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e-CFR data is current as of March 4, 2021

Title 49Subtitle BChapter VIIIPart 801 → Subpart A

Title 49: Transportation

Subpart A—Applicability and Policy

§801.1   Applicability.
§801.2   Presumption of openness.
§801.3   Definitions.

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§801.1   Applicability.

(a) This part contains the rules that the National Transportation Safety Board (NTSB) follows in processing requests for records under the Freedom of Information Act, as amended (FOIA), 5 U.S.C. 552. These rules should be read together with the FOIA, which provides additional information about public access to records maintained by the NTSB.

(b) This part also provides for document services and the fees for such services, pursuant to 31 U.S.C. 9701.

(c) This part applies only to records existing when the request for the information is made. The NTSB is not required to create records for the sole purpose of responding to a FOIA request.

(d) Subpart F of this part describes records that are exempt from public disclosure.

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§801.2   Presumption of openness.

(a) In implementing the FOIA, it is the policy of the NTSB to make information available to the public to the greatest extent possible, consistent with the mission of the NTSB. The NTSB will withhold records under the FOIA only when the NTSB reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or is prohibited by law. Whenever the NTSB determines that full disclosure of a requested record is not possible, the NTSB will consider whether partial disclosure is possible and will take reasonable steps to segregate and release nonexempt material. Information the NTSB routinely provides to the public as part of a regular NTSB activity (such as press releases and information disclosed on the NTSB's public Website) may be provided to the public without compliance with this part.

(b) The NTSB will release on its website a “public docket” containing documentation that the agency deemed pertinent to the investigation. Requesters may access these public dockets without submitting a FOIA request. The NTSB encourages all requesters to review the public docket materials before submitting a FOIA request.

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§801.3   Definitions.

The following definitions apply in this part:

Chairman means the Chairman or Acting Chairman of the NTSB.

FOIA Public Liaison means a supervisory official, designated by the Chief FOIA Officer, who is responsible for assisting in reducing delays, increasing transparency and understanding of the status of requests, and assisting in resolving disputes.

Managing Director means the Managing Director of the NTSB.

Non-docket items include records from an accident that are not directly pertinent to the investigation, and are not in the public docket.

Public Docket includes a collection of records from an accident investigation that the agency deemed pertinent to the investigation.

Record, document, or any other term used to reference information includes:

(1) Any writing, drawing, map, recording, tape, film, photo, or other documentary material by which information is preserved. In this part, “document” and “record” have the same meaning;

(2) Any information that would be an agency record subject to the requirements of this section when maintained by the NTSB in any format, including an electronic format; and

(3) Any information described under subparagraphs (1) or (2) that is maintained for the NTSB by an entity under Government contract, for the purposes of records management.

Redact refers to the act of making a portion of text illegible by placing a black mark on top of the text.

Requester means any person, as defined in 5 U.S.C. 551(2), who submits a request pursuant to the FOIA.

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