http://dms.ntsb.gov/pubdms/search/document.cfm?docID=389173&docketID=54251&mkey=85973 :
March 21, 2013
Brett C. Gerry, Esq.
Vice President and Assistant General Counsel
for Commercial Airplanes
The Boeing Company
Post Office Box 3707, MC-22-83
Seattle, WA 98124-2207
Dear Mr. Gerry:
I am writing to remind The Boeing Company (Boeing) of its obligations as a party to a National
Transportation Safety Board (NTSB) investigation.
Since the Japan Airlines Boeing 787-8 auxiliary power unit battery fire event at Boston Logan
International Airport on January 7, 2013, the NTSB has received technical assistance and cooperation
from Boeing as a party to our ongoing investigation. Boeing is also serving as a technical advisor to the
NTSB in our role as the accredited representative to the Japan Tran sport Safety Board (JTSB) in its
investigation of the battery event that occurred on All Nippon Airways Flight 692 on January 16, 2013.
Our Office of Aviation Safety has worked close ly with Boeing throughout the Japan Airlines
investigation and our Office of Communications has worked effectively with Boeing regarding the
dissemination of information to the media.
Boeing is obviously familiar with the NTSB investigative process and its failure to inform the
NTSB of the content of the recent technical briefing in Tokyo prior to its occurrence is inconsistent with
our expectations for a party. As you know, the role and responsibilities of a party to an NTSB
investigation are set forth in the NTSB ' s Certification of Party Representative, agency regulations, and
accompanying information and guidance. The Boeing party representative signed this certification on
January 7, 2013. The NTSB expects parties to an investigation to comply fully with its requirements
and respect the role of the agency in performing its investigative responsibilities independently and with
transparency.
As a party to our investigation, Boeing's support of and participation in the upcoming
NTSB hearing beginning on April 23, 2013, are appreciated. If you or your staff have any questions or
concerns about the party agreement or your participation in our upcoming hearing, please do not hesitate
to call me.
Sincerely,
David K. Tochen
General Counsel
PS: See http://www.ntsb.gov/doclib/forms/NTSB_Investigation_Party_Form.pdf for information on the responsibilities of parties regarding information disclosure.