81 FR 59438 - Licensing and Safety Requirements for Launch; Technical Amendment
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 168 (August 30, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59438-59439 | |
| FR Document | 2016-20813 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Rules and Regulations] [Pages 59438-59439] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20813] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 415 and 417 [Docket No. FAA-2000-7953; Amdt. No(s). 415-6 and 417-5] RIN 2120-AG37 Licensing and Safety Requirements for Launch; Technical Amendment AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The FAA is publishing this action to correct minor, editorial errors in chapter III, parts 415 and 417. These errors occurred in the Licensing and Safety Requirements for Launch final rule, published in the Federal Register on August 25, 2006. That final rule amended the commercial space transportation regulations governing the launch of expendable launch vehicles to address licensing and safety requirements for a launch. In that final rule, the FAA inadvertently made minor errors, which this technical amendment corrects. DATES: Effective August 30, 2016. FOR FURTHER INFORMATION CONTACT: For questions concerning this action contact Ren[eacute] Rey, Regulations and Analysis Division, AST-300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-7538; email [email protected]. SUPPLEMENTARY INFORMATION: Good Cause for Immediate Adoption Without Prior Notice Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies [[Page 59439]] to dispense with notice and comment procedures for rules when the agency for ``good cause'' finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Section 553(d)(3) of the Administrative Procedure Act requires that agencies publish a rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. This document is correcting errors that are in 14 CFR 415.35, 415.37, 415.41, 415.55, 417.15, 417.107, 417.121, 417.231, 417.301, 417.303, 417.305, and Appendix A, Appendix E, and Appendix I to part 417. These corrections will not impose any additional restrictions on the persons affected by these regulations. Furthermore, any additional delay in making the regulations correct would be contrary to the public interest. Accordingly, the FAA finds that (i) public comment on these standards prior to promulgation is unnecessary, and (ii) good cause exists to make this rule effective in less than 30 days. Background On August 25, 2006, the FAA published a final rule entitled, ``Licensing and Safety Requirements for Launch; Final Rule'' (71 FR 50508). In that final rule, the FAA amended commercial space transportation regulations governing the launch of expendable launch vehicles. That action was necessary to codify launch practices at Federal launch ranges and codify rules for launches from a non-Federal launch site. The intended effect of the action was to ensure that the public continued to be protected from the hazards of a launch from either a Federal launch range or a non-Federal launch site. The final rule contains a more complete discussion of the rule and the events leading up to it. Technical Amendment The technical amendment makes the following corrections: (1) In Sec. 415.35(a), the reference toc c is changed to Ec. (2) In Sec. 415.37(a)(1), the reference to Sec. 417.117(g) is changed to Sec. 417.117(b)(3). (3) In Sec. 415.41, the reference to Sec. 417.111(g) is changed to Sec. 417.111(h). (4) In Sec. 415.55, the reference to Sec. 415.79(a) is changed to Sec. 417.17(b)(2). (5) In Sec. 417.15(b), the reference to Sec. 405.1 is changed to Sec. 401.5. (6) In Sec. 417.107(e)(2), the reference to Sec. 417.113(b) is changed to Sec. 417.113(c). (7) In Sec. 417.121(c), the reference to Sec. 417.113(b) is changed to Sec. 417.113(c). (8) In Sec. 417.231(a), the reference to Sec. 417.113(b) is changed to Sec. 417.113(c). (9) In Sec. 417.301(d)(1), duplicate sub-paragraph (1) is removed. (10) In Sec. 417.303(j), the reference to Sec. 417.307(g) is changed to Sec. 417.307(f). (11) In Sec. 417.305(c)(1), duplicate sub-paragraph (1) is removed. (12) In Appendix A to part 417, section A417.29(b)(5), the reference to Sec. 417.113(b) is changed to Sec. 417.113(c). (13) In Appendix E to part 417, section E417.19(e)(2)(vi), the reference todB is changed to 3 dB. (14) In Appendix I to part 417, in the introductory paragraph to section I417.1, the reference to Sec. 417.229 is changed to Sec. 417.227. (15) In Appendix I to part 417, section I417.5(a), the reference to Sec. 417.113(b) is changed to Sec. 417.113(c). List of Subjects 14 CFR Part 415 Aviation safety, Environmental protection, Space transportation and exploration. 14 CFR Part 417 Aviation safety, Reporting and recordkeeping requirements, Rockets, Space transportation and exploration. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter III of title 14, Code of Federal Regulations as follows: PART 415--LAUNCH LICENSE 0 1. The authority citation of part 415 continues to read as follows: Authority: 51 U.S.C. 50901-50923. Sec. 415.35 [Amended] 0 2. Amend Sec. 415.35(a) by removing the reference to `` c c'' and adding in its place ``Ec''. Sec. 415.37 [Amended] 0 3. Amend Sec. 415.37(a)(1) by removing the reference to ``Sec. 417.117(g)'' and adding in its place ``Sec. 417.117(b)(3)''. Sec. 415.41 [Amended] 0 4. Amend Sec. 415.41 by removing the reference to ``Sec. 417.111(g)'' and adding in its place ``Sec. 417.111(h)''. Sec. 415.55 [Amended] 0 5. Amend Sec. 415.55 by removing the reference to ``Sec. 415.79(a)'' and adding in its place ``Sec. 417.17(b)(2)''. PART 417--LAUNCH SAFETY 0 6. The authority citation for part 417 continues to read as follows: Authority: 51 U.S.C. 50901-50923. Sec. 417.15 [Amended] 0 7. Amend Sec. 417.15(b) by removing the reference to ``Sec. 405.1'' and adding in its place ``Sec. 401.5''. Sec. 417.107 [Amended] 0 8. Amend Sec. 417.107(e)(2) by removing the reference to ``Sec. 417.113(b)'' and adding in its place ``Sec. 417.113(c)''. Sec. 417.121 [Amended] 0 9. Amend Sec. 417.121(c) by removing the reference to ``Sec. 417.113(b)'' and adding in its place ``Sec. 417.113(c)''. Sec. 417.231 [Amended] 0 10. Amend Sec. 417.231(a) by removing the reference to ``Sec. 417.113(b)'' and adding in its place ``Sec. 417.113(c)''. Sec. 417.301 [Amended] 0 11. Amend Sec. 417.301 by removing duplicate paragraph (d)(1). Sec. 417.303 [Amended] 0 12. Amend Sec. 417.303(j) by removing the reference to ``Sec. 417.307(g)'' and adding in its place ``Sec. 417.307(f)''. Sec. 417.305 [Amended] 0 13. Amend Sec. 417.305 by removing duplicate paragraph (c)(1). Appendix A to part 417 [Amended] 0 14. Amend section A417.29(b)(5) of Appendix A to part 417 by removing the reference to ``Sec. 417.113(b)'' and adding in its place ``Sec. 417.113(c)''. Appendix E to part 417 [Amended] 0 15. Amend section E417.19(e)(2)(vi) of Appendix E to part 417 by removing the reference to ``dB'' and adding in its place `` 3 dB''. Appendix I to part 417 [Amended] 0 16. Amend Appendix I to part 417 by: 0 a. In section I417.1, removing the reference to ``Sec. 417.229'' and adding in its place ``Sec. 417.227''. 0 b. In section I417.5(a), removing ``Sec. 417.113(b)'' and adding in its place ``Sec. 417.113(c)''. Issued in Washington, DC, on August 23, 2016. Dale Bouffiou, Acting Director, Office of Rulemaking. [FR Doc. 2016-20813 Filed 8-29-16; 8:45 am] BILLING CODE 4910-13-P
![59438 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
available to offer dispute resolution 8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 (or made at least three good faith
services in paragraph (b); and FR 23781, 3 CFR, 1987 Comp., p. 235. attempts to do so) how the requester
(2) In § 1402.22, by redesignating could effectively limit the scope of the
Subpart B—Availability of Records of request.
existing paragraph (h) as paragraph (k)
the Farm Credit System Insurance (j) If a court has determined that
and adding new paragraphs (h), (i), and
Corporation exceptional circumstances exist, a
(j) with updated information about
charging fees. ■ 2. Section 1402.14(b) is revised to failure to comply with time limits
read as follows: imposed by these regulations or FOIA
II. Certain Findings shall be excused for the length of time
We have determined that the § 1402.14 Response to requests for provided by court order.
amendments mandated by the records.
* * * * *
Improvement Act involve agency * * * * *
(b) Within 90 days of the receipt of a Dated: August 24, 2016.
management and technical changes.
notice denying, in whole or in part, a Dale L. Aultman,
Therefore, the amendments do not
constitute a rulemaking under the request for records, the requester may Secretary to the Board, Farm Credit System
appeal the denial. The appeal shall be Insurance Corporation.
Administrative Procedure Act (APA), 5
in writing addressed to the Chief [FR Doc. 2016–20767 Filed 8–29–16; 8:45 am]
U.S.C. 551, 553(a)(2). Under the APA,
the public may participate in the Financial Officer, Farm Credit System BILLING CODE 6710–01–P
promulgation of rules that have a Insurance Corporation, McLean,
substantial impact on the public. The Virginia 22102, and both the letter and
amendments to our regulations relate to envelope shall clearly be marked ‘‘FOIA DEPARTMENT OF TRANSPORTATION
agency management and technical Appeal.’’ An appeal improperly
changes only and are required by addressed shall be deemed not to have Federal Aviation Administration
statute, and therefore, do not require been received for purposes of the 20-day
public participation. time period set forth in paragraph (c) of 14 CFR Parts 415 and 417
Even if these amendments were a this section until it is received, or would [Docket No. FAA–2000–7953; Amdt. No(s).
rulemaking under 5 U.S.C. 551, have been received with the exercise of 415–6 and 417–5]
553(a)(2) of the APA, we have due diligence by Farm Credit System
RIN 2120–AG37
determined that notice and public Insurance Corporation personnel. You
comment are unnecessary and contrary also have the right to seek dispute Licensing and Safety Requirements for
to the public interest. Under 5 U.S.C. resolution services from the Launch; Technical Amendment
553(b)(B) of the APA, an agency may Corporation’s FOIA Public Liaison,
publish regulations in final form when McLean, Virginia 22102, and the Office AGENCY: Federal Aviation
the agency for good cause finds that of Government Information Services, Administration, DOT.
notice and public procedure thereon are National Archives and Records ACTION: Final rule; technical
impracticable, unnecessary, or contrary Administration, 8601 Adelphi Road— amendment.
to public interest. The proposed OGIS, College Park, Maryland 20740–
amendments are required by statute, do 6001. SUMMARY: The FAA is publishing this
not involve Corporation discretion, and * * * * * action to correct minor, editorial errors
provide additional protections to the in chapter III, parts 415 and 417. These
public through the existing regulations. Subpart C—Fees for Provision of errors occurred in the Licensing and
Thus, notice and public procedure are Information Safety Requirements for Launch final
impracticable, unnecessary, and rule, published in the Federal Register
■ 3. Section 1402.22 is amended by on August 25, 2006. That final rule
contrary to the public interest.
redesignating paragraph (h) as amended the commercial space
III. Regulatory Flexibility Act paragraph (k) and adding new transportation regulations governing the
paragraphs (h), (i), and (j) to read as launch of expendable launch vehicles to
Pursuant to section 605(b) of the
follows: address licensing and safety
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), the Corporation hereby certifies § 1402.22 Fees to be charged.
requirements for a launch. In that final
that the final rule will not have a rule, the FAA inadvertently made minor
* * * * * errors, which this technical amendment
significant economic impact on a (h) We will not assess fees if we fail
substantial number of small entities. corrects.
to comply with any time limit under the
FOIA or these regulations, and have not DATES: Effective August 30, 2016.
List of Subjects in 12 CFR Part 1402
timely notified the requester, in writing, FOR FURTHER INFORMATION CONTACT: For
Archives and records, Freedom of that an unusual circumstance exists. If questions concerning this action contact
information, Insurance. an unusual circumstance exists, and René Rey, Regulations and Analysis
As stated in the preamble, part 1402 timely, written notice is given to the Division, AST–300, Federal Aviation
of chapter XIV, title 12 of the Code of requester, we may be excused an Administration, 800 Independence
Federal Regulations is amended as additional 10 working days before fees Avenue SW., Washington, DC 20591;
follows: are automatically waived under this telephone (202) 267–7538; email
paragraph (h). Rene.Rey@faa.gov.
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PART 1402—RELEASING (i) If we determine that unusual SUPPLEMENTARY INFORMATION:
INFORMATION circumstances apply and more than
5,000 pages are necessary to respond to Good Cause for Immediate Adoption
■ 1. The authority citation for part 1402 a request, we may charge fees if we Without Prior Notice
is revised to read as follows: provided a timely, written notice to the Section 553(b)(3)(B) of the
Authority: Secs. 5.58, 5.59 of Pub. L. 92– requester and discussed with the Administrative Procedure Act (APA) (5
181, 85 Stat. 583 (12 U.S.C. 2277a–7, 2277a– requester via mail, Email, or telephone U.S.C. 551 et seq.) authorizes agencies
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![Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 59439
to dispense with notice and comment (5) In § 417.15(b), the reference to PART 417—LAUNCH SAFETY
procedures for rules when the agency § 405.1 is changed to § 401.5.
for ‘‘good cause’’ finds that those (6) In § 417.107(e)(2), the reference to ■ 6. The authority citation for part 417
procedures are ‘‘impracticable, § 417.113(b) is changed to § 417.113(c). continues to read as follows:
unnecessary, or contrary to the public (7) In § 417.121(c), the reference to
Authority: 51 U.S.C. 50901–50923.
interest.’’ Under this section, an agency, § 417.113(b) is changed to § 417.113(c).
upon finding good cause, may issue a (8) In § 417.231(a), the reference to § 417.15 [Amended]
final rule without seeking comment § 417.113(b) is changed to § 417.113(c).
(9) In § 417.301(d)(1), duplicate sub- ■ 7. Amend § 417.15(b) by removing the
prior to the rulemaking.
paragraph (1) is removed. reference to ‘‘§ 405.1’’ and adding in its
Section 553(d)(3) of the
(10) In § 417.303(j), the reference to place ‘‘§ 401.5’’.
Administrative Procedure Act requires
§ 417.307(g) is changed to § 417.307(f).
that agencies publish a rule not less (11) In § 417.305(c)(1), duplicate sub- § 417.107 [Amended]
than 30 days before its effective date, paragraph (1) is removed.
except as otherwise provided by the ■ 8. Amend § 417.107(e)(2) by removing
(12) In Appendix A to part 417, the reference to ‘‘§ 417.113(b)’’ and
agency for good cause found and section A417.29(b)(5), the reference to
published with the rule. adding in its place ‘‘§ 417.113(c)’’.
§ 417.113(b) is changed to § 417.113(c).
This document is correcting errors (13) In Appendix E to part 417, § 417.121 [Amended]
that are in 14 CFR 415.35, 415.37, section E417.19(e)(2)(vi), the reference
415.41, 415.55, 417.15, 417.107, to ±dB is changed to ±3 dB. ■ 9. Amend § 417.121(c) by removing
417.121, 417.231, 417.301, 417.303, (14) In Appendix I to part 417, in the the reference to ‘‘§ 417.113(b)’’ and
417.305, and Appendix A, Appendix E, introductory paragraph to section adding in its place ‘‘§ 417.113(c)’’.
and Appendix I to part 417. These I417.1, the reference to § 417.229 is § 417.231 [Amended]
corrections will not impose any changed to § 417.227.
additional restrictions on the persons (15) In Appendix I to part 417, section ■ 10. Amend § 417.231(a) by removing
affected by these regulations. I417.5(a), the reference to § 417.113(b) is the reference to ‘‘§ 417.113(b)’’ and
Furthermore, any additional delay in changed to § 417.113(c). adding in its place ‘‘§ 417.113(c)’’.
making the regulations correct would be List of Subjects § 417.301 [Amended]
contrary to the public interest.
Accordingly, the FAA finds that (i) 14 CFR Part 415 ■ 11. Amend § 417.301 by removing
public comment on these standards Aviation safety, Environmental duplicate paragraph (d)(1).
prior to promulgation is unnecessary, protection, Space transportation and
and (ii) good cause exists to make this § 417.303 [Amended]
exploration.
rule effective in less than 30 days. ■ 12. Amend § 417.303(j) by removing
14 CFR Part 417
Background the reference to ‘‘§ 417.307(g)’’ and
Aviation safety, Reporting and adding in its place ‘‘§ 417.307(f)’’.
On August 25, 2006, the FAA recordkeeping requirements, Rockets,
published a final rule entitled, Space transportation and exploration. § 417.305 [Amended]
‘‘Licensing and Safety Requirements for
The Amendment ■ 13. Amend § 417.305 by removing
Launch; Final Rule’’ (71 FR 50508).
In consideration of the foregoing, the duplicate paragraph (c)(1).
In that final rule, the FAA amended
commercial space transportation Federal Aviation Administration Appendix A to part 417 [Amended]
regulations governing the launch of amends chapter III of title 14, Code of
expendable launch vehicles. That action Federal Regulations as follows: ■ 14. Amend section A417.29(b)(5) of
was necessary to codify launch practices Appendix A to part 417 by removing the
at Federal launch ranges and codify PART 415—LAUNCH LICENSE reference to ‘‘§ 417.113(b)’’ and adding
rules for launches from a non-Federal in its place ‘‘§ 417.113(c)’’.
■ 1. The authority citation of part 415
launch site. The intended effect of the continues to read as follows: Appendix E to part 417 [Amended]
action was to ensure that the public
Authority: 51 U.S.C. 50901–50923. 15. Amend section E417.19(e)(2)(vi) of
continued to be protected from the ■
hazards of a launch from either a § 415.35 [Amended] Appendix E to part 417 by removing the
Federal launch range or a non-Federal reference to ‘‘±dB’’ and adding in its
■ 2. Amend § 415.35(a) by removing the
launch site. place ‘‘±3 dB’’.
reference to ‘‘cc’’ and adding in its place
The final rule contains a more ‘‘Ec’’. Appendix I to part 417 [Amended]
complete discussion of the rule and the
events leading up to it. § 415.37 [Amended] ■ 16. Amend Appendix I to part 417 by:
Technical Amendment ■ 3. Amend § 415.37(a)(1) by removing ■ a. In section I417.1, removing the
the reference to ‘‘§ 417.117(g)’’ and reference to ‘‘§ 417.229’’ and adding in
The technical amendment makes the adding in its place ‘‘§ 417.117(b)(3)’’. its place ‘‘§ 417.227’’.
following corrections:
■ b. In section I417.5(a), removing
(1) In § 415.35(a), the reference to cc § 415.41 [Amended]
‘‘§ 417.113(b)’’ and adding in its place
is changed to Ec. ■ 4. Amend § 415.41 by removing the ‘‘§ 417.113(c)’’.
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(2) In § 415.37(a)(1), the reference to reference to ‘‘§ 417.111(g)’’ and adding
§ 417.117(g) is changed to in its place ‘‘§ 417.111(h)’’. Issued in Washington, DC, on August 23,
§ 417.117(b)(3). 2016.
(3) In § 415.41, the reference to § 415.55 [Amended] Dale Bouffiou,
§ 417.111(g) is changed to § 417.111(h). ■ 5. Amend § 415.55 by removing the Acting Director, Office of Rulemaking.
(4) In § 415.55, the reference to reference to ‘‘§ 415.79(a)’’ and adding in [FR Doc. 2016–20813 Filed 8–29–16; 8:45 am]
§ 415.79(a) is changed to § 417.17(b)(2). its place ‘‘§ 417.17(b)(2)’’. BILLING CODE 4910–13–P
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Document Created: 2018-02-09 11:42:24
Document Modified: 2018-02-09 11:42:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Dates | Effective August 30, 2016. | |
| Contact | For questions concerning this action contact Ren[eacute] Rey, Regulations and Analysis Division, AST-300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-7538; email [email protected] | |
| FR Citation | 81 FR 59438 | |
| RIN Number | 2120-AG37 | |
| CFR Citation | 14
CFR
415 14 CFR 417 | |
| CFR Associated | Aviation Safety; Environmental Protection; Space Transportation and Exploration; Reporting and Recordkeeping Requirements and Rockets |
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