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)

Page Range		35920-35921
FR Document		2017-16198

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 Issue 147 (Wednesday, August 2, 2017)

[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.

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

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 
patrick.moorman@faa.gov.

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

35920 Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Proposed Rules

FAA proposes to remove the airway PART 71—DESIGNATION OF CLASS A, KS; INT Liberal 137° and Will Rogers, OK,
segment between the Rosewood, OH, B, C, D, AND E AIRSPACE AREAS; AIR 284° radials; Will Rogers; INT Will Rogers
VORTAC and the Revloc, PA, VOR/ TRAFFIC SERVICE ROUTES; AND 113° and Okmulgee, OK, 238° radials;
Okmulgee. From Brickyard, IN, Muncie, IN;
DME. The unaffected portions of the REPORTING POINTS to Rosewood, OH. From Revloc, PA; INT
existing airway would remain Revloc 096° and Harrisburg, PA, 285° radials;
unchanged. ■ 1. The authority citation for part 71
Harrisburg; Lancaster, PA; INT Lancaster
continues to read as follows: 095° and Yardley, PA, 255° radials; to
The remaining VOR Federal airway
amendments and removals proposed in Authority: 49 U.S.C. 106(g), 40103, 40113, Yardley.
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– * * * * *
the NPRM published in the Federal 1963 Comp., p. 389.
Register (82 FR 11859, February 27, Issued in Washington, DC, on July 26,
2017) are unchanged. § 71.1 [Amended] 2017.
All radials in the route descriptions ■ 2. The incorporation by reference in Rodger A. Dean, Jr.,
below are unchanged and stated in True 14 CFR 71.1 of FAA Order 7400.11A, Manager, Airspace Policy Group.
degrees. Airspace Designations and Reporting [FR Doc. 2017–16174 Filed 8–1–17; 8:45 am]
Points, dated August 3, 2016 and BILLING CODE 4910–13–P
VOR Federal airways are published in effective September 15, 2016, is
paragraph 6010(a) of FAA Order amended as follows:
7400.11A, dated August 3, 2016, and
Paragraph 6010(a) Domestic VOR Federal DEPARTMENT OF TRANSPORTATION
effective September 15, 2016, which is
Airways.
incorporated by reference in 14 CFR Federal Aviation Administration
71.1. The VOR Federal airways listed in * * * * *
this document would be subsequently V–2 [Amended] 14 CFR Part 91
published in the Order. From Seattle, WA; Ellensburg, WA; Moses [Docket No. FAA–2015–3304; Notice No. 15–
Lake, WA; Spokane, WA; Mullan Pass, ID;
Regulatory Notices and Analyses 07]
Missoula, MT; Helena, MT; INT Helena 119°
The FAA has determined that this and Livingston, MT, 322° radials; Livingston; RIN 2120–AK66
Billings, MT; Miles City, MT; 24 miles, 90
proposed regulation only involves an miles, 55 MSL, Dickinson, ND; 10 miles, 60
established body of technical Temporary Flight Restrictions in the
miles, 38 MSL, Bismarck, ND; 14 miles, 62 Proximity of Launch and Reentry
regulations for which frequent and miles, 34 MSL, Jamestown, ND; Fargo, ND; Operations; Withdrawal
routine amendments are necessary to Alexandria, MN; Gopher, MN; Nodine, MN;
keep them operationally current. It, Lone Rock, WI; Madison, WI; Badger, WI; AGENCY: Federal Aviation
therefore: (1) Is not a ‘‘significant Muskegon, MI; to Lansing, MI. From Buffalo, Administration (FAA), DOT.
regulatory action’’ under Executive NY; Rochester, NY; Syracuse, NY; Utica, NY;
Albany, NY; INT Albany 084° and Gardner, ACTION: Notice of proposed rulemaking
Order 12866; (2) is not a ‘‘significant MA, 284° radials; to Gardner. (NPRM); withdrawal.
rule’’ under Department of
* * * * * SUMMARY: The FAA is withdrawing a
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034; V–43 [Amended] previously published NPRM that
February 26, 1979); and (3) does not From Youngstown, OH; to Erie, PA. proposed to revise the temporary flight
warrant preparation of a regulatory * * * * * restriction (TFR) provision for space
evaluation as the anticipated impact is flight operations to make the restrictions
so minimal. Since this is a routine V–92 [Amended] applicable to all aircraft including non-
matter that will only affect air traffic From Chicago Heights, IL; to Goshen, IN. U.S. registered aircraft, instead of only
procedures and air navigation, it is From Newcomerstown, OH; Bellaire, OH; U.S. registered aircraft or aircraft flown
INT Bellaire 107° and Grantsville, MD, 285° by pilots using a FAA pilot certificate.
certified that this proposed rule, when radials; Grantsville; INT Grantsville 124° and
promulgated, will not have a significant The NPRM also proposed to amend
Armel, VA, 292° radials; to Armel.
economic impact on a substantial language for consistency with other TFR
* * * * * provisions and commercial space
number of small entities under the
criteria of the Regulatory Flexibility Act. V–133 [Amended] regulations and definitions by replacing
From INT Charlotte, NC, 305° and Barretts ‘‘space flight operations’’ with ‘‘launch,
Environmental Review Mountain, NC, 197° radials; Barretts reentry, or amateur rocket operations.’’
Mountain; Charleston, WV; to Zanesville, The intended effect of the proposed
This proposal will be subject to an OH. From Saginaw, MI; Traverse City, MI; action was to further enhance the safety
environmental analysis in accordance Escanaba, MI; Sawyer, MI; Houghton, MI; in the affected airspace and improve the
with FAA Order 1050.1F, Thunder Bay, ON, Canada; International readability of the TFR requirements.
‘‘Environmental Impacts: Policies and Falls, MN; to Red Lake, ON, Canada. The After further review of this action and
Procedures’’ prior to any FAA final airspace within Canada is excluded.
the changing technology and scope of
regulatory action. * * * * * new flight operations, the FAA
List of Subjects in 14 CFR Part 71 V–210 [Amended] determined that a better assessment of
From Los Angeles, CA, INT Los Angeles TFRs in the National Air Space (NAS)
jstallworth on DSKBBY8HB2PROD with PROPOSALS

Airspace, Incorporation by reference, 083° and Pomona, CA, 240° radials; Pomona; is needed to address present day
Navigation (air). INT Daggett, CA, 229° and Hector, CA, 263° operations; therefore, it is withdrawing
radials; Hector; Goffs, CA; 13 miles, 23 miles this NPRM.
The Proposed Amendment 71 MSL, 85 MSL, Peach Springs, AZ; Grand DATES: The FAA is withdrawing the
Canyon, AZ; Tuba City, AZ; 10 miles 90
In consideration of the foregoing, the NPRM published on September 2, 2015
MSL, 91 miles 105 MSL, Rattlesnake, NM;
Federal Aviation Administration Alamosa, CO; INT Alamosa 074° and Lamar, (80 FR 53033) as of August 2, 2017.
proposes to amend 14 CFR part 71 as CO, 250° radials; 40 miles, 51 miles, 65 MSL, FOR FURTHER INFORMATION CONTACT: For
follows: Lamar; 13 miles, 79 miles, 55 MSL, Liberal, technical questions concerning this

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Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Proposed Rules 35921

action, contact Patrick Moorman, narrow window of time not to exceed 24 strives to integrate all operations in the
Airspace Regulations Team, AJV–113, hours and recommended that a 48-hour NAS, and because TFRs are necessary to
Federal Aviation Administration, 800 notice be provided via NOTAM. The provide the highest level of safety, the
Independence Avenue SW., individual commented that any TFR FAA is withdrawing this NPRM to
Washington, DC 20591; telephone (202) longer than 24 hours is not temporary better assess the scope of TFR
267–8745; email patrick.moorman@ and should be established as a restricted regulations in the NAS. The FAA will
faa.gov. area by rulemaking under the continue to include launches, reentries,
Administrative Procedures Act. This and amateur rocket operations under
SUPPLEMENTARY INFORMATION:
comment is outside the scope of this ‘‘space operations’’ in § 91.143.
I. Overview of Notice 15–07 (NPRM) rulemaking because time limits were not
Section 91.143 of Title 14 of the Code proposed in the NPRM and are not IV. Conclusion
of Federal Regulations (CFR) authorizes addressed in the existing rule. The FAA
notes, however, that TFRs issued under The FAA has determined that this
the FAA to issue a Notice to Airmen regulatory course of action requires
(NOTAM) prohibiting a person from § 91.143 are established within the
airspace and over a period of time further study and that withdrawal of
operating any aircraft of U.S. registry or this NPRM is necessary. Withdrawal of
necessary to contain the activity and
piloting an aircraft under the authority
ensure the safety of the NAS. Notice No. 15–07 does not preclude the
of an airman certificate issued by the
Another commenter suggested that FAA from issuing another notice on the
FAA in areas designated in the NOTAM the use of the proposed language: ‘‘No
for space flight operations. By restricting subject matter in the future or commit
person may operate an aircraft within an the agency to any future course of
non-essential aircraft from the area . . .’’ presents an undesirable level
designated recovery area, the FAA action. The Agency will make any
of ambiguity when considering future necessary changes to the Code of
ensures the safe recovery of spacecraft unmanned aircraft and drones—
while mitigating the risk of an aircraft Federal Regulations through an NPRM
particularly autonomously guided or with opportunity for public comment.
collision. preprogrammed aircraft that follow GPS
On September 2, 2015, the FAA coordinates or are otherwise not under Executive Order 13771, Reducing
published an NPRM, Notice No. 15–07, the direct control of a person. Regulation and Controlling Regulatory
proposing to amend § 91.143 [80 FR The FAA defines the term ‘‘operate’’ Costs, directs that, unless prohibited by
53033] to ensure that all aircraft—not broadly. Under the definition in § 1.1, law, whenever an executive department
only U.S. registered aircraft or aircraft ‘‘operate with respect to aircraft, means or agency publicly proposes for notice
flown by pilots using an FAA pilot use, cause to use or authorize to use and comment or otherwise promulgates
certificate—are restricted from operating aircraft, for the purpose (except as a new regulation, it shall identify at
in airspace designated for launch, provided in § 91.13) of air navigation least two existing regulations to be
reentry, or amateur rocket operations. including the piloting of aircraft, with or repealed. In addition, any new
The FAA also proposed amending the without the right of legal control (as incremental costs associated with new
provision to update and clarify that the owner, lessee, or otherwise).’’ Therefore, regulations shall, to the extent permitted
FAA issues NOTAMs that designate a the term ‘‘operate’’ captures persons by law, be offset by the elimination of
TFR under § 91.143 for launch, reentry, who operate the aircraft directly and
or Class 2 or 3 amateur rocket existing costs. Only those rules deemed
those who cause an aircraft to be significant under section 3(f) of
operations, when the FAA determines a operated, whether manned or
TFR is necessary to maintain safety Executive Order 12866, Regulatory
unmanned. Additionally, ‘‘within’’ as
because technological changes have Planning and Review, are subject to
used in the phrase ‘‘within an area
resulted in an increased growth of larger designated for launch, reentry, or these requirements.
amateur rockets with greater power. The amateur rocket operations’’ refers to the The FAA has evaluated this
NPRM would also amend the language location of the aircraft, not the location withdrawal based on the requirements
of § 91.143 to align with the terminology of the operator. of Executive Order 13771. Because the
used in 51 U.S.C. Chapter 509 and the FAA determined that the NPRM was not
FAA space transportation regulations III. Reason for Withdrawal
a significant regulatory action under
and definitions by replacing ‘‘space The FAA has decided to withdraw Executive Order 12866, the withdrawal
flight operations’’ with ‘‘launch, reentry, this rulemaking because it has of the NPRM does not constitute an
or amateur rocket operations.’’ The FAA determined that this regulatory course Executive Order 13771 deregulatory
intended to strengthen the of action requires further study of the
action. In addition, the FAA also finds
understandability of these requirements changing environment of flight
that there are no quantifiable costs or
and enhance safety in the affected operations, including new technologies
and new types of commercially viable benefits associated with this
airspace.
operations. The proposed rule withdrawal, and may therefore publish
II. Discussion of Comments Received on references launch, reentry, and amateur this action without identifying two
the NPRM rocket operations, replacing the offsetting deregulatory actions. The
The 60-day comment period closed on reference to ‘‘space operations,’’ which FAA, therefore, is withdrawing Notice
November 2, 2015. The FAA received encompasses both launch and reentry; No. 15–07, published in 80 FR 53033 on
two comments from individuals however, narrowing TFRs to launch, September 2, 2015.
jstallworth on DSKBBY8HB2PROD with PROPOSALS

regarding: (1) The use of ambiguous reentry, and amateur rockets operations Issued under authority provided by 49
language in the proposed regulation that without understanding the complete U.S.C. 106(f) and § 40103(b) in Washington,
does not address the uniqueness of scope of all space operations could DC, on July 21, 2017.
unmanned aircraft operations and (2) a unknowingly narrow the applicability of Gary A. Norek,
recommendation to limit the length of a TFRs. A greater understanding of
Acting Director, Airspace Services.
TFR to a narrow window of time. current flight operations will serve to
[FR Doc. 2017–16198 Filed 8–1–17; 8:45 am]
One commenter suggested that the enhance the effectiveness of the TFRs.
FAA limit the length of the TFR to a From an efficiency standpoint, the FAA BILLING CODE 4910–13–P

VerDate Sep<11>2014 15:16 Aug 01, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 9990 E:\FR\FM\02AUP1.SGM 02AUP1

Document Created: 2017-08-02 07:09:27
Document Modified: 2017-08-02 07:09:27

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		Proposed Rules
Action		Notice of proposed rulemaking (NPRM); withdrawal.
Dates		The FAA is withdrawing the NPRM published on September 2, 2015 (80 FR 53033) as of August 2, 2017.
Contact		For technical questions concerning this 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]
FR Citation		82 FR 35920
RIN Number		2120-AK66

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

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration