Proposed Rule2021-17847
Safety Management System for Certificated Airports
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 24, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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; ensure consistency among various FAA SMS initiatives, and reduce the implementation burden.
Full Text
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<title>Federal Register, Volume 86 Issue 161 (Tuesday, August 24, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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;
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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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which you can review at <a href="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> 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
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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 <a href="http://www.regulations.gov">www.regulations.gov</a>;
2. Visiting the FAA's Regulations and Policies web page at
<a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>; or
3. Accessing the Government Publishing Office's web page at
<a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
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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