[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Proposed Rules]
[Page 38541-38542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-20]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 121, and 129
[Docket No. FAA-2005-21693; Notice No. 05-11]
RIN 2120-AI32
Damage Tolerance Data for Repairs and Alterations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.
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SUMMARY: This action extends the comment period for an NPRM that was
published on April 21, 2006. In that document, the FAA proposed
requirements for holders of design approvals to make available to
operators damage tolerance data for repairs and alterations to fatigue
critical structure. This extension is a result of requests from the Air
Transport Association of America, Inc. (ATA), Airbus, Boeing Commercial
Airplanes, Cargo Airline Association (CAA), and National Air Carrier
Association, Inc. (NACA) to extend the comment period to the proposal.
DATES: Comments must be received by September 18, 2006.
ADDRESSES: You may send comments identified by Docket Number FAA-2005-
21693 using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Greg Schneider, ANM-115, Airframe and
Cabin Safety, Federal Aviation Administration, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056, telephone: (425-227-2116); facsimile
(425-227-1232), e-mail greg.schneider@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite 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. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble
[[Page 38542]]
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also review the docket using the Internet at the Web
address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://dms.dot.gov.
Before acting on this proposal, we will consider all comments we
receive by the closing date for comments. We will consider comments
filed late if it is possible to do so without incurring expense or
delay. We may change this proposal in light of the comments we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the FAA's Regulations and Policies Web page at http://
http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.
You can also get a copy 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. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the 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), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
Background
On April 21, 2006, the Federal Aviation Administration (FAA)
published Notice No. 05-11, Damage Tolerance Data for Repairs and
Alterations (71 FR 20574). Comments to that document were to be
received by July 20, 2006.
By letters dated May 26 and 30, and June 6, 9, and 12, the Air
Transport Association of America, Inc. (ATA), Airbus, the Cargo Airline
Association (CAA), Boeing Commercial Airplanes, and National Air
Carrier Association, Inc. (NACA), respectively, asked the FAA to extend
the comment period for Notice No. 05-11. Many of the petitioners said
Notice No. 05-11, as well as other Aging Aircraft proposals and related
guidance material, present complex issues that would take time to
review together. Each petitioner requested a 60-day extension, except
Boeing Commercial Airplanes, who requested a 90-day extension, to fully
evaluate this proposal before sending comments to the FAA.
The FAA concurs with the petitioners' requests for an extension of
the comment period on Notice No. 05-11. The FAA believes that a 90-day
extension, as requested by Boeing Commercial Airplanes, would be
excessive. As Notice No. 05-11 presents some complex issues, the FAA
initially provided a 90-day comment period. Although the FAA agrees
that additional time will allow industry to assess the impact of this
regulation and provide meaningful comments, this need must be balanced
against the need to proceed expeditiously with a rulemaking that will
allow airline operators to comply with existing regulations.\1\ We
believe an additional 60 days, as requested by most of the petitioners,
would be adequate for them to review and provide comment to Notice No.
05-11. Absent unusual circumstances, the FAA does not anticipate any
further extension of the comment period for this rulemaking.
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\1\ Aging Airplane Safety final rule: 70 FR 5518, February 2,
2005.
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Extension of Comment Period
In accordance with Sec. 11.47(c) of Title 14, Code of Federal
Regulations, the FAA has reviewed the petitions made by ATA, Airbus,
Boeing Commercial Airplanes, CAA, and NACA for extension of the comment
period to Notice No. 05-11. These petitioners have shown a substantive
interest in the proposed rule and good cause for the extension. The FAA
also has determined that extension of the comment period is consistent
with the public interest, and that good cause exists for taking this
action.
Accordingly, the comment period for Notice No. 05-11 is extended
until September 18, 2006.
Issued in Washington, DC, June 29, 2006.
John M. Allen,
Acting Director, Flight Standards Service, Aviation Safety.
Dorenda D. Baker,
Acting Director, Aircraft Certification Service, Aviation Safety.
[FR Doc. E6-10598 Filed 7-6-06; 8:45 am]
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