[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41650-41651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16710]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 821

[Docket No. NTSB-GC-2011-0001]
RIN 3147-AA00


Rules of Practice in Air Safety Proceedings; Correction

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

ACTION: Final rule; correction.

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SUMMARY: The NTSB is correcting a final rule published September 19, 
2013, which inadvertently included an incorrect pronoun. This 
correction is a minor change to ensure consistency in the NTSB's 
references to the Administrator of the Federal Aviation Administration.

DATES: Effective July 17, 2014.

ADDRESSES: Members of the public may contact the NTSB Office of General 
Counsel concerning this correction at 490 L'Enfant Plaza SW., 
Washington, DC 20594.

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

SUPPLEMENTARY INFORMATION: In its September 19, 2013, final rule 
implementing changes to 49 CFR 821.19, the NTSB finalized an amendment 
to paragraph (d) of that section. 78 FR 57527. In the revision of 
paragraph (d), paragraph (d)(1) contains the pronoun ``it,'' which 
refers to the noun ``the Administrator.'' This is incorrect. As a 
result, by this correction, the NTSB makes a technical correction to 
this sentence, to use the correct pronoun in the sentence.

List of Subjects in 49 CFR Part 821

    Administrative practice and procedure, Airmen, Aviation safety.

    Accordingly, the NTSB amends 49 CFR part 821 by making the 
following correcting amendment:

PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS

0
1. The authority citation for part 821 continues to read as follows:

    Authority: 49 U.S.C. 1101-1155, 44701-44723, 46301, Pub. L. 112-
153, unless otherwise noted.


0
2. In Sec.  821.19, revise paragraph (d) to read as follows:


Sec.  821.19  Depositions and other discovery.

* * * * *
    (d) Failure to provide copy of releasable portion of Enforcement 
Investigative Report (EIR). (1) Except as provided in Sec.  821.55 with 
respect to emergency proceedings, where the respondent requests the EIR 
and the Administrator fails to provide the releasable portion of the 
EIR to the respondent by the time he or she serves the complaint on the 
respondent, the respondent may move to dismiss the complaint or for 
other relief and, unless the Administrator establishes good cause for 
that failure, the law judge shall order such relief as he or she deems 
appropriate, after considering the parties' arguments.
    (2) The releasable portion of the EIR shall include all information 
in the EIR, except for the following:
    (i) Information that is privileged;
    (ii) Information that constitutes work product or reflects internal 
deliberative process;
    (iii) Information that would disclose the identity of a 
confidential source;
    (iv) Information of which applicable law prohibits disclosure;
    (v) Information about which the law judge grants leave to withhold 
as not relevant to the subject matter of the proceeding or otherwise, 
for good cause shown; or
    (vi) Sensitive security information, as defined at 49 U.S.C. 40119 
and 49 CFR 15.5.
    (3) Nothing in this section shall be interpreted as preventing the 
Administrator from releasing to the

[[Page 41651]]

respondent information in addition to that which is contained in the 
releasable portion of the EIR.

Christopher A. Hart,
Acting Chairman.
[FR Doc. 2014-16710 Filed 7-16-14; 8:45 am]
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