83_FR_1195 83 FR 1188 - Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Technical Amendment

83 FR 1188 - Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Technical Amendment

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range1188-1189
FR Document2018-00285

The FAA is correcting a final rule published on February 21, 2014. In that rule, the FAA amended its regulations to improve safety in helicopter air ambulance and commercial helicopter operations. This document removes an incorrect cross-reference and makes corresponding revisions.

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1188-1189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00285]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135

[Docket No. FAA-2010-0982; Amdt. No. 135-138]
RIN 2120-AJ53


Helicopter Air Ambulance, Commercial Helicopter, and Part 91 
Helicopter Operations; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: The FAA is correcting a final rule published on February 21, 
2014. In that rule, the FAA amended its regulations to improve safety 
in helicopter air ambulance and commercial helicopter operations. This 
document removes an incorrect cross-reference and makes corresponding 
revisions.

DATES: Effective January 10, 2018.

FOR FURTHER INFORMATION CONTACT: Brian Verna, Aircraft Maintenance 
Division, Avionics Branch, AFS-360, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-
1710; email brian.verna@faa.gov.

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 in 14 CFR 135.168. These 
corrections will not impose any additional

[[Page 1189]]

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 February 21, 2014, the FAA published a final rule entitled, 
``Helicopter Air Ambulance, Commercial Helicopter, and Part 91 
Helicopter Operations'' (79 FR 9932). In that final rule the FAA 
created provisions directed primarily toward helicopter air ambulance 
operations and all commercial helicopter operations conducted under 
part 135.
    The rule added Sec.  135.168(c) which states, ``[t]he equipment 
required by this section must be maintained in accordance with Sec.  
135.419.'' Section 135.419 outlines inspection, not maintenance, 
requirements making the cross reference to Sec.  135.419 incorrect.

Technical Amendment

    This technical amendment addresses this incorrect reference to 
inspection requirements. Maintenance and inspection requirements for 
part 135 operators are currently described in part 135 Subpart J. 
Accordingly, the FAA is removing the current text of Sec.  135.168 (c) 
to avoid potential confusion from redundant regulatory text.
    This technical amendment also removes the reference to Sec.  
135.168(c) from Sec.  135.168(b). Finally, the FAA removes the 
effective date for Sec.  135.168(b) because that date has passed, and 
the paragraph currently is effective.

Executive Order Determinations

Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs

    This technical amendment is not an E.O. 13771 regulatory action 
because this technical amendment is not significant under E.O. 12866.

List of Subjects in 14 CFR Part 135

    Air taxis, Aircraft, Aviation safety.

The Amendment

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

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
1. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).


0
2. Amend Sec.  135.168 by revising paragraph (b) introductory text and 
removing and reserving paragraph (c).
    The revision reads as follows:


Sec.  135.168.  Emergency equipment. Overwater rotorcraft operations.

* * * * *
    (b) Required equipment. Except when authorized by the certificate 
holder's operations specifications, or when necessary only for takeoff 
or landing, no person may operate a rotorcraft beyond autorotational 
distance from the shoreline unless it carries:
* * * * *

    Issued under authority of 49 U.S.C. 106(f), 106(g), 44701(a), 
and 44730 in Washington, DC.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2018-00285 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-13-P



                                                1188              Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations

                                                                                                                                       Required                                                     Permitted

                                                                                                                                                                                                                                        Waiver
                                                                    Maneuvers/procedures                                   Simulated                                         Visual       Nonvisual              Training             provisions
                                                                                                                          instrument                    Inflight           simulator      simulator               device                  of
                                                                                                                          conditions                                                                                                 § 121.441(d)

                                                      (2) The approach must be made to the authorized
                                                         minimum circling approach attitude followed by a
                                                         change in heading and the necessary maneu-
                                                         vering by visual reference to maintain a flight path
                                                         that permits a normal landing on a runway at
                                                         least 90[degrees] from the final approach course
                                                         of the simulated instrument portion of the ap-
                                                         proach.
                                                      (3) The circling approach must be performed with-
                                                         out excessive maneuvering, and without exceed-
                                                         ing the normal operating limits of the airplane.
                                                         The angle of bank should not exceed
                                                         30[degrees].
                                                If local conditions beyond the control of the pilot prohibit
                                                   the maneuver or prevent it from being performed as
                                                   required, it may be waived as provided in
                                                   § 121.441(d): Provided, however, that the maneuver
                                                   may not be waived under this provision for two suc-
                                                   cessive proficiency checks.
                                                The circling approach maneuver is not required for a
                                                   second-in-command if the certificate holder’s manual
                                                   prohibits a second-in-command from performing a cir-
                                                   cling approach in operations under this part.
                                                (e) Missed Approach
                                                      (1) Each pilot must perform at least one missed ap-
                                                         proach from an ILS approach ................................    ....................       ....................      *B       ....................   ....................   ....................
                                                      (2) Each pilot in command must perform at least
                                                         one additional missed approach ............................     ....................       ....................      *P       ....................   ....................   ....................
                                                A complete approved missed approach procedure must
                                                   be accomplished at least once. At the discretion of the
                                                   person conducting a check a simulated powerplant
                                                   failure may be required during any of the missed ap-
                                                   proaches. These maneuvers may be performed either
                                                   independently or in conjunction with maneuvers re-
                                                   quired under Sections III or V of this appendix. At
                                                   least one missed approach must be performed in
                                                   flight.

                                                           *                        *                         *                                 *                            *                          *                               *


                                                   Issued under the authority of 49 U.S.C.                       Final rule; technical
                                                                                                           ACTION:                                                                 Good Cause for Immediate Adoption
                                                106(f) and (g) in Washington, DC on January                amendment.                                                              Without Prior Notice
                                                3, 2018.
                                                Lirio Liu,                                                                                                                            Section 553(b)(3)(B) of the
                                                                                                           SUMMARY:    The FAA is correcting a final                               Administrative Procedure Act (APA) (5
                                                Director, Office of Rulemaking.                            rule published on February 21, 2014. In                                 U.S.C. 551 et seq.) authorizes agencies
                                                [FR Doc. 2018–00225 Filed 1–9–18; 8:45 am]                 that rule, the FAA amended its                                          to dispense with notice and comment
                                                BILLING CODE 4910–13–P                                     regulations to improve safety in                                        procedures for rules when the agency
                                                                                                           helicopter air ambulance and                                            for ‘‘good cause’’ finds that those
                                                                                                           commercial helicopter operations. This                                  procedures are ‘‘impracticable,
                                                DEPARTMENT OF TRANSPORTATION
                                                                                                           document removes an incorrect cross-                                    unnecessary, or contrary to the public
                                                Federal Aviation Administration                            reference and makes corresponding                                       interest.’’ Under this section, an agency,
                                                                                                           revisions.                                                              upon finding good cause, may issue a
                                                14 CFR Part 135                                                                                                                    final rule without seeking comment
                                                                                                           DATES:       Effective January 10, 2018.                                prior to the rulemaking.
                                                [Docket No. FAA–2010–0982; Amdt. No.                       FOR FURTHER INFORMATION CONTACT:                                           Section 553(d)(3) of the
                                                135–138]                                                   Brian Verna, Aircraft Maintenance                                       Administrative Procedure Act requires
                                                                                                           Division, Avionics Branch, AFS–360,                                     that agencies publish a rule not less
jstallworth on DSKBBY8HB2PROD with RULES




                                                RIN 2120–AJ53                                                                                                                      than 30 days before its effective date,
                                                                                                           Federal Aviation Administration, 800
                                                                                                           Independence Avenue SW, Washington,                                     except as otherwise provided by the
                                                Helicopter Air Ambulance, Commercial
                                                                                                           DC 20591; telephone (202) 267–1710;                                     agency for good cause found and
                                                Helicopter, and Part 91 Helicopter
                                                                                                           email brian.verna@faa.gov.                                              published with the rule.
                                                Operations; Technical Amendment
                                                                                                                                                                                      This document is correcting an error
                                                AGENCY:Federal Aviation                                    SUPPLEMENTARY INFORMATION:                                              in 14 CFR 135.168. These corrections
                                                Administration, DOT.                                                                                                               will not impose any additional


                                           VerDate Sep<11>2014    15:18 Jan 09, 2018    Jkt 244001   PO 00000     Frm 00016      Fmt 4700           Sfmt 4700       E:\FR\FM\10JAR1.SGM   10JAR1


                                                                 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations                                          1189

                                                restrictions on the persons affected by                 PART 135—OPERATING                                     mailing standards relating to the
                                                these regulations. Furthermore, any                     REQUIREMENTS: COMMUTER AND                             shipment of hazardous, restricted, and
                                                additional delay in making the                          ON-DEMAND OPERATIONS AND                               perishable materials. Publication 52
                                                regulations correct would be contrary to                RULES GOVERNING PERSONS ON                             provides a complete and comprehensive
                                                the public interest. Accordingly, the                   BOARD SUCH AIRCRAFT                                    source for users to find information
                                                FAA finds that (i) public comment on                                                                           necessary to properly prepare mailings
                                                these standards prior to promulgation is                ■ 1. The authority citation for part 135               of hazardous, restricted, and perishable
                                                unnecessary, and (ii) good cause exists                 continues to read as follows:                          materials, and limits the need for users
                                                to make this rule effective in less than                  Authority: 49 U.S.C. 106(f), 106(g), 41706,          to consult other information sources
                                                30 days.                                                40113, 44701–44702, 44705, 44709, 44711–               when preparing such mailings.
                                                                                                        44713, 44715–44717, 44722, 44730, 45101–                 Publication 52 is available, in a read-
                                                Background                                              45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C.         only format, to the mailing industry and
                                                                                                        44730).                                                general public via the Postal Explorer®
                                                   On February 21, 2014, the FAA                                                                               website at http://pe.usps.com. The
                                                published a final rule entitled,                        ■ 2. Amend § 135.168 by revising
                                                                                                        paragraph (b) introductory text and                    Postal Explorer application can be
                                                ‘‘Helicopter Air Ambulance,                                                                                    accessed directly at any time. In
                                                Commercial Helicopter, and Part 91                      removing and reserving paragraph (c).
                                                                                                          The revision reads as follows:                       addition, links to Postal Explorer are
                                                Helicopter Operations’’ (79 FR 9932). In                                                                       provided on:
                                                that final rule the FAA created                         § 135.168. Emergency equipment.                          • The landing page of USPS.com, the
                                                provisions directed primarily toward                    Overwater rotorcraft operations.                       Postal Service’s primary customer-
                                                helicopter air ambulance operations and                 *     *    *     *     *                               facing website; and
                                                all commercial helicopter operations                      (b) Required equipment. Except when                    • The USPS application Postal Pro,
                                                conducted under part 135.                               authorized by the certificate holder’s                 an online informational source available
                                                   The rule added § 135.168(c) which                    operations specifications, or when                     to both mailing industry members and
                                                states, ‘‘[t]he equipment required by this              necessary only for takeoff or landing, no              Postal customers, intended to eventually
                                                section must be maintained in                           person may operate a rotorcraft beyond                 replace RIBBS.
                                                accordance with § 135.419.’’ Section                    autorotational distance from the                         New editions of Publication 52 will be
                                                135.419 outlines inspection, not                        shoreline unless it carries:                           published at regular intervals, generally
                                                maintenance, requirements making the                                                                           no less frequently than once each
                                                                                                        *     *    *     *     *                               calendar year. Changes to mailing
                                                cross reference to § 135.419 incorrect.                   Issued under authority of 49 U.S.C. 106(f),          standards applicable to hazardous,
                                                Technical Amendment                                     106(g), 44701(a), and 44730 in Washington,             restricted, and perishable materials will
                                                                                                        DC.                                                    be made as necessary, and incorporated
                                                   This technical amendment addresses                   Lirio Liu,                                             into each successive edition of
                                                this incorrect reference to inspection                  Director, Office of Rulemaking.                        Publication 52. The incorporation by
                                                requirements. Maintenance and                           [FR Doc. 2018–00285 Filed 1–9–18; 8:45 am]             reference of each edition of Publication
                                                inspection requirements for part 135                    BILLING CODE 4910–13–P                                 52 will be announced through
                                                operators are currently described in part                                                                      publication in the Federal Register.
                                                135 Subpart J. Accordingly, the FAA is                                                                         Details of the revisions to Publication 52
                                                removing the current text of § 135.168                  POSTAL SERVICE                                         will be published in the Postal Bulletin,
                                                (c) to avoid potential confusion from                                                                          available at https://about.usps.com/
                                                redundant regulatory text.                              39 CFR Part 113                                        postal-bulletin/welcome.htm.
                                                   This technical amendment also                                                                                 Prior to July, 2014, the Postal Service
                                                removes the reference to § 135.168(c)                   Hazardous, Restricted, and Perishable                  maintained standards for the mailing of
                                                from § 135.168(b). Finally, the FAA                     Mail (Publication 52); Incorporation by                hazardous, restricted, and perishable
                                                removes the effective date for                          Reference                                              mail in both the Mailing Standards of
                                                § 135.168(b) because that date has                                                                             the United States Postal Service,
                                                                                                        AGENCY:  Postal ServiceTM.
                                                passed, and the paragraph currently is                                                                         Domestic Mail Manual (DMM) and
                                                                                                        ACTION: Final rule.                                    Publication 52. On July 28, 2014, as part
                                                effective.
                                                                                                        SUMMARY:   The Postal Service announces                of a continuing initiative to reduce the
                                                Executive Order Determinations                          the issuance of Hazardous, Restricted,                 size of the DMM, the Postal Service
                                                                                                        and Perishable Mail (Publication 52)                   removed from that publication the
                                                Executive Order 13771, Reducing
                                                                                                        dated August 2017, and its                             detailed mailing standards relating to
                                                Regulation and Controlling Regulatory
                                                                                                        incorporation by reference in the Code                 hazardous, restricted, and perishable
                                                Costs
                                                                                                        of Federal Regulations.                                materials. In place of these detailed
                                                  This technical amendment is not an                                                                           provisions, revised DMM 601.8.0
                                                                                                        DATES: This final rule is effective on
                                                E.O. 13771 regulatory action because                                                                           advised that mailing standards specific
                                                                                                        January 10, 2018. The incorporation by                 to hazardous, restricted, and perishable
                                                this technical amendment is not                         reference of certain publications listed
                                                significant under E.O. 12866.                                                                                  mail would be incorporated into
                                                                                                        in the rule is approved by the Director                Publication 52, and could be found on
                                                List of Subjects in 14 CFR Part 135                     of the Federal Register as of January 10,              the Postal Explorer website at
                                                                                                        2018.                                                  pe.usps.com.
jstallworth on DSKBBY8HB2PROD with RULES




                                                   Air taxis, Aircraft, Aviation safety.                FOR FURTHER INFORMATION CONTACT:                         Based on its experience applying the
                                                The Amendment                                           Lizbeth Dobbins (202) 268–3789.                        mailing standards for hazardous,
                                                                                                        SUPPLEMENTARY INFORMATION: The most                    restricted and perishable mail since July
                                                  In consideration of the foregoing, the                recent issue of Hazardous, Restricted,                 28, 2014, the Postal Service believes that
                                                Federal Aviation Administration                         and Perishable Mail (Publication 52) is                these mailing standards were more
                                                amends chapter I of title 14, Code of                   dated August 2017. This issue of                       visible to the mailing community when
                                                Federal Regulations as follows:                         Publication 52 contains Postal Service                 they were included in the DMM, which


                                           VerDate Sep<11>2014   15:18 Jan 09, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\10JAR1.SGM   10JAR1



Document Created: 2018-10-26 09:34:56
Document Modified: 2018-10-26 09:34:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendment.
DatesEffective January 10, 2018.
ContactBrian Verna, Aircraft Maintenance Division, Avionics Branch, AFS-360, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267- 1710; email [email protected]
FR Citation83 FR 1188 
RIN Number2120-AJ53
CFR AssociatedAir Taxis; Aircraft and Aviation Safety

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR