[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Proposed Rules]
[Pages 43070-43072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14209]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 803

[Docket No.: NTSB-2023-0006]
RIN 3147-AA27


Official Seal Description

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The National Transportation Safety Board (NTSB) is amending 
its regulatory description of the agency's seal. Since the seal's 
inception, the agency has utilized various versions of the seal. For 
consistency, the agency proposes updating the regulation and codifying 
current agency practice. This proposed change will provide a revised 
graphical representation of the seal. Additionally, the NTSB is 
including non-substantive technical amendments throughout part 803 due 
to recent internal organizational changes and a typographical error 
reflected in the agency's mailing address.

DATES: Send comments on or before September 5, 2023.

ADDRESSES: You may send comments, identified by Docket Number (No.) 
NTSB-2023-0006, 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 NPRM must include 
Docket No. NTSB-2023-0006. All comments received will be posted without 
change, including any personal information provided to https://www.regulations.gov.
    Docket: For access to the docket, go to https://www.regulations.gov 
and search Docket No. NTSB-2023-0006.
    You may send comments, identified by Docket No. NTSB-2023-0006, 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 NPRM must include 
Docket No. NTSB-2023-0006. 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-2023-0006.

FOR FURTHER INFORMATION CONTACT: Casey Blaine, Deputy General Counsel, 
(202) 314-6080, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In 1975, the NTSB adopted an official seal as authorized by the 
Independent Safety Board Act of 1974 (Act), and codified the seal in 
part 803 of its regulations entitled ``Official Seal.'' 40 FR 30232 
(July 17, 1975). The adoption at that time marked the NTSB's status as 
an independent Federal agency. 43 FR 36454 (Aug. 17, 1978). The 
original seal design was that of a triskelion, which was later replaced 
by the American bald eagle as set forth in the NTSB's final rule. 43 FR 
36454. The NTSB explained that the eagle was ``adopted in the interest 
of ready recognition of the Board's status as an independent agency of 
the Federal Government charged with the investigation of transportation 
accidents.'' Id. The agency continued, ``it is imperative that Board 
officials be readily recognized as agents of the U.S. Government . . . 
.'' Id.
    Over thirty years later, the NTSB published its Plan for 
Retrospective Analysis of Existing Rules per two Executive orders that 
altogether advised agencies to conduct such an analysis. 77 FR 37865, 
37866 (June 25, 2012). After reviewing public comments, the NTSB 
subsequently announced its plan to update the agency's regulations, 
which included part 803. 78 FR 1193 (Jan. 8, 2013). However, in the 
final rule, the NTSB ultimately amended certain sections of part 803, 
but did not revise the description of the seal found in

[[Page 43071]]

Sec.  803.1. See 81 FR 75729 (Nov. 1, 2016). Thus, the NTSB's current 
seal has been in effect for more than 40 years.

II. Changes to Sec.  803.1

    Since the last revision of Sec.  803.1 in August 1978, the NTSB has 
utilized various versions of the seal within the agency. For 
consistency, the NTSB proposes codifying what has evolved as standard 
agency practice. This proposed change to update Sec.  803.1 will focus 
on additional options for background colors and will provide a revised 
graphical representation of the seal.
    While respecting the current NTSB seal, the agency is slightly 
modifying the design to make the seal digitally applicable. For 
example, the digital version of the current seal alters in appearance 
when applied to the NTSB uniform; specifically, the current font 
changes when the seal is affixed to clothing. Thus, the proposed update 
to the design optimizes the seal, making it compatible with digital 
platforms.
    Over the years, various versions of the seal have been recognized 
within the agency, but have never been codified; that recognition is 
now reflected in this proposed rulemaking. The agency clarifies that 
when the full color seal is used in print or digital media, the seal 
must be in a white circle. When the full color seal is embroidered on 
the official NTSB uniform, the seal's background color must be that of 
the material of the uniform.
    Also, the proposed rule updates the regulatory description to 
reflect modern times. The NTSB will now use gender-neutral language to 
refer to the eagle. Further, the agency will replace the Latin terms 
``dexter'' and ``sinister'' with ``right'' and ``left'', respectively.
    Additionally, the minor alteration of the NTSB's eagle will be more 
consistent with the Federal Government's official American eagle. The 
inscriptions encircling the NTSB's eagle--``E Pluribus Unum'' and 
``National Transportation Safety Board''--will be updated from Serif 
font to Sans Serif font.
    A side-by-side comparison of the NTSB's current and proposed 
versions of the seals appears below, respectively:
[GRAPHIC] [TIFF OMITTED] TP06JY23.013

III. Technical Amendments

    In 2022, the NTSB made organizational changes to its Office of the 
Administration, which the agency renamed as the Office of Human Capital 
Management and Training (HCT). The head of HCT is the Chief Human 
Capital Officer, who now has custody and control of the seal. 
Accordingly, due to this reorganization, the NTSB is including non-
substantive technical amendments throughout part 803 to reflect the 
change in the agency's office designation. Thus, the agency is revising 
all references to the ``Director, Office of Administration'' with 
``Chief Human Capital Officer'' in Sec. Sec.  803.3 and 803.5.
    Additionally, the agency is correcting a typographical error 
reflected in the zip code of the NTSB's mailing address.

IV. Regulatory Analysis

    Because the NTSB is an independent agency, this proposed 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 proposed 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 proposed rule would not have a significant economic 
impact on a substantial number of small entities.
    The NTSB does not anticipate this proposed rule will have a 
substantial, direct effect on state or local governments or will 
preempt state law; as such, this proposed rule does not have 
implications for federalism under E.O. 13132, Federalism, 64 FR 43255 
(Aug. 4, 1999).
    This proposed 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 proposed rule under: E.O. 
12898, Federal Actions to Address Environmental Justice 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 
proposed rule. The NTSB has concluded that this proposed rule neither 
violates nor requires further consideration under those orders, 
statutes, E.O.s, and acts.

List of Subjects in 49 CFR Part 803

    Seals and insignia.

    Accordingly, for the reasons stated in the preamble, the NTSB 
proposes to amend 49 CFR part 803 as follows:

PART 803--OFFICIAL SEAL

0
1. The authority citation for part 803 continues to read as follows:

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


[[Page 43072]]


0
2. Revise Sec.  803.1 to read as follows:


Sec.  803.1  Description.

    The official seal of the National Transportation Safety Board 
(NTSB) is described as follows: An American bald eagle with wings 
displayed, holding an olive branch in its right talon and a bundle of 
13 arrows in its left talon. Above the eagle's head is a white scroll 
inscribed ``E Pluribus Unum'' in black. The eagle bears a shield that 
resembles the United States flag with vertical stripes of alternating 
white and red and a blue top; all are within an encircling inscription, 
``National Transportation Safety Board''. The eagle's wings, body, and 
upper portion of the legs are shades of brown. The head, neck, and tail 
are white. The beak, lower portion of the legs, feet, arrows, olive 
branch, and encircling inscription are gold. When the full color seal 
is illustrated on print or digital media, the background of the seal 
must be white. When the full color seal is embroidered on official NTSB 
uniform items, the seal's background must be the color of the material. 
When the monochrome seal is used on print or digital media, the seal 
can be displayed in black, blue, or in white on contrasting background. 
When used on official NTSB uniform items, the monochrome seal can be 
illustrated in yellow-gold on navy blue material. The monochrome 
version of the NTSB's official seal appears below.
[GRAPHIC] [TIFF OMITTED] TP06JY23.014

Sec.  803.3  [Amended]

0
3. Amend Sec.  803.3 by:
0
a. In paragraph (a), removing ``Director, Office of Administration'' 
and adding in its place ``Chief Human Capital Officer''; and
0
b. In paragraph (b), removing ``Director, Office of Administration'' 
and adding in its place ``Chief Human Capital Officer''.


Sec.  803.5  [Amended]

0
4. Amend Sec.  803.5, in paragraph (c), by removing ``Director, Office 
of Administration'' and ``20594-003'' and adding in their place ``Chief 
Human Capital Officer'' and ``20594'', respectively.

Jennifer Homendy,
Chair.
[FR Doc. 2023-14209 Filed 7-5-23; 8:45 am]
BILLING CODE 7533-01-P