82 FR 24009 - Safety Management System for Domestic, Flag and Supplemental Operations Certificate Holders; Technical Amendment
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 100 (May 25, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 24009-24010 | |
| FR Document | 2017-10739 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Rules and Regulations] [Pages 24009-24010] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10739] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 5 [Docket No. FAA-2009-0671; Amdt. No. 5-1A] RIN 2120-AJ86 Safety Management System for Domestic, Flag and Supplemental Operations Certificate Holders; Technical Amendment AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: This technical amendment corrects an error in the final rule titled Safety Management System for Domestic, Flag and Supplemental Operations Certificate Holders, published on January 8, 2015. In that rule, the FAA amended its regulations to require air carriers conducting domestic, flag and supplemental operations to put a safety management system (SMS) in place by 2018. DATES: This rule is effective May 25, 2017. FOR FURTHER INFORMATION CONTACT: Scott Van Buren, Chief System Engineer for Aviation Safety, Office of Accident Investigation and Prevention (AVP), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 494-8417; facsimile: (202) 267- 3992; 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 technical amendment corrects an erroneous cross-reference in Sec. 5.71(a)(6). This correction will not impose any additional restrictions on the persons [[Page 24010]] affected by these regulations. Furthermore, any additional delay in making the regulations correct would be contrary to the public interest because it would allow an error in the FAA's regulations to persist for a longer period of time. 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 In the final rule titled Safety Management System for Domestic, Flag and Supplemental Operations Certificate Holders, published on January 8, 2015 (80 FR1308), the FAA required air carriers operating under part 121 to develop and implement a safety management system (SMS) to improve the safety of its aviation-related activities. This rule is found in title 14 of the Code of Federal Regulations, part 5. Part 5 consists of six subparts: Subparts A through F. Section 5.71(a)(6) requires a certificate holder to develop and maintain processes and systems to monitor potential non-compliance with safety risk controls developed through the safety risk management process. The safety risk management process is set out in Subpart C of part 5, but Sec. 5.71(a)(6) erroneously cross-references Subpart B of part 5. Accordingly, this amendment corrects the cross-reference in Sec. 5.71(a)(6) to refer to Subpart C of part 5. Technical Amendment The technical amendment corrects Sec. 5.71(a)(6) so that it references Subpart C instead of Subpart B of part 5. List of Subjects in 14 CFR Part 5 Air carriers, Aircraft, Airmen, Aviation Safety, Reporting and recordkeeping requirements, Safety and transportation. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows: PART 5--SAFETY MANAGEMENT SYSTEMS 0 1. The authority citation for part 5 continues to read as follows: Authority: Pub. L. 111-216, sec. 215 (Aug.1, 2010); 49 U.S.C. 106(f), 106(g), 40101,40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105. Sec. 5.71 [Amended] 0 2. In Sec. 5.71, paragraph (a)(6), remove the reference ``subpart B'' and add, in its place, the reference ``subpart C''. Issued under the authority provided by 49 U.S.C. 106(f), 44701(a)(5) and Sec. 215 of Public Law 111-216, 124 Stat. 2350 (49 U.S.C. 44701 note) in Washington, DC, on May 18, 2017. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2017-10739 Filed 5-24-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations 24009
previously approved by OMB and the FOR FURTHER INFORMATION CONTACT DEPARTMENT OF TRANSPORTATION
assigned OMB No. 0581–0178, section.
Vegetable and Specialty Crops. No Federal Aviation Administration
After consideration of all relevant
changes are necessary in those matter presented, including the
requirements as a result of this action. 14 CFR Part 5
information and recommendations
Should any changes become necessary, [Docket No. FAA–2009–0671; Amdt. No. 5–
submitted by the Committee and other
they would be submitted to OMB for 1A]
available information, it is hereby found
approval.
that this rule, as hereinafter set forth, RIN 2120–AJ86
This final rule establishes the salable
quantities and allotment percentages for will tend to effectuate the declared
policy of the Act. Safety Management System for
Class 1 (Scotch) spearmint oil and Class Domestic, Flag and Supplemental
3 (Native) spearmint oil produced in the It is further found that good cause
Operations Certificate Holders;
Far West during the 2017–2018 exists for not postponing the effective
Technical Amendment
marketing year. Accordingly, this action date of this rule until 30 days after
will not impose any additional reporting publication in the Federal Register (5 AGENCY: Federal Aviation
or recordkeeping requirements on either U.S.C. 553) because the 2017–2018 Administration, DOT.
small or large spearmint oil producers marketing year starts on June 1, 2017, ACTION: Final rule; technical
or handlers. As with all Federal and handlers will need to begin amendment.
marketing order programs, reports and purchasing the spearmint oil allotted
forms are periodically reviewed to SUMMARY: This technical amendment
under this rulemaking. Further,
reduce information requirements and corrects an error in the final rule titled
handlers are aware of this rule, which
duplication by industry and public Safety Management System for
was recommended at a public meeting.
sector agencies. Domestic, Flag and Supplemental
Finally, a 30-day comment period was Operations Certificate Holders,
As noted in the initial regulatory provided for in the proposed rule, and
flexibility analysis, USDA has not published on January 8, 2015. In that
no comments were received. rule, the FAA amended its regulations
identified any relevant Federal rules
that duplicate, overlap, or conflict with List of Subjects in 7 CFR Part 985 to require air carriers conducting
this rule. domestic, flag and supplemental
AMS is committed to complying with Marketing agreements, Oils and fats, operations to put a safety management
the E-Government Act, to promote the Reporting and recordkeeping system (SMS) in place by 2018.
use of the internet and other requirements, Spearmint oil. DATES: This rule is effective May 25,
information technologies to provide For the reasons set forth in the 2017.
increased opportunities for citizen preamble, 7 CFR part 985 is amended as FOR FURTHER INFORMATION CONTACT:
access to Government information and follows: Scott Van Buren, Chief System Engineer
services, and for other purposes. for Aviation Safety, Office of Accident
In addition, the Committee’s meeting PART 985—MARKETING ORDER Investigation and Prevention (AVP),
was widely publicized throughout the REGULATING THE HANDLING OF Federal Aviation Administration, 800
spearmint oil industry and all interested SPEARMINT OIL PRODUCED IN THE Independence Avenue SW.,
persons were invited to attend the FAR WEST Washington, DC 20591; telephone: (202)
meeting and participate in Committee 494–8417; facsimile: (202) 267–3992;
deliberations on all issues. Like all ■ 1. The authority citation for part 985 email: scott.vanburen@faa.gov.
Committee meetings, the October 19, continues to read as follows: SUPPLEMENTARY INFORMATION:
2016, meeting was a public meeting and
all entities, both large and small, were Authority: 7 U.S.C. 601–674. Good Cause for Immediate Adoption
able to express views on the issues Without Prior Notice
■ 2. Section 985.236 is added to read as
presented. follows: Section 553(b)(3)(B) of the
A proposed rule concerning this Administrative Procedure Act (APA) (5
action was published in the Federal § 985.236 Salable quantities and allotment U.S.C. 551 et seq.) authorizes agencies
Register on March 31, 2017 (82 FR percentages—2017–2018 marketing year. to dispense with notice and comment
16001). A copy of the rule was provided procedures for rules when the agency
The salable quantity and allotment
to Committee staff, who in turn made it for ‘‘good cause’’ finds that those
available to all Far West spearmint oil percentage for each class of spearmint
procedures are ‘‘impracticable,
producers, handlers, and interested oil during the marketing year beginning
unnecessary, or contrary to the public
persons. Finally, the rule was made on June 1, 2017, shall be as follows:
interest.’’ Under this section, an agency,
available through the internet by USDA (a) Class 1 (Scotch) oil—a salable upon finding good cause, may issue a
and the Office of the Federal Register. A quantity of 774,645 pounds and an final rule without seeking comment
30-day comment period ending May 1, allotment percentage of 36 percent. prior to the rulemaking.
2017, was provided to allow interested (b) Class 3 (Native) oil—a salable Section 553(d)(3) of the
persons to respond to the proposal. No quantity of 1,075,051 pounds and an Administrative Procedure Act requires
comments were received. that agencies publish a rule not less
allotment percentage of 44 percent.
A small business guide on complying than 30 days before its effective date,
with fruit, vegetable, and specialty crop Dated: May 19, 2017. except as otherwise provided by the
marketing agreements and orders may Bruce Summers, agency for good cause found and
be viewed at: http://www.ams.usda.gov/ Acting Administrator, Agricultural Marketing published with the rule.
rules-regulations/moa/small-businesses. Service. This technical amendment corrects an
Any questions about the compliance [FR Doc. 2017–10679 Filed 5–24–17; 8:45 am] erroneous cross-reference in § 5.71(a)(6).
guide should be sent to Richard Lower BILLING CODE 3410–02–P
This correction will not impose any
at the previously mentioned address in additional restrictions on the persons
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![24010 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations
affected by these regulations. § 5.71 [Amended] Renton, WA. For information on the
Furthermore, any additional delay in ■ 2. In § 5.71, paragraph (a)(6), remove availability of this material at the FAA,
making the regulations correct would be the reference ‘‘subpart B’’ and add, in its call 425–227–1221. It is also available
contrary to the public interest because it place, the reference ‘‘subpart C’’. on the Internet at http://
would allow an error in the FAA’s www.regulations.gov by searching for
Issued under the authority provided by 49
regulations to persist for a longer period U.S.C. 106(f), 44701(a)(5) and Sec. 215 of
and locating Docket No. FAA–2017–
of time. Accordingly, the FAA finds that Public Law 111–216, 124 Stat. 2350 (49 0123.
(i) public comment on these standards U.S.C. 44701 note) in Washington, DC, on Examining the AD Docket
prior to promulgation is unnecessary, May 18, 2017.
and (ii) good cause exists to make this Lirio Liu, You may examine the AD docket on
rule effective in less than 30 days. Director, Office of Rulemaking.
the Internet at http://
www.regulations.gov by searching for
Background [FR Doc. 2017–10739 Filed 5–24–17; 8:45 am]
and locating Docket No. FAA–2017–
BILLING CODE 4910–13–P
In the final rule titled Safety 0123; or in person at the Docket
Management System for Domestic, Flag Management Facility between 9 a.m.
and Supplemental Operations and 5 p.m., Monday through Friday,
DEPARTMENT OF TRANSPORTATION
Certificate Holders, published on except Federal holidays. The AD docket
January 8, 2015 (80 FR1308), the FAA Federal Aviation Administration contains this AD, the regulatory
required air carriers operating under evaluation, any comments received, and
part 121 to develop and implement a 14 CFR Part 39 other information. The street address for
safety management system (SMS) to the Docket Office (telephone: 800–647–
[Docket No. FAA–2017–0123; Directorate 5527) is Docket Management Facility,
improve the safety of its aviation-related Identifier 2016–NM–033–AD; Amendment
activities. This rule is found in title 14 U.S. Department of Transportation,
39–18889; AD 2017–10–15]
of the Code of Federal Regulations, part Docket Operations, M–30, West
5. Part 5 consists of six subparts: RIN 2120–AA64 Building Ground Floor, Room W12–140,
Subparts A through F. 1200 New Jersey Avenue SE.,
Airworthiness Directives; Airbus Washington, DC 20590.
Section 5.71(a)(6) requires a certificate Defense and Space S.A. (Formerly
FOR FURTHER INFORMATION CONTACT:
holder to develop and maintain Known as Construcciones
Shahram Daneshmandi, Aerospace
processes and systems to monitor Aeronauticas, S.A.) Airplanes
Engineer, International Branch, ANM–
potential non-compliance with safety
AGENCY: Federal Aviation 116, Transport Airplane Directorate,
risk controls developed through the
Administration (FAA), Department of FAA, 1601 Lind Avenue SW., Renton,
safety risk management process. The
Transportation (DOT). WA 98057–3356; telephone: 425–227–
safety risk management process is set
ACTION: Final rule. 1112; fax: 425–227–1149.
out in Subpart C of part 5, but
§ 5.71(a)(6) erroneously cross-references SUPPLEMENTARY INFORMATION:
SUMMARY: We are adopting a new
Subpart B of part 5. Accordingly, this airworthiness directive (AD) for all Discussion
amendment corrects the cross-reference Airbus Defense and Space S.A. Model
in § 5.71(a)(6) to refer to Subpart C of We issued a notice of proposed
CN–235, CN–235–100, CN–235–200, rulemaking (NPRM) to amend 14 CFR
part 5. CN–235–300, and C–295 airplanes. This part 39 by adding an AD that would
Technical Amendment AD was prompted by a reported apply to all Airbus Defense and Space
inability to extend the external handle S.A. Model CN–235, CN–235–100, CN–
The technical amendment corrects of the emergency door from its recess 235–200, CN–235–300, and C–295
§ 5.71(a)(6) so that it references Subpart due to a jammed spring mechanism. airplanes. The NPRM published in the
C instead of Subpart B of part 5. This AD requires a one-time functional Federal Register on February 28, 2017
List of Subjects in 14 CFR Part 5 check of each emergency door handle, (82 FR 12074) (‘‘the NPRM’’). The
and corrective actions if necessary. We NPRM was prompted by a reported
Air carriers, Aircraft, Airmen, are issuing this AD to address the unsafe inability to extend the external handle
Aviation Safety, Reporting and condition on these products. of the emergency door from its recess
recordkeeping requirements, Safety and DATES: This AD is effective June 29, due to a jammed spring mechanism. The
transportation. 2017. NPRM proposed to require a one-time
The Director of the Federal Register functional check of each emergency
The Amendment
approved the incorporation by reference door handle, and corrective actions if
In consideration of the foregoing, the of certain publications listed in this AD necessary. We are issuing this AD to
Federal Aviation Administration as of June 29, 2017. detect and correct jamming of the door
amends chapter I of title 14, Code of ADDRESSES: For service information spring mechanism, which could lead to
Federal Regulations as follows: identified in this final rule, contact the inability to push out the emergency
EADS–CASA, Military Transport door external handle from its position
PART 5—SAFETY MANAGEMENT Aircraft Division (MTAD), Integrated normally aligned with the door skin.
SYSTEMS Customer Services (ICS), Technical This condition could result in the
Services, Avenida de Aragón 404, 28022 inability to open the emergency door
■ 1. The authority citation for part 5 Madrid, Spain; telephone: +34 91 585 from outside during an emergency.
continues to read as follows: 55 84; fax: +34 91 585 55 05; email: The European Aviation Safety Agency
Authority: Pub. L. 111–216, sec. 215 MTA.TechnicalService@casa.eads.net; (EASA), which is the Technical Agent
(Aug.1, 2010); 49 U.S.C. 106(f), 106(g), Internet: http://www.eads.net. You may for the Member States of the European
40101,40113, 40119, 41706, 44101, 44701– view this referenced service information Union, has issued EASA AD 2016–0051,
44702, 44705, 44709–44711, 44713, 44716– at the FAA, Transport Airplane dated March 11, 2016 (referred to after
44717, 44722, 46105. Directorate, 1601 Lind Avenue SW., this as the Mandatory Continuing
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Document Created: 2018-11-08 08:53:18
Document Modified: 2018-11-08 08:53:18
| 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 rule is effective May 25, 2017. | |
| Contact | Scott Van Buren, Chief System Engineer for Aviation Safety, Office of Accident Investigation and Prevention (AVP), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 494-8417; facsimile: (202) 267- 3992; email: [email protected] | |
| FR Citation | 82 FR 24009 | |
| RIN Number | 2120-AJ86 | |
| CFR Associated | Air Carriers; Aircraft; Airmen; Aviation Safety; Reporting and Recordkeeping Requirements and Safety and Transportation |
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