81 FR 6458 - 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 81, Issue 25 (February 8, 2016)
Federal Register Volume 81, Issue 25 (February 8, 2016)
| Page Range | 6458-6459 | |
| FR Document | 2016-02413 |
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)] [Rules and Regulations] [Pages 6458-6459] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02413] ======================================================================= ----------------------------------------------------------------------- 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: Final rule; confirmation of effective date. ----------------------------------------------------------------------- SUMMARY: The NTSB publishes confirmation of an amendment to its regulations concerning notification and reporting requirements with regard to aircraft accidents or incidents, titled, ``Immediate notification.'' The regulation requires reports of Airborne Collision and Avoidance System (ACAS) resolution advisories issued under certain specific circumstances. In a Direct Final Rule published December 15, 2015, the NTSB narrowed the ACAS reporting requirement, consistent with the agency's authority to issue non-controversial amendments to rules. The NTSB also updated its contact information for notifications. This document confirms the changes and the effective date. DATES: The final rule published December 15, 2015 (80 FR 77586) becomes effective February 16, 2016. ADDRESSES: A copy of this 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: As described in the NTSB's preamble summarizing the direct final rule, in 2010, the NTSB added a requirement for [[Page 6459]] notification of 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. 75 FR 922 (Jan. 7, 2010). In collecting such reports since 2010, the NTSB has determined it no longer needs reports of ACAS resolution advisories issued to an aircraft operating in class A airspace. This final rule confirms the NTSB will now only require reports of such resolution advisories when an aircraft operating on an IFR flight plan my comply with the advisory in order to avert a substantial risk of collision between two or more aircraft. As a result, pursuant to its regulations governing rulemaking, the NTSB issued a direct final rule to amend 49 CFR 830.5(a)(10), as described above. 80 FR 77586 (Dec. 15, 2015). In addition to the removal of a portion of section 830.5(a)(10), the NTSB also amended a footnote that accompanies the first paragraph of section 830.5. The footnote previously contained outdated contact information for NTSB regional offices. The NTSB has updated this footnote to refer the public to www.ntsb.gov or the NTSB Response Operations Center at 844-373-9922 or 202-314-6290, should the operators need to contact the NTSB to inform the agency of an accident or incident. This document confirms both the change to section 830.5(a)(10) and the updated text of the footnote. The NTSB's rule on the direct final rulemaking 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. Id. Sec. 800.44(d). Section 800.44 also defines ``adverse comment'' for purposes of the direct final rulemaking procedure. Comments on the NTSB's change to section 830.5(a)(10) and the updated footnote accompanying section 830.5 were due by January 14, 2016. The NTSB did not receive any comments. Therefore, as indicated in the direct final rule, the changes will become effective on February 16, 2016. Legal Analyses and Effective Date This final rule is not a significant regulatory action under Executive Order 12866, ``Regulatory Planning and Review.'' Therefore, Executive Order 12866 does not require a Regulatory Assessment, and the Office of Management and Budget (OMB) has not reviewed this proposed rule under Executive Order 12866. This rule does not require an analysis under the Unfunded Mandates Reform Act, 2 United States Code (U.S.C.) 1501-1571, or the National Environmental Policy Act, 42 U.S.C. 4321-4347. The NTSB has also analyzed these amendments in accordance with the principles and criteria contained in Executive Order 13132, ``Federalism.'' This final rule does not contain any regulations that would: (1) Have a substantial direct effect on the states, the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government; (2) impose substantial direct compliance costs on state and local governments; or (3) preempt state law. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. The NTSB is also aware that the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires each agency to review its rulemaking to assess the potential impact on small entities, unless the agency determines a rule is not expected to have a significant economic impact on a substantial number of small entities. The NTSB certifies this final rule will not have a significant economic impact on a substantial number of small entities. Regarding other Executive Orders and statutory provisions, this final rule 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 rule 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 this rule does not contravene any of the requirements set forth in these Executive Orders or statutes, nor does it prompt further consideration with regard to such requirements. List of Subjects in 49 CFR Part 830 Aircraft accidents, Aircraft incidents, Aviation safety, Overdue aircraft notification and reporting, Reporting and recordkeeping requirements. Dated: February 3, 2016. Christopher A. Hart, Chairman. [FR Doc. 2016-02413 Filed 2-5-16; 8:45 am] BILLING CODE 7533-01-P
![6458 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations
‘‘Civil Justice Reform’’ (61 FR 4729, year. You may use the RIN contained in Issued in Washington, DC, on February 1,
February 7, 1996) requires that the heading at the beginning of this 2016 under authority delegated in 49 CFR
Executive agencies make every document to find this action in the 1.95.
reasonable effort to ensure that the Unified Agenda. Mark R. Rosekind,
regulation: (1) Clearly specifies the Administrator.
L. Privacy Act
preemptive effect; (2) clearly specifies [FR Doc. 2016–02268 Filed 2–5–16; 8:45 am]
the effect on existing Federal law or Anyone is able to search the BILLING CODE 4910–59–P
regulation; (3) provides a clear legal electronic form of all comments
standard for affected conduct, while received into any of our dockets by the
promoting simplification and burden name of the individual submitting the NATIONAL TRANSPORTATION
reduction; (4) clearly specifies the comment (or signing the comment, if SAFETY BOARD
retroactive effect, if any; (5) specifies submitted on behalf of an association,
whether administrative proceedings are business, labor union, etc.). You may 49 CFR Part 830
to be required before parties file suit in review DOT’s complete Privacy Act
[Docket No. NTSB–AS–2012–0001]
court; (6) adequately defines key terms; Statement in the Federal Register
and (7) addresses other important issues published on April 11, 2000 (Volume RIN 3147–AA11
affecting clarity and general 65, Number 70; Pages 19477–78).
draftsmanship under any guidelines Notification and Reporting of Aircraft
Regulatory Text Accidents or Incidents and Overdue
issued by the Attorney General. This
document is consistent with these List of Subjects in 49 CFR Part 571 Aircraft, and Preservation of Aircraft
requirements. Wreckage, Mail, Cargo, and Records
Imports, Motor vehicle safety, Motor
Pursuant to this Order, NHTSA notes vehicles, Tires. AGENCY: National Transportation Safety
as follows. The preemptive effect of this
In consideration of the foregoing, Board (NTSB).
final rule is discussed above. NHTSA
notes further that there is no NHTSA is amending 49 CFR part 571 as ACTION: Final rule; confirmation of
requirement that individuals submit a set forth below. effective date.
petition for reconsideration or pursue PART 571—FEDERAL MOTOR SUMMARY: The NTSB publishes
other administrative proceeding before VEHICLE SAFETY STANDARDS confirmation of an amendment to its
they may file suit in court. regulations concerning notification and
I. Unfunded Mandates Reform Act ■ 1. The authority citation for part 571 reporting requirements with regard to
continues to read as follows: aircraft accidents or incidents, titled,
The Unfunded Mandates Reform Act
of 1995 requires agencies to prepare a Authority: 49 U.S.C. 322, 30111, 30115, ‘‘Immediate notification.’’ The
written assessment of the costs, benefits 30117, 30166: delegation of authority at 49 regulation requires reports of Airborne
CFR 1.95. Collision and Avoidance System
and other effects of proposed or final
rules that include a Federal mandate ■ 2. Section 571.108 is amended by (ACAS) resolution advisories issued
likely to result in the expenditure by revising paragraph S7.4.13.2 and under certain specific circumstances. In
State, local or tribal governments, in the footnote 1 of Table X to read as follows: a Direct Final Rule published December
aggregate, or by the private sector, of 15, 2015, the NTSB narrowed the ACAS
§ 571.108 Standard No. 108; Lamps, reporting requirement, consistent with
more than $100 million annually reflective devices, and associated
(adjusted for inflation with base year of the agency’s authority to issue non-
equipment. controversial amendments to rules. The
1995). This final rule would not result * * * * *
in expenditures by State, local or tribal NTSB also updated its contact
S7.4.13.2 Inboard photometry. For information for notifications. This
governments, in the aggregate, or by the each motor vehicle less than 30 feet in
private sector in excess of $100 million document confirms the changes and the
overall length, the minimum effective date.
annually. photometric intensity requirements for a DATES: The final rule published
J. Executive Order 13211 side marker lamp may be met for all December 15, 2015 (80 FR 77586)
Executive Order 13211 (66 FR 28355, inboard test points at a distance of 15 becomes effective February 16, 2016.
May 18, 2001) applies to any feet from the vehicle and on a vertical
plane that is perpendicular to the ADDRESSES: A copy of this final rule,
rulemaking that: (1) Is determined to be published in the Federal Register, is
economically significant as defined longitudinal axis of the vehicle and
located midway between the front and available for inspection and copying in
under E.O. 12866, and is likely to have the NTSB’s public reading room, located
a significantly adverse effect on the rear side marker lamps.
at 490 L’Enfant Plaza SW., Washington,
supply of, distribution of, or use of * * * * *
DC 20594–2000. Alternatively, a copy of
energy; or (2) that is designated by the Table X—Side Marker Lamp the rule is available on the NTSB Web
Administrator of the Office of Photometry Requirements site, at http://www.ntsb.gov, and at the
Information and Regulatory Affairs as a government-wide Web site on
significant energy action. This * * * * *
(1) Where a side marker lamp regulations, at http://
rulemaking is not subject to E.O. 13211. www.regulations.gov.
installed on a motor vehicle less than 30
asabaliauskas on DSK5VPTVN1PROD with RULES
K. Regulation Identifier Number (RIN) feet in overall length has the lateral FOR FURTHER INFORMATION CONTACT:
The Department of Transportation angle nearest the other required side Scott Dunham, National Resource
assigns a regulation identifier number marker lamp on the same side of the Specialist—ATC, Office of Aviation
(RIN) to each regulatory action listed in vehicle reduced from 45° by design as Safety, (202) 314–6387.
the Unified Agenda of Federal specified by S7.4.13.2, the photometric SUPPLEMENTARY INFORMATION:
Regulations. The Regulatory Information intensity measurement may be met at As described in the NTSB’s preamble
Service Center publishes the Unified the lesser angle. summarizing the direct final rule, in
Agenda in April and October of each * * * * * 2010, the NTSB added a requirement for
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![Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6459
notification of reports of Airborne Management and Budget (OMB) has not notification and reporting, Reporting
Collision Avoidance System (ACAS) reviewed this proposed rule under and recordkeeping requirements.
resolution advisories issued either (i) Executive Order 12866. Dated: February 3, 2016.
when an aircraft is being operated on an This rule does not require an analysis
Christopher A. Hart,
instrument flight rules (IFR) flight plan under the Unfunded Mandates Reform
Act, 2 United States Code (U.S.C.) 1501– Chairman.
and compliance with the advisory is
necessary to avert a substantial risk of 1571, or the National Environmental [FR Doc. 2016–02413 Filed 2–5–16; 8:45 am]
collision between two or more aircraft, Policy Act, 42 U.S.C. 4321–4347. The BILLING CODE 7533–01–P
or (ii) to an aircraft operating in class A NTSB has also analyzed these
airspace. 75 FR 922 (Jan. 7, 2010). amendments in accordance with the
In collecting such reports since 2010, principles and criteria contained in DEPARTMENT OF COMMERCE
the NTSB has determined it no longer Executive Order 13132, ‘‘Federalism.’’
needs reports of ACAS resolution This final rule does not contain any National Oceanic and Atmospheric
advisories issued to an aircraft operating regulations that would: (1) Have a Administration
in class A airspace. This final rule substantial direct effect on the states,
confirms the NTSB will now only the relationship between the national 50 CFR Part 679
require reports of such resolution government and the states, or the [Docket No. 141021887–5172–02]
advisories when an aircraft operating on distribution of power and
an IFR flight plan my comply with the responsibilities among the various RIN 0648–XE429
advisory in order to avert a substantial levels of government; (2) impose
Fisheries of the Exclusive Economic
risk of collision between two or more substantial direct compliance costs on
aircraft. As a result, pursuant to its state and local governments; or (3) Zone Off Alaska; Directed Fishing With
regulations governing rulemaking, the preempt state law. Therefore, the Trawl Gear by Fisheries Act Catcher
NTSB issued a direct final rule to consultation and funding requirements Processors in Bycatch Limitation Zone
amend 49 CFR 830.5(a)(10), as described of Executive Order 13132 do not apply. 1 of the Bering Sea and Aleutian
above. 80 FR 77586 (Dec. 15, 2015). The NTSB is also aware that the Islands Management Area
In addition to the removal of a portion Regulatory Flexibility Act (5 U.S.C. 601 AGENCY: National Marine Fisheries
of section 830.5(a)(10), the NTSB also et seq.) requires each agency to review Service (NMFS), National Oceanic and
amended a footnote that accompanies its rulemaking to assess the potential Atmospheric Administration (NOAA),
the first paragraph of section 830.5. The impact on small entities, unless the Commerce.
footnote previously contained outdated agency determines a rule is not expected
ACTION: Temporary rule; closure.
contact information for NTSB regional to have a significant economic impact
offices. The NTSB has updated this on a substantial number of small SUMMARY: NMFS is prohibiting directed
footnote to refer the public to entities. The NTSB certifies this final fishing with trawl gear, other than
www.ntsb.gov or the NTSB Response rule will not have a significant pelagic trawl gear for walleye pollock,
Operations Center at 844–373–9922 or economic impact on a substantial by American Fisheries Act (AFA) trawl
202–314–6290, should the operators number of small entities. catcher processors in Bycatch
need to contact the NTSB to inform the Regarding other Executive Orders and Limitation Zone 1 of the Bering Sea and
agency of an accident or incident. This statutory provisions, this final rule also Aleutian Islands management area
document confirms both the change to complies with all applicable standards (BSAI). This action is necessary to
section 830.5(a)(10) and the updated in sections 3(a) and 3(b)(2) of Executive prevent exceeding the sideboard limit of
text of the footnote. Order 12988, ‘‘Civil Justice Reform,’’ to the 2016 bycatch allowance of red king
The NTSB’s rule on the direct final minimize litigation, eliminate crab in Zone 1 specified for AFA trawl
rulemaking procedure, codified at 49 ambiguity, and reduce burden. In catcher processors in the BSAI.
CFR 800.44, states a direct final rule addition, the NTSB has evaluated this
DATES: Effective 1200 hrs, Alaska local
makes changes to a regulation which rule under: Executive Order 12630,
time (A.l.t.), February 3, 2016, though
will take effect on a certain date unless ‘‘Governmental Actions and Interference
2400 hrs, A.l.t., December 31, 2016.
the NTSB receives an adverse comment with Constitutionally Protected Property
or a notice of intent to file an adverse Rights’’; Executive Order 13045, FOR FURTHER INFORMATION CONTACT:
comment. Id. § 800.44(d). Section ‘‘Protection of Children from Steve Whitney, 907–586–7269.
800.44 also defines ‘‘adverse comment’’ Environmental Health Risks and Safety SUPPLEMENTARY INFORMATION: NMFS
for purposes of the direct final Risks’’; Executive Order 13175, manages the groundfish fishery in the
rulemaking procedure. Comments on ‘‘Consultation and Coordination with BSAI exclusive economic zone
the NTSB’s change to section Indian Tribal Governments’’; Executive according to the Fishery Management
830.5(a)(10) and the updated footnote Order 13211, ‘‘Actions Concerning Plan for Groundfish of the Bering Sea
accompanying section 830.5 were due Regulations That Significantly Affect and Aleutian Islands Management Area
by January 14, 2016. The NTSB did not Energy Supply, Distribution, or Use’’; (FMP) prepared by the North Pacific
receive any comments. Therefore, as and the National Technology Transfer Fishery Management Council under
indicated in the direct final rule, the and Advancement Act, 15 U.S.C. 272 authority of the Magnuson-Stevens
changes will become effective on note. The NTSB has concluded this rule Fishery Conservation and Management
February 16, 2016. does not contravene any of the Act. Regulations governing fishing by
asabaliauskas on DSK5VPTVN1PROD with RULES
requirements set forth in these U.S. vessels in accordance with the FMP
Legal Analyses and Effective Date appear at subpart H of 50 CFR part 600
Executive Orders or statutes, nor does it
This final rule is not a significant prompt further consideration with and 50 CFR part 679.
regulatory action under Executive Order regard to such requirements. The sideboard limit of the 2016
12866, ‘‘Regulatory Planning and bycatch allowance of red king crab in
Review.’’ Therefore, Executive Order List of Subjects in 49 CFR Part 830 Zone 1 specified for the AFA trawl
12866 does not require a Regulatory Aircraft accidents, Aircraft incidents, catcher processors in the BSAI is 606
Assessment, and the Office of Aviation safety, Overdue aircraft crab as established by the final 2015 and
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Document Created: 2016-02-06 00:24:26
Document Modified: 2016-02-06 00:24:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; confirmation of effective date. | |
| Dates | The final rule published December 15, 2015 (80 FR 77586) becomes effective February 16, 2016. | |
| Contact | Scott Dunham, National Resource Specialist--ATC, Office of Aviation Safety, (202) 314-6387. | |
| FR Citation | 81 FR 6458 | |
| RIN Number | 3147-AA11 | |
| CFR Associated | Aircraft Accidents; Aircraft Incidents; Aviation Safety; Overdue Aircraft Notification and Reporting and Reporting and Recordkeeping Requirements |
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