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virsight hearing - Motor Vehicle Hazard Archive Project

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18<br />

justify maintenance of a bomb range to demonstrate the effects of<br />

various types of hazardous materials on aircraft, truck or marine<br />

structures; TSI has access to two explosive ranges. Dedicated displays<br />

of wreckage sit€s that provide valuable hands-on training experience<br />

have been made possible at TSI through the combined efforts<br />

of several agencies. Within the year, these wreckage layouts<br />

will be housed in a large metal building, providing even great€r<br />

training opportunities. This is made possible by effectively pooling<br />

the training nesources of federal agencies.<br />

Tasking other agencies with the requirement to train NTSB personnel<br />

would overburden their training programs, requiring them<br />

to hire additional personnel and acquire expertise in fields outside<br />

their responsibilities. No single program at TSI could fulfill our<br />

needs, and the management of a piecemeal training program would<br />

be inefficient. By establishing a viable NTSB program at TSI, both<br />

agencies benefit, at no additional co6t to the student and minimal<br />

co6t to the government.<br />

If you have additional questions, please do not hesitate to contact<br />

ua.<br />

Respectfully yours,<br />

r?8<br />

Jnr Bunnrtr, Cheirman<br />

The Board operates under a reimbursable agreement with the<br />

Federal Aviation Administration. However, in an October 22, 1986<br />

memorandum an FAA lawyer raised some questions about this<br />

agreement. He said:<br />

Crediting of NTSB Appropri.ation-The second area of<br />

concern is the language in paragraph V.b. which authorizes<br />

the FAA to credit to the NTSB operations appropriation<br />

thoee tuitions collected by TSI for training conducted<br />

by NTE|B. Ttre crediting of tuitions is apparently conditioned<br />

on the exist€nce of specific Iegislative authority permitting<br />

NTSB to credit its appropriation in this manner.<br />

Based on the information that I have received from your<br />

office, it appears that such enabling legislation hag not<br />

been signed into law. In the abeence of the specific legislative<br />

authority, it appears that the frnal Agreerrent should<br />

not contain the language of paragraph V.b. The FAA<br />

should not agree to crediting NTSB's appropriation in the<br />

absence of epecifrc legal authority to do so. I should point<br />

out that the FAA credits its appropriation under the authority<br />

of Section 313(d) of the Federal Aviation Act of<br />

1958 (49 U.S.C. Section 1354(d)), which explicitly permita<br />

such crediting. Crediting NTSB's appropriation is not le<br />

gally supportable without similar legislative authority.<br />

The Committee amendment clarifies section 4 of ILR. 11 and provides<br />

the authority needed by the Board to address this problem. It<br />

authorizes the Board to continue to use the DOI's. training school<br />

in Oklahoma on a reimbursable basis. It directs the Secretary of<br />

DOT to make the school available to the Board and to other safety<br />

entities that are governmental or nongovernmental. However, such<br />

use by non-Federal personnel must be covered by a fee suffrcient to<br />

cover applicable costs. The fee would go directly to the DOT and it<br />

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