Proposed Rule2023-14209
Official Seal Description
Primary source
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Published
July 6, 2023
Issuing agencies
National Transportation Safety Board
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 128 (Thursday, July 6, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<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#5e2c2b323b333f353730391e302a2d3c70393128"><span class="__cf_email__" data-cfemail="5220273e373f33393b3c35123c2621307c353d24">[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 NPRM must include
Docket No. NTSB-2023-0006. All comments received will be posted without
change, including any personal information provided to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Docket: For access to the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and search Docket No. NTSB-2023-0006.
You may send comments, identified by Docket No. NTSB-2023-0006, 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#2654534a434b474d4f4841664852554408414950"><span class="__cf_email__" data-cfemail="0270776e676f63696b6c65426c7671602c656d74">[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 NPRM must include
Docket No. NTSB-2023-0006. 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-2023-0006.
FOR FURTHER INFORMATION CONTACT: Casey Blaine, Deputy General Counsel,
(202) 314-6080, <a href="/cdn-cgi/l/email-protection#2351564f464e42484a4d44634d5750410d444c55"><span class="__cf_email__" data-cfemail="0775726b626a666c6e6960476973746529606871">[email protected]</span></a>.
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
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1. The authority citation for part 803 continues to read as follows:
Authority: 49 U.S.C. 1111(j), 1113(f).
[[Page 43072]]
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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:
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a. In paragraph (a), removing ``Director, Office of Administration''
and adding in its place ``Chief Human Capital Officer''; and
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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
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