Tapes
Requests for viewing or duplicating original recordings that may be evidence in a non-
U.S. Government investigation must be referred to CNO (N8853). In addition, tapes or
information that pertains to an incident/mishap must not be released to any party
without the consent of the appropriate commanding officer. A chain of custody (with
signatures obtained including release and assumption of responsibility) is mandatory
and must be established for all original voice/data recordings before release of
recordings to authorized agencies or officials. The Freedom of Information Act as
delineated in Department of the Navy Freedom of Information Act (FOIA) Program,
SECNAVINST 5720.42, should be referred to in all cases.
Retention of Voice/Data Recordings
Original recordings must be retained for at least 15 days except for mishaps involving
Navy ATCFs or DON aircraft. These mishap recordings must be retained until one of
the following events occurs:
The claim or complaint is adjudicated
The two-year statute of limitations expires
Higher authority releases the recordings
Statements
Statements shall be obtained from the controller and supervisory personnel involved.
These statements are in support of administrative action and may not be made the
basis of legal or disciplinary proceedings unless provisions of Article 31 of the UCMJ
have been observed.
Equipment Condition
The operating characteristics and condition of equipment (such as the FPN-63) must be
examined by technically qualified personnel who were not on duty at the time of the
incident/mishap.
This procedure is used to determine whether equipment could have been a contributing
factor. Before the examination, no alterations or adjustments may be made on the
equipment without the consent of the ATCFO.
ATC Personnel Involvement in an Incident/Mishap
An air traffic controller that appears to have contributed to an incident/mishap that
jeopardized safety of aircraft must be temporarily relieved of operational duty. The
controller must also be referred to the flight surgeon for physical/psychological
evaluation. As is the case with the statements, this is not to be considered as
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