Proposed Rule2023-01788
Safety Management Systems
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
January 30, 2023
Effective
January 11, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action extends the comment period for an NPRM titled "Safety Management Systems" that was published on January 11, 2023. In that document, the FAA proposed to update and expand the requirements for safety management systems (SMS) and require certain certificate holders and commercial air tour operators to develop and implement an SMS. The FAA is extending the comment period closing date to allow commenters additional time to analyze the proposed rule and prepare a response.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5812-5814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01788]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 5, 21, 91, 119, 121, and 135
[Docket No.: FAA-2021-0419; Notice No. 23-05]
RIN 2120-AL60
Safety Management Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 5813]]
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.
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SUMMARY: This action extends the comment period for an NPRM titled
``Safety Management Systems'' that was published on January 11, 2023.
In that document, the FAA proposed to update and expand the
requirements for safety management systems (SMS) and require certain
certificate holders and commercial air tour operators to develop and
implement an SMS. The FAA is extending the comment period closing date
to allow commenters additional time to analyze the proposed rule and
prepare a response.
DATES: The comment period for the NPRM published on January 11, 2023 at
88 FR 1932, and scheduled to close on March 13, 2023, is extended until
April 11, 2023.
ADDRESSES: Send comments identified by docket number FAA-2021-0419
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">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 can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">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: For technical questions concerning
this action, contact Scott Van Buren, Office of Accident Investigation
and Prevention, AVP-4, Federal Aviation Administration, 800
Independence Avenue SW, Room 300 East, Washington, DC 20591, telephone
(202) 494-8417; email <a href="/cdn-cgi/l/email-protection#86d5e5e9f2f2a8d0e7e8c4f3f4e3e8c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="5407373b20207a02353a162126313a143235357a333b22">[email protected]</span></a>.
SUPPLEMENTARY 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.
B. 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 Printing Office's web page at
<a href="http://www.GovInfo.com">www.GovInfo.com</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) 267-9677.
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.
Background
On January 11, 2023, the FAA published an NPRM titled ``Safety
Management Systems'' in the Federal Register (88 FR 1932; Notice No.
23-05). In the NPRM, the FAA proposes to update and expand the
requirements for safety management systems (SMS) and require certain
certificate holders and commercial air tour operators to develop and
implement an SMS. The proposed rule would extend the requirement for an
SMS to all certificate holders operating under the rules for commuter
and on-demand operations, commercial air tour operators, production
certificate (PC) holders that are holders or licensees of a type
certificate (TC) for the same product, and holders of a TC who license
that TC for production. The proposed rule is intended to improve
aviation safety by requiring organizations to implement a proactive
approach to managing safety. Commenters were instructed to provide
comments on or before March 13, 2023 (i.e., 60 days from the date of
publication of the NPRM).
Since publication, the FAA has received two requests to extend the
comment period by an additional sixty (60) days and a third request for
an extension of an additional ninety (90) days. The commenters
requested more time to review the proposed rule and develop comments
and recommendations.
The FAA grants the petitioners' request for an extension of the
comment period. The FAA recognizes the importance of the proposed rule
and that an extension would help commenters craft complete and
thoughtful responses. However, the FAA believes that an additional
thirty (30) days provides sufficient opportunity to review the NPRM and
provide comments. With this extension, the comment period will now
close on April 11, 2023. This will provide the public with a total of
ninety (90) days to conduct its review and submit comments to the
docket.
The FAA will not grant any additional requests to further extend
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 for extension of the
comment period for this notice. The petitioners have shown a
substantive interest in the proposed policy and good cause for the
extension of the comment period. The FAA has determined that an
extension of the comment period for an additional thirty
[[Page 5814]]
(30) days to April 11, 2023 is consistent with the public interest, and
that good cause exists for taking this action.
Accordingly, the comment period for Notice No. 23-05 is extended
until April 11, 2023.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Kimberly R. Pyle,
Executive Director, Office of Accident Investigation and Prevention,
Federal Aviation Administration.
[FR Doc. 2023-01788 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P
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