in litigation but which are likely to be the subject of litigation. Any personal, medical, or similar file is within the statutory exemption if its disclosure would harm the individual concerned or would be a clearly unwarranted invasion of his personal privacy. This also applies to financial statements furnished by Board Members and employees and to commercial or financial information customarily subjected to an attorney-client or similar privilege. This exemption from public disclosure applies to records compiled for law enforcement, but only to the extent that disclosure would interfere with enforcement, would be an unwarranted invasion of privacy, would disclose the identity of a confidential source, would disclose investigative procedures and practices, or would endanger the life or security of law enforcement personnel. Records compiled for agencies regulating or supervising financial institutions are exempt from public disclosure. Records concerning geological wells are exempt from public disclosure. Trade secrets and commercial or financial information obtained from a person and privileged or confidential are exempt from public disclosure. [42 FR 13284, Mar. 10, 1977] 1. Fees (pursuant to 31 U.S.C. 483a). Upon request, services relating to public documents are available at the following fees: A. Publications (1) The response to public requests for the following NTSB publications are handled by the National Technical Information Service (NTIS). The following publications are available through single copies or annual subscriptions and may be purchased in paper copy or 98 page per film microfiche (fees are subject to change by NTIS): (2) Send publication orders for the above documents to the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, identifying each subscription by the NTSB Report Number or the NTIS accession number. Telephone (703) 487–4630 (annual subscriptions) or (703) 487–4650 (single copies or microfiche). The NTSB Report Number and the NTIS accession number can be obtained from the NTSB Public Inquiries Section. B. Access to transportation accident files (all modes). All files dated prior to January 1, 1978, are in hard copy form and are maintained in the Federal Records Center. Files dated January 1, 1978, to present are maintained in microfiche at the NTSB headquarters. All documents in the Board's public files may be examined, without charge, in the Board's public reference room, located in the Public Inquiries Section, Room 805F, 800 Independence Avenue, SW., Washington, DC, telephone (202) 382–6735. A self-service duplicator in the reference room is available for use by the public at a nominal cost. Usually, two weeks' time is required to service a request for reproduction. Filling any request for reproduction of a file that must be retrieved from the Federal Records Center will require two additional weeks. (1) Availability of accident files. All transportation mode accident files are retained in accordance with the following schedule: a. Air carrier accident files and all public hearing files are retained for a period of fifteen (15) years and then destroyed. b. All other transportation accident files are retained for a period of seven (7) years and then destroyed. (2) Reproduction of accident files. Reproduction of accident files (statements, photographs, hearing transcripts, and other material contained in the Board's accident investigation files) is provided by commercial contractor. Reproduction of printed matter and photographs are made from the best copy available. Requests must be forwarded to the Public Inquiries Section, National Transportation Safety Board, Washington, DC 20594. The contractor may bill and/or require full payment before duplicating the requested documents. Fees are subject to change depending upon the terms of the Board's annual contract. Current fees are: a. Microfiche Duplicate, $1.65 b. Microfiche Blowback, .11 c. Aperture Card Blowback, 1.40 d. Photographs (from aperture card): 8&inch;x10&inch; B&W Glossy Print, 1.65 8&inch;x10&inch; Color Prints, 2.75 5&inch;x7&inch; Color Prints, 2.47 3 e. Hardcopy Reproduction: 8 8 10&inch;x14&inch; .05 Oversized Pages (Larger than 10&inch;x14&inch;), .03/sq. in. f. Photographs (from prints): 8&inch;x10&inch; B&W Glossy Prints, 1.65 8&inch;x10&inch; Color Prints, 2.75 5&inch;x7&inch; Color Prints, 2.47 3 2&inch;x2&inch; Color Slides, 2.47 g. Minimum Order Complete File, 1.00 h. Preliminary Report (only), 1.35 i. Probable Cause (only), 1.35 C. Request for other Board information. Requests for any other Board information such as files on safety recommendations, safety studies, Board orders, Board opinions and orders, and initial decisions are available at a cost of 14 cents per page(s) ($1.00 minimum charge). These services are provided by a public contractor who may pre-bill or require full payment before duplicating the requested documents. Requests must be forwarded to the Public Inquiries Section, National Transportation Safety Board, Washington, DC 20594. D. Reproduction services through the commercial contractor are handled as follows: Step 1: Requestor places written or telephone order with the Board's Public Inquiries Section for desired documents. Step 2: The Public Inquiries Section identifies the documents and forwards the request to the contractor. Step 3: The contractor provides the requestor with an invoice showing the actual costs for the service requested plus postage. Step 4: Requestor returns a copy of the contractor's invoice with full payment enclosed. Requestor has the option of opening a charge account with the contractor, and contractor will accept major credit cards. (Contractor must respond to request within five working days after receipt of payment.) Step 5: Contractor reproduces documents and mails them directly to the requestor. E. Expedited service. A $2.25 surcharge will be made for expedited service which will be provided within 2 working days commencing when the contractor receives advance payment or other arrangements have been made with the contractor. F. A fee of $4.00 will be charged for certification of documents under the Board's seal. G. Computer tapes and services for aviation accidents. The duplication of computer tapes (or a portion thereof) will be made on requestor supplied magnetic tape for a fee of $40.00. The requestor must provide a 2,400-foot magnetic tape certified to at least 1,600 bits per inch. Computer tape requests should be addressed to the Public Inquiries Section, National Transportation Safety Board, Washington, DC 20594. H. The basic fees set forth provide for ordinary first-class postage prepaid. If registered, certified, air, or special delivery mail is requested, postal fees therefor will be added to the basic fee. Also, if special handling or packaging is required, the cost will be added to the basic fee. 2. Services available free of charge. A. The following documents are available without commercial reproduction cost until limited supplies are exhausted: (1) Press releases, (2) Safety Board regulations (chapter VIII of title 49, Code of Federal Regulations), (3) Indexes to initial decisions, Board orders, opinion and orders, and staff manuals and instructions, (4) Safety recommendations, and (5) NTSB Annual Report. B. NTSB News Digest. The News Digest describes NTSB activities and summarizes certain publications. The News Digest is free, and anyone who is interested in being added to this mailing list should contact the Public Inquiries Section, National Transportation Safety Board, Washington, DC 20594. 3. Documents search fee—The Board has determined that it is in the public interest to eliminate fees for the first hour of search time. For all time expended in locating documents beyond the initial hour, the fee is $5.00 per hour. 4. Publication, reproduction, and search fees are waived for qualifying foreign countries, international organizations, nonprofit public safety entities, State and Federal transportation agencies, and colleges and universities, after approval by the Director, Bureau of Administration. In addition, fees may be waived or reduced for other requestors not in any of the foregoing categories, when it is determined by the Director, Bureau of Administration that a waiver is appropriate and would contribute to the Board's programs. (5 U.S.C. 552, 31 U.S.C. 483a, and 49 U.S.C. 1901 et seq.) [49 FR 4496, Feb. 7, 1984]
Title 49: Transportation
PART 801—PUBLIC AVAILABILITY OF INFORMATION
Subpart F—Exemption From Public Disclosure
§ 801.50 General.
§ 801.51 National defense and foreign policy secrets.
§ 801.52 Internal personnel rules and practices of the Board.
§ 801.53 Records exempt by statute from disclosure.
§ 801.54 Interagency and intra-agency exchanges.
§ 801.55 Unwarranted invasion of personal privacy.
§ 801.56 Records compiled for law enforcement purposes.
§ 801.57 Records for regulation of financial institutions.
§ 801.58 Geological records.
§ 801.59 Trade secrets and commercial or financial information.
Appendix to Part 801—Fee Schedule
------------------------------------------------------------------------ Calendar Single year Microfiche copies subscription------------------------------------------------------------------------PB84-910400 Aircraft Accident $5.00 $55.00 (\1\) Reports............................PB84-916200 Highway Accident Reports (\1\) 50.00 (\1\)PB84-916300 Railroad Accident (\1\) 55.00 (\1\) Reports............................PB84-916400 Marine Accident Reports. (\1\) 60.00 (\1\)PB84-916500 Pipeline Accident (\1\) 45.00 (\1\) Reports............................PB84-916900 Aviation Accident Briefs (\1\) 160.00 (\1\)PB84-917100 Highway Accident Briefs. 12.50 (\2\) (\1\)PB84-917200 Railroad Accident Briefs 12.50 (\2\) (\1\)PB84-917300 Marine Accident Briefs.. 10.00 (\2\) (\1\)PB84-917400 Pipeline Accident Briefs 10.00 (\2\) (\1\)PB84-916600 Transportation Safety (\1\) 55.00 (\1\) Recommendations....................PB84-916700 Transportation Initial (\1\) 200.00 (\1\) Decisions and Orders and Board Opinions & Orders..............PB84-917000 Transportation Special (\1\) 50.00 (\1\) Reports \3\........................------------------------------------------------------------------------\1\ Variable prices based on number of pages; contact NTIS for price quote.\2\ Highway, Railroad, Marine and Pipeline brief subscriptions are available by standing order only and require an NTIS deposit account (they are issued at irregular intervals, and charges at single copy rates will be made only as reports are distributed).\3\ Transportation Special Reports [this category includes all forms of Safety Studies (formerly titled Special Studies, and Safety Effectiveness Evaluations), Special Investigation Reports, and Railroad/Highway Accident Reports].
