[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69043-69045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22193]


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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: Final rule.

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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 is updating the regulation and codifying 
current agency practice. These updates 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. Since publishing the notice of proposed 
rulemaking (NPRM), no comments have been received.

DATES: The rule is effective November 6, 2023.

FOR FURTHER INFORMATION CONTACT: William T. (Tom) McMurry, Jr., 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 titled ``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 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.
    On July 6, 2023, the agency issued an NPRM announcing its intent to 
amend its regulatory description of the NTSB's seal by updating the 
regulation and codifying current agency practice. 88 FR 43070 (July 6, 
2023). The NTSB received no comments to date and is issuing this final 
rule as a result.

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 is codifying what has evolved as standard agency 
practice. This change to update Sec.  803.1 focuses 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 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 final rule. 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, this final 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

[[Page 69044]]

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 updated 
versions of the seals appears below, respectively:
[GRAPHIC] [TIFF OMITTED] TR05OC23.063

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 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 final 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 final rule would not have a significant economic 
impact on a substantial number of small entities.
    The NTSB does not anticipate this final rule will have a 
substantial, direct effect on state or local governments or will 
preempt state law; as such, this final rule does not have implications 
for federalism under E.O. 13132, Federalism, 64 FR 43255 (Aug. 4, 
1999).
    This final 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 final rule under: E.O. 12630, 
Government Actions and Interference with Constitutionally Protected 
Property Rights; 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 final rule. 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 803

    Seals and insignia.

    Accordingly, for the reasons stated in the preamble, the NTSB 
amends 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).


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 in Figure 1.

[[Page 69045]]

Figure 1 to Sec.  803.1
[GRAPHIC] [TIFF OMITTED] TR05OC23.064

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.

William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2023-22193 Filed 10-4-23; 8:45 am]
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