Rules of Practice in Air Safety Proceedings, 57602-57604 [2013-22633]
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57602
Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Proposed Rules
(13) Actions described in paragraphs
(c)(26), (c)(27), and (c)(28) that do not
meet the constraints in paragraph (e) of
this section.
(e) Actions described in (c)(26),
(c)(27), and (c)(28) may not be processed
as CEs under paragraph (c) of this
section if they involve:
(1) An acquisition of more than a
minor amount of right-of-way or that
would result in any commercial or
residential displacements;
(2) An action that needs a bridge
permit from the U.S. Coast Guard, or an
action that does not meet the terms and
conditions of a USACE nationwide or
general permit under section 404 of the
Clean Water Act and/or section 10 of the
Rivers and Harbors Act of 1899;
(3) A finding of ‘‘adverse effect’’ to
historic properties under the NHPA, use
of a resource protected under 23 U.S.C.
138 or 49 U.S.C. 303 (section 4(f))
except for actions resulting in de
minimis impacts, or likely to adversely
affect threatened or endangered species
or critical habitat under the Endangered
Species Act;
(4) Construction of temporary access,
or the closure of an existing road,
bridge, or ramps, that would result in
major traffic disruptions or substantial
environmental impacts;
(5) Changes in access control; or
(6) A floodplain encroachment other
than functionally dependent uses (e.g.,
bridges, wetlands) or actions that
facilitate open space use (e.g.,
recreational trails, bicycle and
pedestrian paths); or construction
activities in, across or adjacent to a river
component designated or proposed for
inclusion in the National System of
Wild and Scenic Rivers.
*
*
*
*
*
(g) Notwithstanding paragraph (d) of
this section, FHWA may enter into
programmatic agreements with a State
to allow a State DOT to make a NEPA
CE certification or determination and
approval on FHWA’s behalf. Such
agreements must be subject to the
following conditions:
(1) The agreement must set forth the
State DOT’s responsibilities for making
CE determinations, documenting the
determinations, and achieving
acceptable quality control and quality
assurance;
(2) The agreement may not have a
term of more than five years, but may
be renewed;
(3) The agreement must provide for
FHWA’s monitoring of the State DOT’s
compliance with the terms of the
agreement and for the State DOT’s
execution of any needed corrective
action. The FHWA must take into
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account the State DOT’s performance
when considering renewal of the
programmatic CE agreement;
(4) The agreement must include
stipulations for amendment,
termination, and public availability of
the agreement once it has been
executed; and
(5) Legal sufficiency and FHWA
Headquarters review is required prior to
FHWA’s approval of the agreement.
■ 3. Amend § 771.118 by adding new
paragraphs (c)(14) thru (c)(16), (d)(7),
and (d)(8) to read as follows:
Issued on: September 12, 2013.
Victor M. Mendez,
Administrator, Federal Highway
Administration.
Peter Rogoff,
Administrator, Federal Transit
Administration.
§ 771.118
49 CFR Part 821
FTA categorical exclusions.
*
*
*
*
*
(c) * * *
(14) Bridge removal and bridge
removal related activities, such as inchannel work, disposal of materials and
debris in accordance with applicable
regulations, and transportation facility
realignment.
(15) Preventative maintenance,
including safety treatments, to culverts
and channels within and adjacent to
transportation right-of-way to prevent
damage to the transportation facility and
adjoining property, plus any necessary
channel work, such as restoring,
replacing, reconstructing, and
rehabilitating culverts and drainage
pipes; and, expanding existing culverts.
(16) Localized geotechnical and other
investigations to provide information for
preliminary design and for
environmental analyses and permitting
purposes, such as drilling test bores for
soil sampling; archeological
investigations for archeology resources
assessment or similar survey; and
wetland surveys.
(d) * * *
(7) Minor transportation facility
realignment for rail safety reasons, such
as improving vertical and horizontal
alignment of railroad crossings, and
improving sight distance at railroad
crossings.
(8) Modernization or minor
expansions of transit structures and
facilities outside existing right-of-way,
such as bridges, stations or rail yards.
*
*
*
*
*
Title 49—Transportation
PART 622—ENVIRONMENTAL IMPACT
AND RELATED PROCEDURES
Subpart A—Environmental Procedures
4. The authority citation for subpart A
of part 622 is revised to read as follows:
■
Authority: 42 U.S.C. 4321 et seq.; 49
U.S.C. 303 and 5323; 23 U.S.C. 139 and 326;
Pub. L. 109–59, 119 Stat. 1144, sections 6002
and 6010; 40 CFR parts 1500–1508; 49 CFR
1.81; and Pub. L. 112–141, 126 Stat. 405,
sections 1315, 1316, 1317, and 1318.
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[FR Doc. 2013–22675 Filed 9–18–13; 8:45 am]
BILLING CODE 4910–22–P
NATIONAL TRANSPORTATION
SAFETY BOARD
[Docket No. NTSB–GC–2011–0001]
Rules of Practice in Air Safety
Proceedings
National Transportation Safety
Board (NTSB or Board).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The NTSB proposes
amending one of its rules of practice
that is applicable to cases proceeding on
an emergency timeline. This proposed
amendment will require the Federal
Aviation Administration (FAA) to
provide releasable portions of its
enforcement investigative report (EIR) to
each respondent in emergency cases.
DATES: Comments must be submitted by
October 21, 2013.
ADDRESSES: A copy of this NPRM,
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 is available on the
government-wide Web site on
regulations at https://
www.regulations.gov (Docket ID Number
NTSB–GC–2011–0001).
FOR FURTHER INFORMATION CONTACT:
David Tochen, General Counsel, (202)
314–6080.
SUPPLEMENTARY INFORMATION: Elsewhere
in today’s Federal Register, the NTSB
published a Final Rule, finalizing
changes to various sections of 49 CFR
part 821, as a result of the Pilot’s Bill of
Rights. In the final rule, the NTSB,
among other things, updated language
in § 821.19(d), which requires
disclosure of the FAA’s EIR in nonemergency cases. Because the Pilot’s
Bill of Rights was immediately effective
upon enactment on August 3, 2012, the
NTSB published an interim final rule to
implement the new legislation’s
requirements, 77 FR 63242 (Oct. 16,
2012).
In this NPRM, the NTSB proposes
incorporating a similar requirement at
SUMMARY:
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paragraph (d) of § 821.55, regarding the
release of the EIR in emergency cases
proceeding under subpart I of the
NTSB’s rules of practice. In view of the
exigencies presented to certificate
holders against whom the Administrator
issues emergency orders and the
expedited timeframes the Board must
observe in adjudicating aviation safety
emergency cases, § 821.55(d) will permit
relief if the FAA does not provide a
copy of the EIR to the respondent in an
emergency proceeding by the time the
certificate order, as opposed to the
complaint, is served on the respondent.
This language is set forth in the
proposed regulatory text of this rule.
Although in the Pilot’s Bill of Rights,
Congress required the NTSB to apply
the Federal Rules of Civil Procedure and
Federal Rules of Evidence to cases
within the NTSB’s jurisdiction ‘‘to the
extent practicable,’’ it did not
specifically address in the legislation
whether the EIR requirement applies to
NTSB emergency cases. The NTSB
believes such application is appropriate.
First, the structurally similar NTSB
rules for both emergency and nonemergency proceedings will ensure
consistency, which is beneficial for
parties and the NTSB’s administrative
law judges. Parties will benefit from
having clear expectations concerning
the availability of information at the
beginning of each case. In addition, the
FAA’s compliance with the requirement
to provide the EIR at the
commencement of each case will not be
changed if a respondent waives the
applicability of the emergency rules of
subpart I.
Applying this disclosure requirement
to § 821.55(d) will also require an
amendment to § 821.55(c), which
currently prohibits motions to dismiss
the complaint or motions for a more
definite statement of the complaint’s
allegations. Instead, § 821.55(c) provides
‘‘the substance [of such motions] may be
stated in the respondent’s answer.’’ This
preclusion of motions in the early stages
of a case is the result of the time
constraints applicable to emergency
cases. However, given our proposal to
apply the EIR disclosure requirement to
emergency cases in § 821.55(d), we also
propose amending § 821.55(c) as set
forth in the regulatory text of this rule.
The NTSB specifically invites
comments concerning § 821.55(c) and
(d). The interim final rule, although it
included within § 821.19(d) the
availability of dismissal on motion in
the event the FAA did not timely release
the EIR, did not address whether the
requirement applied to emergency
cases. As a result, the NTSB believes it
necessary to allow for comments on the
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inclusion of this requirement in
§ 821.55. The NTSB will accept
comments for 30 days from the date of
publication of this NPRM.
Regulatory Analysis
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of the potential
costs and benefits under section 6(a)(3)
of that Order. As such, the Office of
Management and Budget has not
reviewed this rule under Executive
Order 12866. Likewise, this rule does
not require an analysis under the
Unfunded Mandates Reform Act, 2
U.S.C. 1501–1571, or the National
Environmental Policy Act, 42 U.S.C.
4321–4347.
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. Moreover, in accordance with 5
U.S.C. 605(b), the NTSB will submit this
certification to the Chief Counsel for
Advocacy at the Small Business
Administration.
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 Executive Order
13132, Federalism. This 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 that 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.
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57603
List of Subjects for 49 CFR Part 821
Administrative practice and
procedure, Airmen, Aviation safety.
For the reasons discussed in the
preamble, the NTSB proposes to amend
49 CFR part 821 as follows:
PART 821—RULES OF PRACTICE IN
AIR SAFETY PROCEEDINGS
1. The authority citation for 49 CFR
part 821 continues to read as follows:
■
Authority: 49 U.S.C. 1101—1155, 44701–
44723, 46301, Pub. L. 112–153, unless
otherwise noted.
2. In § 821.55, revise paragraphs (c)
and (d) to read as follows:
■
§ 821.55 Complaint, answer to complaint,
motions and discovery.
*
*
*
*
*
(c) Motion to dismiss and motion for
more definite statement. In proceedings
governed by this subpart, except as
provided in paragraph (d) of this
section, no motion to dismiss the
complaint or for a more definite
statement of the complaint’s allegations
shall be made, but the substance thereof
may be stated in the respondent’s
answer. The law judge may permit or
require a more definite statement or
other amendment to any pleading at the
hearing, upon good cause shown and
upon just and reasonable terms.
(d) Failure to provide copy of
releasable portion of Enforcement
Investigative Report (EIR). (1) In
proceedings governed by this subpart,
where the Administrator fails to provide
the releasable portion of the EIR to the
respondent by the time it serves an
emergency or other immediately
effective order on the respondent, the
respondent may move to dismiss the
complaint or for other relief and, unless
the Administrator establishes good
cause for that failure, the law judge shall
order such relief as he or she deems
appropriate, after considering the
parties’ arguments.
(2) The releasable portion of the EIR
shall include all information in the EIR,
except for the following:
(i) Information that is privileged;
(ii) Information that constitutes work
product or reflects internal deliberative
process;
(iii) Information that would disclose
the identity of a confidential source;
(iv) Information of which applicable
law prohibits disclosure;
(v) Information about which the law
judge grants leave to withhold as not
relevant to the subject matter of the
proceeding or otherwise, for good cause
shown; or
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Proposed Rules
(vi) Sensitive security information, as
defined at 49 U.S.C. 40119 and 49 CFR
15.5.
(3) Nothing in this section shall be
interpreted as preventing the
Administrator from releasing to the
respondent information in addition to
that which is contained in the releasable
portion of the EIR. Likewise, nothing in
this section shall be interpreted as
preventing the Administrator from
releasing to the respondent a copy of the
EIR prior to the issuance of the
Administrator’s complaint.
Deborah A.P. Hersman,
Acting Chairman.
[FR Doc. 2013–22633 Filed 9–18–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R6–ES–2011–0111;
FWS–R6–ES–2012–0108; 4500030114]
RIN 1018–AZ20; RIN 1018–AX71
Endangered and Threatened Wildlife
and Plants; Proposed Endangered
Status for Gunnison Sage-Grouse and
Proposed Designation of Critical
Habitat for Gunnison Sage-Grouse
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period; announcement of
public hearings; notice of availability of
supplementary documents.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment
periods on our January 11, 2013,
proposed rules to list the Gunnison
sage-grouse (Centrocercus minimus) as
endangered and to designate critical
habitat for the species under the
Endangered Species Act of 1973, as
amended (Act). For the proposed
designation of critical habitat for the
Gunnison sage-grouse, we also
announce the availability of a draft
economic analysis (DEA), a draft
environmental assessment (EA), and an
amended required determinations
section. In addition, we announce two
public informational sessions and
public hearings for both the proposed
listing and proposed critical habitat, and
we provide information on several
conservation efforts that may be
considered in our final determinations.
We are reopening the comment periods
to allow all interested parties an
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SUMMARY:
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additional opportunity to comment on
the proposed listing and the proposed
designation of critical habitat, and to
comment on the proposed critical
habitat’s associated DEA, draft EA, and
amended required determinations
section. Comments previously
submitted need not be resubmitted, as
they will be fully considered in
preparation of the final rules.
DATES: Comment submission: We will
consider comments received or
postmarked on or before October 19,
2013. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES
section, below) must be received by
11:59 p.m. Eastern Time on the closing
date.
Public informational sessions and
public hearings: We will hold two
public informational sessions followed
by public hearings on the following
dates:
• October 7, 2013, from 4:00–9:00
p.m., including an information session
from 4:00–5:00 p.m., a break, and a
public hearing from 6:00–9:00 p.m.; and
• October 8, 2013, from 4:00–9:00
p.m., including an information session
from 4:00–5:00 p.m., a break, and a
public hearing from 6:00–9:00 p.m..
See the ADDRESSES section, below, for
information on where these public
informational sessions and public
hearings will be held.
ADDRESSES:
Document availability: You may
obtain copies of the January 11, 2013,
proposed rules on the Internet at
https://www.regulations.gov at Docket
No. FWS–R6–ES–2012–0108 for the
proposed listing and at Docket No.
FWS–R6–ES–2011–0111 for the
proposed designation of critical habitat.
You may obtain a copy of the draft
economic analysis and the draft
environmental assessment at Docket No.
FWS–R6–ES–2011–0111. Alternately,
you may obtain a copy of either
proposed rule, the draft economic
analysis, or the draft environmental
assessment by mail from the Western
Colorado Field Office (see FOR FURTHER
INFORMATION CONTACT).
Comment submission: You may
submit written comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Submit comments
on the listing proposal to Docket No.
FWS–R6–ES–2012–0108, and submit
comments on the critical habitat
proposal and associated draft economic
analysis and draft environmental
assessment to Docket No. FWS–R6–ES–
2011–0111.
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(2) By hard copy: Submit comments
on the listing proposal by U.S. mail or
hand-delivery to: Public Comments
Processing, Attn: FWS–R6–ES–2012–
0108; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
Submit comments on the critical habitat
proposal, draft economic analysis, and
draft environmental assessment by U.S.
mail or hand-delivery to: Public
Comments Processing, Attn: FWS–R6–
ES–2011–0111; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
MS 2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
Public informational sessions and
public hearings: The October 7, 2013,
public informational session and public
hearing will be held at Western State
Colorado University, University Center,
600 N. Adams Street in Gunnison,
Colorado.
The October 8, 2013, public
informational session and public
hearing will be held at Monticello High
School Auditorium, 164 South 200 West
in Monticello, Utah.
People needing reasonable
accommodations in order to attend and
participate in the public hearing should
contact Patty Gelatt, Western Colorado
Supervisor, Western Colorado Field
Office, as soon as possible (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Patty Gelatt, Western Colorado
Supervisor, U.S. Fish and Wildlife
Service, Western Colorado Field Office,
764 Horizon Drive, Building B, Grand
Junction, CO 81506–3946; by telephone
(970–243–2778); or by facsimile (970–
245–6933). Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We will accept written comments and
information during this comment period
on: (1) Our proposed listing
determination for the Gunnison sagegrouse that published in the Federal
Register on January 11, 2013 (78 FR
2486); (2) our proposed designation of
critical habitat for the Gunnison sagegrouse that published in the Federal
Register on January 11, 2013 (78 FR
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]]>Agencies
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Proposed Rules]
[Pages 57602-57604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22633]
-----------------------------------------------------------------------
NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 821
[Docket No. NTSB-GC-2011-0001]
Rules of Practice in Air Safety Proceedings
AGENCY: National Transportation Safety Board (NTSB or Board).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The NTSB proposes amending one of its rules of practice that
is applicable to cases proceeding on an emergency timeline. This
proposed amendment will require the Federal Aviation Administration
(FAA) to provide releasable portions of its enforcement investigative
report (EIR) to each respondent in emergency cases.
DATES: Comments must be submitted by October 21, 2013.
ADDRESSES: A copy of this NPRM, 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 is available on the government-wide Web site on
regulations at https://www.regulations.gov (Docket ID Number NTSB-GC-
2011-0001).
FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202)
314-6080.
SUPPLEMENTARY INFORMATION: Elsewhere in today's Federal Register, the
NTSB published a Final Rule, finalizing changes to various sections of
49 CFR part 821, as a result of the Pilot's Bill of Rights. In the
final rule, the NTSB, among other things, updated language in Sec.
821.19(d), which requires disclosure of the FAA's EIR in non-emergency
cases. Because the Pilot's Bill of Rights was immediately effective
upon enactment on August 3, 2012, the NTSB published an interim final
rule to implement the new legislation's requirements, 77 FR 63242 (Oct.
16, 2012).
In this NPRM, the NTSB proposes incorporating a similar requirement
at
[[Page 57603]]
paragraph (d) of Sec. 821.55, regarding the release of the EIR in
emergency cases proceeding under subpart I of the NTSB's rules of
practice. In view of the exigencies presented to certificate holders
against whom the Administrator issues emergency orders and the
expedited timeframes the Board must observe in adjudicating aviation
safety emergency cases, Sec. 821.55(d) will permit relief if the FAA
does not provide a copy of the EIR to the respondent in an emergency
proceeding by the time the certificate order, as opposed to the
complaint, is served on the respondent. This language is set forth in
the proposed regulatory text of this rule.
Although in the Pilot's Bill of Rights, Congress required the NTSB
to apply the Federal Rules of Civil Procedure and Federal Rules of
Evidence to cases within the NTSB's jurisdiction ``to the extent
practicable,'' it did not specifically address in the legislation
whether the EIR requirement applies to NTSB emergency cases. The NTSB
believes such application is appropriate. First, the structurally
similar NTSB rules for both emergency and non-emergency proceedings
will ensure consistency, which is beneficial for parties and the NTSB's
administrative law judges. Parties will benefit from having clear
expectations concerning the availability of information at the
beginning of each case. In addition, the FAA's compliance with the
requirement to provide the EIR at the commencement of each case will
not be changed if a respondent waives the applicability of the
emergency rules of subpart I.
Applying this disclosure requirement to Sec. 821.55(d) will also
require an amendment to Sec. 821.55(c), which currently prohibits
motions to dismiss the complaint or motions for a more definite
statement of the complaint's allegations. Instead, Sec. 821.55(c)
provides ``the substance [of such motions] may be stated in the
respondent's answer.'' This preclusion of motions in the early stages
of a case is the result of the time constraints applicable to emergency
cases. However, given our proposal to apply the EIR disclosure
requirement to emergency cases in Sec. 821.55(d), we also propose
amending Sec. 821.55(c) as set forth in the regulatory text of this
rule.
The NTSB specifically invites comments concerning Sec. 821.55(c)
and (d). The interim final rule, although it included within Sec.
821.19(d) the availability of dismissal on motion in the event the FAA
did not timely release the EIR, did not address whether the requirement
applied to emergency cases. As a result, the NTSB believes it necessary
to allow for comments on the inclusion of this requirement in Sec.
821.55. The NTSB will accept comments for 30 days from the date of
publication of this NPRM.
Regulatory Analysis
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of the potential costs and benefits under
section 6(a)(3) of that Order. As such, the Office of Management and
Budget has not reviewed this rule under Executive Order 12866.
Likewise, this rule does not require an analysis under the Unfunded
Mandates Reform Act, 2 U.S.C. 1501-1571, or the National Environmental
Policy Act, 42 U.S.C. 4321-4347.
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.
Moreover, in accordance with 5 U.S.C. 605(b), the NTSB will submit this
certification to the Chief Counsel for Advocacy at the Small Business
Administration.
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
Executive Order 13132, Federalism. This 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 that 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 for 49 CFR Part 821
Administrative practice and procedure, Airmen, Aviation safety.
For the reasons discussed in the preamble, the NTSB proposes to
amend 49 CFR part 821 as follows:
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS
0
1. The authority citation for 49 CFR part 821 continues to read as
follows:
Authority: 49 U.S.C. 1101--1155, 44701-44723, 46301, Pub. L.
112-153, unless otherwise noted.
0720
2. In Sec. 821.55, revise paragraphs (c) and (d) to read as follows:
Sec. 821.55 Complaint, answer to complaint, motions and discovery.
* * * * *
(c) Motion to dismiss and motion for more definite statement. In
proceedings governed by this subpart, except as provided in paragraph
(d) of this section, no motion to dismiss the complaint or for a more
definite statement of the complaint's allegations shall be made, but
the substance thereof may be stated in the respondent's answer. The law
judge may permit or require a more definite statement or other
amendment to any pleading at the hearing, upon good cause shown and
upon just and reasonable terms.
(d) Failure to provide copy of releasable portion of Enforcement
Investigative Report (EIR). (1) In proceedings governed by this
subpart, where the Administrator fails to provide the releasable
portion of the EIR to the respondent by the time it serves an emergency
or other immediately effective order on the respondent, the respondent
may move to dismiss the complaint or for other relief and, unless the
Administrator establishes good cause for that failure, the law judge
shall order such relief as he or she deems appropriate, after
considering the parties' arguments.
(2) The releasable portion of the EIR shall include all information
in the EIR, except for the following:
(i) Information that is privileged;
(ii) Information that constitutes work product or reflects internal
deliberative process;
(iii) Information that would disclose the identity of a
confidential source;
(iv) Information of which applicable law prohibits disclosure;
(v) Information about which the law judge grants leave to withhold
as not relevant to the subject matter of the proceeding or otherwise,
for good cause shown; or
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(vi) Sensitive security information, as defined at 49 U.S.C. 40119
and 49 CFR 15.5.
(3) Nothing in this section shall be interpreted as preventing the
Administrator from releasing to the respondent information in addition
to that which is contained in the releasable portion of the EIR.
Likewise, nothing in this section shall be interpreted as preventing
the Administrator from releasing to the respondent a copy of the EIR
prior to the issuance of the Administrator's complaint.
Deborah A.P. Hersman,
Acting Chairman.
[FR Doc. 2013-22633 Filed 9-18-13; 8:45 am]
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