Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records, 35329-35330 [2010-14925]

Download as PDF Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations prescribed in § 387.405, for loss of or damage to household goods. * * * * * ■ 8. In § 387.413, add a new paragraph (f) to read as follows: § 387.413 Forms and procedures. * * * * * (f) Termination of Forms BMC–32 and BMC–34 for freight forwarders of property other than household goods. Form BMC–32 endorsements and Form BMC–34 certificates of insurance issued to freight forwarders of property other than household goods that have been accepted by the FMCSA under these rules will expire on March 21, 2011. Issued on: June 15, 2010. Anne S. Ferro, Administrator. [FR Doc. 2010–14866 Filed 6–21–10; 8:45 am] BILLING CODE 4910–EX–P 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 WReier-Aviles on DSKGBLS3C1PROD with RULES AGENCY: National Transportation Safety Board (NTSB). ACTION: Correcting amendments. SUMMARY: The NTSB is correcting a regulatory subsection that became effective on March 8, 2010. The NTSB determined that a final rule which requires reports of certain runway incursions, failed to specify that on paragraph applies only to fixed-wing aircraft operating at public-use airports on land. These amendments function to considerably narrow the reporting requirement to include only the specific set of incidents for which the NTSB seeks reports. In addition, the NTSB is correcting a footnote because the NTSB no longer has a regional office in Parsippany, New Jersey. DATES: The correction is effective June 22, 2010. ADDRESSES: Copies of the notice of proposed rulemaking (NPRM) and the final rule, published in the Federal Register (FR), are available for inspection and copying in the NTSB’s public reading room, located at 490 L’Enfant Plaza, SW., Washington, DC 20594–2000. Alternatively, copies of the documents and comments that the NTSB received from the public are available on the government-wide Web VerDate Mar<15>2010 15:10 Jun 21, 2010 Jkt 220001 site on regulations at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Deepak Joshi, Aerospace Engineer (Structures), Office of Aviation Safety, (202) 314–6348. SUPPLEMENTARY INFORMATION: Regulatory History On October 7, 2008, the NTSB published an NPRM titled ‘‘Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records’’ in 73 FR 58520, and, on January 7, 2010, the NTSB published a final rule under the same title in 75 FR 922. The final rule codified the addition of five reportable incidents, including the following requirement concerning the reporting of runway incursions: ‘‘Any event in which an aircraft operated by an air carrier: (i) Lands or departs on a taxiway, incorrect runway, or other area not designed as a runway; or (ii) Experiences a runway incursion that requires the operator or the crew of another aircraft or vehicle to take immediate corrective action to avoid a collision.’’ After the publication of this final rule, several organizations advised the NTSB that the regulatory language may inadvertently require that aircraft taking off or landing at sites outside an airport submit a report each time they take off or land. Representatives of these organizations were concerned that they would be required to report every takeoff or landing of a helicopter that occurs on a ‘‘taxiway’’ or ‘‘other area not designed as a runway.’’ While the new rule literally states this, the preamble of the NPRM stated that it is not the NTSB’s intent to be notified of normal taxiway and off-airport rotorcraft takeoffs and landings (see 73 FR 58520). The NTSB does not seek to require reports of off-airport or taxiway takeoffs and landings that occur during normal helicopter operations, including helicopter operations at heliports, helidecks, hospital rooftops, highway berms, or any other area normally utilized to transport patients, passengers, or crews. The NTSB also does not seek to require reports of other off-airport or taxiway takeoffs and landings that occur during normal operations, such as those involving seaplanes, hot-air balloons, unmanned aircraft systems, and aircraft designed specifically for takeoffs and landings that do not occur at land airports. The NTSB’s correction to its inadvertent error in drafting overly broad regulatory language in 49 CFR 830.5(a)(12) contains the requirement that the NTSB PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 35329 receive reports of the following: ‘‘Any event in which an operator, when operating an airplane as an air carrier at a public-use airport on land: (i) Lands or departs on a taxiway, incorrect runway, or other area not designed as a runway; or (ii) Experiences a runway incursion that requires the operator or the crew of another aircraft or vehicle to take immediate corrective action to avoid a collision.’’ In interpreting this subsection, the NTSB plans to use the definition of ‘‘airplane’’ found in 14 CFR 1.1, which indicates that ‘‘[a]irplane means an engine-driven fixed-wing aircraft heavier than air, that is supported in flight by the dynamic reaction of the air against its wings.’’ Regarding the definition of ‘‘public-use airport,’’ the NTSB plans to use the definition in 49 U.S.C. 47102(21), which indicates that ‘‘ ‘public-use airport’ means— (A) a public airport; or (B) a privately-owned airport used or intended to be used for public purposes that is—(i) a reliever airport; or (ii) determined by the Secretary to have at least 2,500 passenger boardings each year and to receive scheduled passenger aircraft service.’’ The NTSB believes the qualification of ‘‘on land’’ of ‘‘public-use airport’’ is self-explanatory; the NTSB does not seek reports of operations on water. This new language functions to narrow the reporting requirement. Given that it does not impose any new requirements but instead narrows the current requirement to include only reports of incidents in which airplanes at public-use airports on land are involved in runway incursions, the NTSB has concluded that it is legally permissible to publish this correction to the rule rather than engage in a new rulemaking procedure under the Administrative Procedure Act. The corrected language is clearly a logical outgrowth of the language that became effective on March 8, 2010, and applies to fewer scenarios than the original language. 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: ■ E:\FR\FM\22JNR1.SGM 22JNR1 35330 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations PART 830—NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT WRECKAGE, MAIL, CARGO, AND RECORDS DEPARTMENT OF COMMERCE 1. The authority citation for part 830 continues to read as follows: RIN 0648–AY32 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 0911051395–0252–02] ■ Authority: Independent Safety Board Act of 1974, as amended (49 U.S.C. 1101–1155); Federal Aviation Act of 1958, Public Law 85– 726, 72 Stat. 731 (codified as amended at 49 U.S.C. 40101). 2. Amend § 830.15 as follows: ■ A. Republish the introductory text. ■ B. Revise footnote 1 and paragraph (a)(12). The revisions read as follows: ■ § 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: (a) * * * (12) Any event in which an operator, when operating an airplane as an air carrier at a public-use airport on land: (i) Lands or departs on a taxiway, incorrect runway, or other area not designed as a runway; or (ii) Experiences a runway incursion that requires the operator or the crew of another aircraft or vehicle to take immediate corrective action to avoid a collision. * * * * * Deborah A.P. Hersman, Chairman. [FR Doc. 2010–14925 Filed 6–21–10; 8:45 am] WReier-Aviles on DSKGBLS3C1PROD with RULES BILLING CODE 7533–01–P 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; 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 https://www.ntsb.gov. VerDate Mar<15>2010 15:10 Jun 21, 2010 Jkt 220001 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment for the South Atlantic Region AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues this final rule to implement the Comprehensive Ecosystem-Based Amendment 1 (CE– BA1) to the following South Atlantic fishery management plans (FMPs): The FMP for Coral, Coral reefs, and Live/ Hard Bottom Habitats of the South Atlantic Region (Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP); and the FMP for the SnapperGrouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council); as well as the FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils. This final rule establishes Deepwater Coral Habitat Areas of Particular Concern (Deepwater Coral HAPCs) off the coast of the southern Atlantic states in which the use of specified fishing gear and methods and the possession of coral is prohibited. Within the Deepwater Coral HAPCs, fishing zones have been established that allow continued fishing on the historical grounds for golden crab and deepwater shrimp. This rule protects what is thought to be the largest distribution of pristine deepwater coral ecosystems in the world while minimizing the effects on traditional fishing in the Deepwater Coral HAPCs. Additionally, the amendment updates existing Essential Fish Habitat (EFH) information in the area off the southern Atlantic states, thus, addressing the PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 need for spatial representation of designated EFH and EFH–HAPCs. DATES: This rule is effective July 22, 2010. ADDRESSES: Copies of the regulatory flexibility analysis, CE–BA1, the Final Environmental Impact Statement (FEIS), the Regulatory Impact Review, and the Social Impact Assessment/Fishery Impact Statement may be obtained from Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701–5505. FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727–824–5305. SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagics; coral, coral reefs, and live/hard bottom habitats; dolphin and wahoo; golden crab; shrimp; spiny lobster; and snapper-grouper off the southern Atlantic states are managed under their respective FMPs. The FMPs were prepared by the Council(s) and are implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The availability of CE–BA1 was announced in the Federal Register on March 4, 2010 (75 FR 9864). On March 26, 2010, NMFS published a proposed rule for CE–BA1 and requested public comment (75 FR 14548). NMFS approved CE–BA1 on June 1, 2010. This final rule establishes Deepwater Coral HAPCs off the coast of the southern Atlantic states in which the use of specified fishing gear and methods and possession of coral is prohibited. Within the Deepwater Coral HAPCs, fishing zones have been created that allow continued fishing on the historical grounds for golden crab and deepwater shrimp. The rationale for the measures contained in CE–BA1 is provided in the amendment and in the preamble to the proposed rule and is not repeated here. Comments and Responses The following is a summary of the comments NMFS received on the proposed rule and CE–BA1, and NMFS’ respective responses. During the respective comment periods for CE–BA1 and the proposed rule, NMFS received five submissions from the public, Federal agencies, and non-governmental organizations. Of these, two comments expressed support for the actions proposed in CE–BA1. Three comments expressed concern with various aspects of the amendment and proposed rule, and are addressed below. Comment 1: The Deepwater Shrimp Advisory Panel (AP) unanimously agreed on the alternative (Alternative 3), E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Pages 35329-35330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14925]


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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: Correcting amendments.

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

SUMMARY: The NTSB is correcting a regulatory subsection that became 
effective on March 8, 2010. The NTSB determined that a final rule which 
requires reports of certain runway incursions, failed to specify that 
on paragraph applies only to fixed-wing aircraft operating at public-
use airports on land. These amendments function to considerably narrow 
the reporting requirement to include only the specific set of incidents 
for which the NTSB seeks reports. In addition, the NTSB is correcting a 
footnote because the NTSB no longer has a regional office in 
Parsippany, New Jersey.

DATES: The correction is effective June 22, 2010.

ADDRESSES: Copies of the notice of proposed rulemaking (NPRM) and the 
final rule, published in the Federal Register (FR), are available for 
inspection and copying in the NTSB's public reading room, located at 
490 L'Enfant Plaza, SW., Washington, DC 20594-2000. Alternatively, 
copies of the documents and comments that the NTSB received from the 
public are available on the government-wide Web site on regulations at 
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Deepak Joshi, Aerospace Engineer 
(Structures), Office of Aviation Safety, (202) 314-6348.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 7, 2008, the NTSB published an NPRM titled 
``Notification and Reporting of Aircraft Accidents or Incidents and 
Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, 
and Records'' in 73 FR 58520, and, on January 7, 2010, the NTSB 
published a final rule under the same title in 75 FR 922. The final 
rule codified the addition of five reportable incidents, including the 
following requirement concerning the reporting of runway incursions: 
``Any event in which an aircraft operated by an air carrier: (i) Lands 
or departs on a taxiway, incorrect runway, or other area not designed 
as a runway; or (ii) Experiences a runway incursion that requires the 
operator or the crew of another aircraft or vehicle to take immediate 
corrective action to avoid a collision.''
    After the publication of this final rule, several organizations 
advised the NTSB that the regulatory language may inadvertently require 
that aircraft taking off or landing at sites outside an airport submit 
a report each time they take off or land. Representatives of these 
organizations were concerned that they would be required to report 
every takeoff or landing of a helicopter that occurs on a ``taxiway'' 
or ``other area not designed as a runway.'' While the new rule 
literally states this, the preamble of the NPRM stated that it is not 
the NTSB's intent to be notified of normal taxiway and off-airport 
rotorcraft takeoffs and landings (see 73 FR 58520).
    The NTSB does not seek to require reports of off-airport or taxiway 
takeoffs and landings that occur during normal helicopter operations, 
including helicopter operations at heliports, helidecks, hospital 
rooftops, highway berms, or any other area normally utilized to 
transport patients, passengers, or crews. The NTSB also does not seek 
to require reports of other off-airport or taxiway takeoffs and 
landings that occur during normal operations, such as those involving 
seaplanes, hot-air balloons, unmanned aircraft systems, and aircraft 
designed specifically for takeoffs and landings that do not occur at 
land airports. The NTSB's correction to its inadvertent error in 
drafting overly broad regulatory language in 49 CFR 830.5(a)(12) 
contains the requirement that the NTSB receive reports of the 
following: ``Any event in which an operator, when operating an airplane 
as an air carrier at a public-use airport on land: (i) Lands or departs 
on a taxiway, incorrect runway, or other area not designed as a runway; 
or (ii) Experiences a runway incursion that requires the operator or 
the crew of another aircraft or vehicle to take immediate corrective 
action to avoid a collision.''
    In interpreting this subsection, the NTSB plans to use the 
definition of ``airplane'' found in 14 CFR 1.1, which indicates that 
``[a]irplane means an engine-driven fixed-wing aircraft heavier than 
air, that is supported in flight by the dynamic reaction of the air 
against its wings.'' Regarding the definition of ``public-use 
airport,'' the NTSB plans to use the definition in 49 U.S.C. 47102(21), 
which indicates that `` `public-use airport' means-- (A) a public 
airport; or (B) a privately-owned airport used or intended to be used 
for public purposes that is--(i) a reliever airport; or (ii) determined 
by the Secretary to have at least 2,500 passenger boardings each year 
and to receive scheduled passenger aircraft service.'' The NTSB 
believes the qualification of ``on land'' of ``public-use airport'' is 
self-explanatory; the NTSB does not seek reports of operations on 
water.
    This new language functions to narrow the reporting requirement. 
Given that it does not impose any new requirements but instead narrows 
the current requirement to include only reports of incidents in which 
airplanes at public-use airports on land are involved in runway 
incursions, the NTSB has concluded that it is legally permissible to 
publish this correction to the rule rather than engage in a new 
rulemaking procedure under the Administrative Procedure Act. The 
corrected language is clearly a logical outgrowth of the language that 
became effective on March 8, 2010, and applies to fewer scenarios than 
the original language.

List of Subjects in 49 CFR Part 830

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

0
For the reasons discussed in the preamble, the NTSB amends 49 CFR part 
830 as follows:

[[Page 35330]]

PART 830--NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR 
INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT 
WRECKAGE, MAIL, CARGO, AND RECORDS

0
1. The authority citation for part 830 continues to read as follows:

    Authority: Independent Safety Board Act of 1974, as amended (49 
U.S.C. 1101-1155); Federal Aviation Act of 1958, Public Law 85-726, 
72 Stat. 731 (codified as amended at 49 U.S.C. 40101).

0
2. Amend Sec.  830.15 as follows:
0
A. Republish the introductory text.
0
B. Revise footnote 1 and paragraph (a)(12).
    The revisions 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 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; 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 https://www.ntsb.gov.
---------------------------------------------------------------------------

    (a) * * *
    (12) Any event in which an operator, when operating an airplane as 
an air carrier at a public-use airport on land:
    (i) Lands or departs on a taxiway, incorrect runway, or other area 
not designed as a runway; or
    (ii) Experiences a runway incursion that requires the operator or 
the crew of another aircraft or vehicle to take immediate corrective 
action to avoid a collision.
* * * * *

Deborah A.P. Hersman,
Chairman.
[FR Doc. 2010-14925 Filed 6-21-10; 8:45 am]
BILLING CODE 7533-01-P
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