Administrative Rules; Official Seal; Rules Implementing the Government in the Sunshine Act, 75729-75731 [2016-26232]
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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
must be presented to law enforcement
officials upon request.
3. Motor carriers operating under this
exemption must have a ‘‘Satisfactory’’
safety rating with FMCSA, or be
‘‘Unrated.’’ Motor carriers with
‘‘Conditional’’ or ‘‘Unsatisfactory’’
FMCSA safety ratings are prohibited
from using this exemption.
Period of the Exemption
This exemption from the
requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m.,
November 1, 2016 through 11:59 p.m.,
November 1, 2018.
Extent of the Exemption
This exemption is limited to the
provisions of 49 CFR 395.3(a)(3)(ii).
These motor carriers and drivers must
comply with all other applicable
provisions of the FMCSRs.
Preemption
In accordance with 49 U.S.C.
31313(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
jstallworth on DSK7TPTVN1PROD with RULES
Notification to FMCSA
Any motor carrier utilizing this
exemption must notify FMCSA within 5
business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carrier’s CMV drivers
operating under the terms of this
exemption. The notification must
include the following information:
a. Name of Exemption: ‘‘SC&RA
cranes’’
b. Name of operating motor carrier
and USDOT number,
c. Date of the accident,
d. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
e. Driver’s name and license number
and State of issuance
f. Vehicle number and State license
plate number,
g. Number of individuals suffering
physical injury,
h. Number of fatalities,
i. The police-reported cause of the
accident,
j. Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
k. The driver’s total driving time and
total on-duty time prior to the accident.
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15:21 Oct 31, 2016
Jkt 241001
Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
Termination
FMCSA believes motor carriers
conducting crane operations under this
exemption will continue to maintain
their safety record while operating
under this exemption. However, should
safety be compromised, FMCSA will
take all steps necessary to protect the
public interest, including revocation or
restriction of the exemption. The
FMCSA will immediately revoke or
restrict the exemption for failure to
comply with its terms and conditions.
Issued on: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016–26333 Filed 10–31–16; 8:45 am]
BILLING CODE 4910–EX–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Parts 800, 803, and 804
[Docket No.: NTSB–GC–2017–001]
RIN 3147–AA03, 3147–AA08, 3147–AA09
Administrative Rules; Official Seal;
Rules Implementing the Government in
the Sunshine Act
National Transportation Safety
Board (NTSB).
ACTION: Final rule.
AGENCY:
The NTSB makes technical
updates and corrects citations in its
administrative regulations governing
agency organization and functions,
delegations of authority to staff
members, and procedures for adopting
rules, regulations governing the agency’s
official seal, and regulations
implementing the Government in the
Sunshine Act. These revisions make no
substantive changes.
DATES: This rule is effective November
1, 2016.
ADDRESSES: A copy of this Final Rule,
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–2017–001).
FOR FURTHER INFORMATION CONTACT:
Matthew D. McKenzie, AttorneyAdvisor, (202) 314–6080, rulemaking@
ntsb.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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75729
I. Legal Basis for the Final Rule
The Administrative Procedure Act
(APA), 5 U.S.C. 553, provides
exceptions to its notice and public
comment rulemaking procedures where
(1) the rules are rules of agency
organization, procedure, or practice; or
(2) the agency finds there is good cause
to forego notice and comment, and
incorporates the finding and a brief
statement of reasons therefore in the
rule issued. Generally, good cause exists
where the agency determines that notice
and public comment procedures are
impractical, unnecessary, or contrary to
the public interest. 5 U.S.C. 553(b).
Parts 800, 803, and 804 govern
internal agency organization, procedure,
or practice. Part 800, subparts A and B,
describes the organization of the agency.
Part 800, subpart C, prescribes
procedures for the agency’s
rulemakings. Part 803 describes the
agency’s seal and limits its use. Part 804
prescribes procedures for the agency’s
open meetings.
The amendments made in this final
rule merely correct inadvertent errors
and omissions, remove obsolete
references, and make minor editorial
changes to improve clarity and
consistency. The technical amendments
do not impose any new requirements,
nor do they make any substantive
changes to the Code of Federal
Regulations. For these reasons, the
NTSB finds good cause that notice and
public comment on this final rule are
unnecessary. For these same reasons,
this rule will be effective on the date of
publication in the Federal Register.
II. Background
On June 25, 2012, the NTSB
announced its plan to review its
regulations, 49 CFR parts 800 through
850, to comply with Executive Order
(E.O.) 13563, Improving Regulation and
Regulatory Review, 76 FR 3821 (Jan. 21,
2011); E.O. 13579, Regulation and
Independent Regulatory Agencies, 76 FR
41587 (July 11, 2011); and E.O. 13610,
Identifying and Reducing Regulatory
Burdens, 77 FR 28469 (May 14, 2012).
NTSB Plan for Retrospective Analysis of
Existing Rules, 77 FR 37865. Though the
Executive Orders require retrospective
review of only ‘‘significant regulations,’’
NTSB stated it would review all of its
regulations to implement the principles
in the Orders. Id. at 37867.
On January 8, 2013, after reviewing its
regulations, the NTSB announced its
plan to update its regulations, including
revising internal agency procedures for
which no public comment was required.
Retrospective Analysis of Existing Rules;
Notification, 78 FR 1193, 1194.
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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
Pursuant to that plan, in this Final
Rule, the NTSB makes editorial
improvements and corrects obsolete
information and citations in parts 800
(Administrative Rules), 803 (Official
Seal), and 804 (Rules Implementing the
Government in the Sunshine Act).
III. Regulatory Analysis
This rule does not require an
assessment of its potential costs and
benefits under section 6(a)(3) of E.O.
12866, Regulatory Planning and Review,
58 FR 51735 (Sept. 30, 1993), because it
is not a ‘‘significant regulatory action’’
under section 3(f) of that Order. Thus,
the Office of Management and Budget
has not reviewed this rule under E.O.
12866. Likewise, this rule does not
require an analysis under the Unfunded
Mandates Reform Act, 2 U.S.C. 1501–71,
or the National Environmental Policy
Act, 42 U.S.C. 4321–47.
In addition, under the Regulatory
Flexibility Act, 5 U.S.C. 601–12, the
NTSB has considered whether this rule
would have a significant economic
impact on a substantial number of small
entities. 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.
Moreover, 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 also 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.
NTSB has evaluated this rule under:
E.O. 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights, 53 FR 8859
(Mar. 15, 1988); 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 Technology
Transfer and Advancement Act, 15
U.S.C. 272 note. The NTSB has
concluded that this Final Rule neither
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15:21 Oct 31, 2016
Jkt 241001
violates, nor requires further
consideration under, those Orders and
statutes.
List of Subjects
49 CFR Part 800
Administrative practice and
procedure, Authority delegations
(Government agencies), Government
employees, Organization and functions
(Government agencies).
49 CFR Part 803
Seals and insignia.
49 CFR Part 804
Sunshine Act.
For the reasons stated in the
preamble, the National Transportation
Safety Board amends 49 CFR parts 800,
803, and 804 as set forth below:
PART 800—ADMINISTRATIVE RULES
1. The authority citation for part 800
is revised to read as follows:
■
Authority: 49 U.S.C. 1101 et seq.; 49
U.S.C.40101 et seq.
Subpart A—Organization and
functions
§ 800.1
[Amended]
1. Amend § 800.1 by removing ‘‘part’’
and adding in its place ‘‘subpart’’.
■
§ 800.2
[Amended]
2. Amend § 800.2 as follows:
a. In the introductory text, remove
‘‘the Federal Aviation Act of 1958, as
amended (49 U.S.C. 40101 et seq.), and
the Independent Safety Board Act of
1974, as amended (49 U.S.C. 1101 et
seq.)’’ and add in its place ‘‘49 U.S.C.
chapter 11’’.
■ b. In paragraph (d), remove ‘‘the
Federal Aviation Act of 1958, as
amended’’ and add in its place ‘‘49
U.S.C. 1133’’.
■ 3. Revise § 800.3 to read as follows:
■
■
§ 800.3
Functions.
(a) The primary function of the Board
is to promote safety in transportation.
The Board is responsible for the
investigation, determination of facts,
conditions, and circumstances and the
cause or probable cause or causes of:
(1) All accidents involving civil
aircraft, and certain public aircraft;
(2) Highway accidents, including
railroad grade-crossing accidents, the
investigation of which is selected in
cooperation with the States;
(3) Railroad accidents in which there
is a fatality, substantial property
damage, or which involve a passenger
train;
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(4) Pipeline accidents in which there
is a fatality, significant injury to the
environment, or substantial property
damage; and
(5) Major marine casualties and
marine accidents involving a public and
a non-public vessel or involving Coast
Guard functions.
(b) The Board makes transportation
safety recommendations to federal,
state, and local agencies and private
organizations to reduce the likelihood of
transportation accidents. It initiates and
conducts safety studies and special
investigations on matters pertaining to
safety in transportation, assesses
techniques and methods of accident
investigation, evaluates the effectiveness
of transportation safety consciousness
and efficacy of other Government
agencies, and evaluates the adequacy of
safeguards and procedures concerning
the transportation of hazardous
materials.
(c) Upon application of affected
parties, the Board reviews in
quasijudicial proceedings, conducted
pursuant to the Administrative
Procedure Act, 5 U.S.C. 551 et seq.,
denials by the Administrator of the
Federal Aviation Administration of
applications for airman certificates and
orders of the Administrator modifying,
amending, suspending, or revoking
certificates or imposing civil penalties.
The Board also reviews on appeal the
decisions of the head of the agency in
which the U.S. Coast Guard is operating,
on appeals from orders of administrative
law judges suspending, revoking, or
denying seamen licenses, certificates, or
documents.
(d) The Board, as provided in part 801
of this chapter, issues reports and orders
pursuant to its duties to determine the
cause or probable cause or causes of
transportation accidents and to report
the facts, conditions and circumstances
relating to such accidents; issues
opinions and/or orders in accordance
with 49 U.S.C. 1133 after reviewing on
appeal the imposition of a civil penalty
or the suspension, amendment,
modification, revocation, or denial of a
certificate or license issued by the
Secretary of the Department of
Transportation (who acts through the
Administrator of the Federal Aviation
Administration) or by the Commandant
of the United States Coast Guard; and
issues and makes available to the public
safety recommendations, safety studies,
and reports of special investigations.
§ 800.4
[Amended]
4. Amend § 800.4 as follows:
a. In paragraph (b), removing
‘‘Government Printing Office’’ and
■
■
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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
adding in its place ‘‘Government
Publishing Office’’.
■ b. In paragraph (e), adding ‘‘, or the
Commandant of the United States Coast
Guard’’ after ‘‘Department of
Transportation’’.
§ 800.5
[Amended]
5. Amend § 800.5 by adding ‘‘–003’’
after ‘‘20594’’.
■
[Amended]
6. Amend § 800.21 by removing
‘‘Subpart B’’ and adding in its place
‘‘subpart’’.
16. Amend § 800.41 by removing
‘‘unless all persons subject to it are
named and are personally served with a
copy of it’’.
17. The authority citation for part 803
is revised to read as follows:
[Amended]
[Amended]
8. Amend § 800.24(f) by removing
‘‘the Independent Safety Board Act of
1974, as amended,’’ adding in its place
‘‘49 U.S.C. chapter 11, subchapter IV,’’.
[Amended]
9. Amend § 800.25 as follows:
a. In paragraph (c), removing
‘‘§ 845.41 of this Chapter’’ adding in its
place ‘‘§ 845.32 of this chapter’’.
■ b. In paragraph (d), removing
‘‘§ 304(a) of the Independent Safety
Board Act of 1974, as amended (49
U.S.C. 1131(a)) and the Appendix to this
Part’’ adding in its place ‘‘49 U.S.C.
1131 and the appendix to this part’’.
■
■
Authority: 49 U.S.C. 1111(j), 1113(f).
[Amended]
11. Amend § 800.27 by removing ‘‘of
the Safety Board’’.
■
Subpart C—Procedures for Adoption
of Rules
[Amended]
12. Amend § 800.30 by removing
‘‘1101–1155’’ and adding in its place
‘‘1113(f)’’.
■
jstallworth on DSK7TPTVN1PROD with RULES
§ 800.31
13. Amend § 800.31 by removing
‘‘deemed relevant by the NTSB relating
to rulemaking’’ and adding in its place
‘‘relevant to NTSB rulemaking’’.
§ 800.33
14. Amend § 800.33 by removing
‘‘551’’ and adding in its place ‘‘553’’.
■
15:21 Oct 31, 2016
§ 803.5
Jkt 241001
[Amended]
19. Amend § 803.5(c) by:
a. Removing ‘‘Bureau’’ and adding in
its place ‘‘Office’’;
■ b. Removing ‘‘800 Independence
Avenue’’ and adding in its place ‘‘490
L’Enfant Plaza’’; and
■ c. Adding ‘‘–003’’ after ‘‘20594’’.
■
■
PART 804—RULES IMPLEMENTING
THE GOVERNMENT IN THE SUNSHINE
ACT
20. The authority citation for part 804
is revised to read as follows:
■
Authority: 5 U.S.C. 552b; 49 U.S.C. 1113(f).
[Amended]
21. Amend § 804.1(b) by removing
‘‘the NTSB regulations (49 CFR part
801)’’ and adding in its place ‘‘this
chapter’’.
■ 22. Revise § 804.5(d) to read as
follows:
§ 804.5 Ground on which meetings may be
closed or information may be withheld.
*
*
*
*
*
(d) Disclose trade secrets or privileged
or confidential commercial or financial
information obtained from a person;
*
*
*
*
*
[Amended]
23. Amend § 804.6(b) by:
a. Removing ‘‘800 Independence
Avenue’’ and adding in its place ‘‘490
L’’Enfant Plaza’’; and
■ b. Adding ‘‘–003’’ after ‘‘20594’’.
■
■
§ 804.7
[Amended]
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18. Amend § 803.3 by removing
‘‘Bureau’’ everywhere it appears and
adding in its place ‘‘Office’’.
■
§ 804.6
[Amended]
■
[Amended]
■
10. Amend § 800.26 by removing
‘‘board’’ and adding in its place
‘‘Board’’.
§ 800.30
§ 803.3
§ 804.1
[Amended]
■
§ 800.27
[FR Doc. 2016–26232 Filed 10–31–16; 8:45 am]
[Amended]
■
■
§ 800.26
David Tochen,
General Counsel.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
PART 803—OFFICIAL SEAL
7. Amend § 800.22(a)(2) by removing
‘‘sections 304(a)(2) and 307 of the
Independent Safety Board Act of 1974
(49 U.S.C. 1131(d) and 1135(c))’’ adding
in its place ‘‘49 U.S.C. 1131(e), 1135(c)’’.
§ 800.25
[Amended]
25. Amend § 804.10 by removing ‘‘the
NTSB shall maintain’’ and adding in its
place ‘‘The NTSB shall maintain’’.
■
■
■
§ 800.24
§ 804.10
BILLING CODE 7533–01–P
■
§ 800.22
[Amended]
15. Amend § 800.35(a) by:
a. Removing ‘‘in rulemaking’’ and
adding in its place ‘‘in a rulemaking’’;
and
■ b. Removing ‘‘comments in writing
containing’’ adding in its place ‘‘written
comments,’’.
■
■
§ 800.41
Subpart B—Delegations of Authority to
Staff Members
§ 800.21
§ 800.35
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[Amended]
24. Amend § 804.7(b)(2) by removing
‘‘be’’ and adding in its place ‘‘is’’.
■
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50 CFR Part 648
[Docket No. 151215999–6960–02]
RIN 0648–BF64
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Specification of Management
Measures for Atlantic Herring for the
2016–2018 Fishing Years
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing final
specifications and management
measures for the 2016–2018 Atlantic
herring fishery. This action sets harvest
specifications and river herring/shad
catch caps for the herring fishery for the
2016–2018 fishing years, as
recommended to NMFS by the New
England Fishery Management Council.
The river herring/shad catch caps are
area and gear-specific. River herring and
shad catch from a specific area with a
specific gear counts against a cap for
trips landing more than a minimum
amount of herring. The specifications
and management measures in this
action meet conservation objectives
while providing sustainable levels of
access to the fishery.
DATES: Effective December 1, 2016.
ADDRESSES: Copies of supporting
documents used by the New England
Fishery Management Council, including
the Environmental Assessment (EA) and
Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA),
are available from: Thomas A. Nies,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950,
telephone (978) 465–0492. The EA/RIR/
IRFA is also accessible via the Internet
at https://
www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75729-75731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26232]
-----------------------------------------------------------------------
NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Parts 800, 803, and 804
[Docket No.: NTSB-GC-2017-001]
RIN 3147-AA03, 3147-AA08, 3147-AA09
Administrative Rules; Official Seal; Rules Implementing the
Government in the Sunshine Act
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The NTSB makes technical updates and corrects citations in its
administrative regulations governing agency organization and functions,
delegations of authority to staff members, and procedures for adopting
rules, regulations governing the agency's official seal, and
regulations implementing the Government in the Sunshine Act. These
revisions make no substantive changes.
DATES: This rule is effective November 1, 2016.
ADDRESSES: A copy of this Final Rule, 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-2017-001).
FOR FURTHER INFORMATION CONTACT: Matthew D. McKenzie, Attorney-Advisor,
(202) 314-6080, rulemaking@ntsb.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Final Rule
The Administrative Procedure Act (APA), 5 U.S.C. 553, provides
exceptions to its notice and public comment rulemaking procedures where
(1) the rules are rules of agency organization, procedure, or practice;
or (2) the agency finds there is good cause to forego notice and
comment, and incorporates the finding and a brief statement of reasons
therefore in the rule issued. Generally, good cause exists where the
agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. 5 U.S.C.
553(b).
Parts 800, 803, and 804 govern internal agency organization,
procedure, or practice. Part 800, subparts A and B, describes the
organization of the agency. Part 800, subpart C, prescribes procedures
for the agency's rulemakings. Part 803 describes the agency's seal and
limits its use. Part 804 prescribes procedures for the agency's open
meetings.
The amendments made in this final rule merely correct inadvertent
errors and omissions, remove obsolete references, and make minor
editorial changes to improve clarity and consistency. The technical
amendments do not impose any new requirements, nor do they make any
substantive changes to the Code of Federal Regulations. For these
reasons, the NTSB finds good cause that notice and public comment on
this final rule are unnecessary. For these same reasons, this rule will
be effective on the date of publication in the Federal Register.
II. Background
On June 25, 2012, the NTSB announced its plan to review its
regulations, 49 CFR parts 800 through 850, to comply with Executive
Order (E.O.) 13563, Improving Regulation and Regulatory Review, 76 FR
3821 (Jan. 21, 2011); E.O. 13579, Regulation and Independent Regulatory
Agencies, 76 FR 41587 (July 11, 2011); and E.O. 13610, Identifying and
Reducing Regulatory Burdens, 77 FR 28469 (May 14, 2012). NTSB Plan for
Retrospective Analysis of Existing Rules, 77 FR 37865. Though the
Executive Orders require retrospective review of only ``significant
regulations,'' NTSB stated it would review all of its regulations to
implement the principles in the Orders. Id. at 37867.
On January 8, 2013, after reviewing its regulations, the NTSB
announced its plan to update its regulations, including revising
internal agency procedures for which no public comment was required.
Retrospective Analysis of Existing Rules; Notification, 78 FR 1193,
1194.
[[Page 75730]]
Pursuant to that plan, in this Final Rule, the NTSB makes editorial
improvements and corrects obsolete information and citations in parts
800 (Administrative Rules), 803 (Official Seal), and 804 (Rules
Implementing the Government in the Sunshine Act).
III. Regulatory Analysis
This rule does not require an assessment of its potential costs and
benefits under section 6(a)(3) of E.O. 12866, Regulatory Planning and
Review, 58 FR 51735 (Sept. 30, 1993), because it is not a ``significant
regulatory action'' under section 3(f) of that Order. Thus, the Office
of Management and Budget has not reviewed this rule under E.O. 12866.
Likewise, this rule does not require an analysis under the Unfunded
Mandates Reform Act, 2 U.S.C. 1501-71, or the National Environmental
Policy Act, 42 U.S.C. 4321-47.
In addition, under the Regulatory Flexibility Act, 5 U.S.C. 601-12,
the NTSB has considered whether this rule would have a significant
economic impact on a substantial number of small entities. 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.
Moreover, 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 also 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.
NTSB has evaluated this rule under: E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights, 53 FR 8859 (Mar. 15, 1988); 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 Technology Transfer
and Advancement Act, 15 U.S.C. 272 note. The NTSB has concluded that
this Final Rule neither violates, nor requires further consideration
under, those Orders and statutes.
List of Subjects
49 CFR Part 800
Administrative practice and procedure, Authority delegations
(Government agencies), Government employees, Organization and functions
(Government agencies).
49 CFR Part 803
Seals and insignia.
49 CFR Part 804
Sunshine Act.
For the reasons stated in the preamble, the National Transportation
Safety Board amends 49 CFR parts 800, 803, and 804 as set forth below:
PART 800--ADMINISTRATIVE RULES
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1. The authority citation for part 800 is revised to read as follows:
Authority: 49 U.S.C. 1101 et seq.; 49 U.S.C.40101 et seq.
Subpart A--Organization and functions
Sec. 800.1 [Amended]
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1. Amend Sec. 800.1 by removing ``part'' and adding in its place
``subpart''.
Sec. 800.2 [Amended]
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2. Amend Sec. 800.2 as follows:
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a. In the introductory text, remove ``the Federal Aviation Act of 1958,
as amended (49 U.S.C. 40101 et seq.), and the Independent Safety Board
Act of 1974, as amended (49 U.S.C. 1101 et seq.)'' and add in its place
``49 U.S.C. chapter 11''.
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b. In paragraph (d), remove ``the Federal Aviation Act of 1958, as
amended'' and add in its place ``49 U.S.C. 1133''.
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3. Revise Sec. 800.3 to read as follows:
Sec. 800.3 Functions.
(a) The primary function of the Board is to promote safety in
transportation. The Board is responsible for the investigation,
determination of facts, conditions, and circumstances and the cause or
probable cause or causes of:
(1) All accidents involving civil aircraft, and certain public
aircraft;
(2) Highway accidents, including railroad grade-crossing accidents,
the investigation of which is selected in cooperation with the States;
(3) Railroad accidents in which there is a fatality, substantial
property damage, or which involve a passenger train;
(4) Pipeline accidents in which there is a fatality, significant
injury to the environment, or substantial property damage; and
(5) Major marine casualties and marine accidents involving a public
and a non-public vessel or involving Coast Guard functions.
(b) The Board makes transportation safety recommendations to
federal, state, and local agencies and private organizations to reduce
the likelihood of transportation accidents. It initiates and conducts
safety studies and special investigations on matters pertaining to
safety in transportation, assesses techniques and methods of accident
investigation, evaluates the effectiveness of transportation safety
consciousness and efficacy of other Government agencies, and evaluates
the adequacy of safeguards and procedures concerning the transportation
of hazardous materials.
(c) Upon application of affected parties, the Board reviews in
quasijudicial proceedings, conducted pursuant to the Administrative
Procedure Act, 5 U.S.C. 551 et seq., denials by the Administrator of
the Federal Aviation Administration of applications for airman
certificates and orders of the Administrator modifying, amending,
suspending, or revoking certificates or imposing civil penalties. The
Board also reviews on appeal the decisions of the head of the agency in
which the U.S. Coast Guard is operating, on appeals from orders of
administrative law judges suspending, revoking, or denying seamen
licenses, certificates, or documents.
(d) The Board, as provided in part 801 of this chapter, issues
reports and orders pursuant to its duties to determine the cause or
probable cause or causes of transportation accidents and to report the
facts, conditions and circumstances relating to such accidents; issues
opinions and/or orders in accordance with 49 U.S.C. 1133 after
reviewing on appeal the imposition of a civil penalty or the
suspension, amendment, modification, revocation, or denial of a
certificate or license issued by the Secretary of the Department of
Transportation (who acts through the Administrator of the Federal
Aviation Administration) or by the Commandant of the United States
Coast Guard; and issues and makes available to the public safety
recommendations, safety studies, and reports of special investigations.
Sec. 800.4 [Amended]
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4. Amend Sec. 800.4 as follows:
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a. In paragraph (b), removing ``Government Printing Office'' and
[[Page 75731]]
adding in its place ``Government Publishing Office''.
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b. In paragraph (e), adding ``, or the Commandant of the United States
Coast Guard'' after ``Department of Transportation''.
Sec. 800.5 [Amended]
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5. Amend Sec. 800.5 by adding ``-003'' after ``20594''.
Subpart B--Delegations of Authority to Staff Members
Sec. 800.21 [Amended]
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6. Amend Sec. 800.21 by removing ``Subpart B'' and adding in its place
``subpart''.
Sec. 800.22 [Amended]
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7. Amend Sec. 800.22(a)(2) by removing ``sections 304(a)(2) and 307 of
the Independent Safety Board Act of 1974 (49 U.S.C. 1131(d) and
1135(c))'' adding in its place ``49 U.S.C. 1131(e), 1135(c)''.
Sec. 800.24 [Amended]
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8. Amend Sec. 800.24(f) by removing ``the Independent Safety Board Act
of 1974, as amended,'' adding in its place ``49 U.S.C. chapter 11,
subchapter IV,''.
Sec. 800.25 [Amended]
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9. Amend Sec. 800.25 as follows:
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a. In paragraph (c), removing ``Sec. 845.41 of this Chapter'' adding
in its place ``Sec. 845.32 of this chapter''.
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b. In paragraph (d), removing ``Sec. 304(a) of the Independent Safety
Board Act of 1974, as amended (49 U.S.C. 1131(a)) and the Appendix to
this Part'' adding in its place ``49 U.S.C. 1131 and the appendix to
this part''.
Sec. 800.26 [Amended]
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10. Amend Sec. 800.26 by removing ``board'' and adding in its place
``Board''.
Sec. 800.27 [Amended]
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11. Amend Sec. 800.27 by removing ``of the Safety Board''.
Subpart C--Procedures for Adoption of Rules
Sec. 800.30 [Amended]
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12. Amend Sec. 800.30 by removing ``1101-1155'' and adding in its
place ``1113(f)''.
Sec. 800.31 [Amended]
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13. Amend Sec. 800.31 by removing ``deemed relevant by the NTSB
relating to rulemaking'' and adding in its place ``relevant to NTSB
rulemaking''.
Sec. 800.33 [Amended]
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14. Amend Sec. 800.33 by removing ``551'' and adding in its place
``553''.
Sec. 800.35 [Amended]
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15. Amend Sec. 800.35(a) by:
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a. Removing ``in rulemaking'' and adding in its place ``in a
rulemaking''; and
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b. Removing ``comments in writing containing'' adding in its place
``written comments,''.
Sec. 800.41 [Amended]
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16. Amend Sec. 800.41 by removing ``unless all persons subject to it
are named and are personally served with a copy of it''.
PART 803--OFFICIAL SEAL
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17. The authority citation for part 803 is revised to read as follows:
Authority: 49 U.S.C. 1111(j), 1113(f).
Sec. 803.3 [Amended]
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18. Amend Sec. 803.3 by removing ``Bureau'' everywhere it appears and
adding in its place ``Office''.
Sec. 803.5 [Amended]
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19. Amend Sec. 803.5(c) by:
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a. Removing ``Bureau'' and adding in its place ``Office'';
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b. Removing ``800 Independence Avenue'' and adding in its place ``490
L'Enfant Plaza''; and
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c. Adding ``-003'' after ``20594''.
PART 804--RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT
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20. The authority citation for part 804 is revised to read as follows:
Authority: 5 U.S.C. 552b; 49 U.S.C. 1113(f).
Sec. 804.1 [Amended]
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21. Amend Sec. 804.1(b) by removing ``the NTSB regulations (49 CFR
part 801)'' and adding in its place ``this chapter''.
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22. Revise Sec. 804.5(d) to read as follows:
Sec. 804.5 Ground on which meetings may be closed or information may
be withheld.
* * * * *
(d) Disclose trade secrets or privileged or confidential commercial
or financial information obtained from a person;
* * * * *
Sec. 804.6 [Amended]
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23. Amend Sec. 804.6(b) by:
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a. Removing ``800 Independence Avenue'' and adding in its place ``490
L''Enfant Plaza''; and
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b. Adding ``-003'' after ``20594''.
Sec. 804.7 [Amended]
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24. Amend Sec. 804.7(b)(2) by removing ``be'' and adding in its place
``is''.
Sec. 804.10 [Amended]
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25. Amend Sec. 804.10 by removing ``the NTSB shall maintain'' and
adding in its place ``The NTSB shall maintain''.
David Tochen,
General Counsel.
[FR Doc. 2016-26232 Filed 10-31-16; 8:45 am]
BILLING CODE 7533-01-P
