[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 [www.gpo.gov]
[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:
     Federal eRulemaking Portal: Go to 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: 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
www.regulations.gov 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 [email protected].

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 www.regulations.gov;
    2. Visiting the FAA's Regulations and Policies web page at 
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's web page at 
www.GovInfo.com.
    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]
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