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

49 C.F.R. § 831.4

Nature of investigation

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(a) General. The NTSB conducts investigations, or has them conducted, to determine the facts, conditions, and circumstances relating to an accident. The NTSB uses these results to determine one or more probable causes of an accident, and to issue safety recommendations to prevent or mitigate the effects of a similar accident. The NTSB is required to report on the facts and circumstances of accidents it investigates. The NTSB begins an investigation by monitoring the situation and assessing available facts to determine the appropriate investigative response. Following an initial assessment, the NTSB notifies persons and organizations it anticipates will be affected as to the extent of its expected investigative response.

(b) NTSB products. An investigation may result in a report or brief of the NTSB's conclusions or other products designed to improve transportation safety. Other products may include factual records, safety recommendations, and other safety information.

(c) NTSB investigations are fact-finding proceedings with no adverse parties. The investigative proceedings are not subject to the Administrative Procedure Act (5 U.S.C. 551 et seq.), and are not conducted for the purpose of determining the rights, liabilities, or blame of any person or entity, as they are not adjudicatory proceedings.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1990–2022 · leading case: Joshi Ex Rel. Est. of Joshi v. Nat'l Transp. Saf. Bd., 791 F.3d 8 (D.C. Cir. 2015).
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Joshi Ex Rel. Est. of Joshi v. Nat'l Transp. Saf. Bd., 791 F.3d 8 (D.C. Cir. 2015). · cites it 2× “§ 1901 (1) (1982)); see also 49 C.F.R. § 831.4 (“Accident and incident investigations .”
Jobe v. NTSB, 1 F.4th 396 (5th Cir. 2021). · cites it 3× “See 49 C.F.R. § 831.4 (2016); 49 U.S.C. § 1131 (a)(1)(A).”
Chiron Corp. v. Nat'l Transp. Saf. Bd., 198 F.3d 935 (D.C. Cir. 1999). · cites it 2× “” 49 C.F.R. § 831.4 (1998). Board regulations and policies are explicit in providing that parties participating in an investigation are involved in NTSB processes only to assist the safety mission and not to prepare for litigation.”
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). “” 49 C.F.R. § 831.4 . Board inquiries “are not conducted for the purpose of determining the rights or liabilities of any person.”
H.G. Gibson, Petitioner, v. Nat'l Transp. Saf. Bd., Respondent, 118 F.3d 1312 (9th Cir. 1997). “” 49 C.F.R. § 831.4 . By statute, no part of a report arising from such an investigation “may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.”
Helicopters, Inc. v. Nat'l Transp. Saf. Bd., 803 F.3d 844 (7th Cir. 2015). · cites it 3× “§ 1131 (a)(1); see also 49 C.F.R. § 831.4 . The results of the Board’s investigations are “used to ascertain measures that would best tend to prevent similar accidents or incidents in the future.”
USA v. Forest Kirst (9th Cir. 2022). “”); see also 49 C.F.R. § 831.4 (c) (“NTSB investigations are fact-finding proceedings with no adverse parties.”
Specter v. Rainbow King Lodge, Inc. (D. Alaska 2020). “41 FRE 803(8) allows certain records or statements from a public office (such as NTSB) to be admitted, including “factual findings from a legally authorized investigation.”42 FRE 803(8) states that public records can only be admitted if “the opponent does not show that the…”
In re Crash of Aircraft N93PC on July 7, 2013, at Soldotna, Alaska (D. Alaska 2021). “at 938 (quoting 49 C.F.R. § 831.4 (1998)). “[F]ederal regulations explain that the NTSB creates two different types of reports: ‘Board accident reports’ and ‘factual accident reports’.”
Escobar v. Eur. Aeronautic Defence & Space Co. (D. Haw. 2020). “49 C.F.R. § 831.4 . The federal regulations explain that the NTSB creates two different types of reports: “Board accident reports” and “factual accident reports”.”
Rademacher v. United States of Am. (N.D. Miss. 2020). “49 C.F.R § 831.4. 2 The report recited that the plane departed Orlando at 8:55 a.”
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