Page:United States Statutes at Large Volume 108 Part 2.djvu/37

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 753 investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident. (3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)-(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner. (b) ACCIDENTS INVOLVING PUBLIC VESSELS. —(1) The Board or the head of the department in which the Coast Guard is operating shall investigate and establish the facts, circumstances, and cause or probable cause of a marine accident involving a public vessel and any other vessel. The results of the investigation shall be made available to the public. (2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this section do not affect the responsibility, under another law of the United States, of the head of the department in which the Coast Guard is operating. (c) ACCIDENTS NOT INVOLVING GOVERNMENT MISFEASANCE OR NONFEASANCE.—(1) When asked by the Board, the Secretary of Transportation may— (A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and (B) report the facts and circumstances of the accident to the Board. (2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section. (d) ACCIDENT REPORTS. —The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public at reasonable cost. § 1132. Civil aircraft accident investigations (a) GENERAL AUTHORITY. —(1) The National Transportation Safety Board shall investigate— (A) each accident involving civil aircraft; and (B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft. (2) A person employed under section 1113(b)(1) of this title that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board. (b) NOTIFICATION AND REPORTING.— The Board shall prescribe regulations governing the notification and reporting of accidents involving civil aircraft. (c) PARTICIPATION OF SECRETARY.— The Board shall provide for the participation of the Secretary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause. Public information. Public information. Regulations.

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