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NTSB | RIN: 3147-AA23 | Publication ID: Fall 2021 |
Title: Internal Personnel Rules and Practices of the NTSB | |
Abstract:
Part 801 currently indicates that the NTSB will maintain a "public reference room” in accordance with the Freedom of Information Act (FOIA) and notes different types of records that will be made available in that room. The NTSB has decided to close its physical reading room and instead make qualifying records available in its electronic reading room. Conforming technical amendments will therefore be necessary to remove all references to the "public reference room.” The agency will also make a substantive change to section 801.52, which exempts internal personnel rules and practices of the NTSB from public disclosure under FOIA. Under FOIA’s Exemption 2, records that are related solely to the internal personnel rules and practices of an agency” are protected. 5 U.S.C. 552(b)(2). Consistent with that exemption, 801.52(a) specifically exempts records relating solely to internal personnel rules and practices. By contrast, 801.52(b) also exempts the following from disclosure: records regarding internal matters of a relatively trivial nature that have no significant public interests, and predominately internal matters that the release would risk circumvention of a statute or agency regulation. While this was formerly an acceptable interpretation of Exemption 2, the Supreme Court has since held that FOIA’s Exemption 2 encompasses only records relating to issues of employee relations and human resources.” Milner v. Department of the Navy , 131 S. Ct. 1259 (2011). On October 4, 2021, the NTSB issued an Interim Final Rule removing subsection (b) from 49 CFR 801.52. |
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Agency: National Transportation Safety Board(NTSB) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 49 CFR 801.52 | |
Legal Authority: 49 U.S.C. 1114(a)(1) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Kathleen Curameng National Transportation Safety Board 490 L'Enfant Plaza SW, Washington, DC 20594 Phone:202 314-6070 Email: kathleen.curameng@ntsb.gov |