In 1967, Congress created a separate cabinet-levelDepartment of Transportation,which among other things, established the Federal Aviation Administration as an agency under the DOT.[11]At the same time, the NTSB was established as an independent agency which absorbed the Bureau of Aviation Safety's responsibilities.[11]However, from 1967 to 1975, the NTSB reported to the DOT for administrative purposes, while conducting investigations into the Federal Aviation Administration, also a DOT agency.[12]
To avoid any conflict, Congress passed theIndependent Safety Board Act,and on April 1, 1975, the NTSB became a fullyindependent agency.[1][6]As of 2015[update],the NTSB has investigated over 140,000 aviation incidents and several thousand surface transportation incidents.[13]
Formally, the "National Transportation Safety Board" refers to a five-manager investigative board whose five members are nominated by the President and confirmed by theSenatefor five-year terms.[14][15]No more than three of the five members may be from the same political party.[15]One of the five board members is nominated as the Chair by the President and then approved by the Senate for a fixed 2-year term; another is designated as vice-chair and becomes acting chair when there is no formal chair.[16][15]This board is authorized by Congress under Chapter 11, Title 49 of theUnited States Codeto investigate civil aviation, highway, marine, pipeline, and railroad accidents and incidents.[17]This five-member board is authorized to establish and manage separate sub-offices for highway, marine, aviation, railroad, pipeline, and hazardous materials investigations.[15]
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 improvetransportation safety (in the USA)".[13]Based on the results of investigations within its jurisdiction, the NTSB issues formal safety recommendations to agencies and institutions with the power to implement those recommendations.[1]The NTSB considers safety recommendations to be its primary tool for preventing future civil transportation accidents.[1]However, the NTSB does not have the authority to enforce its safety recommendations.[13]
PresidentJoe Bidennominated board member Jennifer Homendy to serve as the next Senate-confirmed chair on the retirement ofRobert Sumwaltin 2021.[18]She was sworn in as Chairwoman on August 13, 2021.[19]On August 3, 2022, PresidentJoe Bidennominated formerJacksonvilleMayorAlvin Brownto the board for a term expiring December 31, 2026.[20]On July 25, 2023, Biden nominatedJ. Todd Inmanfor a term expiring on December 31, 2027, replacing Bruce Landsberg.[21]
The NTSB is the lead agency in investigating a civil transportation accident or incident within its sphere. An investigation of a major accident within theUnited Statestypically 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.[4]The "go team" can have as few as three people or as many as a dozen, depending on the nature of the incident.[4]The agency may then hold public hearings on the issue following the investigation.[4]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.[22]
The NTSB has primary authority to investigate every civil aviation accident in the United States; the agency is also authorized to conduct investigations involving both civilian and military aircraft "with the participation of appropriate military authorities".[23]Aviation includes certain commercial space accidents.[24]For certain accidents, due to resource limitations, the Board will ask the FAA to collect the factual information at the scene of the accident; the NTSB bases its report on that information.
Surface Transportation
The NTSB has the authority to investigate all highway accidents and incidents, including incidents at railway grade crossings, "in cooperation with a State".[3]The NTSB has primary jurisdiction over railway accidents and incidents which result in death or significant property damage, or which involve a passenger train.[3]
Marine
For marine investigations, jurisdiction into investigations is divided between the NTSB and theU.S. Coast Guard.[3]The division of investigative jurisdiction and responsibilities is prescribed in a detailedMemorandum of Understandingbetween the two agencies.
Pipeline
The NTSB has primary jurisdiction over pipeline incidents (often the result of third-party excavation damage) which involve "a fatality, substantial property damage, or significant injury to the environment".[3]
Assistance to criminal investigations
The NTSB has primary jurisdiction over civil transportation investigations, not criminal ones. If theAttorney Generaldeclares the case to be linked to a criminal act, the NTSB must relinquish control of the investigation to theFederal Bureau of Investigation.[3]The NTSB may still provide technical support to the FBI in such investigations. In two high-profile examples, the NTSB sent aviation accident investigators with knowledge of aircraft structures and flight recorders to assist the FBI's criminal investigation into the murder-suicide ofPacific Southwest Airlines Flight 1771in 1987, and theSeptember 11, 2001, attacksfourteen years later.[25]
The NTSB may assist in incident or accident investigations outside the United States under certain circumstances. These may include accidents or incidents involving American-registered or American-owned civil aircraft or aircraft with U.S.-manufactured components in foreignair space.Officially, NTSB employees are prohibited from releasing information about "another country's investigation", although this has happened in the past.[26]
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 the supervision of the NTSB.[27][28][29]The NTSB has discretion over which organizations it allows to participate.[28]Only individuals with relevant technical expertise can represent an organization in an investigation, and attorneys and insurance investigators are prohibited by law from participating.[28][29]
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 a particular investigation.[27][28]However, the use of the party system is not without controversy. The NTSB invitedBoeingto participate as a party to the investigation of the crash ofTWA Flight 800,aBoeing 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 the center fuel tank.[30]Boeing had told the NTSB that it had no studies proving or disproving the vapor combustion theory.[30]In response to political pressure after the Boeing incident, the NTSB commissioned the nonprofitRand Corporationto conduct an independent study of the NTSB's aircraft investigation process.[30]
In 2000, Rand published its report, which concluded that the party system is "a key component of 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".[31]: 31 However, Rand also found conflicts of interest inherent in the party system, "may, in some instances, threaten the integrity of the NTSB investigative process".[31]: 30 The Rand study recommended that the NTSB reduce its reliance on party representatives and make greater use of independent investigators, including fromNASA,theDepartment of Defense,government research laboratories, and universities.[31]: 31–32 As of 2014[update],the NTSB has not adopted these recommendations and instead continues to rely on the party system.[32]
As of 2014[update],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 the entities to which they were directed.[13]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.[1][13][33]The list was discontinued in 2023 such that "the NTSB can more nimbly advocate for [their] recommendations and emerging safety issues”.[34][35]
Among transportation safety improvements brought about or inspired by NTSB recommendations:
A less well-known responsibility of 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 theCoast 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.[36]The Board's determinations may be appealed to thefederal court systemby the losing party, whether it is the individual or company, on the one hand, or the FAA or the Coast Guard, on the other.[36]However, fromFerguson 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.[37]
The Safety Board maintains a training academy[5]inAshburn,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 ormedia relations.The facility houses for training purposes the reconstruction of more than 90 feet of theTWA Flight 800 Boeing 747,[38]which was recovered from theAtlantic Oceanafter it crashed on July 17, 1996, following afuel tankexplosion.
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 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.[39]
^Fielding, Eric; Lo, Andrew W.; Yang, Jian Helen (2011). "The National Transportation Safety Board: A Model for Systemic Risk Management".Journal of Investment Risk Management.First Quarter.doi:10.2139/ssrn.1695781.S2CID167346503.
