In 1966, Congress enacted the Freedom of Information Act (FOIA), which provides any person the right to access federal agency records, except for records that are exempt from disclosure. 5 U.S.C. § 552. Availability of Information from the NTSB Regarding Transportation Investigations As explained below, the NTSB makes most of its information available on the NTSB website or through an off-site recordkeeping facility. The FOIA does not require agencies to provide FOIA requesters with records that are publicly available pursuant to 5 U.S.C. § 552(a)(2). In addition, the NTSB maintains a public Reading Room containing agency records. The Reading Room is located at the NTSB’s headquarters, 490 L’Enfant Plaza SW, 6th Floor, Washington, D.C. 20594, and is open Monday through Friday, from 9:00 am to 4:30 pm. The Reading Room is not open on federal holidays. These web links will direct you to the NTSB's recordkeeping facility, to information that is publicly available, and to information regarding the NTSB and the FOIA:
		Electronic Reading Room Search the NTSB Aviation Database General Microfilm, Inc. Data and Information Products About the NTSB NTSB Legal Matters (See 49 CFR Part 801) FOIA Fee Schedule FOIA Contacts	Accident Dockets All Transportation Modes: Aviation, Highway, Marine, Pipeline Public Availability of Information : 49 CFR Part 801 Final Rule [PDF, 81 KB] Regulations take effect on May 23, 2007

• The Safety Board makes investigative information available to the public in the form of “public dockets.”
  
  
• These public dockets of information contain records that Safety Board investigators used in writing reports and determining the probable cause of transportation accidents.
  

If the investigation from which you seek information is not pending, then you may obtain the public docket of information from the NTSB’s records facility, General Microfilm, Inc.


Information from Pending Investigations

• If an investigation is pending, requesters may receive information from that investigation by placing their names on a waiting list for receiving all information on the public docket for the particular investigation.
  
  
• The NTSB’s records facility, General Microfilm, Inc. (GMI), maintains these lists of requesters. GMI will record your name and contact information and, once the information in the public docket becomes available, GMI will send you all records from the public docket you seek. The contact information for General Microfilm, Inc. is as follows: 632 Files Cross Road, Martinsburg, WV 25404, (304) 267-5830, http://www.general-microfilm.com.
  
  
• Upon receiving a FOIA request for “any and all” information from a specific investigation, the NTSB FOIA Office, in accordance with applicable case law, will place the request on a specific “track,” and answer it on a first-in, first-out basis. Open Am. V. Watergate Special Prosecution Force, 547 F.2d 605, 614-616 (D.C. Cir. 1976). Below is a description of the tracks for FOIA requests.
  
  
• As stated above, requesters may obtain public information from a particular investigation by ordering the public docket from General Microfilm, Inc.
  

The NTSB’s TRACKS for FOIA Requests

As stated above, the NTSB places each FOIA request on a specific track, as follows:

• Track 1 : Requests for which there are no records, requests that meet the criteria for expedited processing, or requests that seek records that have been produced in response to a prior request.
  
  
• Track 2 : Requests that do not involve voluminous records or lengthy consultations with other entities.
  
  
• Track 3 : Requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests which may involve sensitive records.

The law requires that each request must reasonably describe the records being sought. This means that a request must be specific enough to permit a professional employee of the agency who is familiar with the subject matter to locate the record in a reasonable period of time. Requesters should make requests as specific as possible. If a particular document is required, it should be identified precisely, preferably by date and title. However, a request does not always have to be that specific. A requester who cannot identify a specific record should clearly explain his or her needs. H.R. Rep. No. 109-226 at 8 (2005).

Exemptions

Agencies are not required to release certain records. The NTSB will deny requests, either in whole or in part, if the request seeks information that falls within one of the exemptions of the FOIA. The NTSB may deny a request based on the following exemptions:

• Exemption 3 : Information that another statute prohibits release. This includes, but is not limited to, the following information:

• Cockpit Voice Recorder (CVR) tapes. Title 49 U.S.C. § 1114(c) prohibits the release of any CVR tape. However, the NTSB may release a CVR transcript (edited or unedited), in accordance with 49 U.S.C. § 1114(c)(1);
  
  
• Voluntarily provided safety-related information. Title 49 U.S.C. § 1114(b)(3) prohibits the release of such information if it is not related to the exercise of the NTSB’s accident or incident investigation authority and if the NTSB finds that the disclosure would inhibit the voluntary provision of that type of information;
  
  
• Records or information relating to the NTSB’s participation in foreign aircraft accident investigations. 49 U.S.C. § 1114(f) prohibits the release of this information before the country conducting the investigation releases its report or 2 years following the accident, whichever occurs first;
  
  
• Passenger lists, in accordance with 49 U.S.C. § 1136(d); and
  
  
• Other information that is prohibited from release by another statute. For example, the Procurement Integrity Act prohibits the NTSB from releasing certain information regarding bids on government contracts.

• Exemption 4 : Information or trade secrets that private corporations or other entities have submitted to the NTSB in the course of an investigation.
  
  
• Exemption 5 : Information that reflects the NTSB’s internal deliberations, speculations, or ideas. This includes drafts of reports and certain analyses.
  
  
• Exemption 6 : Personal information, where a privacy interest outweighs the public interest in disclosure. This includes graphic photographs of victims’ injuries, autopsy reports, medical records, or other information from participants in an investigation, such as contact information.
  
  
• Exemption 7 : Information from an investigation that is ongoing.
  
  

Filing an Appeal

Requesters who receive a denial from the NTSB in response to a FOIA request, based on one of the FOIA’s exemptions, may appeal the denial. Appeals must be in writing, and should be clearly labeled as an appeal to a denied FOIA request. The appeal should include:

• The initial request number which was assigned to your request;
• The date of the action on your request; and
• The legal basis for your appeal (i.e., why you think the NTSB should release the information that the NTSB withheld in the initial determination).

If a requester believes that additional records exist, their appeal must specify why they think such records exist and, if possible, where they believe such records might be located. Appeals should be addressed to the NTSB’s Managing Director:

National Transportation Safety Board
Attn: Managing Director
490 L'Enfant Plaza, SW
Washington, D.C. 20594

Finally, if a requester believes that the Managing Director’s conclusion regarding their appeal is legally insufficient, the FOIA provides that the requester may challenge the NTSB’s response in federal court. The Managing Director’s letter in response to such appeals will inform the requester of this right.

Information About the NTSB’s FOIA Program

• FOIA Annual Reports:
  • HTM: 2007 html
  • PDF: 2006 | 2005 | 2004 | 2003 | 2002 - (PDF documents require Acrobat Reader)
• NTSB FOIA Improvement Plan
• NTSB Reading Room Certification
• NTSB Backlog Reduction Goals

NTSB FOIA Contacts

In accordance with Executive Order 13,392, “Improving Agency Disclosure of Information,” the NTSB has established the following agency contacts:

• FOIA Requester Service Center for the NTSB: (202) 314-6540 or (800) 877-6799
  The FOIA Requester Service Center specialists assist FOIA requesters seeking information concerning their FOIA requests or the agency’s FOIA response.

• FOIA Public Liaison: Melba D. Moye, Chief, Records Management Division, (202) 314-6551
  The FOIA Public Liaison serves as the supervisory official to whom a FOIA requester can raise concerns about the service the FOIA requester has received from the FOIA Requester Service Center, following an initial response from the Service Center staff.
   
• Chief FOIA Officer: Robert Scherer, Director, Office of the Chief Information Officer
  The Chief FOIA Officer is a senior official who oversees the FOIA program.