[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36964-36965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11962]


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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: Final rule.

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SUMMARY: The NTSB previously issued an interim final rule (IFR), 
soliciting comments on its Internal Personnel Rules and Practices. The 
NTSB received one comment as a result and is issuing a final rule, 
adopting the IFR with disposition of comment.

DATES: This final rule is effective on June 6, 2023.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 4, 2021, the NTSB issued an IFR, soliciting public 
comments on its amendment of the agency's Internal Personnel Rules and 
Practices. The IFR reflected that the agency closed its ``public 
reference room'' and made qualifying records electronically available. 
86 FR 54641 (Oct. 4, 2021). Moreover, the agency removed an outdated 
paragraph describing a particular category of exempted records under 
the Freedom of Information Act (FOIA). The revisions to the NTSB FOIA 
regulation were issued as an IFR to ensure that updated regulations 
were in place as soon as practicable per Milner v. Department of the 
Navy, 131 S.Ct. 1259 (2011). The IFR comment period closed on December 
3, 2021.
    On December 30, 2021, the NTSB issued a correcting amendment to 
revise the wording of certain regulations in part 801 affected by the 
IFR's amendatory language. 86 FR 74377 (Dec. 30, 2021). By revising all 
references to ``public reading room'' to read ``electronic reading 
room'', that amendatory instruction resulted in the needless repetition 
of the word ``electronic reading room'' in 49 CFR 801.10(b)(2), 
801.10(c), 801.30, 801.31, 801.32(b), 801.41. The correcting amendment 
revised the aforementioned regulations to reflect the agency's original 
intent for part 801.

II. Comment and Response

    On November 28, 2021, the agency received one comment in response 
to the IFR. Thomas M. Kowalick, Chair, Standard for Motor Vehicle Event 
Data Recorder, Institute of Electrical and Electronic Engineers 
proffered the following amendatory language:

    Revise 49 CFR 801.52 by issuing an interim final rule to remove 
or update paragraph (b) in 49 CFR 801.52. Add or update a new 
paragraph establishing a National Transportation Safety Board (NTSB) 
Auto Safety Trust Fund to collect funds once yearly from automotive 
OEM's of the motor vehicle(s) in which fatalities occurred based on 
00.02 percentage of the value of a statistical life determined by 
the United States Department of Transportation. Funds shall be 
collected conforming to the revised 49 CFR 801.52 and CFR 49 [sic] 
Sec.  389.9 Treatment of Confidential Business Information Submitted 
Under Confidential Class Determinations from the original equipment 
manufacturer(s) of the motor vehicle(s) in which fatalities 
occurred.

    The NTSB's Response: The NTSB appreciates the suggested amendatory 
language, but the agency finds that this comment is not significant for 
rulemaking purposes. Specifically, the proposed language pertains to an 
Auto Safety Trust Fund, which is beyond the scope of this rulemaking as 
it neither relates to Internal Personnel Rules and Practices, nor 
recommends changes proposed by the NTSB. Therefore, the NTSB need not 
address this comment any further.

III. Regulatory Analysis

    Because the NTSB is an independent agency, this 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

[[Page 36965]]

Reduction Act, the NTSB has determined that there is no new requirement 
for information collection associated with this final rule. Pursuant to 
the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of 
Information and Regulatory Affairs designated this rule as not a 
``major rule,'' as defined by 5 U.S.C. 804(2). The NTSB has concluded 
that this 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.

PART 801--PUBLIC AVAILABILITY OF INFORMATION

0
Accordingly, the interim final rule revising 49 CFR part 801 that 
published at 86 FR 54641 on October 4, 2021, and the correcting 
amendment that published at 86 FR 74377 on December 30, 2021, are 
adopted as final without change.

Jennifer Homendy,
Chair.
[FR Doc. 2023-11962 Filed 6-5-23; 8:45 am]
BILLING CODE 7533-01-P