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Board. The requirements 0fU.S. law provide significantly more public access to most investigationrecords
than is provided in Annex 13, Amendment 10; however, public access to cockpit voice recordings and
transcripts from such recordings is significantly different and more restrictive than the provisions of
Annex 13, Amendment 10. (United States Code (USC) Title 49 $11 14 and $ 1154)
The United States may find it necessary to accept a limited number of advisors appointed to assist the
accredited representative and to exercise discretion in determining whether the skills and expertise of the
advisor(s) are appropriate for the conduct of the aircraft accident or incident investigation.
Remarks: Logistics and efficiency of the investigation process may require some restriction on the number
of direct participants. (Title 49 Code of Federal Regulations (CFR) Part 831)
Investigative procedures observed by the United States allow full participation in all progress and
investigation planning meetings; however, deliberations related to analysis, findings, probable causes and
safety recommendations are restricted to the investigative authority and its staff. However, participation in
these areas is extended through timely written submissions, as specified in paragraph 5.25 i).
Remarks: Deli'berations related to National Transportation Safety Board (NTSB) analysis reports, and
drafts offindings, causes and safety recommendations are solely NTSB internal activities that result in "For
Official Use Only" work products. Such activity is protected from Freedom of Information Act (FOIA)
requests. (Title 49 CFR 5 831.14, USC Title 5 3 552 and 49 CFR 5 801.54)
The Uilited States supports, in principle, the privacy of the State conducting the investigation regarding the
progress and the findings of that investigation. However, the laws of the United States facilitate the public
disclosure of information held by United States government agencies and United States commercial
business. Notwithstanding any other provision of law, regarding "Foreign Investigations", neither the
Board, nor any agency receiving information from the Board, shall release records pertaining to an
investigation until the State conducting the investigation issues its Final Report, or two years following the
date of the accident, whichever occurs first. The standard for determining public access to iwformation
requested from a United States government agency or a commercial business does not consider or require
the expressed consent of the State conducting the investigation.
Remarks: The "Freedom of Information Act" (FOIA) provides that any person has the right of access to
federal agency records, except to the extent that such records may be protected from disclosure by specific
or special exclusions. Although some accident investigation information may qualify for exclusion as "For
Official Use Only" work products, or as products of "Foreign Investigations", the thrust and structure of
the FOIA provides neither a broad based nor an open ended exclusion for information or documents on the
overall progress and the findings of an accident investigation. (USC 'Title 5 4 552 and USC Title 49 $ 1 114)
CHAPTER ti
6.2 The United States supports the principle of not circulating, publishing or providing access to a draft Report
of any part thereof, or any documents obtained during the investigation, unless such a report or document
has already been published or released by the State that conducted the investigation. However, the laws of
the United States facilitate the public disclosure of information held by government agencies and
commercial business. The United States government may not be able to restrict public access to a draft
Report or: any part thereof on behalf ofthe State conducting the investigation. However, regarding "Foreign
Investigations", neither the Board, nor any agency receiving information from the Board, shall release
records pertaining to an investigation until the State conducting the investigation issues its Final Report,
or two years following the date ofthe accident, whichever occurs first. The standard for determining public
access to information requested from a United States government agency or a commercial business does
not consider or require the expressed consent of the State conducting an investigation.
Remarks: The "Freedom of Information Act" (FOIA) provides that any person has the right of access to
federal agency records, except to the extent that such records may be protected from disclosure by specific
or special exclusions. Although some accident investigation information may qualify for exclusion as "For
Official Use Only" work products, or as products of "Foreign Investigations", the thrust and structure of
　
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