[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Proposed Rules]
[Pages 8559-8560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02545]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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  Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / 
Proposed Rules  

[[Page 8559]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 21, 22, 36, 43, 45, 61, 65, 91, and 119

[Docket No.: FAA-2023-1377; Notice No. 23-10]
RIN 2120-AL50


Modernization of Special Airworthiness Certification

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

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

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SUMMARY: This action extends the comment period for the NPRM published 
on July 24, 2024, titled ``Modernization of Special Airworthiness 
Certification.'' The FAA is extending the comment period to allow 
commenters to review and comment on a Memorandum to the Docket that the 
FAA posted to the docket (FAA-2023-1377-1343) on February 1, 2024, 
regarding an ex parte communication between the FAA and representatives 
of ASTM International regarding the NPRM.

DATES: The comment period for the NPRM published on July 24, 2023, at 
88 FR 47650 and extended on October 4, 2023, at 88 FR 68507, and closed 
on January 22, 2024, is reopened until March 11, 2024.

ADDRESSES: Send comments identified by docket number FAA-2023-1377 
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 James Newberger, Aircraft Certification Service 
(AIR-632), Federal Aviation Administration, 800 Independence Ave. SW, 
Washington, DC 20591, telephone (202) 267-1636; 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. To ensure 
the docket does not contain duplicate comments, commenters should 
submit only one time if comments are filed electronically or commenters 
should send only one copy of written comments if comments are filed in 
writing.
    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 FAA may change this proposal in light 
of the comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person listed under the FOR FURTHER 
INFORMATION CONTACT heading at the beginning of the preamble. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

C. 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) 267-9680. 
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.

Background

    On July 24, 2023, the FAA published an NPRM titled ``Modernization 
of Special Airworthiness Certification'' in

[[Page 8560]]

the Federal Register (88 FR 47650; Notice No. 23-10). Commenters were 
instructed to provide comments on or before October 23, 2023 (i.e., 90 
days from the date of publication of the NPRM). However, based on 
numerous requests to extend the comment period, the FAA extended the 
comment period on October 4, 2023 (88 FR 68507) to January 22, 2024 
(i.e., an additional 90 days for a total of 180 days from the date of 
publication of the NPRM).
    Throughout the comment period, the rulemaking team assigned to this 
rulemaking project met to discuss the comments received. At a recent 
meeting of the rulemaking team, the FAA became aware of a conversation 
that was held between one of the members of the team and members of 
ASTM International (``ASTM'') regarding the contents of the NPRM during 
the ASTM International Fall Committee Week at a meeting of the ASTM 
International, Committee F37 on Light-Sport Aircraft. At the time, that 
team member recommended that the members of ASTM Committee F37 submit 
their comments to the docket. In the interest of transparency, the FAA 
is taking two steps. First, a Memorandum to the Docket (the 
``Memorandum'') summarizing the conversation between ASTM Committee F37 
and the FAA has been placed on the docket as of February 1, 2024. 
Second, the FAA is reopening the comment period for thirty (30) days to 
allow the public an opportunity to review the contents of the 
Memorandum and an opportunity to respond if desired. Commenters should 
limit comments during this extension to the contents of the Memorandum.

Reopening of Comment Period

    Under the above circumstances, the FAA finds that an additional 
thirty (30) days will provide sufficient opportunity for the public to 
comment on the Memorandum. Therefore, the comment period for Notice No. 
23-10 is reopened until March 11, 2024.
    The FAA will not extend the comment period for this rulemaking 
further.
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 
44703 in Washington, DC.

Brandon Roberts,
Executive Director, Office of Rulemaking, Federal Aviation 
Administration.
[FR Doc. 2024-02545 Filed 2-7-24; 8:45 am]
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