Rules of Practice in Air Safety Proceedings; Correction, 41650-41651 [2014-16710]

Download as PDF 41650 Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations inadvertently removed a portion of text from a paragraph within a section. This correction is a minor technical change. DATES: Effective July 17, 2014. ADDRESSES: Members of the public may contact the NTSB Office of General Counsel concerning this correction at 490 L’Enfant Plaza SW., Washington, DC 20594. FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 314–6080. SUPPLEMENTARY INFORMATION: In its October 16, 2012 final rule, 77 FR 63245, in which the NTSB published rule changes concerning several sections in part 821, including email submission of documents, petitions for reconsideration, consideration of evidence concerning the existence of an emergency in cases proceeding under part 821, subpart I of the NTSB rules, the NTSB erroneously truncated the text of a paragraph within § 821.54(b). The NTSB intended to keep the final sentence of § 821.54(b), in addition to a new sentence immediately preceding it, which provides the respondent may include attachments to a petition for review of the Administrator’s emergency determination. Also, the final sentence of paragraph (b) should continue to state, ‘‘The petition must be filed with the Board by overnight delivery service or facsimile and simultaneously served on the Administrator by the same means.’’ The NTSB’s removal of this sentence in the October 16, 2012 final rule was an unintentional oversight. List of Subjects in 49 CFR Part 821 Administrative practice and procedure, Airmen, Aviation safety. Accordingly, the NTSB amends 49 CFR part 821 by making the following correcting amendment: PART 821—RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS 1. The authority citation for 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 § 821.54, revise paragraph (b) to read as follows: pmangrum on DSK3VPTVN1PROD with RULES ■ § 821.54 Petition for review of Administrator’s determination of emergency. * * * * * (b) Form, content and service of petition. The petition may be in letter form. A copy of the Administrator’s order, from which review of the emergency determination is sought, VerDate Mar<15>2010 14:56 Jul 16, 2014 Jkt 232001 must be attached to the petition. If a copy of the order is not attached, the petition will be dismissed. While the petition need only request that the Board review the Administrator’s determination as to the existence of an emergency requiring the order be effective immediately, it may also enumerate the respondent’s reasons for believing that the Administrator’s emergency determination is not warranted in the interest of aviation safety. The respondent may include attachments to the petition for review (e.g., affidavits, other documents or records) limited to evidence the respondent believes supports the reasons enumerated in the petition for why the Administrator’s emergency determination is not warranted in the interest of aviation safety. The petition must be filed with the Board by overnight delivery service or facsimile and simultaneously served on the Administrator by the same means. * * * * * amendment to paragraph (d) of that section. 78 FR 57527. In the revision of paragraph (d), paragraph (d)(1) contains the pronoun ‘‘it,’’ which refers to the noun ‘‘the Administrator.’’ This is incorrect. As a result, by this correction, the NTSB makes a technical correction to this sentence, to use the correct pronoun in the sentence. List of Subjects in 49 CFR Part 821 Administrative practice and procedure, Airmen, Aviation safety. Accordingly, the NTSB amends 49 CFR part 821 by making the following correcting amendment: PART 821—RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS 1. The authority citation for 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 § 821.19, revise paragraph (d) to read as follows: ■ Christopher A. Hart, Acting Chairman. § 821.19 [FR Doc. 2014–16712 Filed 7–16–14; 8:45 am] * BILLING CODE P NATIONAL TRANSPORTATION SAFETY BOARD 49 CFR Part 821 [Docket No. NTSB–GC–2011–0001] RIN 3147–AA00 Rules of Practice in Air Safety Proceedings; Correction National Transportation Safety Board (NTSB or Board). ACTION: Final rule; correction. AGENCY: The NTSB is correcting a final rule published September 19, 2013, which inadvertently included an incorrect pronoun. This correction is a minor change to ensure consistency in the NTSB’s references to the Administrator of the Federal Aviation Administration. DATES: Effective July 17, 2014. ADDRESSES: Members of the public may contact the NTSB Office of General Counsel concerning this correction at 490 L’Enfant Plaza SW., Washington, DC 20594. FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 314–6080. SUPPLEMENTARY INFORMATION: In its September 19, 2013, final rule implementing changes to 49 CFR 821.19, the NTSB finalized an SUMMARY: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Depositions and other discovery. * * * * (d) Failure to provide copy of releasable portion of Enforcement Investigative Report (EIR). (1) Except as provided in § 821.55 with respect to emergency proceedings, where the respondent requests the EIR and the Administrator fails to provide the releasable portion of the EIR to the respondent by the time he or she serves the complaint 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 (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 E:\FR\FM\17JYR1.SGM 17JYR1 Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Rules and Regulations respondent information in addition to that which is contained in the releasable portion of the EIR. DEPARTMENT OF TRANSPORTATION Christopher A. Hart, Acting Chairman. 49 CFR Part 1002 [FR Doc. 2014–16710 Filed 7–16–14; 8:45 am] Surface Transportation Board [Docket No. EP 542 (Sub-No. 22)] 41141 in the issue of Tuesday, July 15, 2014, make the following correction: 1. On page 41137, in the third column, in the DATES section ‘‘August 13, 2014’’ should read ‘‘August 14, 2014’’. [FR Doc. C1–2014–16467 Filed 7–16–14; 8:45 am] Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services— 2014 Update BILLING CODE 7533–01–P BILLING CODE 1505–01–D Correction pmangrum on DSK3VPTVN1PROD with RULES In rule document 2014–16467 appearing on pages 41137 through VerDate Mar<15>2010 14:56 Jul 16, 2014 Jkt 232001 41651 PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 E:\FR\FM\17JYR1.SGM 17JYR1

Agencies

[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41650-41651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16710]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 821

[Docket No. NTSB-GC-2011-0001]
RIN 3147-AA00


Rules of Practice in Air Safety Proceedings; Correction

AGENCY: National Transportation Safety Board (NTSB or Board).

ACTION: Final rule; correction.

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SUMMARY: The NTSB is correcting a final rule published September 19, 
2013, which inadvertently included an incorrect pronoun. This 
correction is a minor change to ensure consistency in the NTSB's 
references to the Administrator of the Federal Aviation Administration.

DATES: Effective July 17, 2014.

ADDRESSES: Members of the public may contact the NTSB Office of General 
Counsel concerning this correction at 490 L'Enfant Plaza SW., 
Washington, DC 20594.

FOR FURTHER INFORMATION CONTACT: David Tochen, General Counsel, (202) 
314-6080.

SUPPLEMENTARY INFORMATION: In its September 19, 2013, final rule 
implementing changes to 49 CFR 821.19, the NTSB finalized an amendment 
to paragraph (d) of that section. 78 FR 57527. In the revision of 
paragraph (d), paragraph (d)(1) contains the pronoun ``it,'' which 
refers to the noun ``the Administrator.'' This is incorrect. As a 
result, by this correction, the NTSB makes a technical correction to 
this sentence, to use the correct pronoun in the sentence.

List of Subjects in 49 CFR Part 821

    Administrative practice and procedure, Airmen, Aviation safety.

    Accordingly, the NTSB amends 49 CFR part 821 by making the 
following correcting amendment:

PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS

0
1. The authority citation for part 821 continues to read as follows:

    Authority: 49 U.S.C. 1101-1155, 44701-44723, 46301, Pub. L. 112-
153, unless otherwise noted.


0
2. In Sec.  821.19, revise paragraph (d) to read as follows:


Sec.  821.19  Depositions and other discovery.

* * * * *
    (d) Failure to provide copy of releasable portion of Enforcement 
Investigative Report (EIR). (1) Except as provided in Sec.  821.55 with 
respect to emergency proceedings, where the respondent requests the EIR 
and the Administrator fails to provide the releasable portion of the 
EIR to the respondent by the time he or she serves the complaint 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
    (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

[[Page 41651]]

respondent information in addition to that which is contained in the 
releasable portion of the EIR.

Christopher A. Hart,
Acting Chairman.
[FR Doc. 2014-16710 Filed 7-16-14; 8:45 am]
BILLING CODE 7533-01-P