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

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: 

Raymond.Plessinger@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 

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 § 133.35, Carriage of 

persons. With the creation of § 133.35, 

the occupancy limitations crossreferenced in § 133.49(a) were moved 

from § 133.45(a) to § 133.35(a). The 

cross-reference in § 133.49(a) was not 

amended to reflect this change. 

The final rule also amended § 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 crossreference in § 133.49(b) was not 

amended to reflect these changes. In this 

final rule, the FAA failed to update the 

regulatory cross-references in 

§ 133.49(a) and (b), based on the 

changes previously described. This 

technical amendment updates the crossreferences in § 133.49(a) and (b), based 

on the 1986 final rule. 

Technical Amendment 

This technical amendment will 

correct the noted cross-references 

currently in § 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 EXTERNALLOAD OPERATIONS 

■ 1. The authority citation for part 133 

continues to read as follows: 

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

44702. 

■ 2. Revise § 133.49 to read as follows: 

§ 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 rotorcraftload combination for which the 

rotorcraft has been approved and the 

occupancy limitation prescribed in 

§ 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 § 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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 742, 744, 748, and 

774 

[Docket No. 160718621–6621–01] 

RIN 0694–AH04 

Commerce Control List: Removal of 

Certain Nuclear Nonproliferation (NP) 

Column 2 Controls 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to amend the Export Administration 

Regulations (EAR) to remove nuclear 

nonproliferation (NP) Column 2 license 

requirements from certain pressure 

tubes, pipes, fittings, pipe valves, 

pumps, numerically controlled machine 

tools, oscilloscopes, and transient 

recorders on the Commerce Control List 

(CCL). These changes are intended to 

revise the EAR controls on these items 

by making them more consistent with 

the export controls of other countries 

that manufacture these items and that, 

together with the United States, are 

participating countries in the Nuclear 

Suppliers Group (NSG). As a result of 

the changes made by this rule, some of 

these items are no longer listed under an 

Export Control Classification Number 

(ECCN) on the CCL. However, such 

items remain subject to the EAR under 

the designation EAR99. This rule also 

creates four new ECCNs to maintain 

anti-terrorism (AT) controls on certain 

affected commodities and related 

‘‘software’’ and ‘‘technology.’’ All items 

subject to the EAR, regardless of 

whether they are listed on the CCL, may 

require a license for reasons described 

elsewhere in the EAR (e.g., license 

requirements based on end-user/end-use 


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