80_FR_57491 80 FR 57307 - Organization and Functions of the Board and Delegations of Authority

80 FR 57307 - Organization and Functions of the Board and Delegations of Authority

NATIONAL TRANSPORTATION SAFETY BOARD

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range57307-57311
FR Document2015-23608

By this Final Rule, the NTSB adds a new subpart to a part which contains internal rules specific to the NTSB. In publishing a Notice of Proposed Rulemaking (NPRM) in June 2015, the NTSB proposed a new subpart to outline the NTSB's rulemaking procedures.

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57307-57311]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23608]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 800

[Docket No. NTSB-GC-2012-0002]
RIN 3147-AA03


Organization and Functions of the Board and Delegations of 
Authority

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

ACTION: Final rule.

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SUMMARY: By this Final Rule, the NTSB adds a new subpart to a part 
which contains internal rules specific to the NTSB. In publishing a 
Notice of Proposed Rulemaking (NPRM) in June 2015, the NTSB proposed a 
new subpart to outline the NTSB's rulemaking procedures.

DATES: The revisions and additions published in this Final Rule will 
become effective October 23, 2015.

ADDRESSES: A copy of the Final Rule, published in the Federal Register 
(FR), is available for inspection and copying in the NTSB's public 
reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-
2003. Alternatively, a copy of the NPRM is available on the government-
wide Web site on regulations at http://www.regulations.gov (Docket ID 
Number NTSB-GC-2012-0002).

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

SUPPLEMENTARY INFORMATION:

I. Notice of Proposed Rulemaking

    The NTSB issued this NPRM in accordance with its June 25, 2012 
document indicating the agency's 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 document that it is committed to 
ensuring its regulations remain updated and comply with these 
principles. The NTSB published an additional document in the Federal 
Register on January 8, 2013, describing the NTSB's plan for updating 
all regulations. 78 FR 1193. Consistent with Executive Order 13563 and 
in accordance with these two documents published in the Federal 
Register, the NTSB seeks to ensure the public is aware of its 
rulemaking procedures.
    On June 18, 2015, the NTSB published an NPRM inviting public 
comments concerning the NTSB's

[[Page 57308]]

addition of a new subpart within 49 CFR part 800, to outline procedures 
for the adoption of rules, as well as the rulemaking process in 
general. 80 FR 34874. As the NTSB stated in its NPRM, many of the new 
sections we proposed are self-explanatory.
    The NTSB divided its discussion of the proposed additions into five 
segments, the first of which described general rulemaking provisions 
(Sec. Sec.  800.30-800.34), which included proposed rules describing 
the applicability of proposed new subpart C (Procedures for Adoption of 
Rules), the NTSB's public reading room (Sec.  800.31), the act of 
initiating the rulemaking process (Sec.  800.32), as well as notices of 
proposed rulemaking and the contents thereof (Sec. Sec.  800.33 and 
800.34).
    The NTSB also categorized three proposed rules into a segment it 
described as ``public participation'' (Sec. Sec.  800.35-800.38). These 
proposed rules addressed participation of interested persons in the 
NTSB rulemaking process, which include submitting comments; petitions 
for extension of time to comment; the contents of written comments; and 
the NTSB's process for considering the comments it receives in response 
to a publication requesting comments.
    The NTSB described proposed Sec. Sec.  800.39-800.41 within a 
segment titled ``proceedings and documents.'' These proposed sections 
described procedures for additional rulemaking proceedings, hearings, 
and the agency's process for adopting final rules.
    Finally, the NTSB organized its preamble description of the 
remaining sections into segments titled ``petitions for rulemaking'' 
(Sec. Sec.  800.42-800.43), which described the procedure for 
submitting a petition for rulemaking, as well as the agency's 
processing of such petitions; and ``Direct and Interim Final Rules'' 
(Sec. Sec.  800.44-800.45), which proposed to implement procedures for 
promulgating rules that are immediately effective in certain 
circumstances.
    As the NTSB stated in its NPRM, the agency reviewed other agencies' 
rules describing rulemaking procedures, and utilized such rules as a 
model for the proposed new subpart.

II. Comment Received and Response Thereto

    The NTSB received one comment in response to the June 18, 2015 
NPRM, from the Air Line Pilots Association, International (ALPA). The 
comment contained two suggestions, which the NTSB has considered 
carefully. First, ALPA recommends the NTSB utilize the direct final 
rulemaking (DFR) procedure for all its rulemaking projects. Second, 
ALPA suggests the NTSB alter its proposed language in Sec.  800.37 
(``Contents of written comments''), in which we proposed, among other 
requirements, that comments be limited to 15 pages in length. ALPA 
recommends we amend the page limit to be 15 pages unless the NPRM 
itself exceeds 15 pages, in which case we should increase the page 
limit to equal the number of pages of the NPRM.

A. Section 800.33, ``Notice of Proposed Rulemaking.''

    The NTSB appreciates ALPA's feedback concerning the option of 
utilizing the DFR procedure for NTSB rulemakings. The comment was 
succinct, in that it did not provide examples of situations in which 
the organization believes the NTSB might use the DFR procedure in lieu 
of publishing an NPRM and inviting comments from the public. The 
comment states, ``While ALPA understands that the Administrative 
Procedures Act does allow for this procedure, ALPA believes that it 
would be in the NTSB, stakeholders, and public interest to issue such 
rulemaking in accordance with the direct final rulemaking procedures.'' 
The NTSB assumes that ALPA desires the agency engage in more 
expeditious rulemaking procedures, thereby saving time and agency 
resources.
    However, the NTSB declines to remove Sec.  800.33, because DFR 
procedures are only available under the Administrative Procedure Act in 
limited circumstances. In particular, agencies only use DFR procedures 
when they do not anticipate a proposed rule or change will be 
controversial or will generate public interest.
    While the NTSB does not promulgate rules that are considered 
``major'' under Executive Order 12866, ``Regulatory Planning and 
Review,'' the agency nevertheless issues regulations about which 
transportation entities and members of the public maintain an interest 
and intend to offer comments. For example, in response to the NTSB's 
recent NPRM proposing the reorganization of and several changes to its 
rules on investigation procedures (49 CFR part 831), the agency 
received over three dozen substantive comments from a variety of 
stakeholders. See 79 FR 47064 (Aug. 12, 2014); www.regulations.gov 
Docket NTSB-GC-2012-0002. These proposed changes did not meet the 
criteria to be considered a ``major rule'' or a rule that would have a 
significant economic impact on a substantial number of small entities; 
nevertheless, the NPRM generated interest from a wide array of 
interested persons, organizations, and agencies. The NTSB could not 
consider promulgating such rulemaking changes in any manner other than 
publishing an NPRM and carefully considering all comments the agency 
received in response to it. Overall, while the NTSB appreciates ALPA's 
idea concerning exclusive utilization of the DFR process, the agency 
nevertheless finalizes its proposed new subpart, including Sec.  800.33 
(``Notice of proposed rulemaking''), in this Final Rule.

B. Section 800.37, ``Contents of Written Comments.''

    The NTSB also appreciates ALPA's suggestion concerning the increase 
of the page limit applicable to comments from the public. While the 
NTSB believes a limit of 15 pages is sufficient for almost all 
rulemaking responses, the agency also acknowledges the public may find 
the page limit to be insufficient. Nevertheless, the NTSB finalizes the 
text of Sec.  800.37, because the text includes language indicating the 
NTSB may choose to waive the page limit in certain circumstances. The 
agency will seriously consider such a waiver when it proposes 
regulatory changes in an NPRM that is particularly lengthy or complex.

III. Regulatory Analyses

    In the NPRM, the NTSB included a regulatory analyses section 
concerning various Executive Orders and statutory provisions. The NTSB 
did not receive any comments concerning the results of these analyses. 
The NTSB again notes the following concerning such Executive Orders and 
statutory provisions.
    This Final Rule is not a significant regulatory action under 
Executive Order 12866. Therefore, Executive Order 12866 does not 
require a Regulatory Assessment. As such, the Office of Management and 
Budget (OMB) has not reviewed this proposed rule under Executive Order 
12866. In addition, section 2(a) of Executive Order 13579 states:

    Independent regulatory agencies ``should consider how best to 
promote retrospective analysis of rules that may be outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.

76 FR at 41587. Consistent with Executive Order 13579, the NTSB's 
amendments to 49 CFR part 800 reflect its judgment that this part 
should be updated and streamlined.

    This rule does not require an analysis under the Unfunded Mandates 
Reform Act, 2 United States Code (U.S.C.) 1501-

[[Page 57309]]

1571, or the National Environmental Policy Act, 42 U.S.C. 4321-4347.
    The NTSB has also analyzed these amendments in accordance with the 
principles and criteria contained in Executive Order 13132, 
``Federalism.'' Any rulemaking proposal resulting from this notice 
would not propose any regulations that would: (1) Have a substantial 
direct effect on the states, the relationship between the national 
government and the states, or the distribution of power and 
responsibilities among the various levels of government; (2) impose 
substantial direct compliance costs on state and local governments; or 
(3) preempt state law. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The NTSB is also aware that the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) requires each agency to review its rulemaking to 
assess the potential impact on small entities, unless the agency 
determines that a rule is not expected to have a significant economic 
impact on a substantial number of small entities. The NTSB certifies 
this final rule will not have a significant economic impact on a 
substantial number of small entities.
    Regarding other Executive Orders and statutory provisions, this 
final rule also complies with all applicable standards in sections 3(a) 
and 3(b)(2) of Executive Order 12988, ``Civil Justice Reform,'' to 
minimize litigation, eliminate ambiguity, and reduce burden. In 
addition, the NTSB has evaluated this rule under: Executive Order 
12630, ``Governmental Actions and Interference with Constitutionally 
Protected Property Rights''; Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks''; Executive 
Order 13175, ``Consultation and Coordination with Indian Tribal 
Governments''; Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use''; and 
the National Technology Transfer and Advancement Act, 15 U.S.C. 272 
note. The NTSB has concluded this rule does not contravene any of the 
requirements set forth in these Executive Orders or statutes, nor does 
this rule prompt further consideration with regard to such 
requirements.

List of Subjects in 49 CFR Part 800

    Administrative practice and procedure, Authority delegations 
(Government agencies), Government employees, Organization and functions 
(Government agencies).

    For the reasons discussed in the preamble, the NTSB amends 49 CFR 
part 800 as follows:

PART 800--ADMINISTRATIVE RULES

0
1. Revise the authority citation for 49 CFR part 800 to read as 
follows:

    Authority: 49 U.S.C. 1113(f), unless otherwise noted.

0
2. Revise the heading for part 800 to read as set forth above.
0
3. Add subpart C to 49 CFR part 800 to read as follows:
Subpart C--Procedures for Adoption of Rules
Sec.
800.30 Applicability.
800.31 Public reading room.
800.32 Initiation of rulemaking.
800.33 Notice of proposed rulemaking.
800.34 Contents of notices of proposed rulemaking.
800.35 Participation of interested persons.
800.36 Petitions for extension of time to comment.
800.37 Contents of written comments.
800.38 Consideration of comments received.
800.39 Additional rulemaking proceedings.
800.40 Hearings.
800.41 Adoption of final rules.
800.42 Petitions for rulemaking.
800.43 Processing of petition.
800.44 Direct final rulemaking procedures.
800.45 Interim rulemaking procedures.

Subpart C--Procedures for Adoption of Rules


Sec.  800.30  Applicability.

    This subpart prescribes rulemaking procedures that apply to the 
issuance, amendment, and revocation of rules pursuant to 49 U.S.C. 
1101-1155.


Sec.  800.31  Public reading room.

    Information and data deemed relevant by the NTSB relating to 
rulemaking actions, including notices of proposed rulemaking; comments 
received in response to notices; petitions for rulemaking and 
reconsideration; denials of petitions for rulemaking; and final rules 
are maintained in the NTSB's public reading room, located at 490 
L'Enfant Plaza SW., Washington, DC 20594-2003.


Sec.  800.32  Initiation of rulemaking.

    The NTSB may initiate rulemaking either on its own motion or on 
petition by any interested person after a determination that grant of 
the petition is advisable. The NTSB may also consider the 
recommendations of other agencies of the United States.


Sec.  800.33  Notice of proposed rulemaking.

    Unless the NTSB, for good cause, finds notice is impracticable, 
unnecessary, or contrary to the public interest, and incorporates that 
finding and a brief statement of the reasons for it in the rule, a 
notice of proposed rulemaking is issued and interested persons are 
invited to participate in the rulemaking proceedings under applicable 
provisions of 5 U.S.C. 551.


Sec.  800.34  Contents of notices of proposed rulemaking.

    (a) Each notice of proposed rulemaking is published in the Federal 
Register.
    (b) Each notice includes:
    (1) A statement of the time, place, and nature of the proposed 
rulemaking proceeding;
    (2) A reference to the authority under which it is issued;
    (3) A description of the subjects and issues involved or the 
substance and terms of the proposed rule;
    (4) A statement of the time within which written comments must be 
submitted; and
    (5) A statement of how and to what extent interested persons may 
participate in the proceedings.


Sec.  800.35  Participation of interested persons.

    (a) Any interested person may participate in rulemaking proceeding 
by submitting comments in writing containing information, views or 
arguments.
    (b) In its discretion, the agency may invite any interested person 
to participate in the rulemaking procedures described in this subpart.


Sec.  800.36  Petitions for extension of time to comment.

    A petition for extension of the time to submit comments must be 
received not later than 10 days before the end of the comment period 
stated in the notice. The petition must be submitted to: General 
Counsel, National Transportation Safety Board, 490 L'Enfant Plaza SW., 
Washington, DC 20594-2003. The filing of the petition does not 
automatically extend the time for petitioner's comments. Such a 
petition is granted only if the petitioner shows good cause for the 
extension, and if the extension is consistent with the public interest. 
If an extension is granted, it is granted to all persons, and the NTSB 
will publish a notice of the extension of the comment period in the 
Federal Register.


Sec.  800.37  Contents of written comments.

    All written comments shall be in English. Unless otherwise 
specified in a notice requesting comments, comments may not exceed 15 
pages in length, but necessary attachments may be appended

[[Page 57310]]

to the submission without regard to the 15-page limit. Any commenter 
shall submit as a part of his or her written comments all material he 
or she considers relevant to any statement of fact made in the comment. 
Commenters should avoid incorporation by reference. However, if 
incorporation by reference is necessary, the incorporated material 
shall be identified with respect to document and page. The NTSB may 
reject comments if they are frivolous, abusive, or repetitious. The 
NTSB may also reject comments filed electronically if the commenter 
does not adhere to the electronic filing instructions at the Federal 
Docket Management System Web site.


Sec.  800.38  Consideration of comments received.

    All timely comments are considered before final action is taken on 
a rulemaking proposal. Late filed comments may be considered to the 
extent practicable.


Sec.  800.39  Additional rulemaking proceedings.

    The NTSB may initiate any further rulemaking proceedings it finds 
necessary or desirable. For example, interested persons may be invited 
to make oral arguments, to participate in conferences between the Board 
or a representative of the Board and interested persons at which 
minutes of the conference are kept, to appear at informal hearings 
presided over by officials designated by the Board, at which a 
transcript or minutes are kept, or participate in any other proceeding 
to assure informed administrative action and to protect the public 
interest.


Sec.  800.40  Hearings.

    (a) Sections 556 and 557 of title 5, United States Code, do not 
apply to hearings held under this part. Unless otherwise specified, 
hearings held under this part are informal, fact-finding proceedings, 
at which there are no formal pleadings or adverse parties. Any rule 
issued in a case in which an informal hearing is held is not 
necessarily based exclusively on the record of the hearing.
    (b) The NTSB designates a representative to conduct any hearing 
held under this part. The General Counsel or a designated member of his 
or her staff may serve as legal officer at the hearing.


Sec.  800.41  Adoption of final rules.

    Final rules are prepared by representatives of the office concerned 
and the Office of the General Counsel. The rule is then submitted to 
the Board for its consideration. If the Board adopts the rule, it is 
published in the Federal Register unless all persons subject to it are 
named and are personally served with a copy of it.


Sec.  800.42  Petitions for rulemaking.

    (a) Any interested person may petition the Chairman to establish, 
amend, or repeal a rule.
    (b) Each petition filed under this section must:
    (1) Be submitted in duplicate to the Chairman, National 
Transportation Safety Board, 490 L'Enfant Plaza SW., Washington, DC 
20594-0003;
    (2) Set forth the text or substance of the rule or amendment 
proposed, or specify the rule the petitioner seeks to have repealed, as 
the case may be;
    (3) Explain the interest of the petitioner in the action requested; 
and
    (4) Contain any information and arguments available to the 
petitioner to support the action sought.


Sec.  800.43  Processing of petition.

    (a) Unless the NTSB otherwise specifies, no public hearing, 
argument, or other proceeding is held directly on a petition before its 
disposition under this section.
    (b) Grants. If the agency determines the petition contains adequate 
justification, it initiates rule making action this subpart.
    (c) Denials. If the agency determines the petition does not justify 
rulemaking, it denies the petition.
    (d) Notification. Whenever the agency determines a petition should 
be granted or denied, the Office of the General Counsel prepares a 
notice of the grant or denial for issuance to the petitioner, and the 
agency issues it to the petitioner.


Sec.  800.44  Direct final rulemaking procedures.

    A direct final rule makes regulatory changes and states those 
changes will take effect on a specified date unless the NTSB receives 
an adverse comment or notice of intent to file an adverse comment by 
the date specified in the direct final rule published in the Federal 
Register.
    (a) Types of actions appropriate for direct final rulemaking. Rules 
the Board determines to be non-controversial and unlikely to result in 
adverse public comments may be published in the final rule section of 
the Federal Register as direct final rules. These include non-
controversial rules that:
    (1) Make non-substantive clarifications or corrections to existing 
rules;
    (2) Incorporate by reference the latest or otherwise updated 
versions of technical or industry standards;
    (3) Affect internal NTSB procedures;
    (4) Update existing forms; and
    (5) Make minor changes to rules regarding statistics and reporting 
requirements, such as a change in reporting period (for example, from 
quarterly to annually) or eliminating a type of data collection no 
longer necessary.
    (b) Adverse comment. An adverse comment is a comment the NTSB 
judges to be critical of the rule, to suggest the rule should not be 
adopted, or to suggest a change should be made to the rule. Under the 
direct final rule process, the NTSB does not consider the following 
types of comments to be adverse:
    (1) Comments recommending another rule change, unless the commenter 
states the direct final rule will be ineffective without the change;
    (2) Comments outside the scope of the rule and comments suggesting 
the rule's policy or requirements should or should not be extended to 
other topics outside the scope of the rule;
    (3) Comments in support of the rule; or
    (4) Comments requesting clarification.
    (c) Confirmation of effective date. The NTSB will publish a 
confirmation rule document in the Federal Register if it has not 
received an adverse comment or notice of intent to file an adverse 
comment by the date specified in the direct final rule. The 
confirmation rule document informs the public of the effective date of 
the rule.
    (d) Withdrawal of a direct final rule. (1) If the NTSB receives an 
adverse comment or a notice of intent to file an adverse comment within 
the comment period, it will publish a rule document in the Federal 
Register, before the effective date of the direct final rule, advising 
the public and withdrawing the direct final rule.
    (2) If the NTSB withdraws a direct final rule because of an adverse 
comment, the NTSB may issue a notice of proposed rulemaking if it 
decides to pursue the rulemaking.


Sec.  800.45  Interim rulemaking procedures.

    (a) An interim rule may be issued when it is in the public interest 
to promulgate an effective rule while keeping the rulemaking open for 
further refinement. For example, an interim rule may be issued in 
instances when normal procedures for notice and comment prior to 
issuing an effective rule are not required, minor changes to the final 
rule may be necessary after the interim rule has been in place for some 
time, or the interim rule only implements portions of a proposed rule, 
while other portions of the proposed rule are still under development.

[[Page 57311]]

    (b) An interim rule will be published in the Federal Register with 
an effective date on or after the date of publication. After the 
effective date, an interim rule is enforceable and is codified in the 
next annual revision of the Code of Federal Regulations.

Christopher A. Hart,
Chairman.
[FR Doc. 2015-23608 Filed 9-22-15; 8:45 am]
 BILLING CODE 7533-01-P



                                                             Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations                                       57307

                                                disposition of petitions for rulemaking                 document served is transmitted by                     contains internal rules specific to the
                                                (Rule 51), petitions for declaratory order              email, deposited in the United States                 NTSB. In publishing a Notice of
                                                (Rule 75), petitions general (Rule 76),                 mail, delivered to a courier, or delivered            Proposed Rulemaking (NPRM) in June
                                                notices of proposed rulemaking (Rule                    in person. If service is made by more                 2015, the NTSB proposed a new subpart
                                                52), proceedings under section 19 of the                than one method, for example email and                to outline the NTSB’s rulemaking
                                                Merchant Marine Act, 1920, (46 U.S.C.                   also U.S. mail service, the date of                   procedures.
                                                42101) (Part 550), and proceedings                      service will be the earlier of the two                DATES: The revisions and additions
                                                under section 13(b)(6) of the Shipping                  actions. In computing the time from                   published in this Final Rule will
                                                Act of 1984 (46 U. S.C. 41108(d)) (Part                 such dates, the provisions of § 502.101               become effective October 23, 2015.
                                                560). A list of all participants may be                 shall apply. [Rule 319.]
                                                                                                                                                              ADDRESSES: A copy of the Final Rule,
                                                obtained from the Secretary of the                         (b) In computing any time period
                                                                                                                                                              published in the Federal Register (FR),
                                                Commission.                                             prescribed or allowed under the rules in
                                                                                                                                                              is available for inspection and copying
                                                ■ 5. Revise § 502.116 to read as follows:
                                                                                                        this Part, the period begins on the day
                                                                                                                                                              in the NTSB’s public reading room,
                                                                                                        following the act, event, or default that
                                                                                                                                                              located at 490 L’Enfant Plaza SW.,
                                                § 502.116   Date of service.                            triggers the period and includes the last
                                                                                                                                                              Washington, DC 20594–2003.
                                                  The date of service of documents                      day of the time period. If the last day is
                                                                                                                                                              Alternatively, a copy of the NPRM is
                                                served by the Commission will be the                    a Saturday, Sunday, or federal holiday,
                                                                                                                                                              available on the government-wide Web
                                                date shown in the service stamp placed                  the time period continues to the next
                                                                                                                                                              site on regulations at http://
                                                on the first page of the document. The                  day that is not a Saturday, Sunday, or
                                                                                                                                                              www.regulations.gov (Docket ID Number
                                                date of service of documents served by                  federal holiday. If the presiding officer
                                                                                                                                                              NTSB–GC–2012–0002).
                                                parties will be the date when the                       prescribes or allows an act, event, or
                                                                                                        default by reference to a specific date,              FOR FURTHER INFORMATION CONTACT:
                                                document served is transmitted by
                                                                                                        that date will govern. If the                         David Tochen, General Counsel, (202)
                                                email, deposited in the United States
                                                                                                        Commission’s offices are inaccessible on              314–6080.
                                                mail, delivered to a courier, or delivered
                                                                                                        the last day for a filing, the time for               SUPPLEMENTARY INFORMATION:
                                                in person. If service is made by more
                                                than one method, for example email and                  filing is extended to the first accessible            I. Notice of Proposed Rulemaking
                                                also U.S. mail service, the date of                     day that is not a Saturday, Sunday, or
                                                                                                        federal holiday.                                         The NTSB issued this NPRM in
                                                service will be the earlier of the two                                                                        accordance with its June 25, 2012
                                                dates. In computing the time from such                  §§ 502.113, 502.132, 502.135, 502.201,                document indicating the agency’s intent
                                                dates, the provisions of § 502.101 shall                502.221, 502.227, 502.228, and 502.408                to undertake a review of all NTSB
                                                apply. [Rule 116.]                                      [Amended]                                             regulations to ensure they are updated.
                                                Subpart M—Briefs; Requests for                          ■ 9. In addition to the amendments set                77 FR 37865. The NTSB initiated this
                                                Findings; Decisions; Exceptions                         forth above, in 46 CFR part 502 remove                review in accordance with Executive
                                                                                                        the words ‘‘five (5) days’’ or ‘‘five days’’          Order 13579, ‘‘Regulation and
                                                ■   6. Revise § 502.222 to read as follows:             or ‘‘5 days’’ and add, in their place, the            Independent Regulatory Agencies’’ (76
                                                                                                        words ‘‘seven (7) days’’ in the following             FR 41587, July 14, 2011). The purpose
                                                § 502.222 Requests for enlargement of                   places:                                               of Executive Order 13579 is to ensure all
                                                time for filing briefs.                                 ■ a. Section 502.132(c);                              agencies adhere to the key principles
                                                   Requests for enlargement of time to                  ■ b. Section 502.135(a);                              found in Executive Order 13563,
                                                file briefs shall conform to the                        ■ c. Section 502.201(c);                              ‘‘Improving Regulation and Regulatory
                                                requirements of § 502.102.                              ■ d. Section 502.221(f);                              Review’’ (76 FR 3821, January 21, 2011),
                                                ■ 7. Revise § 502.228 to read as follows:               ■ e. Section 502.222;                                 which include promoting public
                                                                                                        ■ f. Section 502.227(e);                              participation in rulemaking, improving
                                                § 502.228 Request for enlargement of time               ■ i. Section 502.228; and
                                                                                                                                                              integration and innovation, promoting
                                                to file exceptions and replies to exceptions.           ■ j. Section 502.408(a)
                                                                                                                                                              flexibility and freedom of choice, and
                                                   Requests for enlargement of time to                    By the Commission.                                  ensuring scientific integrity during the
                                                file exceptions, and briefs in support of               Karen V. Gregory,                                     rulemaking process in order to create a
                                                such exceptions, or replies to                          Secretary.                                            regulatory system that protects public
                                                exceptions, must conform to the                         [FR Doc. 2015–24087 Filed 9–22–15; 8:45 am]           health, welfare, safety, and the
                                                applicable provisions of § 502.102. Any                                                                       environment while promoting economic
                                                                                                        BILLING CODE 6731–AA–P
                                                enlargement of time granted will                                                                              growth, innovation, competitiveness,
                                                automatically extend by the same                                                                              and job creation. The NTSB explained
                                                period, the date for the filing of notice                                                                     in its June 25, 2012 document that it is
                                                                                                        NATIONAL TRANSPORTATION
                                                or review by the Commission. [Rule                                                                            committed to ensuring its regulations
                                                                                                        SAFETY BOARD
                                                228.]                                                                                                         remain updated and comply with these
                                                                                                        49 CFR Part 800                                       principles. The NTSB published an
                                                Subpart T—Formal Procedure and
                                                                                                                                                              additional document in the Federal
                                                Adjudication of Small Claims                            [Docket No. NTSB–GC–2012–0002]
                                                                                                                                                              Register on January 8, 2013, describing
                                                ■   8. Revise § 502.319 to read as follows:             RIN 3147–AA03                                         the NTSB’s plan for updating all
                                                                                                                                                              regulations. 78 FR 1193. Consistent with
                                                § 502.319   Date of service and computation             Organization and Functions of the                     Executive Order 13563 and in
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                                                of time.                                                Board and Delegations of Authority                    accordance with these two documents
                                                  (a) The date of service of documents                  AGENCY:  National Transportation Safety               published in the Federal Register, the
                                                served by the Commission will be the                    Board (NTSB or Board).                                NTSB seeks to ensure the public is
                                                date shown in the service stamp placed                  ACTION: Final rule.                                   aware of its rulemaking procedures.
                                                on the first page of the document. The                                                                           On June 18, 2015, the NTSB
                                                date of service of documents served by                  SUMMARY: By this Final Rule, the NTSB                 published an NPRM inviting public
                                                parties will be the date when the                       adds a new subpart to a part which                    comments concerning the NTSB’s


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                                                57308        Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations

                                                addition of a new subpart within 49                     ALPA suggests the NTSB alter its                      persons, organizations, and agencies.
                                                CFR part 800, to outline procedures for                 proposed language in § 800.37                         The NTSB could not consider
                                                the adoption of rules, as well as the                   (‘‘Contents of written comments’’), in                promulgating such rulemaking changes
                                                rulemaking process in general. 80 FR                    which we proposed, among other                        in any manner other than publishing an
                                                34874. As the NTSB stated in its NPRM,                  requirements, that comments be limited                NPRM and carefully considering all
                                                many of the new sections we proposed                    to 15 pages in length. ALPA                           comments the agency received in
                                                are self-explanatory.                                   recommends we amend the page limit to                 response to it. Overall, while the NTSB
                                                   The NTSB divided its discussion of                   be 15 pages unless the NPRM itself                    appreciates ALPA’s idea concerning
                                                the proposed additions into five                        exceeds 15 pages, in which case we                    exclusive utilization of the DFR process,
                                                segments, the first of which described                  should increase the page limit to equal               the agency nevertheless finalizes its
                                                general rulemaking provisions                           the number of pages of the NPRM.                      proposed new subpart, including
                                                (§§ 800.30–800.34), which included                                                                            § 800.33 (‘‘Notice of proposed
                                                proposed rules describing the                           A. Section 800.33, ‘‘Notice of Proposed
                                                                                                                                                              rulemaking’’), in this Final Rule.
                                                applicability of proposed new subpart C                 Rulemaking.’’
                                                (Procedures for Adoption of Rules), the                    The NTSB appreciates ALPA’s                        B. Section 800.37, ‘‘Contents of Written
                                                NTSB’s public reading room (§ 800.31),                  feedback concerning the option of                     Comments.’’
                                                the act of initiating the rulemaking                    utilizing the DFR procedure for NTSB                     The NTSB also appreciates ALPA’s
                                                process (§ 800.32), as well as notices of               rulemakings. The comment was                          suggestion concerning the increase of
                                                proposed rulemaking and the contents                    succinct, in that it did not provide                  the page limit applicable to comments
                                                thereof (§§ 800.33 and 800.34).                         examples of situations in which the                   from the public. While the NTSB
                                                   The NTSB also categorized three                      organization believes the NTSB might                  believes a limit of 15 pages is sufficient
                                                proposed rules into a segment it                        use the DFR procedure in lieu of                      for almost all rulemaking responses, the
                                                described as ‘‘public participation’’                   publishing an NPRM and inviting                       agency also acknowledges the public
                                                (§§ 800.35–800.38). These proposed                      comments from the public. The                         may find the page limit to be
                                                rules addressed participation of                        comment states, ‘‘While ALPA                          insufficient. Nevertheless, the NTSB
                                                interested persons in the NTSB                          understands that the Administrative                   finalizes the text of § 800.37, because
                                                rulemaking process, which include                       Procedures Act does allow for this                    the text includes language indicating the
                                                submitting comments; petitions for                      procedure, ALPA believes that it would                NTSB may choose to waive the page
                                                extension of time to comment; the                       be in the NTSB, stakeholders, and                     limit in certain circumstances. The
                                                contents of written comments; and the                   public interest to issue such rulemaking              agency will seriously consider such a
                                                NTSB’s process for considering the                      in accordance with the direct final                   waiver when it proposes regulatory
                                                comments it receives in response to a                   rulemaking procedures.’’ The NTSB                     changes in an NPRM that is particularly
                                                publication requesting comments.                        assumes that ALPA desires the agency                  lengthy or complex.
                                                   The NTSB described proposed                          engage in more expeditious rulemaking
                                                                                                                                                              III. Regulatory Analyses
                                                §§ 800.39–800.41 within a segment                       procedures, thereby saving time and
                                                titled ‘‘proceedings and documents.’’                   agency resources.                                        In the NPRM, the NTSB included a
                                                These proposed sections described                          However, the NTSB declines to                      regulatory analyses section concerning
                                                procedures for additional rulemaking                    remove § 800.33, because DFR                          various Executive Orders and statutory
                                                proceedings, hearings, and the agency’s                 procedures are only available under the               provisions. The NTSB did not receive
                                                process for adopting final rules.                       Administrative Procedure Act in limited               any comments concerning the results of
                                                   Finally, the NTSB organized its                      circumstances. In particular, agencies                these analyses. The NTSB again notes
                                                preamble description of the remaining                   only use DFR procedures when they do                  the following concerning such
                                                sections into segments titled ‘‘petitions               not anticipate a proposed rule or change              Executive Orders and statutory
                                                for rulemaking’’ (§§ 800.42–800.43),                    will be controversial or will generate                provisions.
                                                which described the procedure for                       public interest.                                         This Final Rule is not a significant
                                                submitting a petition for rulemaking, as                   While the NTSB does not promulgate                 regulatory action under Executive Order
                                                well as the agency’s processing of such                 rules that are considered ‘‘major’’ under             12866. Therefore, Executive Order
                                                petitions; and ‘‘Direct and Interim Final               Executive Order 12866, ‘‘Regulatory                   12866 does not require a Regulatory
                                                Rules’’ (§§ 800.44–800.45), which                       Planning and Review,’’ the agency                     Assessment. As such, the Office of
                                                proposed to implement procedures for                    nevertheless issues regulations about                 Management and Budget (OMB) has not
                                                promulgating rules that are immediately                 which transportation entities and                     reviewed this proposed rule under
                                                effective in certain circumstances.                     members of the public maintain an                     Executive Order 12866. In addition,
                                                   As the NTSB stated in its NPRM, the                  interest and intend to offer comments.                section 2(a) of Executive Order 13579
                                                agency reviewed other agencies’ rules                   For example, in response to the NTSB’s                states:
                                                describing rulemaking procedures, and                   recent NPRM proposing the                               Independent regulatory agencies ‘‘should
                                                utilized such rules as a model for the                  reorganization of and several changes to              consider how best to promote retrospective
                                                proposed new subpart.                                   its rules on investigation procedures (49             analysis of rules that may be outmoded,
                                                                                                        CFR part 831), the agency received over               ineffective, insufficient, or excessively
                                                II. Comment Received and Response                       three dozen substantive comments from                 burdensome, and to modify, streamline,
                                                Thereto                                                 a variety of stakeholders. See 79 FR                  expand, or repeal them in accordance with
                                                                                                                                                              what has been learned.
                                                   The NTSB received one comment in                     47064 (Aug. 12, 2014);
                                                response to the June 18, 2015 NPRM,                     www.regulations.gov Docket NTSB–GC–                   76 FR at 41587. Consistent with
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                                                from the Air Line Pilots Association,                   2012–0002. These proposed changes did                 Executive Order 13579, the NTSB’s
                                                International (ALPA). The comment                       not meet the criteria to be considered a              amendments to 49 CFR part 800 reflect
                                                contained two suggestions, which the                    ‘‘major rule’’ or a rule that would have              its judgment that this part should be
                                                NTSB has considered carefully. First,                   a significant economic impact on a                    updated and streamlined.
                                                ALPA recommends the NTSB utilize the                    substantial number of small entities;                    This rule does not require an analysis
                                                direct final rulemaking (DFR) procedure                 nevertheless, the NPRM generated                      under the Unfunded Mandates Reform
                                                for all its rulemaking projects. Second,                interest from a wide array of interested              Act, 2 United States Code (U.S.C.) 1501–


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                                                             Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations                                             57309

                                                1571, or the National Environmental                       For the reasons discussed in the                    unnecessary, or contrary to the public
                                                Policy Act, 42 U.S.C. 4321–4347.                        preamble, the NTSB amends 49 CFR                      interest, and incorporates that finding
                                                   The NTSB has also analyzed these                     part 800 as follows:                                  and a brief statement of the reasons for
                                                amendments in accordance with the                                                                             it in the rule, a notice of proposed
                                                                                                        PART 800—ADMINISTRATIVE RULES                         rulemaking is issued and interested
                                                principles and criteria contained in
                                                Executive Order 13132, ‘‘Federalism.’’                                                                        persons are invited to participate in the
                                                                                                        ■1. Revise the authority citation for 49
                                                Any rulemaking proposal resulting from                                                                        rulemaking proceedings under
                                                                                                        CFR part 800 to read as follows:
                                                this notice would not propose any                                                                             applicable provisions of 5 U.S.C. 551.
                                                                                                          Authority: 49 U.S.C. 1113(f), unless
                                                regulations that would: (1) Have a                      otherwise noted.                                      § 800.34 Contents of notices of proposed
                                                substantial direct effect on the states,                                                                      rulemaking.
                                                                                                        ■ 2. Revise the heading for part 800 to
                                                the relationship between the national                                                                            (a) Each notice of proposed
                                                                                                        read as set forth above.
                                                government and the states, or the                       ■ 3. Add subpart C to 49 CFR part 800                 rulemaking is published in the Federal
                                                distribution of power and                               to read as follows:                                   Register.
                                                responsibilities among the various                                                                               (b) Each notice includes:
                                                levels of government; (2) impose                        Subpart C—Procedures for Adoption of                     (1) A statement of the time, place, and
                                                substantial direct compliance costs on                  Rules
                                                                                                                                                              nature of the proposed rulemaking
                                                state and local governments; or (3)                     Sec.                                                  proceeding;
                                                preempt state law. Therefore, the                       800.30 Applicability.                                    (2) A reference to the authority under
                                                consultation and funding requirements                   800.31 Public reading room.
                                                                                                                                                              which it is issued;
                                                                                                        800.32 Initiation of rulemaking.
                                                of Executive Order 13132 do not apply.                  800.33 Notice of proposed rulemaking.
                                                                                                                                                                 (3) A description of the subjects and
                                                   The NTSB is also aware that the                      800.34 Contents of notices of proposed                issues involved or the substance and
                                                Regulatory Flexibility Act (5 U.S.C. 601                     rulemaking.                                      terms of the proposed rule;
                                                et seq.) requires each agency to review                 800.35 Participation of interested persons.              (4) A statement of the time within
                                                its rulemaking to assess the potential                  800.36 Petitions for extension of time to             which written comments must be
                                                                                                             comment.                                         submitted; and
                                                impact on small entities, unless the
                                                                                                        800.37 Contents of written comments.                     (5) A statement of how and to what
                                                agency determines that a rule is not                    800.38 Consideration of comments
                                                expected to have a significant economic                                                                       extent interested persons may
                                                                                                             received.                                        participate in the proceedings.
                                                impact on a substantial number of small                 800.39 Additional rulemaking proceedings.
                                                entities. The NTSB certifies this final                 800.40 Hearings.                                      § 800.35 Participation of interested
                                                rule will not have a significant                        800.41 Adoption of final rules.                       persons.
                                                economic impact on a substantial                        800.42 Petitions for rulemaking.
                                                                                                                                                                (a) Any interested person may
                                                number of small entities.                               800.43 Processing of petition.
                                                                                                        800.44 Direct final rulemaking procedures.            participate in rulemaking proceeding by
                                                   Regarding other Executive Orders and                 800.45 Interim rulemaking procedures.                 submitting comments in writing
                                                statutory provisions, this final rule also                                                                    containing information, views or
                                                complies with all applicable standards                  Subpart C—Procedures for Adoption                     arguments.
                                                in sections 3(a) and 3(b)(2) of Executive                                                                       (b) In its discretion, the agency may
                                                                                                        of Rules
                                                Order 12988, ‘‘Civil Justice Reform,’’ to                                                                     invite any interested person to
                                                minimize litigation, eliminate                          § 800.30    Applicability.                            participate in the rulemaking
                                                ambiguity, and reduce burden. In                          This subpart prescribes rulemaking                  procedures described in this subpart.
                                                addition, the NTSB has evaluated this                   procedures that apply to the issuance,                § 800.36 Petitions for extension of time to
                                                rule under: Executive Order 12630,                      amendment, and revocation of rules                    comment.
                                                ‘‘Governmental Actions and Interference                 pursuant to 49 U.S.C. 1101–1155.                         A petition for extension of the time to
                                                with Constitutionally Protected Property
                                                                                                        § 800.31    Public reading room.                      submit comments must be received not
                                                Rights’’; Executive Order 13045,
                                                                                                          Information and data deemed relevant                later than 10 days before the end of the
                                                ‘‘Protection of Children from
                                                                                                        by the NTSB relating to rulemaking                    comment period stated in the notice.
                                                Environmental Health Risks and Safety
                                                                                                        actions, including notices of proposed                The petition must be submitted to:
                                                Risks’’; Executive Order 13175,
                                                                                                        rulemaking; comments received in                      General Counsel, National
                                                ‘‘Consultation and Coordination with
                                                                                                        response to notices; petitions for                    Transportation Safety Board, 490
                                                Indian Tribal Governments’’; Executive
                                                                                                        rulemaking and reconsideration; denials               L’Enfant Plaza SW., Washington, DC
                                                Order 13211, ‘‘Actions Concerning
                                                                                                        of petitions for rulemaking; and final                20594–2003. The filing of the petition
                                                Regulations That Significantly Affect
                                                                                                        rules are maintained in the NTSB’s                    does not automatically extend the time
                                                Energy Supply, Distribution, or Use’’;
                                                                                                        public reading room, located at 490                   for petitioner’s comments. Such a
                                                and the National Technology Transfer
                                                                                                        L’Enfant Plaza SW., Washington, DC                    petition is granted only if the petitioner
                                                and Advancement Act, 15 U.S.C. 272
                                                                                                        20594–2003.                                           shows good cause for the extension, and
                                                note. The NTSB has concluded this rule
                                                                                                                                                              if the extension is consistent with the
                                                does not contravene any of the                          § 800.32    Initiation of rulemaking.                 public interest. If an extension is
                                                requirements set forth in these
                                                                                                           The NTSB may initiate rulemaking                   granted, it is granted to all persons, and
                                                Executive Orders or statutes, nor does
                                                                                                        either on its own motion or on petition               the NTSB will publish a notice of the
                                                this rule prompt further consideration
                                                                                                        by any interested person after a                      extension of the comment period in the
                                                with regard to such requirements.
                                                                                                        determination that grant of the petition              Federal Register.
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                                                List of Subjects in 49 CFR Part 800                     is advisable. The NTSB may also
                                                                                                                                                              § 800.37   Contents of written comments.
                                                                                                        consider the recommendations of other
                                                  Administrative practice and                           agencies of the United States.                          All written comments shall be in
                                                procedure, Authority delegations                                                                              English. Unless otherwise specified in a
                                                (Government agencies), Government                       § 800.33    Notice of proposed rulemaking.            notice requesting comments, comments
                                                employees, Organization and functions                      Unless the NTSB, for good cause,                   may not exceed 15 pages in length, but
                                                (Government agencies).                                  finds notice is impracticable,                        necessary attachments may be appended


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                                                57310        Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations

                                                to the submission without regard to the                 the rule, it is published in the Federal                 (3) Affect internal NTSB procedures;
                                                15-page limit. Any commenter shall                      Register unless all persons subject to it                (4) Update existing forms; and
                                                submit as a part of his or her written                  are named and are personally served                      (5) Make minor changes to rules
                                                comments all material he or she                         with a copy of it.                                    regarding statistics and reporting
                                                considers relevant to any statement of                                                                        requirements, such as a change in
                                                fact made in the comment. Commenters                    § 800.42    Petitions for rulemaking.                 reporting period (for example, from
                                                should avoid incorporation by                             (a) Any interested person may                       quarterly to annually) or eliminating a
                                                reference. However, if incorporation by                 petition the Chairman to establish,                   type of data collection no longer
                                                reference is necessary, the incorporated                amend, or repeal a rule.                              necessary.
                                                material shall be identified with respect                 (b) Each petition filed under this                     (b) Adverse comment. An adverse
                                                to document and page. The NTSB may                      section must:                                         comment is a comment the NTSB judges
                                                reject comments if they are frivolous,                    (1) Be submitted in duplicate to the                to be critical of the rule, to suggest the
                                                abusive, or repetitious. The NTSB may                   Chairman, National Transportation                     rule should not be adopted, or to suggest
                                                also reject comments filed electronically               Safety Board, 490 L’Enfant Plaza SW.,                 a change should be made to the rule.
                                                if the commenter does not adhere to the                 Washington, DC 20594–0003;                            Under the direct final rule process, the
                                                electronic filing instructions at the                     (2) Set forth the text or substance of              NTSB does not consider the following
                                                Federal Docket Management System                        the rule or amendment proposed, or                    types of comments to be adverse:
                                                Web site.                                               specify the rule the petitioner seeks to                 (1) Comments recommending another
                                                                                                        have repealed, as the case may be;                    rule change, unless the commenter
                                                § 800.38 Consideration of comments                        (3) Explain the interest of the                     states the direct final rule will be
                                                received.
                                                                                                        petitioner in the action requested; and               ineffective without the change;
                                                  All timely comments are considered                      (4) Contain any information and                        (2) Comments outside the scope of the
                                                before final action is taken on a                       arguments available to the petitioner to              rule and comments suggesting the rule’s
                                                rulemaking proposal. Late filed                         support the action sought.                            policy or requirements should or should
                                                comments may be considered to the                                                                             not be extended to other topics outside
                                                extent practicable.                                     § 800.43    Processing of petition.                   the scope of the rule;
                                                § 800.39 Additional rulemaking
                                                                                                           (a) Unless the NTSB otherwise                         (3) Comments in support of the rule;
                                                proceedings.                                            specifies, no public hearing, argument,               or
                                                  The NTSB may initiate any further                     or other proceeding is held directly on                  (4) Comments requesting clarification.
                                                rulemaking proceedings it finds                         a petition before its disposition under                  (c) Confirmation of effective date. The
                                                necessary or desirable. For example,                    this section.                                         NTSB will publish a confirmation rule
                                                interested persons may be invited to                       (b) Grants. If the agency determines               document in the Federal Register if it
                                                make oral arguments, to participate in                  the petition contains adequate                        has not received an adverse comment or
                                                conferences between the Board or a                      justification, it initiates rule making               notice of intent to file an adverse
                                                representative of the Board and                         action this subpart.                                  comment by the date specified in the
                                                interested persons at which minutes of                     (c) Denials. If the agency determines              direct final rule. The confirmation rule
                                                the conference are kept, to appear at                   the petition does not justify rulemaking,             document informs the public of the
                                                informal hearings presided over by                      it denies the petition.                               effective date of the rule.
                                                officials designated by the Board, at                      (d) Notification. Whenever the agency                 (d) Withdrawal of a direct final rule.
                                                which a transcript or minutes are kept,                 determines a petition should be granted               (1) If the NTSB receives an adverse
                                                or participate in any other proceeding to               or denied, the Office of the General                  comment or a notice of intent to file an
                                                assure informed administrative action                   Counsel prepares a notice of the grant or             adverse comment within the comment
                                                and to protect the public interest.                     denial for issuance to the petitioner, and            period, it will publish a rule document
                                                                                                        the agency issues it to the petitioner.               in the Federal Register, before the
                                                § 800.40   Hearings.                                                                                          effective date of the direct final rule,
                                                                                                        § 800.44 Direct final rulemaking                      advising the public and withdrawing
                                                  (a) Sections 556 and 557 of title 5,                  procedures.
                                                United States Code, do not apply to                                                                           the direct final rule.
                                                hearings held under this part. Unless                     A direct final rule makes regulatory                   (2) If the NTSB withdraws a direct
                                                otherwise specified, hearings held                      changes and states those changes will                 final rule because of an adverse
                                                under this part are informal, fact-finding              take effect on a specified date unless the            comment, the NTSB may issue a notice
                                                proceedings, at which there are no                      NTSB receives an adverse comment or                   of proposed rulemaking if it decides to
                                                formal pleadings or adverse parties. Any                notice of intent to file an adverse                   pursue the rulemaking.
                                                rule issued in a case in which an                       comment by the date specified in the
                                                                                                        direct final rule published in the                    § 800.45   Interim rulemaking procedures.
                                                informal hearing is held is not
                                                necessarily based exclusively on the                    Federal Register.                                       (a) An interim rule may be issued
                                                record of the hearing.                                    (a) Types of actions appropriate for                when it is in the public interest to
                                                  (b) The NTSB designates a                             direct final rulemaking. Rules the Board              promulgate an effective rule while
                                                representative to conduct any hearing                   determines to be non-controversial and                keeping the rulemaking open for further
                                                held under this part. The General                       unlikely to result in adverse public                  refinement. For example, an interim
                                                Counsel or a designated member of his                   comments may be published in the final                rule may be issued in instances when
                                                or her staff may serve as legal officer at              rule section of the Federal Register as               normal procedures for notice and
                                                the hearing.                                            direct final rules. These include non-                comment prior to issuing an effective
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                                                                                                        controversial rules that:                             rule are not required, minor changes to
                                                § 800.41   Adoption of final rules.                       (1) Make non-substantive                            the final rule may be necessary after the
                                                  Final rules are prepared by                           clarifications or corrections to existing             interim rule has been in place for some
                                                representatives of the office concerned                 rules;                                                time, or the interim rule only
                                                and the Office of the General Counsel.                    (2) Incorporate by reference the latest             implements portions of a proposed rule,
                                                The rule is then submitted to the Board                 or otherwise updated versions of                      while other portions of the proposed
                                                for its consideration. If the Board adopts              technical or industry standards;                      rule are still under development.


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                                                             Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations                                              57311

                                                  (b) An interim rule will be published                 is enforceable and is codified in the next            annual revision of the Code of Federal
                                                in the Federal Register with an effective                                                                     Regulations.
                                                date on or after the date of publication.
                                                                                                                                                              Christopher A. Hart,
                                                After the effective date, an interim rule
                                                                                                                                                              Chairman.
                                                                                                                                                              [FR Doc. 2015–23608 Filed 9–22–15; 8:45 am]
                                                                                                                                                              BILLING CODE 7533–01–P
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Document Created: 2015-12-15 09:45:24
Document Modified: 2015-12-15 09:45:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe revisions and additions published in this Final Rule will become effective October 23, 2015.
ContactDavid Tochen, General Counsel, (202) 314-6080.
FR Citation80 FR 57307 
RIN Number3147-AA03
CFR AssociatedAdministrative Practice and Procedure; Authority Delegations (government Agencies); Government Employees and Organization and Functions (government Agencies)

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