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Foreword McKenna Long & Aldridge, LLP is an international law firm with a strong litigation and regulatory compliance practice. This experience includes representation of transportation operators in major NTSB investigations following accidents. We have successfully guided operators through the NTSB investigative process and other sensitive issues that affect not only the probable cause findings, but also areas that may ultimately have bearing on civil liability, criminal liability and regulatory compliance. We represent a multitude of transportation entities (i.e. airlines, pipelines, railroads, component manufacturers, etc.) in major and catastrophic accidents throughout the United States. This background allows us to understand what our clients experience during the aftermath of a major transportation accident, and develop plans, practices and procedures to assist our clients during such a difficult period. Our intimate knowledge, combined with our strong relationships throughout the industry, allow us to provide a quality of representation to our clients that is unparalleled. This manual contains the basic advice and resource materials that we have found to be helpful in the aftermath of a transportation accident. We believe these materials will help a company faced with a major accident to avoid the common missteps that can derail an otherwise valid accident response plan. While this manual cannot replace the advice and assistance of legal and technical experts on the scene, it does provide a solid basis from which an accident response plan can be developed. In fact, if you are reading this manual, you are taking the single most critical step toward ensuring the best possible outcome following an accident: you are planning ahead. The period after an accident is so overwhelming and so hostile to learning, that only by planning ahead can you hope to avoid becoming a casualty of the accident response process. Mark A. Dombroff Partner – Northern Virginia McKenna Long & Aldridge LLP 1676 International Drive Penthouse McLean, VA 22102 mdombroff@mckennalong.com TEL: 703.336.8700 FAX: 703.336.8750 CELL: 703.795.3858 Dane B. Jaques Partner – Northern Virginia McKenna Long & Aldridge LLP 1676 International Drive Penthouse McLean, VA 22102 djaques@mckennalong.com TEL: 703.336.8709 FAX: 703.336.8750 CELL: 703.966.6111 © 2015 McKenna Long & Aldridge LLP The material contained in this Emergency Response Manual is for informational purposes only. Although this information may be considered advertising under the rules of some jurisdictions, is not intended to advertise the legal services of McKenna Long & Aldridge LLP (“MLA”), to solicit clients, or to provide legal services or opinions. Such services and opinions are provided by MLA only upon engagement with respect to specific factual situations. By accepting this Handbook, the recipient is not entering into an attorney-client relationship with MLA, the authors of this Handbook, or any other professionals at MLA. Any views expressed in this Handbook are strictly those of the authors, and shall not constitute the views of MLA. Albany | Atlanta | Brussels | Denver | Los Angeles | New York | Northern Virginia | Orange County | Rancho Santa Fe | San Diego | San Francisco | Seoul | Washington, DC
Table of Contents Initial Response 1. Accident Response Checklist 2. Foreign Accident Supplemental Checklist 3. Practical Considerations for Emergency Response 4. Media Relations at a Major Aviation Accident 5. NTSB Document Collection/Production 6. NTSB Form 6120.1 – Pilot/Operator Aircraft Accident/Incident Report 7. 49 CFR §830: Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo and Records Families & Employees 8. Overview of the Aviation Disaster Family Assistance Act 9. Federal Family Assistance Plan for Aviation Disasters - NTSB 2008 10. Insurance/Benefit Coverage Levels/Actions 11. Response Team Wellness Management 12. Employee Work-Related Death Response 13. 49 USC §1136: Assistance to Families of Passengers Involved in Aircraft Accidents 14. 49 USC §41113: Plans To Address Needs of Families of Passengers Involved in Aircraft Accidents 15. 49 USC §41313: Plans To Address Needs of Families of Passengers Involved in Foreign Air Carrier Accidents NTSB Investigation 16. Your Participation in the NTSB Accident Investigation 17. Overview of the NTSB Accident Investigation Process 18. Summary of Applicable Regulations, Laws and Treaties 19. NTSB Statutory Authority and Related Sections: 49 USC §1101-1155 20. 49 CFR § 831: Accident/Incident Investigation Procedures 21. 49 CFR § 845: NTSB Hearing and Reports 22. OSHA Regulations Relevant to Crash Site 23. MOU between ATA and NTSB on Cost of Recovery and Identification of Victims 24. 49 CFR § 1155: Aviation Civil and Criminal Penalties Civil Litigation 25. Attorney Client & Work Product Privileges 26. Sample Internal Memo re: Work Product 27. Discovery of Electronically Stored Information (ESI) 28. Retention and Preservation of Electronically Stored Information (ESI) 29. Document Retention Tips 30. Federal Rule of Evidence 407 and Notes of Advisory Committee Criminal Investigations 31. Criminal Issues Arising From Aircraft Accidents 32. Advice to Employees on Government Interviews 33. Advice on Searches by Government Agents 34. 18 USC §1512: Tampering with a Witness, Victim, or Informant FAA Enforcement Investigations 35. FAA Certificate Actions Against an Air Carrier After an Airline Accident Page 1
Page 1: Aviation Emergency Response Handboo
Page 5 and 6: In general, the following priority
Page 7 and 8: Preserve Aircraft Wreckage • The
Page 9 and 10: • Law Enforcement. Be mindful tha
Page 11 and 12: SUPPLEMENTAL CHECKLIST FOR ACCIDENT
Page 13 and 14: Provide Representation to Interview
Page 15 and 16: o Consider security measures at hot
Page 17 and 18: answered by the airline, and which
Page 19 and 20: coordinated, consistent and orderly
Page 21 and 22: The accident: When the airline wa
Page 23 and 24: After the On-Scene Investigation Wh
Page 25 and 26: NTSB DOCUMENT COLLECTION/PRODUCTION
Page 27 and 28: 6. A list of all maintenance and no
Page 29 and 30: FORM APPROVED FOR USE THROUGH 09/30
Page 31 and 32: NATIONAL TRANSPORTATION SAFETY BOAR
Page 33 and 34: Description of Damage to Aircraft a
Page 35 and 36: PILOT “A” INFORMATION Pilot “
Page 37 and 38: ADDITIONAL FLIGHT CREW MEMBERS (Exc
Page 39 and 40: ADDITIONAL INFORMATION (Please type
Page 41 and 42: Government, or an aircraft owned an
Page 43 and 44: (i) Lands or departs on a taxiway,
Page 45 and 46: OVERVIEW OF THE AVIATION DISASTER F
Page 47 and 48: FEDERAL FAMILY ASSISTANCE PLAN FOR
Page 49 and 50: APPENDIX D-Joint Family Support Ope
Page 51 and 52: Operations Center (JFSOC) to partic
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GENERAL MISSION TASKS The family as
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VICTIM SUPPORT TASK 1-National Tran
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15. If the accident is determined t
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15. Provide logistical support to f
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VICTIM SUPPORT TASK 3-American Red
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8. Using a specially trained FAC te
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VICTIM SUPPORT TASK 7-Department of
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COORDINATING INSTRUCTIONS 1. The po
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APPENDIX A Aviation Disaster Family
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“(2) are individually informed of
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passenger, any possession of the pa
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(A); (C) an analysis of any inconve
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(regardless of its condition) of th
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day.” (2) Enforcement.--Section 1
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(a) Inclusion of Nonrevenue Passeng
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“(18) An assurance that, in the c
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Schematic of a Family Assistance Ce
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6. Maintain locations and telephone
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developments. If foreign consulate
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APPENDIX E Sample Format for an Aft
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APPENDIX G Victim Support Tasks-Che
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Victim Support Tasks Air Carrier Ta
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Victim Support Tasks Air Carrier Ta
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Victim Support Tasks - Victim Ident
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Victim Support Tasks - Assisting Fa
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Victim Support Tasks - Assisting Vi
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Air Carriers Who constitutes a fami
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Due to the physical dangers and psy
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The American Red Cross can also ass
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Who is considered a family member f
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For more information, a brochure, t
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coordinated with the NTSB Major Inv
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What is the FBI ERT? The FBI Eviden
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APPENDIX J References 1. Presidenti
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VST Victim Support Task - 75 - Fede
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• Some plans offer education and
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COPING STRATEGIES SELF-ASSESSMENT D
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• Provide name and number of dire
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• As soon as personal effects are
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(5) To arrange a suitable memorial
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(2) Board assistance. - If this sec
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(7) An assurance that any unclaimed
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Subsec. (c). Pub. L. 106-181, Sec.
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TITLE 49 - TRANSPORTATION SUBTITLE
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(13) Resources for plan. - An assur
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I. GENERAL CONSIDERATIONS YOUR PART
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Attachment CONFIDENTIAL COMMUNICATI
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OVERVIEW OF NTSB ACCIDENT INVESTIGA
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Accident within the United States S
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• Immunizations for rescue worker
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NTSB STATUTORY AUTHORITY AND RELATE
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(A) any report of a confirmed posit
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paragraph (1) may have been caused
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(c) Avoiding Unnecessary Interferen
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(d) Pa se nge r Lists.— (1) Re qu
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(b ) CivilActionsb y Attorne y Ge n
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ecorder recording is not available.
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TITLE 49--TRANSPORTATION CHAPTER VI
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Sec. 831.5 Priority of Board invest
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epresentative of the Board and pres
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Sec. 831.12 Access to and release o
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TITLE 49 -- TRANSPORTATION SUBTITLE
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HISTORY: [49 FR 32853, Aug. 17, 198
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49 CFR 845.22 § 845.22 Te ch nical
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HISTORY: 44 FR 34419, June 14, 1979
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(b ) W h e n a p e tition for re co
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SECTIONS OF OSHA REGULATIONS RELEVA
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PRINCIPLES OF L*DERSTANDING BETWEEN
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other on an on-going basis, especia
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September 30, 1999 Mr. Dan Campbell
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49 USC Section 1155 Aviation Penalt
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ATTORNEY-CLIENT AND WORK PRODUCT PR
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SAMPLE INTERNAL MEMO RE: WORK PRODU
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e. Documents that might otherwise b
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DISCOVERY OF ELECTRONICALLY STORED
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___ hard copies of documents ___ el
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FEDERAL RULE OF EVIDENCE 407 Rule 4
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I. Airline Accidents Result in Crim
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Since 1909, courts have held corpor
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ADVICE TO EMPLOYEES ON GOVERNMENT I
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The Entry: The Witnesses: The Searc
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f. The identity of the place to be
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TITLE 18 - CRIMES AND CRIMINAL PROC
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shall be fined under this title or
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concluding provisions. Subsec. (d).
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FEDERAL GUIDELINES FOR TREATMENT OF
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FAA CERTIFICATE ACTIONS AGAINST AN
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must contain the name and address o
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The Ninth Circuit first addressed t
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NATIONAL TRANSPORTATION SAFETY BOAR
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FOREWORD NOTE: This manual is a Nat
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3.6 Group Chairmen Responsibilities
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A. IIC Checklist B. Cockpit Voice R
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1. Pre-Investigation Preparation 1.
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(3) notify GA, PA, and TDA; (4) not
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accidents of this type, location of
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If an FAA airplane is available, th
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The backup IIC or another AS-10 sta
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confirm that the rental costs are i
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• Introduce the participants of t
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As the investigative groups are for
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All Safety Board personnel travelin
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that each member of the group has r
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the group chairmen on the implicati
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answer questions following the brie
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investigation and any particular pr
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eports. Other tasks to be performed
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Each group chairman will submit a P
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they exist. It is NTSB policy to re
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The IIC/hearing officer is responsi
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exhibit are made and prepared for d
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Typically, the prehearing conferenc
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likely to have need for issuing a s
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4.10 Party Submissions Although the
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Directors’ draft. At each level o
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Even if the issue under discussion
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4.15 Petition for Reconsideration A
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When working on an overseas investi
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states that the Safety Board would
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iefings will occur daily and will l
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TABLE OF CONTENTS FOREWORD ........
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FOREWORD Historical background Stan
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Contracting States are invited to k
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Table A. Amendments to Annex 13 Ame
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INTERNATIONAL STANDARDS AND RECOMME
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asis, the States constituting the a
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CHAPTER 3. GENERAL Note.— Guidanc
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CHAPTER 4. NOTIFICATION Note 1.—
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4.5 Recommendation.— The State of
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CHAPTER 5. INVESTIGATION RESPONSIBI
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Flight recorders — Accidents and
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5.16 When an aircraft involved in a
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g) participate in off-scene investi
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6.3.2 Recommendation.— The State
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CHAPTER 7. ADREP REPORTING Note 1.
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CHAPTER 8. ACCIDENT PREVENTION MEAS
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APPENDIX. FORMAT OF THE FINAL REPOR
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1.11 Flight recorders. Location of
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ATTACHMENT B. NOTIFICATION AND REPO
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ATTACHMENT C. LIST OF EXAMPLES OF S
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The flight data recorder and the co
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(4) supervise the expenditures of t
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consistency because the authority t
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NOTES: Code of Federal Regulations:
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(C) If a Federal law enforcement ag
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In this section, the word "conditio
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National Transportation Safety Boar
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Alcohol Testing: § 120.215 Covered
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□ □ □ 1.07.09 Do you make the
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7 FAM Exhibit 1830(A): Checklist of
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(1) The identifying abbreviation "A
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7 FAM 1831 INTRODUCTION (CT:CON-212
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(1) Twelve Mile Limit: On December
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. Other Legislation Relating to Tra
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(c) (d) Command center at home offi
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(2) Sensitivity Training from the F
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sources that are free to report uns
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• New Zealand - Transportation Ac
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(b) (c) Post convenes post's Emerge
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(1) Check local hospitals, morgues
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Note : Forcountrie sth at are p art
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the effects to a third party, such
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(2) The Department is recognized as
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(e) The Parties will exercise dilig
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Federal Register of August 2, 1995,
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