Thu, Jun 24, 2010
Amends Notification Requirements To Apply To Fixed-Wing
Only
The NTSB has taken action to correct 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 one paragraph (49 CFR
830.5(a)(12)) applies only to fixed-wing aircraft operating at
public-use airports on land. The amendment considerably narrows the
reporting requirement to include only the specific set of incidents
for which the NTSB seeks reports.
After the publication of this final rule, several organizations
pointed out to 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.
The NTSB says it 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.
Since the new language functions to narrow the reporting
requirement, and 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 concludes 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.
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