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49 U.S.C. § 1117 — Methodology

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

49 U.S.C. § 1117 — Methodology

**(a) In General.—** Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation. **(b) Elements.—** Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation— (1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation; (2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and (3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation. **(c) Acceptable Limitation.—** If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples. **(d) Exception.—** Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on— (1) an existing agency best practices document; or (2) an existing regulatory requirement. **(e) Rule of Construction.—** Nothing in this section may be construed t

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Stable record: federal_law:legal_authorities:record_usc_0ae17e6e6899b5cf32050dfa
Source file: Laws/federal/codes/united-states-code/title-49/section-1117-methodology--aa056859c6.md
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Source location: Title 49, Chapter 11, § 1117; chapter-011-national-transportation-safety-board.md

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**(a) In General.—** Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation. **(b) Elements.—** Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation— (1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation; (2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and (3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation. **(c) Acceptable Limitation.—** If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples. **(d) Exception.—** Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on— (1) an existing agency best practices document; or (2) an existing regulatory requirement. **(e) Rule of Construction.—** Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act. **(f) Savings Clause.—** Nothing in this section may be construed— (1) to delay publication of the findings, cause, or probable cause of a Board investigation; (2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or (3) to limit the number of examples the Board may consider before issuing a recommendation.

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

49 U.S.C. § 1113 — Administrative

**(a) General Authority.—** (1) The National Transportation Safety Board, and when authorized by it, a member of the Board, an administrative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairman of the Board, may conduct hearings to carry out this chapter, administer oaths, and require, by subpoena or otherwise, necessary witnesses and evidence. (2) A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (3) A subpoena shall be issued under the signature of the Chairman or the Chairman’s delegate but may be served by any person designated by the Chairman. (4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court. **(b) Additional Powers.—** (1) The Board may— (A) procure the temporary or intermittent services of experts or consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); (B) make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41; (C) use

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

49 U.S.C. § 1117 — Methodology

Page 162 TITLE 49—TRANSPORTATION § 1117 (6) a list of accidents, during the prior cal- endar year, that the Board was required to in- vestigate under section 1131 but did not inves- tigate and an explanation of why they were not investigated; and (7) a list of ongoing investigations that have exceeded the expected time allotted for com- pletion by Board order and an explanation for the additional time required to complete each such investigation. (d) RETROSPECTIVE REVIEWS.— (1) IN GENERAL.—Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall com- plete a retrospective review of recommenda- tions issued by the Board that are classified as open by the Board. (2) CONTENTS.—A review under paragraph (1) shall include— (A) a determination of whether the rec- ommendation should be updated, closed, or reissued in light of— (i) changed circumstances; (ii) more recently issued recommenda- tions; (iii) the availability of new technologies; or (iv) new information making the rec- ommendation ineffective or insufficient for achieving its objective; and (B) a justification for each determination under subparagraph (A). (3) REPORT.—Not later than 180 days after the date a review under paragraph (1) is com- plete, the Chairman shall submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that in- cludes— (A) the findings of the review under para- graph (1); (B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and (C) if applicable, a schedule for updating, closing, or reissuing a recommendation. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Sta

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