Page:United States Statutes at Large Volume 108 Part 2.djvu/33

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 749 independent standard-setting authorities that carry out programs and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees. (e) INQUIRIES. — The Board, or an officer or employee of the Board designated by the Chairman, may conduct an inquiry to obtain information related to transportation safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Government, a State or local governmental authority, or a person transporting individuals or property in commerce to submit to the Board a written report and answers to requests and questions related to a duty or power of the Board. The Board may prescribe the time within which the report and answers must be given to the Board or to the designated officer or employee. Copies of the report and answers shall be made available for public inspection. (f) REGULATIONS. —The Board may prescribe regulations to carry out this chapter. § 1114. Disclosure, availability, and use of information (a) GENERAL. — Except as provided in subsections (b) and (c) of this section, a copy of a record, information, or investigation submitted or received by the National Transportation Safety Board, or a member or employee of the Board, shall be made available to the public on identifiable request and at reasonable cost. This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States. (b) TRADE SECRETS. —(1) The Board may disclose information related to a trade secret referred to in section 1905 of title 18 only— (A) to another department, agency, or instrumentality of the United States Government when requested for official use; (B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee; (C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and (D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and ssdTety. (2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality. (c) COCKPIT VOICE RECORDINGS AND TRANSCRIPTS. —(1) The Board may not disclose publicly any part of a cockpit voice recorder recording or transcript of oral communications by and between flight crew members and ground stations related to an accident or incident investigated by the Board. However, the Board shall make public any part of a transcript the Board decides is relevant to the accident or incident— (A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or Federal Register, publication. Reports. 79-194 O—95—2:QL3Part2