This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

14592 

Vol. 76, No. 52 

Thursday, March 17, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 21, 119, 121, 125, 135, 

141, 142, and 145 

[Docket No. FAA–2009–0671; Notice No. 09– 

06A] 

RIN 2120–AJ15 

Safety Management System; 

Withdrawal 

AGENCY: Federal Aviation 

Administration (FAA), DOT 

ACTION: Advance notice of proposed 

rulemaking (ANPRM); withdrawal. 

SUMMARY: The FAA is withdrawing a 

previously published advance notice of 

proposed rulemaking (ANPRM) that 

solicited public comment on a potential 

rulemaking requiring certain 14 Code of 

Federal Regulations (CFR) part 21, 119, 

121, 125 135, 141, 142, and 145 

certificate holders, product 

manufacturers, applicants, and 

employers (‘‘product/service providers’’) 

to develop a Safety Management System 

(SMS). The FAA is withdrawing the 

ANPRM because we have issued a 

notice of proposed rulemaking that 

would require certificate holders 

operating under 14 CFR part 121 to 

develop and implement an SMS. The 

FAA may initiate additional rulemaking 

in the future to consider SMS for other 

product/service providers. 

DATES: The advance notice of proposed 

rulemaking (ANPRM) published on July 

23, 2009 (74 FR 36414) is withdrawn as 

of March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, 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; e-mail: 

scott.vanburen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 23, 2009, the FAA published 

an advance notice of proposed 

rulemaking (ANPRM) (Notice No. 09– 

06, 74 FR 36414). The ANPRM solicited 

public comment on the appropriate 

scope and applicability of a potential 

rulemaking that would require air 

carriers, aircraft design and 

manufacturing organizations, and 

maintenance repair stations to develop 

an SMS that would provide the 

organization’s management with a set of 

robust decision-making tools to use to 

improve safety. The FAA received 89 

comments in response to the ANPRM. 

The comment period closed on October 

21, 2009. 

The Airline Safety and Federal 

Aviation Extension Act of 2010 (Pub. L. 

111–216) directed the FAA to issue an 

NPRM within 90 days of enactment of 

the Act, and a final rule by July 30, 

2012. The Act requires the FAA to 

develop and implement an SMS for all 

part 121 air carriers. The NPRM was 

published on November 5, 2010 (75 FR 

68224). 

The FAA also chartered the Safety 

Management System Aviation 

Rulemaking Committee (ARC) (Order 

No. 1110.152; February 12, 2009) to 

solicit recommendations from industry 

experts on the issue of SMS, including 

the ANPRM. On March 31, 2010, the 

ARC submitted its report to the FAA. 

As a result of the legislative mandate 

to issue a final rule implementing Safety 

Management Systems for part 121 air 

carriers by July 2012, the FAA has 

decided not to immediately address 

SMS for other product/service 

providers. The SMS ARC will complete 

its task with submittal of comments on 

the part 121 SMS rulemaking by the 

close of comment date, March 7, 2011. 

Further tasks of this ARC are not 

anticipated. However, the FAA 

reiterates its commitment to SMS and 

may decide to establish other advisory 

committees or industry panels in the 

future to provide recommendations that 

may lead to SMS rulemaking for other 

product/service providers. 

A copy of the Committee report, the 

NPRM and comments received thus far 

can be found in the docket for this 

rulemaking. 

Reason for Withdrawal 

The FAA is withdrawing Notice No. 

09–06 to redirect its resources to 

complete the SMS for part 121 final rule 

by the 24 month deadline of July 30, 

2012. Although the NPRM is limited to 

part 121 operators, the general 

requirements in our proposed part 5 

were designed so in the future, they 

could be adapted and applied to other 

FAA-regulated entities, such as part 135 

operators, part 145 repair stations, and 

part 21 aircraft design and 

manufacturing organizations. The FAA 

is committed to developing SMS where 

it will improve safety of aviation and 

aviation related activities. 

Conclusion 

Withdrawal of Notice No. 09–06 does 

not preclude the FAA from issuing 

another proposal on this subject in the 

future nor does it commit the agency to 

any future course of action. The public 

will be provided the opportunity for 

public comment on any future 

rulemaking through the notice and 

comment process. Therefore, the FAA 

withdraws Notice No. 09–06, published 

at 74 FR 36414 on July 23, 2009. 

Issued in Washington, DC, on March 11, 

2011. 

Margaret Gilligan, 

Associate Administrator for Aviation Safety. 

[FR Doc. 2011–6255 Filed 3–16–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 223 

RIN 1510–AB27 

Surety Companies Doing Business 

With the United States 

AGENCY: Financial Management Service, 

Fiscal Service, Treasury. 

ACTION: Notice of proposed rulemaking 

with request for comment. 

SUMMARY: The Department of the 

Treasury, Financial Management 

Service (Treasury), administers the 

Federal corporate surety program. 

Treasury issues certificates of authority 

to qualified sureties to underwrite and 

reinsure Federal bond obligations. We 

are proposing to amend our regulation 

to clarify the circumstances when an 

agency bond-approving official can 

decline to accept a bond underwritten 

by a Treasury-certified surety. We are 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1