[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22186-22187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8678]



Federal Aviation Administration

14 CFR Part 1

[Docket No. FAA-2012-0019; Amdt. No. 1-67]
RIN 2120-AK03

Removal of Category IIIa, IIIb, and IIIc Definitions; Delay of 
Effective Date and Reopening of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; delay of effective date and reopening of 
comment period.


SUMMARY: This action delays the effective date and reopens the comment 
period for a Direct Final Rule that was published on February 16, 2012 
(77 FR 9163). In that document, the FAA published amendments to remove 
the definitions of Category IIIa, IIIb, and IIIc operations because the 
definitions are outdated and no longer used for aircraft certification 
or operational authorization. The International Aviation Civil 
Organization (ICAO) has requested additional time to adequately analyze 
the Direct Final Rule and prepare comments.

DATES: The effective date of the Direct Final Rule published on 
February 16, 2012 (77 FR 9163) is delayed from April 16, 2012, to June 
12, 2012. If an adverse comment is received, the FAA will publish a 
timely withdrawal in the Federal Register.
    The comment period of the Direct Final Rule published on February 
16, 2012 (77 FR 9163) is reopened until May 14, 2012.

ADDRESSES: You may send comments identified by docket number (FAA-2012-
0019) using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.

Rulemaking, Federal Aviation Administration, 800 Independence Avenue 
SW., Washington, DC 20591, telephone (202) 493-4415; email 
[email protected].

SUPPLEMENTARY INFORMATION: See the ``Additional Information'' section 
for information on how to comment on this rule and how the FAA will 
handle comments received. The ``Additional Information'' section also 
contains related information about privacy and the docket. In addition, 
there is information on obtaining copies of related rulemaking 


    On February 7, 2012, the FAA issued Amendment No. 1-67, entitled 
``Removal of Category IIIa, IIIb, and IIIc Definitions'' (77 FR 9163). 
The FAA requested that comments on that rule be received on or before 
March 19, 2012.
    By letter dated March 16, 2012, ICAO requested that the FAA 
consider postponing the effective date of the rule until the rule is 
reviewed through an international process. ICAO stated that due to the 
short time frame, it was not in the position to understand the full 
implications of removing the Category IIIa, IIIb, and IIIc definitions. 
ICAO stated that additional time is necessary to adequately assess the 
impact of the Direct Final Rule and prepare comments.

Reopening of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed the request made by ICAO. The 
petitioner has shown a substantive interest in the rule and good cause 
for the reopening. The FAA has determined that reopening of the comment 
period is consistent with the public interest, and that good cause 
exists for taking this action.
    Accordingly, the comment period for Amendment No. 1-67 is reopened 
until May 14, 2012.

Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from implementing the rule. The 
most helpful comments reference a specific portion of the Direct Final 
Rule, explain the reason for any recommended change, and include 
supporting data. To ensure the docket does not contain duplicate 
comments, commenters should send only one copy of written comments, or 
if comments are filed electronically, commenters should submit only one 
    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 rulemaking. Before acting on this rule, the 
FAA will consider all comments it receives on or before the closing 
date for comments. The FAA will consider comments filed after the

[[Page 22187]]

comment period has closed if it is possible to do so without incurring 
expense or delay. The agency may change this rule in light of the 
comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's web page at http://www.fdys.gov.
    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 
    All documents the FAA considered in developing this rule may be 
accessed from the Internet through the Federal eRulemaking Portal 
referenced in item (1) above.

C. Privacy

    The FAA will post all comments it receives, without change, to 
http://www.regulations.gov, including any personal information the 
commenter provides. Using the search function of the docket web site, 
anyone can find and read the electronic form of all comments received 
into any FAA docket, including the name of the individual sending the 
comment (or signing the comment for an association, business, labor 
union, etc.). DOT's complete Privacy Act Statement can be found in the 
Federal Register published on April 11, 2000 (65 FR 19477-19478), as 
well as at http://DocketsInfo.dot.gov.

D. Docket

    Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for 
accessing the docket or 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 

    Issued in Washington, DC, on April 5, 2012.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2012-8678 Filed 4-12-12; 8:45 am]