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690 

49 CFR Ch. VIII (10–1–19 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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691 

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 has a maximum gross 

takeoff weight of 300 pounds or greater 
and sustains substantial damage. 

[53 FR 36982, Sept. 23, 1988, as amended at 60 
FR 40112, Aug. 7, 1995; 75 FR 51955, Aug. 24, 
2010] 

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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