[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20570-20571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8838]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 139

[Docket No. FAA- 2010-0247; Notice No. 11-01]
RIN 2120-AJ70


Safety Enhancements, Certification of Airports; Reopening of 
Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); Reopening of comment 
period.

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SUMMARY: The FAA published a proposed rule on February 1, 2011, to 
establish minimum standards for training of personnel who access the 
airport non-movement area (ramp and apron) to help prevent accidents 
and incidents in that area. This proposal would require a certificate 
holder to conduct pavement surface evaluations to ensure reliability of 
runway surfaces in wet weather conditions. This proposed action would 
also require a Surface Movement Guidance Control System (SMGCS) plan if 
the certificate holder conducts low visibility operations, facilitating 
the safe movement of aircraft and vehicles in low visibility 
conditions. Finally, this proposal would clarify the applicability of 
part 139 and explicitly prohibit fraudulent or intentionally false 
statements in a certificate application or record required to be 
maintained. This action reopens the comment period.

DATES: The comment period for the NPRM published on February 1, 2011, 
(76 FR 5510) closed on April 4, 2011, and is reopened until May 13, 
2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0247 using any of the following methods:
     Federal eRulemaking Portal: Go to http://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: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    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 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: Kenneth Langert, AAS-300, Office of 
Airports, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591, telephone (202) 493-4529; e-mail 
[email protected].

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, and the 
handling of proprietary or confidential business information. In 
addition, there is information on obtaining copies of related 
rulemaking documents.

Background

    On February 1, 2011, the FAA issued Notice No. 11-01, entitled 
``Safety Enhancements Part 139, Certification of Airports'' [76 FR 
5510]. Comments to that document were to be received on or before April 
4, 2011.
    Historically, the FAA's Flight Standards Service (AFS) has approved 
airlines (via Operations Specifications) to depart at visibilities less 
than runway visual range (RVR) 1200 feet even in cases where the 
instrument approach procedures are published at landing visibilities 
above RVR 1200. These departure operations are routinely available 
where runway centerline lights and RVR equipment are installed.
    Recently, the FAA Office of Airports (ARP) learned that a number of 
airport operators may not be aware that low-visibility approaches and 
departures have been approved for their airport. Advisory Circular AC 
120-57A, Surface Movement Guidance and Control System (SMGCS) Plans, 
includes recommendations that airports should follow in low-visibility 
take-off operations or develop their own similar procedures. The 
proposed rule would require a SMGCS plan, similar to that described in 
AC-120-57A, for each certificate holder where departures below RVR 1200 
are authorized, as well as where approach minima less than RVR 1200 are 
published.
    The FAA would like to ensure all airports and industry associations 
are fully aware of both AC 120-57A and the proposed rule. For this 
reason, and in the interest of transparency, the FAA will notify, by 
letter, airports with

[[Page 20571]]

approved low-visibility departures. The reopening of the comment period 
will allow time for affected airports to receive notice from the FAA, 
review this NPRM, and adequately assess, prepare, and submit comments 
on the possible impact of this NPRM.

Reopening of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the FAA has determined that re-opening of the comment 
period is consistent with the public interest, and that good cause 
exists for taking this action. To accomplish the strategies for 
providing additional information to the public, the FAA has determined 
that re-opening the comment period is consistent with the public 
interest, and that good cause exists for this action. Absent unusual 
circumstances, the FAA does not anticipate any further extension of the 
comment period for this rulemaking.
    Accordingly, the comment period for Notice No. 11-01 is reopened 
until May 13, 2011.

Additional 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.
    Proprietary or Confidential Business Information: Do not file 
proprietary or confidential business information in the docket. Such 
information must be sent or delivered directly to the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document, and 
marked as proprietary or confidential. If submitting information on a 
disk or CD-ROM, mark the outside of the disk or CD-ROM, and identify 
electronically within the disk or CD-ROM the specific information that 
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    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 in Washington, DC, on April 7, 2011.
James R. White,
Deputy Director of Airport Safety and Standards.
[FR Doc. 2011-8838 Filed 4-12-11; 8:45 am]
BILLING CODE 4910-13-P