title-49-part-830

710

49 CFR Ch. VIII (10–1–23 Edition)

§ 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.

UTHORITY

: 49 U.S.C. 1101–1155; Pub. L. 85–

726, 72 Stat. 731 (codified as amended at 49
U.S.C. 40101).

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

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,

when:

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49 CFR Ch. VIII (10–1–23 Edition)

§ 830.6

report an accident or incident, you may call
the NTSB Response Operations Center, at
844–373–9922 or 202–314–6290.

(a) An aircraft accident or any of the

following listed serious incidents
occur:

(1) Flight control system malfunc-

tion or failure;

(2) Inability of any required flight

crewmember to perform normal flight
duties as a result of injury or illness;

(3) Failure of any internal turbine en-

gine component that results in the es-
cape of debris other than out the ex-
haust path;

(4) In-flight fire;
(5) Aircraft collision in flight;
(6) Damage to property, other than

the aircraft, estimated to exceed $25,000
for repair (including materials and
labor) or fair market value in the event
of total loss, whichever is less.

(7) For large multiengine aircraft

(more than 12,500 pounds maximum
certificated takeoff weight):

(i) In-flight failure of electrical sys-

tems which requires the sustained use
of an emergency bus powered by a
back-up source such as a battery, aux-
iliary power unit, or air-driven gener-
ator to retain flight control or essen-
tial instruments;

(ii) In-flight failure of hydraulic sys-

tems that results in sustained reliance
on the sole remaining hydraulic or me-
chanical system for movement of flight
control surfaces;

(iii) Sustained loss of the power or

thrust produced by two or more en-
gines; and

(iv) An evacuation of an aircraft in

which an emergency egress system is
utilized.

(8) Release of all or a portion of a

propeller blade from an aircraft, ex-
cluding release caused solely by ground
contact;

(9) A complete loss of information,

excluding flickering, from more than 50
percent of an aircraft’s cockpit dis-
plays known as:

(i) Electronic Flight Instrument Sys-

tem (EFIS) displays;

(ii) Engine Indication and Crew

Alerting System (EICAS) displays;

(iii) Electronic Centralized Aircraft

Monitor (ECAM) displays; or

(iv) Other displays of this type, which

generally include a primary flight dis-
play (PFD), primary navigation display
(PND), and other integrated displays;

(10) Airborne Collision and Avoidance

System (ACAS) resolution advisories
issued when an aircraft is being oper-
ated on an instrument flight rules
flight plan and compliance with the ad-
visory is necessary to avert a substan-
tial risk of collision between two or
more aircraft.

(11) Damage to helicopter tail or

main rotor blades, including ground
damage, that requires major repair or
replacement of the blade(s);

(12) Any event in which an operator,

when operating an airplane as an air
carrier at a public-use airport on land:

(i) Lands or departs on a taxiway, in-

correct runway, or other area not de-
signed as a runway; or

(ii) Experiences a runway incursion

that requires the operator or the crew
of another aircraft or vehicle to take
immediate corrective action to avoid a
collision.

(b) An aircraft is overdue and is be-

lieved to have been involved in an acci-
dent.

[53 FR 36982, Sept. 23, 1988, as amended at 60
FR 40113, Aug. 7, 1995; 75 FR 927, Jan. 7, 2010;
75 FR 35330, June 22, 2010; 80 FR 77587, Dec.
15, 2015]

§ 830.6

Information to be given in noti-

fication.

The notification required in § 830.5

shall contain the following informa-
tion, if available:

(a) Type, nationality, and registra-

tion marks of the aircraft;

(b) Name of owner, and operator of

the aircraft;

of intended landing of the aircraft;

(f) Position of the aircraft with ref-

erence to some easily defined geo-
graphical point;

(g) Number of persons aboard, num-

ber killed, and number seriously in-
jured;

(h) Nature of the accident, the weath-

er and the extent of damage to the air-
craft, so far as is known; and

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713

National Transportation Safety Board

Pt. 831

Forms are available from the Board field

offices (see footnote 1), from Board head-
quarters in Washington, DC, and from the
Federal Aviation Administration Flight
Standards District Offices.

(i) A description of any explosives,

radioactive materials, or other dan-
gerous articles carried.

Subpart C—Preservation of Air-

craft Wreckage, Mail, Cargo,
and Records

§ 830.10

Preservation of aircraft

wreckage, mail, cargo, and records.

(a) The operator of an aircraft in-

volved in an accident or incident for
which notification must be given is re-
sponsible for preserving to the extent
possible any aircraft wreckage, cargo,
and mail aboard the aircraft, and all
records, including all recording medi-
ums of flight, maintenance, and voice
recorders, pertaining to the operation
and maintenance of the aircraft and to
the airmen until the Board takes cus-
tody thereof or a release is granted
pursuant to § 831.12(b) of this chapter.

(b) Prior to the time the Board or its

authorized representative takes cus-
tody of aircraft wreckage, mail, or
cargo, such wreckage, mail, or cargo
may not be disturbed or moved except
to the extent necessary:

(1) To remove persons injured or

trapped;

(2) To protect the wreckage from fur-

ther damage; or

(3) To protect the public from injury.
(c) Where it is necessary to move air-

craft wreckage, mail or cargo,
sketches, descriptive notes, and photo-
graphs shall be made, if possible, of the
original positions and condition of the
wreckage and any significant impact
marks.

(d) The operator of an aircraft in-

volved in an accident or incident shall
retain all records, reports, internal
documents, and memoranda dealing
with the accident or incident, until au-
thorized by the Board to the contrary.

Subpart D—Reporting of Aircraft

Accidents, Incidents, and
Overdue Aircraft

§ 830.15

Reports and statements to be

filed.

(a)

Reports. The operator of a civil,

public (as specified in § 830.5), or foreign
aircraft shall file a report on Board

Form 6120.

⁄

(OMB No. 3147–0001)

with-

in 10 days after an accident, or after 7
days if an overdue aircraft is still miss-
ing. A report on an incident for which
immediate notification is required by
§ 830.5(a) shall be filed only as requested
by an authorized representative of the
Board.

(b)

Crewmember statement. Each crew-

member, if physically able at the time
the report is submitted, shall attach a
statement setting forth the facts, con-
ditions, and circumstances relating to
the accident or incident as they appear
to him. If the crewmember is incapaci-
tated, he shall submit the statement as
soon as he is physically able.

(c)

Where to file the reports. The oper-

ator of an aircraft shall file any report
with the field office of the Board near-
est the accident or incident.

[53 FR 36982, Sept. 23, 1988, as amended at 60
FR 40113, Aug. 7, 1995]

PART 831—INVESTIGATION

PROCEDURES

Subpart A—General

Sec.
831.1

Applicability of this subpart.

831.2

Responsibility of the NTSB.

831.3

Authority of Directors.

831.4

Nature of investigation.

831.5

Priority of NTSB investigations.

831.6

Request to withhold information.

831.7

Representation during an interview.

831.8

Investigator-in-charge.

831.9

Authority during investigations.

831.10

Autopsies and postmortem testing.

831.11

Parties to the investigation.

831.12

Access to and release of wreckage,

records, mail, and cargo.

831.13

Provision and dissemination of inves-

tigative information.

831.14

Proposed findings.

831.15

Civil penalties.

Subpart B—Aviation Investigations

831.20

Authority of NTSB in aviation inves-

tigations.

831.21

Other Government agencies and

NTSB aviation investigations.

831.22

International aviation investigations.

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