
[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Proposed Rules]
[Pages 68507-68509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21887]


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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); extension of comment 
period.

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SUMMARY: This action extends the comment period for the NPRM titled 
``Modernization of Special Airworthiness Certification,'' that was 
published on July 24, 2023. In that document, the FAA proposed to amend 
rules for the manufacture, certification, operation, maintenance, and 
alteration of light-sport aircraft. The proposed amendments would 
enable enhancements in safety and performance and would increase 
privileges under a number of sport pilot and light-sport aircraft 
rules. These enhancements include increasing suitability for flight 
training, limited aerial work, and personal travel. This proposed rule 
would expand what aircraft sport pilots may operate. The NPRM also 
proposed to amend the special purpose operations for restricted 
category aircraft; amend the duration, eligible purposes, and operating 
limitations for experimental aircraft; and add operating limitations 
applicable to experimental aircraft engaged in space support vehicle 
flights to codify statutory language. The FAA is extending the comment 
period for this NPRM to allow commenters additional time to analyze the 
proposed rule and prepare a response.

[[Page 68508]]


DATES: The comment period for the NPRM published on July 24, 2023, at 
88 FR 47650, and scheduled to close on October 23, 2023, is extended 
January 22, 2024.

ADDRESSES: Send comments identified by docket number FAA-2023-1377 
using any of the following methods:
     Federal eRulemaking Portal: Go to 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 20590-0001 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 regulations.gov, as described in the system of 
records notice (DOT/ALL-14 FDMS), which can be reviewed at dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
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 20590-0001, 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. The FAA also 
invites comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. Additionally, the FAA requests comment on whether the 
FAA should remove the definition of consensus standard from Sec.  1.1 
altogether or revise the definition as proposed. 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 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 identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. Any commentary 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 regulations.gov;
    2. Visiting the FAA's Regulations and Policies web page at faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's web page at 
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 the Federal Register (88 
FR 47650; Notice No. 23-10). In the NPRM, the FAA proposed to amend 
rules for the manufacture, certification, operation, maintenance, and 
alteration of light-sport aircraft. The proposed amendments would 
enable enhancements in safety and performance and would increase 
privileges under a number of sport pilot and light-sport aircraft 
rules. These enhancements include increasing suitability for flight 
training, limited aerial work, and personal travel. This proposed rule 
would expand what aircraft sport pilots may operate. The NPRM also 
proposed to amend the special purpose operations for restricted 
category aircraft; amend the duration, eligible purposes, and operating 
limitations for experimental aircraft; and add operating limitations 
applicable to experimental aircraft engaged in space support vehicle 
flights to codify statutory language. Commenters were instructed to 
provide comments on or before October 23, 2023 (i.e., 90 days from the 
date of publication of the NPRM).
    Since publication, the FAA received 10 comments from individuals 
requesting that comment period not be extended. The FAA has also 
received requests from Aircraft Electronics Association, Aeronautical 
Repair Station Association, Aviation Suppliers Association, Aviation 
Technician Education Council, Helicopter Association International, 
International Air Response, Inc., Modification and Replacement Parts 
Association, and the National Air Transportation Association to extend 
the comment period by an additional ninety (90) days. These

[[Page 68509]]

commenters requested more time to review the proposed rule and 
associated guidance documents, and to develop comments and 
recommendations.
    The FAA grants the requests for an extension of the comment period. 
While some commentators opposed extending the comment period, the FAA 
recognizes the importance of the proposed rule and that an extension 
would help commenters craft complete and thoughtful responses. With 
this extension, the comment period will now close on January 22, 2024. 
This will provide the public with a total of one hundred and eighty 
(180) 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 requests for an extension of the 
comment period for this notice. Those requesting an extension 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 ninety (90) days to 
January 22, 2024 is consistent with the public interest, and that good 
cause exists for taking this action.
    Accordingly, the comment period for Notice No. 23-10 is extended 
until January 22, 2024.
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a) and 
44703 in Washington, DC.

Lirio Liu,
Executive Director, Aircraft Certification Service.
[FR Doc. 2023-21887 Filed 10-3-23; 8:45 am]
BILLING CODE 4910-13-P


