The Forensic Services Program is the focal point of National Weather Service (NWS) support for transportation accident investigations and potential subsequent litigation. Much of the work is related to aviation accidents, but a considerable amount of effort is related to marine and other surface accidents. The program activity includes:

• Ensuring that high-level National Weather Service and National Oceanic and Atmospheric Administration (NOAA) management are provided timely notification, and kept informed of transportation accidents of unusual interest.
• Upon request, assisting the National Transportation Safety Board (NTSB) in its investigation of transportation accidents.
• Representing the National Weather Service at NTSB Public Hearings and preparing NWS personnel designated as witnesses to testify at Public Hearings.
• Responding to NTSB Safety Recommendations addressed to the NWS evolving from transportation accident investigations.
• Maintaining an awareness of all investigative and/or legal activity evolving from weather-related transportation and pipeline accidents.
• Providing technical advice to Government attorneys defending suits against the Government evolving from transportation accidents.
• Assisting Government attorneys in preparing NWS employees for testimony at legal proceedings.
• Responding to legal production, Freedom of Information Act (FOIA), and mission information requests for weather records documentation.
• Ensuring the NWS records retention program meets agency litigation-support requirements.

Accident Investigation Process

NTSB Field Investigation

The NTSB is responsible for the investigation and determination of probable cause of all civil aircraft accidents, certain highway and railroad accidents, pipeline accidents in which there is a fatality or substantial property damage, and certain major marine casualties. Many of these transportation accidents are relatively low key, with the investigations handled locally by NTSB regional staff. Some are delegated to the Federal Aviation Administration (FAA).

However, after any fatal accident involving an air carrier, NTSB's national headquarters will conduct the field investigation, to determine the facts, conditions, and circumstances related to the event. A "go-team," headed by the NTSB Investigator-in Charge is at the accident scene within 24 hours of the accident. A field investigation will last anywhere from one to three weeks, depending on the scope of the accident in question. When the accident is suspected to be weather-related, the "go-team" will include an NTSB meteorologist and may include a representative from the NWS - normally a member of the Forensic Services staff. As a member of the Weather Group, the NWS representative assists in gathering appropriate "work" documents and interviewing NWS personnel, and participates in the development of the written factual record of the on-scene phase of the accident. In cases where there is no NWS representative on the "go-team," the NTSB meteorologist will contact a designated NWS regional official, usually the Regional Aviation Meteorologist (RAM), or equivalent, for assistance. The RAM will act as a liaison between the NTSB and NWS offices and personnel. A list of NWS liaisons is maintained and routinely updated by the Forensic Services program and passed on to the NTSB.

NTSB Public Hearing

The NTSB, at its discretion, may convene a public hearing as a part of its investigation into a transportation accident for the purpose of creating a public record of the facts, conditions, and circumstances relating to the accident. A public hearing usually occurs within two to three months after an accident. It normally lasts for a week or less (but may be considerably longer - the hearing evolving from a Trans World Airlines crash near Berryville, Virginia, in 1974, lasted for four weeks)!

The key players at NTSB Hearings are the NTSB Technical Panel, the Spokespersons for the various designated parties, and the witnesses. The NWS is normally a designated party in weather-related cases where the testimony of NWS employees is required. Commonly, NWS witness roster will include the duty surface weather and radar observers, the duty NWS office forecaster, and the duty Center Weather Service Unit meteorologist. Most of the questions addressed to a participating witness will originate from a member of the Technical Panel. Where NWS witnesses are concerned, this member will be the NTSB meteorologist assigned to the case. However, all of the spokespersons of the various designated parties, some of which may be preparing for subsequent litigation, are permitted to ask questions.

NTSB Aircraft Accident Report

Upon completion of its investigative activities, the NTSB publishes the Aircraft Accident Report. With respect to carrier accidents, this will occur anywhere from one to two years after the accident. The Report contains detailed factual information as well as an extensive analysis of the factors and circumstances surrounding the accident question. It also itemizes findings of the NTSB and assigns probable and contributing causes. The latter is the only part of the Report which cannot be used in litigation. It is more than a coincidence that potential legal activity is normally deferred until after the NTSB has published its Report.

The Aircraft Accident Report will commonly include multiple Safety Recommendations relating to issues surrounding the accident in question. These will be addressed to the appropriate Government agencies, as well as civil parties and organizations. Based on its investigations and findings, the NTSB will identify deficiencies and oversights, and make recommendations for remedial or corrective action, so as to prevent a similar reoccurrence in the future. The Forensic Services program is the NWS focal point for responding to Safety Recommendations relating the aviation weather operations and services.

Litigation Process

Overview

Legal activity in cases involving the NWS, from the time that administrative claims are presented to the agency, normally lasts for up to five years - although cases have gone on as long as ten years. During this period, Forensic Services staff may be required to produce hundreds of operational and administrative documents related (or determined to be related) to the case, and spend many hours dedicated to providing technical advice to Government attorneys and assisting in preparing NWS employees for testimony. It is noteworthy that the 46 cases producing administrative claims against the NWS during the period from 1980 through 1998 had total monetary attachments of almost 1.6 billion dollars! The enormous amount of time and resource investment in defense against these inflated claims is made not only to conserve U.S. treasury funds, but of equal importance, to prevent a court ruling which may adversely affect future NWS operations and/or its employees to exercise their best professional judgment.

Documentation Case Files

• The Forensic Services Program establishes and maintains about 250 - 400 each year.
  • Each case represents a request or often several requests for weather information.
  • Response to weather documentation requests includes the retrieval, certification, and production of historic aviation and non-aviation (e.g. marine, surface, hydrology) records
  • Requests for weather documentation may come from private citizens; weather consultants; attorneys; and other federal, state, or local government agencies
  • Requests for weather data may be simple and straight forward while others may take a considerable effort and cooperation from many sources to fulfill
  
  
• By most of the case files handled by the Forensic Services are related to aviation accidents; however, a large number are related to marine and other surface accidents
  
• The public accounts for most of the customer requests. Primary Government customers are the NTSB, the FAA and the DOJ. Other miscellaneous customers include the US Coast Guard, offices within the Department of Commerce, and state and local law enforcement agencies.

• For all CERTIFIED records or certified climatological records (including radar images, satellite photos, surface analysis, buoy or ship reports), please contact:
  
  National Climatological Data Center
  151 Patton Avenue
  Asheville, NC 28801-5001
  (828) 271-4800