[Federal Register: December 4, 2008 (Volume 73, Number 234)]
[Rules and Regulations]
[Page 73768-73782]
[DOCID:fr04de08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 101, 400, 401, and 420

[Docket No. FAA-2007-27390; Amendment Nos. 1-62, 101-8, 400-2, 401-6,
and 420-4]
RIN 2120-2120-AI88

Requirements for Amateur Rocket Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends amateur rocket regulations to preserve
the level of safety associated with amateur rocketry and to reflect
current industry practice. The new regulations update and align FAA
regulations with widely used advances in the amateur rocket industry,
specify the required information collected from operators of advanced
amateur rocket launches, and define amateur rocket classifications.
This action also corrects minor inconsistencies in the current rule.

DATES: These amendments become effective February 2, 2009.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule contact Charles P. Brinkman, Licensing and Safety
Division (AST-200), Commercial Space Transportation, Federal Aviation
Administration, 800 Independence Avenue, Washington, DC 20591,
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>For legal
questions concerning this final rule contact Gary Michel, Office of the
Chief Counsel, Federal Aviation Administration, 800 Independence
Avenue, Washington, DC 20591, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation Programs
describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Sections 40102, 40103, 40113-40114,
and 44701-44702. Under those sections, the FAA is charged with
prescribing regulations that govern air traffic rules on the flight of
aircraft (which include unmanned rockets). This regulation is within
the scope of that authority because it defines classes of unmanned
rockets and details the information the FAA would require to issue a
certificate of waiver or authorization to allow launching of an amateur
rocket.

Background

    Historically, the FAA relied on State and local regulation,
voluntary self-regulation, and its own analysis to fulfill its
oversight responsibility for unmanned rocket operations under part 101.
Until now, the voluntary self-regulation and State and local
regulations adequately protected the public and ensured safe operation
of amateur rockets. Amateur rocket performance continued to improve and
participation in amateur rocket launches increased significantly.
    The FAA believes these activities need appropriate regulation for
continued safe operation. This rulemaking is intended to preserve the
safety record of amateur rocket activities, address inconsistencies,
and clarify existing amateur rocket regulations.

Summary of the NPRM

    The Requirements for Amateur Rocket Activities notice of proposed
rulemaking (NPRM) published in the Federal Register on June 14, 2007
(72 FR 32816).
    The proposal added two new categories of amateur rocket operations
and amended the definitions of the existing two categories. The new
category structure would be numbered from Class 1 to Class 4. The two
new categories would be Class 3--High-Powered Rocket and Class 4--
Advanced High-Power Rockets. These two new categories would capture
amateur rockets that require significant FAA analyses to determine
whether they can be safely operated within the National Air Space
(NAS). The Class 1 and Class 2 rocket categories, meanwhile, would be
slightly modified to incorporate current definitions of model rocket
and large model rocket, respectively.
    We proposed to re-classify the existing information requirements
and operating limitations currently required before a proposed launch
for the more advanced amateur rocket activities. Low risk Class 1--
Model Rocket operators would continue to be exempt from information
requirements. Operators of Class 2--Large Model Rockets would continue
to provide their names, addresses, highest anticipated altitude,
location of the launch, date, time, and duration of the launch event.
This information enables us to take appropriate action to ensure safe
operation in the NAS.
    The notice also proposed to specify reporting practices for the new
category Class 3 and Class 4 rockets. Operators of rockets with these
characteristics generally file for a certificate of waiver or
authorization to conduct their operations. They are exempt from launch
license regulations in part 400. Operators are often contacted for
additional information when the FAA receives their waiver application.
As proposed, most, if not all, information would be submitted on the
initial waiver application, which would save the FAA and the operator's
time and expense.
    Amateur rocket regulations were written when the amateur rocket
community used mainly solid rocket motors. Now the amateur rocket

community also uses liquid propellants. We proposed to redefine amateur
rocket activity to reflect this advanced rocket environment and codify
safe practices being used by the amateur rocket community.

Summary of Comments

    The FAA received comments from 33 entities including rocketry
associations, a pilot association, and individuals. Associations
commenting on behalf of their memberships include the National
Association of Rocketry (NAR), Tripoli Rocketry Association (TRA),
Rocketry Association of California (ROC), Rocketry of Central Carolina,
and the Aircraft Owners and Pilots Association (AOPA). Many individual
commenters also identified themselves as members of these
organizations.
    In general, commenters supported the proposed requirements and
suggested several changes. The comments fall into the following
categories:
     Definition of classes for amateur rockets;
     Prohibition of amateur rocket activities within 5 miles of
an airport;
     Separation distances from amateur rocket activities and
participants, and persons or property not associated with the
activities;
     Need for the presence of someone at least 18 years old;
     Need to take measures to control any fire caused by
amateur rocket activities; and
     Specific information and notice requirements.

Discussion of the Final Rule

    Below is a more detailed discussion of the rule as it relates to
the comments we received.

Amateur Rocket Definitions

    The FAA proposes to define amateur rocket as an unmanned rocket
propelled by a motor or motors having a combined total impulse of
889,600 Newton-seconds (200,000 pound-seconds) or less, and cannot
reach an altitude greater than 150 km (93.2 statute miles) above the
earth's surface.
    The ROC commented that the value of 889,600 Newton-seconds falls in
the middle of the ``T'' impulse range, using the values in common usage
by amateur rocket hobbyists. As a result, the value in the NPRM
definition does not correspond with any natural dividing line between
impulse levels.
    The ROC recommended the FAA increase the total impulse limit for
amateur rockets from 889,600 Newton-seconds to 1,310,720 Newton-
seconds. The FAA believes the current total impulse limit represents a
reasonable boundary based on the potential performance of a rocket with
that total impulse.
    The FAA adopts the definition language in Sec.  1.1, as proposed.
    Proposed Sec.  101.22 would require an amateur rocket be launched
on a suborbital trajectory. Two individual commenters suggested the FAA
begin to consider rulemaking for amateur rockets that may go into Earth
orbit. One addressed the limit of 150 km specified in Sec.  1.1. The
second suggested the FAA re-examine the requirement that amateur
rockets be suborbital, as proposed in Sec.  101.22. The FAA believes
that 150 km is the best limit for amateur rocket launch operations. Any
rocket that goes above the 150 km altitude limit will involve licensing
issues, i.e., foreign policy, national security, and safety concerns.

Location of Amateur Rocket Regulations

    The FAA proposed to move the rules governing operation of model
rockets from Subpart A--General (Sec.  101.1) to Subpart C--Unmanned
Rockets (Sec.  101.21). This proposal would align all definitions and
operating requirements for unmanned rockets in a single subpart. We
would continue to allow model rockets to operate without FAA oversight.
We received no comments on this action. The FAA adopts this proposal
without change.

Amateur Rocket Definitions

    We proposed two new classes of amateur rockets. We defined Class 1
as an amateur rocket using less than 125 grams (4.4 ounces) of slow-
burning propellant and weighing no more than 454 grams (16 ounces)
including the propellant. We defined Class 2 as an amateur rocket using
less than 125 grams (4.4 ounces) of slow-burning propellant and
weighing no more than 1,500 grams (53 ounces) including propellant.
    The NAR, ROC, and 13 individual commenters noted that the only
difference between Class 1 and Class 2 is weight. The NAR conducted
computer flight simulations of these two classes of amateur rockets to
demonstrate the ``heavier models have far less velocity and altitude
potential.'' The NAR's flight experience with rockets meeting the
specifications of both classes indicates that both types can be flown
using the operating limitations proposed for Class 1. The NAR, as well
as the other commenters on this section, recommended combining Class 1
and Class 2 into a single classification--Class 1. The other classes
would be renumbered. Therefore, requirements specified in the NPRM for
Class 3 and Class 4 now apply to Class 2.
    The FAA created the two classes, model rocket and large model
rocket, in 1994. Since that time amateur rocket hobbyists have
established a history of safe operation for large model rockets. We
have analyzed the performance of proposed large model rockets, in light
of NAR's suggestion, and found they can cause more significant damage
to persons or property than model rockets. However, neither model
rockets nor large model rockets can affect air traffic if operated in
accordance with this regulation. Since local ordinances cover hazards
due to the reckless use of model and large model rockets on ground-
based property and persons, the FAA agrees that combining these two
classes is appropriate. Therefore, the FAA combines the proposed Class
1--Model Rocket and Class 2--Large Model Rocket into a single Class 1--
Model Rocket. We have decided the operating limitations contained in
Sec.  101.24 of the NPRM are not necessary for the combined Class 1
Model Rockets, and, therefore, proposed Sec.  101.24 is removed.
    We proposed a new Class 3--High-Power Rocket as an amateur rocket
other than a model rocket or large model rocket propelled by a motor or
motors having a combined total impulse of 163,840 Newton-seconds
(36,818 pound-seconds) or less.
    Several commenters recommended the upper limit for Class 3 be
reduced from 163,840 Newton-seconds to 40,960 Newton-seconds. They
stated this reduction would place the upper limit at the ``O'' class,
as documented in the TRA safety code. Some commenters noted that a
rocket carrying a motor above the ``O'' class, or 40,960 Newton-
seconds, could reach altitudes greater than 7,620 meters (25,000 feet).
These commenters suggest any rocket with the ability to reach greater
altitudes belongs in Class 4--Advanced High-Power Rockets.
    The FAA agrees. In addition to creating a class of rocketry that is
inconsistent with the TRA safety code, the proposal, if adopted, would
be inconsistent with the 2008 National Fire Protection Association
(NFPA) 1127 Code for High-Power Rockets. This code also addresses
rockets having total impulse up to 40,960 Newton-seconds (9,208 pound-
seconds) or ``O'' motor class. Further, most amateur rocket activities
involve rockets with a total impulse of 40,960 Newton-seconds or less.
The FAA has reconsidered this proposal and revises the criteria and
class for high-power rockets. The Class 2--High Power Rocket is defined
as having a combined total impulse of

40,960 Newton-seconds (9,208 pound-seconds).

Operating Limitations

    We proposed the following general operating limitations for amateur
rocket activities:
    An amateur rocket must be:
     Launched on a suborbital trajectory,
     Unmanned, and
     Not cross into the territory of a foreign country unless
there is an agreement between the United States and the country of
concern.
    We further included a condition that we may specify additional
operating restrictions necessary to ensure that air traffic is not
adversely affected, and public safety is not jeopardized.
    We received no comments on this section. These requirements are
adopted, as proposed, although the section is renumbered as Sec.
101.23.
    We proposed an additional operating limitation for Class 1 model
rockets in proposed Sec.  101.23. Specifically, persons operating this
class of rocket must do so in a manner that does not create a hazard to
persons, property, or other aircraft.
    No comments were received on this proposal. However, after further
review, we realize our intent was to apply this requirement to all
classes of amateur rockets. We have removed any specific reference to
Class 1 model rockets. These requirements now apply to amateur rockets
in general.

Amateur Rocket Activities Within 5 Miles of an Airport

    Proposed Sec.  101.25(b) would prohibit operating High-Power
Rockets within 8 kilometers (5 miles) of any airport boundary. We
received comments from the NAR, ROC, Rocketry of Central Carolina, and
13 individual commenters stating the proposed rule does not provide
flexibility for waiving this requirement. They commented further that
the proposal does not consider airport size, frequency of flight
operations, facilities, location, or history of safe operations, and
maintained that it is unclear whether this requirement can be waived.
    The FAA understands High-Power Rockets have a long history of safe
operation within 5 statute miles of airport boundaries and agrees such
operations should be allowed to continue, when appropriate, under a
certificate of waiver or authorization.

Separation Distances From Amateur Rocket Activities

    Proposed Sec. Sec.  101.25 and 101.26 would stipulate that, no
person may operate a high-power rocket or advanced high-power rocket
within 457 meters (1,500 ft.) of any person or property not associated
with the operation. The same separation distance exists in the current
regulation. This distance from any person or property not associated
with the operation also applies to Class 4--Advanced High-Power Rocket
(Sec.  101.26).
    Several commenters questioned the requirement regarding proposed
separation distances. One commenter requested clarification regarding
whether uninvolved public includes spectators. The commenters note the
2008 Edition of NFPA 1127, Code for High Power Rocketry, specifies
differing minimum separation distances for spectators and participants
that relate to the classifications of rocket motors. Commenters
recommended the FAA adopt the NFPA standards that establish minimum
separation distances between the launch point, spectators, and other
exposed elements of the public. Commenters also noted that both NAR and
TRA follow the safety requirements of the rocketry-related codes
published by NFPA.
    In developing this proposal, the FAA considered amateur rocketry
events and participants involved, their families and friends, and a few
casual spectators. Various rocketry groups do not include spectators in
the 1,500 feet separation distance for persons or property not
associated with the operations. In fact, the 2008 Edition of NFPA 1127
recognizes this disparity by providing separation distances for
spectators and participants that are less stringent than the existing
FAA requirement. However, we do not intend to encourage the presence of
large crowds of spectators close to the launch because their presence
would pose a significant threat to those spectators.
    Most commonly launched amateur rockets are small and their hazards
typically are also small. No serious accidents or incidents have been
reported by NAR and TRA. While there have been no reported accidents
associated with launches of larger amateur rockets, the risk associated
with a large amateur rocket launch could be considerably greater.
Participants and spectators, clearly associated with the activity, are
not required to comply with the specified separation. We retain the
provision in Sec.  101.23(b) to specify additional operating
limitations, as necessary, to ensure air traffic operations are not
adversely affected, and public safety is not jeopardized. The FAA
routinely attaches conditions to certificates of waiver or
authorization for larger amateur rocket launches specifying separation
distances greater than 1,500 feet applicable to spectators and persons
not associated with the operation.
    The FAA agrees, in principal, with the commenters' suggestion to
adopt the NFPA standard. Generally, those engaged in amateur rocket
activities have applied the 457 meters (1,500 ft.) distance requirement
to the uninvolved public. As stated in the NPRM, the FAA seeks
primarily to codify existing practice. Current amateur rocket
activities, especially those under the auspices of various rocketry
associations, have not resulted in harm to persons not associated with
the operations. The FAA believes the 1,500 feet separation distance has
served a useful purpose, and we retain this separation minimum in the
final rule for High-Power Rockets and Advanced High-Power Rockets.
    In consideration of the comments recommending the FAA adopt the
NFPA 1127 separation distance requirements, we will require an
additional separation distance from any person or property not
associated with the operation. This decision is based on the minimum
site dimensions provided in NFPA 1127. In the regulation, we instead
specify this as an equivalent separation distance assuming the launch
location is in the center of the site. This minimum separation distance
is equal to one quarter of the expected maximum altitude or 457 meters
(1,500 ft.), whichever is greater. Under normal conditions, this
requirement will be adequate to protect public safety. When greater
separation distances are required to protect spectators, the FAA will
specify additional operating limitations in any certificate of waiver
or authorization it may grant.
    The FAA believes its principal responsibility is to protect those
individuals and property not associated with the launch. This approach
differs somewhat from that taken under 14 CFR Chapter III where the FAA
counts spectators as part of the public in its risk analysis. The
rationale for this different approach reflects the good job rocketry
associations do in protecting spectators. Usually, spectators viewing
amateur rocket launches are more closely associated with the operations
than those viewing FAA-licensed launches and do not have as great a
potential for a catastrophic accident, such as loss of life or serious
injury.

Need for Presence of Someone at Least 18 Years Old

    Proposed Sec.  101.25(f) stipulates that no person may operate a
High-Power Rocket unless a person at least 18 years old is present;
that person is charged

with ensuring the safety of the operation and has final approval
authority for initiating high-power rocket flight. The NAR supported
this requirement. We received no other comments on this proposal. The
FAA adopts Sec.  101.25(f) as proposed.

Measures To Control Fire Caused by Amateur Rocket Activity

    The FAA proposed that no person may operate a High-Power Rocket
unless reasonable precautions are provided to report and control a fire
caused by rocket activity. The NAR supported the proposal and went on
to reference the NFPA 1127 Code for High Power Rocketry. Conversely,
the ROC does not believe this provision is necessary or appropriate for
codification.
    We disagree. This requirement is consistent with our mission to
ensure the safety of any person or property not associated with the
operations. In developing the proposed rule, our goal was to eliminate
duplicate requirements imposed by other Federal agencies or state or
local governments. For example, this proposal contains no explicit
requirements concerning hazardous materials because other Federal and
local laws are applicable. The proposal is intended to protect the
``uninvolved'' public, on the ground and in the air. It would not
supersede any other laws or ordinances. Operators of high-power and
advanced high-power rockets would be required to take reasonable
precautions to control and report a fire. Additionally, operators would
comply with local ordinances as applicable, because a fire in some of
the remote areas where amateur rocket launches occur could have serious
consequences. The FAA adopts Sec.  101.25(g) as proposed.

Operating Limitations for Advanced High-Power Rockets

    The FAA proposed additional operating limitations for Advanced
High-Power Rockets to ensure air traffic is not adversely affected and
public safety is not jeopardized. We received no comments on this
section. Therefore, the FAA adopts Sec.  101.26 as proposed.

Notice Requirements

    We proposed that FAA Air Traffic Control (ATC) must receive notice
requirement information no less than 24 hours before and no more than 3
days before the amateur rocket activities take place.
    Three commenters expressed concern that this proposed rule means a
temporary flight restriction (TFR) must be in place before an amateur
rocket launch can occur. The Aircraft Owners and Pilots Association
(AOPA) recommended adding clear guidance to prohibit the use of TFRs
for amateur rocket activities. Two individual commenters urged that
there be no change in the current NOTAM procedures. Another commenter
questioned the necessity of collecting personal information about
amateur rocket operators and requiring operators to apply for a
certificate of waiver or authorization before conducting amateur rocket
activities.
    The FAA stresses that the only change proposed was to the timeline
for giving information to ATC. Operators must still notify ATC no less
than 24 hours before amateur rocket activities begin. We proposed to
change the second half of the timeline from `no more than 48 hours' to
`no more than 3 days' before amateur rocket activities begin. This
change would synchronize FAA regulations with FAA Order 7930.2, Para.
4-1-1, Notice to Airmen. We did not propose changes to requirements for
NOTAMs or TFR procedures. Because we did not propose any changes, any
ban on the use of TFRs for amateur rocket activities is outside the
scope of this rulemaking.
    The information requested in the notice requirement is needed to
ensure the safety and integrity of the NAS, to issue a NOTAM, or take
other action. The FAA adopts the timeline requirements in Sec.  101.27,
as proposed. However, the title was changed to include ATC notification
for all launches.

Latitude and Longitude, Information Required 45 Days Before Rocket
Activities, and Estimated Number of Rockets

    As proposed in the NPRM under Sec.  101.27(d), no person may
operate an unmanned rocket, other than a Class 1--Model Rocket, unless
that person provides the FAA with the location of the center of the
affected area in latitude and longitude coordinates. Proposed Sec.
101.29(a)(7) lists the launch site latitude and longitude among the
detailed information requirements a person operating a High-Power
Rocket must submit to the FAA when requesting a certificate of waiver
or authorization. The information must be provided at least 45 days
before the proposed operation.
    The NAR, ROC, and eight individual commenters proposed a
modification to this notice requirement. Previous sponsors of launch
activities have submitted distances along a VOR radial to describe
their location. An individual commenter noted that his organization has
provided latitude and longitude coordinates in its certificate of
waiver or authorization applications. According to this commenter, its
organization has been asked to give the location as a VOR radial and
distance. These commenters suggest there are other acceptable methods
to locate a launch pad, such as checking distance along a VOR radial.
    We find that latitude and longitude coordinates provide the most
accurate method of fixing an exact location. Further, a latitude and
longitude location is consistent with FAA charting practices. The FAA
adopts the requirements of Sec.  101.27(d) and Sec.  101.29(a)(7), as
proposed, except these requirements are located in Sec.  101.29(a)(6).
    The NAR, TRA, ROC, and 16 individual commenters questioned the need
for the 45 days in advance of the rocket activity. An individual
commenter noted that due to uncertainties in schedules and weather,
among other things, participants in rocket launch events involving
High-Power Rockets may not know if the event is really going to occur,
if they are going to attend, and what rockets they are going to fly
until shortly before the event, the day of the event, or even during
the event. The commenter contends these last-minute changes occur for
bona-fide reasons involving matters such as wind direction and speed
and cloud cover that cannot be predicted with any assurance. The
commenter further contends rocket launch events involve multiple
participants who need to be able to have flexibility to lower their
flight plans if weather deteriorates at the last minute or raise them
if weather improves.
    The NAR and ROC cite the current practice of completing one annual
certificate of waiver or authorization for all their planned amateur
rocket events for a calendar year. That certificate describes the types
of amateur rockets typically launched at these events. The certificate
of waiver or authorization requires notification to the local ATC
facility 48 hours prior to each flight activity. The NAR and ROC
recommend adoption of requirements that reflect current practice.
    The FAA agrees. We intended to retain the current practice and have
modified the language in the final rule to do so. When requesting a
certificate of waiver or authorization, the FAA will require each
person or organization to provide the requested information at least 45
days before the proposed operation. An organization can still submit an
application for an annual certificate of waiver or authorization,
detailing the events for the coming year.

    As proposed in Sec.  101.29(a)(1), a person operating a High-Power
Rocket that requires a certificate of waiver or authorization must
provide the information requested on each rocket to be flown. The NAR,
TRA, ROC, and 12 individual commenters objected strenuously to this
provision. The ROC noted that rocketry clubs typically file a single
certificate of waiver or authorization application for the year. They
detail the dates for the event and the types of amateur rockets they
expect to be flown. What they actually fly will depend on how many
people show up, what rockets they bring with them, what the weather
conditions are, and other factors. They state that adopting the NPRM as
written would require them to complete Form 7711-2 for each rocket they
expect to fly. In the case of the ROC, this could mean deluging the FAA
with ``multiple thousands of notices.'' One commenter calculated that
for a typical weekend launch, he ``might bring 10 rockets, each of
which can be flown with one of 10 different motors, and perhaps a
similar number of pad and recovery choices, making 1,000 possible
combinations. If there are 100 fliers at the event, the waiver
documentation could be 100,000 pages.'' He then notes that Form 7711-2
requires the information to be in triplicate. All the commenters on
this issue urge that the FAA require the current practice for these
launch events--that is, an approximate number of rockets to be flown
and an aggregate of information on those rockets. That would mean the
maximum size, weight, and power to be flown, and the maximum altitude
and radius expected for these rockets.
    The FAA agrees and fully intended that current practice be
reflected in the final rule. We now state that each person or
organization must provide the information requested at least 45 days
before the proposed operation and clarify that the 45-day requirement
applies only when a certificate of waiver or authorization is
necessary. Organizations may continue to aggregate the information and
detail the maximum parameters they expect for a given event.

Information Requirement for Type of Propulsion, Fuel(s), Oxidizer(s),
Manufacturer, and Certification

    As proposed in the NPRM under Sec.  101.29(a)(2), a person
operating a Class 3--High-Power Rocket that requires a certificate of
waiver or authorization must provide the FAA information on the type of
propulsion, fuel(s), oxidizer(s), manufacturer, and certification, if
any, for the rockets.
    The NAR, TRA, ROC, and 11 individual commenters noted that
requiring information on propulsion systems, fuels, oxidizers,
manufacturers, and certifications does not contribute to preserving
safety. The commenters recommended that this requirement be stricken
entirely from the final rule. In lieu of striking the requirement, the
NAR would note that the NFPA has established standards for the
certification and production of amateur rocket motors in NFPA Code
1125, ``Code for the Manufacture of Model Rocket and High Power Rocket
Motors, 2007 Edition.'' The NAR's Standards and Testing Committee tests
motors to this standard, and NAR members can only use engines on its
ranges that have been tested and passed these standards.
    The FAA conducted more research into whether having knowledge of
these elements has an impact on safety. We found that having
information about the manufacturer and any certification of a rocket
does not increase the FAA's ability to determine the safe operation of
amateur rocket activities. However, we do need to know the type of
propulsion, fuels, and oxidizers involved because some of them are
highly explosive or toxic. Therefore, the FAA removes the manufacturer
and certification information requirement from the final rule. We
retain the propulsion, fuels, and oxidizers information requirement, as
proposed.

Description of the Launcher(s)

    As proposed in the NPRM under Sec.  101.29(a)(3), operators must
provide a description of the launcher(s) planned for their amateur
rocket activities, including any airborne platform(s).
    The NAR, TRA, ROC, and 11 individual commenters noted that
requiring a description of the launcher does not contribute to
preserving safety. They state there is no record of launcher-related
failures resulting in an unsafe flight condition, life threatening
injury, or property damage.
    The FAA disagrees because there are documented incidents where a
balloon launcher failure occurred and started a fire on the ground. In
addition, we find that having a description of the launcher adds a
safety benefit to amateur rocket activities. A launcher failure could
cause the rocket to veer in a different direction than intended. The
FAA adopts Sec.  101.29(a)(3), as proposed.

Description of the Recovery System

    As proposed in the NPRM under Sec.  101.29(a)(4), operators must
provide a description of their recovery system. The NAR, TRA, ROC, and
12 individual commenters propose this requirement be removed from the
final rule. They maintain the FAA did not explain why such information
is necessary for flight safety.
    The FAA disagrees with these comments. This information allows the
FAA to calculate the hazard area for an amateur rocket launch event.
The FAA adopts Sec.  101.29(a)(4), as proposed.

Additional Safety Procedures

    As proposed in the NPRM under Sec.  101.29(a)(8), operators must
provide any additional safety procedures that will be followed. The
NAR, TRA, ROC, and 11 individual commenters found this section to be
vague and unnecessary. Several commenters proposed this section should
be modified to make clear that flying on NAR safety codes is an
acceptable method to report this information.
    While the FAA believes the NAR and TRA safety codes contribute to
the safety of amateur rocket activities, we cannot make a blanket
requirement accepting these safety codes. The codes may change in the
future. The FAA would then be bound to whatever those changes might be.
We must have the ability to require additional information as
circumstances or technology changes might demand. The FAA adopts Sec.
101.29(a)(8), as proposed.

Miscellaneous Comments

    One commenter suggested that Sec.  101.29 be changed to require the
information listed only for those flights that exceed 25,000 feet. TRA
noted they have a precise procedure for reviewing and approving all
flights held at TRA-sanctioned events that will exceed 24,000 feet in
apogee. Since their criteria are similar to the information
requirements detailed in the NPRM, they see no need to change the rule.
The FAA disagrees because these requirements also apply to operations
not sanctioned by TRA. The FAA adopts Sec.  101.29, as proposed.
    One commenter suggested that the rule exempt Class 1 Model Rockets
from U.S. Postal Service (USPS) restrictions to allow mailing these
``common goods'' without special labeling and papers. The commenter
suggested a number of other changes to the rule to facilitate shipping
model rockets. These suggestions are outside the scope of this
rulemaking. The FAA has no authority to release amateur rocket
enthusiasts from USPS regulations, nor can we impose regulations not
associated with aviation on the USPS.

Paperwork Reduction Act

    Information collection requirements associated with this final rule
have been

approved previously by the Office of Management and Budget (OMB) under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), and have been assigned OMB Control Number 2120-0027. There is
no increase in paperwork required as a result of this rulemaking.

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 practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.

Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) 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 requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
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 with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
    We will first discuss the non-quantified benefits and then discuss
the quantified cost-savings benefits of this final rule.

Benefits

General
    This final rule provides several benefits. General benefits
provided include the updating, streamlining, and modernizing of the
existing regulations for amateur rocket activities. More specific
benefits are discussed below.
Maximum Altitude Definition
    This final rule defines a maximum altitude of 150 kilometers or
492,120 feet for amateur rockets. This allows a prospective amateur
rocket operator to determine if the proposed rocket can be classified
as an amateur rocket and thus avoid the necessity and expense of
obtaining a license. This altitude limit also provides a reasonable
margin of safety for objects that are already in orbit. Although this
final rule defines a maximum altitude for amateur rockets, for
practical purposes, it is not imposing a new altitude limit on amateur
rocket activities because the requirements of the existing rule for
burn time and ballistic coefficient, which will be eliminated under
this final rule, make it virtually impossible for an amateur rocket
launched under the existing regulations to reach the altitude defined
in this final rule.
Suborbital Requirement
    This final rule requires that amateur rockets be launched in such a
manner that they will not become orbital. The current rule has no such
specific restriction. By specifically prohibiting orbital launches of
amateur rockets, this provision of this final rule provides the benefit
of protecting existing orbital objects, such as the International Space
Station (ISS) and orbiting civil and military satellites, from a
possible collision with an amateur rocket.
Not Cross International Boundary Requirement
    The final rule requires that an amateur rocket not cross an
international boundary unless an international treaty exists that
permits such activity. We do not know of an amateur rocket sent from
the United States that crossed an international boundary. Although, the
rule will make this specific to the amateur rockets, it is generally
necessary to have some kind of international agreement in order to
cross international borders. The benefit provided by this provision of
this final rule is that it helps prevent international incidents.
Elimination of Burn Time and Ballistic Coefficient Requirements
    This final rule eliminates the existing requirements for a burn
time of less than 15 seconds and a ballistic coefficient requirement of
less than 12 pounds per square inch. The elimination of these
requirements allows amateur rocket activities to operate in accordance
with current industry practice and recognizes technological changes
since the establishment of the existing regulations. In particular, the
elimination of the burn time requirement allows for the optimum
operation of liquid rockets.
Revision of Amateur Rocket Classes
    Table B-1 shows a comparison of the existing amateur rocket classes
and this final rule's rocket classes.
    The existing amateur rocket rule has three classes of rockets:
Model rockets, large model rockets, and others. These classes were
categorized by weight of propellant, type of propellant, property of
rocket, and operation as detailed in Table B-1. The term ``other'', as
discussed in the NPRM, captures unmanned launches other than amateur
launches. These would include FAA-licensed or permitted launches, as
well as U.S. government launches.
    This final rule provides for four classes of rockets: Class 1--
Model Rockets; Class 2--High-Power Rockets; Class 3--Advanced High-
Power Rockets; and a fourth non-numbered Class--Other. The detailed
definition of these classes is shown in Table B-1.
    The benefit of this final rule's classifications is that the new
definitions are more closely aligned with current practices than are
the existing classifications. In addition, for this final rule's Class
1 rockets, the FAA is removing the notification requirement thereby
reducing the burden on those seeking to launch model rockets.
(Benefit Tables B-1 through B-3)

 Table B-1--Comparison of Existing and Final Rule Amateur Rocket Classes
------------------------------------------------------------------------
       Existing rule categories:              Final rule categories:
------------------------------------------------------------------------
Model Rockets:                           Class 1--Model Rockets:
     Uses no more than 4 ounces      Uses no more than
     (113.5 grams) of propellant.            125 grams (4.4 ounces) of
                                             propellant.
     Uses a slow-burning             Uses a slow-burning
     propellant.                             propellant.
     Is made of paper, wood, or      Is made of paper,
     breakable plastic.                      wood, or breakable plastic.
     Contains no substantial         Contains no
     metal parts.                            substantial metal parts.
     Weighs no more than 454         Weighs no more than
     grams (16 ounces), including the        1,500 grams (53 ounces)
     propellant.                             including propellant.
Large Model Rockets:
     Uses no more than 125
     grams (4.4 ounces) of propellant.
     Uses a slow-burning
     propellant.
     Is made of paper, wood, or
     breakable plastic.
     Contains no substantial
     metal parts.
     Weighs no more than 1,500
     grams (53 ounces) including
     propellant.
Other:                                   Class 2--High-Power Rockets:
     Undefined--every unmanned       A rocket other than
     rocket other than a model or large      a Class 1, propelled by a
     model rocket.                           rocket motor or motors
                                             having a combined total
                                             impulse of 40,960 N-sec
                                             (9,208 lb-sec) or less.
                                         Class 3--Advanced High-Power
                                          Rockets:
                                          Any amateur rocket
                                          other than a Class 1 or 2.
                                         Other:
                                          Any unmanned rocket
                                          that is not an amateur rocket.
------------------------------------------------------------------------

Revision of Data Collection Process
    Amateur rocket launches may require that data be provided to the
nearest air traffic facility. In addition, for the larger amateur
rockets, it may be necessary to apply for a waiver and provide the
required data. Table B-2 shows the data requirements that must be
reported to the nearest FAA air traffic control (ATC) facility.

                                    Table B-2--Amateur Rocket Notice Requirements to the Nearest Air Traffic Facility
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Existing rule                                                  Final rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Class 3--
                                Model  rockets      Large model          Other        Class 1-- model  Class 2-- high-   advanced high-       Other
                                                      rockets                             rocket        power rockets    power rockets
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notice requirements to         None............  24 hrs..........  24 hrs..........  None............  24 hrs.........  24 hrs.........  24 hrs.
 nearest ATC facility.
Operator: Name(s) and          ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
 Address(es).
Date/time the activity will    ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
 begin.
Estimated number of rockets    ................       [radic]           [radic]
 to be operated.
Estimated size and weight of   ................       [radic]           [radic]
 each rocket.
Location of the center of the  ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
 affected area.
Highest affected altitude....  ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
Duration of the activity.....  ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
Date/time/duration...........  ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
Other pertinent information    ................       [radic]           [radic]      ................      [radic]          [radic]          [radic]
 requested by the FAA.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    No person may operate an unmanned rocket, other than a Class 1--
Model Rocket, unless that person gives the information shown in Table
B-2 to the ATC facility nearest the intended operation no less than 24
hours before and no more than three days before beginning the
operation. This final rule will expand the model rocket category to
include what had been large model rockets. Previously, a person
operating a large model rocket needed to provide the information shown
on Table B-2 to the ATC facility. Notification is not required for the
expanded Class 1--Model Rocket category under this final rule.
    Table B-3 shows the information requirements for a certificate of
waiver or authorization. As is shown on the table, no certificate of
waiver or authorization is required to operate a Class 1-Model Rocket.
With the expansion of this category to include what had been large
model rockets, this final rule will reduce waiver requests.
    This final rule will eliminate the requirement to obtain a license
or permit for launches where the burn-time exceeds 15 seconds. Hence,
the proposed launches that previously required a license or permit, now
would only require a waiver or authorization from the FAA, and only if
operating beyond the limitations listed in Sec. Sec.  101.25 or 101.26.
These limitations include operating in controlled airspace and within 8
kilometers (5 miles) of any

airport boundary without prior authorization by the FAA.
    The primary difference between the information requirements in the
existing rule and the new rule is that the information previously
required as part of the request for a waiver or authorization was
identified generally as ``a detailed description of the proposed
operation.'' In practice, the type of information shown in Table B-3
was provided with the request for a waiver. However, the FAA often
needed to request more detailed information. The asterisk indicates
that the information typically is required only for more powerful or
advanced amateur rockets. Some of the informational elements are
typically not applicable for smaller rockets. The FAA believes a rule
specifying the required information will actually reduce the burden on
applicants.
    The Table B-3 entries labeled current practice are not existing FAA
regulations. By current practice we mean the FAA would typically ask
for and amateur rocket operators would submit this information before a
launch.

                                   Table B-3--Informational Requirements for a Certificate of Waiver or Authorization
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Existing rule                                              This final rule
                                 -----------------------------------------------------------------------------------------------------------------------
                                                          Large model                           Class 1--model       Class 2--high     Class 3--advanced
                                     Model rockets          rockets              Other              rocket           power rockets    high power rockets
--------------------------------------------------------------------------------------------------------------------------------------------------------
When a certificate of waiver or
 an authorization is required.
Submission of Form 7711-2 (time   No................  45 days...........  45 days...........  No................  45 days...........  45 days
 before event).
Name of organization............        [radic]             [radic]       ..................        [radic]             [radic]
Name of responsible person......  ..................        [radic]             [radic]       ..................        [radic]             [radic]
Permanent mailing address.......  ..................        [radic]             [radic]       ..................        [radic]             [radic]
FAR section and number to be      ..................        [radic]             [radic]       ..................        [radic]             [radic]
 waived.
Detailed description of proposed  ..................        [radic]             [radic]       ..................        [radic]             [radic]
 operation, such as:
Estimated number of rockets to    ..................  ..................  Current practice..  ..................        [radic]             [radic]
 be operated.
Type of propulsion (liquid or     ..................  ..................  Current practice..  ..................        [radic]             [radic]
 solid), fuel(s), and
 oxidizer(s).
Description of launcher(s)        ..................  ..................  Current practice*.  ..................        [radic]             [radic]
 planned to be used, including
 any airborne platform(s).
Description of recovery system..  ..................  ..................  Current practice *  ..................        [radic]             [radic]
Highest altitude, above ground    ..................  ..................  Current practice..  ..................        [radic]             [radic]
 level, expected to be reached.
Launch site latitude, longitude,  ..................  ..................  Current practice..  ..................        [radic]             [radic]
 and elevation.
Any additional safety procedures  ..................  ..................  Current practice..  ..................        [radic]             [radic]
 that will be followed.
Maximum possible range..........  ..................  ..................  Current practice..  ..................  ..................        [radic]
Dynamic stability                 ..................  ..................  Current practice *  ..................  ..................        [radic]
 characteristics for the entire
 flight profile.
Description of all major rocket   ..................  ..................  Current practice *  ..................  ..................        [radic]
 systems.
Description of other support      ..................  ..................  Current practice *  ..................  ..................        [radic]
 equipment necessary for safe
 operation.
Planned flight profile and        ..................  ..................  Current practice *  ..................  ..................        [radic]
 sequence of events.
All nominal impact areas within   ..................  ..................  Current practice *  ..................  ..................        [radic]
 three standard deviations.
Launch commit criteria..........  ..................  ..................  Current practice *  ..................  ..................        [radic]
Countdown procedures............  ..................  ..................  Current practice *  ..................  ..................        [radic]
Mishap procedures...............  ..................  ..................  Current practice *  ..................  ..................        [radic]
Area of operation (Location,      ..................        [radic]             [radic]       ..................        [radic]             [radic]
 altitude, etc.).
Beginning (Date and hour).......  ..................        [radic]             [radic]       ..................        [radic]             [radic]
Ending (Date and hour)..........  ..................        [radic]             [radic]       ..................        [radic]             [radic]
Area of operation (Location,      ..................        [radic]             [radic]       ..................        [radic]             [radic]
 altitudes, etc.).
Aircraft make and model.........  ..................        [radic]             [radic]       ..................        [radic]             [radic]
Sponsor of event................  ..................        [radic]             [radic]       ..................        [radic]             [radic]
Sponsor's permanent mailing       ..................        [radic]             [radic]       ..................        [radic]             [radic]
 address.
Policing (Description of          ..................        [radic]             [radic]       ..................        [radic]             [radic]
 provisions for policing event).
Emergency facilities............  ..................        [radic]             [radic]       ..................        [radic]             [radic]
Air Traffic control (Description  ..................        [radic]             [radic]       ..................        [radic]             [radic]
 of method of controlling air
 traffic).
Schedule of Events..............  ..................        [radic]             [radic]       ..................        [radic]             [radic]

Certification...................  ..................        [radic]             [radic]       ..................        [radic]             [radic]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    A positive effect of the new classifications and definitions is
that they allow for the unlicensed launching of liquid rockets at their
optimum burn rates. Today, someone who wanted to launch a liquid rocket
at its optimum burn rate would have to obtain a license that requires
complicated analyses that can cost up to $100,000. An alternative would
be to adjust the burn rate of the liquid rocket to meet the current
requirements. This alternative would result in either a reduced rocket
performance or reduced rocket safety. Therefore, this final rule
provides some potential cost savings and performance and safety
improvements.

Benefits Summary

    As discussed above, this final rule provides benefits. The major
benefits of this final rule are summarized below:
     Eliminate inconsistencies in the existing rules;
     Provide new definitions of amateur rocket categories that
would allow amateur rocket operators to more easily determine what, if
any, regulations they would have to comply with;
     Allow unlicensed launches of liquid rockets at optimum
performance levels;
     Streamline and clarify the data collection process in
cases where a proposed launch would require that the amateur rocket
operator provide data to the FAA;
     Insure amateur rocket activities would be conducted in
accordance with all international treaties;
     Insure that amateur rocket activities would not interfere
with objects in orbit.
     Provide cost savings to both amateur rocket operators and
the FAA.

Costs

Introduction
    This section shows the costs of the existing rule, the estimated
costs of this final rule, and the incremental costs of this final rule.
The incremental costs are the costs of this final rule subtracted from
the costs of the existing rule.
    The costs of both the existing and this final rule are determined
by multiplying the number of hours to perform a required task by the
hourly cost of the person performing the task. The number of hours is
estimated by the Office of Commercial Space Transportation (AST) of the
FAA. The cost of an aerospace engineer is estimated by the Office of
Policy and Plans (APO) of the FAA. The fully allocated hourly costs of
an aerospace engineer are estimated to be $81.
Existing Rule Costs
    Table C-1 shows that the total annual cost of the existing rule is
estimated to be approximately $8,886,000. This includes the costs of
Large Model Rockets and Other Rockets. No costs are estimated for Model
Rockets. The costs are based on a total of 100 notifications to the FAA
for Large Model Rockets and 200 annual waivers for Other Rockets.
Final Rule Costs
    Table C-2 lists approximately $8,378,000 as the total annual cost
of this final rule. This includes the costs of Class 2 and 3 amateur
rockets. No costs are estimated for Class 1 amateur rockets. The costs
are based on a total of 200 annual waivers, 198 for Class 2 rockets and
2 for Class 3 rockets.
    The reason for the decrease in costs for Class 1 rockets from the
existing rule to this final rule is that Large Model Rockets included
in Class 1 rockets in this final rule generally no longer will require
a notification to FAA and rarely require a waiver.
Incremental Final Rule Costs
    Our incremental cost estimate equals the total cost of this final
rule minus the total cost of the existing requirements.
    Table C-3 lists the annual incremental cost of this final rule as
about a negative $507,870. This represents a cost-saving benefit for
the final rule. The study period for the costs of this final rule is
estimated to be 10 years. The total 10-year cost savings of this final
rule is estimated to be approximately $5,080,000 in current dollars
with a present value of $3,567,000 with a discount rate of 7%. Thus, as
the incremental cost estimate results in cost savings, the benefits of
this rule exceed the costs.
BILLING CODE 4910-13-P

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BILLING CODE 4910-13-C

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' 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 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 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 is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The FAA believes that this final rule will not have a significant
negative economic impact on a substantial number of small entities.
This final rule will affect a large number of small entities. These
small entities would include the individuals, organizations, and firms
involved in launching amateur rockets. However, although this final
rule will affect a large number of small entities, it will not have a
negative economic impact because this final rule results in substantial
cost savings compared to the existing rule. Therefore, as the Acting
FAA Administrator, I certify that this final rule will not have a
significant economic impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in 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.
    This final rule will not have an impact on international trade
because it applies only to launches conducted in the United States.
This final rule will help insure that all international treaties with
respect to space and amateur rocket launches will be complied with. The
FAA has assessed the potential effect of this final rule and has
determined that it will have only a domestic impact and therefore no
affect on international trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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 an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) 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 $136.1 million in lieu of $100 million.
    This final rule does not contain such a mandate; therefore, the
requirements of Title II of the Act 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 the
distribution of power and responsibilities among the various levels of
government, and, therefore, 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 rulemaking action qualifies for the categorical
exclusion identified in paragraph 312d and involves no extraordinary
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using 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.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.

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 advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/
sbre_act/.

List of Subjects in 14 CFR Parts 1, 101, 400, 401, and 420

    Aircraft, Aviation safety, Life-limited parts, Reporting and
recordkeeping requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends parts 1, 101, 400, 401, and 420 of Title 14, Code of Federal
Regulations, as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

0
2. Add the following definition of Amateur rocket in alphabetical order
to Sec.  1.1 to read as follows:

Sec.  1.1  General definitions.

* * * * *
    Amateur rocket means an unmanned rocket that:
    (1) Is propelled by a motor or motors having a combined total
impulse of 889,600 Newton-seconds (200,000 pound-seconds) or less; and
    (2) Cannot reach an altitude greater than 150 kilometers (93.2
statue miles) above the earth's surface.
* * * * *

PART 101--MOORED BALLOONS, KITES, UNMANNED ROCKETS AND UNMANNED
FREE BALLOONS

0
3. The authority citation for part 101 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 45302, 44502,
44514, 44701-44702, 44721, 46308.

0
4. Amend Sec.  101.1 by revising paragraph (a)(3) to read as follows:

Sec.  101.1  Applicability.

    (a) * * *
    (3) Any unmanned rocket except aerial firework displays.
* * * * *

0
5. Revise Sec.  101.21 to read as follows:

Sec.  101.21  Applicability.

    (a) This subpart applies to operating unmanned rockets. However, a
person operating an unmanned rocket within a restricted area must
comply with Sec.  101.25(b)(7)(ii) and with any additional limitations
imposed by the using or controlling agency.
    (b) A person operating an unmanned rocket other than an amateur
rocket as defined in Sec.  1.1 of this chapter must comply with 14 CFR
Chapter III.

0
6. Revise Sec.  101.22 to read as follows:

Sec.  101.22  Definitions.

    The following definitions apply to this subpart:
    (a) Class 1--Model Rocket means an amateur rocket that:
    (1) Uses no more than 125 grams (4.4 ounces) of propellant;
    (2) Uses a slow-burning propellant;
    (3) Is made of paper, wood, or breakable plastic;
    (4) Contains no substantial metal parts; and
    (5) Weighs no more than 1,500 grams (53 ounces), including the
propellant.
    (b) Class 2--High-Power Rocket means an amateur rocket other than a
model rocket that is propelled by a motor or motors having a combined
total impulse of 40,960 Newton-seconds (9,208 pound-seconds) or less.
    (c) Class 3--Advanced High-Power Rocket means an amateur rocket
other than a model rocket or high-power rocket.

0
7. Revise Sec.  101.23 to read as follows:

Sec.  101.23  General operating limitations.

    (a) You must operate an amateur rocket in such a manner that it:
    (1) Is launched on a suborbital trajectory;
    (2) When launched, must not cross into the territory of a foreign
country unless an agreement is in place between the United States and
the country of concern;
    (3) Is unmanned; and
    (4) Does not create a hazard to persons, property, or other
aircraft.
    (b) The FAA may specify additional operating limitations necessary
to ensure that air traffic is not adversely affected, and public safety
is not jeopardized.

0
8. Redesignate Sec.  101.25 as Sec.  101.27 and revise it to read as
follows:

Sec.  101.27  ATC notification for all launches.

    No person may operate an unmanned rocket other than a Class 1--
Model Rocket unless that person gives the following information to the
FAA ATC facility nearest to the place of intended operation no less
than 24 hours before and no more than three days before beginning the
operation:
    (a) The name and address of the operator; except when there are
multiple participants at a single event, the name and address of the
person so designated as the event launch coordinator, whose duties
include coordination of the required launch data estimates and
coordinating the launch event;
    (b) Date and time the activity will begin;
    (c) Radius of the affected area on the ground in statute miles;
    (d) Location of the center of the affected area in latitude and
longitude coordinates;
    (e) Highest affected altitude;
    (f) Duration of the activity;
    (g) Any other pertinent information requested by the ATC facility.

0
9. Add new Sec.  101.25 to Subpart C to read as follows:

Sec.  101.25  Operating limitations for Class 2--High-Power Rockets.

    (a) You must comply with the General Operating Limitations of Sec.
101.23.
    (b) In addition, you must not operate a Class 2--High-Power
Rocket--
    (1) At any altitude where clouds or obscuring phenomena of more
than five-tenths coverage prevails;
    (2) At any altitude where the horizontal visibility is less than
five miles;
    (3) Into any cloud;
    (4) Between sunset and sunrise without prior authorization from the
FAA;
    (5) Within 8 kilometers (5 statute miles) of any airport boundary
without prior authorization from the FAA;
    (6) In controlled airspace without prior authorization from the
FAA;
    (7) Unless you observe the greater of the following separation
distances from any person or property that is not associated with the
operations applies:
    (i) Not less than one-quarter the maximum expected altitude;
    (ii) 457 meters (1,500 ft.);
    (8) Unless a person at least eighteen years old is present, is
charged with ensuring the safety of the operation, and has final
approval authority for initiating high-power rocket flight; and
    (9) Unless reasonable precautions are provided to report and
control a fire caused by rocket activities.

0
10. Add new Sec.  101.26 to Subpart C to read as follows:

Sec.  101.26  Operating limitations for Class 3--Advanced High-Power
Rockets.

    You must comply with:
    (a) The General Operating Limitations of Sec.  101.23;
    (b) The operating limitations contained in Sec.  101.25;
    (c) Any other operating limitations for Class 3--Advanced High-
Power Rockets prescribed by the FAA that are necessary to ensure that
air traffic is not adversely affected, and public safety is not
jeopardized.

0
11. Add Sec.  101.29 to Subpart D to read as follows:

Sec.  101.29  Information requirements.

    (a) Class 2--High-Power Rockets. When a Class 2--High-Power Rocket
requires a certificate of waiver or authorization, the person planning
the operation must provide the information below on each type of rocket
to the FAA at least 45 days before the proposed operation. The FAA may
request

additional information if necessary to ensure the proposed operations
can be safely conducted. The information shall include for each type of
Class 2 rocket expected to be flown:
    (1) Estimated number of rockets,
    (2) Type of propulsion (liquid or solid), fuel(s) and oxidizer(s),
    (3) Description of the launcher(s) planned to be used, including
any airborne platform(s),
    (4) Description of recovery system,
    (5) Highest altitude, above ground level, expected to be reached,
    (6) Launch site latitude, longitude, and elevation, and
    (7) Any additional safety procedures that will be followed.
    (b) Class 3--Advanced High-Power Rockets. When a Class 3--Advanced
High-Power Rocket requires a certificate of waiver or authorization the
person planning the operation must provide the information below for
each type of rocket to the FAA at least 45 days before the proposed
operation. The FAA may request additional information if necessary to
ensure the proposed operations can be safely conducted. The information
shall include for each type of Class 3 rocket expected to be flown:
    (1) The information requirements of paragraph (a) of this section,
    (2) Maximum possible range,
    (3) The dynamic stability characteristics for the entire flight
profile,
    (4) A description of all major rocket systems, including
structural, pneumatic, propellant, propulsion, ignition, electrical,
avionics, recovery, wind-weighting, flight control, and tracking,
    (5) A description of other support equipment necessary for a safe
operation,
    (6) The planned flight profile and sequence of events,
    (7) All nominal impact areas, including those for any spent motors
and other discarded hardware, within three standard deviations of the
mean impact point,
    (8) Launch commit criteria,
    (9) Countdown procedures, and
    (10) Mishap procedures.

PART 400--BASIS AND SCOPE

0
12. The authority citation for part 400 continues to read as follows:

    Authority: 49 U.S.C. 70101-70121.

0
13. Revise Sec.  400.2 to read as follows:

Sec.  400.2  Scope.

    These regulations set forth the procedures and requirements
applicable to the authorization and supervision under 49 U.S.C.
Subtitle IX, chapter 701, of commercial space transportation activities
conducted in the United States or by a U.S. citizen. The regulations in
this chapter do not apply to amateur rockets activities, as defined in
14 CFR 1.1, or to space activities carried out by the United States
Government on behalf of the United States Government.

PART 401--ORGANIZATION AND DEFINITIONS

0
14. The authority citation for part 401 continues to read as follows:

    Authority: 49 U.S.C. 70101-70121.

Sec.  401.5  [Amended]

0
15. Amend Sec.  401.5 by removing the definition of Amateur rocket
activities.

PART 420--LICENSE TO OPERATE A LAUNCH SITE

0
16. The authority citation for part 420 continues to read as follows:

    Authority: 49 U.S.C. 70101-70121.

0
17. Revise Sec.  420.3 to read as follows:

Sec.  420.3  Applicability.

    This part applies to any person seeking a license to operate a
launch site or to a person licensed under this part. A person operating
a site that only supports amateur rocket activities as defined in 14
CFR 1.1, does not need a license under this part to operate the site.

    Issued in Washington, DC, on November 24, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-28703 Filed 12-3-08; 8:45 am]

BILLING CODE 4910-13-P


Translation of testimonies in Spanish   Public hearing for revisions to NAAQS Page 1 of 5 First woman talking in Spanish:

Sandy García " Bien. Bueno, yo soy una campesina que tiene 30 años trabajando en el campo, trabajando,

poniendo la comida en la mesa y el propósito de venir aquí es porque quiero monitoreo en mi pueblo, en esas areas rurales en el condado de Tulare porque en un lado de mi pueblo está una lechería y al otro lado del pueblo está otra lechería y toda esa caca de vaca, todo el ácido que suelta los químicos que le echan a las vacas todo con que lavan las vacas todo llega a nosotros, a esas areas rurales que no hay nada, que no hay quien diga nada; entonces si no hacen monitoreo si nadien hace nada habla entonces no hay quien diga que nos estamos enfermando, si es fiebre dle valle si es de la garganta, de gripas nadie sabe porqué hay tanta enfermedad, entonces nosotros los campesinos estamos expuestos a todo ese ácido que suelta la caca de vaca y nos está afectando nuestra salud los pulmones, nuestros niños, l'agua que tomamos esta siendo afectada por lo mismo, porque va hacia los canales, entonces necesitamos nosotros campesinos que uetedes pongan algo de atención y esos monitoreos que lleguen a esos pueblos rurales donde no hay quien hable porque son pueblos chicos pero que estamos la mayoria de las personas que ponemos esta comida en la mesa."

" Good. Well, I am a farm worker who has been working in the fields for thirty years, working,

placing food in the table. And the purpose in coming here is because I want monitoring in my own town, in those rural areas in Tulare County because on one side of my town there's a dairy farm and on the other side is another dairy farm and all the excrement, all the acid that is released by the chemicals used to treat the cattle, all that they use to clean the cows, all is affecting us,

reaching those rural areas where there's nothing, where nobody says anything; then if there's no monitoring, nobody complains and tells that we're getting sick, either from hay fever or throat,

colds, nobody knows why there's so much sickness, then we field workers are exposed to all the acid coming from cow's excrement and is affecting our health, lungs, our children, the water we drink is also contaminated because it goes to the channels, then we field workers need you to pay attention and monitoring is done in these rural towns where there's no one to talk because they are small towns in which the majority of workers who put food in the table live." Translation of testimonies in Spanish   Public hearing for revisions to NAAQS Page 2 of 5 Esther Martínez Buenas tardes. Soy la señora Ester Martínez, vengo del condado de Tulare y tambien como mi compañera dice nosotros somos trabajadores del campo, yo tengo trabajando 15 años y el problema de nosotros es todo el estiercol que hay en la lecheria, vuela en el aire y eso nos contamina a nosotros porque eso es lo que respiramos. Y yo se los digo por experiencia mia, de que yo tengo 15 años trabajando en el campo y nos enfermamos de los ojos, de la piel y queremos que por favor nos oigan, que a nosotros campesinos nos oigan, que todos nos estamos enfermando, tanto los ancianos, los niños y ese aire que vuela de los trailers que pasan, que llevan toda esa suciedad vuela en el aire y uno lo suerbe. Y que ojala que nos pongan monitores porque dicen que no hace mal, si hace mucho daño, yo se los digo por experiencia mia y de mis nietos, tengo un nieto que está enfermo de asma, y la fiebre del valle se esta acumulando mucho en esa area todo ese condado esta, hay mucha gripa  (?) pero tambien estamos todos envenándonos en nuestra salud y les pedimos de favor que nos pongan un monitore en esa area porque nosotros somos campesinos y somos seres humanos y todos tenemos tristeza de que toda la gente se esta enfermando. No tenemos muchos recursos para ir al doctor para que nos de medecina. Es todo gracias.

Good afternoon. I am Ms. Esther Martinez. I come from Tulare County and as my companion has said we are field workers, I have worked for fifteen years and our problem is all the dung coming from the dairy, it flies in the air and contaminates us because we breathe that air. And I tell you this because of my own experience, because I've worked the fields for 15 years and we are getting sick in our eyes, skin, and we want you to listen, that you listen to us farmers, we are all getting sick, the elderly, the children, all the air that flies from the trucks that go by, that carry all the dirt that flies in the air and one absorbs it. And we hope that you place monitors because they say it isn't harmful, but it is very harmful, I tell you by own experience and my grandchildren, I have a grandson who is sick from asthma, and the hay fever is accumulating a lot in that area, in all that county there is a lot of flu  (?) but we are all getting poisoned in our health and we ask you to please put a monitor in that area because we're farmers and we're human beings and we're all sad because people are getting sick. We do not have the resources to go to the doctor for him to give us medications. That is all, thank you. Translation of testimonies in Spanish   Public hearing for revisions to NAAQS Page 3 of 5 Braulio Martínez Buenas tardes, mi nombre es Braulio Martínez, vengo del condado de Tulare, vengo de un pueblito que se llama Apple (?) California, tengo 15 viviendo allí y 30 años viviendo en este país y pues pedimos que por favor nos escuchen porque allá hay muchos espreyes en las plantas, en el farms completamente todo y hay bastante gente que nos estamos enfermando de asma de diferentes enfermedades y nosotros somos de recursos muy bajos que no tenemos algunos medical o alguna cosa para ir al doctor y navegamos mucho sufriendo las enfermedades.

Inclusive yo, esos espreyes que a veces espreyan los rancheros no le avisan a uno que van a espreyar y a varia gente la envenenan, como yo tengo mis ojos enfermos del 82 yo vivia en el condado de King's County y la compañia que estaba vecina a la que yo trabajaba no avisaron que iban a espreyar y yo agarré esprey y de ahi para aca yo padezco de mi cabeza a veces dolores de cabeza a veces me da rasquera y ya la infección de los ojos nunca se me ha quitado. Yo pertenezco a una asociación sear pit y quisiera que por favor nos ayude y tambien como dice mi esposa tenemos un nieto que está alérgico y nos ha dicho el doctor que está como propenso a que le pegue asma. Gracias, es todo.

Good afternoon, my name is Braulio Martínez, I come from Tulare County, I come from a little town named Apple (?) California, I have lived there for 15 years and have been in this country for 30 years and we want us to please listen to us because over there there's a lot of spraying of plants, everywhere in the farm and there's a lot of people who is getting sick from asthma, from different illnesses and we have very little resources, without Medical or something that helps us to go to the doctor and we struggle and suffer illnesses. In my case, those sprays that the farmers spray sometimes, they do not warn us that they are going to spray and several persons are poisoned by it, like myself, my eyes are bad since ' 82, I lived in Kings County and the company next to the one I was working for did not tell us they were going to spray and I caught spray and from then on I suffer from my head, sometimes headaches, sometimes I itch and the eye infection has never left me. I belong to an association ` sear pit' (?) and wish that you please help us and, as my wife said, we have a grandson who is allergic and the doctor has said that he's susceptible to asthma. Thanks, that's all. Translation of testimonies in Spanish   Public hearing for revisions to NAAQS Page 4 of 5 Santos Valenzuela Buenas tardes. Mi nombre es Santos. Yo vengo también del condado de Tulare, de un pueblo que se llama Erling (?). Este, yo, lo que yo podría decirles muchas cosas que suceden en el valle,

pero yo pienso que  que lo que mas fuerte, lo que debe suceder allí es que estas juntas sean allá para que ustedes anden en el valle, las personas pues que se encargen de esto anden en el valle y ustedes se van a dar cuenta al pasar por los files, las partes, al pasar por establos, donde a veces usted aunque lleve la puerta cerrada del auto ustedes no aguantan el aroma al pasar por un establo, al pasar por unas partes, entonces yo quisiera pedir que estas  o bien estas audiens (?)

dentro del valle, en el condado de Tulare donde el fil, pero alla cerca de donde esta el problema,

verdad, para que ustedes cuando pasen o vayan allá pues se cercioren bien que uno no viene a decir cosas que  o a hacer una cosa de que no es, para que ustedes mismos  (?)   cuando pasa un tractor o cuando tiran quimicas grandes. Yo una vez tuve una experiencia de un fulano que aventó una química en una uva verdad, y el tractorista se enojo porque algo no le habia dado algo pa' proteccion, verdad, entonces el se quejo en las partes y le hicieron un analisis a la tierra esa y el doctor no se enojo por la quimica, ni  pues se enojo con el porque no le habia pagado bien y le puso que estaba echando quimicas, verdad, entonces le hicieron un analisis a la tierra y le dijeron que  por ocho años no se podría sembrar esa tierra, nunca se supo si era acumulación a traves de tantas veces que iban aplicando esas quimicas o si la habian aplicado de un jalón.

Entonces yo tambien pediria el monitoreo de las tierras despues que se apliquen esas quimicas para que engorde la uva son quimicas muy fuertes, pues imaginate darle ocho años que no podia levantarse en esa tierra. Algo grande había ahí. Y yo pienso que de esas tierras debe haber muchas. Y es todo lo que yo les digo, que vayan pues allá al valle y pa' que vean  (?)

Good afternoon. My name is Santos. I also come from Tulare County, from a town named Erling (?). I, er, I could tell you a lot of things that occur in the valley, but I think that  the strongest,

what must happen there is that this meetings be held there so that you go through the valley, the persons in charge of this go through the valley and you will realize when you go through the fields, the parts, passing through stables, where sometimes even with the car's doors closed you cant't stand the stench when you pass by a stable, when passing by some parts, then I would like to ask that this  or this audiences (?) are inside the valley, in Tulare County, in the field, but Translation of testimonies in Spanish   Public hearing for revisions to NAAQS Page 5 of 5 over there, close to where the problem is, isn't it? So that when you pass by or go there realize that one is not here to say things  or to do things that are not, so that you yourselves  (?)

  when a tractor goes by, or when they throw large chemicals. I had once an experience of a guy who trew a chemical in a grape, true, and the tractor driver got upset because something had not given him something for protection, true? Then he complained to the parts and they analyzed that soil and the doctor was not upset because of the chemicals, or  he was upset because he wasn't well paid and wrote down that they were throwing chemicals, true, and they analyzed the soil and said that  for eight years the soil could not be used for harvesting, it was never known if it was accumulation by the many times that these chemicals were applied or if they were applied all at once. Thus I would also ask that the soil be monitored after these chemicals used to fatten the grape are applied because these are very strong chemicals, just imagine give it eight years that the soil could not be used. Something big must have been there. And I think that there are many soils like that. And that is all that I say, that you go to the valley and so you can see  (?)

Note from the translator The testimonies were translated trying to maintain the speaker's original style. In the case of Mr.

Valenzuela some sentences were hard to understand even in Spanish, but the general meaning of his statement can still be followed in the translation.