§1116 — Title 49 Transportation | U.S. Code

Summary

The National Transportation Safety Board must regularly send reports and advice to Congress, federal, state, and local safety officials, and other interested people. The Board must push for actions that cut the chances of accidents like those it investigated and suggest fixes to make travel as safe as possible and to reduce injuries. The Board must also do special safety studies, look into ways to investigate accidents and publish recommended procedures, set rules for who must report accidents and certain incidents (including public aircraft except military and intelligence planes), check how well other government agencies prevent accidents, and review safeguards for moving hazardous materials. The Board must send one detailed report to Congress by July 1 each year. That yearly report must include: a statistical and analytic summary of the prior calendar year’s investigations; a summary of the Board’s recommendations and the responses to them; a list of any recommendation to the Secretary of Transportation or the Coast Guard that was closed in an unacceptable status in the preceding 12 months with explanations from both sides; an appraisal of other agencies’ investigation and prevention work; a description of the NTSB Training Center’s activities; a list of accidents the Board was required to investigate but did not and why; and a list of overdue investigations and why they took longer. By June 1, 2019 and at least every 5 years after, the Chairman must review open recommendations to decide if each should be updated, closed, or reissued because of changed circumstances, newer recommendations, new technologies, or new information, give reasons for each decision, and send those findings to the congressional committees within 180 days.

Title 49, §1116

Transportation — Source: USLM XML via OLRC

(a)The National Transportation Safety Board shall report periodically to Congress, departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities concerned with transportation safety, and other interested persons. The report shall—

(1)advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and

(2)propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.

(b)The Board also shall—

(1)carry out special studies and investigations about transportation safety, including avoiding personal injury;

(2)examine techniques and methods of accident investigation and periodically publish recommended procedures for accident investigations;

(3)prescribe requirements for persons reporting accidents and aviation incidents that—

(A)may be investigated by the Board under this chapter; or

(B)involve public aircraft (except aircraft of the armed forces and the intelligence agencies);

(4)evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of the Government and their effectiveness in preventing accidents; and

(5)evaluate the adequacy of safeguards and procedures for the transportation of hazardous material and the performance of other departments, agencies, and instrumentalities of the Government responsible for the safe transportation of that material.

(c)The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—

(1)a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;

(2)a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;

(3)a list of each recommendation made by the Board to the Secretary of Transportation or the Commandant of the Coast Guard that was closed in an unacceptable status in the preceding 12 months, including—

(A)any explanation the Board received from the Secretary or Commandant; and

(B)any explanation from the Board as to why the recommendation was closed in an unacceptable status, including a discussion of why alternate means, if any, taken by the Secretary or Commandant to address the Board’s recommendation were inadequate;

(4)a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;

(5)a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year;

(6)a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and

(7)a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.

(d)(1)Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall complete a retrospective review of recommendations issued by the Board that are classified as open by the Board.

(2)A review under paragraph (1) shall include—

(A)a determination of whether the recommendation should be updated, closed, or reissued in light of—

(i)changed circumstances;

(ii)more recently issued recommendations;

(iii)the availability of new technologies; or

(iv)new information making the recommendation ineffective or insufficient for achieving its objective; and

(B)a justification for each determination under subparagraph (A).

(3)Not later than 180 days after the date a review under paragraph (1) is complete, the Chairman shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(A)the findings of the review under paragraph (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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1116(a)49 App.:1441(a)(3), (5) (related to reducing accidents).Aug. 23, 1958, Pub. L. 85–726, § 701(a)(3), (5), 72 Stat. 781. 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).Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A), (3).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (3)–(5), (7), (8), 88 Stat. 2168, 2169. 1116(b)(1)49 App.:1441(a)(5) (related to studies). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A), (4). 1116(b) (2)–(5)49 App.:1903(a)(5). 49 App.:1903(a)(6).Jan. 3, 1975, Pub. L. 93–633, § 304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 97–74, § 4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100–223, § 311(a), 101 Stat. 1528. 49 App.:1903(a)(7), (8). In subsection (a)(1), the word “recommending” is omitted as being included in “advocate” in 49 App.:1903(a)(3). The word “recurrence” is omitted as surplus. The text of 49 App.:1441(a)(3) and (5) (related to reducing accidents) is omitted as superseded by 49 App.:1903(a)(3). In subsection (b)(1), the words “carry out” are substituted for “initiate and conduct” in 49 App.:1903(a)(4) for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1441(a)(5) (related to studies) is omitted as superseded by 49 App.:1903(a)(4). In subsection (b)(2), the word “examine” is substituted for “assess and reassess” for clarity. The words “prepare and” are omitted as surplus. In subsection (b)(3), the words “by regulation” are omitted as unnecessary because of section 1113(f) of the revised title. In subsection (b)(4), the word “effectiveness” is substituted for “efficacy” for clarity.

Editorial Notes

Amendments

2024—Subsec. (c)(3) to (7). Pub. L. 118–63 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. 2018—Pub. L. 115–254, § 1111(a)(1), substituted “, studies, and retrospective reviews” for “and studies” in section catchline. Subsec. (c). Pub. L. 115–254, § 1107(a), added subsec. (c). Subsec. (d). Pub. L. 115–254, § 1111(a)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Savings Clause Pub. L. 115–254, div. C, § 1111(c), Oct. 5, 2018, 132 Stat. 3436, provided that: “Nothing in this section [amending this section] or the

Amendments

made by this section may be construed to limit or otherwise affect the authority of the [National Transportation Safety] Board to update, close, or reissue a recommendation.”

§1116 Reports, studies, and retrospective reviews

Summary

Title 49, §1116

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Amendments

Citations & Metadata