[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75729-75731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26232]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Parts 800, 803, and 804

[Docket No.: NTSB-GC-2017-001]
RIN 3147-AA03, 3147-AA08, 3147-AA09


Administrative Rules; Official Seal; Rules Implementing the 
Government in the Sunshine Act

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Final rule.

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SUMMARY: The NTSB makes technical updates and corrects citations in its 
administrative regulations governing agency organization and functions, 
delegations of authority to staff members, and procedures for adopting 
rules, regulations governing the agency's official seal, and 
regulations implementing the Government in the Sunshine Act. These 
revisions make no substantive changes.

DATES: This rule is effective November 1, 2016.

ADDRESSES: A copy of this 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 is available on the government-wide Web 
site on regulations at http://www.regulations.gov (Docket ID Number 
NTSB-GC-2017-001).

FOR FURTHER INFORMATION CONTACT: Matthew D. McKenzie, Attorney-Advisor, 
(202) 314-6080, [email protected].

SUPPLEMENTARY INFORMATION:

I. Legal Basis for the Final Rule

    The Administrative Procedure Act (APA), 5 U.S.C. 553, provides 
exceptions to its notice and public comment rulemaking procedures where 
(1) the rules are rules of agency organization, procedure, or practice; 
or (2) the agency finds there is good cause to forego notice and 
comment, and incorporates the finding and a brief statement of reasons 
therefore in the rule issued. Generally, good cause exists where the 
agency determines that notice and public comment procedures are 
impractical, unnecessary, or contrary to the public interest. 5 U.S.C. 
553(b).
    Parts 800, 803, and 804 govern internal agency organization, 
procedure, or practice. Part 800, subparts A and B, describes the 
organization of the agency. Part 800, subpart C, prescribes procedures 
for the agency's rulemakings. Part 803 describes the agency's seal and 
limits its use. Part 804 prescribes procedures for the agency's open 
meetings.
    The amendments made in this final rule merely correct inadvertent 
errors and omissions, remove obsolete references, and make minor 
editorial changes to improve clarity and consistency. The technical 
amendments do not impose any new requirements, nor do they make any 
substantive changes to the Code of Federal Regulations. For these 
reasons, the NTSB finds good cause that notice and public comment on 
this final rule are unnecessary. For these same reasons, this rule will 
be effective on the date of publication in the Federal Register.

II. Background

    On June 25, 2012, the NTSB announced its plan to review its 
regulations, 49 CFR parts 800 through 850, to comply with Executive 
Order (E.O.) 13563, Improving Regulation and Regulatory Review, 76 FR 
3821 (Jan. 21, 2011); E.O. 13579, Regulation and Independent Regulatory 
Agencies, 76 FR 41587 (July 11, 2011); and E.O. 13610, Identifying and 
Reducing Regulatory Burdens, 77 FR 28469 (May 14, 2012). NTSB Plan for 
Retrospective Analysis of Existing Rules, 77 FR 37865. Though the 
Executive Orders require retrospective review of only ``significant 
regulations,'' NTSB stated it would review all of its regulations to 
implement the principles in the Orders. Id. at 37867.
    On January 8, 2013, after reviewing its regulations, the NTSB 
announced its plan to update its regulations, including revising 
internal agency procedures for which no public comment was required. 
Retrospective Analysis of Existing Rules; Notification, 78 FR 1193, 
1194.

[[Page 75730]]

    Pursuant to that plan, in this Final Rule, the NTSB makes editorial 
improvements and corrects obsolete information and citations in parts 
800 (Administrative Rules), 803 (Official Seal), and 804 (Rules 
Implementing the Government in the Sunshine Act).

III. Regulatory Analysis

    This rule does not require an assessment of its potential costs and 
benefits under section 6(a)(3) of E.O. 12866, Regulatory Planning and 
Review, 58 FR 51735 (Sept. 30, 1993), because it is not a ``significant 
regulatory action'' under section 3(f) of that Order. Thus, the Office 
of Management and Budget has not reviewed this rule under E.O. 12866. 
Likewise, this rule does not require an analysis under the Unfunded 
Mandates Reform Act, 2 U.S.C. 1501-71, or the National Environmental 
Policy Act, 42 U.S.C. 4321-47.
    In addition, under the Regulatory Flexibility Act, 5 U.S.C. 601-12, 
the NTSB has considered whether this rule would have a significant 
economic impact on a substantial number of small entities. The NTSB 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities. 
Moreover, in accordance with 5 U.S.C. 605(b), the NTSB will submit this 
certification to the Chief Counsel for Advocacy at the Small Business 
Administration.
    Moreover, the NTSB does not anticipate this rule will have a 
substantial, direct effect on state or local governments or will 
preempt state law; as such, this rule does not have implications for 
federalism under E.O. 13132, Federalism, 64 FR 43255 (Aug. 4, 1999).
    This rule also complies with all applicable standards in sections 
3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, 61 FR 4729 (Feb. 
5, 1996), to minimize litigation, eliminate ambiguity, and reduce 
burden.
    NTSB has evaluated this rule under: E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights, 53 FR 8859 (Mar. 15, 1988); E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks, 62 FR 19885 (Apr. 21, 
1997); E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, 65 FR 67249 (Nov. 6, 2000); E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use, 66 FR 28355 (May 18, 2001); and the National Technology Transfer 
and Advancement Act, 15 U.S.C. 272 note. The NTSB has concluded that 
this Final Rule neither violates, nor requires further consideration 
under, those Orders and statutes.

List of Subjects

49 CFR Part 800

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

49 CFR Part 803

    Seals and insignia.

49 CFR Part 804

    Sunshine Act.

    For the reasons stated in the preamble, the National Transportation 
Safety Board amends 49 CFR parts 800, 803, and 804 as set forth below:

PART 800--ADMINISTRATIVE RULES

0
1. The authority citation for part 800 is revised to read as follows:

    Authority: 49 U.S.C. 1101 et seq.; 49 U.S.C.40101 et seq.

Subpart A--Organization and functions


Sec.  800.1  [Amended]

0
1. Amend Sec.  800.1 by removing ``part'' and adding in its place 
``subpart''.


Sec.  800.2   [Amended]

0
2. Amend Sec.  800.2 as follows:
0
a. In the introductory text, remove ``the Federal Aviation Act of 1958, 
as amended (49 U.S.C. 40101 et seq.), and the Independent Safety Board 
Act of 1974, as amended (49 U.S.C. 1101 et seq.)'' and add in its place 
``49 U.S.C. chapter 11''.
0
b. In paragraph (d), remove ``the Federal Aviation Act of 1958, as 
amended'' and add in its place ``49 U.S.C. 1133''.

0
3. Revise Sec.  800.3 to read as follows:


Sec.  800.3   Functions.

    (a) The primary function of the Board is to promote safety in 
transportation. The Board is responsible for the investigation, 
determination of facts, conditions, and circumstances and the cause or 
probable cause or causes of:
    (1) All accidents involving civil aircraft, and certain public 
aircraft;
    (2) Highway accidents, including railroad grade-crossing accidents, 
the investigation of which is selected in cooperation with the States;
    (3) Railroad accidents in which there is a fatality, substantial 
property damage, or which involve a passenger train;
    (4) Pipeline accidents in which there is a fatality, significant 
injury to the environment, or substantial property damage; and
    (5) Major marine casualties and marine accidents involving a public 
and a non-public vessel or involving Coast Guard functions.
    (b) The Board makes transportation safety recommendations to 
federal, state, and local agencies and private organizations to reduce 
the likelihood of transportation accidents. It initiates and conducts 
safety studies and special investigations on matters pertaining to 
safety in transportation, assesses techniques and methods of accident 
investigation, evaluates the effectiveness of transportation safety 
consciousness and efficacy of other Government agencies, and evaluates 
the adequacy of safeguards and procedures concerning the transportation 
of hazardous materials.
    (c) Upon application of affected parties, the Board reviews in 
quasijudicial proceedings, conducted pursuant to the Administrative 
Procedure Act, 5 U.S.C. 551 et seq., denials by the Administrator of 
the Federal Aviation Administration of applications for airman 
certificates and orders of the Administrator modifying, amending, 
suspending, or revoking certificates or imposing civil penalties. The 
Board also reviews on appeal the decisions of the head of the agency in 
which the U.S. Coast Guard is operating, on appeals from orders of 
administrative law judges suspending, revoking, or denying seamen 
licenses, certificates, or documents.
    (d) The Board, as provided in part 801 of this chapter, issues 
reports and orders pursuant to its duties to determine the cause or 
probable cause or causes of transportation accidents and to report the 
facts, conditions and circumstances relating to such accidents; issues 
opinions and/or orders in accordance with 49 U.S.C. 1133 after 
reviewing on appeal the imposition of a civil penalty or the 
suspension, amendment, modification, revocation, or denial of a 
certificate or license issued by the Secretary of the Department of 
Transportation (who acts through the Administrator of the Federal 
Aviation Administration) or by the Commandant of the United States 
Coast Guard; and issues and makes available to the public safety 
recommendations, safety studies, and reports of special investigations.


Sec.  800.4   [Amended]

0
4. Amend Sec.  800.4 as follows:
0
a. In paragraph (b), removing ``Government Printing Office'' and

[[Page 75731]]

adding in its place ``Government Publishing Office''.
0
b. In paragraph (e), adding ``, or the Commandant of the United States 
Coast Guard'' after ``Department of Transportation''.


Sec.  800.5   [Amended]

0
5. Amend Sec.  800.5 by adding ``-003'' after ``20594''.

Subpart B--Delegations of Authority to Staff Members


Sec.  800.21   [Amended]

0
6. Amend Sec.  800.21 by removing ``Subpart B'' and adding in its place 
``subpart''.


Sec.  800.22   [Amended]

0
7. Amend Sec.  800.22(a)(2) by removing ``sections 304(a)(2) and 307 of 
the Independent Safety Board Act of 1974 (49 U.S.C. 1131(d) and 
1135(c))'' adding in its place ``49 U.S.C. 1131(e), 1135(c)''.


Sec.  800.24   [Amended]

0
8. Amend Sec.  800.24(f) by removing ``the Independent Safety Board Act 
of 1974, as amended,'' adding in its place ``49 U.S.C. chapter 11, 
subchapter IV,''.


Sec.  800.25   [Amended]

0
9. Amend Sec.  800.25 as follows:
0
a. In paragraph (c), removing ``Sec.  845.41 of this Chapter'' adding 
in its place ``Sec.  845.32 of this chapter''.
0
b. In paragraph (d), removing ``Sec.  304(a) of the Independent Safety 
Board Act of 1974, as amended (49 U.S.C. 1131(a)) and the Appendix to 
this Part'' adding in its place ``49 U.S.C. 1131 and the appendix to 
this part''.


Sec.  800.26   [Amended]

0
10. Amend Sec.  800.26 by removing ``board'' and adding in its place 
``Board''.


Sec.  800.27  [Amended]

0
11. Amend Sec.  800.27 by removing ``of the Safety Board''.

Subpart C--Procedures for Adoption of Rules


Sec.  800.30  [Amended]

0
12. Amend Sec.  800.30 by removing ``1101-1155'' and adding in its 
place ``1113(f)''.


Sec.  800.31  [Amended]

0
13. Amend Sec.  800.31 by removing ``deemed relevant by the NTSB 
relating to rulemaking'' and adding in its place ``relevant to NTSB 
rulemaking''.


Sec.  800.33  [Amended]

0
14. Amend Sec.  800.33 by removing ``551'' and adding in its place 
``553''.


Sec.  800.35  [Amended]

0
15. Amend Sec.  800.35(a) by:
0
a. Removing ``in rulemaking'' and adding in its place ``in a 
rulemaking''; and
0
b. Removing ``comments in writing containing'' adding in its place 
``written comments,''.


Sec.  800.41  [Amended]

0
16. Amend Sec.  800.41 by removing ``unless all persons subject to it 
are named and are personally served with a copy of it''.

PART 803--OFFICIAL SEAL

0
17. The authority citation for part 803 is revised to read as follows:

    Authority: 49 U.S.C. 1111(j), 1113(f).


Sec.  803.3  [Amended]

0
18. Amend Sec.  803.3 by removing ``Bureau'' everywhere it appears and 
adding in its place ``Office''.


Sec.  803.5  [Amended]

0
19. Amend Sec.  803.5(c) by:
0
a. Removing ``Bureau'' and adding in its place ``Office'';
0
b. Removing ``800 Independence Avenue'' and adding in its place ``490 
L'Enfant Plaza''; and
0
c. Adding ``-003'' after ``20594''.

PART 804--RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT

0
20. The authority citation for part 804 is revised to read as follows:

    Authority: 5 U.S.C. 552b; 49 U.S.C. 1113(f).


Sec.  804.1  [Amended]

0
21. Amend Sec.  804.1(b) by removing ``the NTSB regulations (49 CFR 
part 801)'' and adding in its place ``this chapter''.

0
22. Revise Sec.  804.5(d) to read as follows:


Sec.  804.5  Ground on which meetings may be closed or information may 
be withheld.

* * * * *
    (d) Disclose trade secrets or privileged or confidential commercial 
or financial information obtained from a person;
* * * * *


Sec.  804.6  [Amended]

0
23. Amend Sec.  804.6(b) by:
0
a. Removing ``800 Independence Avenue'' and adding in its place ``490 
L''Enfant Plaza''; and
0
b. Adding ``-003'' after ``20594''.


Sec.  804.7   [Amended]

0
24. Amend Sec.  804.7(b)(2) by removing ``be'' and adding in its place 
``is''.


Sec.  804.10  [Amended]

0
25. Amend Sec.  804.10 by removing ``the NTSB shall maintain'' and 
adding in its place ``The NTSB shall maintain''.

David Tochen,
General Counsel.
[FR Doc. 2016-26232 Filed 10-31-16; 8:45 am]
 BILLING CODE 7533-01-P