[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Proposed Rules]
[Pages 5296-5298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2049]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 5 and 119

[Docket No. FAA-2009-0671; Notice No. 10-15]
RIN 2120-AJ86


Safety Management System for Part 121 Certificate Holders; 
Extension of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); Extension of comment 
period.

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SUMMARY: This action extends the comment period for an NPRM that was 
published on November 5, 2010. In that document, the FAA proposed to 
require each certificate holder operating under 14 CFR part 121 to 
develop and implement a safety management system (SMS) to improve its 
aviation related activities. Several trade and membership organizations 
representing various aviation industry segments have requested that the 
FAA extend the comment period closing date to allow time to adequately 
analyze the NPRM and prepare comments.

DATES: The comment period for the NPRM published on November 5, 2010, 
closing on February 3, 2011, is extended until March 7, 2011.

ADDRESSES: 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 5297]]

    <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.
    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 dockets, 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 go 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.

FOR FURTHER INFORMATION CONTACT: Sean Denniston, ARM-200, Office of 
Rulemaking, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591, telephone (202) 267-3380; facsimile (202) 
267-5075, e-mail <a href="/cdn-cgi/l/email-protection#7f0c1a1e11511b1a1111160c0b10113f191e1e51181009"><span class="__cf_email__" data-cfemail="ddaeb8bcb3f3b9b8b3b3b4aea9b2b39dbbbcbcf3bab2ab">[email protected]</span></a>.

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, and the 
handling of proprietary or confidential business information. In 
addition, there is information on obtaining copies of related 
rulemaking documents.

Background

    On November 5, 2010, the FAA published Notice No. 10-15, entitled 
``Safety Management Systems for Part 121 Certificate Holders'' (75 FR 
68224). Comments to that document were to be received on or before 
February 3, 2011.
    In a letter dated January 14, 2011 the Aeronautical Repair Station 
Association, Aircraft Electronics Association, Aircraft Owners and 
Pilots Association, Aviation Suppliers Association, Experimental 
Aircraft Association, Modification and Replacement Parts Association, 
National Air Transportation Association, and the National Business 
Aircraft Association requested that the FAA extend the comment period 
for Notice No. 10-15 for 90 days. The petitioners requested the 
extension to allow time to adequately assess the impact of the NPRM and 
prepare comments.
    While the FAA concurs with the petitioners' requests for an 
extension of the comment period on Notice No. 10-15, it does not 
support a 90-day extension. The FAA finds that providing an additional 
30 days is sufficient for commenters to analyze the NPRM and provide 
meaningful comment to Notice No. 10-15. The Airline Safety and Federal 
Aviation Extension Act of 2010 (Pub. L. 111-216) directs the FAA to 
issue an SMS for part 121 final rule by July 30, 2012. In order to 
fulfill the final rule requirement of Public Law 111-216, the FAA is 
working on an accelerated schedule to complete the SMS for part 121 
final rule.
    Absent unusual circumstances, the FAA does not anticipate any 
further extension of the comment period for this rulemaking.

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 the 
Aeronautical Repair Station Association, Aircraft Electronics 
Association, Aircraft Owners and Pilots Association, Aviation Suppliers 
Association, Experimental Aircraft Association, Modification and 
Replacement Parts Association, National Air Transportation Association, 
and the National Business Aircraft Association for extension of the 
comment period to Notice No. 10-15. 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. 10-15 is extended 
until March 7, 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), 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--

[[Page 5298]]

    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 January 26, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011-2049 Filed 1-28-11; 8:45 am]
BILLING CODE 4910-13-P


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