The National Transportation Safety Board

The National Transportation Safety Board (NTSB) was created by the Department of Transportation Act of 1966 as an agency within DOT. The general responsibilities given to NTSB were to investigate transportation acci­dents, to determine the “probable cause” of the accident, and to make recommendations based on its findings designed to assist in preventing similar accidents in the future (see page 205 for list of primary responsibilities). The range of transportation modes subject to the scrutiny of the NTSB was commensurate with the DOT itself, that is, railroad, highway, aviation, marine, and pipeline. It was assigned the addi­tional role of acting as a review board for air­man appeals from certificate actions or penalty assessments by the FAA.

In 1974, the NTSB was removed from the DOT and established as an independent agency answerable to Congress pursuant to the pro­visions of the Independent Safety Board Act. This action was taken by Congress because it was determined that, given its unique role in investigation and recommendation, the agency should be completely independent of other agen­cies and departments to ensure that it could be direct, impartial, and uninfluenced in making assessments of fault and recommendations for changes.

The agency is headquartered in Washing­ton, D. C., and maintains 10 field offices nation­wide and a training center in Ashburn, Virginia, in suburban Washington, D. C. In recent years, the agency has shrunk in size. In 2003, NTSB had 438 full-time employees compared with 386 in September 2006. During the same period, the number of full-time investigators and tech­nical staff decreased from 234 to 203. (See Figure 22-2,) NTSB’s modal offices vary in size in relation to the number of investigators; as of September 2006, the aviation office had 102 investigators and technical staff; the rail, pipe­line, and hazardous materials office had 31; the highway office had 22; and the marine office had 12 employees. An additional 36 technical staff worked in the Office of Research and Engi­neering, which provides technical, laboratory, analytical, and engineering support for the modal investigation offices. For example, it is respon­sible for interpreting data recorders, creating acci­dent computer simulations, and publishing general safety studies.

The investigative role now performed by the NTSB dates back to the Air Commerce Act

of 1926 when Congress gave the Department of Commerce responsibility for investigation of air crashes. An Aeronautics Branch of the Com­merce Department was created to carry out this responsibility and it did so until renamed the Bureau of Air Commerce in 1934. In 1938, the CAB took over the investigative role and per­formed this duty until the creation of the NTSB in 1966.

To facilitate its investigative and reporting responsibility, Part 830 of the FARs requires aircraft operators to provide notification to the NTSB of certain accidents and incidents, and in certain cases to follow up such notice by required reports. This notification and reporting regimen is important to the role of the NTSB in staying current with problem areas in aviation safety.

The role of the NTSB was extended to the investigation of nonmilitary public aircraft acci­dents under the provisions of the Independent

Mode	2002	2003	2004	2005
Aviation3	1,949	1,997	1,870	1,937
Highway	52	45	45	33
Rail	11	9	12	8
Pipeline	1	2	2	1
Hazardous materials	2	1	2	1
Marine	6	6	7	4

aAviation accidents include limited investigations in which NTSB delegates the gathering of on-scene information to FAA inspectors.

FIGURE 22-3 Number of accident investigations completed by NTSB by mode, fiscal years 2002-2005.

Source: GAO analysis of NTSB data.

Safety Board Act of 1994. Public aircraft, gen­erally those aircraft owned or operated by vari­ous federal government agencies, were excluded from compliance with the airworthiness and maintenance requirements of the FARs by the

Key laws, regulations,

and policies Investigation policy

Aviation 49 U. S.C, 1131 (a)(1)(A)

49 C. F.R. part 800

International Civil Aviation Organization annex 13

49 U. S.C. 1131 (a)(1)(B)

49 U. S.C. 1131(a)(1)(E); 1131(b)

49 C. F.R. part 850

U. S. Coast Guard/NTSB memorandum of under­standing from 9/12/2002

49 U. S.C. 1116(b)(5)

Investigates or causes to be investigated all civil and certain public aircraft accidents in the United States and participates in the investigation of international accidents where the United States is the state of registry, operator, designer, or manufacturer. Investigates selected accidents including railroad grade crossing accidents, which NTSB selects in cooperation with a state.

Investigates selected major accidents and incidents, collisions involving public vessels with any nonpublic vessel, accidents involving significant safety issues related to Coast Guard safety functions, and interna­tional accidents within the territorial seas and where the United States is the state of registry. Major marine accidents are defined as a casualty that results in (1) the loss of six or more lives; (2) the loss of a mechani­cally propelled vessel of 100 or more gross tons; (3) property damage initially estimated as $500,000 or more; or (4) serious threat, as determined by the Commandant of the Coast Guard and concurred with by the Chairman of NTSB, to life, property, or the envi­ronment by hazardous materials.

Investigates railroad accidents involving a fatality, substantial property damage, or a passenger train.

Investigates pipeline accidents in which there is a fatality, substantial property damage, or significant injury to the environment.

Investigates releases of hazardous materials in any mode that involves a fatality, substantial property damage, or significant injury to the environment. For all modes, NTSB also evaluates the adequacy of safeguards and procedures for the transportation of hazardous materials and the performance of other departments, agencies, and instrumentalities of the government responsible for the safe transportation of that material.

Investigates selected accidents that are cata­strophic or of a recurring nature.

FIGURE 22-4 Key laws, regulations, and NTSB policies for investigations by mode.

Source: GAO summary of law, regulations, and policies.

Federal Aviation Act of 1958. In 1993, the Gov­ernor of South Dakota, George S. Mickelson, was killed in the crash of a government aircraft in which he was a passenger. In the wake of the investigation into that accident, Congress rewrote the law to bring most nonmilitary government – owned or operated aircraft within the authority of the FAA and the NTSB.

In 1996, Congress further charged the NTSB, pursuant to the provisions of the Aviation Disaster Family Assistance Act, with the task of coordinating all federal assistance to survivors and families of victims of catastrophic transpor­tation accidents. The NTSB strategic plan devel­oped as a result of this mandate ensures that such people receive timely assistance from the carrier involved, and from all government agencies and community service organizations included in the program.

The primary functions of the NTSB are out­lined in the box shown on this page.

It should be noted that the NTSB has no authority over any other federal agency or any industry group. It has no regulatory or enforce­ment powers. Its effectiveness is enhanced by its resultant impartiality. The NTSB operates with a very small staff, historically fewer than 400 employees. Since 1967, the NTSB has investi­gated over 114,000 aviation accidents and issued more than 11,600 safety recommendations in all transportation modes. More than 80 percent of its safety recommendations have been adopted by those empowered to effect changes in the transportation system and in government agen­cies. At a cost of less than $.24 annually per citizen, it is said to be one of the best bargains in government.

Endnotes

1. In 2001, responsibility for aviation security was transferred from the FAA to the Transportation Security Administration (TSA).

2. See FAA Order 8020.11c and preceding orders that pro­vide direction and guidance to inspectors performing acci­dent investigations.