80_FR_14392 80 FR 14339 - Rules of Practice in Transportation: Investigative Hearings; Meetings; Reports; and Petitions for Reconsideration

80 FR 14339 - Rules of Practice in Transportation: Investigative Hearings; Meetings; Reports; and Petitions for Reconsideration

NATIONAL TRANSPORTATION SAFETY BOARD

Federal Register Volume 80, Issue 53 (March 19, 2015)

Page Range14339-14344
FR Document2015-06187

The NTSB is proposing to amend provisions within its regulations, which contains the NTSB's procedures for holding investigative hearings, various types of meetings, issuing reports, and responding to petitions for reconsideration. This notice proposes a number of substantive and technical changes. In particular, the NTSB proposes to reorganize parts of its regulations into different subparts to ensure the part is easy to follow.

Federal Register, Volume 80 Issue 53 (Thursday, March 19, 2015)
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Proposed Rules]
[Pages 14339-14344]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06187]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 845

RIN 3147-AA02
[Docket No. NTSB-GC-2012-0002]


Rules of Practice in Transportation: Investigative Hearings; 
Meetings; Reports; and Petitions for Reconsideration

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The NTSB is proposing to amend provisions within its 
regulations, which contains the NTSB's procedures for holding 
investigative hearings, various types of meetings, issuing reports, and 
responding to petitions for reconsideration. This notice proposes a 
number of substantive and technical changes. In particular, the NTSB 
proposes to reorganize parts of its regulations into different subparts 
to ensure the part is easy to follow.

DATES: Comments must be received by May 18, 2015. Comments received 
after the deadline will be considered to the extent possible.

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 http://www.regulations.gov (Docket ID Number NTSB-GC-
2012-0002).
    You may send comments identified by Docket ID Number NTSB-GC-2012-
0002 using any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and 
follow the instructions for sending your comments electronically.
    Mail: Send comments to NTSB Office of General Counsel, 490 L'Enfant 
Plaza SW., Washington, DC 20594-2003.
    Facsimile: Fax comments to 202-314-6090.
    Hand Delivery: Bring comments to 490 L'Enfant Plaza East SW., 6th 
Floor, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information 
provided.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2012, the NTSB published a notice indicating its intent 
to undertake a review of all NTSB regulations to ensure they are 
updated. 77 FR 37865. The NTSB initiated this review in accordance with 
Executive Order 13579, ``Regulation and Independent Regulatory 
Agencies'' (76 FR 41587, July 14, 2011). The purpose of Executive Order 
13579 is to ensure all agencies adhere to the key principles found in 
Executive Order 13563, ``Improving Regulation and Regulatory Review'' 
(76 FR 3821, January 21, 2011), which include promoting public 
participation in rulemaking, improving integration and innovation, 
promoting flexibility and freedom of choice, and ensuring scientific 
integrity during the rulemaking process in order to create a regulatory 
system that protects public health, welfare, safety, and the 
environment while promoting economic growth, innovation, 
competitiveness, and job creation. The NTSB explained in its June 25, 
2012, notice that it is committed to ensuring its regulations remain 
updated and comply with these principles.
    The NTSB's notice concerning its plan for reviewing all NTSB 
regulations indicated the NTSB would specifically conduct a 
comprehensive review of 49 CFR part 831, which describes the NTSB's 
investigative process. The NTSB completed this review and published an 
NPRM proposing various changes to part 831 on August 12, 2014. 79 FR 
47064.
    The NTSB published an additional notice in the Federal Register on 
January 8, 2013, describing the NTSB's plan for updating all 
regulations. 78 FR 1193. In accordance with these two notices published 
in the Federal Register, the NTSB reviewed all sections within 49 CFR 
part 845, in the interest of ensuring they accomplish the objectives 
stated in Executive Order 13563. The NTSB publishes this NPRM in 
accordance with the NTSB's plan.

[[Page 14340]]

II. Description of Changes

    The NTSB proposes reorganizing 49 CFR part 845 and adding two new 
sections to describe Board meetings concerning NTSB products. The 
current version of part 845 consists of three general sections (titled 
``Applicability,'' ``Nature of hearing,'' and ``Sessions open to the 
public'') followed by four subparts (titled ``Initial procedure,'' 
``Conduct of hearing,'' ``Board reports,'' and ``Public record''). The 
NTSB carefully has reviewed part 845 and determined the current format 
could be improved for clarity and ease of understanding. In addition, 
part 845 does not discuss Board meetings concerning investigations and 
NTSB products, even though meetings concerning such topics are a key 
component of the Board's work and provide transparency in agency 
activities and operations. Therefore, the NTSB proposes organizing part 
845 into three subparts, titled ``Investigative hearings,'' 
``Meetings,'' and ``Reports.''
    Subject to a number of proposed changes, this NPRM would maintain 
most of the text from the existing sections addressing investigative 
hearings, which are currently codified at sections 845.2 (``Nature of 
hearing''), 845.3 (``Sessions open to the public''), 845.10 
(``Determination to hold hearing''), 845.11 (``Board of inquiry''), 
845.12 (``Notice of hearing''), 845.13 (``Designation of parties''), 
845.20 (``Powers of chairman of board of inquiry''), 845.21 (``Hearing 
officer''), 845.22 (``Technical panel''), 845.23 (``Prehearing 
conference''), 845.24 (``Right of representation''), 845.25 
(``Examination of witnesses''), 845.26 (``Evidence''), 845.27 
(``Proposed findings''), 845.28 (``Stenographic transcript''), and 
845.29 (``Payment of witnesses''). The NTSB suggests changes to the 
text of these sections, which include changing terminology to describe 
transportation events and substituting ``NTSB'' in place of the term 
``Board,'' unless the term ``Board'' refers to the statutorily 
appointed members of the Board. The NTSB also proposes numbering these 
sections sequentially within the proposed subpart addressing 
investigative hearings.
    In order to ensure the initial sections of part 845 are clear, the 
NTSB proposes removing the term ``formal issues'' from Sec.  845.2, 
which currently states (in part), ``[s]uch hearings are fact-finding 
proceedings with no formal issues and no adverse parties . . .'' The 
term ``formal issues'' is not a legal term of art, and is not defined 
in NTSB regulations. The NTSB does not believe the inclusion of this 
term in Sec.  845.2 is necessary. In addition, the NTSB proposes 
reorganizing the text of Sec.  845.2 to explain the purpose of an 
investigative hearing is to develop further the facts, conditions, and 
circumstances of the transportation event. The NTSB also proposes 
including text stating investigative hearings are not conducted for the 
purpose of determining the rights or liabilities of any person. The 
NTSB proposes this language because, in recent years, witnesses and 
parties who attend investigative hearings have been involved in ongoing 
litigation relating to the subject of a hearing with greater frequency 
or may become involved in litigation. In this section, the NTSB seeks 
to emphasize the purpose of investigative hearings is to obtain 
accurate, complete, and well-documented factual information related to 
NTSB investigations.\1\
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    \1\ Part 845 does not apply to oral arguments before the Board 
under 49 CFR part 821, which governs appeals of aviation certificate 
enforcement actions.
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    In addition, the NTSB proposes removing a sentence from the 
existing version of 845.11 (``Board of inquiry''), which currently 
states, ``[a]ssignment of a Member to serve as the chairman of each 
board of inquiry shall be determined by the Board.'' The NTSB believes 
such assignments are internal agency procedures. As a result, the 
agency does not believe it is necessary to codify a procedure 
specifying how the Board might assign a Member to serve as the chairman 
of each board of inquiry. The NTSB will handle such assignments via 
Board policies.
    As a point of clarification, the NTSB notes it does not suggest 
changes to the text of proposed section Sec.  845.15 (``Payment of 
witnesses''); this text is duplicative of the existing text of Sec.  
845.29. However, the NTSB notes its practice is to pay witnesses who 
would not attend if the agency did not pay the travel expenses 
associated with attendance. In addition, we note the Invitational 
Travel statute, codified at 5 U.S.C. 5703, allows the NTSB to reimburse 
a speaker or witness if the person is providing a direct service to the 
agency for which he or she is not receiving any compensation.
    Regarding the proposed new subpart addressing Board meetings, the 
NTSB proposes two new sections. The first section, to be codified at 
845.20 (``Meetings''), states the Board may hold a meeting when the 
Board determines such a meeting is in the public interest.
    The NTSB also proposes adding Sec.  845.21 (``Symposiums, forums, 
and conferences'') to apply some of the provisions of Sec.  845.20 to 
symposiums, forums, and conferences. The NTSB proposes three paragraphs 
within the new Sec.  845.21, the first of which will provide 
definitions for these three types of proceedings. The NTSB proposes 
adding within paragraph (a) of Sec.  845.21 the statement, ``these 
proceedings are related to transportation safety matters and will be 
convened for the purpose of focusing attention, raising awareness, 
encouraging dialogue, educating the NTSB, or generally advancing or 
developing safety recommendations.'' This proposed version of paragraph 
(a)(2) will also state the ``goals of the proceeding will be clearly 
articulated and outlined, and will be consistent with the mission of 
the NTSB.'' The NTSB also proposes adding paragraph (b) within Sec.  
845.21, to clarify a quorum of the Board is not required to participate 
in symposiums, forums, or conferences.
    Also in paragraph (b), the NTSB proposes adding a statement that 
symposiums, forums, and conferences are not intended to be used as a 
means to obtain evidence or establish facts for a particular NTSB 
investigation. The NTSB expects this language will provide clarity to 
potential participants or people who are interested in attending an 
NTSB symposium, forum, or conference. The proposed language also 
provides the proceedings may have a relationship to previous, ongoing, 
or future investigative activities, the purpose of which is to provide 
supporting and collaborative information, but not to obtain direct 
evidence for a specific investigation.
    Following paragraph (b), the NTSB proposes paragraph (c), which 
simply states participation in a symposium, forum, or conference is 
voluntary. This statement will clarify the NTSB will not issue a 
subpoena for attendance at such proceedings. The paragraphs within 
Sec.  845.21 will function to educate the public and the transportation 
community that the NTSB may hold forums, symposiums, and conferences, 
to fulfill Congress's intent of ensuring NTSB staff and Board Members 
remain educated and adhere to a well-rounded approach for improving 
transportation safety in a variety of ways.
    In the new subpart C of part 845 (``Reports''), the NTSB proposes 
keeping the text of existing Sec. Sec.  845.40 (currently titled 
``Accident report''), 845.41 (``Petitions for reconsideration or 
modification''), 845.50 (``Public dockets''), and 845.51 
(``Investigation to remain open'') largely unchanged, but updating the 
terminology in these sections, and re-codifying them with

[[Page 14341]]

sequential numbers beginning at Sec.  845.30.
    In Sec.  845.30, to be titled, ``Board products,'' the NTSB 
proposes maintaining essentially unchanged within paragraph (a) the 
text currently in Sec.  845.40(a), which describes reports. The NTSB 
proposes adding language to Sec.  845.30(a)(2) pointing out the Board, 
consistent with longstanding agency process and procedure, allows the 
appropriate office director to issue a brief, which will include the 
probable cause and relevant facts, conditions, and circumstances 
concerning the event investigated. The Board has delegated to office 
directors the authority to issue such determinations in 49 CFR 800.25. 
Section 845.30(a)(2), as proposed, includes a description of ``brief'' 
as a document that includes the probable cause and relevant facts, 
conditions, and circumstances. The proposed language includes a 
citation to Sec.  800.25, which provides office directors the authority 
to determine the probable cause by issuing such briefs. In addition, 
the NTSB proposes adding a new paragraph to Sec.  845.30 to describe 
safety recommendations, which the Board may adopt and issue as a stand-
alone Board product outside the context of a specific report or other 
type of Board product.
    The NTSB proposes including the section discussing public dockets 
immediately following the section describing reports and briefs, as 
NTSB public dockets contain information supporting the statements in 
reports and briefs. Within Sec.  845.31, the NTSB proposes only a few 
minor changes, such as including a reference to the definition of 
``public docket'' in Sec.  801.3 of this chapter, and removing the term 
``accident,'' to ensure consistency with the NTSB's Notice of Proposed 
Rulemaking for changes to 49 CFR part 831.\2\ The NTSB also proposes 
updating paragraph (c), which advises the public of how it might access 
material in the public docket. The NTSB places public dockets on its 
Web page at www.ntsb.gov, to allow the public to download them free of 
charge. Therefore, the NTSB proposes adding its Web site link to Sec.  
845.31(c).
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    \2\ 79 FR 47064 (Aug. 12, 2014). The NPRM concerning proposed 
changes to 49 CFR part 831 explained the NTSB's proposal to modify 
its terminology within its regulations by utilizing the term 
``event,'' and, in some sections, other descriptive terms. Id. at 
47065.
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    The NTSB proposes moving the section currently located at 49 CFR 
845.41 (``Petitions for reconsideration or modification'') to Sec.  
845.32. The NTSB also proposes organizing this section with headings 
for each paragraph, to ensure the public and interested parties can 
easily follow it. The first proposed heading will be titled 
``requirements,'' and will state the requirements applicable to 
submissions of petitions for reconsideration or modification currently 
listed in scattered places within Sec.  845.41. Therefore, the 
``requirements'' paragraph (Sec.  845.32(a)) will state only 
individuals or entities having a ``direct interest'' in the 
investigation may submit petitions. The paragraph will also require 
petitions be in writing and be based on the discovery of new evidence 
or a showing the Board's findings were erroneous.
    The NTSB proposes titling the second paragraph as ``acceptance of 
petitions,'' which will include some of the same text as is currently 
located in Sec.  845.41. The NTSB, however, proposes to delete the 
statement the Board will not consider petitions filed by an individual 
or entity who could have submitted proposed findings, as described in 
the current version of Sec.  845.27. Individuals and entities have 
interpreted Sec.  845.41 to mean they cannot submit a petition for 
reconsideration. Under the current text, if the individual or entity 
failed to submit a comment, the individual or entity would ostensibly 
waive the right to petition the Board for reconsideration. However, the 
NTSB is unlikely to prohibit such an individual or entity from later 
filing a petition for reconsideration. As a result, in the proposed 
version of Sec.  845.13, the NTSB removes the statement that it will 
not consider petitions for reconsideration from an individual or entity 
who could have submitted proposed findings.
    The NTSB also proposes retaining the requirement that any 
individual or entity filing a petition for reconsideration or 
modification submit with its petition proof it served the petition on 
all parties to the investigation or investigative hearing. The 
paragraph will also include the deadline of 90 days, within which 
interested individuals or entities may file comments to the petition. 
These provisions within the ``proof of service'' paragraph are 
currently located at 49 CFR 845.41(b) of the NTSB's regulations.
    Lastly, the NTSB proposes titling Sec.  845.32(d) ``oral 
presentation.'' The current version of Sec.  845.41(c) includes the 
same provisions as this new paragraph, but dividing it into two 
portions, the first of which states oral presentation will not normally 
be a part of the proceedings within part 845, and the second of which 
states the Board, upon granting a request for an oral presentation, 
will specify which issues will be addressed at the presentation. The 
NTSB believes dividing this paragraph into two numbered sentences, as 
well as using the term ``party or interested person,'' will provide 
greater clarity.
    The NTSB proposes moving Sec.  845.51 (``Investigation to remain 
open'') to Sec.  845.33. The NTSB plans to retain the title 
``investigation to remain open,'' with the addition of the word 
``event.''

III. Regulatory Analysis

    This NPRM 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 proposed rule under Executive Order 12866. 
Likewise, this proposed 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 NPRM 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 NPRM 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 NPRM will 
have a substantial, direct effect on state or local governments or will 
preempt state law; as such, this NPRM does not have implications for 
federalism under Executive Order 13132, Federalism. This NPRM 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 NPRM 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 
NPRM does not contravene any of the

[[Page 14342]]

requirements set forth in these Executive Orders or statutes, nor does 
this NPRM prompt further consideration with regard to such 
requirements.
    The NTSB invites comments relating to any of the foregoing 
determinations and notes the most helpful comments reference a specific 
portion of the proposal, explain the reason for any recommended change, 
and include supporting data.

List of Subjects in 49 CFR Part 845

    Administrative practice and procedure, Investigations, Organization 
and functions (Government agencies), Reporting and recordkeeping 
requirements, Safety, Transportation.
    For the reasons discussed in the preamble, the NTSB proposes to 
amend 49 CFR part 845 as follows:

Title 49--Transportation

PART 845--RULES OF PRACTICE IN TRANSPORTATION: INVESTIGATIVE 
HEARINGS; MEETINGS; AND REPORTS; PETITIONS FOR RECONSIDERATION

0
1. The authority citation for 49 CFR part 845 is revised to read as 
follows:

    Authority: Sec. 515, Pub. L. 106-554, App. C, 114 Stat. 2763, 
2763A-153 (44 U.S.C. 3516 note); 49 U.S.C. 1112, 1113(f), 1116, 
1131, unless otherwise noted.

0
2. Revise part 845 to read as follows:
845.1 Applicability of part.
Subpart A--Investigative Hearings
845.2 Investigative hearings.
845.3 Sessions open to the public.
845.4 Determination to hold hearing.
845.5 Board of inquiry.
845.6 Designation of parties.
845.7 Hearing officer.
845.8 Technical panel.
845.9 Prehearing conference.
845.10 Right of representation.
845.11 Examination of witnesses.
845.12 Evidence.
845.13 Proposed findings.
845.14 Transcript.
845.15 Payment of witnesses.
Subpart B--Meetings
845.20 Meetings.
845.21 Symposiums, forums, and conferences.
Subpart C--Miscellaneous Provisions
845.30 Board products.
845.31 Public docket.
845.32 Petitions for reconsideration or modification of report.
845.33 Investigation to remain open.

PART 845--RULES OF PRACTICE IN TRANSPORTATION: INVESTIGATIVE 
HEARINGS; MEETINGS; AND REPORTS; PETITIONS FOR RECONSIDERATION


Sec.  845.1  Applicability.

    Unless otherwise specifically ordered by the National 
Transportation Safety Board (NTSB), the provisions of this part shall 
govern all NTSB proceedings conducted under the authority of 49 U.S.C. 
1113 and 1131, and reports issued by the Board.

Subpart A--Investigative Hearings


Sec.  845.2  Investigative hearings.

    Investigative hearings are convened to assist the NTSB in further 
developing the facts, conditions, and circumstances of the 
transportation event, which will ultimately assist the Board in 
determining the cause or probable cause of the event, and in 
ascertaining measures that will tend to prevent such events and promote 
transportation safety. Investigative hearings are fact-finding 
proceedings with no adverse parties. They are not subject to the 
provisions of the Administrative Procedure Act (5 U.S.C. 554), and are 
not conducted for the purpose of determining the rights, liabilities, 
or blame of any person or entity.


Sec.  845.3  Sessions open to the public.

    (a) All investigative hearings shall normally be open to the 
public. However, no person shall be allowed at any time to interfere 
with the proper and orderly functioning of the hearing.
    (b) Sessions shall not be open to the public when evidence of a 
classified nature or which affects national security is to be received.


Sec.  845.4  Determination to hold hearing.

    (a) The Board may order an investigative hearing as part of an 
investigation whenever a hearing is deemed necessary in the public 
interest.
    (b) If a quorum of the Board is not immediately available, the 
determination to hold an investigative hearing may be made by the 
Chairman of the Board.


Sec.  845.5  Board of inquiry.

    (a) Composition of board of inquiry. The board of inquiry shall 
consist of a chairman of the board of inquiry, as specified in 
paragraph (c) of this section, and other members in accordance with 
Board policy.
    (b) Duties of board of inquiry. The board of inquiry shall examine 
witnesses and secure, in the form of a public record, facts pertaining 
to the event under investigation and surrounding circumstances and 
conditions from which the Board may determine probable cause and may 
formulate recommendations and/or other documents for corrective or 
preventative action.
    (c) Chairman of board of inquiry.
    (1) The NTSB will provide notice of the time and place of the 
investigative hearing to all known interested persons.
    (2) The chairman of the board of inquiry, or his or her designee, 
shall have the following powers:
    (A) To designate parties to the investigative hearing and revoke 
such designations;
    (B) To open, continue, or adjourn the investigative hearing;
    (C) To determine the admissibility of and to receive evidence and 
to regulate the course of the investigative hearing;
    (D) To dispose of procedural requests or similar matters; and
    (E) To take any other appropriate action to ensure the orderly 
conduct of the investigative hearing.


Sec.  845.6  Designation of parties.

    (a) The chairman of the board of inquiry shall designate as parties 
to the investigative hearing those persons and organizations whose 
participation in the hearing is deemed necessary in the public interest 
and whose special knowledge will contribute to the development of 
pertinent evidence. Parties to the investigative hearing shall be 
represented by suitable representatives who do not occupy legal 
positions.
    (b) No party to the investigation and/or investigative hearing 
shall be represented by any person who also represents claimants or 
insurers. Failure to comply with this provision shall result in loss of 
status as a party to the investigative hearing.


Sec.  845.7  Hearing officer.

    The investigative hearing officer, upon designation by the NTSB 
Chairman, shall have the following powers:
    (a) To give notice concerning the time and place of investigative 
hearing;
    (b) To administer oaths and affirmations to witnesses; and
    (c) To issue subpoenas requiring the attendance and testimony of 
witnesses and production of documents. The investigative hearing 
officer may, in consultation with the chairman of the board of inquiry 
and the Managing Director, add witnesses until the time of the 
prehearing conference.


Sec.  845.8  Technical panel.

    The appropriate office director(s) and/or the hearing officer, in 
consultation

[[Page 14343]]

with the NTSB Managing Director, shall determine if a technical panel 
is needed and, if so, shall designate members of the NTSB technical 
staff to participate in the investigative hearing. Members of the 
technical panel may conduct pre-screening of witnesses through 
interviews, and may take other actions to prepare for the hearing. At 
the hearing, the technical panel will initially examine the witnesses 
through questioning. The technical panel shall examine witnesses and 
secure, in the form of a public record, facts pertaining to the event 
under investigation and surrounding circumstances and conditions.


Sec.  845.9  Prehearing conference.

    (a) Except as provided in paragraph (d) of this section, the 
chairman of the board of inquiry shall hold a prehearing conference 
with the parties to the investigative hearing at a convenient time and 
place prior to the hearing. At the prehearing conference, the parties 
shall be advised of the witnesses to be called at the investigative 
hearing, the areas in which they will be examined, and the exhibits 
that will be offered in evidence.
    (b) At the prehearing conference, parties to the investigative 
hearing shall submit copies of any additional documentary exhibits they 
desire to offer for admission at the hearing.
    (c) A party to the investigative hearing who, at the time of the 
prehearing conference, fails to advise the chairman of the board of 
inquiry of additional exhibits he or she intends to submit, or 
additional witnesses he or she desires to examine, shall be prohibited 
from introducing such evidence unless the chairman of the board of 
inquiry determines for good cause shown that such evidence should be 
admitted.
    (d) Expedited hearings. The board of inquiry may hold an 
investigative hearing on an expedited schedule. The chairman of the 
board of inquiry may hold a prehearing conference for an expedited 
investigative hearing. When an expedited investigative hearing is held, 
the chairman of the board of inquiry may waive the requirements in 
paragraphs (b) and (c) of this section concerning the identification of 
witnesses, exhibits or other evidence.


Sec.  845.10  Right of representation.

    Any person who appears to testify at an investigative hearing has 
the right to be accompanied, represented, or advised by counsel or by 
any other representative.


Sec.  845.11  Examination of witnesses.

    (a) Examination. In general, the technical panel shall initially 
examine witnesses. Following such examination, parties to the 
investigative hearing shall be given the opportunity to examine such 
witnesses. The board of inquiry shall then conclude the examination 
following the parties' questions.
    (b) Objections.
    (1) Materiality, relevancy, and competency of witness testimony, 
exhibits, or physical evidence shall not be the subject of objections 
in the legal sense by a party to the investigative hearing or any other 
person.
    (2) Such matters shall be controlled by rulings of the chairman of 
the board of inquiry on his or her own motion. If the examination of a 
witness by a party to the investigative hearing is interrupted by a 
ruling of the chairman of the board of inquiry, the party shall have 
the opportunity to show materiality, relevancy, or competency of the 
testimony or evidence sought to be elicited from the witness.


Sec.  845.12  Evidence.

    In accordance with Sec.  845.2, the chairman of the board of 
inquiry shall receive all testimony and evidence that may be of aid in 
determining the probable cause of the transportation event. He or she 
may exclude any testimony or exhibits that are not pertinent to the 
investigation or are merely cumulative.


Sec.  845.13  Proposed findings.

    Following the investigative hearing, any party to the hearing may 
submit proposed findings to be drawn from the testimony and exhibits, a 
proposed probable cause, and proposed safety recommendations designed 
to prevent future events. The proposals shall be submitted within the 
time specified by the investigative hearing officer at the close of the 
hearing, and shall be made a part of the public docket. Parties to the 
investigative hearing shall serve copies of their proposals on all 
other parties to the hearing.


Sec.  845.14  Transcript.

    A verbatim report of the investigative hearing shall be taken. Any 
interested person may obtain copies of the transcript from the NTSB or 
from the court reporting firm preparing the transcript upon payment of 
the fees fixed therefor. (See part 801, subpart G, Fee schedule.)


Sec.  845.15  Payment of witnesses.

    Any witness subpoenaed to attend the investigative hearing under 
this part shall be paid such fees for travel and attendance for which 
the hearing officer shall certify.

Subpart B--Meetings


Sec.  845.20  Meetings.

    The Board may hold a meeting concerning an investigation or Board 
product, as described in Sec.  804.3 of this chapter or any other 
circumstance, when the Board determines holding a meeting is in the 
public interest.


Sec.  845.21  Symposiums, forums, and conferences.

    (a)(1) Definitions. (i) A symposium is a public proceeding focused 
on a specific topic, where invited participants provide presentations 
of their research, views or expertise on the topic and are available 
for questions.
    (ii) A forum is a public proceeding generally organized in a 
question-and-answer format with various invited participants who may 
make presentation and are available for questioning by the Board or 
designated NTSB staff as individuals in a panel format.
    (iii) A conference is a large, organized proceeding where 
individuals present materials, and a moderator or chairperson 
facilitates group discussions.
    (2) These proceedings are related to transportation safety matters 
and will be convened for the purpose of focusing attention, raising 
awareness, encouraging dialogue, educating the NTSB, or generally 
advancing or developing safety recommendations. The goals of the 
proceeding will be clearly articulated and outlined, and will be 
consistent with the mission of the NTSB.
    (b) A quorum of Board Members is not required to attend a forum, 
symposium, or conference. All three types of proceedings described in 
paragraph (a) of this section may have a relationship to previous or 
ongoing investigative activities; however, their purpose is not to 
obtain evidence for a specific investigation.
    (c) Symposiums, forums, and conferences are voluntary for all 
invited participants.

Subpart C--Miscellaneous Provisions


Sec.  845.30  Board products.

    (a) Reports of investigations. (1) The Board will adopt a report on 
the investigation. The report will set forth the relevant facts, 
conditions and circumstances relating to the event and the probable 
cause thereof, along with any appropriate safety recommendations and/or 
safety alerts formulated on the basis of the

[[Page 14344]]

investigation. The scope and format of the report will be determined in 
accordance with Board procedures.
    (2) The probable cause and facts, conditions, and circumstances of 
other events will be reported in a manner and form prescribed by the 
Board. The NTSB allows the appropriate office director, under his or 
her delegated authority as described in Sec.  800.25 of this chapter, 
to issue a ``brief,'' which includes the probable cause and relevant 
facts, conditions, and circumstances concerning the event. In 
particular circumstances, the Board in its discretion may choose to 
approve a brief. Such briefs do not include recommendations.
    (b) NTSB studies and reports. (1) The NTSB may issue reports 
describing investigations of more than one event that share 
commonalities. Such reports are similar to event investigation reports, 
as described in paragraph (a)(1) of this section. Such reports often 
include safety recommendations and/or safety alerts, which the Board 
adopts.
    (2) Safety studies and reports. The NTSB issues safety studies and 
reports, which usually examine safety concerns that require the 
investigation of a number of related events to determine the extent and 
severity of the safety issues. Such studies and reports often include 
safety recommendations and/or safety alerts, which the Board adopts.
    (c) Safety recommendations. The Board may adopt and issue safety 
recommendations, either as part of a Board report or as a stand-alone 
Board product.


Sec.  845.31  Public docket.

    (a) Investigations. (1) As described in Sec.  801.3 of this 
chapter, the public docket shall include factual information concerning 
the event. Proposed findings submitted pursuant to Sec. Sec.  831.14 or 
845.13 and petitions for reconsideration and modification submitted 
pursuant to Sec.  845.32, comments thereon by other parties, and the 
Board's rulings on proposed findings and petitions shall also be placed 
in the public docket.
    (2) The NTSB shall establish the public docket following the event, 
and material shall be added thereto as it becomes available. Where an 
investigative hearing is held, the exhibits will be introduced into the 
record at the hearing and will be included in the public docket.
    (b) Other Board reports and documents. The NTSB may elect to open 
and place materials in a public docket concerning a safety study or 
report, special investigation report, or other agency product. The NTSB 
will establish the public docket following its issuance of the study or 
report.
    (c) Availability. The public docket shall be made available to any 
person for review, as described in Sec.  801.30 of this chapter. 
Records within the public docket are available at www.ntsb.gov.


Sec.  845.32  Petitions for reconsideration or modification of report.

    (a) Requirements. (1) The Board will only consider petitions for 
reconsideration or modification of findings and determination of 
probable cause from a party or other person having a direct interest in 
an investigation.
    (2) Petitions must be in writing and addressed to the NTSB 
Chairman. Please send your petition via email to 
[email protected]. In the alternative, you may send your petition 
via postal mail to: NTSB Headquarters at 490 L'Enfant Plaza SW., 
Washington, DC 20594.
    (3) Petitions must be based on the discovery of new evidence or on 
a showing that the Board's findings are erroneous.
    (i) Petitions based on the discovery of new matter shall: identify 
the new matter; contain affidavits of prospective witnesses, 
authenticated documents, or both, or an explanation of why such 
substantiation is unavailable; and state why the new matter was not 
available prior to Board's adoption of its findings. (ii) Petitions 
based on a claim of erroneous findings shall set forth in detail the 
grounds upon which the claim is based.
    (b) Acceptance of petitions. The Board will not consider petitions 
that are repetitious of proposed findings submitted pursuant to Sec.  
845.13, or of positions previously advanced.
    (c) Proof of service. (1) When a petition for reconsideration or 
modification is filed with the Board, copies of the petition and any 
supporting documentation shall be served on all other parties to the 
investigation or investigative hearing and proof of service shall be 
attached to the petition. (2) Any party served with a copy of the 
petition may file comments no later than 90 days after service of the 
petition.
    (d) Oral presentation. Oral presentation normally will not form a 
part of proceedings under this section. However, oral presentation may 
be permitted where a party or interested person specifically shows the 
written petition for reconsideration or modification is an insufficient 
means by which to present the party's or person's position.


Sec.  845.33  Investigation to remain open.

    The Board never officially closes, but provides for the submission 
of new and pertinent evidence by any interested person. If the Board 
finds such evidence is relevant and probative, the evidence shall be 
made a part of the public docket and, where appropriate, the Board will 
provide parties an opportunity to examine such evidence and to comment 
thereon.

Christopher A. Hart,
Acting Chairman.
[FR Doc. 2015-06187 Filed 3-18-15; 8:45 am]
 BILLING CODE 7533-01-P



                                                                        Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules                                          14339

                                                 Higbee, Environmental Protection                        permits, Reporting and recordkeeping                  Washington, DC, between 9 a.m. and 5
                                                 Agency, Air Planning and Development                    requirements.                                         p.m., Monday through Friday, except
                                                 Branch, 11201 Renner Boulevard,                          Dated: March 4, 2015.                                Federal holidays.
                                                 Lenexa, Kansas 66219. Comments may                      Mark J. Hague,
                                                                                                                                                                 For more information on the
                                                 also be submitted electronically or                                                                           rulemaking process, see the
                                                                                                         Acting Regional Administrator, Region 7.
                                                 through hand delivery/courier by                                                                              SUPPLEMENTARY INFORMATION section of
                                                 following the detailed instructions in                  [FR Doc. 2015–06126 Filed 3–18–15; 8:45 am]
                                                                                                                                                               this document.
                                                 the ADDRESSES section of the direct final               BILLING CODE 6560–50–P                                  Privacy: We will post all comments
                                                 rule located in the rules section of this                                                                     we receive, without change, to http://
                                                 Federal Register.                                                                                             www.regulations.gov, including any
                                                 FOR FURTHER INFORMATION CONTACT:                        NATIONAL TRANSPORTATION                               personal information provided.
                                                 Paula Higbee, Environmental Protection                  SAFETY BOARD                                          FOR FURTHER INFORMATION CONTACT:
                                                 Agency, Air Planning and Development                                                                          David Tochen, General Counsel, (202)
                                                 Branch, 11201 Renner Boulevard,                         49 CFR Part 845
                                                                                                                                                               314–6080.
                                                 Lenexa, Kansas 66219 at (913) 551–                      RIN 3147–AA02                                         SUPPLEMENTARY INFORMATION:
                                                 7028, or by email at higbee.paula@
                                                                                                         [Docket No. NTSB–GC–2012–0002]                        I. Background
                                                 epa.gov.
                                                 SUPPLEMENTARY INFORMATION: In the                       Rules of Practice in Transportation:                     On June 25, 2012, the NTSB
                                                 final rules section of the Federal                      Investigative Hearings; Meetings;                     published a notice indicating its intent
                                                 Register, EPA is approving the state’s                  Reports; and Petitions for                            to undertake a review of all NTSB
                                                 SIP and Title V revisions to 10 C.S.R.                  Reconsideration                                       regulations to ensure they are updated.
                                                 10–6.110 ‘‘Reporting Emission Data,                                                                           77 FR 37865. The NTSB initiated this
                                                 Emission Fees, and Process                              AGENCY: National Transportation Safety                review in accordance with Executive
                                                 Information’’ as a direct final rule                    Board (NTSB).                                         Order 13579, ‘‘Regulation and
                                                 without prior proposal because the                      ACTION: Notice of Proposed Rulemaking.                Independent Regulatory Agencies’’ (76
                                                 Agency views this as a noncontroversial                                                                       FR 41587, July 14, 2011). The purpose
                                                 revision amendment and anticipates no                   SUMMARY:   The NTSB is proposing to                   of Executive Order 13579 is to ensure all
                                                 relevant adverse comments to this                       amend provisions within its regulations,              agencies adhere to the key principles
                                                 action. A detailed rationale for the                    which contains the NTSB’s procedures                  found in Executive Order 13563,
                                                 approval is set forth in the direct final               for holding investigative hearings,                   ‘‘Improving Regulation and Regulatory
                                                 rule. If no relevant adverse comments                   various types of meetings, issuing                    Review’’ (76 FR 3821, January 21, 2011),
                                                 are received in response to this action,                reports, and responding to petitions for              which include promoting public
                                                 no further activity is contemplated in                  reconsideration. This notice proposes a               participation in rulemaking, improving
                                                 relation to this action. If EPA receives                number of substantive and technical                   integration and innovation, promoting
                                                 relevant adverse comments, the direct                   changes. In particular, the NTSB                      flexibility and freedom of choice, and
                                                 final rule will be withdrawn and all                    proposes to reorganize parts of its                   ensuring scientific integrity during the
                                                 public comments received will be                        regulations into different subparts to                rulemaking process in order to create a
                                                 addressed in a subsequent final rule                    ensure the part is easy to follow.                    regulatory system that protects public
                                                 based on this proposed action. EPA will                 DATES: Comments must be received by                   health, welfare, safety, and the
                                                 not institute a second comment period                   May 18, 2015. Comments received after                 environment while promoting economic
                                                 on this action. Any parties interested in               the deadline will be considered to the                growth, innovation, competitiveness,
                                                 commenting on this action should do so                  extent possible.                                      and job creation. The NTSB explained
                                                 at this time. Please note that if EPA                   ADDRESSES: A copy of this NPRM,                       in its June 25, 2012, notice that it is
                                                 receives adverse comment on part of                     published in the Federal Register (FR),               committed to ensuring its regulations
                                                 this rule and if that part can be severed               is available for inspection and copying               remain updated and comply with these
                                                 from the remainder of the rule, EPA may                 in the NTSB’s public reading room,                    principles.
                                                 adopt as final those parts of the rule that             located at 490 L’Enfant Plaza SW.,                       The NTSB’s notice concerning its
                                                 are not the subject of an adverse                       Washington, DC 20594–2003.                            plan for reviewing all NTSB regulations
                                                 comment. For additional information,                    Alternatively, a copy is available on the             indicated the NTSB would specifically
                                                 see the direct final rule which is located              government-wide Web site on                           conduct a comprehensive review of 49
                                                 in the rules section of this Federal                    regulations at http://                                CFR part 831, which describes the
                                                 Register.                                               www.regulations.gov (Docket ID Number                 NTSB’s investigative process. The NTSB
                                                 List of Subjects                                        NTSB–GC–2012–0002).                                   completed this review and published an
                                                                                                            You may send comments identified                   NPRM proposing various changes to
                                                 40 CFR Part 52                                          by Docket ID Number NTSB–GC–2012–                     part 831 on August 12, 2014. 79 FR
                                                   Environmental protection, Air                         0002 using any of the following                       47064.
                                                 pollution control, Carbon monoxide,                     methods:                                                 The NTSB published an additional
                                                 Incorporation by reference,                                Federal eRulemaking Portal: Go to                  notice in the Federal Register on
                                                 Intergovernmental relations, Lead,                      http://www.regulations.gov and follow                 January 8, 2013, describing the NTSB’s
                                                 Nitrogen dioxide, Ozone, Particulate                    the instructions for sending your                     plan for updating all regulations. 78 FR
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                                                 matter, Reporting and recordkeeping                     comments electronically.                              1193. In accordance with these two
                                                 requirements, Sulfur oxides, Volatile                      Mail: Send comments to NTSB Office                 notices published in the Federal
                                                 organic compounds.                                      of General Counsel, 490 L’Enfant Plaza                Register, the NTSB reviewed all
                                                                                                         SW., Washington, DC 20594–2003.                       sections within 49 CFR part 845, in the
                                                 40 CFR Part 70                                             Facsimile: Fax comments to 202–314–                interest of ensuring they accomplish the
                                                   Administrative practice and                           6090.                                                 objectives stated in Executive Order
                                                 procedure, Air pollution control,                          Hand Delivery: Bring comments to                   13563. The NTSB publishes this NPRM
                                                 Intergovernmental relations, Operating                  490 L’Enfant Plaza East SW., 6th Floor,               in accordance with the NTSB’s plan.


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                                                 14340                  Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules

                                                 II. Description of Changes                              inclusion of this term in § 845.2 is                   provisions of § 845.20 to symposiums,
                                                    The NTSB proposes reorganizing 49                    necessary. In addition, the NTSB                       forums, and conferences. The NTSB
                                                 CFR part 845 and adding two new                         proposes reorganizing the text of § 845.2              proposes three paragraphs within the
                                                 sections to describe Board meetings                     to explain the purpose of an                           new § 845.21, the first of which will
                                                 concerning NTSB products. The current                   investigative hearing is to develop                    provide definitions for these three types
                                                 version of part 845 consists of three                   further the facts, conditions, and                     of proceedings. The NTSB proposes
                                                 general sections (titled ‘‘Applicability,’’             circumstances of the transportation                    adding within paragraph (a) of § 845.21
                                                 ‘‘Nature of hearing,’’ and ‘‘Sessions                   event. The NTSB also proposes                          the statement, ‘‘these proceedings are
                                                 open to the public’’) followed by four                  including text stating investigative                   related to transportation safety matters
                                                 subparts (titled ‘‘Initial procedure,’’                 hearings are not conducted for the                     and will be convened for the purpose of
                                                 ‘‘Conduct of hearing,’’ ‘‘Board reports,’’              purpose of determining the rights or                   focusing attention, raising awareness,
                                                 and ‘‘Public record’’). The NTSB                        liabilities of any person. The NTSB                    encouraging dialogue, educating the
                                                 carefully has reviewed part 845 and                     proposes this language because, in                     NTSB, or generally advancing or
                                                 determined the current format could be                  recent years, witnesses and parties who                developing safety recommendations.’’
                                                 improved for clarity and ease of                        attend investigative hearings have been                This proposed version of paragraph
                                                 understanding. In addition, part 845                    involved in ongoing litigation relating to             (a)(2) will also state the ‘‘goals of the
                                                 does not discuss Board meetings                         the subject of a hearing with greater                  proceeding will be clearly articulated
                                                 concerning investigations and NTSB                      frequency or may become involved in                    and outlined, and will be consistent
                                                 products, even though meetings                          litigation. In this section, the NTSB                  with the mission of the NTSB.’’ The
                                                 concerning such topics are a key                        seeks to emphasize the purpose of                      NTSB also proposes adding paragraph
                                                 component of the Board’s work and                       investigative hearings is to obtain                    (b) within § 845.21, to clarify a quorum
                                                 provide transparency in agency                          accurate, complete, and well-                          of the Board is not required to
                                                 activities and operations. Therefore, the               documented factual information related                 participate in symposiums, forums, or
                                                 NTSB proposes organizing part 845 into                  to NTSB investigations.1                               conferences.
                                                 three subparts, titled ‘‘Investigative                     In addition, the NTSB proposes                         Also in paragraph (b), the NTSB
                                                 hearings,’’ ‘‘Meetings,’’ and ‘‘Reports.’’              removing a sentence from the existing                  proposes adding a statement that
                                                    Subject to a number of proposed                      version of 845.11 (‘‘Board of inquiry’’),              symposiums, forums, and conferences
                                                 changes, this NPRM would maintain                       which currently states, ‘‘[a]ssignment of              are not intended to be used as a means
                                                 most of the text from the existing                      a Member to serve as the chairman of                   to obtain evidence or establish facts for
                                                 sections addressing investigative                       each board of inquiry shall be                         a particular NTSB investigation. The
                                                 hearings, which are currently codified at               determined by the Board.’’ The NTSB                    NTSB expects this language will
                                                 sections 845.2 (‘‘Nature of hearing’’),                 believes such assignments are internal                 provide clarity to potential participants
                                                 845.3 (‘‘Sessions open to the public’’),                agency procedures. As a result, the                    or people who are interested in
                                                 845.10 (‘‘Determination to hold                         agency does not believe it is necessary                attending an NTSB symposium, forum,
                                                 hearing’’), 845.11 (‘‘Board of inquiry’’),              to codify a procedure specifying how                   or conference. The proposed language
                                                 845.12 (‘‘Notice of hearing’’), 845.13                  the Board might assign a Member to                     also provides the proceedings may have
                                                 (‘‘Designation of parties’’), 845.20                    serve as the chairman of each board of                 a relationship to previous, ongoing, or
                                                 (‘‘Powers of chairman of board of                       inquiry. The NTSB will handle such                     future investigative activities, the
                                                 inquiry’’), 845.21 (‘‘Hearing officer’’),               assignments via Board policies.                        purpose of which is to provide
                                                 845.22 (‘‘Technical panel’’), 845.23                       As a point of clarification, the NTSB               supporting and collaborative
                                                 (‘‘Prehearing conference’’), 845.24                     notes it does not suggest changes to the               information, but not to obtain direct
                                                 (‘‘Right of representation’’), 845.25                   text of proposed section § 845.15                      evidence for a specific investigation.
                                                 (‘‘Examination of witnesses’’), 845.26                  (‘‘Payment of witnesses’’); this text is                  Following paragraph (b), the NTSB
                                                 (‘‘Evidence’’), 845.27 (‘‘Proposed                      duplicative of the existing text of                    proposes paragraph (c), which simply
                                                 findings’’), 845.28 (‘‘Stenographic                     § 845.29. However, the NTSB notes its                  states participation in a symposium,
                                                 transcript’’), and 845.29 (‘‘Payment of                 practice is to pay witnesses who would                 forum, or conference is voluntary. This
                                                 witnesses’’). The NTSB suggests changes                 not attend if the agency did not pay the               statement will clarify the NTSB will not
                                                 to the text of these sections, which                    travel expenses associated with                        issue a subpoena for attendance at such
                                                 include changing terminology to                         attendance. In addition, we note the                   proceedings. The paragraphs within
                                                 describe transportation events and                      Invitational Travel statute, codified at 5             § 845.21 will function to educate the
                                                 substituting ‘‘NTSB’’ in place of the                   U.S.C. 5703, allows the NTSB to                        public and the transportation
                                                 term ‘‘Board,’’ unless the term ‘‘Board’’               reimburse a speaker or witness if the                  community that the NTSB may hold
                                                 refers to the statutorily appointed                     person is providing a direct service to                forums, symposiums, and conferences,
                                                 members of the Board. The NTSB also                     the agency for which he or she is not                  to fulfill Congress’s intent of ensuring
                                                 proposes numbering these sections                       receiving any compensation.                            NTSB staff and Board Members remain
                                                                                                            Regarding the proposed new subpart                  educated and adhere to a well-rounded
                                                 sequentially within the proposed
                                                                                                         addressing Board meetings, the NTSB                    approach for improving transportation
                                                 subpart addressing investigative
                                                                                                         proposes two new sections. The first                   safety in a variety of ways.
                                                 hearings.
                                                                                                         section, to be codified at 845.20
                                                    In order to ensure the initial sections                                                                        In the new subpart C of part 845
                                                                                                         (‘‘Meetings’’), states the Board may hold
                                                 of part 845 are clear, the NTSB proposes                                                                       (‘‘Reports’’), the NTSB proposes keeping
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                                                                                                         a meeting when the Board determines
                                                 removing the term ‘‘formal issues’’ from                                                                       the text of existing §§ 845.40 (currently
                                                                                                         such a meeting is in the public interest.
                                                 § 845.2, which currently states (in part),                                                                     titled ‘‘Accident report’’), 845.41
                                                                                                            The NTSB also proposes adding
                                                 ‘‘[s]uch hearings are fact-finding                                                                             (‘‘Petitions for reconsideration or
                                                                                                         § 845.21 (‘‘Symposiums, forums, and
                                                 proceedings with no formal issues and                                                                          modification’’), 845.50 (‘‘Public
                                                                                                         conferences’’) to apply some of the
                                                 no adverse parties . . .’’ The term                                                                            dockets’’), and 845.51 (‘‘Investigation to
                                                 ‘‘formal issues’’ is not a legal term of art,             1 Part 845 does not apply to oral arguments before   remain open’’) largely unchanged, but
                                                 and is not defined in NTSB regulations.                 the Board under 49 CFR part 821, which governs         updating the terminology in these
                                                 The NTSB does not believe the                           appeals of aviation certificate enforcement actions.   sections, and re-codifying them with


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                                                                         Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules                                         14341

                                                 sequential numbers beginning at                         can easily follow it. The first proposed              paragraph into two numbered sentences,
                                                 § 845.30.                                               heading will be titled ‘‘requirements,’’              as well as using the term ‘‘party or
                                                    In § 845.30, to be titled, ‘‘Board                   and will state the requirements                       interested person,’’ will provide greater
                                                 products,’’ the NTSB proposes                           applicable to submissions of petitions                clarity.
                                                 maintaining essentially unchanged                       for reconsideration or modification                      The NTSB proposes moving § 845.51
                                                 within paragraph (a) the text currently                 currently listed in scattered places                  (‘‘Investigation to remain open’’) to
                                                 in § 845.40(a), which describes reports.                within § 845.41. Therefore, the                       § 845.33. The NTSB plans to retain the
                                                 The NTSB proposes adding language to                    ‘‘requirements’’ paragraph (§ 845.32(a))              title ‘‘investigation to remain open,’’
                                                 § 845.30(a)(2) pointing out the Board,                  will state only individuals or entities               with the addition of the word ‘‘event.’’
                                                 consistent with longstanding agency                     having a ‘‘direct interest’’ in the                   III. Regulatory Analysis
                                                 process and procedure, allows the                       investigation may submit petitions. The
                                                 appropriate office director to issue a                  paragraph will also require petitions be                 This NPRM is not a ‘‘significant
                                                 brief, which will include the probable                  in writing and be based on the discovery              regulatory action’’ under section 3(f) of
                                                 cause and relevant facts, conditions, and               of new evidence or a showing the                      Executive Order 12866, Regulatory
                                                 circumstances concerning the event                      Board’s findings were erroneous.                      Planning and Review, and does not
                                                 investigated. The Board has delegated to                   The NTSB proposes titling the second               require an assessment of the potential
                                                 office directors the authority to issue                 paragraph as ‘‘acceptance of petitions,’’             costs and benefits under section 6(a)(3)
                                                 such determinations in 49 CFR 800.25.                   which will include some of the same                   of that Order. As such, the Office of
                                                 Section 845.30(a)(2), as proposed,                      text as is currently located in § 845.41.             Management and Budget has not
                                                 includes a description of ‘‘brief’’ as a                The NTSB, however, proposes to delete                 reviewed this proposed rule under
                                                 document that includes the probable                     the statement the Board will not                      Executive Order 12866. Likewise, this
                                                 cause and relevant facts, conditions, and               consider petitions filed by an individual             proposed rule does not require an
                                                 circumstances. The proposed language                    or entity who could have submitted                    analysis under the Unfunded Mandates
                                                 includes a citation to § 800.25, which                  proposed findings, as described in the                Reform Act, 2 U.S.C. 1501–1571, or the
                                                 provides office directors the authority to              current version of § 845.27. Individuals              National Environmental Policy Act, 42
                                                 determine the probable cause by issuing                 and entities have interpreted § 845.41 to             U.S.C. 4321–4347.
                                                 such briefs. In addition, the NTSB                      mean they cannot submit a petition for                   In addition, the NTSB has considered
                                                 proposes adding a new paragraph to                      reconsideration. Under the current text,              whether this NPRM would have a
                                                 § 845.30 to describe safety                             if the individual or entity failed to                 significant economic impact on a
                                                 recommendations, which the Board may                    submit a comment, the individual or                   substantial number of small entities,
                                                 adopt and issue as a stand-alone Board                  entity would ostensibly waive the right               under the Regulatory Flexibility Act (5
                                                 product outside the context of a specific               to petition the Board for                             U.S.C. 601–612). The NTSB certifies
                                                 report or other type of Board product.                  reconsideration. However, the NTSB is                 under 5 U.S.C. 605(b) that this NPRM
                                                    The NTSB proposes including the                      unlikely to prohibit such an individual               would not have a significant economic
                                                 section discussing public dockets                       or entity from later filing a petition for            impact on a substantial number of small
                                                 immediately following the section                       reconsideration. As a result, in the                  entities. Moreover, in accordance with 5
                                                 describing reports and briefs, as NTSB                  proposed version of § 845.13, the NTSB                U.S.C. 605(b), the NTSB will submit this
                                                 public dockets contain information                      removes the statement that it will not                certification to the Chief Counsel for
                                                 supporting the statements in reports and                consider petitions for reconsideration                Advocacy at the Small Business
                                                 briefs. Within § 845.31, the NTSB                       from an individual or entity who could                Administration. Moreover, the NTSB
                                                 proposes only a few minor changes,                      have submitted proposed findings.                     does not anticipate this NPRM will have
                                                 such as including a reference to the                       The NTSB also proposes retaining the               a substantial, direct effect on state or
                                                 definition of ‘‘public docket’’ in § 801.3              requirement that any individual or                    local governments or will preempt state
                                                 of this chapter, and removing the term                  entity filing a petition for                          law; as such, this NPRM does not have
                                                 ‘‘accident,’’ to ensure consistency with                reconsideration or modification submit                implications for federalism under
                                                 the NTSB’s Notice of Proposed                           with its petition proof it served the                 Executive Order 13132, Federalism.
                                                 Rulemaking for changes to 49 CFR part                   petition on all parties to the                        This NPRM also complies with all
                                                 831.2 The NTSB also proposes updating                   investigation or investigative hearing.               applicable standards in sections 3(a)
                                                 paragraph (c), which advises the public                 The paragraph will also include the                   and 3(b)(2) of Executive Order 12988,
                                                 of how it might access material in the                  deadline of 90 days, within which                     Civil Justice Reform, to minimize
                                                 public docket. The NTSB places public                   interested individuals or entities may                litigation, eliminate ambiguity, and
                                                 dockets on its Web page at                              file comments to the petition. These                  reduce burden. In addition, the NTSB
                                                 www.ntsb.gov, to allow the public to                    provisions within the ‘‘proof of service’’            has evaluated this NPRM under:
                                                 download them free of charge.                           paragraph are currently located at 49                 Executive Order 12630, Governmental
                                                 Therefore, the NTSB proposes adding its                 CFR 845.41(b) of the NTSB’s                           Actions and Interference with
                                                 Web site link to § 845.31(c).                           regulations.                                          Constitutionally Protected Property
                                                    The NTSB proposes moving the                            Lastly, the NTSB proposes titling                  Rights; Executive Order 13045,
                                                 section currently located at 49 CFR                     § 845.32(d) ‘‘oral presentation.’’ The                Protection of Children from
                                                 845.41 (‘‘Petitions for reconsideration or              current version of § 845.41(c) includes               Environmental Health Risks and Safety
                                                 modification’’) to § 845.32. The NTSB                   the same provisions as this new                       Risks; Executive Order 13175,
                                                 also proposes organizing this section                   paragraph, but dividing it into two                   Consultation and Coordination with
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                                                 with headings for each paragraph, to                    portions, the first of which states oral              Indian Tribal Governments; Executive
                                                 ensure the public and interested parties                presentation will not normally be a part              Order 13211, Actions Concerning
                                                                                                         of the proceedings within part 845, and               Regulations That Significantly Affect
                                                   2 79 FR 47064 (Aug. 12, 2014). The NPRM               the second of which states the Board,                 Energy Supply, Distribution, or Use; and
                                                 concerning proposed changes to 49 CFR part 831          upon granting a request for an oral                   the National Technology Transfer and
                                                 explained the NTSB’s proposal to modify its
                                                 terminology within its regulations by utilizing the
                                                                                                         presentation, will specify which issues               Advancement Act, 15 U.S.C. 272 note.
                                                 term ‘‘event,’’ and, in some sections, other            will be addressed at the presentation.                The NTSB has concluded that this
                                                 descriptive terms. Id. at 47065.                        The NTSB believes dividing this                       NPRM does not contravene any of the


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                                                 14342                  Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules

                                                 requirements set forth in these                         PART 845—RULES OF PRACTICE IN                         surrounding circumstances and
                                                 Executive Orders or statutes, nor does                  TRANSPORTATION: INVESTIGATIVE                         conditions from which the Board may
                                                 this NPRM prompt further consideration                  HEARINGS; MEETINGS; AND                               determine probable cause and may
                                                 with regard to such requirements.                       REPORTS; PETITIONS FOR                                formulate recommendations and/or
                                                   The NTSB invites comments relating                    RECONSIDERATION                                       other documents for corrective or
                                                                                                                                                               preventative action.
                                                 to any of the foregoing determinations                  § 845.1   Applicability.                                (c) Chairman of board of inquiry.
                                                 and notes the most helpful comments                        Unless otherwise specifically ordered                (1) The NTSB will provide notice of
                                                 reference a specific portion of the                     by the National Transportation Safety                 the time and place of the investigative
                                                 proposal, explain the reason for any                    Board (NTSB), the provisions of this                  hearing to all known interested persons.
                                                 recommended change, and include                         part shall govern all NTSB proceedings                  (2) The chairman of the board of
                                                 supporting data.                                        conducted under the authority of 49                   inquiry, or his or her designee, shall
                                                 List of Subjects in 49 CFR Part 845                     U.S.C. 1113 and 1131, and reports                     have the following powers:
                                                                                                         issued by the Board.                                    (A) To designate parties to the
                                                   Administrative practice and                                                                                 investigative hearing and revoke such
                                                 procedure, Investigations, Organization                 Subpart A—Investigative Hearings                      designations;
                                                 and functions (Government agencies),                    § 845.2   Investigative hearings.                       (B) To open, continue, or adjourn the
                                                 Reporting and recordkeeping                                Investigative hearings are convened to             investigative hearing;
                                                 requirements, Safety, Transportation.                   assist the NTSB in further developing                   (C) To determine the admissibility of
                                                                                                         the facts, conditions, and circumstances              and to receive evidence and to regulate
                                                   For the reasons discussed in the                                                                            the course of the investigative hearing;
                                                 preamble, the NTSB proposes to amend                    of the transportation event, which will
                                                                                                         ultimately assist the Board in                          (D) To dispose of procedural requests
                                                 49 CFR part 845 as follows:                                                                                   or similar matters; and
                                                                                                         determining the cause or probable cause
                                                 Title 49—Transportation                                 of the event, and in ascertaining                       (E) To take any other appropriate
                                                                                                         measures that will tend to prevent such               action to ensure the orderly conduct of
                                                 PART 845—RULES OF PRACTICE IN                           events and promote transportation                     the investigative hearing.
                                                 TRANSPORTATION: INVESTIGATIVE                           safety. Investigative hearings are fact-              § 845.6    Designation of parties.
                                                 HEARINGS; MEETINGS; AND                                 finding proceedings with no adverse                     (a) The chairman of the board of
                                                 REPORTS; PETITIONS FOR                                  parties. They are not subject to the                  inquiry shall designate as parties to the
                                                 RECONSIDERATION                                         provisions of the Administrative                      investigative hearing those persons and
                                                                                                         Procedure Act (5 U.S.C. 554), and are                 organizations whose participation in the
                                                 ■ 1. The authority citation for 49 CFR                  not conducted for the purpose of                      hearing is deemed necessary in the
                                                 part 845 is revised to read as follows:                 determining the rights, liabilities, or               public interest and whose special
                                                   Authority: Sec. 515, Pub. L. 106–554, App.            blame of any person or entity.                        knowledge will contribute to the
                                                 C, 114 Stat. 2763, 2763A–153 (44 U.S.C. 3516            § 845.3   Sessions open to the public.                development of pertinent evidence.
                                                 note); 49 U.S.C. 1112, 1113(f), 1116, 1131,                (a) All investigative hearings shall               Parties to the investigative hearing shall
                                                 unless otherwise noted.                                 normally be open to the public.                       be represented by suitable
                                                                                                         However, no person shall be allowed at                representatives who do not occupy legal
                                                 ■   2. Revise part 845 to read as follows:                                                                    positions.
                                                 845.1    Applicability of part.                         any time to interfere with the proper
                                                                                                         and orderly functioning of the hearing.                 (b) No party to the investigation and/
                                                 Subpart A—Investigative Hearings                           (b) Sessions shall not be open to the              or investigative hearing shall be
                                                                                                         public when evidence of a classified                  represented by any person who also
                                                 845.2    Investigative hearings.
                                                 845.3    Sessions open to the public.                   nature or which affects national security             represents claimants or insurers. Failure
                                                 845.4    Determination to hold hearing.                 is to be received.                                    to comply with this provision shall
                                                 845.5    Board of inquiry.                                                                                    result in loss of status as a party to the
                                                                                                         § 845.4   Determination to hold hearing.              investigative hearing.
                                                 845.6    Designation of parties.
                                                 845.7    Hearing officer.                                 (a) The Board may order an
                                                                                                         investigative hearing as part of an                   § 845.7    Hearing officer.
                                                 845.8    Technical panel.
                                                                                                         investigation whenever a hearing is                      The investigative hearing officer,
                                                 845.9    Prehearing conference.
                                                                                                         deemed necessary in the public interest.              upon designation by the NTSB
                                                 845.10    Right of representation.
                                                                                                           (b) If a quorum of the Board is not                 Chairman, shall have the following
                                                 845.11    Examination of witnesses.
                                                                                                         immediately available, the                            powers:
                                                 845.12    Evidence.
                                                                                                         determination to hold an investigative                   (a) To give notice concerning the time
                                                 845.13    Proposed findings.
                                                 845.14    Transcript.                                   hearing may be made by the Chairman                   and place of investigative hearing;
                                                 845.15    Payment of witnesses.                         of the Board.                                            (b) To administer oaths and
                                                                                                                                                               affirmations to witnesses; and
                                                 Subpart B—Meetings                                      § 845.5   Board of inquiry.                              (c) To issue subpoenas requiring the
                                                 845.20 Meetings.                                          (a) Composition of board of inquiry.                attendance and testimony of witnesses
                                                 845.21 Symposiums, forums, and                          The board of inquiry shall consist of a               and production of documents. The
                                                                                                         chairman of the board of inquiry, as                  investigative hearing officer may, in
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                                                     conferences.
                                                                                                         specified in paragraph (c) of this                    consultation with the chairman of the
                                                 Subpart C—Miscellaneous Provisions                      section, and other members in                         board of inquiry and the Managing
                                                 845.30 Board products.                                  accordance with Board policy.                         Director, add witnesses until the time of
                                                 845.31 Public docket.                                     (b) Duties of board of inquiry. The                 the prehearing conference.
                                                 845.32 Petitions for reconsideration or                 board of inquiry shall examine
                                                     modification of report.                             witnesses and secure, in the form of a                § 845.8    Technical panel.
                                                 845.33 Investigation to remain open.                    public record, facts pertaining to the                  The appropriate office director(s) and/
                                                                                                         event under investigation and                         or the hearing officer, in consultation


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                                                                        Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules                                            14343

                                                 with the NTSB Managing Director, shall                  § 845.11    Examination of witnesses.                 attendance for which the hearing officer
                                                 determine if a technical panel is needed                  (a) Examination. In general, the                    shall certify.
                                                 and, if so, shall designate members of                  technical panel shall initially examine
                                                 the NTSB technical staff to participate                 witnesses. Following such examination,                Subpart B—Meetings
                                                 in the investigative hearing. Members of                parties to the investigative hearing shall            § 845.20   Meetings.
                                                 the technical panel may conduct pre-                    be given the opportunity to examine                     The Board may hold a meeting
                                                 screening of witnesses through                          such witnesses. The board of inquiry                  concerning an investigation or Board
                                                 interviews, and may take other actions                  shall then conclude the examination                   product, as described in § 804.3 of this
                                                 to prepare for the hearing. At the                      following the parties’ questions.                     chapter or any other circumstance,
                                                 hearing, the technical panel will                          (b) Objections.                                    when the Board determines holding a
                                                 initially examine the witnesses through                    (1) Materiality, relevancy, and                    meeting is in the public interest.
                                                 questioning. The technical panel shall                  competency of witness testimony,
                                                 examine witnesses and secure, in the                    exhibits, or physical evidence shall not              § 845.21 Symposiums, forums, and
                                                 form of a public record, facts pertaining               be the subject of objections in the legal             conferences.
                                                 to the event under investigation and                    sense by a party to the investigative                    (a)(1) Definitions. (i) A symposium is
                                                 surrounding circumstances and                           hearing or any other person.                          a public proceeding focused on a
                                                 conditions.                                                (2) Such matters shall be controlled               specific topic, where invited
                                                                                                         by rulings of the chairman of the board               participants provide presentations of
                                                 § 845.9    Prehearing conference.                       of inquiry on his or her own motion. If               their research, views or expertise on the
                                                                                                         the examination of a witness by a party               topic and are available for questions.
                                                   (a) Except as provided in paragraph
                                                                                                         to the investigative hearing is                          (ii) A forum is a public proceeding
                                                 (d) of this section, the chairman of the
                                                                                                         interrupted by a ruling of the chairman               generally organized in a question-and-
                                                 board of inquiry shall hold a prehearing
                                                                                                         of the board of inquiry, the party shall              answer format with various invited
                                                 conference with the parties to the                                                                            participants who may make
                                                                                                         have the opportunity to show
                                                 investigative hearing at a convenient                   materiality, relevancy, or competency of              presentation and are available for
                                                 time and place prior to the hearing. At                 the testimony or evidence sought to be                questioning by the Board or designated
                                                 the prehearing conference, the parties                  elicited from the witness.                            NTSB staff as individuals in a panel
                                                 shall be advised of the witnesses to be                                                                       format.
                                                 called at the investigative hearing, the                § 845.12    Evidence.                                    (iii) A conference is a large, organized
                                                 areas in which they will be examined,                     In accordance with § 845.2, the                     proceeding where individuals present
                                                 and the exhibits that will be offered in                chairman of the board of inquiry shall                materials, and a moderator or
                                                 evidence.                                               receive all testimony and evidence that               chairperson facilitates group
                                                   (b) At the prehearing conference,                     may be of aid in determining the                      discussions.
                                                 parties to the investigative hearing shall              probable cause of the transportation                     (2) These proceedings are related to
                                                 submit copies of any additional                         event. He or she may exclude any                      transportation safety matters and will be
                                                 documentary exhibits they desire to                     testimony or exhibits that are not                    convened for the purpose of focusing
                                                 offer for admission at the hearing.                     pertinent to the investigation or are                 attention, raising awareness,
                                                                                                         merely cumulative.                                    encouraging dialogue, educating the
                                                   (c) A party to the investigative hearing                                                                    NTSB, or generally advancing or
                                                 who, at the time of the prehearing                      § 845.13    Proposed findings.
                                                                                                                                                               developing safety recommendations.
                                                 conference, fails to advise the chairman                  Following the investigative hearing,                The goals of the proceeding will be
                                                 of the board of inquiry of additional                   any party to the hearing may submit                   clearly articulated and outlined, and
                                                 exhibits he or she intends to submit, or                proposed findings to be drawn from the                will be consistent with the mission of
                                                 additional witnesses he or she desires to               testimony and exhibits, a proposed                    the NTSB.
                                                 examine, shall be prohibited from                       probable cause, and proposed safety                      (b) A quorum of Board Members is not
                                                 introducing such evidence unless the                    recommendations designed to prevent                   required to attend a forum, symposium,
                                                 chairman of the board of inquiry                        future events. The proposals shall be                 or conference. All three types of
                                                 determines for good cause shown that                    submitted within the time specified by                proceedings described in paragraph (a)
                                                 such evidence should be admitted.                       the investigative hearing officer at the              of this section may have a relationship
                                                   (d) Expedited hearings. The board of                  close of the hearing, and shall be made               to previous or ongoing investigative
                                                 inquiry may hold an investigative                       a part of the public docket. Parties to the           activities; however, their purpose is not
                                                 hearing on an expedited schedule. The                   investigative hearing shall serve copies              to obtain evidence for a specific
                                                 chairman of the board of inquiry may                    of their proposals on all other parties to            investigation.
                                                 hold a prehearing conference for an                     the hearing.                                             (c) Symposiums, forums, and
                                                 expedited investigative hearing. When                                                                         conferences are voluntary for all invited
                                                                                                         § 845.14    Transcript.
                                                 an expedited investigative hearing is                                                                         participants.
                                                                                                            A verbatim report of the investigative
                                                 held, the chairman of the board of
                                                                                                         hearing shall be taken. Any interested                Subpart C—Miscellaneous Provisions
                                                 inquiry may waive the requirements in
                                                                                                         person may obtain copies of the
                                                 paragraphs (b) and (c) of this section                                                                        § 845.30   Board products.
                                                                                                         transcript from the NTSB or from the
                                                 concerning the identification of                                                                                (a) Reports of investigations. (1) The
                                                                                                         court reporting firm preparing the
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                                                 witnesses, exhibits or other evidence.                                                                        Board will adopt a report on the
                                                                                                         transcript upon payment of the fees
                                                 § 845.10    Right of representation.                    fixed therefor. (See part 801, subpart G,             investigation. The report will set forth
                                                                                                         Fee schedule.)                                        the relevant facts, conditions and
                                                   Any person who appears to testify at                                                                        circumstances relating to the event and
                                                 an investigative hearing has the right to               § 845.15    Payment of witnesses.                     the probable cause thereof, along with
                                                 be accompanied, represented, or                           Any witness subpoenaed to attend the                any appropriate safety
                                                 advised by counsel or by any other                      investigative hearing under this part                 recommendations and/or safety alerts
                                                 representative.                                         shall be paid such fees for travel and                formulated on the basis of the


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                                                 14344                  Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules

                                                 investigation. The scope and format of                  establish the public docket following its             § 845.33   Investigation to remain open.
                                                 the report will be determined in                        issuance of the study or report.                         The Board never officially closes, but
                                                 accordance with Board procedures.                          (c) Availability. The public docket                provides for the submission of new and
                                                    (2) The probable cause and facts,                    shall be made available to any person                 pertinent evidence by any interested
                                                 conditions, and circumstances of other                  for review, as described in § 801.30 of               person. If the Board finds such evidence
                                                 events will be reported in a manner and                 this chapter. Records within the public               is relevant and probative, the evidence
                                                 form prescribed by the Board. The                       docket are available at www.ntsb.gov.                 shall be made a part of the public docket
                                                 NTSB allows the appropriate office                                                                            and, where appropriate, the Board will
                                                 director, under his or her delegated                    § 845.32 Petitions for reconsideration or             provide parties an opportunity to
                                                                                                         modification of report.
                                                 authority as described in § 800.25 of this                                                                    examine such evidence and to comment
                                                 chapter, to issue a ‘‘brief,’’ which                       (a) Requirements. (1) The Board will               thereon.
                                                 includes the probable cause and                         only consider petitions for
                                                                                                         reconsideration or modification of                    Christopher A. Hart,
                                                 relevant facts, conditions, and
                                                 circumstances concerning the event. In                  findings and determination of probable                Acting Chairman.
                                                 particular circumstances, the Board in                  cause from a party or other person                    [FR Doc. 2015–06187 Filed 3–18–15; 8:45 am]
                                                 its discretion may choose to approve a                  having a direct interest in an                        BILLING CODE 7533–01–P
                                                 brief. Such briefs do not include                       investigation.
                                                 recommendations.                                           (2) Petitions must be in writing and
                                                    (b) NTSB studies and reports. (1) The                addressed to the NTSB Chairman.                       DEPARTMENT OF THE INTERIOR
                                                 NTSB may issue reports describing                       Please send your petition via email to
                                                 investigations of more than one event                   correspondence@ntsb.gov. In the                       Fish and Wildlife Service
                                                 that share commonalities. Such reports                  alternative, you may send your petition
                                                 are similar to event investigation                      via postal mail to: NTSB Headquarters                 50 CFR Part 17
                                                 reports, as described in paragraph (a)(1)               at 490 L’Enfant Plaza SW., Washington,                [Docket No. FWS–R4–ES–2014–0065;
                                                 of this section. Such reports often                     DC 20594.                                             4500030114]
                                                 include safety recommendations and/or                      (3) Petitions must be based on the
                                                                                                                                                               RIN 1018–BA03
                                                 safety alerts, which the Board adopts.                  discovery of new evidence or on a
                                                    (2) Safety studies and reports. The                  showing that the Board’s findings are                 Endangered and Threatened Wildlife
                                                 NTSB issues safety studies and reports,                 erroneous.                                            and Plants; Designation of Critical
                                                 which usually examine safety concerns                      (i) Petitions based on the discovery of            Habitat for the Black Pinesnake;
                                                 that require the investigation of a                     new matter shall: identify the new                    Correction
                                                 number of related events to determine                   matter; contain affidavits of prospective
                                                 the extent and severity of the safety                   witnesses, authenticated documents, or                AGENCY:   Fish and Wildlife Service,
                                                 issues. Such studies and reports often                  both, or an explanation of why such                   Interior.
                                                 include safety recommendations and/or                   substantiation is unavailable; and state              ACTION: Proposed rule; correction.
                                                 safety alerts, which the Board adopts.                  why the new matter was not available
                                                                                                         prior to Board’s adoption of its findings.            SUMMARY:   We, the U.S. Fish and
                                                    (c) Safety recommendations. The
                                                                                                         (ii) Petitions based on a claim of                    Wildlife Service (Service), published a
                                                 Board may adopt and issue safety
                                                                                                         erroneous findings shall set forth in                 proposed rule in the Federal Register on
                                                 recommendations, either as part of a
                                                                                                         detail the grounds upon which the                     March 11, 2015, to designate critical
                                                 Board report or as a stand-alone Board
                                                                                                         claim is based.                                       habitat for the black pinesnake
                                                 product.
                                                                                                            (b) Acceptance of petitions. The Board             (Pituophis melanoleucus lodingi) under
                                                 § 845.31   Public docket.                               will not consider petitions that are                  the Endangered Species Act of 1973, as
                                                   (a) Investigations. (1) As described in               repetitious of proposed findings                      amended (Act). In that proposed rule,
                                                 § 801.3 of this chapter, the public docket              submitted pursuant to § 845.13, or of                 we provided the wrong address for the
                                                 shall include factual information                       positions previously advanced.                        submission of hard-copy comments.
                                                 concerning the event. Proposed findings                    (c) Proof of service. (1) When a                   With this document, we correct our
                                                 submitted pursuant to §§ 831.14 or                      petition for reconsideration or                       error.
                                                 845.13 and petitions for reconsideration                modification is filed with the Board,                 DATES:  We will accept comments on the
                                                 and modification submitted pursuant to                  copies of the petition and any                        March 11, 2015 (80 FR 12846), proposed
                                                 § 845.32, comments thereon by other                     supporting documentation shall be                     rule that are received or postmarked on
                                                 parties, and the Board’s rulings on                     served on all other parties to the                    or before May 11, 2015.
                                                 proposed findings and petitions shall                   investigation or investigative hearing                ADDRESSES: You may submit comments
                                                 also be placed in the public docket.                    and proof of service shall be attached to             on the March 11, 2015, proposed rule by
                                                   (2) The NTSB shall establish the                      the petition. (2) Any party served with               one of the following methods:
                                                 public docket following the event, and                  a copy of the petition may file                         (1) Electronically: Go to the Federal
                                                 material shall be added thereto as it                   comments no later than 90 days after                  eRulemaking Portal: http://
                                                 becomes available. Where an                             service of the petition.                              www.regulations.gov. In the Search box,
                                                 investigative hearing is held, the                         (d) Oral presentation. Oral                        enter FWS–R4–ES–2014–0065, which is
                                                 exhibits will be introduced into the                    presentation normally will not form a                 the docket number for this rulemaking.
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                                                 record at the hearing and will be                       part of proceedings under this section.               You may submit a comment by clicking
                                                 included in the public docket.                          However, oral presentation may be                     on ‘‘Comment Now!’’
                                                   (b) Other Board reports and                           permitted where a party or interested                   (2) By hard copy: Submit by U.S. mail
                                                 documents. The NTSB may elect to                        person specifically shows the written                 or hand-delivery to: Public Comments
                                                 open and place materials in a public                    petition for reconsideration or                       Processing, Attn: FWS–R4–ES–2014–
                                                 docket concerning a safety study or                     modification is an insufficient means by              0065; Division of Policy, Performance,
                                                 report, special investigation report, or                which to present the party’s or person’s              and Management Programs; U.S. Fish
                                                 other agency product. The NTSB will                     position.                                             and Wildlife Service, MS: BPHC; 5275


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Document Created: 2018-02-21 09:42:32
Document Modified: 2018-02-21 09:42:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of Proposed Rulemaking.
DatesComments must be received by May 18, 2015. Comments received after the deadline will be considered to the extent possible.
ContactDavid Tochen, General Counsel, (202) 314-6080.
FR Citation80 FR 14339 
RIN Number3147-AA02
CFR AssociatedAdministrative Practice and Procedure; Investigations; Organization and Functions (government Agencies); Reporting and Recordkeeping Requirements; Safety and Transportation

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