12300 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules 

That airspace extending upward from 700 

feet above the surface within a 7.4-mile 

radius of the Orangeburg Municipal Airport. 

Issued in College Park, Georgia, on 

February 18, 2011. 

Mark D. Ward, 

Group Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2011–5096 Filed 3–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 nonmovement 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 

keri.spencer@faa.gov 

Legal clarifications: Robert Hawks, 

Office of the Chief Counsel, Federal 

Aviation Administration, e-mail 

rob.hawks@faa.gov. 

Cost/benefit clarifications: Nicole 

Nance, Office of Aviation Policy and 

Plans, Federal Aviation Administration, 

e-mail nicole.nance@faa.gov. 

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 

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Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules 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 § 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: 

• Technical clarifications: Keri 

Spencer, Office of Airports Safety and 

Standards, Federal Aviation 

Administration, e-mail 

keri.spencer@faa.gov. 

• Legal clarifications: Robert Hawks, 

Office of the Chief Counsel, Federal 

Aviation Administration, e-mail 

rob.hawks@faa.gov. 

• Cost/benefit clarifications: Nicole 

Nance, Office of Aviation Policy and 

Plans, Federal Aviation Administration, 

e-mail nicole.nance@faa.gov. 

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: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

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12302 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Proposed Rules 

• 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. 

• 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. 

• 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR part 52 

[EPA–R05–OAR–2010–0034; FRL–9276–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Missouri; Saint Louis Nonattainment 

Area; Determination of Attainment of 

the Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Saint Louis PM2.5

nonattainment area in Illinois and 

Missouri has attained the 1997 annual 

fine particle (PM2.5) National Ambient 

Air Quality Standard (NAAQS). This 

proposed determination of attainment is 

based upon complete, quality assured, 

quality controlled, and certified ambient 

air monitoring data, from the 2007–2009 

monitoring period, which show that the 

Saint Louis area has monitored 

attainment of the 1997 annual PM2.5

NAAQS. EPA also evaluated incomplete 

data from this period from other 

monitors in the area, as well as 

preliminary data available to date for 

2010. EPA believes these data support 

the determination that the area has 

attained the 1997 annual PM2.5 NAAQS. 

If this proposed determination is made 

final, the requirements for this area to 

submit an attainment demonstration, 

associated reasonably available control 

measures (RACM) to include reasonably 

available control technology (RACT), a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans 

(SIPs) revisions related to attainment of 

the 1997 annual PM2.5 NAAQS shall be 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. 

EPA’s determination that this area has 

attained the 1997 annual PM2.5 NAAQS 

is not equivalent to redesignating the 

area to attainment. This action does not 

constitute a redesignation to attainment 

under section 107(d)(3) of the Clean Air 

Act (CAA) because the States of 

Missouri and Illinois have not yet 

submitted, and EPA has not yet 

approved, a maintenance plan for the 

area as required under that section and 

section 175A of the Act, nor has EPA 

promulgated a determination that the 

area has met other requirements for 

redesignation. The designation status of 

the area will remain nonattainment for 

the 1997 annual PM2.5 NAAQS until 

such time as EPA determines that this 

area meets the CAA requirements for 

redesignation to attainment. 

DATES: Comments must be received on 

or before April 6, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0034, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0034. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

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