§1117 — Title 49 Transportation | U.S. Code

Summary

Within 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman must add a short methodology section to every investigative report that includes a Board recommendation. The methodology must explain how the Board picked each recommendation and must say: what accident evidence was most relevant, what outside studies, reports, or experts (if any) were used and what safety effects they showed, and any known examples of regulated companies or groups that already took similar actions before the recommendation. If there are more than 3 known examples, the summary may list only 3. The methodology is not required when a recommendation only asks someone to share an existing agency best practices paper or an existing rule. Nothing forces changes to recommendations made before the date of enactment of the National Transportation Safety Board Reauthorization Act unless the recommendation is a repeat issued on or after that date. The rule must not delay releasing investigation findings or probable cause, must not delay urgent recommendations needed to prevent immediate harm, and does not limit how many examples the Board may consider before issuing a recommendation.

Title 49, §1117

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(a)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)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)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)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 111749 App.:1904.Jan. 3, 1975, Pub. L. 93–633, § 305, 88 Stat. 2171. In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.

Editorial Notes

References in Text

The date of enactment of the National Transportation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report. 2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6). 1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”

§1117 Methodology