Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records, 6458-6459 [2016-02413]
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6458
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996) requires that
Executive agencies make every
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect; (2) clearly specifies
the effect on existing Federal law or
regulation; (3) provides a clear legal
standard for affected conduct, while
promoting simplification and burden
reduction; (4) clearly specifies the
retroactive effect, if any; (5) specifies
whether administrative proceedings are
to be required before parties file suit in
court; (6) adequately defines key terms;
and (7) addresses other important issues
affecting clarity and general
draftsmanship under any guidelines
issued by the Attorney General. This
document is consistent with these
requirements.
Pursuant to this Order, NHTSA notes
as follows. The preemptive effect of this
final rule is discussed above. NHTSA
notes further that there is no
requirement that individuals submit a
petition for reconsideration or pursue
other administrative proceeding before
they may file suit in court.
year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
I. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires agencies to prepare a
written assessment of the costs, benefits
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million annually
(adjusted for inflation with base year of
1995). This final rule would not result
in expenditures by State, local or tribal
governments, in the aggregate, or by the
private sector in excess of $100 million
annually.
■
asabaliauskas on DSK5VPTVN1PROD with RULES
J. Executive Order 13211
Executive Order 13211 (66 FR 28355,
May 18, 2001) applies to any
rulemaking that: (1) Is determined to be
economically significant as defined
under E.O. 12866, and is likely to have
a significantly adverse effect on the
supply of, distribution of, or use of
energy; or (2) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. This
rulemaking is not subject to E.O. 13211.
K. Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
VerDate Sep<11>2014
16:19 Feb 05, 2016
Jkt 238001
L. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Regulatory Text
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, Tires.
In consideration of the foregoing,
NHTSA is amending 49 CFR part 571 as
set forth below.
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115,
30117, 30166: delegation of authority at 49
CFR 1.95.
2. Section 571.108 is amended by
revising paragraph S7.4.13.2 and
footnote 1 of Table X to read as follows:
■
§ 571.108 Standard No. 108; Lamps,
reflective devices, and associated
equipment.
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*
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*
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S7.4.13.2 Inboard photometry. For
each motor vehicle less than 30 feet in
overall length, the minimum
photometric intensity requirements for a
side marker lamp may be met for all
inboard test points at a distance of 15
feet from the vehicle and on a vertical
plane that is perpendicular to the
longitudinal axis of the vehicle and
located midway between the front and
rear side marker lamps.
*
*
*
*
*
Table X—Side Marker Lamp
Photometry Requirements
*
*
*
*
*
(1) Where a side marker lamp
installed on a motor vehicle less than 30
feet in overall length has the lateral
angle nearest the other required side
marker lamp on the same side of the
vehicle reduced from 45° by design as
specified by S7.4.13.2, the photometric
intensity measurement may be met at
the lesser angle.
*
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PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Issued in Washington, DC, on February 1,
2016 under authority delegated in 49 CFR
1.95.
Mark R. Rosekind,
Administrator.
[FR Doc. 2016–02268 Filed 2–5–16; 8:45 am]
BILLING CODE 4910–59–P
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
National Transportation Safety
Board (NTSB).
ACTION: Final rule; confirmation of
effective date.
AGENCY:
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 noncontroversial 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 https://www.ntsb.gov, and at the
government-wide Web site on
regulations, at https://
www.regulations.gov.
SUMMARY:
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
E:\FR\FM\08FER1.SGM
08FER1
asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations
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. § 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
VerDate Sep<11>2014
16:19 Feb 05, 2016
Jkt 238001
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
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
6459
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 141021887–5172–02]
RIN 0648–XE429
Fisheries of the Exclusive Economic
Zone Off Alaska; Directed Fishing With
Trawl Gear by Fisheries Act Catcher
Processors in Bycatch Limitation Zone
1 of the Bering Sea and Aleutian
Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing with trawl gear, other than
pelagic trawl gear for walleye pollock,
by American Fisheries Act (AFA) trawl
catcher processors in Bycatch
Limitation Zone 1 of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the sideboard limit of
the 2016 bycatch allowance of red king
crab in Zone 1 specified for AFA trawl
catcher processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 3, 2016, though
2400 hrs, A.l.t., December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The sideboard limit of the 2016
bycatch allowance of red king crab in
Zone 1 specified for the AFA trawl
catcher processors in the BSAI is 606
crab as established by the final 2015 and
SUMMARY:
E:\FR\FM\08FER1.SGM
08FER1
Agencies
[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.
-----------------------------------------------------------------------
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 https://www.ntsb.gov, and at the government-wide Web site on
regulations, at https://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