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

70911 

Vol. 88, No. 197 

Friday, October 13, 2023 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 3 

[Docket No.: FAA–2023–1194; Notice No. 

23–07] 

RIN 2120–AL85 

U.S. Agents for Service on Individuals 

With Foreign Addresses Who Hold or 

Apply for Certain Certificates, Ratings, 

or Authorizations; Reopening of 

Comment Period 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM); reopening of comment period. 

SUMMARY: This action extends the 

comment period for the NPRM 

published on June 12, 2023, titled ‘‘U.S. 

Agents for Service on Individuals with 

Foreign Addresses Who Hold or Apply 

for Certain Certificates, Ratings, or 

Authorizations.’’ The FAA is extending 

the comment period to allow 

commenters to review the Privacy 

Impact Assessment conducted by the 

Department of Transportation. 

DATES: The comment period for the 

NPRM published on June 12, 2023, at 88 

FR 38001, and closed on August 11, 

2023, is reopened until October 30, 

2023. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–1194 

using any of the following methods: 

• Federal eRulemaking Portal: Go to

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. 

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. 

Docket: Background documents or 

comments received may be read at 

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: 

Jessica Kabaz-Gomez, Office of the Chief 

Counsel, Enforcement Division, AGC– 

300, Federal Aviation Administration, 

800 Independence Avenue SW, 

Washington, DC 20591; (202) 267–7395; 

email Jessica.Kabaz-Gomez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Comments Invited

The FAA invites interested persons to

participate in this rulemaking by 

submitting written comments, data, or 

views relating to the Privacy Impact 

Assessment associated with this 

rulemaking. 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 submit only one 

time if comments are filed electronically 

or commenters should send only one 

copy of written comments if comments 

are filed in writing. 

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 FAA may change 

this proposal in light of the comments 

it receives. 

B. Confidential Business Information

Confidential Business Information

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to the person listed 

under the FOR FURTHER INFORMATION

CONTACT heading at the beginning of the 

preamble. Any commentary that the 

FAA receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

C. Availability of Rulemaking

Documents

An electronic copy of rulemaking 

documents may be obtained from the 

internet by— 

1. Searching the Federal eRulemaking

Portal at www.regulations.gov; 

2. Visiting the FAA’s Regulations and

Policies web page at www.faa.gov/ 

regulations_policies/; or 

3. Accessing the Government Printing

Office’s web page at www.GovInfo.com. 

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.


lotter on DSK11XQN23PROD with PROPOSALS1
70912 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 

1https://www.transportation.gov/individuals/ 

privacy/us-agents-service-individuals-foreignaddresses-who-hold-or-apply. 1 84 FR 5605. 

Background 

On June 12, 2023, the FAA published 

an NPRM titled ‘‘U.S. Agents for Service 

on Individuals with Foreign Addresses 

Who Hold or Apply for Certain 

Certificates, Ratings, or Authorizations,’’ 

in the Federal Register (88 FR 38001; 

Notice No. 23–07). Commenters were 

instructed to provide comments on or 

before August 11, 2023 (i.e., 60 days 

from the date of publication of the 

NPRM). 

Since publication, the FAA has 

received one request to extend the 

comment period to provide time to 

review the associated Privacy Impact 

Assessment that was not available at the 

time of publication. The Privacy Impact 

Assessment was completed on August 

23, 2023, and is publicly available on 

the website of the Department of 

Transportation 1 and is available on the 

docket for this rulemaking. 

Reopening of Comment Period 

The FAA partially grants the 

petitioners’ requests for an extension of 

the comment period to comment on the 

Privacy Impact Assessment. Under the 

circumstances, the FAA finds that an 

additional fifteen (15) days will provide 

sufficient opportunity for the public to 

comment. Therefore, the comment 

period for Notice No. 23–07 is reopened 

until October 30, 2023. 

The FAA will not grant any additional 

requests to further extend the comment 

period for this rulemaking. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC. 

Brandon Roberts, 

Executive Director, Office of Rulemaking, 

Federal Aviation Administration. 

[FR Doc. 2023–22635 Filed 10–12–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No.: FAA–2018–1052; Notice No. 

18–09] 

RIN 2120–AL10 

Foreign Civil Aviation Authority 

Certifying Statements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); withdrawal. 

SUMMARY: The FAA is withdrawing a 

previously published NPRM, 

‘‘Compliance with applicable 

regulations,’’ that proposed excluding 

its applicability to import products that 

have been type certificated outside of 

the United States by a foreign civil 

aviation authority bilateral partner. 

These products are validated by FAA 

consistent with the requirements in the 

rulemaking, ‘‘Issue of type certificate: 

import products.’’ The NPRM proposed 

to eliminate the requirement for 

redundant compliance statements by 

both the foreign civil aviation authority 

and the foreign applicant. 

DATES: As of October 13, 2023, the 

NPRM published on February 22, 2019, 

at 84 FR 5605 is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Steve Flanagan or Stephen Styskal, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone (202) 267–1602; 

email steve.flanagan@faa.gov; or 

telephone (206) 231–3144; email 

stephen.styskal@faa.gov (respectively). 

SUPPLEMENTARY INFORMATION: 

Background 

On February 22, 2019, the FAA 

published an NPRM titled ‘‘Foreign 

Civil Aviation Authority Certifying 

Statements’’ in the Federal Register.1 In 

the NPRM, the FAA proposed to revise 

§ 21.20, which imposes a requirement

on foreign applicants for type

certificates (TC) of import products.

Existing FAA regulations (i.e., § 21.20)

requires all applicants to show

compliance with all applicable

requirements and to provide the FAA

the means by which such compliance

has been shown and to provide a

statement certifying that the applicant

has complied with the applicable

requirements. The NPRM asserted that

these requirements may be duplicative

to the certifying statement that the FAA

already requires from the foreign civil

aviation authority (FCAA) of the

country or jurisdiction with State of

Design responsibility for the design

approval holder of a product. Under the

proposed rule, the FAA would no longer

have required the applicant to show

compliance, provide the means by

which compliance had been shown, or

the accompanying statement of

compliance from the foreign applicant.

The NPRM comment period closed on 

April 23, 2019. The FAA received four 

comments from individual commenters; 

two generally opposed the proposal and 

two are considered outside the scope of 

the proposed rulemaking. 

Withdrawal of the NPRM 

Section 21.20 was originally 

promulgated on October 6, 2009, 

(effective April 14, 2010) as part 21, 

amendment 21–92. The NPRM issued in 

2006 that originally proposed § 21.20 

(the ‘‘2006 NPRM’’) provided 

background on why the FAA was 

seeking to add § 21.20. In the 2006 

NPRM, the FAA stated that adding 

proposed § 21.20(a) would emphasize 

that the applicant is responsible for 

satisfying all applicable requirements by 

requiring an applicant for a TC (or an 

amended or supplemental type 

certificate (STC)) to show compliance 

with all applicable requirements and by 

providing the FAA the means by which 

such compliance has been shown. 

Further, § 21.20(b) requires the 

applicant to provide a statement 

certifying that the applicant has 

complied with the applicable 

requirements. The preamble to the 2006 

NPRM clarified that the statement of 

compliance would be subject to the then 

proposed § 21.2 changes related to 

fraudulent, intentionally false, or 

misleading statements. The 2006 NPRM 

did not recognize differences between 

domestic and foreign TC or STC 

applicants. The FAA has subsequently 

determined that the certifying statement 

by an applicant attesting to its 

compliance to the applicable 

requirements in accordance with 

§ 21.20(b) does not serve the same

purpose as a statement made by the

certifying authority as required by

§ 21.29(a). Requiring the domestic

applicant’s statement in § 21.20 affirms

that the applicant is responsible for

compliance with all applicable

requirements. The certifying statement

from the bilateral partner civil aviation

authority is what the FAA needs to

demonstrate that compliance with

§ 21.29 has been fulfilled. The two

certifying statements serve different 

purposes. 

As the FAA does with domestic 

applicants, the FAA expects that an 

FCAA works extensively with its 

applicants in developing the FCAA’s 

certifying statement. However, § 21.20 is 

intended to expedite the domestic 

applicant’s type certification approval 

process by ensuring that an applicant’s 

submission package is complete prior to 

the FAA making the compliance 

determination. The FAA finds it 

advantageous to retain the current rule 

to expedite certification approval and to 

ensure applicants demonstrate 

compliance according to the 

requirements of § 21.20. The FAA may 

deny, suspend or revoke a certificate if 

the applicant’s statement is fraudulent, 


lotter on DSK11XQN23PROD with PROPOSALS1