[Federal Register: January 16, 2004 (Volume 69, Number 11)]
[Proposed Rules]               
[Page 2529-2531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja04-18]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, 119, 121, 135 and 136

[Docket No. FAA-1998-4521; Notice No. 03-10]
RIN 2120-AF07

 
National Air Tour Safety Standards

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 October 22, 2003 (68 FR 60572). In that document, the FAA 
proposed to issue regulations to govern commercial air tours throughout 
the United States. This extension responds to requests received during 
the comment period for the NPRM.

DATES: The comment period for Notice No. 03-10, published on October 
22, 2003 at 68 FR 60572, is extended until April 19, 2004.

ADDRESSES: You may submit comments to DOT DMS Docket Number FAA-1998-
4521 by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions for 

submitting comments on the DOT electronic Docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] 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.
    [sbull] Federal Rulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting 

comments.
    Instructions: All submissions must include the agency name and 
Docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the

[[Page 2530]]

Public Participation heading of the Supplementary Information section 
of this document. Note that all comments received will be posted 
without change to http://dms.dot.gov, including any personal 

information provided. Please see the Privacy Act heading under 
Regulatory Notices.
    Docket: For access to the 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: Alberta Brown, Flight Standards 
Service, Air Transportation Division, AFS-200, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-8166; e-mail: AlbertaBrown@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in this proposed 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impact 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 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. Before acting on 
this proposal, we will consider all comments we receive on or before 
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.
    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.

    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.

Regulatory Notices

    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our Dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted 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 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.


Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) Web page (http://dms.dot.gov/search
).

    (2) On the search page type in the last five digits of the Docket 
number shown at the beginning of this notice. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number of the item 
you wish to view.
    You can also get an electronic copy using the Internet through 
FAA's Web page at http://www.faa.gov/avr/arm/ or the Federal Register's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.

/aces140.html.

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 also 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 received 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

    The FAA published a notice (68 FR 60572, October 22, 2003) 
proposing to issue regulations to govern commercial air tours 
throughout the United States. The notice provided for a 90 day comment 
period, ending on January 20, 2004.

Extension of Comment Period

    We have received significant response to the NPRM, including some 
requests for an opportunity for the public to participate in a public 
forum. We are seeking broad participation in this proposed rulemaking 
because it may affect many small businesses and activities that are 
enjoyed by citizens in communities throughout the country. A 
traditional public meeting, or even a series of meetings, would not 
adequately allow broad input because the small businesses that may be 
affected by this proposed rule are spread throughout the United States, 
many of them in small communities. Many who could be most affected by 
the proposed rule would be unable to participate because of geography 
and our limited resources.
    The Internet allows us to overcome the barriers of geography and 
limited resources. We intend to hold a virtual public meeting to allow 
participation by as many as possible. We will publish a Notice of 
Virtual Public Meeting in the Federal Register in the near future. In 
the meantime, we will extend the comment period for the NPRM.
    In accordance with Sec.  11.47 of Title 14, Code of Federal 
Regulations, the FAA has reviewed requests for an extension of the 
comment period in Notice No. 03-10 (68 FR 60572). The FAA finds

[[Page 2531]]

that there is good cause and it is in the public interest to extend the 
comment period for an additional 90 days beyond the 90 days already 
provided. This will allow time for a virtual public meeting and allow 
the public more time to thoroughly review the issues and draft helpful 
comments. We believe this will help us prepare a final rule that will 
promote safety and minimize hardship on those the rule would affect. 
Accordingly, the comment period for Notice No. 03-10 is extended until 
April 19, 2004.

    Issued in Washington, DC, on January 14, 2004.
Steven W. Douglas,
Acting Director, Flight Standards Service.
[FR Doc. 04-1129 Filed 1-14-04; 2:47 pm]

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