[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1193-1195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31623]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Chapter VIII
[Docket No. NTSB-GC-2012-0002]
Retrospective Analysis of Existing Rules; Notification
AGENCY: National Transportation Safety Board (NTSB or Board).
ACTION: Notification.
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SUMMARY: On June 25, 2012, the NTSB published a request for information
stating it was undertaking a review of all its regulations. 77 FR
37865. The NTSB indicated this review would occur as a result of
Executive Order 13579, ``Regulation and Independent Regulatory
Agencies,'' issued July 11, 2011, (76 FR 41587, July 14, 2011), which
directs agencies to review all regulations to ensure they are up-to-
date and comply with the principles articulated in Executive Order
13579. The NTSB stated it would specifically analyze all regulations
within 49 CFR part 831, concerning accident investigation procedures,
and publish a document setting forth its plan for proceeding with
updates to its regulations. The NTSB collected comments from the public
concerning its regulations, and herein notifies the public of its plan
to update all NTSB regulations.
ADDRESSES: Copies of this notification, published in the Federal
Register (FR), are available for inspection and copying in the NTSB's
public reading room, located at 490 L'Enfant Plaza SW., Washington, DC
20594-2003. Alternatively, documents related to this comprehensive
review of NTSB regulations are 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. Requirement To Review Regulations
In accordance with Executive Order 13579, the NTSB published a
request for information stating it would undertake a comprehensive
review of its regulations. Executive Order 13579 requests independent
agencies issue public plans for periodic retrospective analysis of
their existing ``significant regulations.'' The executive order states
such analyses should identify any significant regulations that may be
outmoded, ineffective, insufficient, or excessively burdensome. Then,
the agency's plan should describe how it will modify, streamline,
expand, or repeal those regulations in order to achieve the agency's
regulatory objective. The President ordered agencies to allow for
public participation in retrospective reviews; prioritize their reviews
by first addressing the regulations that will provide the most
significant monetary savings or in reductions in paperwork burdens; and
regularly report the status of retrospective reviews to OIRA. The NTSB
is committed to fulfilling the
[[Page 1194]]
requirements set forth in this follow-up order.
As described in the NTSB's June 25, 2012 request for information,
Executive Order 13579 encourages independent agencies to review
``significant regulations''; however, the executive order does not
define what agencies should consider to be ``significant regulations.''
The NTSB decided to utilize the definition of a ``significant
regulatory action'' provided in Executive Order 12866, ``Regulatory
Planning and Review,'' which is the executive order that established
the modern regulatory review structure.\1\ The NTSB then determined
that a very limited number of its regulatory actions are ``major
rules,'' because they do not have a ``significant economic impact upon
a substantial number of small entities.'' The NTSB's request for
information, therefore, described only the NTSB regulations that could,
when viewed in the broadest sense, have a significant economic impact
upon a substantial number of small entities.
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\1\ Section 3(f) of Executive Order 12866 defines ``significant
regulatory action'' as one that is likely to result in a rule that
may:
(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
(4) Raise novel, legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
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The NTSB's request for information set forth a 6-month timeframe in
which the NTSB indicated it would specifically review all provisions
within part 831. In particular, the request for information states the
NTSB would:
[R]eview 49 CFR part 831 within the next 6 months to determine
if any sections within part 831 could be modified, streamlined,
expanded, or repealed, pursuant to the direction of Executive Order
13579. The NTSB's findings will form the basis for the NTSB's
decision concerning whether the NTSB should make any changes to part
831. The NTSB is committed to issuing a Notice of Proposed
Rulemaking within 6 months of the published findings, should the
findings counsel in favor of changing any sections of part 831.
77 FR at 37867.
As explained more fully below, the NTSB has reviewed part 831 and
anticipates publishing a notice of proposed rulemaking (NPRM) to
suggest various changes to part 831.
II. The NTSB's Review and Upcoming Changes
Since publishing its June 25, 2012 request for information, the
NTSB has reviewed all parts of its regulations: 49 CFR Parts 800-850.
The NTSB has determined to update certain parts in the near future, in
accordance with the standard informal rulemaking procedure of
soliciting comments from the public (Phase I). The NTSB then plans to
publish a document indicating its changes to rules applicable only to
internal agency matters (Phase II). Finally, the NTSB also plans to
update other parts at a later date, as these parts require coordination
with other agencies, and therefore should appear on a different
timeline (Phase III).
Phase I: Review of Parts Requiring Comment
The NTSB has carefully reviewed the following regulatory parts, and
plans to publish a notice of proposed rulemaking updating these parts
within three months of the date of this notification: Parts 801, 802,
803, 804, 806, 807, 825, 830, 831, 835, 837, 840, and 845. The NTSB has
also drafted an additional part, to set forth requirements of
notification applicable to certain highway accidents.
As discussed in the June 25, 2012 request for information, the NTSB
identified one part of its regulations that may contain ``significant
regulations'' pursuant to the definition contemplated above: 49 CFR
part 831. This part, entitled ``Accident/Incident Investigation
Procedures,'' contains a set of 14 sections describing the NTSB's
``party process,'' which involves the NTSB's invitation to outside
entities to assist with an investigation as a ``party.'' The NTSB
typically extends party status to those organizations that can provide
the necessary technical assistance to the investigation. The role of
party representatives is to support the NTSB's investigation at the
direction of the NTSB, all with the ultimate goal of improving
transportation safety. These parties could be small entities, which the
NTSB may request be available for the on-scene portion of an
investigation, as well as follow-up meetings and/or tasks. The NTSB
does not reimburse investigation participants for the amount of time
expended for an NTSB investigation, nor does the NTSB pay for any
travel costs that arise out of such participation. As a result, it is
remotely possible that a combination of NTSB investigations could
result in costs that exceed $100 million.
The NTSB has undertaken a comprehensive review of part 831, and
carefully considered the five comments the NTSB received as a result of
its June 25, 2012 announcement indicating the plan to update NTSB
regulations. The NTSB posted these comments in the public rulemaking
docket, available at www.regulations.gov, Docket No. NTSB-GC-2012-0002.
The NTSB plans to publish an NPRM that responds to all comments and
sets forth proposed changes to part 831.
In addition, the NTSB has undertaken a review of its other
regulatory parts, and also plans to issue an NPRM proposing changes to
the other parts listed above. Within this NPRM, the NTSB will most
likely propose a new part to address notification of certain highway
accidents.
The NTSB may publish its proposed changes to part 831 in the same
NPRM as its changes to the other parts. In this regard, Phase I of the
NTSB's comprehensive review of its regulations may consist of two
tiers.
Phase II: Changes Not Requiring Public Comment
In Phase II, the NTSB will issue changes to 49 CFR part 800. The
NTSB has identified several sections of part 800 that are outdated. In
addition, the NTSB recognizes several additional duties should be
included in certain sections within part 800. Part 800 solely consists
of internal agency procedures that are not relevant to the NTSB's work
with the public, its parties, or any other agency. As a result, the
NTSB does not plan to seek comments from the public concerning changes
to part 800. 5 U.S.C. 553(b)(3)(A) (exempting from the public comment
requirement ``rules of agency organization, procedure, or practice'').
The NTSB plans to publish its changes to part 800 in conjunction with,
or shortly after, its publication of the final NPRM described in the
plan for Phase I.
Phase III: Changes Requiring Consultation With Other Agencies
The NTSB, at this time, is not prepared to alter part 850 of its
regulations, which set forth procedures applicable to marine accident
investigations. The NTSB maintains a close working relationship with
the United States Coast Guard in accordance with 49 U.S.C. 1131, part
850 and a Memorandum of Understanding. The NTSB plans to address with
the Coast Guard any changes to part 850, and prepare such changes on a
distinct timeline, rather than contemporaneously with all other updates
from Phases I and II of this project.
[[Page 1195]]
In the event the NTSB identifies the need for additional regulatory
changes or additions it believes would benefit the agency, but require
collaborating with other Federal agencies, the NTSB will also attempt
to include such changes in Phase III of this project.
III. Biennial Review
As stated in its June 25, 2012 request for information, the NTSB
has not overseen any investigations that come within the definition of
``significant regulatory actions.'' Nevertheless, the NTSB indicated it
is committed to reviewing its regulations within 49 CFR part 831, in
the interest of ensuring none are ``outmoded, ineffective,
insufficient, or excessively burdensome'' under Executive Orders
13563,''Regulation and Independent Regulatory Agencies,'' issued
January 18, 2011 (76 FR 3821, January 21, 2011) and 13579. As a result,
following the comprehensive review and publication of the NPRM and
final rule documents discussed in this notification, the NTSB will
undertake a biennial review of part 831 to ensure no regulations are
outmoded, ineffective, insufficient, or excessively burdensome.
Following each biennial review, the NTSB will make its findings
available for public comment.
IV. Cultural Change
The NTSB's June 25, 2012 request for information also stated it was
committed to encouraging and fostering a culture at the NTSB that
ensures agency employees are aware NTSB regulations must remain up-to-
date. The NTSB believes it has begun to achieve this goal, as almost
all offices at the NTSB have been involved in the comprehensive review
of regulations the NTSB recently concluded. Offices are aware of the
importance of ensuring regulations are not outdated or difficult to
comprehend.
Deborah A.P. Hersman,
Chairman.
[FR Doc. 2012-31623 Filed 1-7-13; 8:45 am]
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