Revisions to the Regulatory Definitions of “On-Demand Operation”, “Supplemental Operation” and “Scheduled Operation”, 59480-59481 [2023-18615]

Download as PDF 59480 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on August 23, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–18567 Filed 8–28–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 110 [Docket No. FAA–2023–1857] RIN 2120–ZA32 Revisions to the Regulatory Definitions of ‘‘On-Demand Operation’’, ‘‘Supplemental Operation’’ and ‘‘Scheduled Operation’’ Department of Transportation (DOT), Federal Aviation Administration (FAA). ACTION: Request for comments. AGENCY: This document alerts the public that the FAA intends to initiate a rulemaking to address the exception from FAA’s domestic, flag, and supplemental operations regulations for public charter operators. To inform this effort, the FAA seeks public comment, data, and other information regarding current and planned public charter flights operated under on-demand rules that appear indistinguishable from flights conducted by air carriers as supplemental or domestic operations. The FAA will review comments received in response to this document to evaluate the need for and, if necessary, scope of any rulemaking. DATES: Send comments on or before October 13, 2023. ADDRESSES: Send comments identified by docket number FAA–2023–1857 using any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:35 Aug 28, 2023 Jkt 259001 • Fax: Fax comments to Docket Operations at 202–493–2251. Docket: Background documents or comments received may be read at https://www.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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jackie Clow, Aviation Safety Inspector, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8166; email: jackie.a.clow@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested persons to provide comments, written data, views, or arguments relating to this document. Send your comments to an address listed under the ADDRESSES section. The FAA will consider comments received on or before the closing date. All comments received will be available in the docket for examination by interested persons. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000, see 65 FR 19477, or you may visit https://www.regulations.gov. Background Title 14 CFR part 380 is an economic regulation administered by the Department of Transportation. Currently, under 14 CFR 110.2 of FAA’s safety regulations, public charters operated under the terms of 14 CFR part 380 may be conducted as ‘‘on-demand operations’’ if the aircraft operator is using airplanes, including turbo-jet powered airplanes, with 30 or fewer passenger seats. On-demand operations must be conducted under the operating rules in 14 CFR part 135. See, 14 CFR 119.21(a)(5) and 135.1(a)(1). Similarly, public charter operations are excepted from the § 110.2 definition of ‘‘scheduled operation’’ and are included in the definition of ‘‘supplemental operation’’ regardless of whether such PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 operator offers in advance to the public the departure location, departure time, and arrival location of the flight. But for the part 380 exceptions in § 110.2, public charter operators would be required to comply with the operating rules applicable to their operations based on the same criteria as all other air carriers and commercial operators, i.e., 14 CFR part 121. The FAA intends to initiate a rulemaking to amend title 14, Code of Federal Regulations (14 CFR), part 110 to address these public charter operations that, in light of recent highvolume operations, appear to be offered to the public as essentially indistinguishable from flights conducted by air carriers as supplemental or domestic operations under 14 CFR part 121. Specifically, the size, scope, frequency, and complexity of charter operations conducted as ‘‘ondemand’’ operations under the part 135 operating rules has grown significantly over the past 10 years. While the FAA has adjusted its oversight of these increased operations, the FAA is considering whether a regulatory change may be appropriate to ensure the management of the level of safety necessary for those operations. The FAA is considering issuing a notice of proposed rulemaking that will seek comment on removing the exceptions for part 380 public charter operators from the definitions in 14 CFR 110.2 and delink FAA’s safety regulations from DOT’s economic regulations. If the FAA were to remove the exceptions, operators would then conduct public charter flights under the operating part applicable to their operation based on the same criteria that apply to all other non-part 380 operators, including the size and complexity of aircraft they operate and the frequency of flights. Were FAA to amend its regulatory framework, some operators conducting public charter operations would need to transition from operating under part 135 to part 121. This transition may require affected operators to adjust their service models. As such, this document solicits comment, data, and other information regarding: the effects of any removal of the part 380 exception (including any effect on service to small and underserved communities); potential impacts on competition, innovation, and emerging technologies; alternative regulatory structures that could apply to the provision of commercial passenger services under a regime other than part 121 or part 135; if FAA were to adopt a rule, the reasonable period of time needed to allow affected operators to obtain appropriate certificates and E:\FR\FM\29AUP1.SGM 29AUP1 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules authorizations to transition their operations to the applicable operating parts of 14 CFR; and any additional topics interested parties believe should be considered. The FAA will review all comments submitted to inform its planned rulemaking. Issued on August 24, 2023. David H. Boulter, Acting Associate Administrator, Aviation Safety, Federal Aviation Administration. [FR Doc. 2023–18615 Filed 8–28–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 1120 [Docket No. FDA–2013–N–0227] RIN 0910–AH91 Proposed Requirements for Tobacco Product Manufacturing Practice; Extension of Comment Period AGENCY: Food and Drug Administration, HHS. Proposed rule; extension of comment period. ACTION: The Food and Drug Administration (FDA or the Agency) is extending the comment period for the proposed rule entitled ‘‘Requirements for Tobacco Product Manufacturing Practice’’ published in the Federal Register of March 10, 2023, by 30 days. The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments. DATES: FDA is extending the comment period on the proposed rule published March 10, 2023 (88 FR 15174), by 30 days. Either electronic or written comments must be submitted by October 6, 2023. ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. The https:// www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of October 6, 2023. Comments received by mail/hand delivery/courier (for written/ paper submissions) will be considered timely if they are received on or before that date. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: Electronic Submissions Submit electronic comments in the following way: VerDate Sep<11>2014 16:35 Aug 28, 2023 Jkt 259001 • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand Delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2013–N–0227 for ‘‘Requirements for Tobacco Product Manufacturing Practice.’’ Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240–402–7500. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ The Agency will review this copy, including PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 59481 the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https:// www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500. FOR FURTHER INFORMATION CONTACT: Matthew Brenner, Center for Tobacco Products, Food and Drug Administration, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993, 877–287–1373, AskCTPRegulations@fda.hhs.gov. In the Federal Register of March 10, 2023 (88 FR 15174), FDA published a proposed rule entitled ‘‘Requirements for Tobacco Product Manufacturing Practice.’’ The proposed rule provided a 180-day period for submission of public comments. The Agency has received a request for an extension of the comment period for the proposed rule. The request conveyed concern that the comment period does not allow sufficient time to develop a meaningful or thoughtful response to the proposed rule. FDA has considered the request and is extending the comment period for the proposed rule for 30 days, until October 6, 2023. FDA believes this extension is appropriate because of the complexity of the material being posted. The Agency believes that a 30-day extension allows adequate time for interested persons to submit comments. SUPPLEMENTARY INFORMATION: E:\FR\FM\29AUP1.SGM 29AUP1

Agencies

[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Proposed Rules]
[Pages 59480-59481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18615]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 110

[Docket No. FAA-2023-1857]
RIN 2120-ZA32


Revisions to the Regulatory Definitions of ``On-Demand 
Operation'', ``Supplemental Operation'' and ``Scheduled Operation''

AGENCY: Department of Transportation (DOT), Federal Aviation 
Administration (FAA).

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: This document alerts the public that the FAA intends to 
initiate a rulemaking to address the exception from FAA's domestic, 
flag, and supplemental operations regulations for public charter 
operators. To inform this effort, the FAA seeks public comment, data, 
and other information regarding current and planned public charter 
flights operated under on-demand rules that appear indistinguishable 
from flights conducted by air carriers as supplemental or domestic 
operations. The FAA will review comments received in response to this 
document to evaluate the need for and, if necessary, scope of any 
rulemaking.

DATES: Send comments on or before October 13, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1857 
using any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Docket: Background documents or comments received may be read at 
https://www.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, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jackie Clow, Aviation Safety 
Inspector, Air Transportation Division, Flight Standards Service, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone: (202) 267-8166; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to provide comments, written 
data, views, or arguments relating to this document. Send your comments 
to an address listed under the ADDRESSES section. The FAA will consider 
comments received on or before the closing date. All comments received 
will be available in the docket for examination by interested persons.
    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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy. You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000, see 65 
FR 19477, or you may visit https://www.regulations.gov.

Background

    Title 14 CFR part 380 is an economic regulation administered by the 
Department of Transportation. Currently, under 14 CFR 110.2 of FAA's 
safety regulations, public charters operated under the terms of 14 CFR 
part 380 may be conducted as ``on-demand operations'' if the aircraft 
operator is using airplanes, including turbo-jet powered airplanes, 
with 30 or fewer passenger seats. On-demand operations must be 
conducted under the operating rules in 14 CFR part 135. See, 14 CFR 
119.21(a)(5) and 135.1(a)(1). Similarly, public charter operations are 
excepted from the Sec.  110.2 definition of ``scheduled operation'' and 
are included in the definition of ``supplemental operation'' regardless 
of whether such operator offers in advance to the public the departure 
location, departure time, and arrival location of the flight. But for 
the part 380 exceptions in Sec.  110.2, public charter operators would 
be required to comply with the operating rules applicable to their 
operations based on the same criteria as all other air carriers and 
commercial operators, i.e., 14 CFR part 121.
    The FAA intends to initiate a rulemaking to amend title 14, Code of 
Federal Regulations (14 CFR), part 110 to address these public charter 
operations that, in light of recent high-volume operations, appear to 
be offered to the public as essentially indistinguishable from flights 
conducted by air carriers as supplemental or domestic operations under 
14 CFR part 121. Specifically, the size, scope, frequency, and 
complexity of charter operations conducted as ``on-demand'' operations 
under the part 135 operating rules has grown significantly over the 
past 10 years. While the FAA has adjusted its oversight of these 
increased operations, the FAA is considering whether a regulatory 
change may be appropriate to ensure the management of the level of 
safety necessary for those operations.
    The FAA is considering issuing a notice of proposed rulemaking that 
will seek comment on removing the exceptions for part 380 public 
charter operators from the definitions in 14 CFR 110.2 and delink FAA's 
safety regulations from DOT's economic regulations. If the FAA were to 
remove the exceptions, operators would then conduct public charter 
flights under the operating part applicable to their operation based on 
the same criteria that apply to all other non-part 380 operators, 
including the size and complexity of aircraft they operate and the 
frequency of flights.
    Were FAA to amend its regulatory framework, some operators 
conducting public charter operations would need to transition from 
operating under part 135 to part 121. This transition may require 
affected operators to adjust their service models. As such, this 
document solicits comment, data, and other information regarding: the 
effects of any removal of the part 380 exception (including any effect 
on service to small and underserved communities); potential impacts on 
competition, innovation, and emerging technologies; alternative 
regulatory structures that could apply to the provision of commercial 
passenger services under a regime other than part 121 or part 135; if 
FAA were to adopt a rule, the reasonable period of time needed to allow 
affected operators to obtain appropriate certificates and

[[Page 59481]]

authorizations to transition their operations to the applicable 
operating parts of 14 CFR; and any additional topics interested parties 
believe should be considered.
    The FAA will review all comments submitted to inform its planned 
rulemaking.

    Issued on August 24, 2023.
David H. Boulter,
Acting Associate Administrator, Aviation Safety, Federal Aviation 
Administration.
[FR Doc. 2023-18615 Filed 8-28-23; 8:45 am]
BILLING CODE 4910-13-P

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