[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1188-1189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00285]


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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.

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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 <a href="/cdn-cgi/l/email-protection#583a2a313936762e3d2a3639183e3939763f372e"><span class="__cf_email__" data-cfemail="60021209010e4e1605120e01200601014e070f16">[email protected]</span></a>.

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


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