[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Proposed Rules]
[Pages 40648-40649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17293]


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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 Part 139, 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: This action reopens the comment period for an NPRM that was 
published on February 1, 2011. In that document, the FAA proposed 
several safety enhancements for airports. Recently, regulations.gov had 
a software upgrade which resulted in documents previously submitted to 
the docket that were not accessible as a result of the upgrade. This 
action reopens the comment period to allow the public additional time 
to review the initial regulatory evaluation.

DATES: The comment period for the NPRM published on February 1, 2011 
(76 FR 5510) and reopened (76 FR 20570) April 13, 2011, is reopened 
again until July 26, 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

[[Page 40649]]

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 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 Safety and Standards, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-
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). The comment period closed on April 4, 2011. On April 13, 2011, 
the FAA reopened the comment period for 30 days to allow additional 
opportunity to comment on the NPRM (76 FR 20570). The comment period 
then closed on May 13, 2011.
    During the comment period, several commenters stated the FAA's 
economic evaluation for this proposed rule was not available for review 
and comment. That document was placed in the docket and the comment 
period was again reopened to allow additional time to comment on the 
NPRM (76 FR 32106).
    On June 11, 2011, the Federal Docket Management System (FDMS.gov) 
version 3.5 was released and implemented. Shortly thereafter, we 
realized the new release had resulted in several (but not all) 
documents previously submitted to the docket were not accessible. 
Unfortunately, the regulatory evaluation for this rulemaking was one of 
those documents. That document is now accessible. The FAA believes 
additional time should be allowed to comment on the regulatory document 
commensurate with the amount of time the document was not accessible.

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. 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. 11-1 is reopened 
until July 26, 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 July 1, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011-17293 Filed 7-8-11; 8:45 am]
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