The National Transportation Safety Board (NTSB) has announced that its direct final rule to narrow the reporting requirement in 49 C.F.R. § 830.5(a)(10) concerning certain resolution advisories is now effective. Confirmation of today’s effective date for the amended rule appeared in the Federal Register on February 8, 2016, at 81 FR 6458. This action is consistent with the agency’s commitment to review its existing regulations and reduce regulatory burdens where appropriate.
NTSB regulations previously required aviation operators to report all Airborne Collision and Avoidance System (ACAS) resolution advisories, which are warnings provided to pilots when they need to climb or descend to avoid traffic conflicts. The regulations required notification of advisories issued to an aircraft operating in class A airspace, as well as any other resolution advisory where compliance with the advisory is required to avert a substantial risk of collision. Review of notifications received under the rule showed that the scope of the requirement could be reduced while still providing notice to the NTSB of events that may benefit from an independent safety review. In the interest of ensuring that NTSB regulations are up-to-date and only require necessary reports, the NTSB decided to use its direct final rulemaking procedure to amend the rule in an expeditious manner.
Beginning today, operators are only required to report ACAS resolution advisories issued 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.
The NTSB used its direct final rulemaking procedure to make the change. Under this procedure, the public had the opportunity to comment by January 14, 2016. The NTSB did not receive any comments.
The rule change, as well as a discussion of it, is in the complete Direct Final Rule, which is available at https://federalregister.gov/a/2015-30758. The NTSB’s notice confirming the effective date of the rule change is available at https://federalregister.gov/a/2016-02413.