[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Page 14592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6255]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / 
Proposed Rules  

[[Page 14592]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 119, 121, 125, 135, 141, 142, and 145

[Docket No. FAA-2009-0671; Notice No. 09-06A]
RIN 2120-AJ15


Safety Management System; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Advance notice of proposed rulemaking (ANPRM); withdrawal.

-----------------------------------------------------------------------

SUMMARY: The FAA is withdrawing a previously published advance notice 
of proposed rulemaking (ANPRM) that solicited public comment on a 
potential rulemaking requiring certain 14 Code of Federal Regulations 
(CFR) part 21, 119, 121, 125 135, 141, 142, and 145 certificate 
holders, product manufacturers, applicants, and employers (``product/
service providers'') to develop a Safety Management System (SMS). The 
FAA is withdrawing the ANPRM because we have issued a notice of 
proposed rulemaking that would require certificate holders operating 
under 14 CFR part 121 to develop and implement an SMS. The FAA may 
initiate additional rulemaking in the future to consider SMS for other 
product/service providers.

DATES: The advance notice of proposed rulemaking (ANPRM) published on 
July 23, 2009 (74 FR 36414) is withdrawn as of March 17, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Scott Van Buren, Chief System Engineer for 
Aviation Safety, Office of Accident Investigation and Prevention (AVP), 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 494-8417; facsimile: (202) 267-
3992; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 23, 2009, the FAA published an advance notice of proposed 
rulemaking (ANPRM) (Notice No. 09-06, 74 FR 36414). The ANPRM solicited 
public comment on the appropriate scope and applicability of a 
potential rulemaking that would require air carriers, aircraft design 
and manufacturing organizations, and maintenance repair stations to 
develop an SMS that would provide the organization's management with a 
set of robust decision-making tools to use to improve safety. The FAA 
received 89 comments in response to the ANPRM. The comment period 
closed on October 21, 2009.
    The Airline Safety and Federal Aviation Extension Act of 2010 (Pub. 
L. 111-216) directed the FAA to issue an NPRM within 90 days of 
enactment of the Act, and a final rule by July 30, 2012. The Act 
requires the FAA to develop and implement an SMS for all part 121 air 
carriers. The NPRM was published on November 5, 2010 (75 FR 68224).
    The FAA also chartered the Safety Management System Aviation 
Rulemaking Committee (ARC) (Order No. 1110.152; February 12, 2009) to 
solicit recommendations from industry experts on the issue of SMS, 
including the ANPRM. On March 31, 2010, the ARC submitted its report to 
the FAA.
    As a result of the legislative mandate to issue a final rule 
implementing Safety Management Systems for part 121 air carriers by 
July 2012, the FAA has decided not to immediately address SMS for other 
product/service providers. The SMS ARC will complete its task with 
submittal of comments on the part 121 SMS rulemaking by the close of 
comment date, March 7, 2011. Further tasks of this ARC are not 
anticipated. However, the FAA reiterates its commitment to SMS and may 
decide to establish other advisory committees or industry panels in the 
future to provide recommendations that may lead to SMS rulemaking for 
other product/service providers.
    A copy of the Committee report, the NPRM and comments received thus 
far can be found in the docket for this rulemaking.

Reason for Withdrawal

    The FAA is withdrawing Notice No. 09-06 to redirect its resources 
to complete the SMS for part 121 final rule by the 24 month deadline of 
July 30, 2012. Although the NPRM is limited to part 121 operators, the 
general requirements in our proposed part 5 were designed so in the 
future, they could be adapted and applied to other FAA-regulated 
entities, such as part 135 operators, part 145 repair stations, and 
part 21 aircraft design and manufacturing organizations. The FAA is 
committed to developing SMS where it will improve safety of aviation 
and aviation related activities.

Conclusion

    Withdrawal of Notice No. 09-06 does not preclude the FAA from 
issuing another proposal on this subject in the future nor does it 
commit the agency to any future course of action. The public will be 
provided the opportunity for public comment on any future rulemaking 
through the notice and comment process. Therefore, the FAA withdraws 
Notice No. 09-06, published at 74 FR 36414 on July 23, 2009.

    Issued in Washington, DC, on March 11, 2011.
Margaret Gilligan,
Associate Administrator for Aviation Safety.
[FR Doc. 2011-6255 Filed 3-16-11; 8:45 am]
BILLING CODE 4910-13-P