[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Page 14592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6255]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 /
Proposed Rules
[[Page 14592]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 119, 121, 125, 135, 141, 142, and 145
[Docket No. FAA-2009-0671; Notice No. 09-06A]
RIN 2120-AJ15
Safety Management System; Withdrawal
AGENCY: Federal Aviation Administration (FAA), DOT
ACTION: Advance notice of proposed rulemaking (ANPRM); withdrawal.
-----------------------------------------------------------------------
SUMMARY: The FAA is withdrawing a previously published advance notice
of proposed rulemaking (ANPRM) that solicited public comment on a
potential rulemaking requiring certain 14 Code of Federal Regulations
(CFR) part 21, 119, 121, 125 135, 141, 142, and 145 certificate
holders, product manufacturers, applicants, and employers (``product/
service providers'') to develop a Safety Management System (SMS). The
FAA is withdrawing the ANPRM because we have issued a notice of
proposed rulemaking that would require certificate holders operating
under 14 CFR part 121 to develop and implement an SMS. The FAA may
initiate additional rulemaking in the future to consider SMS for other
product/service providers.
DATES: The advance notice of proposed rulemaking (ANPRM) published on
July 23, 2009 (74 FR 36414) is withdrawn as of March 17, 2011.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Scott Van Buren, Chief System Engineer for
Aviation Safety, Office of Accident Investigation and Prevention (AVP),
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 494-8417; facsimile: (202) 267-
3992; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
On July 23, 2009, the FAA published an advance notice of proposed
rulemaking (ANPRM) (Notice No. 09-06, 74 FR 36414). The ANPRM solicited
public comment on the appropriate scope and applicability of a
potential rulemaking that would require air carriers, aircraft design
and manufacturing organizations, and maintenance repair stations to
develop an SMS that would provide the organization's management with a
set of robust decision-making tools to use to improve safety. The FAA
received 89 comments in response to the ANPRM. The comment period
closed on October 21, 2009.
The Airline Safety and Federal Aviation Extension Act of 2010 (Pub.
L. 111-216) directed the FAA to issue an NPRM within 90 days of
enactment of the Act, and a final rule by July 30, 2012. The Act
requires the FAA to develop and implement an SMS for all part 121 air
carriers. The NPRM was published on November 5, 2010 (75 FR 68224).
The FAA also chartered the Safety Management System Aviation
Rulemaking Committee (ARC) (Order No. 1110.152; February 12, 2009) to
solicit recommendations from industry experts on the issue of SMS,
including the ANPRM. On March 31, 2010, the ARC submitted its report to
the FAA.
As a result of the legislative mandate to issue a final rule
implementing Safety Management Systems for part 121 air carriers by
July 2012, the FAA has decided not to immediately address SMS for other
product/service providers. The SMS ARC will complete its task with
submittal of comments on the part 121 SMS rulemaking by the close of
comment date, March 7, 2011. Further tasks of this ARC are not
anticipated. However, the FAA reiterates its commitment to SMS and may
decide to establish other advisory committees or industry panels in the
future to provide recommendations that may lead to SMS rulemaking for
other product/service providers.
A copy of the Committee report, the NPRM and comments received thus
far can be found in the docket for this rulemaking.
Reason for Withdrawal
The FAA is withdrawing Notice No. 09-06 to redirect its resources
to complete the SMS for part 121 final rule by the 24 month deadline of
July 30, 2012. Although the NPRM is limited to part 121 operators, the
general requirements in our proposed part 5 were designed so in the
future, they could be adapted and applied to other FAA-regulated
entities, such as part 135 operators, part 145 repair stations, and
part 21 aircraft design and manufacturing organizations. The FAA is
committed to developing SMS where it will improve safety of aviation
and aviation related activities.
Conclusion
Withdrawal of Notice No. 09-06 does not preclude the FAA from
issuing another proposal on this subject in the future nor does it
commit the agency to any future course of action. The public will be
provided the opportunity for public comment on any future rulemaking
through the notice and comment process. Therefore, the FAA withdraws
Notice No. 09-06, published at 74 FR 36414 on July 23, 2009.
Issued in Washington, DC, on March 11, 2011.
Margaret Gilligan,
Associate Administrator for Aviation Safety.
[FR Doc. 2011-6255 Filed 3-16-11; 8:45 am]
BILLING CODE 4910-13-P