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. 

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. 

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 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

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. 

* * * * * 

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. 

* * * * * 

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 

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 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 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 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. § 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 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: 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 


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