59480 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 23, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18567 Filed 8–28–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 110 

[Docket No. FAA–2023–1857] 

RIN 2120–ZA32 

Revisions to the Regulatory Definitions 

of ‘‘On-Demand Operation’’, 

‘‘Supplemental Operation’’ and 

‘‘Scheduled Operation’’ 

AGENCY: Department of Transportation 

(DOT), Federal Aviation Administration 

(FAA). 

ACTION: Request for comments. 

SUMMARY: This document alerts the 

public that the FAA intends to initiate 

a rulemaking to address the exception 

from FAA’s domestic, flag, and 

supplemental operations regulations for 

public charter operators. To inform this 

effort, the FAA seeks public comment, 

data, and other information regarding 

current and planned public charter 

flights operated under on-demand rules 

that appear indistinguishable from 

flights conducted by air carriers as 

supplemental or domestic operations. 

The FAA will review comments 

received in response to this document to 

evaluate the need for and, if necessary, 

scope of any rulemaking. 

DATES: Send comments on or before 

October 13, 2023. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–1857 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• 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. 

Docket: Background documents or 

comments received may be read at 

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

Follow the online instructions for 

accessing the docket or go to the 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: 

Jackie Clow, Aviation Safety Inspector, 

Air Transportation Division, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8166; email: 

jackie.a.clow@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

provide comments, written data, views, 

or arguments relating to this document. 

Send your comments to an address 

listed under the ADDRESSES section. The 

FAA will consider comments received 

on or before the closing date. All 

comments received will be available in 

the docket for examination by interested 

persons. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. You may review 

DOT’s complete Privacy Act Statement 

in the Federal Register published on 

April 11, 2000, see 65 FR 19477, or you 

may visit https://www.regulations.gov. 

Background 

Title 14 CFR part 380 is an economic 

regulation administered by the 

Department of Transportation. 

Currently, under 14 CFR 110.2 of FAA’s 

safety regulations, public charters 

operated under the terms of 14 CFR part 

380 may be conducted as ‘‘on-demand 

operations’’ if the aircraft operator is 

using airplanes, including turbo-jet 

powered airplanes, with 30 or fewer 

passenger seats. On-demand operations 

must be conducted under the operating 

rules in 14 CFR part 135. See, 14 CFR 

119.21(a)(5) and 135.1(a)(1). Similarly, 

public charter operations are excepted 

from the § 110.2 definition of 

‘‘scheduled operation’’ and are included 

in the definition of ‘‘supplemental 

operation’’ regardless of whether such 

operator offers in advance to the public 

the departure location, departure time, 

and arrival location of the flight. But for 

the part 380 exceptions in § 110.2, 

public charter operators would be 

required to comply with the operating 

rules applicable to their operations 

based on the same criteria as all other 

air carriers and commercial operators, 

i.e., 14 CFR part 121. 

The FAA intends to initiate a 

rulemaking to amend title 14, Code of 

Federal Regulations (14 CFR), part 110 

to address these public charter 

operations that, in light of recent highvolume operations, appear to be offered 

to the public as essentially 

indistinguishable from flights 

conducted by air carriers as 

supplemental or domestic operations 

under 14 CFR part 121. Specifically, the 

size, scope, frequency, and complexity 

of charter operations conducted as ‘‘ondemand’’ operations under the part 135 

operating rules has grown significantly 

over the past 10 years. While the FAA 

has adjusted its oversight of these 

increased operations, the FAA is 

considering whether a regulatory change 

may be appropriate to ensure the 

management of the level of safety 

necessary for those operations. 

The FAA is considering issuing a 

notice of proposed rulemaking that will 

seek comment on removing the 

exceptions for part 380 public charter 

operators from the definitions in 14 CFR 

110.2 and delink FAA’s safety 

regulations from DOT’s economic 

regulations. If the FAA were to remove 

the exceptions, operators would then 

conduct public charter flights under the 

operating part applicable to their 

operation based on the same criteria that 

apply to all other non-part 380 

operators, including the size and 

complexity of aircraft they operate and 

the frequency of flights. 

Were FAA to amend its regulatory 

framework, some operators conducting 

public charter operations would need to 

transition from operating under part 135 

to part 121. This transition may require 

affected operators to adjust their service 

models. As such, this document solicits 

comment, data, and other information 

regarding: the effects of any removal of 

the part 380 exception (including any 

effect on service to small and 

underserved communities); potential 

impacts on competition, innovation, 

and emerging technologies; alternative 

regulatory structures that could apply to 

the provision of commercial passenger 

services under a regime other than part 

121 or part 135; if FAA were to adopt 

a rule, the reasonable period of time 

needed to allow affected operators to 

obtain appropriate certificates and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 59481 

authorizations to transition their 

operations to the applicable operating 

parts of 14 CFR; and any additional 

topics interested parties believe should 

be considered. 

The FAA will review all comments 

submitted to inform its planned 

rulemaking. 

Issued on August 24, 2023. 

David H. Boulter, 

Acting Associate Administrator, Aviation 

Safety, Federal Aviation Administration. 

[FR Doc. 2023–18615 Filed 8–28–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1120 

[Docket No. FDA–2013–N–0227] 

RIN 0910–AH91 

Proposed Requirements for Tobacco 

Product Manufacturing Practice; 

Extension of Comment Period 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Food and Drug 

Administration (FDA or the Agency) is 

extending the comment period for the 

proposed rule entitled ‘‘Requirements 

for Tobacco Product Manufacturing 

Practice’’ published in the Federal 

Register of March 10, 2023, by 30 days. 

The Agency is taking this action in 

response to a request for an extension to 

allow interested persons additional time 

to submit comments. 

DATES: FDA is extending the comment 

period on the proposed rule published 

March 10, 2023 (88 FR 15174), by 30 

days. Either electronic or written 

comments must be submitted by 

October 6, 2023. 

ADDRESSES: You may submit comments 

as follows. Please note that late, 

untimely filed comments will not be 

considered. The https://

www.regulations.gov electronic filing 

system will accept comments until 

11:59 p.m. Eastern Time at the end of 

October 6, 2023. Comments received by 

mail/hand delivery/courier (for written/ 

paper submissions) will be considered 

timely if they are received on or before 

that date. 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2013–N–0227 for ‘‘Requirements for 

Tobacco Product Manufacturing 

Practice.’’ Received comments, those 

filed in a timely manner (see 

ADDRESSES), will be placed in the docket 

and, except for those submitted as 

‘‘Confidential Submissions,’’ publicly 

viewable at https://www.regulations.gov 

or at the Dockets Management Staff 

between 9 a.m. and 4 p.m., Monday 

through Friday, 240–402–7500. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ The 

Agency will review this copy, including 

the claimed confidential information, in 

its consideration of comments. The 

second copy, which will have the 

claimed confidential information 

redacted/blacked out, will be available 

for public viewing and posted on 

https://www.regulations.gov. Submit 

both copies to the Dockets Management 

Staff. If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Brenner, Center for Tobacco 

Products, Food and Drug 

Administration, Document Control 

Center, 10903 New Hampshire Ave., 

Bldg. 71, Rm. G335, Silver Spring, MD 

20993, 877–287–1373, 

AskCTPRegulations@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of March 10, 2023 (88 

FR 15174), FDA published a proposed 

rule entitled ‘‘Requirements for Tobacco 

Product Manufacturing Practice.’’ The 

proposed rule provided a 180-day 

period for submission of public 

comments. 

The Agency has received a request for 

an extension of the comment period for 

the proposed rule. The request 

conveyed concern that the comment 

period does not allow sufficient time to 

develop a meaningful or thoughtful 

response to the proposed rule. 

FDA has considered the request and 

is extending the comment period for the 

proposed rule for 30 days, until October 

6, 2023. FDA believes this extension is 

appropriate because of the complexity 

of the material being posted. The 

Agency believes that a 30-day extension 

allows adequate time for interested 

persons to submit comments. 


ddrumheller on DSK120RN23PROD with PROPOSALS1