[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57307-57311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23608]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 800

[Docket No. NTSB-GC-2012-0002]
RIN 3147-AA03


Organization and Functions of the Board and Delegations of 
Authority

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

ACTION: Final rule.

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SUMMARY: By this Final Rule, the NTSB adds a new subpart to a part 
which contains internal rules specific to the NTSB. In publishing a 
Notice of Proposed Rulemaking (NPRM) in June 2015, the NTSB proposed a 
new subpart to outline the NTSB's rulemaking procedures.

DATES: The revisions and additions published in this Final Rule will 
become effective October 23, 2015.

ADDRESSES: A copy of the Final Rule, published in the Federal Register 
(FR), is available for inspection and copying in the NTSB's public 
reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-
2003. Alternatively, a copy of the NPRM is 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. Notice of Proposed Rulemaking

    The NTSB issued this NPRM in accordance with its June 25, 2012 
document indicating the agency's intent to undertake a review of all 
NTSB regulations to ensure they are updated. 77 FR 37865. The NTSB 
initiated this review in accordance with Executive Order 13579, 
``Regulation and Independent Regulatory Agencies'' (76 FR 41587, July 
14, 2011). The purpose of Executive Order 13579 is to ensure all 
agencies adhere to the key principles found in Executive Order 13563, 
``Improving Regulation and Regulatory Review'' (76 FR 3821, January 21, 
2011), which include promoting public participation in rulemaking, 
improving integration and innovation, promoting flexibility and freedom 
of choice, and ensuring scientific integrity during the rulemaking 
process in order to create a regulatory system that protects public 
health, welfare, safety, and the environment while promoting economic 
growth, innovation, competitiveness, and job creation. The NTSB 
explained in its June 25, 2012 document that it is committed to 
ensuring its regulations remain updated and comply with these 
principles. The NTSB published an additional document in the Federal 
Register on January 8, 2013, describing the NTSB's plan for updating 
all regulations. 78 FR 1193. Consistent with Executive Order 13563 and 
in accordance with these two documents published in the Federal 
Register, the NTSB seeks to ensure the public is aware of its 
rulemaking procedures.
    On June 18, 2015, the NTSB published an NPRM inviting public 
comments concerning the NTSB's

[[Page 57308]]

addition of a new subpart within 49 CFR part 800, to outline procedures 
for the adoption of rules, as well as the rulemaking process in 
general. 80 FR 34874. As the NTSB stated in its NPRM, many of the new 
sections we proposed are self-explanatory.
    The NTSB divided its discussion of the proposed additions into five 
segments, the first of which described general rulemaking provisions 
(Sec. Sec.  800.30-800.34), which included proposed rules describing 
the applicability of proposed new subpart C (Procedures for Adoption of 
Rules), the NTSB's public reading room (Sec.  800.31), the act of 
initiating the rulemaking process (Sec.  800.32), as well as notices of 
proposed rulemaking and the contents thereof (Sec. Sec.  800.33 and 
800.34).
    The NTSB also categorized three proposed rules into a segment it 
described as ``public participation'' (Sec. Sec.  800.35-800.38). These 
proposed rules addressed participation of interested persons in the 
NTSB rulemaking process, which include submitting comments; petitions 
for extension of time to comment; the contents of written comments; and 
the NTSB's process for considering the comments it receives in response 
to a publication requesting comments.
    The NTSB described proposed Sec. Sec.  800.39-800.41 within a 
segment titled ``proceedings and documents.'' These proposed sections 
described procedures for additional rulemaking proceedings, hearings, 
and the agency's process for adopting final rules.
    Finally, the NTSB organized its preamble description of the 
remaining sections into segments titled ``petitions for rulemaking'' 
(Sec. Sec.  800.42-800.43), which described the procedure for 
submitting a petition for rulemaking, as well as the agency's 
processing of such petitions; and ``Direct and Interim Final Rules'' 
(Sec. Sec.  800.44-800.45), which proposed to implement procedures for 
promulgating rules that are immediately effective in certain 
circumstances.
    As the NTSB stated in its NPRM, the agency reviewed other agencies' 
rules describing rulemaking procedures, and utilized such rules as a 
model for the proposed new subpart.

II. Comment Received and Response Thereto

    The NTSB received one comment in response to the June 18, 2015 
NPRM, from the Air Line Pilots Association, International (ALPA). The 
comment contained two suggestions, which the NTSB has considered 
carefully. First, ALPA recommends the NTSB utilize the direct final 
rulemaking (DFR) procedure for all its rulemaking projects. Second, 
ALPA suggests the NTSB alter its proposed language in Sec.  800.37 
(``Contents of written comments''), in which we proposed, among other 
requirements, that comments be limited to 15 pages in length. ALPA 
recommends we amend the page limit to be 15 pages unless the NPRM 
itself exceeds 15 pages, in which case we should increase the page 
limit to equal the number of pages of the NPRM.

A. Section 800.33, ``Notice of Proposed Rulemaking.''

    The NTSB appreciates ALPA's feedback concerning the option of 
utilizing the DFR procedure for NTSB rulemakings. The comment was 
succinct, in that it did not provide examples of situations in which 
the organization believes the NTSB might use the DFR procedure in lieu 
of publishing an NPRM and inviting comments from the public. The 
comment states, ``While ALPA understands that the Administrative 
Procedures Act does allow for this procedure, ALPA believes that it 
would be in the NTSB, stakeholders, and public interest to issue such 
rulemaking in accordance with the direct final rulemaking procedures.'' 
The NTSB assumes that ALPA desires the agency engage in more 
expeditious rulemaking procedures, thereby saving time and agency 
resources.
    However, the NTSB declines to remove Sec.  800.33, because DFR 
procedures are only available under the Administrative Procedure Act in 
limited circumstances. In particular, agencies only use DFR procedures 
when they do not anticipate a proposed rule or change will be 
controversial or will generate public interest.
    While the NTSB does not promulgate rules that are considered 
``major'' under Executive Order 12866, ``Regulatory Planning and 
Review,'' the agency nevertheless issues regulations about which 
transportation entities and members of the public maintain an interest 
and intend to offer comments. For example, in response to the NTSB's 
recent NPRM proposing the reorganization of and several changes to its 
rules on investigation procedures (49 CFR part 831), the agency 
received over three dozen substantive comments from a variety of 
stakeholders. See 79 FR 47064 (Aug. 12, 2014); www.regulations.gov 
Docket NTSB-GC-2012-0002. These proposed changes did not meet the 
criteria to be considered a ``major rule'' or a rule that would have a 
significant economic impact on a substantial number of small entities; 
nevertheless, the NPRM generated interest from a wide array of 
interested persons, organizations, and agencies. The NTSB could not 
consider promulgating such rulemaking changes in any manner other than 
publishing an NPRM and carefully considering all comments the agency 
received in response to it. Overall, while the NTSB appreciates ALPA's 
idea concerning exclusive utilization of the DFR process, the agency 
nevertheless finalizes its proposed new subpart, including Sec.  800.33 
(``Notice of proposed rulemaking''), in this Final Rule.

B. Section 800.37, ``Contents of Written Comments.''

    The NTSB also appreciates ALPA's suggestion concerning the increase 
of the page limit applicable to comments from the public. While the 
NTSB believes a limit of 15 pages is sufficient for almost all 
rulemaking responses, the agency also acknowledges the public may find 
the page limit to be insufficient. Nevertheless, the NTSB finalizes the 
text of Sec.  800.37, because the text includes language indicating the 
NTSB may choose to waive the page limit in certain circumstances. The 
agency will seriously consider such a waiver when it proposes 
regulatory changes in an NPRM that is particularly lengthy or complex.

III. Regulatory Analyses

    In the NPRM, the NTSB included a regulatory analyses section 
concerning various Executive Orders and statutory provisions. The NTSB 
did not receive any comments concerning the results of these analyses. 
The NTSB again notes the following concerning such Executive Orders and 
statutory provisions.
    This Final Rule is not a significant regulatory action under 
Executive Order 12866. Therefore, Executive Order 12866 does not 
require a Regulatory Assessment. As such, the Office of Management and 
Budget (OMB) has not reviewed this proposed rule under Executive Order 
12866. In addition, section 2(a) of Executive Order 13579 states:

    Independent regulatory agencies ``should consider how best to 
promote retrospective analysis of rules that may be outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.

76 FR at 41587. Consistent with Executive Order 13579, the NTSB's 
amendments to 49 CFR part 800 reflect its judgment that this part 
should be updated and streamlined.

    This rule does not require an analysis under the Unfunded Mandates 
Reform Act, 2 United States Code (U.S.C.) 1501-

[[Page 57309]]

1571, or the National Environmental Policy Act, 42 U.S.C. 4321-4347.
    The NTSB has also analyzed these amendments in accordance with the 
principles and criteria contained in Executive Order 13132, 
``Federalism.'' Any rulemaking proposal resulting from this notice 
would not propose any regulations that would: (1) Have a substantial 
direct effect on the states, the relationship between the national 
government and the states, or the distribution of power and 
responsibilities among the various levels of government; (2) impose 
substantial direct compliance costs on state and local governments; or 
(3) preempt state law. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The NTSB is also aware that the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) requires each agency to review its rulemaking to 
assess the potential impact on small entities, unless the agency 
determines that a rule is not expected to have a significant economic 
impact on a substantial number of small entities. The NTSB certifies 
this final rule will not have a significant economic impact on a 
substantial number of small entities.
    Regarding other Executive Orders and statutory provisions, this 
final rule also complies with all applicable standards in sections 3(a) 
and 3(b)(2) of Executive Order 12988, ``Civil Justice Reform,'' to 
minimize litigation, eliminate ambiguity, and reduce burden. In 
addition, the NTSB has evaluated this rule under: Executive Order 
12630, ``Governmental Actions and Interference with Constitutionally 
Protected Property Rights''; Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks''; Executive 
Order 13175, ``Consultation and Coordination with Indian Tribal 
Governments''; Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use''; and 
the National Technology Transfer and Advancement Act, 15 U.S.C. 272 
note. The NTSB has concluded this rule does not contravene any of the 
requirements set forth in these Executive Orders or statutes, nor does 
this rule prompt further consideration with regard to such 
requirements.

List of Subjects in 49 CFR Part 800

    Administrative practice and procedure, Authority delegations 
(Government agencies), Government employees, Organization and functions 
(Government agencies).

    For the reasons discussed in the preamble, the NTSB amends 49 CFR 
part 800 as follows:

PART 800--ADMINISTRATIVE RULES

0
1. Revise the authority citation for 49 CFR part 800 to read as 
follows:

    Authority: 49 U.S.C. 1113(f), unless otherwise noted.

0
2. Revise the heading for part 800 to read as set forth above.
0
3. Add subpart C to 49 CFR part 800 to read as follows:
Subpart C--Procedures for Adoption of Rules
Sec.
800.30 Applicability.
800.31 Public reading room.
800.32 Initiation of rulemaking.
800.33 Notice of proposed rulemaking.
800.34 Contents of notices of proposed rulemaking.
800.35 Participation of interested persons.
800.36 Petitions for extension of time to comment.
800.37 Contents of written comments.
800.38 Consideration of comments received.
800.39 Additional rulemaking proceedings.
800.40 Hearings.
800.41 Adoption of final rules.
800.42 Petitions for rulemaking.
800.43 Processing of petition.
800.44 Direct final rulemaking procedures.
800.45 Interim rulemaking procedures.

Subpart C--Procedures for Adoption of Rules


Sec.  800.30  Applicability.

    This subpart prescribes rulemaking procedures that apply to the 
issuance, amendment, and revocation of rules pursuant to 49 U.S.C. 
1101-1155.


Sec.  800.31  Public reading room.

    Information and data deemed relevant by the NTSB relating to 
rulemaking actions, including notices of proposed rulemaking; comments 
received in response to notices; petitions for rulemaking and 
reconsideration; denials of petitions for rulemaking; and final rules 
are maintained in the NTSB's public reading room, located at 490 
L'Enfant Plaza SW., Washington, DC 20594-2003.


Sec.  800.32  Initiation of rulemaking.

    The NTSB may initiate rulemaking either on its own motion or on 
petition by any interested person after a determination that grant of 
the petition is advisable. The NTSB may also consider the 
recommendations of other agencies of the United States.


Sec.  800.33  Notice of proposed rulemaking.

    Unless the NTSB, for good cause, finds notice is impracticable, 
unnecessary, or contrary to the public interest, and incorporates that 
finding and a brief statement of the reasons for it in the rule, a 
notice of proposed rulemaking is issued and interested persons are 
invited to participate in the rulemaking proceedings under applicable 
provisions of 5 U.S.C. 551.


Sec.  800.34  Contents of notices of proposed rulemaking.

    (a) Each notice of proposed rulemaking is published in the Federal 
Register.
    (b) Each notice includes:
    (1) A statement of the time, place, and nature of the proposed 
rulemaking proceeding;
    (2) A reference to the authority under which it is issued;
    (3) A description of the subjects and issues involved or the 
substance and terms of the proposed rule;
    (4) A statement of the time within which written comments must be 
submitted; and
    (5) A statement of how and to what extent interested persons may 
participate in the proceedings.


Sec.  800.35  Participation of interested persons.

    (a) Any interested person may participate in rulemaking proceeding 
by submitting comments in writing containing information, views or 
arguments.
    (b) In its discretion, the agency may invite any interested person 
to participate in the rulemaking procedures described in this subpart.


Sec.  800.36  Petitions for extension of time to comment.

    A petition for extension of the time to submit comments must be 
received not later than 10 days before the end of the comment period 
stated in the notice. The petition must be submitted to: General 
Counsel, National Transportation Safety Board, 490 L'Enfant Plaza SW., 
Washington, DC 20594-2003. The filing of the petition does not 
automatically extend the time for petitioner's comments. Such a 
petition is granted only if the petitioner shows good cause for the 
extension, and if the extension is consistent with the public interest. 
If an extension is granted, it is granted to all persons, and the NTSB 
will publish a notice of the extension of the comment period in the 
Federal Register.


Sec.  800.37  Contents of written comments.

    All written comments shall be in English. Unless otherwise 
specified in a notice requesting comments, comments may not exceed 15 
pages in length, but necessary attachments may be appended

[[Page 57310]]

to the submission without regard to the 15-page limit. Any commenter 
shall submit as a part of his or her written comments all material he 
or she considers relevant to any statement of fact made in the comment. 
Commenters should avoid incorporation by reference. However, if 
incorporation by reference is necessary, the incorporated material 
shall be identified with respect to document and page. The NTSB may 
reject comments if they are frivolous, abusive, or repetitious. The 
NTSB may also reject comments filed electronically if the commenter 
does not adhere to the electronic filing instructions at the Federal 
Docket Management System Web site.


Sec.  800.38  Consideration of comments received.

    All timely comments are considered before final action is taken on 
a rulemaking proposal. Late filed comments may be considered to the 
extent practicable.


Sec.  800.39  Additional rulemaking proceedings.

    The NTSB may initiate any further rulemaking proceedings it finds 
necessary or desirable. For example, interested persons may be invited 
to make oral arguments, to participate in conferences between the Board 
or a representative of the Board and interested persons at which 
minutes of the conference are kept, to appear at informal hearings 
presided over by officials designated by the Board, at which a 
transcript or minutes are kept, or participate in any other proceeding 
to assure informed administrative action and to protect the public 
interest.


Sec.  800.40  Hearings.

    (a) Sections 556 and 557 of title 5, United States Code, do not 
apply to hearings held under this part. Unless otherwise specified, 
hearings held under this part are informal, fact-finding proceedings, 
at which there are no formal pleadings or adverse parties. Any rule 
issued in a case in which an informal hearing is held is not 
necessarily based exclusively on the record of the hearing.
    (b) The NTSB designates a representative to conduct any hearing 
held under this part. The General Counsel or a designated member of his 
or her staff may serve as legal officer at the hearing.


Sec.  800.41  Adoption of final rules.

    Final rules are prepared by representatives of the office concerned 
and the Office of the General Counsel. The rule is then submitted to 
the Board for its consideration. If the Board adopts the rule, it is 
published in the Federal Register unless all persons subject to it are 
named and are personally served with a copy of it.


Sec.  800.42  Petitions for rulemaking.

    (a) Any interested person may petition the Chairman to establish, 
amend, or repeal a rule.
    (b) Each petition filed under this section must:
    (1) Be submitted in duplicate to the Chairman, National 
Transportation Safety Board, 490 L'Enfant Plaza SW., Washington, DC 
20594-0003;
    (2) Set forth the text or substance of the rule or amendment 
proposed, or specify the rule the petitioner seeks to have repealed, as 
the case may be;
    (3) Explain the interest of the petitioner in the action requested; 
and
    (4) Contain any information and arguments available to the 
petitioner to support the action sought.


Sec.  800.43  Processing of petition.

    (a) Unless the NTSB otherwise specifies, no public hearing, 
argument, or other proceeding is held directly on a petition before its 
disposition under this section.
    (b) Grants. If the agency determines the petition contains adequate 
justification, it initiates rule making action this subpart.
    (c) Denials. If the agency determines the petition does not justify 
rulemaking, it denies the petition.
    (d) Notification. Whenever the agency determines a petition should 
be granted or denied, the Office of the General Counsel prepares a 
notice of the grant or denial for issuance to the petitioner, and the 
agency issues it to the petitioner.


Sec.  800.44  Direct final rulemaking procedures.

    A direct final rule makes regulatory changes and states those 
changes will take effect on a specified date unless the NTSB receives 
an adverse comment or notice of intent to file an adverse comment by 
the date specified in the direct final rule published in the Federal 
Register.
    (a) Types of actions appropriate for direct final rulemaking. Rules 
the Board determines to be non-controversial and unlikely to result in 
adverse public comments may be published in the final rule section of 
the Federal Register as direct final rules. These include non-
controversial rules that:
    (1) Make non-substantive clarifications or corrections to existing 
rules;
    (2) Incorporate by reference the latest or otherwise updated 
versions of technical or industry standards;
    (3) Affect internal NTSB procedures;
    (4) Update existing forms; and
    (5) Make minor changes to rules regarding statistics and reporting 
requirements, such as a change in reporting period (for example, from 
quarterly to annually) or eliminating a type of data collection no 
longer necessary.
    (b) Adverse comment. An adverse comment is a comment the NTSB 
judges to be critical of the rule, to suggest the rule should not be 
adopted, or to suggest a change should be made to the rule. Under the 
direct final rule process, the NTSB does not consider the following 
types of comments to be adverse:
    (1) Comments recommending another rule change, unless the commenter 
states the direct final rule will be ineffective without the change;
    (2) Comments outside the scope of the rule and comments suggesting 
the rule's policy or requirements should or should not be extended to 
other topics outside the scope of the rule;
    (3) Comments in support of the rule; or
    (4) Comments requesting clarification.
    (c) Confirmation of effective date. The NTSB will publish a 
confirmation rule document in the Federal Register if it has not 
received an adverse comment or notice of intent to file an adverse 
comment by the date specified in the direct final rule. The 
confirmation rule document informs the public of the effective date of 
the rule.
    (d) Withdrawal of a direct final rule. (1) If the NTSB receives an 
adverse comment or a notice of intent to file an adverse comment within 
the comment period, it will publish a rule document in the Federal 
Register, before the effective date of the direct final rule, advising 
the public and withdrawing the direct final rule.
    (2) If the NTSB withdraws a direct final rule because of an adverse 
comment, the NTSB may issue a notice of proposed rulemaking if it 
decides to pursue the rulemaking.


Sec.  800.45  Interim rulemaking procedures.

    (a) An interim rule may be issued when it is in the public interest 
to promulgate an effective rule while keeping the rulemaking open for 
further refinement. For example, an interim rule may be issued in 
instances when normal procedures for notice and comment prior to 
issuing an effective rule are not required, minor changes to the final 
rule may be necessary after the interim rule has been in place for some 
time, or the interim rule only implements portions of a proposed rule, 
while other portions of the proposed rule are still under development.

[[Page 57311]]

    (b) An interim rule will be published in the Federal Register with 
an effective date on or after the date of publication. After the 
effective date, an interim rule is enforceable and is codified in the 
next annual revision of the Code of Federal Regulations.

Christopher A. Hart,
Chairman.
[FR Doc. 2015-23608 Filed 9-22-15; 8:45 am]
 BILLING CODE 7533-01-P