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49 U.S.C. § 1131 — General authority

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1131 — General authority

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Stable record: federal_law:legal_authorities:record_usc_004b0374101831e1769883c7
Source file: Laws/federal/codes/united-states-code/title-49/section-1131-general-authority--4db076e57b.md
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Source location: Title 49, Chapter 11, § 1131; chapter-011-national-transportation-safety-board.md

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**(a) General.—** (1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of— (A) an aircraft accident the Board has authority to investigate under [section 1132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1132&num=0&edition=prelim) or an aircraft accident involving a public aircraft as defined by [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim) other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States; (B) a highway accident, including a railroad grade crossing accident, the Board selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency; (C) a railroad— (i) accident in which there is a fatality or substantial property damage, except— (I) a grade crossing accident or incident, unless selected by the Board; or (II) an accident or incident involving a trespasser, unless selected by the Board; or (ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and— (I) was a grade crossing accident or incident, unless selected by the Board; or (II) such accident or incident involved a trespasser, unless selected by the Board; (D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment; (E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in [section 116 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim)), under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and (F) any other accident related to the transportation of individuals or property when the Board decides— (i) the accident is catastrophic; (ii) the accident involves problems of a recurring character; or (iii) the investigation of the accident would carry out this chapter. (2) (A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (1)(A)–(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident. (B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section. (C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved. (3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)–(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner. **(b) Accidents Involving Public Vessels.—** (1) The Board or the head of the department in which the Coast Guard is operating shall investigate and establish the facts, circumstances, and cause or probable cause of a marine accident involving a public vessel and any other vessel. The results of the investigation shall be made available to the public. (2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this section do not affect the responsibility, under another law of the United States, of the head of the department in which the Coast Guard is operating. **(c) Accidents Not Involving Government Misfeasance or Nonfeasance.—** (1) When asked by the Board, the Secretary of Transportation or the Secretary of the department in which the Coast Guard is operating may— (A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and (B) report the facts and circumstances of the accident to the Board. (2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section. **(d) Accidents Involving Public Aircraft.—** The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132(a), 1132(b), and 1134(a), (b), (d), and (f) of this title. **(e) Accident Reports.—** The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public— (1) in electronic form at no cost in a publicly accessible database on a website of the Board; and (2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost. **(f) Timeliness of Reports.—** If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report identifying such accident report and the reasons for which such report has not been completed. The Board shall report progress toward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40102 — Definitions

**(a) General Definitions.—** In this part— (1) “aeronautics” means the science and art of flight. (2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. (3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce. (4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) runway lighting and airport surface visual and other navigation aids; (C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; (D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; (E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and (F) buildings, equipment, and systems dedicated to the national airspace system. (5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. (7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller. (8) “airman” means an individual— (A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) exce

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40102

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1136 — Assistance to passengers involved in aircraft accidents and families of such passengers

**(a) In General.—** As soon as practicable after being notified of an aircraft accident within United States airspace or airspace delegated to the United States involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency, the Chairman of the Board shall— (1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and (2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers. **(b) Responsibilities of the Board.—** The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a). **(c) Responsibilities of Designated Organization.—** The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to passengers involved in the accident and the families of such passengers: (1) To provide emotional care, psychological care, and family support services, in coordination with the disaster response team of the air carrier or foreign air carrier involved. (2) To take such actions as may be necessary to provide an environment in w

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1136

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1132 — Civil aircraft accident investigations

**(a) General Authority.—** (1) The National Transportation Safety Board shall investigate— (A) each accident involving civil aircraft; and (B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft. (2) A person employed under [section 1113(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1113/b/1&num=0&edition=prelim) that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board. **(b) Notification and Reporting.—** The Board shall prescribe regulations governing the notification and reporting of accidents involving civil aircraft. **(c) Participation of Secretary.—** The Board shall provide for the participation of the Secretary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause. **(d) Accidents Involving Only Military Aircraft.—** If an accident involves only military aircraft and a duty of the Secretary is or may be involved, the military authorities shall provide for the participation of the Secretary. In any other accident involving only military aircraft, the military authorities shall give the Board or Secretary information the military authorities decide would contribute to the promotion of air safety.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1132

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1101 — Definitions

**(a) In General.—** In this chapter: (1) **Accident.—** — The term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise. (2) **State.—** — The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. **(b) Applicability of Other Definitions.—** Section 2101(24) 11 So in original. Probably should be “2101(25)”. of title 46 and [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim) shall apply to this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 116 — Vessel of the United States

In this title, the term “vessel of the United States” means a vessel documented under chapter 121 of this title (or exempt from documentation under [section 12102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12102/c&num=0&edition=prelim)), numbered under chapter 123 of this title, or titled under the law of a State.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1131 — General authority

Page 165 TITLE 49—TRANSPORTATION § 1131 (5) RECOMMENDATIONS OF THE ADMINIS- TRATOR.—The Administrator may, from time to time, request the Board to consider revi- sions (including additions to the classification system developed under this section). The Board shall respond to any request made by the Administrator under this section not later than 90 days after receiving that request. (c) APPEALS.— (1) NOTIFICATION OF RIGHTS.—In any case in which an employee of the Board determines that an occurrence associated with the oper- ation of an aircraft constitutes an accident, the employee shall notify the owner or oper- ator of that aircraft of the right to appeal that determination to the Board. (2) PROCEDURE.—The Board shall establish and publish the procedures for appeals under this subsection. (3) LIMITATION ON APPLICABILITY.—This sub- section shall not apply in the case of an acci- dent that results in a loss of life. (Added Pub. L. 104–264, title IV, § 407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108–168, § 5, Dec. 6, 2003, 117 Stat. 2034.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996. AMENDMENTS 2003—Subsec. (c). Pub. L. 108–168 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Except as otherwise specifically provided, section ap- plicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title. MULTIMODAL ACCIDENT DATABASE MANAGEMENT SYSTE

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 1131

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