Rule2021-21517
Internal Personnel Rules and Practices of the NTSB
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 4, 2021
Effective
October 4, 2021
Issuing agencies
National Transportation Safety Board
Abstract
The National Transportation Safety Board (NTSB) is amending its Internal Personnel Rules and Practices to reflect that the agency is closing its "public reference room" and will now make qualifying records electronically available. Moreover, the agency will remove an outdated paragraph describing a particular category of exempted records under the Freedom of Information Act (FOIA): internal matters of a relatively trivial nature that have no significant public interest, and predominately internal matters that the release would risk circumvention of a statute or agency regulation. The revisions to the NTSB FOIA regulation are being issued as an interim final rule to ensure that an updated regulations is in place as soon as practicable to implement the Supreme Court decision.
Full Text
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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54641-54642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21517]
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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: Interim final rule; request for comments.
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SUMMARY: The National Transportation Safety Board (NTSB) is amending
its Internal Personnel Rules and Practices to reflect that the agency
is closing its ``public reference room'' and will now make qualifying
records electronically available. Moreover, the agency will remove an
outdated paragraph describing a particular category of exempted records
under the Freedom of Information Act (FOIA): internal matters of a
relatively trivial nature that have no significant public interest, and
predominately internal matters that the release would risk
circumvention of a statute or agency regulation. The revisions to the
NTSB FOIA regulation are being issued as an interim final rule to
ensure that an updated regulations is in place as soon as practicable
to implement the Supreme Court decision.
DATES: This rule is effective on October 4, 2021. The NTSB will accept
written comments on this interim final rule on or before December 3,
2021.
ADDRESSES: You may send comments, identified by Docket Number (No.)
NTSB-2021-0006, by any of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#4e3c3b222b232f252720290e203a3d2c60292138"><span class="__cf_email__" data-cfemail="bdcfc8d1d8d0dcd6d4d3dafdd3c9cedf93dad2cb">[email protected]</span></a>.
<bullet> Fax: 202-314-6090.
<bullet> 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 interim final
rule must include Docket No. NTSB-2021-0006. All comments received will
be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and search Docket No. NTSB-2021-0006.
FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel,
(202) 314-6080, <a href="/cdn-cgi/l/email-protection#0173746d646c606a686f66416f7572632f666e77"><span class="__cf_email__" data-cfemail="fe8c8b929b939f95979099be908a8d9cd0999188">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Previously, the agency offered its physical public reading room to
allow for in-person inspection of its Federal Register publications;
however, with the advent of modern technology, the need for such a room
is obsolete as documents are electronically available to the public
through <a href="http://regulations.gov">regulations.gov</a> and the agency's electronic reading room.
Currently, part 801 provides that the NTSB will maintain a ``public
reference room'' in accordance with FOIA and notes the various records
that will be made available in that room; however, with fewer visitors
and the frequent use of the public reference room as a meeting space,
the agency is closing its physical reading room and will make
qualifying records available electronically. Consequently, the agency
is issuing this interim final rule because technical amendments are
necessary to remove all references to the ``public reference room.''
Further, the agency will amend 49 CFR 801.52, which exempts
internal personnel rules and practices of the NTSB from public
disclosure under 5 U.S.C. 552(b)(2), FOIA's Exemption 2. Consistent
with that exemption, Sec. 801.52(b) pertains to records regarding
internal matters of a relatively trivial nature that have no
significant public interest, and predominately internal matters that
the release would risk circumvention of a statute or agency regulation.
However, the Supreme Court has since held that the exemption
``encompasses only records relating to issues of employee relations and
human resources.'' Milner v. Department of the Navy, 131 S.Ct. 1259
(2011). Accordingly, the NTSB is issuing an interim final rule to
remove paragraph (b) from 49 CFR 801.52.
II. Regulatory Analysis
Because the NTSB is an independent agency, this interim 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
Reduction Act, the NTSB has determined that there is no new requirement
for information collection associated with this interim final rule. The
NTSB has concluded that this interim 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.
Accordingly, for the reasons stated in the Preamble, the NTSB
amends 49 CFR part 801 as follows:
PART 801--PUBLIC AVAILABILITY OF INFORMATION
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1. The authority citation for part 801 continues to read as follows:
Authority: 49 U.S.C. 1113(f); 5 U.S.C. 552; 18 U.S.C. 641,
2071; 31 U.S.C. 3717, 9701; 44 U.S.C. Chapters 21, 29, 31, and 33.
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2. In part 801, revise all references to ``public reference room'' to
read ``electronic reading room''.
[[Page 54642]]
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3. Revise Sec. 801.52 to read as follows:
Sec. 801.52 Internal personnel rules and practices of the NTSB.
Pursuant to 5 U.S.C. 552(b)(2), the following records are exempt
from disclosure under FOIA: Records relating solely to internal
personnel rules and practices, including memoranda pertaining to
personnel matters such as staffing policies, and procedures for the
hiring, training, promotion, demotion, or discharge of employees, and
management plans, records, or proposals relating to labor-management
relations.
Jennifer Homendy,
Chair.
[FR Doc. 2021-21517 Filed 10-1-21; 8:45 am]
BILLING CODE 7533-01-P
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