[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24009-24010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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