[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57307-57311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23608]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 800
[Docket No. NTSB-GC-2012-0002]
RIN 3147-AA03
Organization and Functions of the Board and Delegations of
Authority
AGENCY: National Transportation Safety Board (NTSB or Board).
ACTION: Final rule.
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SUMMARY: By this Final Rule, the NTSB adds a new subpart to a part
which contains internal rules specific to the NTSB. In publishing a
Notice of Proposed Rulemaking (NPRM) in June 2015, the NTSB proposed a
new subpart to outline the NTSB's rulemaking procedures.
DATES: The revisions and additions published in this Final Rule will
become effective October 23, 2015.
ADDRESSES: A copy of the Final Rule, published in the Federal Register
(FR), is available for inspection and copying in the NTSB's public
reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-
2003. Alternatively, a copy of the NPRM is available on the government-
wide Web site on regulations at http://www.regulations.gov (Docket ID
Number NTSB-GC-2012-0002).
FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202)
314-6080.
SUPPLEMENTARY INFORMATION:
I. Notice of Proposed Rulemaking
The NTSB issued this NPRM in accordance with its June 25, 2012
document indicating the agency's intent to undertake a review of all
NTSB regulations to ensure they are updated. 77 FR 37865. The NTSB
initiated this review in accordance with Executive Order 13579,
``Regulation and Independent Regulatory Agencies'' (76 FR 41587, July
14, 2011). The purpose of Executive Order 13579 is to ensure all
agencies adhere to the key principles found in Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, January 21,
2011), which include promoting public participation in rulemaking,
improving integration and innovation, promoting flexibility and freedom
of choice, and ensuring scientific integrity during the rulemaking
process in order to create a regulatory system that protects public
health, welfare, safety, and the environment while promoting economic
growth, innovation, competitiveness, and job creation. The NTSB
explained in its June 25, 2012 document that it is committed to
ensuring its regulations remain updated and comply with these
principles. The NTSB published an additional document in the Federal
Register on January 8, 2013, describing the NTSB's plan for updating
all regulations. 78 FR 1193. Consistent with Executive Order 13563 and
in accordance with these two documents published in the Federal
Register, the NTSB seeks to ensure the public is aware of its
rulemaking procedures.
On June 18, 2015, the NTSB published an NPRM inviting public
comments concerning the NTSB's
[[Page 57308]]
addition of a new subpart within 49 CFR part 800, to outline procedures
for the adoption of rules, as well as the rulemaking process in
general. 80 FR 34874. As the NTSB stated in its NPRM, many of the new
sections we proposed are self-explanatory.
The NTSB divided its discussion of the proposed additions into five
segments, the first of which described general rulemaking provisions
(Sec. Sec. 800.30-800.34), which included proposed rules describing
the applicability of proposed new subpart C (Procedures for Adoption of
Rules), the NTSB's public reading room (Sec. 800.31), the act of
initiating the rulemaking process (Sec. 800.32), as well as notices of
proposed rulemaking and the contents thereof (Sec. Sec. 800.33 and
800.34).
The NTSB also categorized three proposed rules into a segment it
described as ``public participation'' (Sec. Sec. 800.35-800.38). These
proposed rules addressed participation of interested persons in the
NTSB rulemaking process, which include submitting comments; petitions
for extension of time to comment; the contents of written comments; and
the NTSB's process for considering the comments it receives in response
to a publication requesting comments.
The NTSB described proposed Sec. Sec. 800.39-800.41 within a
segment titled ``proceedings and documents.'' These proposed sections
described procedures for additional rulemaking proceedings, hearings,
and the agency's process for adopting final rules.
Finally, the NTSB organized its preamble description of the
remaining sections into segments titled ``petitions for rulemaking''
(Sec. Sec. 800.42-800.43), which described the procedure for
submitting a petition for rulemaking, as well as the agency's
processing of such petitions; and ``Direct and Interim Final Rules''
(Sec. Sec. 800.44-800.45), which proposed to implement procedures for
promulgating rules that are immediately effective in certain
circumstances.
As the NTSB stated in its NPRM, the agency reviewed other agencies'
rules describing rulemaking procedures, and utilized such rules as a
model for the proposed new subpart.
II. Comment Received and Response Thereto
The NTSB received one comment in response to the June 18, 2015
NPRM, from the Air Line Pilots Association, International (ALPA). The
comment contained two suggestions, which the NTSB has considered
carefully. First, ALPA recommends the NTSB utilize the direct final
rulemaking (DFR) procedure for all its rulemaking projects. Second,
ALPA suggests the NTSB alter its proposed language in Sec. 800.37
(``Contents of written comments''), in which we proposed, among other
requirements, that comments be limited to 15 pages in length. ALPA
recommends we amend the page limit to be 15 pages unless the NPRM
itself exceeds 15 pages, in which case we should increase the page
limit to equal the number of pages of the NPRM.
A. Section 800.33, ``Notice of Proposed Rulemaking.''
The NTSB appreciates ALPA's feedback concerning the option of
utilizing the DFR procedure for NTSB rulemakings. The comment was
succinct, in that it did not provide examples of situations in which
the organization believes the NTSB might use the DFR procedure in lieu
of publishing an NPRM and inviting comments from the public. The
comment states, ``While ALPA understands that the Administrative
Procedures Act does allow for this procedure, ALPA believes that it
would be in the NTSB, stakeholders, and public interest to issue such
rulemaking in accordance with the direct final rulemaking procedures.''
The NTSB assumes that ALPA desires the agency engage in more
expeditious rulemaking procedures, thereby saving time and agency
resources.
However, the NTSB declines to remove Sec. 800.33, because DFR
procedures are only available under the Administrative Procedure Act in
limited circumstances. In particular, agencies only use DFR procedures
when they do not anticipate a proposed rule or change will be
controversial or will generate public interest.
While the NTSB does not promulgate rules that are considered
``major'' under Executive Order 12866, ``Regulatory Planning and
Review,'' the agency nevertheless issues regulations about which
transportation entities and members of the public maintain an interest
and intend to offer comments. For example, in response to the NTSB's
recent NPRM proposing the reorganization of and several changes to its
rules on investigation procedures (49 CFR part 831), the agency
received over three dozen substantive comments from a variety of
stakeholders. See 79 FR 47064 (Aug. 12, 2014); www.regulations.gov
Docket NTSB-GC-2012-0002. These proposed changes did not meet the
criteria to be considered a ``major rule'' or a rule that would have a
significant economic impact on a substantial number of small entities;
nevertheless, the NPRM generated interest from a wide array of
interested persons, organizations, and agencies. The NTSB could not
consider promulgating such rulemaking changes in any manner other than
publishing an NPRM and carefully considering all comments the agency
received in response to it. Overall, while the NTSB appreciates ALPA's
idea concerning exclusive utilization of the DFR process, the agency
nevertheless finalizes its proposed new subpart, including Sec. 800.33
(``Notice of proposed rulemaking''), in this Final Rule.
B. Section 800.37, ``Contents of Written Comments.''
The NTSB also appreciates ALPA's suggestion concerning the increase
of the page limit applicable to comments from the public. While the
NTSB believes a limit of 15 pages is sufficient for almost all
rulemaking responses, the agency also acknowledges the public may find
the page limit to be insufficient. Nevertheless, the NTSB finalizes the
text of Sec. 800.37, because the text includes language indicating the
NTSB may choose to waive the page limit in certain circumstances. The
agency will seriously consider such a waiver when it proposes
regulatory changes in an NPRM that is particularly lengthy or complex.
III. Regulatory Analyses
In the NPRM, the NTSB included a regulatory analyses section
concerning various Executive Orders and statutory provisions. The NTSB
did not receive any comments concerning the results of these analyses.
The NTSB again notes the following concerning such Executive Orders and
statutory provisions.
This Final Rule is not a significant regulatory action under
Executive Order 12866. Therefore, Executive Order 12866 does not
require a Regulatory Assessment. As such, the Office of Management and
Budget (OMB) has not reviewed this proposed rule under Executive Order
12866. In addition, section 2(a) of Executive Order 13579 states:
Independent regulatory agencies ``should consider how best to
promote retrospective analysis of rules that may be outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.
76 FR at 41587. Consistent with Executive Order 13579, the NTSB's
amendments to 49 CFR part 800 reflect its judgment that this part
should be updated and streamlined.
This rule does not require an analysis under the Unfunded Mandates
Reform Act, 2 United States Code (U.S.C.) 1501-
[[Page 57309]]
1571, or the National Environmental Policy Act, 42 U.S.C. 4321-4347.
The NTSB has also analyzed these amendments in accordance with the
principles and criteria contained in Executive Order 13132,
``Federalism.'' Any rulemaking proposal resulting from this notice
would not propose any regulations that would: (1) Have a substantial
direct effect on the states, the relationship between the national
government and the states, or the distribution of power and
responsibilities among the various levels of government; (2) impose
substantial direct compliance costs on state and local governments; or
(3) preempt state law. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The NTSB is also aware that the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires each agency to review its rulemaking to
assess the potential impact on small entities, unless the agency
determines that a rule is not expected to have a significant economic
impact on a substantial number of small entities. The NTSB certifies
this final rule will not have a significant economic impact on a
substantial number of small entities.
Regarding other Executive Orders and statutory provisions, this
final rule also complies with all applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988, ``Civil Justice Reform,'' to
minimize litigation, eliminate ambiguity, and reduce burden. In
addition, the NTSB has evaluated this rule under: Executive Order
12630, ``Governmental Actions and Interference with Constitutionally
Protected Property Rights''; Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks''; Executive
Order 13175, ``Consultation and Coordination with Indian Tribal
Governments''; Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''; and
the National Technology Transfer and Advancement Act, 15 U.S.C. 272
note. The NTSB has concluded this rule does not contravene any of the
requirements set forth in these Executive Orders or statutes, nor does
this rule prompt further consideration with regard to such
requirements.
List of Subjects in 49 CFR Part 800
Administrative practice and procedure, Authority delegations
(Government agencies), Government employees, Organization and functions
(Government agencies).
For the reasons discussed in the preamble, the NTSB amends 49 CFR
part 800 as follows:
PART 800--ADMINISTRATIVE RULES
0
1. Revise the authority citation for 49 CFR part 800 to read as
follows:
Authority: 49 U.S.C. 1113(f), unless otherwise noted.
0
2. Revise the heading for part 800 to read as set forth above.
0
3. Add subpart C to 49 CFR part 800 to read as follows:
Subpart C--Procedures for Adoption of Rules
Sec.
800.30 Applicability.
800.31 Public reading room.
800.32 Initiation of rulemaking.
800.33 Notice of proposed rulemaking.
800.34 Contents of notices of proposed rulemaking.
800.35 Participation of interested persons.
800.36 Petitions for extension of time to comment.
800.37 Contents of written comments.
800.38 Consideration of comments received.
800.39 Additional rulemaking proceedings.
800.40 Hearings.
800.41 Adoption of final rules.
800.42 Petitions for rulemaking.
800.43 Processing of petition.
800.44 Direct final rulemaking procedures.
800.45 Interim rulemaking procedures.
Subpart C--Procedures for Adoption of Rules
Sec. 800.30 Applicability.
This subpart prescribes rulemaking procedures that apply to the
issuance, amendment, and revocation of rules pursuant to 49 U.S.C.
1101-1155.
Sec. 800.31 Public reading room.
Information and data deemed relevant by the NTSB relating to
rulemaking actions, including notices of proposed rulemaking; comments
received in response to notices; petitions for rulemaking and
reconsideration; denials of petitions for rulemaking; and final rules
are maintained in the NTSB's public reading room, located at 490
L'Enfant Plaza SW., Washington, DC 20594-2003.
Sec. 800.32 Initiation of rulemaking.
The NTSB may initiate rulemaking either on its own motion or on
petition by any interested person after a determination that grant of
the petition is advisable. The NTSB may also consider the
recommendations of other agencies of the United States.
Sec. 800.33 Notice of proposed rulemaking.
Unless the NTSB, for good cause, finds notice is impracticable,
unnecessary, or contrary to the public interest, and incorporates that
finding and a brief statement of the reasons for it in the rule, a
notice of proposed rulemaking is issued and interested persons are
invited to participate in the rulemaking proceedings under applicable
provisions of 5 U.S.C. 551.
Sec. 800.34 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the Federal
Register.
(b) Each notice includes:
(1) A statement of the time, place, and nature of the proposed
rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the
substance and terms of the proposed rule;
(4) A statement of the time within which written comments must be
submitted; and
(5) A statement of how and to what extent interested persons may
participate in the proceedings.
Sec. 800.35 Participation of interested persons.
(a) Any interested person may participate in rulemaking proceeding
by submitting comments in writing containing information, views or
arguments.
(b) In its discretion, the agency may invite any interested person
to participate in the rulemaking procedures described in this subpart.
Sec. 800.36 Petitions for extension of time to comment.
A petition for extension of the time to submit comments must be
received not later than 10 days before the end of the comment period
stated in the notice. The petition must be submitted to: General
Counsel, National Transportation Safety Board, 490 L'Enfant Plaza SW.,
Washington, DC 20594-2003. The filing of the petition does not
automatically extend the time for petitioner's comments. Such a
petition is granted only if the petitioner shows good cause for the
extension, and if the extension is consistent with the public interest.
If an extension is granted, it is granted to all persons, and the NTSB
will publish a notice of the extension of the comment period in the
Federal Register.
Sec. 800.37 Contents of written comments.
All written comments shall be in English. Unless otherwise
specified in a notice requesting comments, comments may not exceed 15
pages in length, but necessary attachments may be appended
[[Page 57310]]
to the submission without regard to the 15-page limit. Any commenter
shall submit as a part of his or her written comments all material he
or she considers relevant to any statement of fact made in the comment.
Commenters should avoid incorporation by reference. However, if
incorporation by reference is necessary, the incorporated material
shall be identified with respect to document and page. The NTSB may
reject comments if they are frivolous, abusive, or repetitious. The
NTSB may also reject comments filed electronically if the commenter
does not adhere to the electronic filing instructions at the Federal
Docket Management System Web site.
Sec. 800.38 Consideration of comments received.
All timely comments are considered before final action is taken on
a rulemaking proposal. Late filed comments may be considered to the
extent practicable.
Sec. 800.39 Additional rulemaking proceedings.
The NTSB may initiate any further rulemaking proceedings it finds
necessary or desirable. For example, interested persons may be invited
to make oral arguments, to participate in conferences between the Board
or a representative of the Board and interested persons at which
minutes of the conference are kept, to appear at informal hearings
presided over by officials designated by the Board, at which a
transcript or minutes are kept, or participate in any other proceeding
to assure informed administrative action and to protect the public
interest.
Sec. 800.40 Hearings.
(a) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this part. Unless otherwise specified,
hearings held under this part are informal, fact-finding proceedings,
at which there are no formal pleadings or adverse parties. Any rule
issued in a case in which an informal hearing is held is not
necessarily based exclusively on the record of the hearing.
(b) The NTSB designates a representative to conduct any hearing
held under this part. The General Counsel or a designated member of his
or her staff may serve as legal officer at the hearing.
Sec. 800.41 Adoption of final rules.
Final rules are prepared by representatives of the office concerned
and the Office of the General Counsel. The rule is then submitted to
the Board for its consideration. If the Board adopts the rule, it is
published in the Federal Register unless all persons subject to it are
named and are personally served with a copy of it.
Sec. 800.42 Petitions for rulemaking.
(a) Any interested person may petition the Chairman to establish,
amend, or repeal a rule.
(b) Each petition filed under this section must:
(1) Be submitted in duplicate to the Chairman, National
Transportation Safety Board, 490 L'Enfant Plaza SW., Washington, DC
20594-0003;
(2) Set forth the text or substance of the rule or amendment
proposed, or specify the rule the petitioner seeks to have repealed, as
the case may be;
(3) Explain the interest of the petitioner in the action requested;
and
(4) Contain any information and arguments available to the
petitioner to support the action sought.
Sec. 800.43 Processing of petition.
(a) Unless the NTSB otherwise specifies, no public hearing,
argument, or other proceeding is held directly on a petition before its
disposition under this section.
(b) Grants. If the agency determines the petition contains adequate
justification, it initiates rule making action this subpart.
(c) Denials. If the agency determines the petition does not justify
rulemaking, it denies the petition.
(d) Notification. Whenever the agency determines a petition should
be granted or denied, the Office of the General Counsel prepares a
notice of the grant or denial for issuance to the petitioner, and the
agency issues it to the petitioner.
Sec. 800.44 Direct final rulemaking procedures.
A direct final rule makes regulatory changes and states those
changes will take effect on a specified date unless the NTSB receives
an adverse comment or notice of intent to file an adverse comment by
the date specified in the direct final rule published in the Federal
Register.
(a) Types of actions appropriate for direct final rulemaking. Rules
the Board determines to be non-controversial and unlikely to result in
adverse public comments may be published in the final rule section of
the Federal Register as direct final rules. These include non-
controversial rules that:
(1) Make non-substantive clarifications or corrections to existing
rules;
(2) Incorporate by reference the latest or otherwise updated
versions of technical or industry standards;
(3) Affect internal NTSB procedures;
(4) Update existing forms; and
(5) Make minor changes to rules regarding statistics and reporting
requirements, such as a change in reporting period (for example, from
quarterly to annually) or eliminating a type of data collection no
longer necessary.
(b) Adverse comment. An adverse comment is a comment the NTSB
judges to be critical of the rule, to suggest the rule should not be
adopted, or to suggest a change should be made to the rule. Under the
direct final rule process, the NTSB does not consider the following
types of comments to be adverse:
(1) Comments recommending another rule change, unless the commenter
states the direct final rule will be ineffective without the change;
(2) Comments outside the scope of the rule and comments suggesting
the rule's policy or requirements should or should not be extended to
other topics outside the scope of the rule;
(3) Comments in support of the rule; or
(4) Comments requesting clarification.
(c) Confirmation of effective date. The NTSB will publish a
confirmation rule document in the Federal Register if it has not
received an adverse comment or notice of intent to file an adverse
comment by the date specified in the direct final rule. The
confirmation rule document informs the public of the effective date of
the rule.
(d) Withdrawal of a direct final rule. (1) If the NTSB receives an
adverse comment or a notice of intent to file an adverse comment within
the comment period, it will publish a rule document in the Federal
Register, before the effective date of the direct final rule, advising
the public and withdrawing the direct final rule.
(2) If the NTSB withdraws a direct final rule because of an adverse
comment, the NTSB may issue a notice of proposed rulemaking if it
decides to pursue the rulemaking.
Sec. 800.45 Interim rulemaking procedures.
(a) An interim rule may be issued when it is in the public interest
to promulgate an effective rule while keeping the rulemaking open for
further refinement. For example, an interim rule may be issued in
instances when normal procedures for notice and comment prior to
issuing an effective rule are not required, minor changes to the final
rule may be necessary after the interim rule has been in place for some
time, or the interim rule only implements portions of a proposed rule,
while other portions of the proposed rule are still under development.
[[Page 57311]]
(b) An interim rule will be published in the Federal Register with
an effective date on or after the date of publication. After the
effective date, an interim rule is enforceable and is codified in the
next annual revision of the Code of Federal Regulations.
Christopher A. Hart,
Chairman.
[FR Doc. 2015-23608 Filed 9-22-15; 8:45 am]
BILLING CODE 7533-01-P