49 C.F.R. § 837.1

Purpose and scope

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(a) This part sets forth procedures to be followed when requesting material for use in legal proceedings (including administrative proceedings) in which the National Transportation Safety Board (NTSB or Board) is not a party, and procedures to be followed by the employee upon receipt of a subpoena, order, or other demand (collectively referred to here as a demand) by a court or other competent authority or by a private litigant. “Material,” as used in this part, means any type of physical or documentary evidence, including but not limited to paper documents, electronic media, videotapes, audiotapes, etc.

(b) The purposes of this part are to:

(1) Conserve the time of employees for conducting official business;

(2) Minimize the possibility of involving the NTSB in controversial issues not related to its mission;

(3) Maintain the impartiality of the Board among private litigants;

(4) Avoid spending the time and money of the United States for private purposes; and

(5) To protect confidential, sensitive information, and the deliberative processes of the Board.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2018–2021 · leading case: Miami Herald Media Co. v. Fla. Dep't of Transp., 345 F. Supp. 3d 1349 (N.D. Fla. 2018).

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Miami Herald Media Co. v. Fla. Dep't of Transp., 345 F. Supp. 3d 1349 (N.D. Fla. 2018). · cites it 2× “As to the fourth factor ("whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder"), Fed. R. Civ. P. 19(b)(4), there is an alternative administrative remedy available that may or may not be adequate-namely, Plaintiffs may request the…”

Jobe v. NTSB, 1 F.4th 396 (5th Cir. 2021). “” See 49 C.F.R. §§ 837.1 , 837.2. 5 Case: 20-30033 Document: 00515904508 Page: 6 Date Filed: 06/17/2021 No.”

The Wolk Law Firm v. United States of Am. Nat'l Transp. Saf. Bd. (E.D. Pa. 2019). · cites it 2× “Wolk contends that 49 C.F.R. § 837.1 waives the NTSB’s sovereign immunity because it contemplates receipt by an NTSB employee “of a subpoena, order, or other demand .”

The Wolk Law Firm v. United States of Am. Nat'l Transp. Saf. Bd. (E.D. Pa. 2021). “6 49 C.F.R. §§ 837.1 through 837.4 sets out the procedure “when requesting material for use in legal proceedings (including administrative proceedings) in which the National Transportation Safety Board (NTSB or Board) is not a party .”

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