80_FR_77826 80 FR 77586 - Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records

80 FR 77586 - Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records

NATIONAL TRANSPORTATION SAFETY BOARD

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range77586-77588
FR Document2015-30758

The NTSB is publishing an amendment to its regulations concerning notification and reporting requirements with regard to aircraft accidents or incidents, titled, ``Immediate notification.'' The regulation currently requires reports of Airborne Collision and Avoidance System (ACAS) advisories issued under certain specific circumstances. The NTSB now narrows the ACAS reporting requirement, consistent with the agency's authority to issue non-controversial amendments to rules, pursuant to the direct final rulemaking procedure. The NTSB also updates its contact information for notifications.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77586-77588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30758]


=======================================================================
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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 830

[Docket No. NTSB-AS-2012-0001]
RIN 3147-AA11


Notification and Reporting of Aircraft Accidents or Incidents and 
Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, 
and Records

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Direct final rule.

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

SUMMARY: The NTSB is publishing an amendment to its regulations 
concerning notification and reporting requirements with regard to 
aircraft accidents or incidents, titled, ``Immediate notification.'' 
The regulation currently requires reports of Airborne Collision and 
Avoidance System (ACAS) advisories issued under certain specific 
circumstances. The NTSB now narrows the ACAS reporting requirement, 
consistent with the agency's authority to issue non-controversial 
amendments to rules, pursuant to the direct final rulemaking procedure. 
The NTSB also updates its contact information for notifications.

DATES: This direct final rule will be effective February 16, 2016, 
without further notice, unless the NTSB receives adverse comment by 
January 14, 2016. If the NTSB receives adverse comment, we will publish 
a timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: A copy of this direct final rule, published in the Federal 
Register, is available for inspection and copying in the NTSB's public 
reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-
2000. Alternatively, a copy of the rule is available on the NTSB Web 
site, at http://www.ntsb.gov, and at the government-wide Web site on 
regulations, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Scott Dunham, National Resource 
Specialist--ATC, Office of Aviation Safety, (202) 314-6387.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On October 7, 2008, the NTSB published a Notice of Proposed 
Rulemaking (NPRM) titled ``Notification and Reporting of Aircraft 
Accidents or Incidents and Overdue Aircraft, and Preservation of 
Aircraft Wreckage, Mail, Cargo, and Records.'' 73 FR 58520. The NPRM 
proposed several additions to 49 CFR 830.5, to require reports of 
various types of serious aviation incidents. Among the proposed 
requirements, the NTSB sought mandatory reports of Airborne Collision 
Avoidance System (ACAS) resolution advisories issued either (i) when an 
aircraft is being operated on an instrument flight rules (IFR) flight 
plan and compliance with the advisory is necessary to avert a 
substantial risk of collision between two or more aircraft, or (ii) to 
an aircraft operating in class A airspace. 73 FR 58523-24.
    On January 7, 2010, the NTSB published its amendment to the final 
rule by requiring operators of civil aircraft to report certain ACAS 
incidents, along with other types of serious incidents. 75 FR 922. The 
NTSB explained its intent in imposing this reporting requirement is to 
identify, evaluate, and investigate (when appropriate) serious 
incidents where aircraft maneuvers were required to avert a substantial 
risk of collision between aircraft equipped with traffic collision 
avoidance systems (TCAS) and other aircraft and to evaluate situations 
where resolution advisories occur between aircraft under positive 
control in class A airspace. The NTSB clarified it did not intend to 
require the reporting of all resolution advisories or, outside class A 
airspace, to require the reporting of any resolution advisory resulting 
from an encounter between aircraft where no substantial risk of 
collision exists. 75 FR 925-26.
    The NTSB stated it believed the reporting requirement would achieve 
the NTSB's objective of receiving notification of aircraft encounters 
that

[[Page 77587]]

present a significant risk of collision. In the Final Rule, the NTSB 
adopted the proposed language, which now appears at 49 CFR 
830.5(a)(10).\1\
---------------------------------------------------------------------------

    \1\ On December 8, 2011, the NTSB published an NPRM proposing to 
exempt certain ``monitor vertical speed'' advisories from Sec.  
830.5(a)(10)(ii). 76 FR 76686. The NTSB did not incorporate this 
exemption in an amendment to the rule.
---------------------------------------------------------------------------

Collection of Reports

    By this direct final rule, the NTSB removes the requirement of 
notifications of ACAS reports from aircraft operators within Class A 
airspace. The NTSB has determined, through review of the types of 
events submitted, that it is possible to reduce the scope of the 
notification requirement while still achieving the safety objective of 
the rule, which is to increase our awareness of potentially hazardous 
occurrences in the air traffic control system.
    When it issued the requirement of Sec.  830.5(a)(10), the NTSB 
anticipated its collection of ACAS incident reports would educate the 
agency concerning whether the TCAS equipment functioned appropriately. 
In addition, the NTSB sought information concerning whether operators 
received improper resolution advisories, as well as a general 
understanding of the effectiveness of TCAS.
    Collecting the data on the volume of TCAS alerts that fulfill the 
criteria listed in Sec.  830.5(a)(10) has been educational and has 
assisted the NTSB Office of Aviation Safety with understanding the 
general effectiveness of TCAS as well as the types of encounters that 
are likely to cause TCAS resolution advisories.
    Amending Sec.  830.5(a)(10) to narrow the reporting requirement of 
TCAS resolution advisories also achieves the purpose of 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 emphasizes agencies must promulgate regulations that are 
written plainly and clearly written, and do not present duplicative or 
unnecessary requirements. Removing the requirement of notifications 
from aircraft operators within Class A airspace that receive a TCAS 
resolution advisory achieves the purpose of Executive Order 13563, 
because the NTSB has concluded the notifications are not necessary.

Direct Final Rulemaking Procedure

    The NTSB has determined it is appropriate to narrow the reporting 
requirement in Sec.  830.5(a)(10) by publishing a Direct Final Rule. On 
September 23, 2015, the NTSB published a Final Rule codifying its 
authority to utilize the direct final rulemaking process to alter rules 
that are not controversial and to which the NTSB does not expect 
substantive comments. 80 FR 57307. As explained in its NPRM describing 
this process, agencies frequently use the direct final rulemaking 
process for minor changes to rules to which it does not expect adverse 
comments. 80 FR 34874 (June 18, 2015). The NTSB's rule on this 
procedure, codified at 49 CFR 800.44, states a direct final rule makes 
changes to a regulation which will take effect on a certain date unless 
the NTSB receives an adverse comment or a notice of intent to file an 
adverse comment. If the NTSB receives an adverse comment or notice of 
intent to file one, the agency will publish a document in the Federal 
Register withdrawing the rule change. The NTSB may then issue an NPRM 
proposing the change it sought to make by way of the direct final 
rulemaking process. Id. Sec.  800.44(d). Section 800.44 also defines 
``adverse comment'' for purposes of the direct final rulemaking 
procedure.
    This change limits required notifications to events that evidence a 
significant risk of collision, thereby reducing the regulatory burden 
on aircraft operators while continuing to achieve the safety objective 
of the rule. Informal discussions with organizations such as Air Line 
Pilots Association, International, Airlines for America, Regional 
Airline Association, and National Air Carrier Association have shown 
these organizations support the amendment. Overall, we do not expect to 
receive any negative industry comments.

Legal Analyses and Effective Date

    The NTSB notes it analyzed the potential application of the 
Regulatory Flexibility Act (5 U.S.C. 601-612) to this rule. 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.
    In addition, this rule will not require collection of new 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). Operators continue to have the option of notifying the NTSB of 
an ACAS advisory that fulfills the requirements of this rule via 
telephone or email. The NTSB is continuing to work with the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), to obtain an OMB control number under the Paperwork Reduction 
Act to collect reports of ACAS advisories, as well as other 
notifications, via a web-based form. See 80 FR 38751 (July 7, 2015).
    Pursuant to 49 CFR 800.44(c), the NTSB will publish a confirmation 
rule in the Federal Register if it has not received an adverse comment 
or notice of intent to file an adverse comment within 30 days of the 
date of publication of this direct final rule.

List of Subjects in 49 CFR Part 830

    Aircraft accidents, Aircraft incidents, Aviation safety, Overdue 
aircraft notification and reporting, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the preamble, the NTSB amends 49 CFR 
part 830 as follows:

PART 830--[AMENDED]

0
1. The authority citation for part 830 is revised read as follows:

    Authority:  49 U.S.C. 1101-1155; Pub. L. 85-726, 72 Stat. 731 
(codified as amended at 49 U.S.C. 40101).


0
2. Section 830.5 is amended by revising the introductory text and 
paragraphs (a) introductory text and (a)(10) to read as follows:


Sec.  830.5  Immediate notification.

    The operator of any civil aircraft, or any public aircraft not 
operated by the Armed Forces or an intelligence agency of the United 
States, or any foreign aircraft shall immediately, and by the most 
expeditious means available, notify the nearest National Transportation 
Safety Board (NTSB) office,\1\ when:
---------------------------------------------------------------------------

    \1\ NTSB headquarters is located at 490 L'Enfant Plaza SW., 
Washington, DC 20594. Contact information for the NTSB's regional 
offices is available at http://www.ntsb.gov. To report an accident 
or incident, you may call the NTSB Response Operations Center, at 
844-373-9922 or 202-314-6290.
---------------------------------------------------------------------------

    (a) An aircraft accident or any of the following listed serious 
incidents occur:
* * * * *
    (10) Airborne Collision and Avoidance System (ACAS) resolution 
advisories issued when an aircraft is being operated on an instrument 
flight rules flight plan and compliance with the advisory is necessary 
to avert a

[[Page 77588]]

substantial risk of collision between two or more aircraft.
* * * * *

Christopher A. Hart,
Chairman.
[FR Doc. 2015-30758 Filed 12-14-15; 8:45 am]
 BILLING CODE 7533-01-P



                                                  77586            Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations

                                                  Coast.’’ In August 2013 the Council                     offer thoughts on how we can                          is available for inspection and copying
                                                  approved an Initial Comprehensive Plan                  collectively help restore the Gulf.                   in the NTSB’s public reading room,
                                                  (Initial Plan) (please see http://                         Document Availability: Copies of the               located at 490 L’Enfant Plaza SW.,
                                                  www.restorethegulf.gov/sites/default/                   FPL are available at the following office             Washington, DC 20594–2000.
                                                  files/GCERCCompPlanFactSheet_0.pdf                      during regular business hours: Gulf                   Alternatively, a copy of the rule is
                                                  and http://www.restorethegulf.gov/sites/                Coast Ecosystem Restoration Council,                  available on the NTSB Web site, at
                                                  default/files/                                          Hale Boggs Federal Building, 500                      http://www.ntsb.gov, and at the
                                                  FinalInitialComprehensivePlan.pdf) that                 Poydras Street, Suite 1117, New                       government-wide Web site on
                                                  outlines an overarching vision for Gulf                 Orleans, LA 70130.                                    regulations, at http://
                                                  restoration and includes the following                     Electronic versions of the FPL can be              www.regulations.gov.
                                                  five goals: (1) Restore and conserve                    viewed and downloaded at                              FOR FURTHER INFORMATION CONTACT:
                                                  habitat; (2) restore water quality; (3)                 www.restorethegulf.gov.                               Scott Dunham, National Resource
                                                  replenish and protect living coastal and                   Legal Authority: The statutory                     Specialist—ATC, Office of Aviation
                                                  marine resources; (4) enhance                           program authority for the FPL is found                Safety, (202) 314–6387.
                                                  community resilience; and (5) restore                   at 33 U.S.C. 1321(t)(2).
                                                  and revitalize the gulf economy.                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                            Dated: December 9, 2015.
                                                     As a supplement to the Initial Plan                                                                        Regulatory History
                                                  and pursuant to the requirement in the                  Justin R. Ehrenwerth,
                                                  Restore Act to draft a ‘‘prioritized list of            Executive Director, Gulf Coast Ecosystem                 On October 7, 2008, the NTSB
                                                  specific projects and programs to be                    Restoration Council.                                  published a Notice of Proposed
                                                  funded,’’ the Council is now publishing                 [FR Doc. 2015–31463 Filed 12–14–15; 8:45 am]          Rulemaking (NPRM) titled ‘‘Notification
                                                  the initial FPL that lists the activities               BILLING CODE 3510–EA–P                                and Reporting of Aircraft Accidents or
                                                  which the Council will fund and                                                                               Incidents and Overdue Aircraft, and
                                                  prioritize for further consideration.                                                                         Preservation of Aircraft Wreckage, Mail,
                                                     Summary: On August 13, 2015 the                      NATIONAL TRANSPORTATION                               Cargo, and Records.’’ 73 FR 58520. The
                                                  Council published the draft version of                  SAFETY BOARD                                          NPRM proposed several additions to 49
                                                  the FPL for a 45-day public notice and                                                                        CFR 830.5, to require reports of various
                                                  comment period, The comment period                      49 CFR Part 830                                       types of serious aviation incidents.
                                                  closed on September 28, 2015.                                                                                 Among the proposed requirements, the
                                                                                                          [Docket No. NTSB–AS–2012–0001]                        NTSB sought mandatory reports of
                                                     After reviewing and considering all of
                                                  the public comments, on December 9,                     RIN 3147–AA11                                         Airborne Collision Avoidance System
                                                  2015 the Council approved the FPL.                                                                            (ACAS) resolution advisories issued
                                                     The members of the Council                           Notification and Reporting of Aircraft                either (i) when an aircraft is being
                                                  collaborated in creating the FPL that                   Accidents or Incidents and Overdue                    operated on an instrument flight rules
                                                  responds to ecological needs regardless                 Aircraft, and Preservation of Aircraft                (IFR) flight plan and compliance with
                                                  of jurisdictional boundaries. The FPL                   Wreckage, Mail, Cargo, and Records                    the advisory is necessary to avert a
                                                  will provide near-term ‘‘on-the-ground’’                                                                      substantial risk of collision between two
                                                                                                          AGENCY: National Transportation Safety                or more aircraft, or (ii) to an aircraft
                                                  ecosystem benefits, while also building
                                                                                                          Board (NTSB).                                         operating in class A airspace. 73 FR
                                                  a planning and science foundation for
                                                  future success. The FPL focuses on ten                  ACTION: Direct final rule.                            58523–24.
                                                  key watersheds across the Gulf in order                                                                          On January 7, 2010, the NTSB
                                                                                                          SUMMARY:   The NTSB is publishing an
                                                  to concentrate and leverage available                                                                         published its amendment to the final
                                                                                                          amendment to its regulations
                                                  funds in addressing critical ecological                                                                       rule by requiring operators of civil
                                                                                                          concerning notification and reporting
                                                  needs in high-priority locations. It                                                                          aircraft to report certain ACAS
                                                                                                          requirements with regard to aircraft
                                                  focuses on habitat and water quality,                                                                         incidents, along with other types of
                                                                                                          accidents or incidents, titled,
                                                  and includes restoration and                                                                                  serious incidents. 75 FR 922. The NTSB
                                                                                                          ‘‘Immediate notification.’’ The
                                                  conservation activities that can be                                                                           explained its intent in imposing this
                                                                                                          regulation currently requires reports of
                                                  implemented in the near term. It also                                                                         reporting requirement is to identify,
                                                                                                          Airborne Collision and Avoidance
                                                  supports project-specific planning                                                                            evaluate, and investigate (when
                                                                                                          System (ACAS) advisories issued under
                                                  efforts necessary to advance large-scale                                                                      appropriate) serious incidents where
                                                                                                          certain specific circumstances. The
                                                  restoration. The comprehensive                                                                                aircraft maneuvers were required to
                                                                                                          NTSB now narrows the ACAS reporting
                                                  planning and monitoring efforts                                                                               avert a substantial risk of collision
                                                                                                          requirement, consistent with the
                                                  included in the FPL will provide Gulf-                                                                        between aircraft equipped with traffic
                                                                                                          agency’s authority to issue non-
                                                  wide benefits into the future.                                                                                collision avoidance systems (TCAS) and
                                                     The Council intends to play a key role               controversial amendments to rules,
                                                                                                                                                                other aircraft and to evaluate situations
                                                  in helping to ensure that the Gulf’s                    pursuant to the direct final rulemaking
                                                                                                                                                                where resolution advisories occur
                                                  natural resources are sustainable and                   procedure. The NTSB also updates its
                                                                                                                                                                between aircraft under positive control
                                                  available for future generations.                       contact information for notifications.
                                                                                                                                                                in class A airspace. The NTSB clarified
                                                  Currently available Gulf restoration                    DATES: This direct final rule will be                 it did not intend to require the reporting
                                                  funds and those that may become                         effective February 16, 2016, without                  of all resolution advisories or, outside
                                                  available in the future represent a great               further notice, unless the NTSB receives              class A airspace, to require the reporting
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  responsibility. The ongoing involvement                 adverse comment by January 14, 2016.                  of any resolution advisory resulting
                                                  of the people who live, work and play                   If the NTSB receives adverse comment,                 from an encounter between aircraft
                                                  in the Gulf region is critical to ensuring              we will publish a timely withdrawal of                where no substantial risk of collision
                                                  that these monies are used wisely and                   the direct final rule in the Federal                  exists. 75 FR 925–26.
                                                  effectively. The Council thanks all those               Register informing the public that the                   The NTSB stated it believed the
                                                  who have participated in the process                    rule will not take effect.                            reporting requirement would achieve
                                                  thus far, and offers thanks in advance to               ADDRESSES: A copy of this direct final                the NTSB’s objective of receiving
                                                  those who will take the time to again                   rule, published in the Federal Register,              notification of aircraft encounters that


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                                                                   Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations                                               77587

                                                  present a significant risk of collision. In               Direct Final Rulemaking Procedure                    Regulatory Affairs, Office of
                                                  the Final Rule, the NTSB adopted the                        The NTSB has determined it is                      Management and Budget (OMB), to
                                                  proposed language, which now appears                      appropriate to narrow the reporting                  obtain an OMB control number under
                                                  at 49 CFR 830.5(a)(10).1                                  requirement in § 830.5(a)(10) by                     the Paperwork Reduction Act to collect
                                                                                                            publishing a Direct Final Rule. On                   reports of ACAS advisories, as well as
                                                  Collection of Reports
                                                                                                            September 23, 2015, the NTSB                         other notifications, via a web-based
                                                     By this direct final rule, the NTSB                    published a Final Rule codifying its                 form. See 80 FR 38751 (July 7, 2015).
                                                  removes the requirement of notifications                  authority to utilize the direct final                  Pursuant to 49 CFR 800.44(c), the
                                                  of ACAS reports from aircraft operators                   rulemaking process to alter rules that               NTSB will publish a confirmation rule
                                                  within Class A airspace. The NTSB has                     are not controversial and to which the               in the Federal Register if it has not
                                                  determined, through review of the types                   NTSB does not expect substantive                     received an adverse comment or notice
                                                  of events submitted, that it is possible                  comments. 80 FR 57307. As explained                  of intent to file an adverse comment
                                                  to reduce the scope of the notification                   in its NPRM describing this process,                 within 30 days of the date of publication
                                                  requirement while still achieving the                     agencies frequently use the direct final             of this direct final rule.
                                                  safety objective of the rule, which is to                 rulemaking process for minor changes to
                                                  increase our awareness of potentially                     rules to which it does not expect                    List of Subjects in 49 CFR Part 830
                                                  hazardous occurrences in the air traffic                  adverse comments. 80 FR 34874 (June
                                                  control system.                                           18, 2015). The NTSB’s rule on this                     Aircraft accidents, Aircraft incidents,
                                                                                                            procedure, codified at 49 CFR 800.44,                Aviation safety, Overdue aircraft
                                                     When it issued the requirement of                                                                           notification and reporting, Reporting
                                                                                                            states a direct final rule makes changes
                                                  § 830.5(a)(10), the NTSB anticipated its                                                                       and recordkeeping requirements.
                                                                                                            to a regulation which will take effect on
                                                  collection of ACAS incident reports
                                                                                                            a certain date unless the NTSB receives                For the reasons discussed in the
                                                  would educate the agency concerning
                                                                                                            an adverse comment or a notice of                    preamble, the NTSB amends 49 CFR
                                                  whether the TCAS equipment
                                                                                                            intent to file an adverse comment. If the
                                                  functioned appropriately. In addition,                                                                         part 830 as follows:
                                                                                                            NTSB receives an adverse comment or
                                                  the NTSB sought information                               notice of intent to file one, the agency
                                                  concerning whether operators received                                                                          PART 830—[AMENDED]
                                                                                                            will publish a document in the Federal
                                                  improper resolution advisories, as well                   Register withdrawing the rule change.
                                                  as a general understanding of the                                                                              ■  1. The authority citation for part 830
                                                                                                            The NTSB may then issue an NPRM
                                                  effectiveness of TCAS.                                                                                         is revised read as follows:
                                                                                                            proposing the change it sought to make
                                                     Collecting the data on the volume of                   by way of the direct final rulemaking                  Authority: 49 U.S.C. 1101–1155; Pub. L.
                                                  TCAS alerts that fulfill the criteria listed              process. Id. § 800.44(d). Section 800.44             85–726, 72 Stat. 731 (codified as amended at
                                                  in § 830.5(a)(10) has been educational                    also defines ‘‘adverse comment’’ for                 49 U.S.C. 40101).
                                                  and has assisted the NTSB Office of                       purposes of the direct final rulemaking
                                                  Aviation Safety with understanding the                    procedure.                                           ■ 2. Section 830.5 is amended by
                                                  general effectiveness of TCAS as well as                    This change limits required                        revising the introductory text and
                                                  the types of encounters that are likely to                notifications to events that evidence a              paragraphs (a) introductory text and
                                                  cause TCAS resolution advisories.                         significant risk of collision, thereby               (a)(10) to read as follows:
                                                     Amending § 830.5(a)(10) to narrow                      reducing the regulatory burden on                    § 830.5    Immediate notification.
                                                  the reporting requirement of TCAS                         aircraft operators while continuing to
                                                  resolution advisories also achieves the                   achieve the safety objective of the rule.              The operator of any civil aircraft, or
                                                  purpose of Executive Order 13579,                         Informal discussions with organizations              any public aircraft not operated by the
                                                  ‘‘Regulation and Independent                              such as Air Line Pilots Association,                 Armed Forces or an intelligence agency
                                                  Regulatory Agencies’’ (76 FR 41587, July                  International, Airlines for America,                 of the United States, or any foreign
                                                  14, 2011). The purpose of Executive                       Regional Airline Association, and                    aircraft shall immediately, and by the
                                                  Order 13579 is to ensure all agencies                     National Air Carrier Association have                most expeditious means available,
                                                  adhere to the key principles found in                     shown these organizations support the                notify the nearest National
                                                  Executive Order 13563, ‘‘Improving                        amendment. Overall, we do not expect                 Transportation Safety Board (NTSB)
                                                  Regulation and Regulatory Review’’ (76                    to receive any negative industry                     office,1 when:
                                                  FR 3821, January 21, 2011), which                         comments.
                                                                                                                                                                   (a) An aircraft accident or any of the
                                                  emphasizes agencies must promulgate                       Legal Analyses and Effective Date                    following listed serious incidents occur:
                                                  regulations that are written plainly and                    The NTSB notes it analyzed the                     *     *     *     *    *
                                                  clearly written, and do not present                       potential application of the Regulatory
                                                  duplicative or unnecessary                                                                                       (10) Airborne Collision and
                                                                                                            Flexibility Act (5 U.S.C. 601–612) to this           Avoidance System (ACAS) resolution
                                                  requirements. Removing the                                rule. The NTSB certifies under 5 U.S.C.
                                                  requirement of notifications from                                                                              advisories issued when an aircraft is
                                                                                                            605(b) that this rule would not have a               being operated on an instrument flight
                                                  aircraft operators within Class A                         significant economic impact on a
                                                  airspace that receive a TCAS resolution                                                                        rules flight plan and compliance with
                                                                                                            substantial number of small entities.
                                                  advisory achieves the purpose of                                                                               the advisory is necessary to avert a
                                                                                                              In addition, this rule will not require
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Executive Order 13563, because the                        collection of new information under the
                                                  NTSB has concluded the notifications                      Paperwork Reduction Act of 1995 (44
                                                  are not necessary.                                        U.S.C. 3501–3520). Operators continue
                                                                                                                                                                   1 NTSB headquarters is located at 490 L’Enfant

                                                                                                                                                                 Plaza SW., Washington, DC 20594. Contact
                                                                                                            to have the option of notifying the NTSB
                                                    1 On December 8, 2011, the NTSB published an                                                                 information for the NTSB’s regional offices is
                                                                                                            of an ACAS advisory that fulfills the                available at http://www.ntsb.gov. To report an
                                                  NPRM proposing to exempt certain ‘‘monitor
                                                  vertical speed’’ advisories from § 830.5(a)(10)(ii). 76
                                                                                                            requirements of this rule via telephone              accident or incident, you may call the NTSB
                                                  FR 76686. The NTSB did not incorporate this               or email. The NTSB is continuing to                  Response Operations Center, at 844–373–9922 or
                                                  exemption in an amendment to the rule.                    work with the Office of Information and              202–314–6290.



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                                                  77588            Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations

                                                  substantial risk of collision between two               ACTION:   Temporary rule; correction.                 commercial sector of Gulf migratory
                                                  or more aircraft.                                                                                             group king mackerel in the Florida west
                                                                                                          SUMMARY:   This document contains                     coast northern subzone of the Gulf EEZ
                                                  *    *     *      *     *                               corrections to a temporary rule                       were stated incorrectly.
                                                  Christopher A. Hart,                                    published in the Federal Register on
                                                  Chairman.                                               November 27, 2015, with an effective                  Correction
                                                  [FR Doc. 2015–30758 Filed 12–14–15; 8:45 am]            date span of November 28, 2015, to July
                                                                                                          1, 2016, regarding an accountability                     The correct effective date for the
                                                  BILLING CODE 7533–01–P
                                                                                                          measure and closure for commercial                    temporary rule is November 28, 2015,
                                                                                                          king mackerel in the Florida west coast               until 12:01 a.m., local time, on October
                                                                                                          northern subzone in the Gulf of Mexico                1, 2016.
                                                  DEPARTMENT OF COMMERCE                                  (Gulf) exclusive economic zone (EEZ)                     In the SUPPLEMENTARY INFORMATION
                                                                                                          for the 2015–2016 fishing year. This                  section on page 74002 of the temporary
                                                  National Oceanic and Atmospheric                        document corrects the effective date                  rule, column 1, the last sentence of the
                                                  Administration                                          span to conclude on October 1, 2016,                  third paragraph is corrected to read as
                                                                                                          and corrects a sentence, which stated                 follows:
                                                  50 CFR Part 622                                         the fishing year incorrectly.                            ‘‘Accordingly, the Florida west coast
                                                  [Docket No. 101206604–1758–02]                          DATES: The effective date for the final               northern subzone is closed effective
                                                                                                          rule published November 27, 2015, at 80               noon, local time, November 28, 2015,
                                                  RIN 0648–XE326                                          FR 74001, is 12 p.m., local time,                     through September 30, 2016, the end of
                                                                                                          November 28, 2015, until 12:01 a.m.,                  the current fishing year, to commercial
                                                  Coastal Migratory Pelagic Resources                     local time, on October 1, 2016.
                                                  of the Gulf of Mexico and South                                                                               fishing for Gulf migratory group king
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      mackerel.’’
                                                  Atlantic; 2015–2016 Accountability
                                                                                                          Susan Gerhart, NMFS Southeast
                                                  Measure and Closure for Commercial                                                                              Authority: 16 U.S.C. 1801 et seq.
                                                                                                          Regional Office, telephone: 727–824–
                                                  King Mackerel in the Florida West                                                                               Dated: December 9, 2015.
                                                                                                          5305, email: susan.gerhart@noaa.gov.
                                                  Coast Northern Subzone; Correction                                                                            Emily H. Menashes,
                                                                                                          SUPPLEMENTARY INFORMATION: In the
                                                  AGENCY:  National Marine Fisheries                      temporary rule that published in the                  Acting Director, Office of Sustainable
                                                  Service (NMFS), National Oceanic and                    Federal Register on November 27, 2015                 Fisheries, National Marine Fisheries Service.
                                                  Atmospheric Administration (NOAA),                      (80 FR 74001), the effective date of the              [FR Doc. 2015–31480 Filed 12–14–15; 8:45 am]
                                                  Commerce.                                               rule and the fishing year for the                     BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with RULES




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Document Created: 2018-03-02 09:15:52
Document Modified: 2018-03-02 09:15:52
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
ActionDirect final rule.
DatesThis direct final rule will be effective February 16, 2016, without further notice, unless the NTSB receives adverse comment by January 14, 2016. If the NTSB receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactScott Dunham, National Resource Specialist--ATC, Office of Aviation Safety, (202) 314-6387.
FR Citation80 FR 77586 
RIN Number3147-AA11
CFR AssociatedAircraft Accidents; Aircraft Incidents; Aviation Safety; Overdue Aircraft Notification and Reporting and Reporting and Recordkeeping Requirements

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