36888 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Proposed Rules 

• Mail: U.S. Small Business 

Administration, Office of the General 

Counsel, 409 Third Street, SW., 

Washington, DC 20416. 

SBA will post comments on http:// 

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit the information to Martin 

S. Conrey, Assistant General Counsel for 

Legislation and Appropriations, Office 

of General Counsel, 409 Third Street, 

SW., Washington, DC 20416. Highlight 

the information that you consider to be 

CBI, and explain why you believe this 

information should be held confidential. 

SBA will review the information and 

make the final determination of whether 

it will publish the information. 

FOR FURTHER INFORMATION CONTACT: 

Martin S. Conrey, Assistant General 

Counsel for Legislation and 

Appropriations, Office of the General 

Counsel, 409 Third Street, SW., 

Washington, DC 20416; telephone 202– 

619–0638. 

SUPPLEMENTARY INFORMATION: On 

January 18, 2011, President Obama 

issued Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ The Executive Order requires 

Federal agencies to seek more 

affordable, less intrusive ways to 

achieve policy goals and give careful 

consideration to the benefits and costs 

of their regulations. The Executive 

Order also requires agencies to develop 

a preliminary plan for reviewing their 

regulations to determine, among other 

things, if they are outdated, ineffective, 

insufficient, or excessively burdensome 

on the public. On March 14, 2011, as 

part of SBA’s implementation of the 

Executive Order, the agency published a 

notice in the Federal Register soliciting 

comments to assist the agency in the 

development of the preliminary plan 

required by the Executive Order, and to 

identify whether any of SBA’s existing 

regulations should be modified, 

streamlined, expanded or repealed (76 

FR 13532). SBA received 11 comments 

in Regulations.gov from a mix of small 

business trade organizations, a small 

business owner, an SBA loan program 

participating lender, an advocacy and 

research organization, associations of 

research universities, and members of 

the general public. Those comments are 

summarized in the SBA’s Preliminary 

Plan for Retrospective Review of 

Existing Regulations (May 17, 2011), 

which is posted on the agency’s Open 

Government Web site at http:// 

www.sba.gov/content/sba-preliminaryplan-retrospective-analysis-existingrules). In addition to the Federal 

Register notice, SBA solicited ideas 

during the Small Business Jobs Act Tour 

(see http://www.sba.gov/jobsacttour) 

and the Startup America: Reducing 

Barriers roundtable events (see http:// 

www.sba.gov/content/startup-americareducing-barriers-roundtables.) 

Comments provided at these events will 

be considered in developing the final 

plan. 

To ensure that the plan meets the 

objectives of the Executive Order and to 

benefit from the expertise of interested 

members of the public, the SBA is now 

requesting public comments on this 

preliminary plan before finalizing it. To 

comment on the preliminary plan, visit 

http://www.regulations.gov and insert 

SBA–2011–0012 in the ‘‘Enter Keyword 

or ID’’ box. Once you are taken to the 

docket for the plan, click on the 

‘‘Submit a Comment’’ bubble to open 

the comment form. When providing 

input, the SBA requests that 

commenters provide as much detail as 

possible and provide empirical evidence 

and data to support responses. The SBA 

will consider the public comments in 

development of the agency’s final plan 

as well as the retrospective analysis of 

the rules. 

SBA notes that this Request for 

comments is issued solely for 

information and program-planning 

purposes. SBA will give careful 

consideration to the responses, and may 

use them as appropriate during the 

retrospective review, but we do not 

anticipate providing a point-by-point 

response to each comment submitted. 

While responses to this request for 

comments do not bind the Agency to 

any further actions related to the 

response, all submissions will be made 

publically available on http:// 

www.regulations.gov. 

Authority: 15 U.S.C. 5(b)(6), E.O. 13653, 

76 FR 3821. 

Dated: June 16, 2011. 

Michael A. Chodos, 

Deputy General Counsel. 

[FR Doc. 2011–15667 Filed 6–22–11; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 65, 119, 121, 135, and 142 

[Docket No. FAA–2008–0677; Notice No. 08– 

07A] 

RIN 2120–AJ00 

Qualification, Service, and Use of 

Crewmembers and Aircraft 

Dispatchers; Extension of Comment 

Period 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM); 

extension of comment period. 

SUMMARY: This action extends the 

comment period for an SNPRM that was 

published on May 20, 2011. In that 

document, the FAA proposed to amend 

the regulations for crewmember and 

aircraft dispatcher training programs in 

domestic, flag, and supplemental 

operations. This extension is a result of 

requests for extension of the comment 

period. One request for extension was 

from the Air Transport Association of 

America, Cargo Airline Association, Air 

Carrier Association of America, 

Regional Airline Association, National 

Air Carrier Association, Boeing 

Company, and Airbus Americas. The 

second request for extension was from 

the Air Line Pilots Association. The 

third request for extension was from the 

International Air Transport Association. 

DATES: The comment period for the 

SNPRM published on May 20, 2011, 

was scheduled to close on July 19, 2011, 

and is extended until September 19, 

2011. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2008–0677 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. 

• 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. 


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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Proposed Rules 36889 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or 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. 

FOR FURTHER INFORMATION CONTACT: For 

flightcrew member information contact 

James K. Sheppard, email: 

james.k.sheppard@faa.gov; for flight 

attendant information contact Nancy 

Lauck Claussen, email: 

Nancy.l.Claussen@faa.gov; and for 

aircraft dispatcher information contact 

Leo D. Hollis, email: 

Leo.d.Hollis@faa.gov; Air 

Transportation Division (AFS–200), 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8166. For legal questions, contact 

Anne Bechdolt, Office of Chief Counsel 

(AGC–200), Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC, 20591; 

email: Anne.Bechdolt@faa.gov; 

telephone 202–267–3073. 

SUPPLEMENTARY INFORMATION: 

See the ‘‘Additional Information’’ 

section for information on how to 

comment on this proposal and how the 

FAA will handle comments received. 

The ‘‘Additional Information’’ section 

also contains related information about 

the docket, privacy, the handling of 

proprietary or confidential business 

information. In addition, there is 

information on obtaining copies of 

related rulemaking documents. 

Background 

On May 20, 2011, the FAA published 

Notice No. 08–07A, Qualification, 

Service, and Use of Crewmembers and 

Aircraft Dispatchers (76 FR 29336). 

Comments to that document were to be 

received on or before July 19, 2011. 

In a letter dated May 25, 2011, the Air 

Transport Association of America, Cargo 

Airline Association, Air Carrier 

Association of America, Regional 

Airline Association, National Air Carrier 

Association, Boeing Company, and 

Airbus Americas requested a 180-day 

extension of the comment period. In a 

letter dated May 27, 2011, the Air Line 

Pilots Association requested a 60-day 

extension of the comment period. In 

addition, in an undated letter, the 

International Air Transport Association 

requested a 180-day extension of the 

comment period. The petitioners noted 

that the SNPRM and supporting 

documents are extensive. 

While the FAA concurs with the 

petitioners’ requests for an extension of 

the comment period on Notice No. 08– 

07A, it does not support a 180-day 

extension. The FAA finds that providing 

an additional 60 days is sufficient for 

these petitioners to analyze the SNPRM 

and supporting documents and provide 

meaningful comment to Notice No. 08– 

07A. 

The FAA does not anticipate any 

further extension of the comment period 

for this rulemaking. 

Extension of Comment Period 

In accordance with § 11.47(c) of title 

14, Code of Federal Regulations, the 

FAA has reviewed the petitions for 

extension of the comment period to 

Notice No. 08–07A. These petitioners 

have shown a substantive interest in the 

proposed rule and good cause for the 

extension. The FAA has determined that 

extension of the comment period is 

consistent with the public interest, and 

that good cause exists for taking this 

action. 

Accordingly, the comment period for 

Notice No. 08–07A is extended until 

September 19, 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 proposals in this document. 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. 

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), if 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. 


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36890 Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Proposed Rules 

Issued in Washington, DC, on June 17, 

2011. 

Dennis R. Pratte, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2011–15690 Filed 6–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2011–0628] 

Clarification of Prior Interpretations of 

the Seat Belt and Seating 

Requirements for General Aviation 

Flights 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed clarification 

of prior interpretations. 

SUMMARY: This action proposes to clarify 

prior interpretations of the seat belt and 

seating requirements of 14 CFR 

91.107(a)(3). These prior interpretations 

state that the shared use of a single 

restraint may be permissible. The 

proposed clarification states that the use 

of a seat belt and/or seat by more than 

one occupant is appropriate only if: The 

seat belt is approved and rated for such 

use; the structural strength requirements 

for the seat are not exceeded; and the 

seat usage conforms with the limitations 

contained in the approved portion of the 

Airplane Flight Manual. The proposed 

clarification also emphasizes that the 

proper restraint method for children 

during operations conducted under part 

91 relies on the good judgment of the 

pilot, who should be intimately aware of 

the capabilities and structural 

requirements of the aircraft that he or 

she is operating. 

DATES: Comments must be received on 

or before August 22, 2011. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2011–0628 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. 

• Mail: Send Comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: 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: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Alex 

Zektser, Attorney, Regulations Division, 

Office of Chief Counsel, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–3073; email: Alex.Zektser@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

submit written comments, data, or 

views concerning this proposal. 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, please send only 

one copy of written comments, or if you 

are filing comments electronically, 

please submit your comments only one 

time. 

The FAA will file in the docket all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposal. Before acting on this 

proposal, the FAA will consider all 

comments received on or before the 

closing date for comments and any latefiled comments if it is possible to do so 

without incurring expense or delay. The 

FAA may change this proposal in light 

of comments received. 

Availability of This Proposed 

Clarification of Prior Interpretations 

You can get an electronic copy using 

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. 

You can also get a copy 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. Make sure to 

identify the docket number or notice 

number of this proposal. 

Background 

On March 22, 2009, a Pilatus PC–12/ 

45 descended and impacted the ground 

near the approach end of a runway at 

Bert Mooney Airport in Butte, Montana. 

After investigating this incident, the 

National Transportation Safety Board 

(NTSB) determined the following. 

At the time of the impact, the Pilatus 

PC–12/45 airplane was operating as a 

personal flight under the provisions of 

14 CFR part 91. The pilot and the 13 

airplane passengers were killed, and the 

airplane was destroyed by impact forces 

and the postcrash fire. Among the 13 

passengers were six adults and seven 

children. Because the flight was a 

single-pilot operation, eight seats in the 

cabin and one seat in the cockpit were 

available to the 13 passengers. Thus, the 

number of passengers exceeded the 

number of available seats. The NTSB 

was unable to determine the original 

seating position for most of the 

occupants, but the bodies of four 

children, ages 3 to 9 years, were found 

farthest from the impact site, indicating 

that these children were likely thrown 

from the airplane because they were 

unrestrained or improperly restrained. 

The NTSB noted that if the accident had 

been less severe and the impact had 

been survivable, any unrestrained 

occupant or occupants sharing a single 

restraint system would have been at a 

much greater risk of injury or death. 

As a result of the March 22, 2009 

incident described above, the NTSB has 

requested that the FAA withdraw its 

prior interpretations of 14 CFR 

91.107(a)(3), which permit the shared 

use of a single restraint system. 

Discussion of the Proposal 

In response to the NTSB’s request, the 

FAA proposes to clarify its prior 

interpretations of 14 CFR 91.107(a)(3) as 

follows. 

For part 91 operations, section 

91.107(a)(3) requires that ‘‘each person 

on board a U.S. registered civil aircraft 

* * * must occupy an approved seat or 

berth with a safety belt and, if installed, 

shoulder harness, properly secured 

about him or her during movement on 

the surface, takeoff, and landing.’’ 

Children under the age of two may be 

held by an adult who is occupying an 

approved seat or berth and no 

restraining device for the child is used. 

In contrast, for commercial operations 

under part 121, section 121.311 requires 

that each person ‘‘occupy an approved 

seat or berth with a separate safety belt 

properly secured about him.’’ 

When § 121.311 and § 91.107 

(previously § 91.14) were first 

promulgated in 1971, the FAA clarified 

that the separate use provision for safety 

belts under part 121 was not intended 

to apply to part 91 operations. Rather, 

part 91 ‘‘requires only that each person 

on board occupy a seat or berth with a 

safety belt properly secured about him.’’ 

36 FR 12511 (July 1, 1971). The FAA 

has previously interpreted this 

provision as not requiring separate use 


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