[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47266-47268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17847]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 139

[Docket No.: FAA-2010-0997; Notice No. 16-04]
RIN 2120-AJ38


Safety Management System for Certificated Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: This action reopens the comment period for the Safety 
Management System for Certificated Airports SNPRM published July 14, 
2016. In the SNPRM, the FAA proposed to amend certain requirements 
included in the notice of proposed rulemaking published on October 7, 
2010. Most notably, the FAA revised the proposed applicability of the 
rule so that a Safety Management System (SMS) is only required for a 
certificated airport classified as a small, medium, or large hub 
airport in the National Plan of Integrated Airport Systems; serving 
international air traffic; or having more than 100,000 total annual 
operations. The FAA also proposed changes that would extend the 
implementation period from 18 to 24 months; require submission of an 
implementation plan within 12 months instead of 6 months of the 
effective date of the final rule; modify the training requirements;

[[Page 47267]]

ensure consistency among various FAA SMS initiatives, and reduce the 
implementation burden.

DATES: The comment period for the SNPRM published on July 14, 2016 (81 
FR 45872) closed on September 12, 2016, and is reopened until September 
23, 2021.

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.
    <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: 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 you can review at http://www.dot.gov/privacy.
    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 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: Brent Hart, ARM-200, Office of 
Rulemaking, Federal Aviation Administration, 800 Independence Avenue 
SW, Washington, DC 20591, telephone (202) 267-9677;email 
<a href="/cdn-cgi/l/email-protection#2c4e5e49425802444d5e586c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="b7d5c5d2d9c399dfd6c5c3f7d1d6d699d0d8c1">[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, the handling of 
proprietary or confidential business information. In addition, there is 
information on obtaining copies of related rulemaking documents.

Background

    On October 7, 2010, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) titled ``Safety Management System 
for Certificated Airports'' (75 FR 62008). The NPRM proposed to require 
all part 139 certificate holders to establish a Safety Management 
System (SMS) for the entire airfield environment, including movement 
and non-movement areas, to improve safety at airports hosting air 
carrier operations.
    While reviewing the comments on the NPRM, the FAA reevaluated 
whether requiring an SMS at all part 139 certificated airports was 
appropriate. As part of the re-evaluation, the FAA assessed various 
combinations of criteria that could trigger the requirement to 
implement SMS and to maximize safety benefits in the least burdensome 
manner.
    On July 14, 2016, the FAA published an SNPRM titled ``Safety 
Management System for Certificated Airports'' (81 FR 45872). The SNPRM 
revised the proposed triggers for implementing SMS and proposed the 
FAA's preferred alternative, which is to require SMS at airports that 
(a) are large, medium, or small hubs; (b) serve international air 
traffic; or (c) have more than 100,000 total annual operations. The FAA 
also revised the proposed implementation schedule to extend the 
implementation period from 18 months to 24 months and require the 
submission of an Implementation Plan within 12 months (instead of 6 
months) from the effective date of the rule. The SNPRM clarified the 
training requirements and revised certain definitions to ensure 
consistency--when deemed appropriate--among various FAA SMS 
initiatives.
    The SNPRM comment period closed on September 12, 2016. The FAA 
received 38 comments on the SNPRM. Although most commenters were 
certificate holders, some were air carriers, consultants, academia, and 
individuals. Additionally, the following industry associations 
submitted comments: Airlines for America, Airports Council 
International-North America, American Association of Airport 
Executives, Helicopter Association International, and the National 
Business Aviation Association. The comments primarily addressed the 
following areas of the proposal:
    <bullet> Applicability;
    <bullet> Implementation;
    <bullet> Non-movement area;
    <bullet> Data protection;
    <bullet> Safety reporting and interoperability;
    <bullet> Training and orientation;
    <bullet> Accountable executive;
    <bullet> Definitions; and
    <bullet> Miscellaneous topics.

Reopening of Comment Period

    As a result of the time that has passed since the close of the 
SNPRM comment period, the FAA has determined that it is appropriate to 
solicit comments on any new information or data that has come to light 
since the close of the comment period. Accordingly, the FAA is 
reopening the comment period for the SNPRM published at 81 FR 45872, 
for 30 days, until September 23, 2021 for the aforementioned limited 
purpose.
    The most helpful comments provide only data and information that 
was not previously submitted to the rulemaking docket, 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.

Additional Information

    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, 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.
    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 SNPRM 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 SNPRM, 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

[[Page 47268]]

confidential under the FOIA, and they will not be placed in the public 
docket of this SNPRM. Submissions containing CBI should be sent to 
James Schroeder, Airports Safety & Operations Division, AAS-300, Office 
of Airports, Federal Aviation Administration, 800 Independence Avenue 
SW, Washington, DC 20591-0001; email <a href="/cdn-cgi/l/email-protection#84cee5e9e1f7aad7e7ecf6ebe1e0e1f6c4e2e5e5aae3ebf2"><span class="__cf_email__" data-cfemail="4a002b272f396419292238252f2e2f380a2c2b2b642d253c">[email protected]</span></a>. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

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 Publishing Office's web page at 
www.GovInfo.gov.
    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 under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on August 13, 2021.
Timothy R. Adams,
Acting Executive Director, Office of Rulemaking.
[FR Doc. 2021-17847 Filed 8-23-21; 8:45 am]
BILLING CODE 4910-13-P


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