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History
The origin of the NTSB was in the Air Commerce Act of 1926, which assigned the United States Department
of Commerce responsibility for investigating domestic aviation accidents.[5] Before the NTSB, the FAA (then
the CAA) independence was questioned as it was investigating itself and would be biased to find external
faults, coalescing with the 1931 crash killing Notre Dame coach Knute Rockne.[6] The USA's first
"independent" Air Safety Board was established in 1938:[7] it lasted only fourteen months.[8] In 1940, this
authority was transferred to the Civil Aeronautics Board's newly formed Bureau of Aviation Safety.[5]
In 1967, Congress created a separate cabinet-level Department of
Transportation, which among other things established the Federal
Aviation Administration as an agency under the DOT.[9] At the same
time, the NTSB was established as an independent agency which
absorbed the Bureau of Aviation Safety's responsibilities.[9] However,
from 1967 to 1975, the NTSB reported to the DOT for administrative
purposes, while conducting investigations into the Federal Aviation
Administration, also a DOT agency.[10]
To avoid any conflict, Congress passed the Independent Safety Board NTSB headquarters
Act, and on April 1, 1975, the NTSB became a fully independent
agency.[1][5][10] As of 2015, the NTSB has investigated over 140,000
aviation incidents and several thousand surface transportation incidents.[11]
Organization
Formally, the "National Transportation Safety Board" refers to a five-manager
investigative board whose five members are nominated by the President and
confirmed by the Senate for five-year terms.[10][12] No more than three of the
five members may be from the same political party.[12] One of the five board
members is nominated as the Chairman by the President and then approved
by the Senate for a fixed 2-year term; another is designated as vice-chairman
and becomes acting chairman when there is no formal chairman.[13][12] This
board is authorized by Congress under Chapter 11, Title 49 of the United
States Code to investigate civil aviation, highway, marine, pipeline, and
railroad accidents and incidents.[14] This five-member board is authorized to
establish and manage separate sub-offices for highway, marine, aviation,
railroad, pipeline, and hazardous materials investigations.[12] Collectively, Robert Sumwalt became
"National Transportation Safety Board", the "Safety Board" or "NTSB" is chair in August 2017
used to refer to the entire investigative agency established and managed by
this five-member board.[10] As of 2017, Robert Sumwalt is chairman of the
NTSB.[13]
Since its creation, the NTSB's primary mission has been "to determine the probable cause of transportation
accidents and incidents and to formulate safety recommendations to improve transportation safety (in the
USA)".[11] Based on the results of investigations within its jurisdiction, the NTSB issues formal safety
recommendations to agencies and institutions with the power to implement those recommendations.[1] The
NTSB considers safety recommendations to be its primary tool for preventing future civil transportation
accidents.[1] However, the NTSB does not have the authority to enforce its safety recommendations.[11]
Significant investigations conducted by the NTSB in all modes of transportation in recent years include the
collapse of the I-35W highway bridge in Minneapolis, Minnesota; the collision between two transit trains in
Washington, D.C.; the pipeline explosion that destroyed much of a neighborhood in San Bruno, California; the
sinking of an amphibious vessel in Philadelphia; and the crash of a regional airliner near Buffalo, New York.
In order to conduct its investigations, the NTSB operates under the "party system", which utilizes the support
and participation of industry and labor representatives with expertise specifically useful to its investigation.
These individuals or organizations may be invited by the NTSB to become parties to the investigation, and
participate under the supervision of the NTSB.[19][20][21] The NTSB has discretion over which organizations
it allows to participate.[20] Only individuals with relevant technical expertise are allowed to represent an
organization in an investigation, and attorneys and insurance investigators are prohibited by law from
participating.[20][21] For example, if an aircraft manufacturer's employee has technical knowledge of the
aircraft model involved, he or she may represent the manufacturer in an aircraft investigation.
The NTSB considers the party system crucial to the investigative process, as it provides the NTSB with access
to individuals with specialized expertise relevant to a particular investigation.[19][20] However, use of the party
system is not without controversy. The NTSB invited The Boeing Company to participate as a party to the
investigation of the crash of TWA Flight 800, a Boeing 747, in 1996. While the NTSB relied on Boeing's
sharing of expertise, it was later determined that Boeing had withheld from the NTSB a study of military
versions of the 747 that investigated flammable vapor combustion in the center fuel tank.[22] Boeing had told
the NTSB that it had no studies proving or disproving the vapor combustion theory.[22] In response to political
pressure after the Boeing incident, the NTSB commissioned the nonprofit Rand Corporation to conduct an
independent study of the NTSB's aircraft investigation process.[22]
In 2000, Rand published its report, which concluded that the party system is "a key component of the NTSB
investigative process" and that participant parties "are uniquely able to provide essential information about
aircraft design and manufacture, airline operations, or functioning of [the National Airspace System] that
simply cannot be obtained elsewhere".[23]:31 However, Rand also found conflicts of interest inherent in the
party system "may, in some instances, threaten the integrity of the NTSB investigative process".[23]:30 The
Rand study recommended that the NTSB reduce its reliance on party representatives and make greater use of
independent investigators, including from NASA, the Department of Defense, government research
laboratories, and universities.[23]:31–32 As of 2014, the NTSB has not adopted these recommendations and
instead continues to rely on the party system.[24]
Safety recommendations
As of 2014, the NTSB has issued about 14,000 safety
recommendations in its history, 73 percent of which have been
adopted in whole or in part by the entities to which they were
directed.[11] Starting in 1990, the NTSB has annually published a
"Most Wanted List" which highlights safety recommendations that the
NTSB believes would provide the most significant — and sometimes
immediate — benefit to the traveling public.[1][11]
NTSB hearing in 2013 on the Boeing
Among transportation safety improvements brought about or inspired 787 Dreamliner battery problems
by NTSB recommendations:
Aviation
Mid-air collision avoidance technology, ground proximity warning systems, airborne wind
shear detection and alert systems, smoke detectors in lavatories and fuel tank inerting.
Highway
Graduated drivers license laws for young drivers, age-21 drinking laws, smart airbag
technology, rear high-mounted brake lights, commercial drivers licenses, and improved
school bus construction standards.
Rail
Positive train control (anti-collision technology), improved emergency exits for passenger rail
cars, and shelf-couplers for hazardous material rail cars.
Marine
Recreational boating safety, improved fire safety on cruise ships, and lifesaving devices on
fishing vessels.
Pipeline
Excavation damage protection, pipe corrosion protection, and remote shutoff valves.
Multi-Modal
Alcohol and drug testing in all modes of transportation.
Other responsibilities
A little-known responsibility of the NTSB is that it serves as a court of appeals for airmen, aircraft mechanics,
certificated aviation-related companies and mariners who have their licenses suspended or revoked by the
FAA or the Coast Guard. The NTSB employs administrative law judges which initially hear all appeals, and
the administrative law judge's ruling may be appealed to the five-member Board.[26] The Board's
determinations may be appealed to the federal court system by the losing party, whether it is the individual or
company, on the one hand, or the FAA or the Coast Guard, on the other.[26] However, from Ferguson v.
NTSB, the NTSB's determinations are not overturned by the federal courts unless the NTSB abused its
discretion, or its determination is wholly unsupported by the evidence.[27]
The Safety Board maintains a training academy[4] in Ashburn,
Virginia, where it conducts courses for its employees and
professionals in other government agencies, foreign governments or
private companies, in areas such as general accident investigation,
specific elements of investigations like survival factors or human
performance, or related matters like family affairs or media relations.
The facility houses for training purposes the reconstruction of more
than 90 feet of the TWA Flight 800 Boeing 747,[28] which was
recovered from the Atlantic Ocean after it crashed on July 17, 1996,
following a fuel tank explosion. TWA Flight 800 wreckage, as
reconstructed by the NTSB
See also
Aviation safety
Federal Bureau of Investigation
List of pipeline accidents
National Transportation Safety Committee
Operation Lifesaver
School bus safety
U.S. Chemical Safety and Hazard Investigation Board
Vehicle inspection in the United States
Work-related road safety in the United States
Transportation safety in the United States
Other countries
Australian Transport Safety Bureau – Australia (ATSB)
Air Accidents Investigation Branch – United Kingdom (AAIB)
Taiwan Transportation Safety Board – Taiwan (TTSB)
German Federal Bureau of Aircraft Accident Investigation – Germany
Bureau d'Enquêtes et d'Analyses pour la Sécurité de l'Aviation Civile – France
Agenzia Nazionale per la Sicurezza del Volo – Italy (ANSV)
Transport Accident Investigation Commission – New Zealand (TAIC)
Transportation Safety Board of Canada – Canada (TSB)
National Transportation Safety Committee – Indonesia (NTSC)
References
1. "We Are All Safer: Lessons Learned and Lives Saved 1975–2005. 3rd ed. Safety Report
NTSB/SR-05/01" (https://www.ntsb.gov/safety/safety-studies/Documents/SR0501.pdf) (PDF).
National Transportation Safety Board. Retrieved December 18, 2015.
2. 49 U.S.C. § 1131 (https://www.law.cornell.edu/uscode/text/49/1131)
3. Office of the Chief Records Officer (December 19, 2014). "Records Management Oversight
Inspection Report 2014" (https://www.archives.gov/records-mgmt/resources/ntsb-inspection.pd
f) (PDF). National Archives and Records Administration. Retrieved December 20, 2015.
4. "NTSB Training Center" (https://www.ntsb.gov/training_center/Pages/TrainingCenter.aspx).
National Transportation Safety Board. Retrieved December 20, 2015.
5. "History of The National Transportation Safety Board" (https://www.ntsb.gov/about/history/page
s/default.aspx). National Transportation Safety Board. Retrieved December 20, 2015.
6. William Tuccio (November 8, 2018). "Opinion: When A Near-Accident Requires Deeper
Investigation" (http://aviationweek.com/commercial-aviation/opinion-when-near-accident-requir
es-deeper-investigation). Aviation Week & Space Technology.
7. Civil Aeronautics Act of 1938
8. U.S. Senate. Select Committee on Government Organization. A Resolution Disapproving
Reorganization Plan Numbered IV, Hearings. May 9–10, 1940.
9. "A Brief History of the FAA" (https://www.faa.gov/about/history/brief_history). Federal Aviation
Administration. Retrieved December 20, 2015.
10. "National Transportation Safety Board" (http://legal-dictionary.thefreedictionary.com/National+Tr
ansportation+Safety+Board). The Free Dictionary. Retrieved September 15, 2014.
11. "Annual Report to Congress 2014" (https://www.ntsb.gov/about/reports/Documents/2014_Annu
al_Report.pdf) (PDF). National Transportation Safety Board. Retrieved December 18, 2015.
12. 49 U.S.C. § 1111 (https://www.law.cornell.edu/uscode/text/49/1111)
13. The Board at NTSB (https://www.ntsb.gov/about/board/Pages/default.aspx) Retrieved June 18,
2014
14. 49 U.S.C. §§ 1101 (https://www.law.cornell.edu/uscode/text/49/1101)–1155 (https://www.law.co
rnell.edu/uscode/text/49/1155)
15. "The Investigative Process" (https://www.ntsb.gov/investigations/process/pages/default.aspx).
National Transportation Safety Board. Retrieved December 20, 2015.
16. 49 U.S.C. § 1132 (https://www.law.cornell.edu/uscode/text/49/1132)
17. "NTSB Providing Technical Assistance to FBI Investigation" (https://www.ntsb.gov/news/press-r
eleases/Pages/NTSB_Providing_Technical_Assistance_to_FBI_Investigation.aspx) (Press
release). National Transportation Safety Board. September 13, 2001. Retrieved December 19,
2015.
18. Horikoshi, Toyohiro. "U.S. leaked crucial Boeing repair flaw (http://www.japantimes.co.jp/news/
2015/08/11/national/history/u-s-leaked-crucial-boeing-repair-flaw-led-1985-jal-jet-crash-ex-offic
ials/#.V-gczbWs7O0) that led to 1985 JAL jet crash: ex-officials." Japan Times – Kyodo.
(August 11, 2015).
19. "What is the National Transportation Safety Board?" (https://www.ntsb.gov/about/Documents/S
PC0502.pdf) (PDF). National Transportation Safety Board. Retrieved May 11, 2016.
20. Michael Ferguson; Sean Nelson (2012). Aviation Safety: A Balanced Industry Approach.
Cengage Learning. p. 37.
21. 49 C.F.R. 831.11 (https://www.gpo.gov/fdsys/delivery/get-cfr.action?TYPE=TEXT&YEAR=curre
nt&TITLE=49&PART=831&SECTION=11)
22. Alvear, Michael (December 6, 1996). "Crash course in ethics" (http://www.salon.com/1999/12/0
6/ntsb_2/). Salon. Retrieved May 11, 2016.
23. "Safety in the Skies: Personnel and Parties in NTSB Aviation Accident Investigations" (http://w
ww.rand.org/content/dam/rand/pubs/monograph_reports/2005/MR1122.pdf) (PDF). RAND
Corporation. January 1, 2000.
24. "Unchecked carnage: NTSB probes are skimpy for small-aircraft crashes" (https://www.usatoda
y.com/story/news/nation/2014/06/12/unfit-for-flight-part-2/10405451/). USA Today. June 12,
2014. Retrieved May 11, 2016.
25. Sean Broderick (September 30, 2019). "NTSB Urges Changes In Pilot-Performance
Assumptions" (https://aviationweek.com/commercial-aviation/ntsb-urges-changes-pilot-perform
ance-assumptions). Aviation Week & Space Technology.
26. "Office of Administrative Law Judges" (https://www.ntsb.gov/about/organization/ALJ/Pages/offic
e_alj.aspx). National Transportation Safety Board. Retrieved December 21, 2015.
27. Ferguson v. National Transportation Safety Board, 678 F.2d 821 (http://openjurist.org/678/f2d/8
21/ferguson-v-national-transportation-safety-board-m) (9th Cir. 1982).
28. Hall, Jim (December 8, 1997). "Statement at the Opening of the NTSB Investigative Hearing
Into the Crash of TWA Flight 800" (https://www.ntsb.gov/news/speeches/JimHall/Pages/Statem
ent_at_the_Opening_of_the_NTSB_Investigative_Hearing_Into_the_Crash_of_TWA_Flight_8
00_Baltimore_Maryland.aspx). NTSB. Retrieved July 5, 2017.
External links
Official website (https://www.ntsb.gov)
National Transportation Safety Board (https://www.federalregister.gov/agencies/national-transp
ortation-safety-board) in the Federal Register
Records Management Oversight Inspection Report 2014; National Transportation Safety Board
Records Management Program; National Archives and Records Administration; Issued
December 19, 2014 (https://www.archives.gov/records-mgmt/resources/ntsb-inspection.pdf)
Rimson P.E., Ira J. Investigating "Causes" (https://www.iprr.org/papers/98ijrcause.html).
International Society of Air Safety Investigators, ISASI '98, Barcelona, Spain; October 20, 1998.
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