Title 49 — Transportation
Chapter 11 — National Transportation Safety Board
§ 1117. Methodology
Statutory text
In General.—
Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation.
Elements.—
Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation—
a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation;
a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and
a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation.
Acceptable Limitation.—
If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples.
Exception.—
Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on—
an existing agency best practices document; or
an existing regulatory requirement.
Rule of Construction.—
Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act.
Savings Clause.—
Nothing in this section may be construed—
to delay publication of the findings, cause, or probable cause of a Board investigation;
to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or
to limit the number of examples the Board may consider before issuing a recommendation.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 1117
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Federal Reports Elimination and Sunset Act of 1995
Pub. L. 104–66 title II § 2151 · 109 Stat. 707
Struck · 49 U.S.C. § 1117(4)
Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”
Source evidence
Code amendment note
Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”Enacted provision · exact public law section
SEC. 2151. REPORTS MODIFIED. Section 1117 of title 49, United States Code, is amended— (1) in paragraph (2) by adding “and” after the semicolon; (2) in paragraph (3) by striking out “; and” and inserting in lieu thereof a period; and (3) by striking out paragraph (4).Pub. L. 109–443 § 2(a)(1) · 120 Stat. 3297
Added · 49 U.S.C. § 1117(4)(6)
Pub. L. 109–443 added pars. (4) to (6)
Source evidence
Code amendment note
Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).Enacted provision · exact public law section
(1) In general.— Section 1117 of title 49, United States Code, is amended— (A) in paragraph (2) by striking “and” after the semicolon; (B) in paragraph (3) by striking “State.” and inserting “State;”; and (C) by adding at the end the following: “(4) a description of the activities and operations of the National Transportation Safety Board Academy during the prior calendar year; “(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and “(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.” .National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 div. C § 1107(b)(1) · 132 Stat. 3187
Amended · 49 U.S.C. § 1117
Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report
Source evidence
Code amendment note
Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report.Enacted provision · exact public law section
(1) In general.— Section 1117 of title 49, United States Code, is amended to read as follows: “§ 1117. Methodology “(a) In General.— Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation. “(b) Elements.— Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation— “(1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation; “(2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and “(3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation. “(c) Acceptable Limitation.— If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples. “(d) Exception.— Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on— “(1) an existing agency best practices document; or “(2) an existing regulatory requirement. “(e) Rule of Construction.— Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act. “(f) Savings Clause.— Nothing in this section may be construed— “(1) to delay publication of the findings, cause, or probable cause of a Board investigation; “(2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or “(3) to limit the number of examples the Board may consider before issuing a recommendation.” .
4 of 4 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 1117 | 49 App.:1904. | Jan. 3, 1975, Pub. L. 93–633, § 305, 88 Stat. 2171. |
In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.
Editorial Notes
References in Text
The date of enactment of the National Transportation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115–254, which was approved .
Amendments1995–2018 · 3 rounds
2018
Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report.
2006
Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).
1995
Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”