[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1193-1195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31623]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Chapter VIII

[Docket No. NTSB-GC-2012-0002]


Retrospective Analysis of Existing Rules; Notification

AGENCY: National Transportation Safety Board (NTSB or Board).

ACTION: Notification.

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SUMMARY: On June 25, 2012, the NTSB published a request for information 
stating it was undertaking a review of all its regulations. 77 FR 
37865. The NTSB indicated this review would occur as a result of 
Executive Order 13579, ``Regulation and Independent Regulatory 
Agencies,'' issued July 11, 2011, (76 FR 41587, July 14, 2011), which 
directs agencies to review all regulations to ensure they are up-to-
date and comply with the principles articulated in Executive Order 
13579. The NTSB stated it would specifically analyze all regulations 
within 49 CFR part 831, concerning accident investigation procedures, 
and publish a document setting forth its plan for proceeding with 
updates to its regulations. The NTSB collected comments from the public 
concerning its regulations, and herein notifies the public of its plan 
to update all NTSB regulations.

ADDRESSES: Copies of this notification, published in the Federal 
Register (FR), are available for inspection and copying in the NTSB's 
public reading room, located at 490 L'Enfant Plaza SW., Washington, DC 
20594-2003. Alternatively, documents related to this comprehensive 
review of NTSB regulations are available on the government-wide Web 
site on regulations at http://www.regulations.gov (Docket ID Number 
NTSB-GC-2012-0002).

FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 
314-6080.

SUPPLEMENTARY INFORMATION: 

I. Requirement To Review Regulations

    In accordance with Executive Order 13579, the NTSB published a 
request for information stating it would undertake a comprehensive 
review of its regulations. Executive Order 13579 requests independent 
agencies issue public plans for periodic retrospective analysis of 
their existing ``significant regulations.'' The executive order states 
such analyses should identify any significant regulations that may be 
outmoded, ineffective, insufficient, or excessively burdensome. Then, 
the agency's plan should describe how it will modify, streamline, 
expand, or repeal those regulations in order to achieve the agency's 
regulatory objective. The President ordered agencies to allow for 
public participation in retrospective reviews; prioritize their reviews 
by first addressing the regulations that will provide the most 
significant monetary savings or in reductions in paperwork burdens; and 
regularly report the status of retrospective reviews to OIRA. The NTSB 
is committed to fulfilling the

[[Page 1194]]

requirements set forth in this follow-up order.
    As described in the NTSB's June 25, 2012 request for information, 
Executive Order 13579 encourages independent agencies to review 
``significant regulations''; however, the executive order does not 
define what agencies should consider to be ``significant regulations.'' 
The NTSB decided to utilize the definition of a ``significant 
regulatory action'' provided in Executive Order 12866, ``Regulatory 
Planning and Review,'' which is the executive order that established 
the modern regulatory review structure.\1\ The NTSB then determined 
that a very limited number of its regulatory actions are ``major 
rules,'' because they do not have a ``significant economic impact upon 
a substantial number of small entities.'' The NTSB's request for 
information, therefore, described only the NTSB regulations that could, 
when viewed in the broadest sense, have a significant economic impact 
upon a substantial number of small entities.
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    \1\ Section 3(f) of Executive Order 12866 defines ``significant 
regulatory action'' as one that is likely to result in a rule that 
may:
    (1) Have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or
    (4) Raise novel, legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.
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    The NTSB's request for information set forth a 6-month timeframe in 
which the NTSB indicated it would specifically review all provisions 
within part 831. In particular, the request for information states the 
NTSB would:

    [R]eview 49 CFR part 831 within the next 6 months to determine 
if any sections within part 831 could be modified, streamlined, 
expanded, or repealed, pursuant to the direction of Executive Order 
13579. The NTSB's findings will form the basis for the NTSB's 
decision concerning whether the NTSB should make any changes to part 
831. The NTSB is committed to issuing a Notice of Proposed 
Rulemaking within 6 months of the published findings, should the 
findings counsel in favor of changing any sections of part 831.

77 FR at 37867.
    As explained more fully below, the NTSB has reviewed part 831 and 
anticipates publishing a notice of proposed rulemaking (NPRM) to 
suggest various changes to part 831.

II. The NTSB's Review and Upcoming Changes

    Since publishing its June 25, 2012 request for information, the 
NTSB has reviewed all parts of its regulations: 49 CFR Parts 800-850. 
The NTSB has determined to update certain parts in the near future, in 
accordance with the standard informal rulemaking procedure of 
soliciting comments from the public (Phase I). The NTSB then plans to 
publish a document indicating its changes to rules applicable only to 
internal agency matters (Phase II). Finally, the NTSB also plans to 
update other parts at a later date, as these parts require coordination 
with other agencies, and therefore should appear on a different 
timeline (Phase III).

Phase I: Review of Parts Requiring Comment

    The NTSB has carefully reviewed the following regulatory parts, and 
plans to publish a notice of proposed rulemaking updating these parts 
within three months of the date of this notification: Parts 801, 802, 
803, 804, 806, 807, 825, 830, 831, 835, 837, 840, and 845. The NTSB has 
also drafted an additional part, to set forth requirements of 
notification applicable to certain highway accidents.
    As discussed in the June 25, 2012 request for information, the NTSB 
identified one part of its regulations that may contain ``significant 
regulations'' pursuant to the definition contemplated above: 49 CFR 
part 831. This part, entitled ``Accident/Incident Investigation 
Procedures,'' contains a set of 14 sections describing the NTSB's 
``party process,'' which involves the NTSB's invitation to outside 
entities to assist with an investigation as a ``party.'' The NTSB 
typically extends party status to those organizations that can provide 
the necessary technical assistance to the investigation. The role of 
party representatives is to support the NTSB's investigation at the 
direction of the NTSB, all with the ultimate goal of improving 
transportation safety. These parties could be small entities, which the 
NTSB may request be available for the on-scene portion of an 
investigation, as well as follow-up meetings and/or tasks. The NTSB 
does not reimburse investigation participants for the amount of time 
expended for an NTSB investigation, nor does the NTSB pay for any 
travel costs that arise out of such participation. As a result, it is 
remotely possible that a combination of NTSB investigations could 
result in costs that exceed $100 million.
    The NTSB has undertaken a comprehensive review of part 831, and 
carefully considered the five comments the NTSB received as a result of 
its June 25, 2012 announcement indicating the plan to update NTSB 
regulations. The NTSB posted these comments in the public rulemaking 
docket, available at www.regulations.gov, Docket No. NTSB-GC-2012-0002. 
The NTSB plans to publish an NPRM that responds to all comments and 
sets forth proposed changes to part 831.
    In addition, the NTSB has undertaken a review of its other 
regulatory parts, and also plans to issue an NPRM proposing changes to 
the other parts listed above. Within this NPRM, the NTSB will most 
likely propose a new part to address notification of certain highway 
accidents.
    The NTSB may publish its proposed changes to part 831 in the same 
NPRM as its changes to the other parts. In this regard, Phase I of the 
NTSB's comprehensive review of its regulations may consist of two 
tiers.

Phase II: Changes Not Requiring Public Comment

    In Phase II, the NTSB will issue changes to 49 CFR part 800. The 
NTSB has identified several sections of part 800 that are outdated. In 
addition, the NTSB recognizes several additional duties should be 
included in certain sections within part 800. Part 800 solely consists 
of internal agency procedures that are not relevant to the NTSB's work 
with the public, its parties, or any other agency. As a result, the 
NTSB does not plan to seek comments from the public concerning changes 
to part 800. 5 U.S.C. 553(b)(3)(A) (exempting from the public comment 
requirement ``rules of agency organization, procedure, or practice''). 
The NTSB plans to publish its changes to part 800 in conjunction with, 
or shortly after, its publication of the final NPRM described in the 
plan for Phase I.

Phase III: Changes Requiring Consultation With Other Agencies

    The NTSB, at this time, is not prepared to alter part 850 of its 
regulations, which set forth procedures applicable to marine accident 
investigations. The NTSB maintains a close working relationship with 
the United States Coast Guard in accordance with 49 U.S.C. 1131, part 
850 and a Memorandum of Understanding. The NTSB plans to address with 
the Coast Guard any changes to part 850, and prepare such changes on a 
distinct timeline, rather than contemporaneously with all other updates 
from Phases I and II of this project.

[[Page 1195]]

    In the event the NTSB identifies the need for additional regulatory 
changes or additions it believes would benefit the agency, but require 
collaborating with other Federal agencies, the NTSB will also attempt 
to include such changes in Phase III of this project.

III. Biennial Review

    As stated in its June 25, 2012 request for information, the NTSB 
has not overseen any investigations that come within the definition of 
``significant regulatory actions.'' Nevertheless, the NTSB indicated it 
is committed to reviewing its regulations within 49 CFR part 831, in 
the interest of ensuring none are ``outmoded, ineffective, 
insufficient, or excessively burdensome'' under Executive Orders 
13563,''Regulation and Independent Regulatory Agencies,'' issued 
January 18, 2011 (76 FR 3821, January 21, 2011) and 13579. As a result, 
following the comprehensive review and publication of the NPRM and 
final rule documents discussed in this notification, the NTSB will 
undertake a biennial review of part 831 to ensure no regulations are 
outmoded, ineffective, insufficient, or excessively burdensome. 
Following each biennial review, the NTSB will make its findings 
available for public comment.

IV. Cultural Change

    The NTSB's June 25, 2012 request for information also stated it was 
committed to encouraging and fostering a culture at the NTSB that 
ensures agency employees are aware NTSB regulations must remain up-to-
date. The NTSB believes it has begun to achieve this goal, as almost 
all offices at the NTSB have been involved in the comprehensive review 
of regulations the NTSB recently concluded. Offices are aware of the 
importance of ensuring regulations are not outdated or difficult to 
comprehend.

Deborah A.P. Hersman,
Chairman.
[FR Doc. 2012-31623 Filed 1-7-13; 8:45 am]
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