[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]


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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.

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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