82 FR 35920 - Temporary Flight Restrictions in the Proximity of Launch and Reentry Operations; Withdrawal

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 147 (August 2, 2017)

The FAA is withdrawing a previously published NPRM that proposed to revise the temporary flight restriction (TFR) provision for space flight operations to make the restrictions applicable to all aircraft including non-U.S. registered aircraft, instead of only U.S. registered aircraft or aircraft flown by pilots using a FAA pilot certificate. The NPRM also proposed to amend language for consistency with other TFR provisions and commercial space regulations and definitions by replacing ``space flight operations'' with ``launch, reentry, or amateur rocket operations.'' The intended effect of the proposed action was to further enhance the safety in the affected airspace and improve the readability of the TFR requirements. After further review of this action and the changing technology and scope of new flight operations, the FAA determined that a better assessment of TFRs in the National Air Space (NAS) is needed to address present day operations; therefore, it is withdrawing this NPRM.

[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Proposed Rules]
[Pages 35920-35921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16198]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2015-3304; Notice No. 15-07]
RIN 2120-AK66


Temporary Flight Restrictions in the Proximity of Launch and 
Reentry Operations; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing a previously published NPRM that 
proposed to revise the temporary flight restriction (TFR) provision for 
space flight operations to make the restrictions applicable to all 
aircraft including non-U.S. registered aircraft, instead of only U.S. 
registered aircraft or aircraft flown by pilots using a FAA pilot 
certificate. The NPRM also proposed to amend language for consistency 
with other TFR provisions and commercial space regulations and 
definitions by replacing ``space flight operations'' with ``launch, 
reentry, or amateur rocket operations.'' The intended effect of the 
proposed action was to further enhance the safety in the affected 
airspace and improve the readability of the TFR requirements. After 
further review of this action and the changing technology and scope of 
new flight operations, the FAA determined that a better assessment of 
TFRs in the National Air Space (NAS) is needed to address present day 
operations; therefore, it is withdrawing this NPRM.

DATES: The FAA is withdrawing the NPRM published on September 2, 2015 
(80 FR 53033) as of August 2, 2017.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this

[[Page 35921]]

action, contact Patrick Moorman, Airspace Regulations Team, AJV-113, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-8745; email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Overview of Notice 15-07 (NPRM)

    Section 91.143 of Title 14 of the Code of Federal Regulations (CFR) 
authorizes the FAA to issue a Notice to Airmen (NOTAM) prohibiting a 
person from operating any aircraft of U.S. registry or piloting an 
aircraft under the authority of an airman certificate issued by the FAA 
in areas designated in the NOTAM for space flight operations. By 
restricting non-essential aircraft from the designated recovery area, 
the FAA ensures the safe recovery of spacecraft while mitigating the 
risk of an aircraft collision.
    On September 2, 2015, the FAA published an NPRM, Notice No. 15-07, 
proposing to amend Sec.  91.143 [80 FR 53033] to ensure that all 
aircraft--not only U.S. registered aircraft or aircraft flown by pilots 
using an FAA pilot certificate--are restricted from operating in 
airspace designated for launch, reentry, or amateur rocket operations. 
The FAA also proposed amending the provision to update and clarify that 
the FAA issues NOTAMs that designate a TFR under Sec.  91.143 for 
launch, reentry, or Class 2 or 3 amateur rocket operations, when the 
FAA determines a TFR is necessary to maintain safety because 
technological changes have resulted in an increased growth of larger 
amateur rockets with greater power. The NPRM would also amend the 
language of Sec.  91.143 to align with the terminology used in 51 
U.S.C. Chapter 509 and the FAA space transportation regulations and 
definitions by replacing ``space flight operations'' with ``launch, 
reentry, or amateur rocket operations.'' The FAA intended to strengthen 
the understandability of these requirements and enhance safety in the 
affected airspace.

II. Discussion of Comments Received on the NPRM

    The 60-day comment period closed on November 2, 2015. The FAA 
received two comments from individuals regarding: (1) The use of 
ambiguous language in the proposed regulation that does not address the 
uniqueness of unmanned aircraft operations and (2) a recommendation to 
limit the length of a TFR to a narrow window of time.
    One commenter suggested that the FAA limit the length of the TFR to 
a narrow window of time not to exceed 24 hours and recommended that a 
48-hour notice be provided via NOTAM. The individual commented that any 
TFR longer than 24 hours is not temporary and should be established as 
a restricted area by rulemaking under the Administrative Procedures 
Act. This comment is outside the scope of this rulemaking because time 
limits were not proposed in the NPRM and are not addressed in the 
existing rule. The FAA notes, however, that TFRs issued under Sec.  
91.143 are established within the airspace and over a period of time 
necessary to contain the activity and ensure the safety of the NAS.
    Another commenter suggested that the use of the proposed language: 
``No person may operate an aircraft within an area . . .'' presents an 
undesirable level of ambiguity when considering unmanned aircraft and 
drones--particularly autonomously guided or preprogrammed aircraft that 
follow GPS coordinates or are otherwise not under the direct control of 
a person.
    The FAA defines the term ``operate'' broadly. Under the definition 
in Sec.  1.1, ``operate with respect to aircraft, means use, cause to 
use or authorize to use aircraft, for the purpose (except as provided 
in Sec.  91.13) of air navigation including the piloting of aircraft, 
with or without the right of legal control (as owner, lessee, or 
otherwise).'' Therefore, the term ``operate'' captures persons who 
operate the aircraft directly and those who cause an aircraft to be 
operated, whether manned or unmanned. Additionally, ``within'' as used 
in the phrase ``within an area designated for launch, reentry, or 
amateur rocket operations'' refers to the location of the aircraft, not 
the location of the operator.

III. Reason for Withdrawal

    The FAA has decided to withdraw this rulemaking because it has 
determined that this regulatory course of action requires further study 
of the changing environment of flight operations, including new 
technologies and new types of commercially viable operations. The 
proposed rule references launch, reentry, and amateur rocket 
operations, replacing the reference to ``space operations,'' which 
encompasses both launch and reentry; however, narrowing TFRs to launch, 
reentry, and amateur rockets operations without understanding the 
complete scope of all space operations could unknowingly narrow the 
applicability of TFRs. A greater understanding of current flight 
operations will serve to enhance the effectiveness of the TFRs. From an 
efficiency standpoint, the FAA strives to integrate all operations in 
the NAS, and because TFRs are necessary to provide the highest level of 
safety, the FAA is withdrawing this NPRM to better assess the scope of 
TFR regulations in the NAS. The FAA will continue to include launches, 
reentries, and amateur rocket operations under ``space operations'' in 
Sec.  91.143.

IV. Conclusion

    The FAA has determined that this regulatory course of action 
requires further study and that withdrawal of this NPRM is necessary. 
Withdrawal of Notice No. 15-07 does not preclude the FAA from issuing 
another notice on the subject matter in the future or commit the agency 
to any future course of action. The Agency will make any future 
necessary changes to the Code of Federal Regulations through an NPRM 
with opportunity for public comment.
    Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs, directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, Regulatory Planning and Review, are subject to these 
requirements.
    The FAA has evaluated this withdrawal based on the requirements of 
Executive Order 13771. Because the FAA determined that the NPRM was not 
a significant regulatory action under Executive Order 12866, the 
withdrawal of the NPRM does not constitute an Executive Order 13771 
deregulatory action. In addition, the FAA also finds that there are no 
quantifiable costs or benefits associated with this withdrawal, and may 
therefore publish this action without identifying two offsetting 
deregulatory actions. The FAA, therefore, is withdrawing Notice No. 15-
07, published in 80 FR 53033 on September 2, 2015.

    Issued under authority provided by 49 U.S.C. 106(f) and Sec.  
40103(b) in Washington, DC, on July 21, 2017.
Gary A. Norek,
Acting Director, Airspace Services.
[FR Doc. 2017-16198 Filed 8-1-17; 8:45 am]
 BILLING CODE 4910-13-P