General authority

§ 1131. General authority (a) General.—(1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of— (A) an aircraft accident the Board has authority to investigate under section 1132 of this title; (B) a highway accident, including a railroad grade crossing accident, the Board selects in cooperation with a State; (C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train; (D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment; (E) a major marine casualty (except a casualty involving only public vessels) occurring on the navigable waters or territorial sea of the United States, or involving a vessel of the United States, under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and (F) any other accident related to the transportation of individuals or property when the Board decides— (i) the accident is catastrophic; (ii) the accident involves problems of a recurring character; or (iii) the investigation of the accident would carry out this chapter. (2) An investigation by the Board under paragraph (1)(A)-(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the 108 STAT. 753investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident. (3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)–(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner. (b) Accidents Involving Public Vessels.—(1) The Board or the head of the department in which the Coast Guard is operating shall investigate and establish the facts, circumstances, and cause or probable cause of a marine accident involving a public vessel and any other vessel. The results of the investigation shall be made available to the public. (2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this section do not affect the responsibility, under another law of the United States, of the head of the department in which the Coast Guard is operating. (c) Accidents Not Involving Government Misfeasance or Nonfeasance.—(1) When asked by the Board, the Secretary of Transportation may— (A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and (B) report the facts and circumstances of the accident to the Board. (2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section. (d) Accident Reports.—The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public at reasonable cost.