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Flight Limitation in the Proximity of Space Flight Operations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Rules and Regulations]
[Page 59751-59753]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc04-14]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2004-19246; Amendment Nos. 91-284]
RIN 2120-AI40
Flight Limitation in the Proximity of Space Flight Operations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action makes editorial changes to current FAA regulations
regarding temporary flight restrictions near space flight operations.
Specifically, this action removes references to the ``Department of
Defense (DOD) Manager for Space Transportation System Contingency
Support Operations.'' This action does not change the intent of the
existing rule.
DATES: This action is effective on November 4, 2004.
FOR FURTHER INFORMATION CONTACT: Sheri Edgett-Baron, Airspace and
Rules, Office of Systems Operations and Safety, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-9354.
SUPPLEMENTARY INFORMATION:
Availability of Final Rule
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search 
(2) Visiting the Office of Rulemaking's Web page at
http://www.faa.gov/avr/arm/index.cfm; or
(3) Accessing the Government Printing Office's Web page at
http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by submitting 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. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Justification for Proceeding Without a Notice
The FAA is issuing this action without notice and opportunity to
comment under the authority of Section 4(a) of the Administrative
Procedure Act, 5 United States Code (U.S.C.) 553(b). Section 553(b)
allows the FAA to issue a final rule without notice and comment when
the agency, for good cause, finds that notice and public procedure are
``impracticable, unnecessary or contrary to the public interest.'' In
this instance, public comment and notice are unnecessary. The change in
this final rule merely removes a reference to a department now out of
existence. This change will not have a negative effect on safety and
does not change the original intent of the rule. Because this is an
editorial change, the FAA believes the public will not have a
substantial interest in this rulemaking.
Background and Discussion of the Rule
Currently, regulations prohibit aircraft from operating within
certain areas except when authorized by Air Traffic Control (ATC) or
the DOD Manager for Space Transportation System Contingency Support
Operations. These temporary flight restricted areas are designated
according to 14 CFR 91.143 and the information made available through
the Notice to Airmen (NOTAM) system. Site launch operators and launch
licensees are required through the conditions of their license, or
their regulations, to comply with all FAA rules and NOTAMs. During the
times that a Space Flight Operation NOTAM is in effect, ATC may
authorize aircraft to fly in the designated space flight area. Any such
authorization could result in a hold for a launch operator. The ATC, as
a matter of practice, will coordinate with the entity managing the
space flight operation. Entities conducting the space flight operation
may be private or federal.
This action is an administrative update and merely removes a
reference to the Department of Defense (DOD) manager for space
transportation system contingency support operations. We have been
informed by the DOD that this office no longer exists.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advise about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site, http://www.sba.gov/advo/laws/
sbrefa.html. For more information on SBREFA, e-mail us
at 9-AWA-SBREFA#@faa.gov.
Paperwork Reduction Act
There are no new requirements for information collection associated
with this amendment. An agency may not conduct or sponsor and a person
is not required to respond to a collection of information unless it
displays a currently valid Office of Management and Budget (OMB)
control number.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practical. We have
determined there are no ICAO Standards and Recommended Practices that
correspond to these this rule.
Economic Assessment, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Executive Order 12866 directs each Federal agency to propose or
adopt a regulation only upon a reasoned determination the benefits of
the intended regulation justify its costs. Second, the Regulatory
Flexibility Act of 1980 requires agencies to analyze the economic
impact of regulatory changes on small entities. Third, the Trade
Agreements Act (19 U.S.C. 2531-2533) prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, this Trade Act also
requires agencies to consider international standards and, where
appropriate, use them as the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires
agencies to prepare a written assessment of the costs, benefits and
other effects of proposed or final rules that include a Federal mandate
likely to result in the expenditure by State, local or tribal
governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation.)
We determined this rule (1) has benefits which do justify its
costs, is not a ``significant regulatory action'' as defined in the
Executive Order and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures; (2) will not have a significant
impact on a substantial number of small entities; (3) will reduce
barriers to international trade; and (4) does not impose an unfunded
mandate on state, local, or
[[Page 59753]]
tribal governments, or on the private sector.
However, for regulations with an expected minimal impact the above-
specified analyses are not required. The Department of Transportation
Order DOT 2100.5 prescribes policies and procedures for simplification,
analysis, and review of regulations. If it is determined that the
expected impact is so minimal that the rule does not warrant a full
evaluation, a statement to that effect and the basis for it is included
in the rule. Since this rule is strictly administrative in nature
involving editorial changes that do not change the intent of the
existing rule, the expected outcome is to have a minimal impact.
Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980, establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rational for their actions. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations and
small governmental jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides that the
head of the agency may so certify and a regulatory flexibility analysis
in not required. The certification must include a statement providing
the factual basis for this determination, and the reasoning should be
clear.
This rule is an administrative change only involving editorial
changes that do not change the intent of existing rules. It deletes a
reference to the ``Department of Defense (DOD) Manager for Space
Transportation System Contingency Support Operations'' which no longer
exists. Consequently, the FAA certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. The FAA has assessed the potential effect of this rulemaking
and has determined that it will have only a domestic impact and
therefore no effect on any trade-sensitive activity.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act), is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
requires each Federal agency to prepare a written statement assessing
the effects of any Federal mandate in a proposed or final agency rule
that may result in a $100 million or more expenditure (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on
distributing power and responsibilities among the various levels of
government. Therefore, we determined that this final rule does not have
federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this final rule qualifies for the categorical exclusion
identified in paragraph 4(j) and involves no extraordinary
circumstances.
Energy Impact
The energy impact has been assessed in accordance with the Energy
Policy and Conservation Act (EPCA Pub. L. 94-163, as amended (42 U.S.C.
6362) and FAA Order 1053.1). It has been determined that this final
rule is not a major regulatory action under the provision of the EPCA.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen, Airports, Aviation safety.
The Amendment
? In consideration of the foregoing, the Federal Aviation Administration
amends Part 91 of Title 14 Code of Federal Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
? 1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506'46507, 47122, 47508, 47528-47531,
articles 12 and 29 of the Convention on International Civil Aviation
(61 stat. 1180).
? 2. Section 91.143 is revised to read as follows:
Sec. 91.143 Flight limitation in the proximity of space flight
operations.
When a Notice to Airmen (NOTAM) is issued in accordance with this
section, no person may operate any aircraft of U.S. registry, or pilot
any aircraft under the authority of an airman certificate issued by the
Federal Aviation Administration, within areas designated in a NOTAM for
space flight operation except when authorized by ATC.
Issued in Washington, DC, on September 29, 2004.
Marion Blakely,
Administrator.
[FR Doc. 04-22375 Filed 10-4-04; 8:45 am]
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