81 FR 85138 - Rotorcraft External-Load Operations; Technical Amendment

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 227 (November 25, 2016)

Page Range		85138-85138
FR Document		2016-28399

The FAA is correcting two regulatory cross-references. The pertinent section was not amended to reflect changes that were implemented in the final rule dated November 7, 1986 (Doc. No. 24550, 51 FR 40692, 40708).

Federal Register, Volume 81 Issue 227 (Friday, November 25, 2016)

[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Page 85138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28399]



[[Page 85138]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 133

[Docket No. 1529; Amdt. No. 133-9A]


Rotorcraft External-Load Operations; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting two regulatory cross-references. The 
pertinent section was not amended to reflect changes that were 
implemented in the final rule dated November 7, 1986 (Doc. No. 24550, 
51 FR 40692, 40708).

DATES: This action becomes effective on November 25, 2016.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Raymond T. Plessinger, General Aviation and 
Commercial Divisions, AFS-820, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
1100; email: [email protected].

SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Adoption Without Prior Notice

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency for ``good cause'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    Section 553(d)(3) of the Administrative Procedure Act requires that 
agencies publish a rule not less than 30 days before its effective 
date, except as otherwise provided by the agency for good cause found 
and published with the rule.
    This document is correcting an error that is in 14 CFR part 133. 
This correction will not impose any additional restrictions on the 
persons affected by these regulations. Furthermore, any additional 
delay in making the regulations correct would be contrary to the public 
interest. Accordingly, the FAA finds that (i) public comment on these 
standards prior to promulgation is unnecessary, and (ii) good cause 
exists to make this rule effective in less than 30 days.

Background

    On November 7, 1986, the FAA published a final rule (Doc. No. 
24550, 51 FR 40692, 40708) that amended and updated the operations and 
maintenance requirements pertaining to rotorcraft and established a new 
Class D rotorcraft-load combination. The final rule created a new Sec.  
133.35, Carriage of persons. With the creation of Sec.  133.35, the 
occupancy limitations cross-referenced in Sec.  133.49(a) were moved 
from Sec.  133.45(a) to Sec.  133.35(a). The cross-reference in Sec.  
133.49(a) was not amended to reflect this change.
    The final rule also amended Sec.  133.45, Operating limitations, by 
removing paragraph (a). This resulted in paragraphs (b), (c), (d), and 
(e) to be redesignated as paragraphs (a), (b), (c), and (d), 
respectively. The cross-reference in Sec.  133.49(b) was not amended to 
reflect these changes. In this final rule, the FAA failed to update the 
regulatory cross-references in Sec.  133.49(a) and (b), based on the 
changes previously described. This technical amendment updates the 
cross-references in Sec.  133.49(a) and (b), based on the 1986 final 
rule.

Technical Amendment

    This technical amendment will correct the noted cross-references 
currently in Sec.  133.49(a) and (b). Because this action results in no 
substantive change to part 133, we find good cause exists under 5 
U.S.C. 553(d)(3) to make this technical amendment effective in less 
than 30 days and upon its publication in the Federal Register.

List of Subjects in 14 CFR Part 133

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 133--ROTORCRAFT EXTERNAL-LOAD OPERATIONS

0
1. The authority citation for part 133 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44702.


0
2. Revise Sec.  133.49 to read as follows:


Sec.  133.49   Markings and placards.

    The following markings and placards must be displayed conspicuously 
and must be such that they cannot be easily erased, disfigured, or 
obscured:
    (a) A placard (displayed in the cockpit or cabin) stating the class 
of rotorcraft-load combination for which the rotorcraft has been 
approved and the occupancy limitation prescribed in Sec.  133.35(a).
    (b) A placard, marking, or instruction (displayed next to the 
external-load attaching means) stating the maximum external load 
prescribed as an operating limitation in Sec.  133.45(b).

    Issued under authority of 49 U.S.C. 106(g), 40113, 44701-44702 
in Washington, DC, on November 16, 2016.
Dale Bouffiou,
Acting Director, Office of Rulemaking.
[FR Doc. 2016-28399 Filed 11-23-16; 8:45 am]
 BILLING CODE 4910-13-P

85138 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Background load combination for which the
On November 7, 1986, the FAA rotorcraft has been approved and the
Federal Aviation Administration occupancy limitation prescribed in
published a final rule (Doc. No. 24550,
51 FR 40692, 40708) that amended and § 133.35(a).
14 CFR Part 133 (b) A placard, marking, or instruction
updated the operations and
(displayed next to the external-load
[Docket No. 1529; Amdt. No. 133–9A] maintenance requirements pertaining to
attaching means) stating the maximum
rotorcraft and established a new Class D
Rotorcraft External-Load Operations; external load prescribed as an operating
rotorcraft-load combination. The final
Technical Amendment limitation in § 133.45(b).
rule created a new § 133.35, Carriage of
persons. With the creation of § 133.35, Issued under authority of 49 U.S.C. 106(g),
AGENCY: Federal Aviation 40113, 44701–44702 in Washington, DC, on
Administration, DOT. the occupancy limitations cross-
referenced in § 133.49(a) were moved November 16, 2016.
ACTION: Final rule; technical Dale Bouffiou,
from § 133.45(a) to § 133.35(a). The
amendment. cross-reference in § 133.49(a) was not Acting Director, Office of Rulemaking.
SUMMARY: The FAA is correcting two amended to reflect this change. [FR Doc. 2016–28399 Filed 11–23–16; 8:45 am]

regulatory cross-references. The The final rule also amended § 133.45, BILLING CODE 4910–13–P

pertinent section was not amended to Operating limitations, by removing
reflect changes that were implemented paragraph (a). This resulted in
in the final rule dated November 7, 1986 paragraphs (b), (c), (d), and (e) to be DEPARTMENT OF COMMERCE
(Doc. No. 24550, 51 FR 40692, 40708). redesignated as paragraphs (a), (b), (c),
and (d), respectively. The cross- Bureau of Industry and Security
DATES: This action becomes effective on
reference in § 133.49(b) was not
November 25, 2016. 15 CFR Parts 738, 742, 744, 748, and
amended to reflect these changes. In this
FOR FURTHER INFORMATION CONTACT: For final rule, the FAA failed to update the 774
technical questions concerning this regulatory cross-references in [Docket No. 160718621–6621–01]
action, contact Raymond T. Plessinger, § 133.49(a) and (b), based on the
General Aviation and Commercial changes previously described. This RIN 0694–AH04
Divisions, AFS–820, Federal Aviation technical amendment updates the cross-
Administration, 800 Independence Commerce Control List: Removal of
references in § 133.49(a) and (b), based
Avenue SW., Washington, DC 20591; Certain Nuclear Nonproliferation (NP)
on the 1986 final rule.
telephone: (202) 267–1100; email: Column 2 Controls
Raymond.Plessinger@faa.gov. Technical Amendment
AGENCY: Bureau of Industry and
SUPPLEMENTARY INFORMATION: This technical amendment will Security, Commerce.
correct the noted cross-references ACTION: Final rule.
Good Cause for Immediate Adoption
currently in § 133.49(a) and (b). Because
Without Prior Notice SUMMARY: The Bureau of Industry and
this action results in no substantive
Section 553(b)(3)(B) of the change to part 133, we find good cause Security (BIS) publishes this final rule
Administrative Procedure Act (APA) (5 exists under 5 U.S.C. 553(d)(3) to make to amend the Export Administration
U.S.C. 551 et seq.) authorizes agencies this technical amendment effective in Regulations (EAR) to remove nuclear
to dispense with notice and comment less than 30 days and upon its nonproliferation (NP) Column 2 license
procedures for rules when the agency publication in the Federal Register. requirements from certain pressure
for ‘‘good cause’’ finds that those tubes, pipes, fittings, pipe valves,
procedures are ‘‘impracticable, List of Subjects in 14 CFR Part 133 pumps, numerically controlled machine
unnecessary, or contrary to the public Aircraft, Aviation safety, Reporting tools, oscilloscopes, and transient
interest.’’ Under this section, an agency, and recordkeeping requirements. recorders on the Commerce Control List
upon finding good cause, may issue a The Amendment (CCL). These changes are intended to
final rule without seeking comment revise the EAR controls on these items
prior to the rulemaking. In consideration of the foregoing, the by making them more consistent with
Section 553(d)(3) of the Federal Aviation Administration the export controls of other countries
Administrative Procedure Act requires amends chapter I of title 14, Code of that manufacture these items and that,
that agencies publish a rule not less Federal Regulations as follows: together with the United States, are
than 30 days before its effective date, participating countries in the Nuclear
except as otherwise provided by the PART 133—ROTORCRAFT EXTERNAL- Suppliers Group (NSG). As a result of
agency for good cause found and LOAD OPERATIONS the changes made by this rule, some of
published with the rule. ■ 1. The authority citation for part 133 these items are no longer listed under an
This document is correcting an error continues to read as follows: Export Control Classification Number
that is in 14 CFR part 133. This (ECCN) on the CCL. However, such
correction will not impose any Authority: 49 U.S.C. 106(g), 40113, 44701– items remain subject to the EAR under
additional restrictions on the persons 44702. the designation EAR99. This rule also
affected by these regulations. ■ 2. Revise § 133.49 to read as follows: creates four new ECCNs to maintain
Furthermore, any additional delay in anti-terrorism (AT) controls on certain
making the regulations correct would be § 133.49 Markings and placards. affected commodities and related
ehiers on DSK5VPTVN1PROD with RULES

contrary to the public interest. The following markings and placards ‘‘software’’ and ‘‘technology.’’ All items
Accordingly, the FAA finds that (i) must be displayed conspicuously and subject to the EAR, regardless of
public comment on these standards must be such that they cannot be easily whether they are listed on the CCL, may
prior to promulgation is unnecessary, erased, disfigured, or obscured: require a license for reasons described
and (ii) good cause exists to make this (a) A placard (displayed in the cockpit elsewhere in the EAR (e.g., license
rule effective in less than 30 days. or cabin) stating the class of rotorcraft- requirements based on end-user/end-use

VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

Document Created: 2016-11-23 23:17:52
Document Modified: 2016-11-23 23:17:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		This action becomes effective on November 25, 2016.
Contact		For technical questions concerning this action, contact Raymond T. Plessinger, General Aviation and Commercial Divisions, AFS-820, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 1100; email: [email protected]
FR Citation		81 FR 85138
CFR Associated		Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements

81 FR 85138 - Rotorcraft External-Load Operations; Technical Amendment

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 227 (November 25, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration