
[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32105-32106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13824]


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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: 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. After the comment period closed, the FAA became aware that 
the initial regulatory evaluation had not been posted to the rulemaking 
docket. This action reopens the comment period to allow the public to 
review and comment on that document, which is now in the docket.

DATES: The comment period for the NPRM published on February 1, 2011 
(76 FR 5510), closed on April 4, 2011, and was reopened (76 FR 20570) 
April 13, 2011, until May 13, 2011. This document reopens the comment 
period until July 5, 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

[[Page 32106]]

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 dockets, 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 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) 493-
4529; e-mail kenneth.langert@faa.gov.

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, 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 is now in the rulemaking docket. The FAA 
recognizes additional time is necessary to review and comment on the 
initial regulatory evaluation.

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 July 5, 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 
Notice No. 11-01. 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 Notice 
11-1, 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 Notice 11-01, 
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 May 25, 2011.
Michael J. O'Donnell,
Director of Airport Safety and Standards.
[FR Doc. 2011-13824 Filed 6-2-11; 8:45 am]
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