The Freedom of Information Act (FOIA) requires federal agencies to make information available to the public. The NTSB makes most of its information available in the public reference room in Washington, D.C., on the web site, or through contractors (for a fee). If the information is already available, you do not need to make a FOIA request. A written FOIA request should be used only when information you're seeking is not already available. Frequently Requested Items Data and Information Products About the NTSB           U.S. Public Laws FOIA Annual Reports: 2003 html 2003 2002 2001 2000 1999 (PDF- requires Acrobat Reader)

How do I obtain information?

First, check to see if the information you want is already available. If it is already available, you do not need to submit a FOIA request. Instead, you may download the information, or request a copy from Public Inquiries Branch. A complete description of the types of data and information products and how to obtain them is listed on the web site.

What if I can't find the information I'm looking for?

Call the NTSB Public Inquiries Branch at (800) 877-6799. They can assist you in locating information; if the information you seek is not already available, they can instruct you when a FOIA request would be appropriate.

What does FOIA cover?

FOIA covers information that is not already publicly available. Fulfillment of a FOIA request depends on the records under an agency's control, and whether the information qualifies for exemption as described under Denial of Request. Agencies are not required to do research for you, analyze data, or create records in order to respond to a request.

How do I submit a FOIA?

Anyone may submit a FOIA request, but it must be in writing. Send requests directly to our central office in Washington, D.C. in order to avoid processing delays. If you have any questions before you submit a request, or during the time we are processing it, call the FOIA office at (202) 314-6540 or (800) 877-6799.

Mail requests to:

The National Transportation Safety Board
Attention: FOIA Officer, RE-51
490 L'Enfant Plaza, S.W.
Washington, DC 20594-2000

or fax: (202) 314-6132

or via the web using the request form

What happens after I submit a FOIA request?

The Safety Board processes FOIA requests immediately on receipt. Requests are placed in one of three tracks:

• 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.

Since we are a small agency, it may take time to collect the information you seek. If you request information about an accident that just occurred or we are still investigating, and if a preliminary report is available, we will release the preliminary report and other docket information as it becomes available.

What happens if I don't get the information I asked for?

The Safety Board denies a FOIA request, in whole or in part, only if it falls under one of nine statutory exemptions of the FOIA. The four most common exemptions under which the Board withholds information (with reference to the NTSB regulation on Public Availability of Information) are as follows :

• 5 USC 552 (b)(5), draft reports & staff analysis (see 49 CFR 801.54);
• 5 USC 552 (b)(6), personal information, where a personal interest in privacy outweighs a public interest in release, this includes graphic photographs of injuries in accidents and autopsy reports (see 49 CFR 801.55);
• 5 USC 552 (b)(4), Trade Secrets and/or confidential financial/commercial information submitted by private persons or corporations to the NTSB in the course of an investigation (see 49 CFR 801.59); and
• 5 USC 552 (b)(3), information protected from release by another statute (see 49 CFR 801.53). This includes information such as:
• Cockpit Voice Recorder (CVR) tapes. Release of the tapes is prohibited by 49 USC 1114(c). However, the Board will release a CVR transcript [edited or unedited], the timing of such release is also controlled by statute - 49 USC 1114(c)(B);
• Voluntarily provided safety-related information. 49 USC 1114(b)(3) prohibits the release of such information if it is not related to the exercise of the Board's accident or incident investigation authority and if the Board finds that the disclosure would inhibit the voluntary provision of that type of information; and
• Records or information relating to the NTSB's participation in foreign aircraft accident investigations. 49 USC 1114(e) prohibits the release of this information before the country conducting the investigation releases its report or 2 years following the accident, whichever occurs first.

If we deny your request, our letter advising you of the denial will explain why and also advise you of your right to appeal the determination.

How do I appeal a denial?

There is no specific form or format for an appeal, but it 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 case
• The date of the action on your request
• The legal basis for your appeal (i.e., why you think we should release the information we withheld in an initial determination)

If you believe additional records exist, please specify why you think such records exist and, if possible, where you think they might be located. Address your appeal to:

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

What if my appeal is denied?

After you receive the response to your appeal, if you believe the Safety Board has not handled your case properly or that the Safety Board has wrongfully withheld information, you may challenge our action in a lawsuit filed in Federal Court. Our letter to you on your appeal will inform you of this right.

Where do I learn more about FOIA?

• The Office of Information and Privacy (OIP) at the Department of Justice provides a reference guide and other information regarding Freedom of Information Act: http://www.usdoj.gov/oip/foi-act.htm
• The Government Printing Office offers information about the Code of Federal Regulations, United States Codes, and Freedom of Information Act: http://www.access.gpo.gov/nara/cfr/waisidx_98/49cfr802_98.html or, for more general information see http://www.access.gpo.gov/nara/nara005.html

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