C.F.R. » Title 49 » CHAPTER VIII—NATIONAL TRANSPORTATION SAFETY BOARD › PART 831—INVESTIGATION PROCEDURES › Subpart A—General

49 C.F.R. § 831.12

Access to and release of wreckage, records, mail, and cargo

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(a) Only persons authorized by the NTSB IIC may be permitted access to wreckage, records, mail, or cargo.

(b) Wreckage, records, mail, and cargo in the NTSB's custody will be released when the NTSB determines it has no further need for such items. Recipients of released wreckage must sign an acknowledgement of release provided by the NTSB.

Notes of Decisions
Cited in 5 cases, 1989–2019 · leading case: Thomas Brooks Chartered, a Prof'l Corp. v. James Burnett, Norman Wiemeyer, & the Nat'l Transp. Saf. Bd., 920 F.2d 634 (10th Cir. 1990).
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Thomas Brooks Chartered, a Prof'l Corp. v. James Burnett, Norman Wiemeyer, & the Nat'l Transp. Saf. Bd., 920 F.2d 634 (10th Cir. 1990). · cites it 3× “49 C.F.R. § 831.12 (a). The NTSB claims the investigator-in-charge may — as a condition of participation — require parties to waive any objection to civil discovery about their investigatory role in the event litigation commences.”
Wolk Law Firm v. U.S. Nat'l Transp. Saf. Bd., 392 F. Supp. 3d 514 (E.D. Pa. 2019). · cites it 2× “Access to and the release of wreckage is governed by 49 C.F.R. § 831.12 . Under that regulation, only authorized persons are permitted access to wreckage until the NTSB has determined it has no further need for the wreckage.”
Miller v. Rich, 723 F. Supp. 505 (C.D. Cal. 1989). · cites it 5× “NTSB regulation 49 C.F.R. § 831.12 (a) restricts “access” to aircraft wreckage to NTSB personnel and persons authorized by the NTSB to participate in the NTSB’s investigation, examination or testing.”
In re I-35W Bridge Collapse Site Inspection, 243 F.R.D. 349 (D. Minnesota 2007). “Under 49 C.F.R. § 831.12 — entitled “Access to and release of wreckage, records, mail, and cargo” — the NTSB’s investigator-in-charge may permit the Schwebel firm (or anyone else) to have “access to wreckage, records, mail, or cargo in the Board’s custody.”
Wolk Law Firm v. United States, 371 F. Supp. 3d 203 (E.D. Pa. 2019). · cites it 2× “49 C.F.R. § 831.12 . One cannot produce that which one does not have.”
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