[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Proposed Rules]
[Pages 12300-12302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5187]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 139

[Docket No. FAA-2010-0997; Notice No. 10-14]
RIN 2120-AJ38


Safety Management System for Certificated Airports; Extension of 
Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Second extension of comment period and notice of procedures for 
submission of clarifying questions.

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SUMMARY: The FAA published a proposed rule on October 7, 2010, to 
require each certificate holder to establish a safety management system 
(SMS) for its entire airfield environment (including movement and non-
movement areas) to improve safety at airports hosting air carrier 
operations. The American Association of Airport Executives and Airports 
Council International--North America have requested that the FAA 
provide additional information supporting the proposed rule and extend 
the comment period to allow adequate time for the public to analyze and 
comment on that information and the NPRM. This action extends the 
comment period until July 5, 2011, and establishes a procedure for 
handling clarifying questions to the proposed rule.

DATES: The comment period for the NPRM published on October 7, 2010, 
closing on March 7, 2011 is extended until July 5, 2011. You must 
submit your clarifying questions in writing using the procedures 
outlined in this notice by April 6, 2011. The FAA anticipates 
responding to these submissions and providing a summary report of the 
pilot studies by May 21, 2011.

ADDRESSES: See the ``Procedures for Filing Clarifying Questions'' 
section of this document.

FOR FURTHER INFORMATION CONTACT: Technical clarifications: Keri 
Spencer, Office of Airports Safety and Standards, Federal Aviation 
Administration, e-mail <a href="/cdn-cgi/l/email-protection#a2c9c7d0cb8cd1d2c7ccc1c7d0e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="d0bbb5a2b9fea3a0b5beb3b5a290b6b1b1feb7bfa6">[email protected]</span></a>
    Legal clarifications: Robert Hawks, Office of the Chief Counsel, 
Federal Aviation Administration, e-mail <a href="/cdn-cgi/l/email-protection#7a08151854121b0d11093a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="ea988588c4828b9d8199aa8c8b8bc48d859c">[email protected]</span></a>.
    Cost/benefit clarifications: Nicole Nance, Office of Aviation 
Policy and Plans, Federal Aviation Administration, e-mail 
<a href="/cdn-cgi/l/email-protection#d4babdb7bbb8b1fabab5bab7b194b2b5b5fab3bba2"><span class="__cf_email__" data-cfemail="96f8fff5f9faf3b8f8f7f8f5f3d6f0f7f7b8f1f9e0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2010, the FAA published Notice No. 10-14, entitled 
``Safety Management System for Certificated Airports'' (75 FR 62008). 
Comments to that document were to be received on or before January 5, 
2011. On December 10, 2010, in response to several requests for 
extension of the comment period, the FAA granted an additional 60 days 
for commenters to analyze the NPRM and provide meaningful comment (75 
FR 76928).
    By comments posted to the docket on February 17, 2011, Airport 
Council International--North America (ACI-NA) and the American 
Association of Airport Executives (AAAE) requested the FAA extend the 
comment period for a second time. ACI-NA and AAAE also requested the 
FAA provide additional information to allow for meaningful comment on 
the proposed rule. Specifically, ACI-NA made the following requests:
    (1) Additional information is needed regarding the FAA's proposed 
SMS implementation strategy, most notably what will be expected in the 
required SMS Implementation Plans.
    (2) Data, findings, and conclusion--both positive and negative--
from the three SMS pilot studies need to be made available in the 
docket so these findings and conclusions can inform the industry's 
review of the costs, benefits, and potential issues arising from the 
implementation of the proposed rule.
    (3) The proposed rule needs to be reviewed in conjunction with key 
guidance documents, especially the revised version of FAA Advisory 
Circular 150/5200-37. These documents, which are mentioned explicitly 
in the FAA's discussion of the proposed rule will describe the standard 
means of compliance with the proposed rule and are needed to understand 
the scope and scale of airport SMS requirements.
    (4) Additional time will be needed for technical analysis by 
commenters, including analyses of the costs and benefits of phased SMS 
implementation, an implementation approach on which the FAA has 
specifically requested comments.
    AAAE made the following requests:
    (1) We request that the FAA make results and recommendations from 
all three phases of the pilot studies available before closing the 
comment period.
    (2) The FAA is under a statutory deadline to implement the part 121 
SMS rule and has proposed a short time schedule for issuing its part 
139 training requirements. We request that the comment period remain 
open until the other regulatory documents have been issued in their 
final form.
    (3) The agency also has committed to issuing an advisory circular 
on implementation of SMS requirements. We request that the agency leave 
the comment period open on the proposed SMS rule until at least a draft 
of the advisory circular is issued. That way, respondents can comment 
on both documents simultaneously.

AAAE suggests the comment period remain open until at least September 
30, 2011.

FAA Response to the Requests

    The FAA has carefully considered the requests for extension of the 
comment period. The FAA believes that the narrative and analysis in the 
NPRM and Initial Regulatory Evaluation, which was made available in the 
docket concurrently with NPRM publication, contain sufficient detail 
and supporting data to permit meaningful comment by the public. The FAA 
also notes that it has received thoughtful comments from several 
airports, indicating that sufficient information currently exists in 
the docket to permit meaningful comment. However, the FAA acknowledges 
there is a belief among some members of the public that additional 
information may result in better comments. From the request submitted, 
it appears the bulk of this concern involves the FAA's implementation 
strategy for SMS and the results of the pilot study.
    To address this concern about insufficient information, the FAA has 
determined to pursue a combination of strategies. First, the FAA will 
accept and respond to specific clarifying questions submitted by the 
public. This strategy will allow the public to identify specific areas 
of the NPRM or Initial Regulatory Evaluation that are unclear or for 
which more information may be desired. The intent is that the public 
would be able to obtain specific information from the FAA, provided 
that information exists. The specific procedure is discussed in the

[[Page 12301]]

``Procedures for Filing Clarifying Questions'' section of this notice 
and permits a 30-day period for the public to submit questions, a 45-
day period for the FAA to respond to the questions, and a 45-day period 
for the public to review the information and submit comments to the 
proposed rule. Secondly, the FAA will prepare a summary report that 
will provide additional information on the implementation plan required 
under the proposal, a summary of findings and conclusions from the 
first two pilot studies, and a summary of findings and conclusions from 
the safety management systems proof of concept. The FAA anticipates 
making this report available in the docket by May 21, 2011. 
Additionally, the FAA is seeking permission from pilot study 
participants to place documents developed during those studies in the 
docket. Because those documents are the property of the pilot study 
participants and may contain confidential or proprietary information, 
the FAA will make available documents to the extent permitted and as 
soon as possible. The FAA believes these strategies respond to ACI's 
request (1), (2), and (4) and AAAE's request (1).
    In the NPRM, the FAA stated that it would develop and make 
available an AC on SMS prior to issuance of the final rule. The FAA 
currently is developing that document. The FAA also is conducting a 
third pilot study on the implementation of SMS, which began after the 
NPRM was published. The purpose of the pilot study and AC is to 
facilitate implementation of the proposed rule and to provide 
additional examples of how an airport could develop and implement its 
SMS. The AC likely will provide multiple means to comply with the 
regulation, some of which are outlined in the NPRM preamble, but the AC 
is not a substitute for the regulation nor does it provide the only 
means of compliance. Additionally, the FAA does not anticipate the AC 
will expand the ``scope and scale'' of SMS from what is discussed in 
the NPRM and Initial Regulatory Evaluation. The FAA also does not 
anticipate the third pilot study or AC would result in significant 
changes to the proposed rule. Of course, the FAA may change the rule 
after careful consideration of comments to the proposal.
    The FAA does not believe a draft AC is essential to understanding 
the proposed rule, especially in light of the opportunities for 
additional information discussed earlier. Consequently, the FAA has 
determined that holding the comment period open until publication of a 
draft AC does not add value to the rulemaking process. Nevertheless, 
the FAA intends, as it routinely does, to publish a draft AC in advance 
of publication of any final rule. There will be opportunity for the 
public to comment on that draft AC, for the FAA to carefully consider 
those comments, and for the FAA to respond to those comments either 
before or simultaneously with publication of a final rule. The FAA 
believes this answers ACI's request (3) and AAAE's request (3).
    The FAA acknowledges there are a variety of rulemaking initiatives 
currently in process, among them an NPRM for SMS for part 121 operators 
and an NPRM for part 139 safety enhancements. Although these 
rulemakings have some relationship to the airport SMS NPRM, they are 
separate rulemakings involving different issues and separate schedules. 
The FAA finds no merit, other than to delay FAA rulemaking efforts, to 
holding open the comment period on this rulemaking initiative until 
final rules are issued with respect to the other initiatives. The FAA 
believes this answers AAAE's request (2).

Extension of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed the petitions made by ACI-NA and AAAE 
for a second extension of the comment period to Notice No. 10-14.
    The FAA finds no merit to extending the comment period seven or 
more months, as requested by ACI-NA and AAAE. However, to accomplish 
the strategies for providing additional information to the public, the 
FAA has determined that an extension of 120 days is appropriate and 
sufficient. The FAA has determined the extension is consistent with the 
public interest, and that good cause exists for this action. Absent 
exceptional circumstances, the FAA does not anticipate any further 
extension of the comment period for this rulemaking.
    Accordingly, the comment period for Notice No. 10-14 is extended 
until July 5, 2011.

Procedures for Filing Clarifying Questions

    The following procedures are not a substitute for filing 
substantive questions and comments to the NPRM. The procedures for 
submitting those types of comments are discussed in the NPRM and 
repeated in the ``Additional Information'' section of this notice. 
Commenters should follow those procedures to file substantive comments 
by July 5, 2011.
    To submit a request to the FAA for clarification of the NPRM 
(Docket Number FAA-2010-0997), you must send your request using the 
following method by April 6, 2011. The FAA requests any clarifying 
questions address specific issues raised by the NPRM or Initial 
Regulatory Evaluation to permit meaningful FAA response.
    1. Post your request on the Federal eRulemaking Portal. To access 
this electronic docket, go to http://www.regulations.gov, enter the 
Docket Number FAA-2010-0997, and follow the directions for sending your 
request electronically.
    2. In addition to sending your request to the electronic docket, 
send a copy of the request via e-mail to the appropriate subject matter 
expert:
    <bullet> Technical clarifications: Keri Spencer, Office of Airports 
Safety and Standards, Federal Aviation Administration, e-mail 
<a href="/cdn-cgi/l/email-protection#aec5cbdcc780dddecbc0cdcbdceec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="345f51465d1a4744515a575146745255551a535b42">[email protected]</span></a>.
    <bullet> Legal clarifications: Robert Hawks, Office of the Chief 
Counsel, Federal Aviation Administration, e-mail <a href="/cdn-cgi/l/email-protection#05776a672b6d64726e76456364642b626a73"><span class="__cf_email__" data-cfemail="24564b460a4c45534f57644245450a434b52">[email protected]</span></a>.
    <bullet> Cost/benefit clarifications: Nicole Nance, Office of 
Aviation Policy and Plans, Federal Aviation Administration, e-mail 
<a href="/cdn-cgi/l/email-protection#127c7b717d7e773c7c737c7177527473733c757d64"><span class="__cf_email__" data-cfemail="5e30373d31323b70303f303d3b1e383f3f70393128">[email protected]</span></a>.
    The FAA will respond to all clarifying questions submitted by April 
6, 2011. The responses will be provided directly to you and posted in 
the rulemaking docket. The FAA expects to provide responses by May 21, 
2011.

Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposed 
rule. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. To ensure the docket does not contain duplicate 
comments, commenters should send only one copy of written comments, or 
if comments are filed electronically, commenters should submit only one 
time.
    You may send comments identified by docket number FAA-2010-0997 
using any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.

[[Page 12302]]

    <bullet> Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    <bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD ROM, mark the outside of the disk or CD ROM, and identify 
electronically within the disk or CD ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

    Issued in Washington, DC, on March 3, 2011.
Michael J. O'Donnell,
Director, Office of Airport Safety and Standards.
[FR Doc. 2011-5187 Filed 3-4-11; 8:45 am]
BILLING CODE 4910-13-P


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