WASHINGTON – The National Transportation Safety Board announced today a Direct Final Rule to better narrow the focus of the notification requirement in 49 C.F.R. § 830.5(a)(10) concerning certain resolution advisories. The rule appears in today’s edition of the Federal Register.
NTSB regulations currently require aviation operators to report all Airborne Collision and Avoidance System (ACAS) resolution 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 between two or more aircraft. Review of notifications received under the rule has shown that the scope of the requirement can be reduced while still providing the NTSB notice of events that may benefit from an independent safety review. Therefore, after the change takes effect, operators will only be 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 has the opportunity to comment by January 14, 2016.
Barring receipt of adverse comments within the designated comment period, the change will take effect on February 16, 2016, and the NTSB will publish a confirmation of the change in the Federal Register after the comment period has closed. Should the NTSB receive any adverse comments or notices of intent to submit a comment, the NTSB will withdraw the rule and determine appropriate further actions.
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.