Freedom of Information Act Statement

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, generally provides that any person has a right, enforceable in court, to obtain access to agency records, except to the extent that such records are protected from public disclosure.  The National Transportation Safety Board is subject to the FOIA, and has promulgated regulations, at 49 C.F.R. part 801, and posted information on its FOIA web page, at http://www.ntsb.gov/info/foia.htm, that provide instructions to the public regarding the availability of Safety Board records.

The FOIA provides that requesters may ask for records.  The FOIA does not require agencies to provide answers to questions, create records, collect information that it does not have, conduct research, or analyze data.  Moreover, the FOIA requires requesters to reasonably describe the records they seek, and to comply with agencies’ regulations implementing the FOIA, 5 U.S.C. § 552(a)(3)(A).  The Safety Board observes these limitations in reviewing each FOIA request that it receives.   

As the Safety Board explains in its FOIA regulations and on the Board’s FOIA web page, federal agencies may withhold information pursuant to nine exemptions and three exclusions contained in the text of the FOIA.  In addition, the FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.  States may have their own public access laws, which the public should consult when seeking access to state records.  With regard to requests for other agencies’ records that the Safety Board may receive, the Safety Board’s policy is to refer such requests to the appropriate agencies.

The Safety Board’s policy is to provide information about the Safety Board’s FOIA program upon request.  For this purpose, the Safety Board’s website contains a list of FOIA Contacts at the NTSB. If you plan to make a FOIA request to the National Transportation Safety Board, please consult the NTSB FOIA Guidelines. Prior to submitting a FOIA request for information from a particular investigation, the public should first obtain and review the “public docket” of records from the investigation; the NTSB FOIA web page contains instructions regarding this process.  

NTSB FOIA Plan and Reports

The Safety Board’s FOIA Improvement Plan and Annual Reports regarding the FOIA also contain information regarding the Safety Board’s FOIA Program.

Quick Access to NTSB FOIA Resources

• NTSB FOIA site
• NTSB FOIA Request form
• NTSB FOIA Regulations, Final Rule [PDF, 81 KB]   , 49 CFR Part 801, Public Availability of Information, § 801.60 Fee Schedule - This links to a PDF document.