[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54641-54642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21517]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 801

[Docket No.: NTSB-2021-0006]
RIN 3147-AA23


Internal Personnel Rules and Practices of the NTSB

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Interim final rule; request for comments.

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SUMMARY: The National Transportation Safety Board (NTSB) is amending 
its Internal Personnel Rules and Practices to reflect that the agency 
is closing its ``public reference room'' and will now make qualifying 
records electronically available. Moreover, the agency will remove an 
outdated paragraph describing a particular category of exempted records 
under the Freedom of Information Act (FOIA): internal matters of a 
relatively trivial nature that have no significant public interest, and 
predominately internal matters that the release would risk 
circumvention of a statute or agency regulation. The revisions to the 
NTSB FOIA regulation are being issued as an interim final rule to 
ensure that an updated regulations is in place as soon as practicable 
to implement the Supreme Court decision.

DATES: This rule is effective on October 4, 2021. The NTSB will accept 
written comments on this interim final rule on or before December 3, 
2021.

ADDRESSES: You may send comments, identified by Docket Number (No.) 
NTSB-2021-0006, by any of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
     Email: [email protected].
     Fax: 202-314-6090.
     Mail/Hand Delivery/Courier: NTSB, Office of General 
Counsel, 490 L'Enfant Plaza East SW, Washington, DC 20594.
    Instructions: All submissions in response to this interim final 
rule must include Docket No. NTSB-2021-0006. All comments received will 
be posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket, go to https://www.regulations.gov 
and search Docket No. NTSB-2021-0006.

FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel, 
(202) 314-6080, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Previously, the agency offered its physical public reading room to 
allow for in-person inspection of its Federal Register publications; 
however, with the advent of modern technology, the need for such a room 
is obsolete as documents are electronically available to the public 
through regulations.gov and the agency's electronic reading room.
    Currently, part 801 provides that the NTSB will maintain a ``public 
reference room'' in accordance with FOIA and notes the various records 
that will be made available in that room; however, with fewer visitors 
and the frequent use of the public reference room as a meeting space, 
the agency is closing its physical reading room and will make 
qualifying records available electronically. Consequently, the agency 
is issuing this interim final rule because technical amendments are 
necessary to remove all references to the ``public reference room.''
    Further, the agency will amend 49 CFR 801.52, which exempts 
internal personnel rules and practices of the NTSB from public 
disclosure under 5 U.S.C. 552(b)(2), FOIA's Exemption 2. Consistent 
with that exemption, Sec.  801.52(b) pertains to records regarding 
internal matters of a relatively trivial nature that have no 
significant public interest, and predominately internal matters that 
the release would risk circumvention of a statute or agency regulation. 
However, the Supreme Court has since held that the exemption 
``encompasses only records relating to issues of employee relations and 
human resources.'' Milner v. Department of the Navy, 131 S.Ct. 1259 
(2011). Accordingly, the NTSB is issuing an interim final rule to 
remove paragraph (b) from 49 CFR 801.52.

II. Regulatory Analysis

    Because the NTSB is an independent agency, this interim final rule 
does not require an assessment of its potential costs and benefits 
under section 6(a)(3) of Executive Order (E.O.) 12866, Regulatory 
Planning and Review, 58 FR 51735 (Sept. 30, 1993). In addition, the 
NTSB has considered whether this rule would have a significant economic 
impact on a substantial number of small entities, under the Regulatory 
Flexibility Act (5 U.S.C. 601-612). 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.
    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 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. 
The NTSB has evaluated this rule under: E.O. 12898, Federal Actions to 
Address Environmental Judice in Minority Populations and Low-Income 
Populations, 59 FR 7629 (Feb. 16, 1994); 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 
Environmental Policy Act, 42 U.S.C. 4321-47. Pursuant to the Paperwork 
Reduction Act, the NTSB has determined that there is no new requirement 
for information collection associated with this interim final rule. The 
NTSB has concluded that this interim final rule neither violates nor 
requires further consideration under those orders, statutes, E.O.s, and 
acts.

List of Subjects in 49 CFR Part 801

    Archives and records, Freedom of information.

    Accordingly, for the reasons stated in the Preamble, the NTSB 
amends 49 CFR part 801 as follows:

PART 801--PUBLIC AVAILABILITY OF INFORMATION

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1. The authority citation for part 801 continues to read as follows:

    Authority:  49 U.S.C. 1113(f); 5 U.S.C. 552; 18 U.S.C. 641, 
2071; 31 U.S.C. 3717, 9701; 44 U.S.C. Chapters 21, 29, 31, and 33.


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2. In part 801, revise all references to ``public reference room'' to 
read ``electronic reading room''.

[[Page 54642]]


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3. Revise Sec.  801.52 to read as follows:


Sec.  801.52   Internal personnel rules and practices of the NTSB.

    Pursuant to 5 U.S.C. 552(b)(2), the following records are exempt 
from disclosure under FOIA: Records relating solely to internal 
personnel rules and practices, including memoranda pertaining to 
personnel matters such as staffing policies, and procedures for the 
hiring, training, promotion, demotion, or discharge of employees, and 
management plans, records, or proposals relating to labor-management 
relations.

Jennifer Homendy,
Chair.
[FR Doc. 2021-21517 Filed 10-1-21; 8:45 am]
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