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

Page 168 TITLE 49—TRANSPORTATION § 1132 Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].’’ MEMORANDUM OF UNDERSTANDING Pub. L. 106–424, § 8, Nov. 1, 2000, 114 Stat. 1886, pro- vided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Under- standing governing major marine accidents— ‘‘(1) to redefine or clarify the standards used to de- termine when the National Transportation Safety Board will lead an investigation; and ‘‘(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.’’ § 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 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 notifi- cation and reporting of accidents involving civil aircraft. (c) PARTICIPATION OF SECRETARY.—The Board shall provide for the participation of the Sec- retary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the du- ties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause. (d) ACCIDENTS INVOLVING ONLY MILITARY AIR- CRAFT.—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. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 753.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1132(a)(1) .... 49 App.:1441(a)(2). Aug. 23, 1958, Pub. L. 85–726, §§ 701(a)(1), (2), (c) (1st sentence), (g), 702, 72 Stat. 781, 782. 49 App.:1442(a). 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168. 1132(a)(2) .... 49 App.:1441(c) (1st sentence). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1132(b) ........ 49 App.:1441(a)(1). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1132(c) ........ 49 App.:1441(g). 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1132(d) ........ 49 App.:1442(b), (c). 49 App.:1655(c)(1), (d) (1st sentence). 49 App.:1903(a)(1)(A). In subsection (a)(1)(A), the words ‘‘and report the facts, conditions, and circumstances related to each ac- cident and the probable cause thereof’’ in 49 App.:1441(a)(2) are omitted as unnecessary because of section 1131(d) of the revised title. In subsection (a)(1)(B), the words ‘‘provide for’’ in 49 App.:1442(a) are omitted as surplus. In subsection (a)(2), the words ‘‘any member of the National Transportation Safety Board or any officer or employee of the National Transportation Safety Board’’ in 49 App.:1441(c) are omitted as unnecessary because of sections 1113 and 1134 of the revised title. In subsections (c) and (d), the words ‘‘Secretary of Transportation’’ and ‘‘Secretary’’ are substituted for ‘‘Administrator’’ in sections 701(g) and 702(b) and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 782) for consistency. Section 6(c)(1) of the Depart- ment of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Sec- retary of Transportation. However, the Secretary was to carry out certain provisions through the Adminis- trator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g). In subsection (c), the words ‘‘and his representatives’’ in 49 App.:1441(g) are omitted because of 49:322(b). The words ‘‘when participation is necessary to carry out the duties and powers’’ are substituted for ‘‘In order to assure the proper discharge . . . of his duties and re- sponsibilities’’ to eliminate unnecessary words. The words ‘‘or his representatives’’ are omitted because of 49:322(b). § 1133. Review of other agency action The National Transportation Safety Board shall review on appeal— (1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title; (2) the revocation of a certificate of registra- tion under section 44106 of this title; (3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and (4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 754.)