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61-627: The Independent Safety Board Act (Pub. L. 93−633) is a 1974 law that ended all ties between the National Transportation Safety Board and the U.S. Department of Transportation . It was created to avoid possible conflicts between agencies. The National Transportation Safety Board originated in the Air Commerce Act of 1926. From that year onwards, Congress required civil aviation accident investigations to be conducted under that law. In 1967, Congress merged

122-451: A CAB certificate. The results of such investigations were not necessarily a foregone conclusion. In 1976, the CAB ended a long investigation by deciding ZIA was, in fact, not a common carrier (and thus did not require certification), going against the decision of its own administrative law judge. Ironically, this happened only a year before ZIA separately applied for and received certification as

183-581: A bigger impact on the CAB. The 1966 Act established the National Transportation Safety Board (NTSB) as part of DOT, which absorbed the CAB safety function, which was to investigate most airline accidents. Unlike the FAA, which (renamed as the Federal Aviation Administration) became part of DOT in the 1966 Act, the CAB remained an independent government agency. While CAB regulation suppressed free competition , it provided security for

244-516: A charting error led to the collision between the dry bulk carrier Ocean Princess and the SP-83A oil and gas production platform in the Gulf of Mexico on January 7, 2021. The incident occurred because the platform was not visible on the vessel's electronic chart display, although it was present on the paper chart used by the mate on watch. The NTSB highlighted the importance of effective bridge management and

305-661: A critical role in the investigation of the Norfolk Southern Railway derailment in East Palestine, Ohio , in February 2023. The NTSB's report, unanimously adopted by its board, highlighted significant failures by Norfolk Southern , particularly in the decision to conduct a vent and burn of toxic chemicals, which was deemed unnecessary and based on misleading information provided by the railway. The report also criticized Norfolk Southern's obstruction during

366-465: A dozen, depending on the nature of the incident. The agency may then hold public hearings on the issue following the investigation. Ultimately, it will publish a final report which may include safety recommendations based on its findings. The NTSB has no legal authority to implement or impose its recommendations. Its recommendations are often implemented by regulators at the federal or state level or by individual transportation companies. The NTSB played

427-531: A large Indiana-based air travel club. Voyager, which had a fleet comprising a Boeing 720 , two Lockheed Electras and some piston aircraft and its own terminal at Indianapolis Airport , unsuccessfully appealed to the federal courts. The chief pilot of Voyager was George Mikelsons , who left to found what later became ATA Airlines . The CAB went on to shut two other large clubs in 1974 and 1975. Notwithstanding these enforcement actions, in November 1979 (within

488-470: A particular investigation. However, the use of the party system is not without controversy. The NTSB invited Boeing to participate as a party to the investigation of the crash of TWA Flight 800 , a Boeing 747 , in 1996. While the NTSB relied on Boeing's sharing of expertise, it was later determined that Boeing had withheld a study of military versions of the 747 that investigated flammable vapor combustion in

549-537: A supplemental air carrier. Air travel clubs were membership organizations, nominally private, that had their own aircraft and ran trips for members. In 1968, the FAA instituted Part 123 of the Federal Aviation Regulations under which air travel clubs had their own operational requirements. Starting in the early 1970s, the CAB went after some of the largest air travel clubs for being de-facto common carriers. In 1973, it shut down Voyager 1000,

610-468: Is an independent U.S. government investigative agency responsible for civil transportation accident investigation . In this role, the NTSB investigates and reports on aviation accidents and incidents , certain types of highway crashes , ship and marine accidents , pipeline incidents , bridge failures , and railroad accidents . The NTSB is also in charge of investigating cases of hazardous materials releases that occur during transportation. The agency

671-487: Is authorized to establish and manage separate sub-offices for highway, marine, aviation, railroad, pipeline, and hazardous materials investigations. Since its creation, the NTSB's primary mission has been "to determine the probable cause of transportation accidents and incidents and to formulate safety recommendations to improve transportation safety (in the USA) ". Based on the results of investigations within its jurisdiction,

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732-621: Is based in Washington, D.C. It has four regional offices, located in Anchorage, Alaska ; Denver, Colorado ; Ashburn, Virginia ; and Seattle, Washington . The agency also operated a national training center at its Ashburn facility. The origin of the NTSB was in the Air Commerce Act of 1926, which assigned the United States Department of Commerce responsibility for investigating domestic aviation accidents. Before

793-455: Is moving away from large-scale reconstructions like with TWA Flight 800 and towards using 3D scans to reconstruct accidents. Under an agreement made with the victims' families, when the reconstruction was retained as a training tool, the reconstruction was not allowed to be used as a public exhibit or put on display. For this reason, the NTSB is planning to dismantle and destroy the reconstruction. Civil Aeronautics Board The authority of

854-802: The Civil Aeronautics Board and the Federal Aviation Agency, in which the latter became the Federal Aviation Administration . The Federal Aviation Act of 1958 , which created the Federal Aviation Administration, gave the Civil Aeronautics Board duties investigating civil aviation accidents. In 1974, as the airline industry rapidly expanded, Congress established the NTSB within the framework of

915-424: The Federal Aviation Administration just like any other carrier. Uncertificated carriers , known by a variety of names over time, such as contract carriers or Part 45 carriers , were airlines which escaped CAB regulation by not being common carriers - in other words, they did not hold themselves out to the public as a carrier. Zantop Air Transport was an example of such a company, flying aircraft on behalf of

976-614: The Watres Act , which had regulated commercial aviation since the mid-1920s, and created a new agency, the Civil Aeronautics Authority. The agency was renamed in 1940, due to a merger with the Air Safety Board. It became an independent agency under Reorganization Plans Nos. III and IV of 1940, effective on June 30, 1940. The Air Safety Board had formed in 1938. Other predecessor agencies included

1037-908: The federal court system by the losing party, whether it is the individual or company, on the one hand, or the FAA or the Coast Guard, on the other. However, from Ferguson v. NTSB , the NTSB's determinations are not overturned by the federal courts unless the NTSB abused its discretion or its determination is wholly unsupported by the evidence. The Safety Board maintains a training academy in Ashburn , Virginia , where it conducts courses for its employees and professionals in other government agencies, foreign governments or private companies, in areas such as general accident investigation, specific elements of investigations like survival factors or human performance, or related matters like family affairs or media relations . The facility houses for training purposes

1098-508: The "National Transportation Safety Board" refers to a five-manager investigative board whose five members are nominated by the President and confirmed by the Senate for five-year terms. Board members may continue to serve until a successor is confirmed and takes office. No more than three of the five members may be from the same political party. One of the five board members is nominated as

1159-647: The Aeronautics Branch (1926–1934), the Bureau of Air Commerce (1934–1938), and the Bureau of Air Mail, Interstate Commerce Commission (1934–38). The first air accident investigation led by the CAB was the 1940 Lovettsville air disaster . Some duties were transferred to the Federal Aviation Agency in 1958. The National Transportation Safety Board (NTSB) was established in 1967, taking over air accident investigation duties. Under

1220-399: The CAB allowed local service carriers to compete on some routes with trunklines and some local service carriers became sizeable airlines. However, as shown in the table below, in 1978, just prior to deregulation, the largest local service carrier Allegheny (soon to rename itself USAir ) was still smaller in revenue terms than the smallest trunk, National , and basic operating statistics show

1281-401: The CAB from regulating certain things: frequency, equipment, accommodations and facilities. It was up to the carrier to determine what aircraft it flew and how often and what airport or ticket facilities it built/rented, and so forth. However, the CAB did generally require a minimum adequate service, e.g. often two flights/day, in a market. The Civil Aeronautics Authority Act of 1938 superseded

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1342-591: The CAB saw as making them common carriers. For instance, in February 1961, the issued a cease-and-desist order to, among others, Trans Global Airlines, Inc. aka Golden State Airlines, a Part 45 carrier, for carrying passengers to the Dunes Hotel in Las Vegas for "free". The fact that transportation was provided as part of the cost of accommodation did not make the airline any less a common carrier, and therefore guilty of providing interstate air transportation without

1403-481: The CAB's taxonomy of certificated scheduled airlines (see "Airline categories" below). However, in 1972 the CAB expanded this category to include aircraft of 30 passengers or fewer, with a payload of less than 7,500 lbs. Such carriers did have to obtain Federal Aviation Administration operational/safety certification but were otherwise able to fly wherever they pleased. The CAB would, on occasion, also exempt air-taxi or commuter operators to operate aircraft larger than

1464-599: The Civil Aeronautics Authority Act that created the CAB. These were carriers such as United Air Lines , American , TWA , etc, all with origins going back to the 1920s and 1930s. For a summary, see the table below. After World War II, the CAB certificated a second set of scheduled carriers, the local service carriers . In theory, local service airlines served smaller routes than the trunklines, though most trunklines tended to have some legacy points on their networks that were quite small. Over time,

1525-648: The Civil Aeronautics Board to regulate airlines was established by the Civil Aeronautics Act of 1938. The 1938 Act was amended by the Federal Aviation Act of 1958, but the main effect of that was to establish the Federal Aviation Agency (FAA), which among other things regulated (as it still does) airline operations and safety. The 1966 Department of Transportation Act, which established the US Department of Transportation (DOT), had

1586-576: The Department of Transportation, as outlined in the Department of Transportation Act of 1966. This legislation bestowed upon the NTSB responsibilities previously held by the Civil Aeronautics Board. However, as the NTSB began conducting investigations into the Federal Aviation Administration (FAA), conflicts of interest emerged. Consequently, Congress enacted the Independent Safety Board Act to mitigate such conflicts and ensure

1647-537: The NTSB investigative process" and that participant parties "are uniquely able to provide essential information about aircraft design and manufacture, airline operations, or functioning of [the National Airspace System] that simply cannot be obtained elsewhere". However, Rand also found conflicts of interest inherent in the party system, "may, in some instances, threaten the integrity of the NTSB investigative process". The Rand study recommended that

1708-479: The NTSB is that it serves as a court of appeals for airmen, aircraft mechanics , certificated aviation-related companies, and mariners who have their licenses suspended or revoked by the FAA or the Coast Guard . The NTSB employs administrative law judges who initially hear all appeals, and the administrative law judge's ruling may be appealed to the five-member Board. The Board's determinations may be appealed to

1769-421: The NTSB issues formal safety recommendations to agencies and institutions with the power to implement those recommendations. The NTSB considers safety recommendations to be its primary tool for preventing future civil transportation accidents. However, the NTSB does not have the authority to enforce its safety recommendations. The current board members as of September 24, 2024: President Biden has nominated

1830-528: The NTSB reduce its reliance on party representatives and make greater use of independent investigators, including from NASA , the Department of Defense , government research laboratories, and universities. As of 2014 , the NTSB has not adopted these recommendations and instead continues to rely on the party system. As of 2014 , the NTSB has issued about 14,000 safety recommendations in its history, 73 percent of which have been adopted in whole or in part by

1891-568: The NTSB reported to the DOT for administrative purposes, while conducting investigations into the Federal Aviation Administration, also a DOT agency. To avoid any conflict, Congress passed the Independent Safety Board Act , and on April 1, 1975, the NTSB became a fully independent agency . As of 2015 , the NTSB has investigated over 140,000 aviation incidents and several thousand surface transportation incidents. Formally,

Independent Safety Board Act of 1974 - Misplaced Pages Continue

1952-475: The NTSB's autonomy. The Act also prohibits the use of any portion of an NTSB report as evidence in a lawsuit related to matters discussed in the report and, with few restrictive exceptions, bars discovery, admittance into evidence, and public release of transcripts or recordings of a "cockpit or surface vehicle...voice or video recorder" if not made public by the NTSB. National Transportation Safety Board The National Transportation Safety Board ( NTSB )

2013-523: The NTSB, the Federal Aviation Administration 's (FAA; at the time the CAA / Civil Aviation Authority ) independence was questioned as it was investigating itself and would be biased to find external faults, coalescing with the 1931 crash killing Notre Dame coach Knute Rockne and the 1935 crash that killed Senator Bronson Cutting. The US's first "independent" Air Safety Board was established in 1938: it lasted only fourteen months. In 1940, this authority

2074-657: The US automakers on a private basis (before it acquired a supplemental certificate in 1962). "Part 45" was a reference to the then Civil Aviation Regulations under which the then Federal Aviation Agency regulated the operations/safety of such non-common carrier operators. Over time, the Civil Aviation Regulations (subsequently the Federal Aviation Regulations ) changed. Instead of Part 45, such uncertificated carriers were moved to being regulated under Part 42. They then became known as Part 42 carriers . Finally,

2135-454: The case of Hawaii, flying overwater between the islands, which was upheld in court as being intrinsically interstate commerce because the Federal government had domain over the seas. Note that the Federal government, while not providing economic regulation over intrastate carriers, did regulate them from an operational/safety standpoint. For those purposes intrastate airlines were regulated by

2196-448: The case of air taxis, the CAB chose not to regulate. In the case of intrastate airlines, it was legally unable to. Restriction of flying to a single state was not sufficient to avoid CAB regulation; the additional measures to avoid interstate commerce were critical. Furthermore, flying within a single state was generally interpreted strictly. An aircraft flying outside the boundaries of that one state could trigger CAB authority, including, in

2257-469: The center fuel tank. Boeing had told the NTSB that it had no studies proving or disproving the vapor combustion theory. In response to political pressure after the Boeing incident, the NTSB commissioned the nonprofit Rand Corporation to conduct an independent study of the NTSB's aircraft investigation process. In 2000, Rand published its report, which concluded that the party system is "a key component of

2318-546: The chair by the President and then approved by the Senate for a fixed three-year term; another is designated as vice-chair for a fixed three-year term and who becomes acting chair when there is no formal chair. This board is authorized by Congress under Chapter 11, Title 49 of the United States Code to investigate civil aviation, highway, marine, pipeline, and railroad accidents and incidents. This five-member board

2379-524: The chairmanship of John Robson, the Civil Aeronautics Board "in April 1976 did the unthinkable, becoming the first regulatory body to support deregulation," which President Gerald Ford first spurred in February 1975 with a proposal to abolish the CAB altogether. In the late 1970s, during the administration of President Jimmy Carter , and under the guidance of his economic advisor Alfred E. Kahn (who had specialized in regulatory economics, having written one of

2440-417: The dangers of over-reliance on electronic navigation tools. To conduct its investigations, the NTSB operates under the "party system", which utilizes the support and participation of industry and labor representatives with expertise or technical knowledge specifically useful to its investigation. The NTSB may invite these individuals or organizations to become parties to the investigation and participate under

2501-542: The entities to which they were directed. Starting in 1990, the NTSB annually published a "Most Wanted List", which highlights safety recommendations that the NTSB believes would provide the most significant — and sometimes immediate — benefit to the traveling public. The list was discontinued in 2023 such that "the NTSB can more nimbly advocate for [their] recommendations and emerging safety issues". Among transportation safety improvements brought about or inspired by NTSB recommendations: A less well-known responsibility of

Independent Safety Board Act of 1974 - Misplaced Pages Continue

2562-496: The existing airlines, avoided gluts and shortages of passengers on certain routes, and (partly by allowing airlines to carry air mail ) secured airline service for communities that would have otherwise been served less, or not have been served at all (due to low passenger traffic or other reasons). CAB authority included: Airlines had no ability to make competitive decisions, absent CAB approval, on choice of route or fare charged on any particular route. The Act also prevented

2623-475: The first federal regulatory regime, since the 1930s, to be totally dismantled — and this happened on January 1, 1985. The remaining tasks were transferred to the Secretary of Transportation except for a few going to the U.S. Postal Service . The CAB regulated almost all air transportation in the US, but there were some exceptions. The CAB chose not to regulate airlines flying "small aircraft". This

2684-441: The first year of deregulation) there were still 11 air travel clubs operationally regulated under Part 123, though by May 1980 it had dropped to seven. The CAB divided the airlines it regulated into categories according to the roles they were meant to play. The following draws from the CAB's FY 1977 Report to Congress dated May 1978, and so reflects the state of CAB airline certification just prior to deregulation. The first split

2745-533: The following to fill a seat on the board. They await Senate confirmation. The NTSB is the lead agency in investigating a civil transportation accident or incident within its sphere. An investigation of a major accident within the United States typically starts with the creation of a "go team", composed of specialists in fields relating to the incident who are rapidly deployed to the incident location. The "go team" can have as few as three people or as many as

2806-400: The investigation, noting delays in providing critical information and attempts to influence the investigation's outcome. The NTSB's findings have led to new safety recommendations aimed at preventing similar incidents in the future, including better communication protocols and more stringent oversight of emergency response procedures. The NTSB concluded that poor bridge resource management and

2867-623: The limits. For instance, in 1971, it exempted Executive Airlines and Air New England (at that time a commuter carrier) to fly propeller aircraft up to 44 seats to expand service in New England. On five occasions, the CAB certificated former air taxi/commuter airlines to fly larger aircraft. These airlines were then regulated by the CAB like any other CAB carrier: An airline that restricted flying to within one state and took other steps to minimize participation in interstate commerce could avoid CAB regulation and fly as an intrastate airline . In

2928-593: The local service carriers as flying distinctly less capacity, smaller aircraft and shorter routes than the trunks. Local service carriers were also the biggest recipients of CAB subsidies, as shown below. In 1978, the CAB paid a total of $ 66.3 million in subsidies to airlines (over $ 275 million in 2024 dollars) of which $ 58.5 million was paid to local service carriers, equivalent to over 40% of local service carrier operating profits that year. Other CAB domestic categories included intra-Alaskan , Hawaiian , helicopter , regional , air taxi , and cargo . Historically there

2989-650: The reconstruction of more than 90 feet of the TWA Flight 800 Boeing 747 , which was recovered from the Atlantic Ocean after it crashed on July 17, 1996, following a fuel tank explosion. On February 22, 2021, the NTSB announced that the TWA Flight 800 recreation would be decommissioned on July 7, 2021. This decision comes as the lease for the Ashburn training center expires shortly. The NTSB indicated it

3050-457: The regulations were completely revamped, with most commercial operations moved to Part 121. Such operators were then known as Part 121 commercial operators or simply just commercial operators . A prominent example of such a carrier was Zantop International Airlines (ZIA), which started in 1972 as a Part 121 commercial operator, uncertificated by the CAB. The CAB regularly enforced its powers against uncertificated carriers engaged in activities

3111-421: The same kind of proceedings as huge airlines like United and American. 1975 certification proceedings for Munz Northern were memorialized in 32 pages of CAB reports, encompassing the deliberations of the (usually five but in this case four) member CAB board itself, plus the earlier deliberations of an administrative law judge in front of whom six people appeared, representing Munz and two other interested parties. At

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3172-642: The scheduled carriers. Scheduled carriers were split between domestic and international. Two carriers were exclusively international: Air Micronesia (a subsidiary of Continental Airlines ) and cargo carrier Seaboard . One carrier was almost exclusively international: Pan Am and, until deregulation, was not permitted to sell tickets for transport within the continental US. While it could fly aircraft from, say, New York to Los Angeles, it could not sell tickets between New York and Los Angeles despite having significant international operations in both cities. All other international carriers were also domestic carriers. There

3233-597: The standard texts and previously been chairman of the New York Public Service Commission , the body regulating utilities in New York State , and was appointed CAB Chairman), the CAB continued to be the focus of the early deregulation movement, and its dissolution was one of the most conspicuous pioneering events of the movement. The Airline Deregulation Act of 1978 specified that the CAB would eventually be disestablished —

3294-474: The supervision of the NTSB. The NTSB has discretion over which organizations it allows to participate. Only individuals with relevant technical expertise can represent an organization in an investigation, and attorneys and insurance investigators are prohibited by law from participating. The NTSB considers the party system crucial to the investigative process, as it provides the NTSB with access to individuals with specialized expertise or knowledge relevant to

3355-562: The time, Munz had six aircraft, each carrying 10 people or fewer. Further, Munz then had the same reporting requirement as carriers like United, all the usual reams of data that had to be sent to the CAB, for a carrier a tiny fraction of the size. The agency had its headquarters in the Universal Building in Dupont Circle , Washington, D.C. The agency had moved there by May 1959. Previously it had been headquartered in

3416-446: The transportation agencies into the U.S. Department of Transportation and established the NTSB as an independent agency within DOT for administrative support. The NTSB is chiefly known for its oversight in aviation accident investigations. From 1926 onwards, Congress required the investigations of civil aviation accidents under the Air Commerce Act (Pub. L. 69-254, 44 Stat. 568). Later on, Congress created other laws as well, which created

3477-522: Was a territorial category, superseded by Hawaiian and Intra-Alaskan after Hawaii and Alaska became states. Some carriers had more than one domestic status. For instance, Alaska Airlines was listed as both an Alaska carrier and a trunk, however, for the purposes of 1978 CAB statistics it was counted as an Alaska carrier. The wide variety of carriers in the table below hints at problems with just one facet of CAB regulation. Tiny Alaskan back-country carriers like Munz Northern and Kodiak-Western were subject to

3538-410: Was a split within international between passenger airlines (which were always free to carry cargo and sometimes flew pure cargo aircraft) and cargo airlines. Domestic had many subcategories. The original CAB scheduled carriers were known as trunkline carriers , trunklines , trunk airlines or simply just trunks, with most (but not all) such carriers having certificates dating back to 1938, the date of

3599-475: Was between scheduled and non-scheduled (charter carriers). The CAB referred to non-scheduled carriers, in 1978, as supplemental air carriers . Prior to 1955, the CAB called them irregular air carriers . Scheduled carriers were also free to offer charters. Throughout the history of the CAB, the supplementals constantly attempted to become scheduled carriers and the CAB constantly rejected them. There were also tight restrictions on supplementals, designed to protect

3660-570: Was formalized in Part 298 of the Board's economic regulations, which in 1952 gave a blanket authorization for any airline operating an aircraft with a maximum gross takeoff weight of 12,500 lbs or less. Such airlines were originally known as "air taxis", later as commuter airlines or Part 298 carriers . Confusingly, "air taxi" was also the term by which the CAB referred to Aspen Airways and Wright Air Lines (after they became certificated carriers) within

3721-441: Was transferred to the Civil Aeronautics Board 's newly formed Bureau of Aviation Safety. In 1967, Congress created a separate cabinet-level Department of Transportation , which among other things, established the Federal Aviation Administration as an agency under the DOT. At the same time, the NTSB was established as an independent agency which absorbed the Bureau of Aviation Safety's responsibilities. However, from 1967 to 1975,

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