81 FR 75729 - Administrative Rules; Official Seal; Rules Implementing the Government in the Sunshine Act

NATIONAL TRANSPORTATION SAFETY BOARD

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range		75729-75731
FR Document		2016-26232
The NTSB makes technical updates and corrects citations in its administrative regulations governing agency organization and functions, delegations of authority to staff members, and procedures for adopting rules, regulations governing the agency's official seal, and regulations implementing the Government in the Sunshine Act. These revisions make no substantive changes.
Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75729-75731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26232]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Parts 800, 803, and 804

[Docket No.: NTSB-GC-2017-001]
RIN 3147-AA03, 3147-AA08, 3147-AA09


Administrative Rules; Official Seal; Rules Implementing the 
Government in the Sunshine Act

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The NTSB makes technical updates and corrects citations in its 
administrative regulations governing agency organization and functions, 
delegations of authority to staff members, and procedures for adopting 
rules, regulations governing the agency's official seal, and 
regulations implementing the Government in the Sunshine Act. These 
revisions make no substantive changes.

DATES: This rule is effective November 1, 2016.

ADDRESSES: A copy of this Final Rule, published in the Federal Register 
(FR), is available for inspection and copying in the NTSB's public 
reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-
2003. Alternatively, a copy is available on the government-wide Web 
site on regulations at http://www.regulations.gov (Docket ID Number 
NTSB-GC-2017-001).

FOR FURTHER INFORMATION CONTACT: Matthew D. McKenzie, Attorney-Advisor, 
(202) 314-6080, [email protected].

SUPPLEMENTARY INFORMATION:

I. Legal Basis for the Final Rule

    The Administrative Procedure Act (APA), 5 U.S.C. 553, provides 
exceptions to its notice and public comment rulemaking procedures where 
(1) the rules are rules of agency organization, procedure, or practice; 
or (2) the agency finds there is good cause to forego notice and 
comment, and incorporates the finding and a brief statement of reasons 
therefore in the rule issued. Generally, good cause exists where the 
agency determines that notice and public comment procedures are 
impractical, unnecessary, or contrary to the public interest. 5 U.S.C. 
553(b).
    Parts 800, 803, and 804 govern internal agency organization, 
procedure, or practice. Part 800, subparts A and B, describes the 
organization of the agency. Part 800, subpart C, prescribes procedures 
for the agency's rulemakings. Part 803 describes the agency's seal and 
limits its use. Part 804 prescribes procedures for the agency's open 
meetings.
    The amendments made in this final rule merely correct inadvertent 
errors and omissions, remove obsolete references, and make minor 
editorial changes to improve clarity and consistency. The technical 
amendments do not impose any new requirements, nor do they make any 
substantive changes to the Code of Federal Regulations. For these 
reasons, the NTSB finds good cause that notice and public comment on 
this final rule are unnecessary. For these same reasons, this rule will 
be effective on the date of publication in the Federal Register.

II. Background

    On June 25, 2012, the NTSB announced its plan to review its 
regulations, 49 CFR parts 800 through 850, to comply with Executive 
Order (E.O.) 13563, Improving Regulation and Regulatory Review, 76 FR 
3821 (Jan. 21, 2011); E.O. 13579, Regulation and Independent Regulatory 
Agencies, 76 FR 41587 (July 11, 2011); and E.O. 13610, Identifying and 
Reducing Regulatory Burdens, 77 FR 28469 (May 14, 2012). NTSB Plan for 
Retrospective Analysis of Existing Rules, 77 FR 37865. Though the 
Executive Orders require retrospective review of only ``significant 
regulations,'' NTSB stated it would review all of its regulations to 
implement the principles in the Orders. Id. at 37867.
    On January 8, 2013, after reviewing its regulations, the NTSB 
announced its plan to update its regulations, including revising 
internal agency procedures for which no public comment was required. 
Retrospective Analysis of Existing Rules; Notification, 78 FR 1193, 
1194.

[[Page 75730]]

    Pursuant to that plan, in this Final Rule, the NTSB makes editorial 
improvements and corrects obsolete information and citations in parts 
800 (Administrative Rules), 803 (Official Seal), and 804 (Rules 
Implementing the Government in the Sunshine Act).

III. Regulatory Analysis

    This rule does not require an assessment of its potential costs and 
benefits under section 6(a)(3) of E.O. 12866, Regulatory Planning and 
Review, 58 FR 51735 (Sept. 30, 1993), because it is not a ``significant 
regulatory action'' under section 3(f) of that Order. Thus, the Office 
of Management and Budget has not reviewed this rule under E.O. 12866. 
Likewise, this rule does not require an analysis under the Unfunded 
Mandates Reform Act, 2 U.S.C. 1501-71, or the National Environmental 
Policy Act, 42 U.S.C. 4321-47.
    In addition, under the Regulatory Flexibility Act, 5 U.S.C. 601-12, 
the NTSB has considered whether this rule would have a significant 
economic impact on a substantial number of small entities. The NTSB 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities. 
Moreover, in accordance with 5 U.S.C. 605(b), the NTSB will submit this 
certification to the Chief Counsel for Advocacy at the Small Business 
Administration.
    Moreover, the NTSB does not anticipate this rule will have a 
substantial, direct effect on state or local governments or will 
preempt state law; as such, this rule does not have implications for 
federalism under E.O. 13132, Federalism, 64 FR 43255 (Aug. 4, 1999).
    This rule also complies with all applicable standards in sections 
3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, 61 FR 4729 (Feb. 
5, 1996), to minimize litigation, eliminate ambiguity, and reduce 
burden.
    NTSB has evaluated this rule under: E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights, 53 FR 8859 (Mar. 15, 1988); E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks, 62 FR 19885 (Apr. 21, 
1997); E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, 65 FR 67249 (Nov. 6, 2000); E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use, 66 FR 28355 (May 18, 2001); and the National Technology Transfer 
and Advancement Act, 15 U.S.C. 272 note. The NTSB has concluded that 
this Final Rule neither violates, nor requires further consideration 
under, those Orders and statutes.

List of Subjects

49 CFR Part 800

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

49 CFR Part 803

    Seals and insignia.

49 CFR Part 804

    Sunshine Act.

    For the reasons stated in the preamble, the National Transportation 
Safety Board amends 49 CFR parts 800, 803, and 804 as set forth below:

PART 800--ADMINISTRATIVE RULES

0
1. The authority citation for part 800 is revised to read as follows:

    Authority: 49 U.S.C. 1101 et seq.; 49 U.S.C.40101 et seq.

Subpart A--Organization and functions


Sec.  800.1  [Amended]

0
1. Amend Sec.  800.1 by removing ``part'' and adding in its place 
``subpart''.


Sec.  800.2   [Amended]

0
2. Amend Sec.  800.2 as follows:
0
a. In the introductory text, remove ``the Federal Aviation Act of 1958, 
as amended (49 U.S.C. 40101 et seq.), and the Independent Safety Board 
Act of 1974, as amended (49 U.S.C. 1101 et seq.)'' and add in its place 
``49 U.S.C. chapter 11''.
0
b. In paragraph (d), remove ``the Federal Aviation Act of 1958, as 
amended'' and add in its place ``49 U.S.C. 1133''.

0
3. Revise Sec.  800.3 to read as follows:


Sec.  800.3   Functions.

    (a) The primary function of the Board is to promote safety in 
transportation. The Board is responsible for the investigation, 
determination of facts, conditions, and circumstances and the cause or 
probable cause or causes of:
    (1) All accidents involving civil aircraft, and certain public 
aircraft;
    (2) Highway accidents, including railroad grade-crossing accidents, 
the investigation of which is selected in cooperation with the States;
    (3) Railroad accidents in which there is a fatality, substantial 
property damage, or which involve a passenger train;
    (4) Pipeline accidents in which there is a fatality, significant 
injury to the environment, or substantial property damage; and
    (5) Major marine casualties and marine accidents involving a public 
and a non-public vessel or involving Coast Guard functions.
    (b) The Board makes transportation safety recommendations to 
federal, state, and local agencies and private organizations to reduce 
the likelihood of transportation accidents. It initiates and conducts 
safety studies and special investigations on matters pertaining to 
safety in transportation, assesses techniques and methods of accident 
investigation, evaluates the effectiveness of transportation safety 
consciousness and efficacy of other Government agencies, and evaluates 
the adequacy of safeguards and procedures concerning the transportation 
of hazardous materials.
    (c) Upon application of affected parties, the Board reviews in 
quasijudicial proceedings, conducted pursuant to the Administrative 
Procedure Act, 5 U.S.C. 551 et seq., denials by the Administrator of 
the Federal Aviation Administration of applications for airman 
certificates and orders of the Administrator modifying, amending, 
suspending, or revoking certificates or imposing civil penalties. The 
Board also reviews on appeal the decisions of the head of the agency in 
which the U.S. Coast Guard is operating, on appeals from orders of 
administrative law judges suspending, revoking, or denying seamen 
licenses, certificates, or documents.
    (d) The Board, as provided in part 801 of this chapter, issues 
reports and orders pursuant to its duties to determine the cause or 
probable cause or causes of transportation accidents and to report the 
facts, conditions and circumstances relating to such accidents; issues 
opinions and/or orders in accordance with 49 U.S.C. 1133 after 
reviewing on appeal the imposition of a civil penalty or the 
suspension, amendment, modification, revocation, or denial of a 
certificate or license issued by the Secretary of the Department of 
Transportation (who acts through the Administrator of the Federal 
Aviation Administration) or by the Commandant of the United States 
Coast Guard; and issues and makes available to the public safety 
recommendations, safety studies, and reports of special investigations.


Sec.  800.4   [Amended]

0
4. Amend Sec.  800.4 as follows:
0
a. In paragraph (b), removing ``Government Printing Office'' and

[[Page 75731]]

adding in its place ``Government Publishing Office''.
0
b. In paragraph (e), adding ``, or the Commandant of the United States 
Coast Guard'' after ``Department of Transportation''.


Sec.  800.5   [Amended]

0
5. Amend Sec.  800.5 by adding ``-003'' after ``20594''.

Subpart B--Delegations of Authority to Staff Members


Sec.  800.21   [Amended]

0
6. Amend Sec.  800.21 by removing ``Subpart B'' and adding in its place 
``subpart''.


Sec.  800.22   [Amended]

0
7. Amend Sec.  800.22(a)(2) by removing ``sections 304(a)(2) and 307 of 
the Independent Safety Board Act of 1974 (49 U.S.C. 1131(d) and 
1135(c))'' adding in its place ``49 U.S.C. 1131(e), 1135(c)''.


Sec.  800.24   [Amended]

0
8. Amend Sec.  800.24(f) by removing ``the Independent Safety Board Act 
of 1974, as amended,'' adding in its place ``49 U.S.C. chapter 11, 
subchapter IV,''.


Sec.  800.25   [Amended]

0
9. Amend Sec.  800.25 as follows:
0
a. In paragraph (c), removing ``Sec.  845.41 of this Chapter'' adding 
in its place ``Sec.  845.32 of this chapter''.
0
b. In paragraph (d), removing ``Sec.  304(a) of the Independent Safety 
Board Act of 1974, as amended (49 U.S.C. 1131(a)) and the Appendix to 
this Part'' adding in its place ``49 U.S.C. 1131 and the appendix to 
this part''.


Sec.  800.26   [Amended]

0
10. Amend Sec.  800.26 by removing ``board'' and adding in its place 
``Board''.


Sec.  800.27  [Amended]

0
11. Amend Sec.  800.27 by removing ``of the Safety Board''.

Subpart C--Procedures for Adoption of Rules


Sec.  800.30  [Amended]

0
12. Amend Sec.  800.30 by removing ``1101-1155'' and adding in its 
place ``1113(f)''.


Sec.  800.31  [Amended]

0
13. Amend Sec.  800.31 by removing ``deemed relevant by the NTSB 
relating to rulemaking'' and adding in its place ``relevant to NTSB 
rulemaking''.


Sec.  800.33  [Amended]

0
14. Amend Sec.  800.33 by removing ``551'' and adding in its place 
``553''.


Sec.  800.35  [Amended]

0
15. Amend Sec.  800.35(a) by:
0
a. Removing ``in rulemaking'' and adding in its place ``in a 
rulemaking''; and
0
b. Removing ``comments in writing containing'' adding in its place 
``written comments,''.


Sec.  800.41  [Amended]

0
16. Amend Sec.  800.41 by removing ``unless all persons subject to it 
are named and are personally served with a copy of it''.

PART 803--OFFICIAL SEAL

0
17. The authority citation for part 803 is revised to read as follows:

    Authority: 49 U.S.C. 1111(j), 1113(f).


Sec.  803.3  [Amended]

0
18. Amend Sec.  803.3 by removing ``Bureau'' everywhere it appears and 
adding in its place ``Office''.


Sec.  803.5  [Amended]

0
19. Amend Sec.  803.5(c) by:
0
a. Removing ``Bureau'' and adding in its place ``Office'';
0
b. Removing ``800 Independence Avenue'' and adding in its place ``490 
L'Enfant Plaza''; and
0
c. Adding ``-003'' after ``20594''.

PART 804--RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT

0
20. The authority citation for part 804 is revised to read as follows:

    Authority: 5 U.S.C. 552b; 49 U.S.C. 1113(f).


Sec.  804.1  [Amended]

0
21. Amend Sec.  804.1(b) by removing ``the NTSB regulations (49 CFR 
part 801)'' and adding in its place ``this chapter''.

0
22. Revise Sec.  804.5(d) to read as follows:


Sec.  804.5  Ground on which meetings may be closed or information may 
be withheld.

* * * * *
    (d) Disclose trade secrets or privileged or confidential commercial 
or financial information obtained from a person;
* * * * *


Sec.  804.6  [Amended]

0
23. Amend Sec.  804.6(b) by:
0
a. Removing ``800 Independence Avenue'' and adding in its place ``490 
L''Enfant Plaza''; and
0
b. Adding ``-003'' after ``20594''.


Sec.  804.7   [Amended]

0
24. Amend Sec.  804.7(b)(2) by removing ``be'' and adding in its place 
``is''.


Sec.  804.10  [Amended]

0
25. Amend Sec.  804.10 by removing ``the NTSB shall maintain'' and 
adding in its place ``The NTSB shall maintain''.

David Tochen,
General Counsel.
[FR Doc. 2016-26232 Filed 10-31-16; 8:45 am]
 BILLING CODE 7533-01-P
75730 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations

Pursuant to that plan, in this Final violates, nor requires further (4) Pipeline accidents in which there
Rule, the NTSB makes editorial consideration under, those Orders and is a fatality, significant injury to the
improvements and corrects obsolete statutes. environment, or substantial property
information and citations in parts 800 damage; and
List of Subjects
(Administrative Rules), 803 (Official (5) Major marine casualties and
Seal), and 804 (Rules Implementing the 49 CFR Part 800 marine accidents involving a public and
Government in the Sunshine Act). a non-public vessel or involving Coast
Administrative practice and
III. Regulatory Analysis procedure, Authority delegations Guard functions.
(Government agencies), Government (b) The Board makes transportation
This rule does not require an safety recommendations to federal,
assessment of its potential costs and employees, Organization and functions
(Government agencies). state, and local agencies and private
benefits under section 6(a)(3) of E.O. organizations to reduce the likelihood of
12866, Regulatory Planning and Review, 49 CFR Part 803 transportation accidents. It initiates and
58 FR 51735 (Sept. 30, 1993), because it conducts safety studies and special
is not a ‘‘significant regulatory action’’ Seals and insignia.
investigations on matters pertaining to
under section 3(f) of that Order. Thus, 49 CFR Part 804 safety in transportation, assesses
the Office of Management and Budget techniques and methods of accident
has not reviewed this rule under E.O. Sunshine Act.
For the reasons stated in the investigation, evaluates the effectiveness
12866. Likewise, this rule does not of transportation safety consciousness
require an analysis under the Unfunded preamble, the National Transportation
Safety Board amends 49 CFR parts 800, and efficacy of other Government
Mandates Reform Act, 2 U.S.C. 1501–71, agencies, and evaluates the adequacy of
or the National Environmental Policy 803, and 804 as set forth below:
safeguards and procedures concerning
Act, 42 U.S.C. 4321–47.
PART 800—ADMINISTRATIVE RULES the transportation of hazardous
In addition, under the Regulatory
Flexibility Act, 5 U.S.C. 601–12, the materials.
NTSB has considered whether this rule ■ 1. The authority citation for part 800 (c) Upon application of affected
would have a significant economic is revised to read as follows: parties, the Board reviews in
impact on a substantial number of small Authority: 49 U.S.C. 1101 et seq.; 49 quasijudicial proceedings, conducted
entities. The NTSB certifies under 5 U.S.C.40101 et seq. pursuant to the Administrative
U.S.C. 605(b) that this rule would not Procedure Act, 5 U.S.C. 551 et seq.,
have a significant economic impact on Subpart A—Organization and denials by the Administrator of the
a substantial number of small entities. functions Federal Aviation Administration of
Moreover, in accordance with 5 U.S.C. applications for airman certificates and
§ 800.1 [Amended]
605(b), the NTSB will submit this orders of the Administrator modifying,
certification to the Chief Counsel for ■ 1. Amend § 800.1 by removing ‘‘part’’ amending, suspending, or revoking
Advocacy at the Small Business and adding in its place ‘‘subpart’’. certificates or imposing civil penalties.
Administration. The Board also reviews on appeal the
§ 800.2 [Amended] decisions of the head of the agency in
Moreover, the NTSB does not
anticipate this rule will have a ■ 2. Amend § 800.2 as follows: which the U.S. Coast Guard is operating,
substantial, direct effect on state or local ■ a. In the introductory text, remove on appeals from orders of administrative
governments or will preempt state law; ‘‘the Federal Aviation Act of 1958, as law judges suspending, revoking, or
as such, this rule does not have amended (49 U.S.C. 40101 et seq.), and denying seamen licenses, certificates, or
implications for federalism under E.O. the Independent Safety Board Act of documents.
13132, Federalism, 64 FR 43255 (Aug. 4, 1974, as amended (49 U.S.C. 1101 et (d) The Board, as provided in part 801
1999). seq.)’’ and add in its place ‘‘49 U.S.C. of this chapter, issues reports and orders
This rule also complies with all chapter 11’’. pursuant to its duties to determine the
applicable standards in sections 3(a) ■ b. In paragraph (d), remove ‘‘the cause or probable cause or causes of
and 3(b)(2) of E.O. 12988, Civil Justice Federal Aviation Act of 1958, as transportation accidents and to report
Reform, 61 FR 4729 (Feb. 5, 1996), to amended’’ and add in its place ‘‘49 the facts, conditions and circumstances
minimize litigation, eliminate U.S.C. 1133’’. relating to such accidents; issues
ambiguity, and reduce burden. ■ 3. Revise § 800.3 to read as follows: opinions and/or orders in accordance
NTSB has evaluated this rule under: with 49 U.S.C. 1133 after reviewing on
E.O. 12630, Governmental Actions and § 800.3 Functions. appeal the imposition of a civil penalty
Interference with Constitutionally (a) The primary function of the Board or the suspension, amendment,
Protected Property Rights, 53 FR 8859 is to promote safety in transportation. modification, revocation, or denial of a
(Mar. 15, 1988); E.O. 13045, Protection The Board is responsible for the certificate or license issued by the
of Children from Environmental Health investigation, determination of facts, Secretary of the Department of
Risks and Safety Risks, 62 FR 19885 conditions, and circumstances and the Transportation (who acts through the
(Apr. 21, 1997); E.O. 13175, cause or probable cause or causes of: Administrator of the Federal Aviation
Consultation and Coordination with (1) All accidents involving civil Administration) or by the Commandant
Indian Tribal Governments, 65 FR aircraft, and certain public aircraft; of the United States Coast Guard; and
67249 (Nov. 6, 2000); E.O. 13211, (2) Highway accidents, including issues and makes available to the public
jstallworth on DSK7TPTVN1PROD with RULES

Actions Concerning Regulations That railroad grade-crossing accidents, the safety recommendations, safety studies,
Significantly Affect Energy Supply, investigation of which is selected in and reports of special investigations.
Distribution, or Use, 66 FR 28355 (May cooperation with the States;
§ 800.4 [Amended]
18, 2001); and the National Technology (3) Railroad accidents in which there
Transfer and Advancement Act, 15 is a fatality, substantial property ■ 4. Amend § 800.4 as follows:
U.S.C. 272 note. The NTSB has damage, or which involve a passenger ■ a. In paragraph (b), removing
concluded that this Final Rule neither train; ‘‘Government Printing Office’’ and

VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1
Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations 75731

adding in its place ‘‘Government § 800.35 [Amended] § 804.10 [Amended]
Publishing Office’’. ■ 15. Amend § 800.35(a) by: ■ 25. Amend § 804.10 by removing ‘‘the
■ b. In paragraph (e), adding ‘‘, or the ■ a. Removing ‘‘in rulemaking’’ and NTSB shall maintain’’ and adding in its
Commandant of the United States Coast adding in its place ‘‘in a rulemaking’’; place ‘‘The NTSB shall maintain’’.
Guard’’ after ‘‘Department of and
Transportation’’. David Tochen,
■ b. Removing ‘‘comments in writing
containing’’ adding in its place ‘‘written General Counsel.
§ 800.5 [Amended]
comments,’’. [FR Doc. 2016–26232 Filed 10–31–16; 8:45 am]
■ 5. Amend § 800.5 by adding ‘‘–003’’ BILLING CODE 7533–01–P
after ‘‘20594’’. § 800.41 [Amended]
■ 16. Amend § 800.41 by removing
Subpart B—Delegations of Authority to
‘‘unless all persons subject to it are DEPARTMENT OF COMMERCE
Staff Members
named and are personally served with a
§ 800.21 [Amended] copy of it’’. National Oceanic and Atmospheric
Administration
■ 6. Amend § 800.21 by removing PART 803—OFFICIAL SEAL
‘‘Subpart B’’ and adding in its place 50 CFR Part 648
‘‘subpart’’. ■ 17. The authority citation for part 803
is revised to read as follows: [Docket No. 151215999–6960–02]
§ 800.22 [Amended]
Authority: 49 U.S.C. 1111(j), 1113(f). RIN 0648–BF64
■ 7. Amend § 800.22(a)(2) by removing
‘‘sections 304(a)(2) and 307 of the § 803.3 [Amended] Fisheries of the Northeastern United
Independent Safety Board Act of 1974 States; Atlantic Herring Fishery;
■ 18. Amend § 803.3 by removing
(49 U.S.C. 1131(d) and 1135(c))’’ adding Specification of Management
in its place ‘‘49 U.S.C. 1131(e), 1135(c)’’. ‘‘Bureau’’ everywhere it appears and
adding in its place ‘‘Office’’. Measures for Atlantic Herring for the
§ 800.24 [Amended] 2016–2018 Fishing Years
§ 803.5 [Amended]
■ 8. Amend § 800.24(f) by removing AGENCY: National Marine Fisheries
‘‘the Independent Safety Board Act of ■ 19. Amend § 803.5(c) by: Service (NMFS), National Oceanic and
■ a. Removing ‘‘Bureau’’ and adding in Atmospheric Administration (NOAA),
1974, as amended,’’ adding in its place
its place ‘‘Office’’; Commerce.
‘‘49 U.S.C. chapter 11, subchapter IV,’’.
■ b. Removing ‘‘800 Independence
ACTION: Final rule.
§ 800.25 [Amended] Avenue’’ and adding in its place ‘‘490
■ 9. Amend § 800.25 as follows: L’Enfant Plaza’’; and SUMMARY: NMFS is implementing final
■ c. Adding ‘‘–003’’ after ‘‘20594’’. specifications and management
■ a. In paragraph (c), removing
‘‘§ 845.41 of this Chapter’’ adding in its measures for the 2016–2018 Atlantic
PART 804—RULES IMPLEMENTING herring fishery. This action sets harvest
place ‘‘§ 845.32 of this chapter’’. THE GOVERNMENT IN THE SUNSHINE
■ b. In paragraph (d), removing specifications and river herring/shad
ACT catch caps for the herring fishery for the
‘‘§ 304(a) of the Independent Safety
Board Act of 1974, as amended (49 ■ 20. The authority citation for part 804 2016–2018 fishing years, as
U.S.C. 1131(a)) and the Appendix to this is revised to read as follows: recommended to NMFS by the New
Part’’ adding in its place ‘‘49 U.S.C. England Fishery Management Council.
Authority: 5 U.S.C. 552b; 49 U.S.C. 1113(f). The river herring/shad catch caps are
1131 and the appendix to this part’’.
§ 804.1 [Amended] area and gear-specific. River herring and
§ 800.26 [Amended] shad catch from a specific area with a
■ 10. Amend § 800.26 by removing ■ 21. Amend § 804.1(b) by removing specific gear counts against a cap for
‘‘board’’ and adding in its place ‘‘the NTSB regulations (49 CFR part trips landing more than a minimum
‘‘Board’’. 801)’’ and adding in its place ‘‘this amount of herring. The specifications
chapter’’. and management measures in this
§ 800.27 [Amended] ■ 22. Revise § 804.5(d) to read as action meet conservation objectives
■ 11. Amend § 800.27 by removing ‘‘of follows: while providing sustainable levels of
the Safety Board’’. § 804.5 Ground on which meetings may be access to the fishery.
closed or information may be withheld. DATES: Effective December 1, 2016.
Subpart C—Procedures for Adoption
* * * * * ADDRESSES: Copies of supporting
of Rules
(d) Disclose trade secrets or privileged documents used by the New England
§ 800.30 [Amended] or confidential commercial or financial Fishery Management Council, including
■ 12. Amend § 800.30 by removing information obtained from a person; the Environmental Assessment (EA) and
‘‘1101–1155’’ and adding in its place * * * * * Regulatory Impact Review (RIR)/Initial
‘‘1113(f)’’. Regulatory Flexibility Analysis (IRFA),
§ 804.6 [Amended] are available from: Thomas A. Nies,
§ 800.31 [Amended] ■ 23. Amend § 804.6(b) by: Executive Director, New England
■ 13. Amend § 800.31 by removing ■ a. Removing ‘‘800 Independence Fishery Management Council, 50 Water
jstallworth on DSK7TPTVN1PROD with RULES

‘‘deemed relevant by the NTSB relating Avenue’’ and adding in its place ‘‘490 Street, Mill 2, Newburyport, MA 01950,
to rulemaking’’ and adding in its place L’’Enfant Plaza’’; and telephone (978) 465–0492. The EA/RIR/
‘‘relevant to NTSB rulemaking’’. ■ b. Adding ‘‘–003’’ after ‘‘20594’’. IRFA is also accessible via the Internet
at http://
§ 800.33 [Amended] § 804.7 [Amended] www.greateratlantic.fisheries.noaa.gov/.
■ 14. Amend § 800.33 by removing ■ 24. Amend § 804.7(b)(2) by removing FOR FURTHER INFORMATION CONTACT:
‘‘551’’ and adding in its place ‘‘553’’. ‘‘be’’ and adding in its place ‘‘is’’. Shannah Jaburek, Fishery Management

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective November 1, 2016.
Contact		Matthew D. McKenzie, Attorney-Advisor, (202) 314-6080, [email protected]
FR Citation		81 FR 75729
RIN Number		3147-AA03, 3147-AA08 and 3147-AA09
CFR Citation		49 CFR 800 49 CFR 803 49 CFR 804
CFR Associated		Administrative Practice and Procedure; Authority Delegations (government Agencies); Government Employees; Organization and Functions (government Agencies); Seals and Insignia and Sunshine Act