Rule2023-11962
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
June 6, 2023
Effective
June 6, 2023
Issuing agencies
National Transportation Safety Board
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#d5a7a0b9b0b8b4bebcbbb295bba1a6b7fbb2baa3"><span class="__cf_email__" data-cfemail="5d2f283138303c3634333a1d33292e3f733a322b">[email protected]</span></a>.
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 Moreover, the agency removed an outdated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
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