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

Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. Comments may 

also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the ADDRESSES section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Paula Higbee, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at (913) 551– 

7028, or by email at higbee.paula@

epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving the state’s 

SIP and Title V revisions to 10 C.S.R. 

10–6.110 ‘‘Reporting Emission Data, 

Emission Fees, and Process 

Information’’ as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

revision amendment and anticipates no 

relevant adverse comments to this 

action. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated in 

relation to this action. If EPA receives 

relevant adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed action. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on part of 

this rule and if that part can be severed 

from the remainder of the rule, EPA may 

adopt as final those parts of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the rules section of this Federal 

Register. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: March 4, 2015. 

Mark J. Hague, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2015–06126 Filed 3–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 845 

RIN 3147–AA02 

[Docket No. NTSB–GC–2012–0002] 

Rules of Practice in Transportation: 

Investigative Hearings; Meetings; 

Reports; and Petitions for 

Reconsideration 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The NTSB is proposing to 

amend provisions within its regulations, 

which contains the NTSB’s procedures 

for holding investigative hearings, 

various types of meetings, issuing 

reports, and responding to petitions for 

reconsideration. This notice proposes a 

number of substantive and technical 

changes. In particular, the NTSB 

proposes to reorganize parts of its 

regulations into different subparts to 

ensure the part is easy to follow. 

DATES: Comments must be received by 

May 18, 2015. Comments received after 

the deadline will be considered to the 

extent possible. 

ADDRESSES: A copy of this NPRM, 

published in the Federal Register (FR), 

is available for inspection and copying 

in the NTSB’s public reading room, 

located at 490 L’Enfant Plaza SW., 

Washington, DC 20594–2003. 

Alternatively, a copy is available on the 

government-wide Web site on 

regulations at http://

www.regulations.gov (Docket ID Number 

NTSB–GC–2012–0002). 

You may send comments identified 

by Docket ID Number NTSB–GC–2012– 

0002 using any of the following 

methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

Mail: Send comments to NTSB Office 

of General Counsel, 490 L’Enfant Plaza 

SW., Washington, DC 20594–2003. 

Facsimile: Fax comments to 202–314– 

6090. 

Hand Delivery: Bring comments to 

490 L’Enfant Plaza East SW., 6th Floor, 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

David Tochen, General Counsel, (202) 

314–6080. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 25, 2012, the NTSB 

published a notice indicating its intent 

to undertake a review of all NTSB 

regulations to ensure they are updated. 

77 FR 37865. The NTSB initiated this 

review in accordance with Executive 

Order 13579, ‘‘Regulation and 

Independent Regulatory Agencies’’ (76 

FR 41587, July 14, 2011). The purpose 

of Executive Order 13579 is to ensure all 

agencies adhere to the key principles 

found in Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review’’ (76 FR 3821, January 21, 2011), 

which include promoting public 

participation in rulemaking, improving 

integration and innovation, promoting 

flexibility and freedom of choice, and 

ensuring scientific integrity during the 

rulemaking process in order to create a 

regulatory system that protects public 

health, welfare, safety, and the 

environment while promoting economic 

growth, innovation, competitiveness, 

and job creation. The NTSB explained 

in its June 25, 2012, notice that it is 

committed to ensuring its regulations 

remain updated and comply with these 

principles. 

The NTSB’s notice concerning its 

plan for reviewing all NTSB regulations 

indicated the NTSB would specifically 

conduct a comprehensive review of 49 

CFR part 831, which describes the 

NTSB’s investigative process. The NTSB 

completed this review and published an 

NPRM proposing various changes to 

part 831 on August 12, 2014. 79 FR 

47064. 

The NTSB published an additional 

notice in the Federal Register on 

January 8, 2013, describing the NTSB’s 

plan for updating all regulations. 78 FR 

1193. In accordance with these two 

notices published in the Federal 

Register, the NTSB reviewed all 

sections within 49 CFR part 845, in the 

interest of ensuring they accomplish the 

objectives stated in Executive Order 

13563. The NTSB publishes this NPRM 

in accordance with the NTSB’s plan. 


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1Part 845 does not apply to oral arguments before 

the Board under 49 CFR part 821, which governs 

appeals of aviation certificate enforcement actions. 

II. Description of Changes 

The NTSB proposes reorganizing 49 

CFR part 845 and adding two new 

sections to describe Board meetings 

concerning NTSB products. The current 

version of part 845 consists of three 

general sections (titled ‘‘Applicability,’’ 

‘‘Nature of hearing,’’ and ‘‘Sessions 

open to the public’’) followed by four 

subparts (titled ‘‘Initial procedure,’’ 

‘‘Conduct of hearing,’’ ‘‘Board reports,’’ 

and ‘‘Public record’’). The NTSB 

carefully has reviewed part 845 and 

determined the current format could be 

improved for clarity and ease of 

understanding. In addition, part 845 

does not discuss Board meetings 

concerning investigations and NTSB 

products, even though meetings 

concerning such topics are a key 

component of the Board’s work and 

provide transparency in agency 

activities and operations. Therefore, the 

NTSB proposes organizing part 845 into 

three subparts, titled ‘‘Investigative 

hearings,’’ ‘‘Meetings,’’ and ‘‘Reports.’’ 

Subject to a number of proposed 

changes, this NPRM would maintain 

most of the text from the existing 

sections addressing investigative 

hearings, which are currently codified at 

sections 845.2 (‘‘Nature of hearing’’), 

845.3 (‘‘Sessions open to the public’’), 

845.10 (‘‘Determination to hold 

hearing’’), 845.11 (‘‘Board of inquiry’’), 

845.12 (‘‘Notice of hearing’’), 845.13 

(‘‘Designation of parties’’), 845.20 

(‘‘Powers of chairman of board of 

inquiry’’), 845.21 (‘‘Hearing officer’’), 

845.22 (‘‘Technical panel’’), 845.23 

(‘‘Prehearing conference’’), 845.24 

(‘‘Right of representation’’), 845.25 

(‘‘Examination of witnesses’’), 845.26 

(‘‘Evidence’’), 845.27 (‘‘Proposed 

findings’’), 845.28 (‘‘Stenographic 

transcript’’), and 845.29 (‘‘Payment of 

witnesses’’). The NTSB suggests changes 

to the text of these sections, which 

include changing terminology to 

describe transportation events and 

substituting ‘‘NTSB’’ in place of the 

term ‘‘Board,’’ unless the term ‘‘Board’’ 

refers to the statutorily appointed 

members of the Board. The NTSB also 

proposes numbering these sections 

sequentially within the proposed 

subpart addressing investigative 

hearings. 

In order to ensure the initial sections 

of part 845 are clear, the NTSB proposes 

removing the term ‘‘formal issues’’ from 

§ 845.2, which currently states (in part), 

‘‘[s]uch hearings are fact-finding 

proceedings with no formal issues and 

no adverse parties . . .’’ The term 

‘‘formal issues’’ is not a legal term of art, 

and is not defined in NTSB regulations. 

The NTSB does not believe the 

inclusion of this term in § 845.2 is 

necessary. In addition, the NTSB 

proposes reorganizing the text of § 845.2 

to explain the purpose of an 

investigative hearing is to develop 

further the facts, conditions, and 

circumstances of the transportation 

event. The NTSB also proposes 

including text stating investigative 

hearings are not conducted for the 

purpose of determining the rights or 

liabilities of any person. The NTSB 

proposes this language because, in 

recent years, witnesses and parties who 

attend investigative hearings have been 

involved in ongoing litigation relating to 

the subject of a hearing with greater 

frequency or may become involved in 

litigation. In this section, the NTSB 

seeks to emphasize the purpose of 

investigative hearings is to obtain 

accurate, complete, and welldocumented factual information related 

to NTSB investigations.1

In addition, the NTSB proposes 

removing a sentence from the existing 

version of 845.11 (‘‘Board of inquiry’’), 

which currently states, ‘‘[a]ssignment of 

a Member to serve as the chairman of 

each board of inquiry shall be 

determined by the Board.’’ The NTSB 

believes such assignments are internal 

agency procedures. As a result, the 

agency does not believe it is necessary 

to codify a procedure specifying how 

the Board might assign a Member to 

serve as the chairman of each board of 

inquiry. The NTSB will handle such 

assignments via Board policies. 

As a point of clarification, the NTSB 

notes it does not suggest changes to the 

text of proposed section § 845.15 

(‘‘Payment of witnesses’’); this text is 

duplicative of the existing text of 

§ 845.29. However, the NTSB notes its 

practice is to pay witnesses who would 

not attend if the agency did not pay the 

travel expenses associated with 

attendance. In addition, we note the 

Invitational Travel statute, codified at 5 

U.S.C. 5703, allows the NTSB to 

reimburse a speaker or witness if the 

person is providing a direct service to 

the agency for which he or she is not 

receiving any compensation. 

Regarding the proposed new subpart 

addressing Board meetings, the NTSB 

proposes two new sections. The first 

section, to be codified at 845.20 

(‘‘Meetings’’), states the Board may hold 

a meeting when the Board determines 

such a meeting is in the public interest. 

The NTSB also proposes adding 

§ 845.21 (‘‘Symposiums, forums, and 

conferences’’) to apply some of the 

provisions of § 845.20 to symposiums, 

forums, and conferences. The NTSB 

proposes three paragraphs within the 

new § 845.21, the first of which will 

provide definitions for these three types 

of proceedings. The NTSB proposes 

adding within paragraph (a) of § 845.21 

the statement, ‘‘these proceedings are 

related to transportation safety matters 

and will be convened for the purpose of 

focusing attention, raising awareness, 

encouraging dialogue, educating the 

NTSB, or generally advancing or 

developing safety recommendations.’’ 

This proposed version of paragraph 

(a)(2) will also state the ‘‘goals of the 

proceeding will be clearly articulated 

and outlined, and will be consistent 

with the mission of the NTSB.’’ The 

NTSB also proposes adding paragraph 

(b) within § 845.21, to clarify a quorum 

of the Board is not required to 

participate in symposiums, forums, or 

conferences. 

Also in paragraph (b), the NTSB 

proposes adding a statement that 

symposiums, forums, and conferences 

are not intended to be used as a means 

to obtain evidence or establish facts for 

a particular NTSB investigation. The 

NTSB expects this language will 

provide clarity to potential participants 

or people who are interested in 

attending an NTSB symposium, forum, 

or conference. The proposed language 

also provides the proceedings may have 

a relationship to previous, ongoing, or 

future investigative activities, the 

purpose of which is to provide 

supporting and collaborative 

information, but not to obtain direct 

evidence for a specific investigation. 

Following paragraph (b), the NTSB 

proposes paragraph (c), which simply 

states participation in a symposium, 

forum, or conference is voluntary. This 

statement will clarify the NTSB will not 

issue a subpoena for attendance at such 

proceedings. The paragraphs within 

§ 845.21 will function to educate the 

public and the transportation 

community that the NTSB may hold 

forums, symposiums, and conferences, 

to fulfill Congress’s intent of ensuring 

NTSB staff and Board Members remain 

educated and adhere to a well-rounded 

approach for improving transportation 

safety in a variety of ways. 

In the new subpart C of part 845 

(‘‘Reports’’), the NTSB proposes keeping 

the text of existing §§ 845.40 (currently 

titled ‘‘Accident report’’), 845.41 

(‘‘Petitions for reconsideration or 

modification’’), 845.50 (‘‘Public 

dockets’’), and 845.51 (‘‘Investigation to 

remain open’’) largely unchanged, but 

updating the terminology in these 

sections, and re-codifying them with 


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2 79 FR 47064 (Aug. 12, 2014). The NPRM 

concerning proposed changes to 49 CFR part 831 

explained the NTSB’s proposal to modify its 

terminology within its regulations by utilizing the 

term ‘‘event,’’ and, in some sections, other 

descriptive terms. Id. at 47065. 

sequential numbers beginning at 

§ 845.30. 

In § 845.30, to be titled, ‘‘Board 

products,’’ the NTSB proposes 

maintaining essentially unchanged 

within paragraph (a) the text currently 

in § 845.40(a), which describes reports. 

The NTSB proposes adding language to 

§ 845.30(a)(2) pointing out the Board, 

consistent with longstanding agency 

process and procedure, allows the 

appropriate office director to issue a 

brief, which will include the probable 

cause and relevant facts, conditions, and 

circumstances concerning the event 

investigated. The Board has delegated to 

office directors the authority to issue 

such determinations in 49 CFR 800.25. 

Section 845.30(a)(2), as proposed, 

includes a description of ‘‘brief’’ as a 

document that includes the probable 

cause and relevant facts, conditions, and 

circumstances. The proposed language 

includes a citation to § 800.25, which 

provides office directors the authority to 

determine the probable cause by issuing 

such briefs. In addition, the NTSB 

proposes adding a new paragraph to 

§ 845.30 to describe safety 

recommendations, which the Board may 

adopt and issue as a stand-alone Board 

product outside the context of a specific 

report or other type of Board product. 

The NTSB proposes including the 

section discussing public dockets 

immediately following the section 

describing reports and briefs, as NTSB 

public dockets contain information 

supporting the statements in reports and 

briefs. Within § 845.31, the NTSB 

proposes only a few minor changes, 

such as including a reference to the 

definition of ‘‘public docket’’ in § 801.3 

of this chapter, and removing the term 

‘‘accident,’’ to ensure consistency with 

the NTSB’s Notice of Proposed 

Rulemaking for changes to 49 CFR part 

831.2 The NTSB also proposes updating 

paragraph (c), which advises the public 

of how it might access material in the 

public docket. The NTSB places public 

dockets on its Web page at 

www.ntsb.gov, to allow the public to 

download them free of charge. 

Therefore, the NTSB proposes adding its 

Web site link to § 845.31(c). 

The NTSB proposes moving the 

section currently located at 49 CFR 

845.41 (‘‘Petitions for reconsideration or 

modification’’) to § 845.32. The NTSB 

also proposes organizing this section 

with headings for each paragraph, to 

ensure the public and interested parties 

can easily follow it. The first proposed 

heading will be titled ‘‘requirements,’’ 

and will state the requirements 

applicable to submissions of petitions 

for reconsideration or modification 

currently listed in scattered places 

within § 845.41. Therefore, the 

‘‘requirements’’ paragraph (§ 845.32(a)) 

will state only individuals or entities 

having a ‘‘direct interest’’ in the 

investigation may submit petitions. The 

paragraph will also require petitions be 

in writing and be based on the discovery 

of new evidence or a showing the 

Board’s findings were erroneous. 

The NTSB proposes titling the second 

paragraph as ‘‘acceptance of petitions,’’ 

which will include some of the same 

text as is currently located in § 845.41. 

The NTSB, however, proposes to delete 

the statement the Board will not 

consider petitions filed by an individual 

or entity who could have submitted 

proposed findings, as described in the 

current version of § 845.27. Individuals 

and entities have interpreted § 845.41 to 

mean they cannot submit a petition for 

reconsideration. Under the current text, 

if the individual or entity failed to 

submit a comment, the individual or 

entity would ostensibly waive the right 

to petition the Board for 

reconsideration. However, the NTSB is 

unlikely to prohibit such an individual 

or entity from later filing a petition for 

reconsideration. As a result, in the 

proposed version of § 845.13, the NTSB 

removes the statement that it will not 

consider petitions for reconsideration 

from an individual or entity who could 

have submitted proposed findings. 

The NTSB also proposes retaining the 

requirement that any individual or 

entity filing a petition for 

reconsideration or modification submit 

with its petition proof it served the 

petition on all parties to the 

investigation or investigative hearing. 

The paragraph will also include the 

deadline of 90 days, within which 

interested individuals or entities may 

file comments to the petition. These 

provisions within the ‘‘proof of service’’ 

paragraph are currently located at 49 

CFR 845.41(b) of the NTSB’s 

regulations. 

Lastly, the NTSB proposes titling 

§ 845.32(d) ‘‘oral presentation.’’ The 

current version of § 845.41(c) includes 

the same provisions as this new 

paragraph, but dividing it into two 

portions, the first of which states oral 

presentation will not normally be a part 

of the proceedings within part 845, and 

the second of which states the Board, 

upon granting a request for an oral 

presentation, will specify which issues 

will be addressed at the presentation. 

The NTSB believes dividing this 

paragraph into two numbered sentences, 

as well as using the term ‘‘party or 

interested person,’’ will provide greater 

clarity. 

The NTSB proposes moving § 845.51 

(‘‘Investigation to remain open’’) to 

§ 845.33. The NTSB plans to retain the 

title ‘‘investigation to remain open,’’ 

with the addition of the word ‘‘event.’’ 

III. Regulatory Analysis 

This NPRM is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of the potential 

costs and benefits under section 6(a)(3) 

of that Order. As such, the Office of 

Management and Budget has not 

reviewed this proposed rule under 

Executive Order 12866. Likewise, this 

proposed rule does not require an 

analysis under the Unfunded Mandates 

Reform Act, 2 U.S.C. 1501–1571, or the 

National Environmental Policy Act, 42 

U.S.C. 4321–4347. 

In addition, the NTSB has considered 

whether this NPRM would have a 

significant economic impact on a 

substantial number of small entities, 

under the Regulatory Flexibility Act (5 

U.S.C. 601–612). The NTSB certifies 

under 5 U.S.C. 605(b) that this NPRM 

would not have a significant economic 

impact on a substantial number of small 

entities. Moreover, in accordance with 5 

U.S.C. 605(b), the NTSB will submit this 

certification to the Chief Counsel for 

Advocacy at the Small Business 

Administration. Moreover, the NTSB 

does not anticipate this NPRM will have 

a substantial, direct effect on state or 

local governments or will preempt state 

law; as such, this NPRM does not have 

implications for federalism under 

Executive Order 13132, Federalism. 

This NPRM also complies with all 

applicable standards in sections 3(a) 

and 3(b)(2) of Executive Order 12988, 

Civil Justice Reform, to minimize 

litigation, eliminate ambiguity, and 

reduce burden. In addition, the NTSB 

has evaluated this NPRM under: 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights; Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks; Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments; Executive 

Order 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use; and 

the National Technology Transfer and 

Advancement Act, 15 U.S.C. 272 note. 

The NTSB has concluded that this 

NPRM does not contravene any of the 


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requirements set forth in these 

Executive Orders or statutes, nor does 

this NPRM prompt further consideration 

with regard to such requirements. 

The NTSB invites comments relating 

to any of the foregoing determinations 

and notes the most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. 

List of Subjects in 49 CFR Part 845 

Administrative practice and 

procedure, Investigations, Organization 

and functions (Government agencies), 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

For the reasons discussed in the 

preamble, the NTSB proposes to amend 

49 CFR part 845 as follows: 

Title 49—Transportation 

PART 845—RULES OF PRACTICE IN 

TRANSPORTATION: INVESTIGATIVE 

HEARINGS; MEETINGS; AND 

REPORTS; PETITIONS FOR 

RECONSIDERATION 

■ 1. The authority citation for 49 CFR 

part 845 is revised to read as follows: 

Authority: Sec. 515, Pub. L. 106–554, App. 

C, 114 Stat. 2763, 2763A–153 (44 U.S.C. 3516 

note); 49 U.S.C. 1112, 1113(f), 1116, 1131, 

unless otherwise noted. 

■ 2. Revise part 845 to read as follows: 

845.1 Applicability of part. 

Subpart A—Investigative Hearings 

845.2 Investigative hearings. 

845.3 Sessions open to the public. 

845.4 Determination to hold hearing. 

845.5 Board of inquiry. 

845.6 Designation of parties. 

845.7 Hearing officer. 

845.8 Technical panel. 

845.9 Prehearing conference. 

845.10 Right of representation. 

845.11 Examination of witnesses. 

845.12 Evidence. 

845.13 Proposed findings. 

845.14 Transcript. 

845.15 Payment of witnesses. 

Subpart B—Meetings 

845.20 Meetings. 

845.21 Symposiums, forums, and 

conferences. 

Subpart C—Miscellaneous Provisions 

845.30 Board products. 

845.31 Public docket. 

845.32 Petitions for reconsideration or 

modification of report. 

845.33 Investigation to remain open. 

PART 845—RULES OF PRACTICE IN 

TRANSPORTATION: INVESTIGATIVE 

HEARINGS; MEETINGS; AND 

REPORTS; PETITIONS FOR 

RECONSIDERATION 

§ 845.1 Applicability. 

Unless otherwise specifically ordered 

by the National Transportation Safety 

Board (NTSB), the provisions of this 

part shall govern all NTSB proceedings 

conducted under the authority of 49 

U.S.C. 1113 and 1131, and reports 

issued by the Board. 

Subpart A—Investigative Hearings 

§ 845.2 Investigative hearings. 

Investigative hearings are convened to 

assist the NTSB in further developing 

the facts, conditions, and circumstances 

of the transportation event, which will 

ultimately assist the Board in 

determining the cause or probable cause 

of the event, and in ascertaining 

measures that will tend to prevent such 

events and promote transportation 

safety. Investigative hearings are factfinding proceedings with no adverse 

parties. They are not subject to the 

provisions of the Administrative 

Procedure Act (5 U.S.C. 554), and are 

not conducted for the purpose of 

determining the rights, liabilities, or 

blame of any person or entity. 

§ 845.3 Sessions open to the public. 

(a) All investigative hearings shall 

normally be open to the public. 

However, no person shall be allowed at 

any time to interfere with the proper 

and orderly functioning of the hearing. 

(b) Sessions shall not be open to the 

public when evidence of a classified 

nature or which affects national security 

is to be received. 

§ 845.4 Determination to hold hearing. 

(a) The Board may order an 

investigative hearing as part of an 

investigation whenever a hearing is 

deemed necessary in the public interest. 

(b) If a quorum of the Board is not 

immediately available, the 

determination to hold an investigative 

hearing may be made by the Chairman 

of the Board. 

§ 845.5 Board of inquiry. 

(a) Composition of board of inquiry. 

The board of inquiry shall consist of a 

chairman of the board of inquiry, as 

specified in paragraph (c) of this 

section, and other members in 

accordance with Board policy. 

(b) Duties of board of inquiry. The 

board of inquiry shall examine 

witnesses and secure, in the form of a 

public record, facts pertaining to the 

event under investigation and 

surrounding circumstances and 

conditions from which the Board may 

determine probable cause and may 

formulate recommendations and/or 

other documents for corrective or 

preventative action. 

(c) Chairman of board of inquiry. 

(1) The NTSB will provide notice of 

the time and place of the investigative 

hearing to all known interested persons. 

(2) The chairman of the board of 

inquiry, or his or her designee, shall 

have the following powers: 

(A) To designate parties to the 

investigative hearing and revoke such 

designations; 

(B) To open, continue, or adjourn the 

investigative hearing; 

(C) To determine the admissibility of 

and to receive evidence and to regulate 

the course of the investigative hearing; 

(D) To dispose of procedural requests 

or similar matters; and 

(E) To take any other appropriate 

action to ensure the orderly conduct of 

the investigative hearing. 

§ 845.6 Designation of parties. 

(a) The chairman of the board of 

inquiry shall designate as parties to the 

investigative hearing those persons and 

organizations whose participation in the 

hearing is deemed necessary in the 

public interest and whose special 

knowledge will contribute to the 

development of pertinent evidence. 

Parties to the investigative hearing shall 

be represented by suitable 

representatives who do not occupy legal 

positions. 

(b) No party to the investigation and/ 

or investigative hearing shall be 

represented by any person who also 

represents claimants or insurers. Failure 

to comply with this provision shall 

result in loss of status as a party to the 

investigative hearing. 

§ 845.7 Hearing officer. 

The investigative hearing officer, 

upon designation by the NTSB 

Chairman, shall have the following 

powers: 

(a) To give notice concerning the time 

and place of investigative hearing; 

(b) To administer oaths and 

affirmations to witnesses; and 

(c) To issue subpoenas requiring the 

attendance and testimony of witnesses 

and production of documents. The 

investigative hearing officer may, in 

consultation with the chairman of the 

board of inquiry and the Managing 

Director, add witnesses until the time of 

the prehearing conference. 

§ 845.8 Technical panel. 

The appropriate office director(s) and/ 

or the hearing officer, in consultation 


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

with the NTSB Managing Director, shall 

determine if a technical panel is needed 

and, if so, shall designate members of 

the NTSB technical staff to participate 

in the investigative hearing. Members of 

the technical panel may conduct prescreening of witnesses through 

interviews, and may take other actions 

to prepare for the hearing. At the 

hearing, the technical panel will 

initially examine the witnesses through 

questioning. The technical panel shall 

examine witnesses and secure, in the 

form of a public record, facts pertaining 

to the event under investigation and 

surrounding circumstances and 

conditions. 

§ 845.9 Prehearing conference. 

(a) Except as provided in paragraph 

(d) of this section, the chairman of the 

board of inquiry shall hold a prehearing 

conference with the parties to the 

investigative hearing at a convenient 

time and place prior to the hearing. At 

the prehearing conference, the parties 

shall be advised of the witnesses to be 

called at the investigative hearing, the 

areas in which they will be examined, 

and the exhibits that will be offered in 

evidence. 

(b) At the prehearing conference, 

parties to the investigative hearing shall 

submit copies of any additional 

documentary exhibits they desire to 

offer for admission at the hearing. 

(c) A party to the investigative hearing 

who, at the time of the prehearing 

conference, fails to advise the chairman 

of the board of inquiry of additional 

exhibits he or she intends to submit, or 

additional witnesses he or she desires to 

examine, shall be prohibited from 

introducing such evidence unless the 

chairman of the board of inquiry 

determines for good cause shown that 

such evidence should be admitted. 

(d) Expedited hearings. The board of 

inquiry may hold an investigative 

hearing on an expedited schedule. The 

chairman of the board of inquiry may 

hold a prehearing conference for an 

expedited investigative hearing. When 

an expedited investigative hearing is 

held, the chairman of the board of 

inquiry may waive the requirements in 

paragraphs (b) and (c) of this section 

concerning the identification of 

witnesses, exhibits or other evidence. 

§ 845.10 Right of representation. 

Any person who appears to testify at 

an investigative hearing has the right to 

be accompanied, represented, or 

advised by counsel or by any other 

representative. 

§ 845.11 Examination of witnesses. 

(a) Examination. In general, the 

technical panel shall initially examine 

witnesses. Following such examination, 

parties to the investigative hearing shall 

be given the opportunity to examine 

such witnesses. The board of inquiry 

shall then conclude the examination 

following the parties’ questions. 

(b) Objections. 

(1) Materiality, relevancy, and 

competency of witness testimony, 

exhibits, or physical evidence shall not 

be the subject of objections in the legal 

sense by a party to the investigative 

hearing or any other person. 

(2) Such matters shall be controlled 

by rulings of the chairman of the board 

of inquiry on his or her own motion. If 

the examination of a witness by a party 

to the investigative hearing is 

interrupted by a ruling of the chairman 

of the board of inquiry, the party shall 

have the opportunity to show 

materiality, relevancy, or competency of 

the testimony or evidence sought to be 

elicited from the witness. 

§ 845.12 Evidence. 

In accordance with § 845.2, the 

chairman of the board of inquiry shall 

receive all testimony and evidence that 

may be of aid in determining the 

probable cause of the transportation 

event. He or she may exclude any 

testimony or exhibits that are not 

pertinent to the investigation or are 

merely cumulative. 

§ 845.13 Proposed findings. 

Following the investigative hearing, 

any party to the hearing may submit 

proposed findings to be drawn from the 

testimony and exhibits, a proposed 

probable cause, and proposed safety 

recommendations designed to prevent 

future events. The proposals shall be 

submitted within the time specified by 

the investigative hearing officer at the 

close of the hearing, and shall be made 

a part of the public docket. Parties to the 

investigative hearing shall serve copies 

of their proposals on all other parties to 

the hearing. 

§ 845.14 Transcript. 

A verbatim report of the investigative 

hearing shall be taken. Any interested 

person may obtain copies of the 

transcript from the NTSB or from the 

court reporting firm preparing the 

transcript upon payment of the fees 

fixed therefor. (See part 801, subpart G, 

Fee schedule.) 

§ 845.15 Payment of witnesses. 

Any witness subpoenaed to attend the 

investigative hearing under this part 

shall be paid such fees for travel and 

attendance for which the hearing officer 

shall certify. 

Subpart B—Meetings 

§ 845.20 Meetings. 

The Board may hold a meeting 

concerning an investigation or Board 

product, as described in § 804.3 of this 

chapter or any other circumstance, 

when the Board determines holding a 

meeting is in the public interest. 

§ 845.21 Symposiums, forums, and 

conferences. 

(a)(1) Definitions. (i) A symposium is 

a public proceeding focused on a 

specific topic, where invited 

participants provide presentations of 

their research, views or expertise on the 

topic and are available for questions. 

(ii) A forum is a public proceeding 

generally organized in a question-andanswer format with various invited 

participants who may make 

presentation and are available for 

questioning by the Board or designated 

NTSB staff as individuals in a panel 

format. 

(iii) A conference is a large, organized 

proceeding where individuals present 

materials, and a moderator or 

chairperson facilitates group 

discussions. 

(2) These proceedings are related to 

transportation safety matters and will be 

convened for the purpose of focusing 

attention, raising awareness, 

encouraging dialogue, educating the 

NTSB, or generally advancing or 

developing safety recommendations. 

The goals of the proceeding will be 

clearly articulated and outlined, and 

will be consistent with the mission of 

the NTSB. 

(b) A quorum of Board Members is not 

required to attend a forum, symposium, 

or conference. All three types of 

proceedings described in paragraph (a) 

of this section may have a relationship 

to previous or ongoing investigative 

activities; however, their purpose is not 

to obtain evidence for a specific 

investigation. 

(c) Symposiums, forums, and 

conferences are voluntary for all invited 

participants. 

Subpart C—Miscellaneous Provisions 

§ 845.30 Board products. 

(a) Reports of investigations. (1) The 

Board will adopt a report on the 

investigation. The report will set forth 

the relevant facts, conditions and 

circumstances relating to the event and 

the probable cause thereof, along with 

any appropriate safety 

recommendations and/or safety alerts 

formulated on the basis of the 


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

investigation. The scope and format of 

the report will be determined in 

accordance with Board procedures. 

(2) The probable cause and facts, 

conditions, and circumstances of other 

events will be reported in a manner and 

form prescribed by the Board. The 

NTSB allows the appropriate office 

director, under his or her delegated 

authority as described in § 800.25 of this 

chapter, to issue a ‘‘brief,’’ which 

includes the probable cause and 

relevant facts, conditions, and 

circumstances concerning the event. In 

particular circumstances, the Board in 

its discretion may choose to approve a 

brief. Such briefs do not include 

recommendations. 

(b) NTSB studies and reports. (1) The 

NTSB may issue reports describing 

investigations of more than one event 

that share commonalities. Such reports 

are similar to event investigation 

reports, as described in paragraph (a)(1) 

of this section. Such reports often 

include safety recommendations and/or 

safety alerts, which the Board adopts. 

(2) Safety studies and reports. The 

NTSB issues safety studies and reports, 

which usually examine safety concerns 

that require the investigation of a 

number of related events to determine 

the extent and severity of the safety 

issues. Such studies and reports often 

include safety recommendations and/or 

safety alerts, which the Board adopts. 

(c) Safety recommendations. The 

Board may adopt and issue safety 

recommendations, either as part of a 

Board report or as a stand-alone Board 

product. 

§ 845.31 Public docket. 

(a) Investigations. (1) As described in 

§ 801.3 of this chapter, the public docket 

shall include factual information 

concerning the event. Proposed findings 

submitted pursuant to §§ 831.14 or 

845.13 and petitions for reconsideration 

and modification submitted pursuant to 

§ 845.32, comments thereon by other 

parties, and the Board’s rulings on 

proposed findings and petitions shall 

also be placed in the public docket. 

(2) The NTSB shall establish the 

public docket following the event, and 

material shall be added thereto as it 

becomes available. Where an 

investigative hearing is held, the 

exhibits will be introduced into the 

record at the hearing and will be 

included in the public docket. 

(b) Other Board reports and 

documents. The NTSB may elect to 

open and place materials in a public 

docket concerning a safety study or 

report, special investigation report, or 

other agency product. The NTSB will 

establish the public docket following its 

issuance of the study or report. 

(c) Availability. The public docket 

shall be made available to any person 

for review, as described in § 801.30 of 

this chapter. Records within the public 

docket are available at www.ntsb.gov. 

§ 845.32 Petitions for reconsideration or 

modification of report. 

(a) Requirements. (1) The Board will 

only consider petitions for 

reconsideration or modification of 

findings and determination of probable 

cause from a party or other person 

having a direct interest in an 

investigation. 

(2) Petitions must be in writing and 

addressed to the NTSB Chairman. 

Please send your petition via email to 

correspondence@ntsb.gov. In the 

alternative, you may send your petition 

via postal mail to: NTSB Headquarters 

at 490 L’Enfant Plaza SW., Washington, 

DC 20594. 

(3) Petitions must be based on the 

discovery of new evidence or on a 

showing that the Board’s findings are 

erroneous. 

(i) Petitions based on the discovery of 

new matter shall: identify the new 

matter; contain affidavits of prospective 

witnesses, authenticated documents, or 

both, or an explanation of why such 

substantiation is unavailable; and state 

why the new matter was not available 

prior to Board’s adoption of its findings. 

(ii) Petitions based on a claim of 

erroneous findings shall set forth in 

detail the grounds upon which the 

claim is based. 

(b) Acceptance of petitions. The Board 

will not consider petitions that are 

repetitious of proposed findings 

submitted pursuant to § 845.13, or of 

positions previously advanced. 

(c) Proof of service. (1) When a 

petition for reconsideration or 

modification is filed with the Board, 

copies of the petition and any 

supporting documentation shall be 

served on all other parties to the 

investigation or investigative hearing 

and proof of service shall be attached to 

the petition. (2) Any party served with 

a copy of the petition may file 

comments no later than 90 days after 

service of the petition. 

(d) Oral presentation. Oral 

presentation normally will not form a 

part of proceedings under this section. 

However, oral presentation may be 

permitted where a party or interested 

person specifically shows the written 

petition for reconsideration or 

modification is an insufficient means by 

which to present the party’s or person’s 

position. 

§ 845.33 Investigation to remain open. 

The Board never officially closes, but 

provides for the submission of new and 

pertinent evidence by any interested 

person. If the Board finds such evidence 

is relevant and probative, the evidence 

shall be made a part of the public docket 

and, where appropriate, the Board will 

provide parties an opportunity to 

examine such evidence and to comment 

thereon. 

Christopher A. Hart, 

Acting Chairman. 

[FR Doc. 2015–06187 Filed 3–18–15; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2014–0065; 

4500030114] 

RIN 1018–BA03 

Endangered and Threatened Wildlife 

and Plants; Designation of Critical 

Habitat for the Black Pinesnake; 

Correction 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; correction. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), published a 

proposed rule in the Federal Register on 

March 11, 2015, to designate critical 

habitat for the black pinesnake 

(Pituophis melanoleucus lodingi) under 

the Endangered Species Act of 1973, as 

amended (Act). In that proposed rule, 

we provided the wrong address for the 

submission of hard-copy comments. 

With this document, we correct our 

error. 

DATES: We will accept comments on the 

March 11, 2015 (80 FR 12846), proposed 

rule that are received or postmarked on 

or before May 11, 2015. 

ADDRESSES: You may submit comments 

on the March 11, 2015, proposed rule by 

one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R4–ES–2014–0065, which is 

the docket number for this rulemaking. 

You may submit a comment by clicking 

on ‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R4–ES–2014– 

0065; Division of Policy, Performance, 

and Management Programs; U.S. Fish 

and Wildlife Service, MS: BPHC; 5275 


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