[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Rules and Regulations]
[Pages 6458-6459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02413]


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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: Final rule; confirmation of effective date.

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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