[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57076-57077]
[FR Doc No: 2014-22748]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0202; FRL-9916-87]

Pentachloronitrobenzene (PCNB); Cancellation Order for Amendments
To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for amendments to terminate
uses, voluntarily requested by the registrant and accepted by the
Agency, of products containing pentachloronitrobenzene (PCNB), pursuant
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
This cancellation order follows a June 6, 2014 Federal Register Notice
of Receipt of Requests from the registrant listed in Table 2 of Unit
II. to voluntarily amend to terminate certain uses of these product
registrations. These are not the last products containing this
pesticide registered for use in the United States. In the June 6, 2014
notice, EPA indicated that it would issue an order implementing the
amendments to terminate uses, unless the Agency received substantive
comments within the 30-day comment period that would merit its further
review of these requests, or unless the registrant withdrew its
requests. The Agency did not receive any comments on the notice.
Further, the registrant did not withdraw its requests. Accordingly, EPA
hereby issues in this notice a cancellation order granting the
requested amendments to terminate uses. Any distribution, sale, or use
of the products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The amendments are effective September 24, 2014.

FOR FURTHER INFORMATION CONTACT: Jill Bloom, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0202, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency

Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    This notice announces the amendments to terminate uses, as
requested by the registrant, of products registered under FIFRA section
3. These registrations are listed in sequence by registration number in
Table 1 of this unit.

                          Table 1--PCNB Product Registration Amendments To Delete Uses
----------------------------------------------------------------------------------------------------------------
         EPA registration No.                    Product name                         Uses deleted
----------------------------------------------------------------------------------------------------------------
5481-197..............................  Technical Grade PCNB..........  African violet; azaleas; bedding plants;
                                                                         begonias; calendula; camellia;
                                                                         carnation; chrysanthemum; larkspur;
                                                                         ornamental flowering plants;
                                                                         poinsettia; roses; snapdragon; and
                                                                         sweet peas. Seed treatments on barley,
                                                                         beans, corn, cotton (acid-delinted,
                                                                         fuzzy, reginned, or mechanically-
                                                                         delinted seed), oats, peanuts, peas,
                                                                         rice, safflower, sorghum, soybeans,
                                                                         sugar beets, and wheat.
5481-8988.............................  Turfcide 10% Granular.........  Bedding plants, flowering plants,
                                                                         foliage plants, and bulb crops.
5481-8992.............................  Turfcide 4F...................  Bedding plants, flowering plants,
                                                                         foliage plants, azaleas, camellias,
                                                                         gladiolus (broadcast), and cut flowers.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address for the
registrant of the products in Table 1. The company number corresponds
to the first part of the EPA registration numbers of the products
listed above in Table 1 of this unit.

               Table 2--Registrant of the Amended Products
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            EPA company No.                  Company name and address
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5481...................................  Amvac Chemical Corporation,
                                          4695 MacArthur Ct., Suite
                                          1200, Newport Beach, CA 92660.
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III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the June 6, 2014 Federal Register notice announcing the
Agency's receipt of the requests for voluntary amendments to terminate
uses of products listed in Table 1 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of the PCNB registrations identified in
Table 1 of Unit II. Accordingly, the Agency hereby orders that the
product registrations identified in Table 1 of Unit II. are amended to
terminate the affected uses. The effective date of the amendments that
are the subject of this notice is September 24, 2014. Any distribution,
sale, or use of existing stocks of the products identified in Table 1
of Unit II. in a manner inconsistent with any of the provisions for
disposition of existing stocks set forth in Unit VI. will be a
violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment in the Federal Register of June 6, 2014 (79 FR 32730) (FRL-
9911-37). The comment period closed on July 7, 2014.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.
    Upon publication of this order, the registrant is no longer
permitted to sell or distribute the products listed in Table 1 of Unit
II. of this Notice under the previously approved labeling (that is,
labeling that includes the use sites for which the registrant has
requested termination), except for export consistent with FIFRA section
17 or for proper disposal. The registrant will be permitted to relabel
the products listed in Table 1 of Unit II. to conform with the
requested use deletions as long as the registrant has verified that the
products have been formulated from Technical PCNB that complies with
the certified limits as amended on November 23, 2011 and June 13, 2012,
and the registrant retains records demonstrating such compliance.
    Use of existing stocks of products whose labels include the deleted
uses is permitted until supplies are exhausted, provided that such use
is consistent with the terms of the previously approved labeling on, or
that accompanied, those products.

    Authority: 7 U.S.C. 136 et. seq.

    Dated: September 16, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2014-22748 Filed 9-23-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77571-77572]
[FR Doc No: 2013-30604]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2007-27043; Amdt. No. 61-132]
RIN 2120-AI77

Fees for Certification Services and Approvals Performed Outside
the United States; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is correcting a direct final rule published on April
12, 2007 (72 FR 18556). In that rule, the FAA amended its regulations
to revise the fee requirement for issuance of airman certificates. This
document amends one paragraph that unintentionally expanded the FAA's
ability to refuse issuance of airman certificates to U.S. citizens and
resident aliens, removes two paragraphs that were inadvertently left in
one subsection, and renumbers the paragraphs and revises cross-
references accordingly.

DATES: Effective December 24, 2013.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact the General Aviation and Commercial Division, AFS-
800, Flight Standards Service, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 385-
9600. For legal questions concerning this final rule contact Anne
Moore, Office of the Chief Counsel--International Law, Legislation, and
Regulations Division, AGC-240, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; facsimile<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    In 2007, the FAA published a direct final rule revising the fee
requirement of 14 CFR 61.13 for the issuance of an airman certificate
by extending the fee requirement to all applicants outside the United
States regardless of citizenship. 72 FR 18556, 18558 (Apr. 12, 2007).
The FAA is now issuing a technical amendment to Sec.  61.13 because the
revision to the fee requirement inadvertently expanded the
Administrator's authority to refuse to issue a U.S. airman certificate,
rating, or authorization to U.S. citizens and resident aliens.
Formerly, that provision had been limited to applicants who were non-
resident aliens.
    The FAA is also removing paragraphs (A) and (B) from paragraph
(a)(2)(i) because those paragraphs were inadvertently left in Sec.
61.13 due to erroneous amendatory instructions in the April 12, 2007
direct final rule. 72 FR 18558. Finally, the FAA is renumbering the
paragraphs of Sec.  61.13 and updating cross-references to reflect
these revisions.

Technical Amendment

    Section 61.13 establishes the requirements for the issuance of
airman certificates, ratings, and authorizations. Prior to issuance of
the 2007 direct final rule, Sec.  61.13(a)(2) stated that an applicant
for a certificate, rating, or authorization ``who is neither a citizen
of the United States nor a resident alien of the United States'' must
(i) show evidence of fees paid for airman certification services
outside the United States, and (ii) may be refused issuance of any U.S.
airman certificate, rating or authorization by the Administrator.\1\ In
the 2007 direct final rule, the FAA amended the Sec.  61.13(a)(2)
introductory text by removing the language which specifically applied
the section to non-U.S. citizens and non-resident aliens. The FAA
explained in the preamble that the intention of the rule change was to
ensure that fees for airman certification services outside the United
States were paid even by U.S. citizens. In changing the introductory
text to Sec.  61.13(a)(2), however, the FAA inadvertently extended the
Administrator's authority to refuse an airman certificate to all
applicants regardless of citizenship. The FAA is issuing this technical
amendment to correct this error. As amended, the Administrator's
ability to refuse an airman certificate will apply only to non-U.S.
citizens and non-resident aliens while retaining application of the fee
requirement in Sec.  61.13(a)(2) to all applicants applying outside the
United States regardless of citizenship.
---------------------------------------------------------------------------

    \1\ Under 49 U.S.C. 44703(e)(1), the Administrator may
``restrict or prohibit issuing an airman certificate to an
alien[.]''
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    The FAA is also correcting a minor error to paragraphs (A) and (B)
of Sec.  61.13(a)(2)(i). In the 2007 direct final rule, the FAA stated
in the amendatory instructions to Sec.  61.13 that it was revising the
introductory text of paragraph (a)(2) and (a)(2)(i), but did not
explicitly state it was removing paragraphs (A) and (B) of that
paragraph. As a result, paragraphs (A) and (B) of (a)(2)(i) were
inadvertently

retained. This technical edit will correct that error. In addition, the
FAA is renumbering Sec.  61.13(a)(2)(ii) as Sec.  61.13(a)(3), and
Sec.  61.13(a)(3) as Sec.  61.13(a)(4), and revising a cross-reference
in the newly created Sec.  61.13(a)(4) to reflect these changes in
numbering.
    Because the amendment corrects an error and imposes no new burden,
the FAA finds that the notice and public procedures under 5 U.S.C.
553(b) are unnecessary. Because the changes in this technical amendment
result in no substantive change, the FAA finds good cause exists under
5 U.S.C. 553(d)(3) to make the amendment effective in less than 30
days.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

0
1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 45102-45103, 45301-45302.

0
2. Amend Sec.  61.13 by revising paragraph (a) to read as follows:

Sec.  61.13  Issuance of airman certificates, ratings, and
authorizations.

    (a) Application. (1) An applicant for an airman certificate,
rating, or authorization under this part must make that application on
a form and in a manner acceptable to the Administrator.
    (2) An applicant must show evidence that the appropriate fee
prescribed in appendix A to part 187 of this chapter has been paid when
that person applies for airmen certification services administered
outside the United States.
    (3) An applicant who is neither a citizen of the United States nor
a resident alien of the United States may be refused issuance of any
U.S. airman certificate, rating or authorization by the Administrator.
    (4) Except as provided in paragraph (a)(3) of this section, an
applicant who satisfactorily accomplishes the training and
certification requirements for the certificate, rating, or
authorization sought is entitled to receive that airman certificate,
rating, or authorization.
* * * * *

    Issued in Washington, DC, under the authority provided by 49
U.S.C. 106(f), 44701(a), 44703(e) on December 18, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-30604 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]
[Page 45875-45876]
[DOCID:fr10au06-130]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54270; File No. SR-ISE-2006-34]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change and Amendment No. 1 Thereto Relating to Rule 1406, Regulatory
Cooperation

August 3, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 31, 2006, the International Securities Exchange, Inc.
(``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
On July 7, 2006, ISE filed Amendment No. 1 to the proposed rule change.
The Exchange filed the proposed rule change as a ``non-controversial''
rule change under Rule 19b-4(f)(6) under the Act,\3\ which rendered the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend ISE Rule 1406, Regulatory
Cooperation, to clarify that the Exchange may contract with another
self-regulatory organization (``SRO'') for the performance of certain
regulatory functions. The text of the proposed rule change is available
on ISE's Web site, http://www.iseoptions.com, at ISE's Office of the

Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    ISE Rule 1406 allows the Exchange to enter into agreements with
domestic and foreign SROs, associations and contract markets and the
regulators of such markets for the exchange of information and other
regulatory purposes. The Exchange proposes to amend ISE Rule 1406 to
specify that the Exchange may contract with another SRO for the
performance of certain of ISE's regulatory functions.\4\ ISE states
that such regulatory services agreements could enhance ISE's ability to
carry out its regulatory obligations under the Act.
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    \4\ The Exchange states that the proposed rule change is
identical to rule changes recently adopted by other options markets.
See, e.g., Securities Exchange Act Release No. 53832 (May 18, 2006),
71 FR 30007 (May 24, 2006) (SR-CBOE-2006-46).
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    This rule change would have immediate applicability with respect to
a regulatory services agreement (``RSA'') between ISE, the Chicago
Board Options Exchange, Incorporated (``CBOE''), and other options
markets participating in the Options Regulatory Surveillance Authority
national market system plan (``ORSA''). ISE has determined that to best
discharge its SRO responsibilities, it will contract with CBOE, which
is subject to Commission oversight pursuant to sections 6 and 19 of the
Act,\5\ for CBOE to provide certain regulatory services to ISE, as set
forth in the ORSA RSA. In performing services under the ORSA RSA, CBOE
will be operating pursuant to the statutory SRO responsibilities of ISE
under Sections 6 and 19, as well as performing for itself its own SRO
responsibilities.
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    \5\ 15 U.S.C. 78f and 15 U.S.C. 78s.
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    According to the proposed rule change, ISE remains an SRO
registered under Section 6 of the Act \6\ under any agreement for
regulatory services with another SRO and, therefore, continues to have
statutory authority and responsibility for enforcing compliance by its
members, and persons associated with its members, with the Act, the
rules thereunder, and the rules of the Exchange. The proposed rule
change specifically states that any action taken by another SRO, or its
employees or authorized agents, operating on behalf of ISE pursuant to
a regulatory services agreement with ISE, will be deemed an action
taken by ISE. Under any agreement for regulatory services with another
SRO, ISE retains ultimate responsibility for performance of its SRO
duties, and the proposed rule change states that ISE shall retain
ultimate legal responsibility for, and control of, its SRO
responsibilities.
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    \6\ 15 U.S.C. 78f.
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2. Statutory Basis
    The Exchange believes that the proposed rule change furthers the
objectives of section 6(b)(5) of the Act,\7\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. In particular, the proposal
specifies in the Exchange's rules that the Exchange may enter into
regulatory services agreements, which the ISE believes could enhance
the Exchange's regulatory program.
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    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) by its terms,
does not become operative for 30 days after the date of filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to section 19(b)(3)(A) of the Act
\8\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\9\ The Exchange
has requested that the Commission waive the 30-day operative delay
period for ``non-controversial'' proposals and make the proposed rule
change effective and operative upon filing. The Commission hereby
grants the request. The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. In this regard, the Commission believes that the
proposal should be implemented without delay because of its immediate
applicability with respect to the RSA among ISE, CBOE and the other
ORSA participants.\10\ For this reason, the Commission designates the
proposal to be effective and operative upon filing with the Commission.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ The Commission notes that the proposed rule change is based
on a similar rule of the Boston Stock Exchange, Inc. See Securities
Exchange Act Release No. 53436 (March 7, 2006), 71 FR 13194 (March
14, 2006) (SR-BSE-2006-08).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.\11\
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    \11\ See 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the
60-day period within which the Commission may summarily abrogate the
proposed rule change, as amended, under Section 19(b)(3)(C) of the
Act, the Commission considers the period to commence on July 7,
2006, the date on which the Exchange submitted Amendment No. 1.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2006-34 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ISE-2006-34. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2006-34 and should be submitted on or before August
31, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-13006 Filed 8-9-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Rules and Regulations]
[Page 38092]
[DOCID:fr31jy09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 101

Technical Amendments Concerning Amateur Rocket Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is making several editorial changes to the amateur
rocket regulations. The intent of this action is to ensure the
regulations are clear and accurate.

DATES: This amendment is effective July 31, 2009.

FOR FURTHER INFORMATION 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>
SUPPLEMENTARY INFORMATION:

Background

    On Monday, July 6, 2009 (74 FR 31842), the FAA published a
correction document to the final rule ``Requirements for Amateur Rocket
Activities''. The final rule published December 4, 2008 (73 FR 73768).
During the review process, we determined that additional minor
amendments are needed in part 101 that could not be addressed in a
correction document.
    The 2008 final rule added Sec. Sec.  101.25 and 101.26 relating to
Class 2 and Class 3 Rockets, respectively. However, to avoid
redundancy, the FAA is now moving the requirements of Sec.  101.26 into
Sec.  101.25, and revising the section title to reflect the change.
Combining the two sections provides the reader easy access to all
information relating to both Class 2 and Class 3 Rockets operating
limitations.
    Additionally, the words ``unmanned rockets'' are changed to
``amateur rockets'' in the titles of part 101 and subpart C and in
Sec. Sec.  101.1(a)(3), 101.5, and 101.7 for accuracy and clarity.

Technical Amendment

    This technical amendment merely moves an existing section to
clarify regulations and revises the part, subpart, and section headings
for clarity. There are no other changes to the existing regulatory
text.

Justification for Immediate Adoption

    Because this action moves an existing section to an existing
subpart, the FAA finds that notice and public comment under 5 U.S.C.
553(d) is unnecessary. For the same reason, the FAA finds good cause
exists under 5 U.S.C. 553(d) for making this rule effective upon
publication.

List of Subjects in 14 CFR Part 101

    Aircraft, Aviation safety.

The Amendment

0
In consideration of the foregoing, the FAA amends 14 CFR part 101 as
follows:

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

0
1. 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
2. Revise the heading of Part 101 to read as set forth above.

Sec.  101.1  [Amended]

0
3. Amend Sec.  101.1, paragraph (a)(3) by removing the words ``unmanned
rocket'' and adding the words ``amateur rocket'' in their place.

Sec.  101.5  [Amended]

0
4. Amend Sec.  101.5 by removing the words ``unmanned rocket'' and
adding the words ``amateur rocket'' in their place.

Sec.  101.7  [Amended]

0
5. Amend Sec.  101.7, paragraphs (a) and (b) by removing the words
``unmanned rocket'' and adding the words ``amateur rocket'' in their
place in both places.

Subpart C--Amateur Rockets

0
6. Revise the heading of subpart C to read as set forth above.

0
7. Revise Sec.  101.25 to read as follows:

Sec.  101.25  Operating limitations for Class 2-High Power Rockets and
Class 3-Advanced High Power Rockets.

    When operating Class 2-High Power Rockets or Class 3-Advanced High
Power Rockets, you must comply with the General Operating Limitations
of Sec.  101.23. In addition, you must not operate Class 2-High Power
Rockets or Class 3-Advanced High Power Rockets--
    (a) At any altitude where clouds or obscuring phenomena of more
than five-tenths coverage prevails;
    (b) At any altitude where the horizontal visibility is less than
five miles;
    (c) Into any cloud;
    (d) Between sunset and sunrise without prior authorization from the
FAA;
    (e) Within 8 kilometers (5 statute miles) of any airport boundary
without prior authorization from the FAA;
    (f) In controlled airspace without prior authorization from the
FAA;
    (g) Unless you observe the greater of the following separation
distances from any person or property that is not associated with the
operations:
    (1) Not less than one-quarter the maximum expected altitude;
    (2) 457 meters (1,500 ft.);
    (h) 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
    (i) Unless reasonable precautions are provided to report and
control a fire caused by rocket activities.

Sec.  101.26  [Removed]

0
8. Remove Sec.  101.26.

    Issued in Washington, DC, on July 26, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9-18278 Filed 7-30-09; 8:45 am]

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