[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76686-76688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31423]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 830
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: Notice of proposed rulemaking.
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SUMMARY: The NTSB is proposing to amend its regulations concerning
notification and reporting requirements with regard to aircraft
accidents or incidents, found at paragraph (a)(10) of section 830.5,
entitled, ``Immediate notification.'' Currently, 49 CFR 830.5(a)(10)
requires reports of Airborne Collision and Avoidance System (ACAS)
advisories issued under certain specific circumstances. The NTSB now
proposes to narrow the ACAS reporting requirement in section
830.5(a)(10).
DATES: Submit comments on or before February 6, 2012.
ADDRESSES: You may send comments using any of the following methods:
1. Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
2. Mail: Mail comments concerning this proposed rule to Scott
Dunham, AS-30, National Transportation Safety Board, 490 L'Enfant Plaza
SW., Washington, DC 20594-2000.
3. Fax: (202) 314-6308, Attention: Scott Dunham.
4. Hand Delivery: 6th Floor, 490 L'Enfant Plaza SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Scott Dunham, National Resource
Specialist--ATC, Office of Aviation Safety, (202) 314-6387.
SUPPLEMENTARY INFORMATION:
Regulatory History
On January 7, 2010, the NTSB published a final rule entitled,
``Notification and Reporting of Aircraft Accidents or Incidents and
Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo,
and Records,'' in the Federal Register (75 FR 922). The final rule
implemented several changes to section 830.5, requiring immediate
notification of a variety of specific incidents, one of which was
certain ACAS advisories. In accordance with the Administrative
Procedure Act, prior to issuing the final rule, the NTSB published a
notice of proposed rulemaking (NPRM) in the Federal
[[Page 76687]]
Register to invite comments concerning the proposed changes. (73 FR
58520; October 7, 2008). Several commenters stated they believed the
language of section 830.5(a)(10), concerning ACAS advisories, would
require reports of all ACAS advisories. In issuing the final rule, the
NTSB attempted to clarify section 830.5(a)(10) by assuring commenters--
in the preamble published in the Federal Register--that the NTSB only
sought ACAS advisories in the following circumstances: ``(1) When an
aircraft is being operated on an instrument flight rules flight plan
and compliance with the advisory is necessary to avert a substantial
risk of collision between two or more aircraft; or (2) to an aircraft
operating in class A airspace.'' 75 FR at 923.
Although the NTSB believed the language of the final rule
adequately conveyed the limited circumstances in which the NTSB would
require notification of ACAS advisories, the NTSB has since determined
it would achieve the same safety objective by receiving reports under a
more specific set of circumstances. Therefore, the NTSB now proposes to
amend the language of the rule to eliminate notifications of events
where the only resolution advisory received by the flight crew is
``monitor vertical speed.'' Review of numerous TCAS events by Safety
Board investigators has shown ``monitor vertical speed'' advisories
typically occur in situations where there is no collision risk, and in
encounters where separation between aircraft deteriorates TCAS will
generate additional resolution advisories containing instructions to
climb or descend. As notification of those advisories will continue to
be required under the modified rule, the effect of this change will be
to eliminate the need for operators to notify the NTSB of events which
present no actual or potential hazard. The intent of the notification
requirement is to allow the NTSB to review potentially hazardous
encounters. We conclude this change will not significantly reduce our
ability to do so.
Statutory and Regulatory Evaluation
This proposed rule would amend the requirements for providing
immediate notification to the NTSB of certain ACAS advisories, reducing
the number of required notifications by aircraft operators.
This proposed rule 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 (OMB) has not reviewed this proposed rule under Executive
Order 12866. In addition, on July 11, 2011, the President issued
Executive Order 13579, ``Regulation and Independent Regulatory
Agencies,'' 76 FR 41587, July 14, 2011). Section 2(a) of the Executive
Order states:
independent regulatory agencies ``should consider how best to
promote retrospective analysis of rules that may be outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.''
76 FR at 41587.
Consistent with Executive Order 13579, the NTSB's proposed
amendments to section 830(a)(10) reflect its judgment that certain
types of ACAS notifications are unnecessary and, therefore, the
notification and reporting requirements should be streamlined. This
proposed 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.
In addition, the NTSB has considered whether this proposed rule
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 proposed rule
would not have a significant economic impact on a substantial number of
small entities. 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.
This proposed rule would not require collection of new information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Operators have the option of notifying the NTSB of an ACAS advisory
that fulfills the requirements of this rule via telephone, email, or
web-based form. The NTSB is working with the Office of Information and
Regulatory Affairs, OMB, to obtain an OMB control number under the
Paperwork Reduction Act to display on the web-based form.
The NTSB does not anticipate that this proposed rule will have a
substantial, direct effect on state or local governments or will
preempt state law; as such, this proposed rule does not have
implications for federalism under Executive Order 13132, Federalism.
This proposed 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 proposed 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 that this proposed rule does
not contravene any of the requirements set forth in these Executive
Orders or statutes, nor does this proposal prompt further consideration
with regard to such requirements. The NTSB invites comments relating to
any of the foregoing determinations and notes that the most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data.
Discussion of Proposed Revision
As noted above, the NTSB proposes to amend section 830.5(a)(10) to
require the reporting of:
Airborne Collision and Avoidance System (ACAS) advisories issued
either:
i. When an aircraft is being operated on an instrument flight rules
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, unless the
advisory received only instructs the pilot to ``monitor vertical
speed.''
The NTSB believes such an update will sufficiently clarify the
types of reports of ACAS advisories the NTSB seeks, and adequately
narrow the reporting requirement.
In addition, as the NTSB pointed out in the October 2008 NPRM
proposing this requirement, the International Civil Aviation
Organization (ICAO) had noted the NTSB's regulations did not previously
require the notification of any air proximity events. The amendment the
NTSB now proposes to section 830.5(a)(10) continues to require reports
of ACAS advisories, but narrows the requirement to exclude advisories
that merely instruct pilots to monitor their vertical speed.
The NTSB believes the proposed change to section 830.5(a)(10) will
continue to assist in achieving the NTSB's purpose of improving
aviation
[[Page 76688]]
safety, while ensuring the language of the rule only requires
notifications regarding specific ACAS advisories that the NTSB may seek
to investigate.
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 proposes to
amend 49 CFR part 830 as follows:
PART 830--[AMENDED]
1. The authority citation for 49 CFR part 830 should continue to
read as follows:
Authority: Independent Safety Board Act of 1974, as amended (49
U.S.C. 1101--1155); Federal Aviation Act of 1958, Pub. L. 85-726, 72
Stat. 731 (codified as amended at 49 U.S.C. 40101).
2. Section 830.5 is amended 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:
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\1\ NTSB regional offices are located in the following cities:
Anchorage, Alaska; Atlanta, Georgia; West Chicago, Illinois; Denver,
Colorado; Arlington, Texas; Gardena (Los Angeles), California;
Miami, Florida; Parsippany, New Jersey (metropolitan New York City);
Seattle, Washington; and Ashburn, Virginia. In addition, NTSB
headquarters is located at 490 L'Enfant Plaza, SW., Washington, DC
20594. Contact information for these offices is available at http://www.ntsb.gov.
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(a) An aircraft accident or any of the following listed serious
incidents occur:
* * * * *
(10) Airborne Collision and Avoidance System (ACAS) resolution
advisories issued either:
(i) When an aircraft is being operated on an instrument flight
rules 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, unless the only
advisory received is to ``monitor vertical speed'';
* * * * *
Dated: December 1, 2011.
Deborah A.P. Hersman,
Chairman.
[FR Doc. 2011-31423 Filed 12-7-11; 8:45 am]
BILLING CODE 7533-01-P