710
49 CFR Ch. VIII (10–1–23 Edition)
§ 826.40
§ 826.40
Payment of award.
Within 5 days of the Board’s service
of a final decision granting an award of
fees and expenses to an applicant, the
Administrator shall transmit to the
applicant instructions explaining how
the applicant may obtain the award.
These instructions may require, but
are not limited to, the submission of
the following information to the Ad-
ministrator: a statement that the ap-
plicant will not seek review of the deci-
sion in the United States courts, bank
routing numbers to which the Adminis-
trator may transmit payment, and the
applicant’s tax identification or Social
Security number. The Administrator
will pay the applicant the amount
awarded within 60 days of receiving the
necessary information from the appli-
cant, unless judicial review of the
award or of the underlying decision of
the adversary adjudication has been
sought by the applicant or any other
party to the proceeding.
[77 FR 63253, Oct. 16, 2012]
PART 830—NOTIFICATION AND RE-
PORTING OF AIRCRAFT ACCI-
DENTS OR INCIDENTS AND
OVERDUE AIRCRAFT, AND PRES-
ERVATION OF AIRCRAFT WRECK-
AGE, MAIL, CARGO, AND
RECORDS
Subpart A—General
Sec.
830.1
Applicability.
830.2
Definitions.
Subpart B—Initial Notification of Aircraft
Accidents, Incidents, and Overdue Aircraft
830.5
Immediate notification.
830.6
Information to be given in notifica-
tion.
Subpart C—Preservation of Aircraft
Wreckage, Mail, Cargo, and Records
830.10
Preservation of aircraft wreckage,
mail, cargo, and records.
Subpart D—Reporting of Aircraft Accidents,
Incidents, and Overdue Aircraft
830.15
Reports and statements to be filed.
A
UTHORITY
: 49 U.S.C. 1101–1155; Pub. L. 85–
726, 72 Stat. 731 (codified as amended at 49
U.S.C. 40101).
S
OURCE
: 53 FR 36982, Sept. 23, 1988, unless
otherwise noted.
Subpart A—General
§ 830.1
Applicability.
This part contains rules pertaining
to:
(a) Initial notification and later re-
porting of aircraft incidents and acci-
dents and certain other occurrences in
the operation of aircraft, wherever
they occur, when they involve civil air-
craft of the United States; when they
involve certain public aircraft, as spec-
ified in this part, wherever they occur;
and when they involve foreign civil air-
craft where the events occur in the
United States, its territories, or its
possessions.
(b) Preservation of aircraft wreckage,
mail, cargo, and records involving all
civil and certain public aircraft acci-
dents, as specified in this part, in the
United States and its territories or
possessions.
[60 FR 40112, Aug. 7, 1995]
§ 830.2
Definitions.
As used in this part the following
words or phrases are defined as follows:
Aircraft accident means an occurrence
associated with the operation of an air-
craft which takes place between the
time any person boards the aircraft
with the intention of flight and all
such persons have disembarked, and in
which any person suffers death or seri-
ous injury, or in which the aircraft re-
ceives substantial damage. For pur-
poses of this part, the definition of
‘‘aircraft accident’’ includes ‘‘un-
manned aircraft accident,’’ as defined
herein.
Civil aircraft means any aircraft other
than a public aircraft.
Fatal injury means any injury which
results in death within 30 days of the
accident.
Incident means an occurrence other
than an accident, associated with the
operation of an aircraft, which affects
or could affect the safety of operations.
Operator means any person who
causes or authorizes the operation of
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National Transportation Safety Board
§ 830.5
1
NTSB headquarters is located at 490
L’Enfant Plaza SW., Washington, DC 20594.
Contact information for the NTSB’s regional
offices is available at
http://www.ntsb.gov. To
Continued
an aircraft, such as the owner, lessee,
or bailee of an aircraft.
Public aircraft means an aircraft used
only for the United States Govern-
ment, or an aircraft owned and oper-
ated (except for commercial purposes)
or exclusively leased for at least 90
continuous days by a government other
than the United States Government,
including a State, the District of Co-
lumbia, a territory or possession of the
United States, or a political subdivi-
sion of that government. ‘‘Public air-
craft’’ does not include a government-
owned aircraft transporting property
for commercial purposes and does not
include a government-owned aircraft
transporting passengers other than:
transporting (for other than commer-
cial purposes) crewmembers or other
persons aboard the aircraft whose pres-
ence is required to perform, or is asso-
ciated with the performance of, a gov-
ernmental function such as fire-
fighting, search and rescue, law en-
forcement, aeronautical research, or
biological or geological resource man-
agement; or transporting (for other
than commercial purposes) persons
aboard the aircraft if the aircraft is op-
erated by the Armed Forces or an in-
telligence agency of the United States.
Notwithstanding any limitation relat-
ing to use of the aircraft for commer-
cial purposes, an aircraft shall be con-
sidered to be a public aircraft without
regard to whether it is operated by a
unit of government on behalf of an-
other unit of government pursuant to a
cost reimbursement agreement, if the
unit of government on whose behalf the
operation is conducted certifies to the
Administrator of the Federal Aviation
Administration that the operation was
necessary to respond to a significant
and imminent threat to life or property
(including natural resources) and that
no service by a private operator was
reasonably available to meet the
threat.
Serious injury means any injury
which: (1) Requires hospitalization for
more than 48 hours, commencing with-
in 7 days from the date of the injury
was received; (2) results in a fracture of
any bone (except simple fractures of
fingers, toes, or nose); (3) causes severe
hemorrhages, nerve, muscle, or tendon
damage; (4) involves any internal
organ; or (5) involves second- or third-
degree burns, or any burns affecting
more than 5 percent of the body sur-
face.
Substantial damage means damage or
failure which adversely affects the
structural strength, performance, or
flight characteristics of the aircraft,
and which would normally require
major repair or replacement of the af-
fected component. Engine failure or
damage limited to an engine if only
one engine fails or is damaged, bent
fairings or cowling, dented skin, small
punctured holes in the skin or fabric,
ground damage to rotor or propeller
blades, and damage to landing gear,
wheels, tires, flaps, engine accessories,
brakes, or wingtips are not considered
‘‘substantial damage’’ for the purpose
of this part.
Unmanned aircraft accident means an
occurrence associated with the oper-
ation of any public or civil unmanned
aircraft system that takes place be-
tween the time that the system is acti-
vated with the purpose of flight and
the time that the system is deactivated
at the conclusion of its mission, in
which:
(1) Any person suffers death or seri-
ous injury; or
(2) The aircraft holds an airworthi-
ness certificate and sustains substan-
tial damage.
[53 FR 36982, Sept. 23, 1988, as amended at 60
FR 40112, Aug. 7, 1995; 75 FR 51955, Aug. 24,
2010; 87 FR 42104, July 14, 2022]
Subpart B—Initial Notification of
Aircraft Accidents, Incidents,
and Overdue Aircraft
§ 830.5
Immediate notification.
The operator of any civil aircraft, or
any public aircraft not operated by the
Armed Forces or an intelligence agen-
cy of the United States, or any foreign
aircraft shall immediately, and by the
most expeditious means available, no-
tify the nearest National Transpor-
tation Safety Board (NTSB) office,
1
when:
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