Accident Investigation

147 Surface Transportation Board § 1114.23 party or person against whom dis- covery is sought to cover the reason- able expenses incurred; (4) That the discovery may be had only by a method other than that se- lected by the party seeking discovery; (5) That certain matters not be in- quired into or that the scope of dis- covery be limited to certain matters; (6) That discovery be conducted with no one present except persons des- ignated in the protective order; (7) That a deposition after being sealed be opened only by order of the Board; (8) That a trade secret or other con- fidential research development or com- mercial information not be disclosed or be disclosed only in a designated way; and (9) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened only upon direction or order of the Board.

The party seeking such approval must file an appropriate motion containing an explanation of the party’s need for the information and a draft protective order and under- taking(s) that will ensure the agree- ment is kept confidential.

Subject to the provisions of § 1114.21(a), any party may serve upon any other party written interrogatories to be an- swered by the party served, or if the party served is a public or private cor- poration, partnership, association, or Governmental agency (other than this Board, except in those instances where the Board itself is a party to the pro- ceeding), by any officer or agent, who shall furnish such information as is available to the party.

Any party may serve on any other party a request: (1) To produce and permit the party making the request to inspect any des- ignated documents (including writings, drawings, graphs, charts, photographs, phonograph records, tapes, and other data compilations from which informa- tion can be obtained, translated, if nec- essary, with or without the use of de- tection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which are in the possession, custody, or control of the party upon whom the request is served, but if the writings or data com- pilations include privileged or propri- etary information or information the disclosure of which is proscribed by the Act, such writings or data compila- tions need not be produced under this rule but may be provided pursuant to § 1114.26(b) of this part; or (2) To permit, subject to appropriate liability releases and safety and oper- ating considerations, entry upon des- ignated land or other property in the possession or control of the party upon whom the request is served for the pur- pose of inspecting and measuring, sur- veying, photographing, testing, or sam- pling the property or any designated object or operation thereon.

Exhibits should not be argumentative and should be limited to statements of facts, and be relevant and material to the issue, which can better be shown in that form than by oral testimony. [47 FR 49562, Nov. 1, 1982, as amended at 61 FR 52713, Oct. 8, 1996] Subpart B—Discovery § 1114.21 Applicability; general provi- sions.

If a party offers in evidence any mat- ter contained in a report or other docu- ment open to public inspection in the files of the Board, such report or other document need not be made available at the hearing. [47 FR 49562, Nov. 1, 1982, as amended at 61 FR 52713, Oct. 8, 1996] § 1114.5 Records in other Board pro- ceedings.

The Board, on its own initia- tive or if such objection is made, may order such information withheld from public disclosure when, in its judg- ment, the information may be withheld under the provisions of an exemption to the Freedom of Information Act (5 U.S.C. 552, see part 801 of this chapter), and its release is found not to be in the public interest. § 831.57 Representation during an interview.

Accordingly, for violations of 49 U.S.C. 1132, 1134(b), 1134(f)(1), or 1136(g), the NTSB may as- sess a civil penalty pursuant to 49 U.S.C. 1155(a) no greater than $1,617 against any person, except a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice, when the member or employee is performing official duties. [82 FR 47402, Oct. 12, 2017] Subpart B—Aviation Investigations § 831.20 Authority of NTSB in aviation accident investigations.

Parties are prohibited from releasing information obtained during an investigation at any time prior to the NTSB’s public re- lease of information unless the release is consistent with the following cri- teria: (1) Information released at the scene of an accident— (i) Is limited to factual information concerning the accident and the inves- tigation released in coordination with the IIC; and (ii) Will be made by the Board Mem- ber present at the scene as the official spokesperson for the NTSB.

(4) Any other release of factual infor- mation related to the investigation must be approved by the IIC prior to release, including: (i) Dissemination within a party or- ganization, for a purpose not described in paragraph (b)(3) of this section; (ii) Documents that provide informa- tion concerning the investigation, such as written directives or informational updates for release to employees or customers of a party; (iii) Information related to the inves- tigation released to an organization or person that is not a party to the inves- tigation; (d) The release of recordings or tran- scripts from certain recorders may be made only in accordance with the stat- utory limitations of 49 U.S.C. 1114(c) and (d). § 831.14 Proposed findings.

(4) Investigations performed by other Federal agencies during an NTSB in- vestigation are addressed in § 831.5 of this part. § 831.12 Access to and release of wreckage, records, mail, and cargo.

705 National Transportation Safety Board § 831.61 (1) Conduct hearings; (2) Administer oaths; (3) Require, by subpoena or other means, the production of evidence and witnesses; (4) Enter any property where a major marine casualty or marine casualty subject to the NTSB’s jurisdiction has occurred, or wreckage from any such major marine casualty or marine cas- ualty is located, and take all actions necessary to conduct a complete inves- tigation; (5) Inspect, photograph, or copy any records or information (including med- ical records pursuant to paragraph (b)(2) of this section), and correspond- ence regardless of the date of its cre- ation or modification, for the purpose of investigating an accident; (6) Question any person having knowledge relevant to a marine cas- ualty or major marine casualty.