[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Rules and Regulations]
[Pages 65403-65404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28971]


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

40 CFR Part 1600


Organization and Functions of the Chemical Safety and Hazard 
Investigation Board

AGENCY: Chemical Safety and Hazard Investigation Board.

ACTION: Final rule.

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SUMMARY: This rule provides information on the Chemical Safety and 
Hazard Investigation Board's organization, functions, and operations.

DATES: This rule is effective November 20, 2003.

FOR FURTHER INFORMATION CONTACT: Raymond C. Porfiri, Office of the 
General Counsel, (202) 261-7600.

SUPPLEMENTARY INFORMATION: This final rule informs the public about the 
structure, function, operations, and quorum requirements of the 
Chemical Safety and Hazard Investigation Board (CSB).

Regulatory Impact

1. Administrative Procedure Act

    In promulgating this rule, the CSB finds that notice and public 
comment are not necessary. Section 553(b)(3)(A) of Title 5, United 
States Code, provides that when regulations involve matters of agency 
organization, procedure, or practice, the agency may publish 
regulations in final form. In addition, the CSB finds, in accordance 
with 5 U.S.C. 553(d), that a delayed effective date is unnecessary. 
Accordingly, these regulations are effective upon publication.

2. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
a rule that has a significant economic impact on a substantial number 
of small entities, small businesses, or small organizations must 
include an initial regulatory flexibility analysis describing the 
regulation's impact on small entities. Such an analysis need not be 
undertaken if the agency has certified that the regulation will not 
have a significant economic impact on a substantial number of small 
entities. 5 U.S.C. 605(b). The CSB has considered the impact of this 
final rule under the Regulatory Flexibility Act. The General Counsel 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small business entities.
    3. Paperwork Reduction Act
    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    4. Unfunded Mandates Reform Act of 1995
    This final rule does not require the preparation of an assessment 
statement in accordance with the Unfunded Mandates Reform Act of 1995, 
2 U.S.C. 1531. This rule does not include a Federal mandate that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year.

List of Subjects in 40 CFR Part 1600

    Organization and functions (Government agencies).

0
For the reasons stated in the preamble, the Chemical Safety and Hazard 
Investigation Board adds a new 40 CFR part 1600 to read as follows:

PART 1600--ORGANIZATION AND FUNCTIONS OF THE CHEMICAL SAFETY AND 
HAZARD INVESTIGATION BOARD

Sec.
1600.1 Purpose.
1600.2 Organization.
1600.3 Functions.
1600.4 Operation.
1600.5 Quorum and voting requirements.
1600.6 Office location.

    Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C. 7412(r)(6)(N).


Sec.  1600.1  Purpose.

    This part describes the organization, functions, and operation of 
the Chemical Safety and Hazard Investigation Board (CSB). The CSB is an 
independent agency of the United States created by the Clean Air Act 
Amendments of 1990 [Pub. L. 101-549, 104 Stat. 2399, codified at 42 
U.S.C. 7412(r)(6) et seq.]. Information about the CSB is available from 
its Web site, http://www.csb.gov.


Sec.  1600.2  Organization.

    (a) The CSB's Board consists of five Members appointed by the 
President with the advice and consent of the Senate. The President 
designates one of the Members as Chairperson with the advice and 
consent of the Senate. The Members exercise various functions, powers, 
and duties set forth in the Clean Air Act Amendments of 1990 (42 U.S.C. 
7412(r)(6) et seq.).
    (b) The CSB's staff is comprised of the following administrative 
units:
    (1) The Office of the Chief Operating Officer;
    (2) The Office of Investigations and Safety Programs;
    (3) The Office of the General Counsel;
    (4) The Office of Financial Operations;
    (5) The Office of Management Operations; and
    (6) The Office of Equal Employment Opportunity.


Sec.  1600.3  Functions.

    (a) The CSB investigates chemical accidents and hazards, 
recommending actions to protect workers, the public, and the 
environment. The CSB is responsible for the investigation and 
determination of the facts, conditions, and circumstances and the cause 
or probable cause or causes of any accidental release resulting in a 
fatality, serious injury, or substantial property damages.
    (b) The CSB makes safety recommendations to Federal, State, and 
local agencies, including the Environmental Protection Agency and the 
Occupational Safety and Health Administration and private organizations 
to reduce the likelihood of recurrences of chemical incidents. It 
initiates and conducts safety studies and special investigations on 
matters pertaining to chemical safety.
    (c) The CSB issues reports pursuant to its duties to determine the 
cause or probable cause or causes of chemical incidents and to report 
the facts, conditions, and circumstances relating to such incidents; 
and issues and makes available to the public safety recommendations, 
safety studies, and reports of special investigations.

[[Page 65404]]

Sec.  1600.4  Operation.

    In exercising its functions, duties, and responsibilities, the CSB 
utilizes:
    (a) The CSB's staff, consisting of specialized offices performing 
investigative, administrative, legal, and financial work for the Board.
    (b) Rules published in the Federal Register and codified in this 
title of the Code of Federal Regulations.
    (c) Meetings of the Board Members conducted pursuant to the 
Government in the Sunshine Act and part 1603 of this title (CSB Rules 
Implementing the Government in the Sunshine Act) or voting by notation 
as provided in Sec.  1600.5(b).
    (d) Public hearings in connection with incident or hazard 
investigations.


Sec.  1600.5  Quorum and voting requirements.

    (a) Quorum requirements. A quorum of the Board for the transaction 
of business shall consist of three Members; provided, however, that if 
the number of Board Members in office is fewer than three, a quorum 
shall consist of the number of Members in Office; and provided further 
that on any matter of business as to which the number of Members in 
office, minus the number of Members who have disqualified themselves 
from consideration of such matter is two, two Members shall constitute 
a quorum for purposes of such matter. Once a quorum is constituted, a 
simple majority of voting Members is required to approve an item of the 
Board's business. A tie vote results in no action.
    (b) Voting. The Board votes on items of business in meetings 
conducted pursuant to the Government in the Sunshine Act. 
Alternatively, whenever a Member of the Board is of the opinion that 
joint deliberation among the members of the Board upon any matter at a 
meeting is unnecessary in light of the nature of the matter, 
impracticable, or would impede the orderly disposition of agency 
business, such matter may be disposed of by employing notation voting 
procedures. A written notation of the vote of each participating Board 
member shall be recorded by the General Counsel who shall retain it in 
the records of the Board.


Sec.  1600.6  Office location.

    The principal offices of the Chemical Safety and Hazard 
Investigation Board are located at 2175 K Street NW, Washington, DC 
20037.

    Dated: November 14, 2003.
Raymond C. Porfiri,
Deputy General Counsel.
[FR Doc. 03-28971 Filed 11-19-03; 8:45 am]
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