[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36255-36257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11802]


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CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

40 CFR Part 1600

RIN 3301-AA01


Organization and Functions of the Chemical Safety and Hazard 
Investigation Board

AGENCY: United States Chemical Safety and Hazard Investigation Board.

ACTION: Final rule.

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SUMMARY: The revisions to the rule amend the organization, operation, 
quorum and voting, and office location regulations of the United States 
Chemical Safety and Hazard Investigation Board (CSB). The amendments 
address changes to agency practices in organizational structure, quorum 
and voting requirements, and office location. The amendments 
incorporate CSB Board Orders. Board Orders allow the CSB to keep 
current with changes in organizational operations, like when there is a 
singular Board member.

DATES: Effective June 2, 2023.

FOR FURTHER INFORMATION CONTACT: Tamara Qureshi, Assistant General 
Counsel, at either 202.763.8240 or [email protected].

SUPPLEMENTARY INFORMATION: The Chemical Safety and Hazard Investigation 
Board's (CSB) revisions to 40 CFR part 1600 will align with the 
agency's current organizational structure, Board Orders, practices, and 
office location. The changes to Sec.  1600.2, Organization, mirror 
CSB's current management structure. The CSB's Board Orders memorialize 
a portion of the CSB's internal policies and procedures. The addition 
of paragraph (e) to Sec.  1600.4, Operation, incorporates the agency's 
current practice of using Board Orders and other internal policies and 
procedures in its operation. The additional language in Sec.  1600.5, 
Quorum and voting requirements, integrates the CSB's Board Orders into 
the regulations to help ensure that the regulations remain current. 
Furthermore, the regulation now addresses situations in which the CSB 
has a single Chairperson or Board member. Additionally, the regulation 
establishes the CSB's Board as the arbiter of internal disputes 
pertaining to calendaring of notation items. The regulation also 
removes the CSB's

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internal agenda requirement to discuss the agency's progress on its 
Action Plan at its quarterly meetings to match current agency practice. 
Finally, in Sec.  1600.6, Office location, the CSB updated its current 
office location.
    The Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(A), 
provides that when regulations involve matters of agency organization, 
procedure, or practice, the agency may publish regulations in final 
form without notice and comment. These revisions fall under this part 
of the APA.
    Statutory Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C. 
7412(r)(6)(N).

Regulatory Impact

    Administrative Procedure Act: In promulgating this rule, the CSB 
finds that notice and public comment are not necessary. Section 
553(b)(3)(A) of Title 5, United States Code, provides that when 
regulations involve matters of agency organization, procedure, or 
practice, the agency may publish regulations in final form. In 
addition, the CSB finds, in accordance with 5 U.S.C. 553(d), that a 
delayed effective date is unnecessary. Accordingly, these regulations 
are effective upon publication.
    Small Business Regulatory Enforcement Fairness Act: This regulation 
is not a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. Because this regulation involves 
internal agency procedures and quarterly business meetings, this 
regulation: a. Does not have an annual effect on the economy of $100 
million or more. b. Will not cause a major increase in costs or prices 
for consumers, individual industries, Federal, State, local government 
agencies or geographic regions. c. Does not have a significant adverse 
effect on competition, employment, investment, productivity, innovation 
or the ability of U.S.-based enterprises to compete with foreign-based 
enterprises.
    Regulatory Flexibility Act: The Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) requires that a rule that has a significant 
economic impact on a substantial number of small entities, small 
businesses, or small organizations must include an initial regulatory 
flexibility analysis describing the regulation's impact on such small 
entities. This analysis need not be undertaken if the agency has 
certified that the regulation will not have a significant economic 
impact on a substantial number of small entities. 5 U.S.C. 605(b). The 
CSB has considered the impact of this rule under the Regulatory 
Flexibility Act, and certifies that a final rule will not have a 
significant economic impact on a substantial number of small entities.
    Congressional Review Act: The CSB reviewed the rule to determine it 
would be a major rule under 5 U.S.C. 801(a)(1)(A). This rule is not a 
major rule and not subject to reporting to Congress.
    Paperwork Reduction Act: The CSB reviewed this rule to determine 
whether it involves issues that would subject it to the Paperwork 
Reduction Act (PRA). The CSB has determined that that the rule does not 
require a ``collection of information'' under the PRA.
    Unfunded Mandates Reform Act of 1995: The rule does not require the 
preparation of an assessment statement in accordance with the Unfunded 
Mandates Reform Act of 1995, 2 U.S.C. 1531. This rule does not include 
a Federal mandate that may result in the annual expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
sector, of more than the annual threshold established by the Act ($128 
million in 2006, adjusted annually for inflation).

List of Subjects in 40 CFR Part 1600

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

    Dated: May 30, 2023.
Stephen Owens,
Chairperson.

    Accordingly, for the reasons set forth in the preamble, the 
Chemical Safety and Hazard Investigation Board amends 40 CFR part 1600 
as follows:

PART 1600--ORGANIZATION AND FUNCTIONS OF THE CHEMICAL SAFETY AND 
HAZARD INVESTIGATION BOARD

0
1. The authority citation for part 1600 continues to read as follows:

    Authority: 5 U.S.C. 301, 552(a)(1); 42 U.S.C. 7412(r)(6)(N).


0
2. Amend Sec.  1600.2 by revising paragraph (b) to read as follows.


Sec.  1600.2  Organization.

* * * * *
    (b) The CSB's staff is comprised of the following administrative 
units and such other units as established by the CSB Board:
    (1) The Office of Administration;
    (2) The Office of Investigations and Recommendations;
    (3) The Office of the General Counsel;
    (4) The Office of Financial Operations; and
    (5) The Office of Equal Employment Opportunity.
* * * * *

0
3. Amend Sec.  1600.4 by adding paragraph (e) to read as follows.


Sec.  1600.4  Operation.

* * * * *
    (e) Board Orders and other policies and procedures adopted by the 
Board.

0
4. Amend Sec.  1600.5 by:
0
a. Revising paragraphs (a), (b), and (c)(1)(i) and (ii); and
0
b. Removing paragraph (c)(1)(iii).
    The revisions read as follows:


Sec.  1600.5  Quorum and voting requirements.

    (a) Quorum requirements. A quorum of the Board for the transaction 
of business shall consist of three Members; provided, however, that if 
the number of Board Members in office is fewer than three, a quorum 
shall consist of the number of Members in Office, subject to the 
limitations on the authority of a single-Member Board set forth in this 
section and in Board Orders adopted by the Board; and provided further 
that on any matter of business as to which the number of Members in 
office, minus the number of Members who have disqualified themselves 
from consideration of such matter is two, two Members shall constitute 
a quorum for purposes of such matter. Once a quorum is constituted, a 
simple majority of voting Members is required to approve an item of the 
Board's business. A tie vote results in no action. If the Board 
consists of only a single Member (whether the Chairperson or another 
Member), that single Member may not transact Board business or take any 
action that requires approval by the Board, except as provided in Board 
Orders adopted by the Board.
    (b) Voting. The Board votes on items of business in meetings 
conducted pursuant to the Government in the Sunshine Act. 
Alternatively, whenever a Member of the Board is of the opinion that 
joint deliberation among the members of the Board upon any matter at a 
meeting is unnecessary in light of the nature of the matter, 
impracticable, or would impede the orderly disposition of agency 
business, such matter may be disposed of by employing notation voting 
procedures. A written notation of the vote of each participating Board 
member shall be recorded by the General Counsel who shall retain it in 
the records of the Board. If a Board member votes to calendar a 
notation item in accordance with applicable Board Orders, the Board 
must consider the calendared notation item at a public meeting of the 
Board within 90 days of

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the date on which the item is calendared. This section does not permit 
a notation item to be calendared other than as provided in applicable 
Board Orders. A notation vote to schedule a public meeting or a special 
meeting may not be calendared. The Chairperson shall add any calendared 
notation item to the agenda for the next CSB public meeting if one is 
to occur within 90 days or schedule a special meeting to consider any 
calendared notation item no later than 90 days from the calendar 
action. Any disagreement about whether a notation item has been 
calendared effectively in accordance with applicable Board Orders shall 
be decided by the Board.
    (c) * * *
    (1) * * *
    (i) Consideration and vote on any notation items calendared since 
the date of the last public meeting; and
    (ii) A review by the Board of the schedule for completion of all 
open investigations, studies, and other important work of the Board.
* * * * *

0
5. Revise Sec.  1600.6 to read as follows.


Sec.  1600.6  Office location.

    The principal offices of the Chemical Safety and Hazard 
Investigation Board are located at 1750 Pennsylvania Avenue NW, Suite 
910, Washington, DC 20006.

[FR Doc. 2023-11802 Filed 6-1-23; 8:45 am]
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