[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Proposed Rules]
[Pages 32816-32828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11263]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 114 / Thursday, June 14, 2007 / 
Proposed Rules  

[[Page 32816]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 101, 400, and 401

[Docket No. FAA-2007-27310; Notice No. 07-06]
RIN 2120-AI88


Requirements for Amateur Rocket Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The Federal Aviation Administration (FAA) is proposing 
revisions to amateur rocket regulations and activities to preserve the 
level of safety associated with amateur rocketry. Current regulations 
are outdated and do not reflect current industry practice. This action 
would update our regulations and guidance for amateur rocket 
activities.
    We propose to change the amateur rocket classifications, the way we 
collect information from operators of advanced amateur rocket launches, 
and the format of the regulations. In addition, we propose to address 
and correct minor inconsistencies in the present rules. We would take 
this action to update our regulations and align them with advances in 
the amateur rocket industry. We would also codify certain operating 
restrictions that are already widely used but are important enough to 
be required universally.

DATES: Send your comments on or before September 12, 2007.

ADDRESSES: You may send comments, identified by Docket No. FAA-2007-
27310, using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Send comments to the Docket Management Facility; 
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at 
202-493-2251.
     Hand Delivery: Bring comments to the docket Management 
Facility in Room W12-140 of the West Building Ground Floor at 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this proposed rule contact Charles P. Brinkman, Licensing and Safety 
Division (AST-200), Commercial Space Transportation, Federal Aviation 
Administration, 800 Independence Avenue, Washington, DC 20591, 
telephone (202) 267-7715; or Ellen Crum, Office of Airspace and Rules, 
Air Traffic Organization, Federal Aviation Administration, 202-493-
4562. For legal questions concerning this proposed rule contact Gary 
Michel, Office of the General Counsel, Federal Aviation Administration, 
800 Independence Avenue, Washington, DC 20591, telephone (202) 267-
3148.

SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of this proposal and related rulemaking documents.

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 
waiver to allow launching of an amateur rocket.
    Authority for this rulemaking is derived from the FAA's mission to 
regulate commercial launch activities in such a manner as to protect 
public health and safety and safety of property.

Table of Contents

I. Background
    A. Regulatory History
    B. The Need for New Regulations.
    1. Preserve Safety
    2. Address Inconsistencies
    3. Improve Clarity
    C. Categories of Amateur Rockets
    1. Industry Categorization
    2. Current FAA Categorization
II. Comments From Public Meeting
III. Discussion of the Proposed Regulatory Requirements
    A. Part 1 Definitions and Abbreviations
    B. Part 101
    1. Section 101.1 Applicability (Subpart A--General)
    2. Section 101.21 Applicability (Subpart C--Unmanned Rockets)
    3. Operating Limitations
    4. Section 101.27 Notice requirements
    5. Section 101.29 Information requirements
    C. Proposed Changes to Chapter III
    1. Section 400.2 Scope
    2. Section 401.5 Definitions
    3. Section 420.3 Applicability
IV. Paperwork Reduction Act
V. International Compatibility
VI. Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates 
Assessment
A. Regulatory Flexibility Determination
B. International Trade Impact Assessment
C. Unfunded Mandates Assessment
VII. Executive Order 13132, Federalism
VIII. Environmental Analysis
IX. Regulations that Significantly Affect Energy Supply, 
Distribution, or Use
X. Additional Information
A. Comments Invited
B. Addresses
C. Availability of Rulemaking Documents
XI. List of Subjects in 14 CFR Parts 1, 101, 400, and 401.
XII. The Proposed Amendment

I. Background

A. Regulatory History

    Regulations governing unmanned rockets are found in Title 14 of the 
Code of Federal Regulations (14 CFR), Chapter I, part 101 and Chapter 
III, parts

[[Page 32817]]

400 through 499. The definitions of rocket and amateur rocket 
activities are found in 14 CFR 1.1 and 401.5, respectively.
    In 1963, the Federal Government added the first regulations 
applying to the operations of unmanned rockets to 14 CFR part 101. Part 
101 governs the safe operation of unmanned rockets in the National 
Airspace System (NAS). It requires the advance notice to and approval 
by the FAA for some rocket launches. The regulations ensure the safety 
of aircraft flying in the airspace and the safety of persons and 
property close to the launches. In 1963, the focus was on risks to 
persons and property near the launches. This was a reasonable focus 
because the model rockets did not have a great potential for creating 
hazards far from their launch points.
    In 1984, Congress passed the Commercial Space Launch Act (CSLA), as 
codified and amended at 49 U.S.C. Subtitle IX--Commercial Space 
Transportation, chapter 701, Commercial Space Launch Activities, 49 
U.S.C. 70101-70121. 65 FR 63922 (Oct. 25, 2000). The CSLA directs the 
Department of Transportation and thus the FAA, through delegations, to:
     Oversee, license, and regulate commercial launch and 
reentry activities and the operation of launch and reentry sites as 
carried out by U.S. citizens or within the United States,
     Exercise this responsibility consistent with public health 
and safety, safety of property, and the national security and foreign 
policy interests of the United States,
     Promote commercial space launches by the private sector, 
and
     Implement regulations in furtherance of the CSLA.
    In 1988, we issued the ``Commercial Space Transportation Licensing 
Regulations''. Section 401.5 defined amateur rocket activities and 
exempted launches of limited performance rockets from licensing 
requirements. Amateur rocket activities are defined as rocket activity 
that meets all of the following conditions:
     Are conducted at a private site,
     Are powered by a motor or motors with a total impulse of 
200,000 pound-seconds or less,
     Have a total burning or operating time of less than 15 
seconds, and
     Have a ballistic coefficient of less than 12 pounds per 
square inch. (Ballistic coefficient is defined as the gross weight in 
pounds divided by the frontal area of the rocket vehicle.)
    Neither the CSLA nor its legislative history revealed any intent by 
Congress for amateur rocket activities, which then were conducted 
primarily for recreational or educational purposes, to be licensed. 
Although the term amateur was used, and the majority of activity was 
not done for profit, the regulatory definition did not contain any 
provisions concerning financial interests.
    In 1992, the National Association of Rocketry (NAR) and the Hobby 
Industry Association (HIA) petitioned the FAA to raise the upper weight 
limit on model rockets from 16 ounces (454 grams) to 53 ounces 
(approximately 1,500 grams). This request addressed the rapid 
development of larger model rockets. In response, the FAA amended part 
101 to include a large model rocket category. The FAA acknowledged that 
organized rocket groups had done an admirable job in monitoring and 
preserving safety in launch activities. It also recognized that the 
larger model rockets posed a greater risk of collision with general 
aviation aircraft and a greater hazard to persons and property on the 
ground.
    In 1995, the Commercial Space Transportation organization and its 
responsibilities were transferred from an Office under the DOT to a 
Line of Business under the FAA as the Office of Commercial Space 
Transportation (AST). The change in structure did not affect 
operations; AST continued to regulate rocket launches in the same 
manner as before.
    The FAA, as a whole, regulates unmanned rocket activities through 
its Air Traffic and Commercial Space Transportation organizations. Air 
Traffic grants requests for airspace waivers and takes appropriate 
actions, such as issuing Notices To Airmen (NOTAMS). FAA Order 7400.2F 
contains operating procedures for Commercial Space Transportation to 
review rocket activities--specifically those operations where the 
maximum altitude is greater than 25,000 feet above ground level (AGL).
    Regulations for licensed launches are found in 14 CFR parts 101 and 
400 through 499, whereas regulations governing amateur rocket activity 
are found in 14 CFR part 101. Launches conducted by other U.S. 
Government agencies for the U.S. Government are not subject to FAA 
licensing requirements.

B. The Need for New Regulations

    Historically, the FAA has 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. 
The voluntary self-regulation has been carried out by the organizations 
sponsoring these activities. When we amended part 101 in 1994, we 
included provisions for large model rockets. The voluntary self-
regulation and state and local regulations were effective for purposes 
of protecting public safety for model and large model rockets. However, 
amateur rocket performance has continued to improve and participation 
in amateur rocket launches has increased significantly. Therefore, the 
once remote possibility of an accident or incident resulting from 
amateur rocket activities has become more likely. The FAA now believes 
these activities need regulation appropriate 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.
1. Preserve Safety
    The FAA currently receives airspace waiver requests for launches of 
rockets that can reach 328,000 feet (100 kilometers) or more. These 
launches are approaching altitudes where they could pose a threat to 
objects in orbit. The capability of rockets has advanced to a level far 
greater than contemplated by existing regulation. We believe any rocket 
launch that could potentially impact United States or international 
orbital assets should not be classified as an amateur rocket nor 
exempted from regulation. We propose to restrict amateur rocket 
activity to address this concern.
    A rocket that flies higher can also travel further. Current 
regulations place no restrictions on range, and unintentionally allow 
amateur launch activities to expose a foreign country's persons and 
property to risk. The FAA believes that any rocket launch with 
potential foreign policy implications should not be classified as an 
amateur rocket activity nor exempted from regulation. We propose to 
restrict amateur rocket activity to address this concern.
    The FAA has identified a need to receive technical data from 
operators of large amateur rockets in their initial applications to 
ensure public safety is maintained. The FAA protects people and 
property from the dangers of advanced rocket operations by using hazard 
areas and operating limitations. A hazard area is any region where 
there is a significant potential for harm from the rocket activity. 
Access to a hazard area is controlled or monitored by the operator (or 
by others through agreements) to protect the uninvolved public. To 
calculate these hazard areas and operational limitations, technical 
information about the rocket and its

[[Page 32818]]

operations is needed. Currently, the waiver application process 
requires repeated correspondence between the applicant and the FAA to 
get the necessary information. This iterative process reduces the time 
available to the FAA to do analyses, and increases the chance of 
determining either an insufficient or excessive hazard area. Some 
recent amateur rocket launch attempts to reach 328,000 ft (100 km) have 
failed resulting in debris landing outside the calculated hazard areas. 
Hazard areas that are inaccurately defined can pose a risk to the 
public. The FAA proposes to collect the necessary information from 
operators of large amateur rockets as part of the waiver application. 
This would allow us to determine more accurate hazard areas without 
repeated requests for information.
    The amateur rocket regulations were written when the amateur rocket 
community used mainly solid rocket motors. Since then the amateur 
rocket community has developed rocket engines that use liquid 
propellants. We propose to redefine amateur rocket activity to reflect 
this advanced rocket environment.
    In addition, the FAA intends to update its regulations by codifying 
public safety practices that are already widely used.
2. Address Inconsistencies
    The current regulations applicable to amateur rocket activities are 
inconsistent. For example, language in Sec.  101.22(b) restricts 
operations ``* * * within 5 miles of an airport runway * * *'' Similar 
language in Sec.  101.23(c) restricts operations ``* * * within five 
miles of the boundary of any airport.'' The FAA proposes to clarify and 
bring consistency to these regulations.
    The current regulations are also inconsistent with current guidance 
and practice. Section 101.25 is inconsistent with FAA ATC Order 
7930.2J, Sec. 4-1-1. The regulation requires that a person give 
information to FAA Air Traffic Control (ATC) ``* * *no less than 24 
hours prior to and no more than 48 hours prior to beginning the 
operation.'' However, the FAA Order allows acceptance of the required 
information ``* * *provided the occurrence is no more than 3 days in 
the future.'' The FAA uses this information to create a Notice to 
Airmen (NOTAM).
    In addition, the information currently given to ATC under Sec.  
101.25(c) is not precisely what the Air Traffic Organization uses to 
issue a NOTAM. For example, the size, weight, launch point, and number 
of rockets are not used to issue a NOTAM. However, the affected area, 
the center of its location (which is not always the same as the launch 
point), and the affected altitudes (from ground to the apogee of the 
highest-performing rocket) are required to determine boundaries for the 
NOTAM. By using specific terminology (for example, affected altitudes 
as opposed to highest altitude), the FAA would remove ambiguity and 
make consistent its use of terms.
    The FAA's definition of ballistic coefficient is inconsistent with 
the industry definition. The definition of ballistic coefficient used 
currently by the FAA is weight divided by frontal area. However, 
ballistic coefficient (shown by the Greek letter [beta]) is commonly 
defined in the aerospace technical literature as the weight divided by 
the product of the frontal area and a drag coefficient, such that
[GRAPHIC] [TIFF OMITTED] TP14JN07.019

.The FAA's current definition of ballistic coefficient ignores the 
shape of the rocket's nose cone (represented mathematically by the drag 
coefficient CD). This inconsistency with the engineering community 
makes the existing requirement confusing and ignores the importance of 
nose cone shape. The FAA proposes changes to its regulations that would 
address this inconsistency.
3. Improve Clarity
    Currently, the industry and FAA categorize rockets differently. 
This is because their categories served different purposes. The details 
of this are explained in a later section. However, using similar 
categories would improve clarity.
    The amateur rocket regulations are written in multiple unit 
systems. The FAA prefers a consistent use of unit systems, and would 
use this rulemaking to denote both English and metric units on all 
terms.

C. Categories of Amateur Rockets

    Rocket organizations and federal regulatory agencies use different 
categories and definitions to define amateur rocketry. Industry uses 
rocket categories to set operating procedures for amateur rocket events 
and for self-regulation. Likewise, it is important for the FAA to 
categorize amateur rocket activities into groups because different 
types of rockets have different effects on public safety.
1. Industry Categorization
    Rocket organizations such as the National Association of Rocketry 
(NAR) and the Tripoli Rocketry Association (TRA) divide rockets into 
categories of model, high-power, and experimental.\1\ A significant 
difference among these categories is total impulse. Total impulse is 
calculated by multiplying the average thrust (propulsive force) of a 
rocket motor by the total burn time. Total impulse is a good measure of 
rocket power and is commonly expressed in Newton-seconds (N-sec) or 
pound-seconds (lb-sec). The rocket organizations classify motors 
according to total impulse, and categorize them alphabetically, as 
shown in Table 1. Each category is described below.
---------------------------------------------------------------------------

    \1\ The NAR and the TRA are two major rocket organizations. Each 
has a safety code to protect its members and the public during 
rocket activities. The NAR and the TRA safety codes were originally 
developed from safety codes published by the National Fire 
Protection Association (NFPA), Batterymarch Park, Quincy, 
Massachusetts. The NFPA has published two safety codes for rocketry: 
(1) NFPA 1122, which covers model rocketry, and (2) NFPA 1127, which 
covers high-power rocketry. NFPA 1127 includes requirements for 
rocket construction, launch sites and launches, and requirements for 
rocket motor use including motor testing and certification. All 
participants in NAR- and TRA-sanctioned launch events promise to 
follow their respective safety codes.

       Table 1.--Range of Total Impulse for Specified Motor Class
------------------------------------------------------------------------
      Installed total impulse (N-sec)          Equivalent motor class
------------------------------------------------------------------------
0-2.50....................................  A
2.51-5.00.................................  B
5.01-10.00................................  C
10.01-20.00...............................  D
20.01-40.00...............................  E
40.01-80.00...............................  F
80.01-160.00..............................  G
160.01-320.00.............................  H
320.01-640.00.............................  I
640.01-1280.00............................  J
1280.01-2560.00...........................  K
2560.01-5120.00...........................  L
5120.01-10,240.00.........................  M
10,240.01-20,480.00.......................  N
20,480.01-40,960.00.......................  O
40,960.01-81,920.00.......................  P
81,920.01-163,840.00......................  Q
------------------------------------------------------------------------

    Model rockets make up the low-power end of amateur rocket activity, 
and are comprised of all rocket motors from A through G. Model rockets 
typically are made of paper, wood, or breakable plastic and contain no 
substantial metal parts.
    High-power rockets are the next level up from model rocketry and 
encompass rocket motor classes H through O, or 160 to 40,960 N-secs 
(35.97 to 9208 lb-sec). Some of these vehicles have sophisticated 
electronics to open parachutes or ignite added stages. Operators of 
high-power rockets are usually associated with either NAR or

[[Page 32819]]

TRA, and are obliged by their membership to follow the associated 
safety codes of those organizations.
    A rocket using non-certified solid rocket motors, an engine using a 
liquid oxidizer and fuel, or a solid rocket motor or motors producing 
more than 81,920 N-sec (18,409 lb-secs) of total impulse have sometimes 
been labeled experimental by various rocketry organizations. 
Experimental rocketry is a relatively small part of amateur rocket 
activities as most hobbyists lack expertise and manufacturing ability 
to design and build higher-powered solid or liquid rocket engines.
2. Current FAA Categorization
    Currently, the FAA defines and categorizes unmanned rocketry into 
three groups: Model rockets, large model rockets, and ``Other''--
everything within unmanned rocketry that falls outside the first two 
categories. The FAA distinguishes categories by the weight of 
propellant used, total weight of the rocket, and the manner in which 
the rocket is operated.

Model Rockets

    In the applicability section, specifically Sec.  101.1(a)(3)(ii), 
model rockets are exempt from all remaining part 101 regulations. This 
is any model rocket that:
    (a) Uses not more than four ounces of propellant;
    (b) Uses a slow-burning propellant;
    (c) Is made of paper, wood, or breakable plastic, and contains no 
substantial metal parts;
    (d) Weighs not more than 16 ounces, including the propellant; and
    (e) Is operated in a manner that does not create a hazard to 
persons, property, or other aircraft.

Large Model Rockets

    Large model rockets are defined by the FAA in Sec.  101.22 as model 
rockets that meet the following conditions:
    (a) Uses not more than 125 grams of propellant;
    (b) Is constructed of paper, wood, or breakable plastic, and 
contains no substantial metal parts; and
    (c) Weighs not more than 1,500 grams (including propellant).
    If the operator of a large model rocket complies with all 
provisions of Sec.  101.25 (ATC Notice Requirements), then the operator 
is exempt from Sec.  101.23 (b), (g) and (h). These are the operating 
restrictions on entering controlled airspace, operating within 1,500 
feet of any unassociated person or property, and operating between 
sunset and sunrise, respectively. An operator is also exempt from Sec.  
101.23(c) (operating within 5 miles of an airport runway) if the 
operator provides a copy of the notification required by ATC to the 
airport manager. Finally, if launching into restricted airspace, only 
Sec.  101.23(g) (1,500 ft setback distance) applies.

``Other''--Any unmanned rocket that cannot be categorized as a Model 
Rocket or a Large Model Rocket

    The FAA defines only the two previous categories of rockets under 
part 101. Nevertheless, all other unmanned rocket activity that falls 
outside these categories is covered under part 101, and must comply 
with all operating limitations in Sec.  101.23 and ATC Notice 
Requirements in Sec.  101.25. The only exception to the operating 
limitations in Sec. Sec.  101.23 and 101.25 is if launching into 
restricted airspace. In this case only the 1,500-foot setback distance 
in Sec.  101.23(g) for unassociated people and property applies.

II. Comments from Public Meeting

    On February 28, 2000, the FAA began a two-week public forum on the 
Internet to invite comments and information from the public on 
regulating launches of small-scale rockets. (At the time, the FAA was 
considering changing the term amateur to small-scale.) The two-week 
online forum was followed by two weeks of written comments to a docket. 
The online public forum was conducted instead of an Advanced Notice of 
Proposed Rulemaking (ANPRM) or more traditional public meetings. The 
FAA posed the following questions:
     Does defining amateur rocket activity accurately and 
adequately exclude from FAA regulatory and licensing scrutiny those 
activities thought to be either inherently safe, or adequately covered 
by state, local, or Federal regulation?
     If not, what would be a better definition?
     Should there be a category of launch activity that would 
not be licensed but would have certain regulatory requirements imposed 
by the FAA?
     If so, what should those requirements address?
    About 35 people took part in the online discussion, which produced 
over 150 pages of text. Six more comments were received during the 
written comment period.
    The preliminary conclusion of the public online forum was the 
current definition of amateur rocket activity was inadequate--it did 
not exclude some activities from FAA regulatory scrutiny that might be 
inherently safe.\2\ Although several ideas were expressed about what 
factors should be part of a definition, there was no consensus about 
what amateur rocket activity should encompass.
---------------------------------------------------------------------------

    \2\ The online participants intended the phrase ``inherently 
safe'' to mean safe for the public, or adequately covered by state, 
local or other Federal regulation.
---------------------------------------------------------------------------

    The written comments from the public forum are available at http://dms.dot.gov/; docket number FAA-1999-6574. To find it, enter the last 
four digits of the docket number into the search box.

III. Discussion of the Proposed Regulatory Requirements

    The following sections describe in detail the rationale for the 
proposed regulations. This rationale is intended to serve as a guide 
and add clarity to the meaning of the regulations. The proposed changes 
are addressed in numerical order, and each consists of a description of 
the change followed by the rationale for the change.

A. Part 1 Definitions and Abbreviations

    The FAA proposes to move and change the definition of amateur 
rocket activities. We would move the definition of amateur rocket 
activities from Sec.  401.5 to Sec.  1.1 under the term amateur rocket. 
We would change the definition to read as follows:
    An amateur rocket is a rocket that:
     Is propelled by a motor or motors having a combined total 
impulse of 889,600 N-sec (200,000 lb-sec) or less, and
     Cannot reach an altitude greater than 150 kilometers (93.2 
statue miles) above the earth's surface.
    Further, we would add the following operating limitations to part 
101:
     Is launched on a suborbital trajectory;
     When launched, must not cross into the territory of a 
foreign country unless there is an international agreement permitting 
such activity; and
     Is unmanned.
    We believe these parameters and operating limitations better 
reflect those operations that should be exempt from the part 400 
licensing or permitting process than the parameters used today. The 
proposed definition of amateur rocket keeps the same total impulse 
criterion as in the current definition, discards the criteria of 
private site, burn time, and ballistic coefficient, and adds an 
altitude restriction. New operating limitations would require that 
amateur rocket launches be suborbital, not reach foreign territories, 
and be unmanned.

[[Page 32820]]

Total Impulse

    The FAA proposes to keep the current total impulse limit for 
amateur rocketry. We would keep the value of 200,000 lb-secs, which 
converts to 889,600 N-sec, as the cutoff point because it best 
describes the launch vehicle size, power, performance, and the 
potential public safety impacts. It has also been used successfully for 
over 18 years.

Maximum Altitude

    The FAA believes that a rocket able to exceed an altitude of 150 km 
(93.2 miles) would not be an amateur rocket. Therefore, we propose to 
add this altitude limit to the definition. This would ensure an amateur 
rocket will not affect manned spacecraft and would virtually ensure 
that it will not affect any operational satellites. Space shuttle 
history shows a lowest orbit of 226 km (141.2 miles). The international 
space station maintains a minimum altitude of 310 km (193.7 miles). 
Based on our analysis of catalogs of all orbiting objects, there are 
approximately 9 to 11 active satellites with perigees lower than 150 
km. Because there are so few active satellites orbiting below 150 km, 
the FAA believes allowing amateur rocket launches to reach 150 km does 
not create an unacceptable hazard. Rocket operations exceeding 150 km 
could pose a threat to operational spacecraft and should be subject to 
the licensing or permitting process.

Suborbital Trajectory

    The FAA proposes that amateur rocket launches be limited to 
suborbital trajectories. Although the maximum altitude restriction of 
150 km (93.2 miles) should preclude the launch from placing an object 
into orbit, we want to remove any possibility that an object can reach 
orbit.

Foreign Territory

    The FAA proposes that amateur rockets not be launched in a manner 
where they could reach foreign territory unless an agreement is in 
place between the United States and the foreign government. This 
restriction would eliminate any potential international implications 
associated with amateur rockets. Rockets with international 
implications should not be considered amateur nor be exempt from the 
licensing or permitting process.

Unmanned

    The FAA proposes that amateur rockets be unmanned. In 2004, 
Congress legislatively ordered that manned launches require a license 
or a permit (Commercial Space Launch Amendments Act). The proposed 
requirement ensures compliance with this Act.

Burn Time

    The FAA proposes to remove burn time as a criterion for 
distinguishing amateur rockets from non-amateur rockets. This criterion 
is inappropriate for two reasons.
    First, burn time should no longer be used to determine risk 
qualitatively because of the introduction into the amateur rocket 
community of rocket engines that use liquid propellants. When the 
regulations were originally written, rockets with similar burn times 
generally had similar designs. The burning rates of solid propellants 
used by the amateur community (excluding model rockets) did not vary 
significantly from one propellant to another. Rockets with similar burn 
times most likely had similar amounts of propellant and potential 
energy. This is no longer the case. One important difference between 
rockets that operate using liquid propellants (informally, liquid 
rockets) and rockets that operate using solid propellants (informally, 
solid rockets) is the former can be throttled. Liquid rockets typically 
have valves for controlling the flow of liquid into the combustion 
chamber. This allows the operators to regulate their use of propellants 
as necessary. Because of this flexibility, the burn time of a liquid 
rocket does not necessarily correspond to its potential energy. This 
difference argues that burn time should not be used as a criterion to 
determine the potential safety aspects of a liquid rocket.
    The second reason for removing burn time as a criterion is that 
current regulations unnecessarily drive rocket design. In order to 
ensure that amateur rockets stay under the burn time limit, and thus 
remain amateur, while maximizing performance, operators have introduced 
design elements, such as increased thrust and acceleration that 
introduce a safety concern. Operators of liquid rockets have faced 
similar pressures when designing their flight paths, and have often 
opted for less safe, higher-acceleration burns for the same reasons. 
Higher accelerations on a rocket can make failures more common, as the 
stresses involved are larger.

Ballistic Coefficient

    The FAA proposes to remove ballistic coefficient as a criterion for 
several reasons:
    1. A rocket with a ballistic coefficient of less than 12 lbs/in \2\ 
can still impact with enough kinetic energy and explosive potential to 
be dangerous. Therefore, the restriction does not noticeably contribute 
to safety.
    2. The goal of restricting certain parameters is containment within 
a specified area to minimize risk to the public. By explicitly 
restricting the altitude (150 km) and indirectly restricting the range 
(no foreign territory) of a rocket, we would more directly capture the 
intended result making the restriction on ballistic coefficient 
unnecessary.
    3. The existing definition of ballistic coefficient used by the FAA 
is inconsistent with the definition common to the field of 
aerodynamics. This inconsistency makes the existing requirement 
confusing and ignores the importance of shape.

Private Site

    The FAA proposes to remove from the definition of amateur rocket 
the requirement to launch from a private site. This is because public 
safety issues do not depend on this distinction. This restriction 
unnecessarily burdens both the amateur rocket operator and the FAA.
B. Part 101
1. Section 101.1 Applicability (Subpart A--General)
    The FAA proposes to move the rules governing the 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 pertaining to unmanned rockets in a single 
subpart. We would continue to allow model rockets to operate without 
FAA oversight.
2. Section 101.21 Applicability (Subpart C--Unmanned Rockets)
    The FAA proposes to clarify part 101 by adding two new categories 
of amateur rocket operations and amending the definitions of the 
existing categories. We propose to number these categories from Class 1 
to Class 4. The two new categories would be Class 3 (high-power rocket) 
and Class 4 (advanced high-power rocket). Class 1 and Class 2 rockets 
would be defined using the current definitions of model rocket and 
large model rocket, respectively. The new categories capture amateur 
rockets that require significant analyses or operational constraints to 
preserve safety.

Class 1--Model Rockets

    The proposed Class 1-Model Rockets category takes the place of the 
current model rocket category with roughly the same definition. Class 1 
would be defined as an amateur rocket using less

[[Page 32821]]

than 125 grams (4.4 ounces) of slow-burning propellant, made primarily 
of paper, wood, or breakable plastic, containing no substantial metal 
parts, and weighing no more than 454 grams (16 ounces), including the 
propellant. This definition differs from the existing definition in two 
ways--maximum propellant weight and operating limitations.
    The maximum propellant weight would be increased from the existing 
4 ounces to 4.4 ounces, and metric units would also be included in the 
regulatory text. This change would be made to close the gap in 
propellant weight between Class 1 and Class 2 rockets. The small 
increase in maximum propellant weight would not pose an increased risk 
to the public.
    The existing definition also contains an operating limitation. A 
model rocket is defined as a rocket ``operated in a manner that does 
not create a hazard to persons, property, or other aircraft.'' However, 
definitions that include operating limitations can be confusing. For 
example, a model rocket is a model rocket whether it is operated safely 
or not. We would keep the operating limitation, but would move it 
outside the categorical definition.

Class 2--Large Model Rockets

    The proposed definition of Class 2--Large Model Rockets would, like 
Class 1, move the operating restrictions from the definition to another 
area of the regulations. With this change, proposed Class 2 would only 
differ from Class 1 in maximum total weight. Class 2 would continue to 
allow up to 1,500 grams (53 ounces), including propellant, in contrast 
to 454 grams (16 ounces) allowed by Class 1.

Class 3--High-Power Rockets

    The FAA proposes to add the term Class 3--High-Power Rockets, which 
would be defined as an amateur rocket other than a model rocket or 
large model rocket that is propelled by a motor or motors having a 
combined total impulse of 163,840 N-sec (36,818 lb-sec) or less. In 
terms of motor class, this is either a P or a Q motor.
    The FAA proposes to use total impulse as the distinguishing 
criterion for high-power rockets because total impulse is a good 
measure of the size, power, and performance of the rocket. Each of 
these factors is important for public safety. We propose the total 
impulse limit because rockets of this size have not required extensive 
analyses in the past to be launched safely.

Class 4--Advanced High-Power Rockets

    The FAA proposes to add the term Class 4--Advanced High-Power 
Rockets, which would be any amateur rocket that cannot meet one of the 
other three Classes. In general, these will be rockets with a combined 
total impulse above 163,840 N-sec (36,818 lb-sec), that is, a Q-motor. 
However, the regulation would be written such that other, unforeseen 
operations or advancements in amateur rocket technology will be 
captured as Class 4.
    The risk to the public from launches of this category is often 
higher due to the large amount of propellant or stored energy within 
the vehicle. This higher risk factor requires greater scrutiny. As 
proposed, the Class 4 captures rockets more powerful than those 
commonly launched at high-power rocket events.
    Table 2 summarizes the proposed amateur rocket categories.

              Table 2.--Proposed Amateur Rocket Categories
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Amateur Rocket:
     Is propelled by a rocket motor or motors having a combined
     nominal total impulse of 889,600 N-sec (200,000 lb-sec) or less.
     Cannot reach an altitude of greater than 150 kilometers
     (492,120 feet).
     Must not be launched so that it could reach the territory
     of a foreign country unless there is an international agreement
     permitting such activity.
     Is launched on a suborbital trajectory.
     Is unmanned.
The following categories are recognized currently under part 101 and are
 kept unchanged: \3\
    Class 1--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 454 grams (16 ounces), including
         the propellant.
    Class 2--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.
The following are the proposed added sub-categories for Part 101:
    Class 3--High-Power Rockets:
         A rocket other than a Class 1 or Class 2, propelled by
         a rocket motor or motors having a combined total impulse of
         163,840 N-sec (36,818 lb-sec) or less.
    Class 4--Advanced High-Power Rockets:
         Any amateur rocket other than a Class 1, 2, or 3.
------------------------------------------------------------------------
\3\ There is a very minor change to the definition of Class 1--Model
  Rockets. The maximum propellant weight is increased from 4 ounces to
  4.4 ounces.

Other Changes to Sec.  101.21

    The FAA also proposes to revise Sec.  101.21 so that it will 
reference 14 CFR chapter III, the commercial space transportation 
regulations for licensed or permitted launches. Proposed Sec.  101.21 
would state that a person operating an unmanned rocket other than an 
amateur rocket must comply with 14 CFR Chapter III. This change is 
proposed to alert new operators to existing regulatory requirements.
3. Operating Limitations
    As previously stated, the FAA currently combines operating 
limitations for model rockets and large model rockets within their 
respective definitions. The FAA proposes to separate operating 
limitations from the

[[Page 32822]]

rocket definitions. Each rocket class will have a separate section 
under part 101 addressing the operating limitations for that class. 
Operating limitations will be addressed in a tiered approach with the 
limitations for each rocket class building on top of the previous 
rocket class. The proposed operating limitations are described below in 
the order they would appear in part 101.
    Rockets within all classes would have the following operating 
limitations:
     Must be launched on a suborbital trajectory;
     Must not cross into the territory of a foreign country 
unless there is an international agreement permitting such activity; 
and
     Must be unmanned.

Operating Limitations for Class 1--Model Rockets

    The proposed operating limitations for Class 1--Model Rockets would 
not differ from the current operating limitations. A model rocket must 
still be ``operated in a manner that does not create a hazard to 
persons, property, or other aircraft.''

Operating Limitations for Class 2--Large Model Rockets

    The proposed operating limitations for Class 2--Large Model Rockets 
would differ only slightly from the current limitations. The phrase 
``airport runway or other landing area'' would change to ``airport 
boundary.'' This change would be made for consistency. Further, current 
operating limitations for large model rockets, which can be found in 
Sec. Sec.  101.22 and 101.23, would be consolidated into a single 
section for clarity.

Operating Limitations for Class 3--High-Power Rockets

    The proposed rule places new operating limitations on Class 3--
High-Power Rockets. Currently, rockets that would be Class 3 operate 
under the provisions for Large Model Rockets. These limitations remain 
unchanged, and two more limitations codifying current practice would be 
added.
    The first of the new limitations would be that a person at least 
eighteen years old must be present and in charge of ensuring the safety 
of the operation. This has been common practice, but it is important to 
codify the best practices to ensure they are preserved.
    The second new limitation would require reasonable precautions to 
report and control a fire. It is prudent and important that operators 
understand and mitigate the safety hazards of their rockets, including 
fire. Operators should have a means of controlling small fires (such as 
brush fires caused by motor ignition) without putting themselves at 
risk. Operators should also be able to report promptly to a local fire 
department the location of any fire that they cannot control. This is 
also current practice that we would codify with this rulemaking.

Operating Limitations for Class 4--Advanced High-Power Rockets

    In addition to the General Operating Limitations of proposed Sec.  
101.22 and the operating limitations contained in proposed Sec.  
101.25, the FAA may specify operating limitations necessary to ensure 
that air traffic is not adversely affected and public safety is not 
jeopardized. As discussed earlier, the proposal is intended to address 
unforeseen operations or advancements in amateur rocket technology.
4. Section 101.27 Notice Requirements
    The notice requirements that are currently in Sec.  101.25 would be 
moved to Sec.  101.27 and updated by this rulemaking. While the 
notification requirements would be similar to the current requirements, 
the terminology would more closely match current practice, and would 
help prevent miscommunication between a rocket operator and a local air 
traffic controller. Tables 3 and 4 show the current and proposed 
notification requirements.
    In Table 3, Classes 2, 3 & 4 are all included under Large Model 
Rockets.

  Table 3.--Current ATC Notice Requirements for Amateur Rocket Launches
------------------------------------------------------------------------
                                                           Large model
                                         Model rockets       rockets
------------------------------------------------------------------------
Required Information:
    Operator information (name,         ...............               X
     address, etc.)...................
    Number of rockets.................  ...............               X
    Size and weight of each rocket....  ...............               X
    Highest altitudes (MSL)...........  ...............               X
    Location of launch (Lat & Long)...  ...............               X
    Date, time and duration of launch.  ...............               X
    Other information requested by the  ...............               X
     FAA..............................
------------------------------------------------------------------------


                     Table 4.--Proposed ATC Notice Requirements for Amateur Rocket Launches
----------------------------------------------------------------------------------------------------------------
                                                                          Class 2--     Class 3--     Class 4--
                                                            Class 1--    large model   high-power     advanced
                                                              model        rockets       rockets     high-power
                                                             rockets                                   rockets
----------------------------------------------------------------------------------------------------------------
Required Information:
    Operator information (name, address, etc.)..........  ............            X             X             X
    Affected altitudes (MSL)............................  ............            X             X             X
    Location of launch (Lat & Long).....................  ............            X             X             X
    Date, time and duration of launch...................  ............            X             X             X
    Other information requested by the FAA..............  ............            X             X             X
    Location of the center of the affected area in        ............  ............            X             X
     latitude and longitude.............................
----------------------------------------------------------------------------------------------------------------

NOTAM Submission Timeline

    The FAA proposes to change the submission timeline requirements to 
match current practice and guidance. Currently, Sec.  101.25 requires 
ATC notification to be given to the nearest FAA ATC ``no less than 24 
hours and no more than 48 hours prior to beginning the operation.'' The 
FAA

[[Page 32823]]

proposes to change this timeline to ``no less than 24 hours before and 
no more than 3 days before beginning the operation.'' This change would 
make FAA regulations consistent with current guidance as documented in 
ATC Order 7930.2J, Sec. 4-1-1, and with current practice.
5. Section 101.29 Information Requirements
    Currently, an operator wishing to launch a rocket into controlled 
airspace files Form 7711-2 before the operation to request 
authorization. The FAA uses the information submitted on this form to 
calculate hazard areas and operating restrictions, and to impose terms 
and conditions that preserve an adequate level of safety for the 
public. This rulemaking proposes to codify the current information 
gathering process for larger amateur rockets (Classes 3 and 4). This 
will allow the level of risk to the public to be managed adequately as 
the activity grows. By codifying the required information, the safety 
process would become more standardized and streamlined. This, in turn, 
would improve safety and facilitate the activity by establishing clear 
regulatory paths.
    For a Class 3 or Class 4 rocket operation, a person would complete 
FAA Form 7711-2 and send it (in triplicate) to the FAA so that it is 
received at least 45 days before the proposed operation. The minimum 
amount of time the FAA needs to process and evaluate the public safety 
implications of a launch is 45 days. An amateur rocket with advanced 
technology or other complicated systems could take more time to 
evaluate. Therefore, we encourage persons who plan to launch such 
rockets to contact the FAA as early as practical.
    Due to the low risk posed by Class 1--Model Rockets, operators of 
this class rocket would continue to be exempt from information 
requirements. The information requirements for Class 2--Large Model 
Rockets would remain the same. Table 5 summarizes the proposed 
information requirements.

                            Table 5.--Proposed Information for Submission to the FAA
----------------------------------------------------------------------------------------------------------------
                                                                Unmanned rockets
                              ----------------------------------------------------------------------------------
                                                     Amateur rocket classes
                              -------------------------------------------------------------------     Other--
                                                                                     Class 4--    government and
                                Class 1--model   Class 2--large   Class 3--high-   advance high-  FAA-  licensed
                                   rockets       model rockets    power rockets    power rockets     launches
 
----------------------------------------------------------------------------------------------------------------
Notice requirements..........  ...............                               
Operator: Name(s) and          ...............                               
 Address(es).
Affected altitudes [formerly   ...............                               
 Highest Altitude].
Affected Area and location of  ...............                               
 center [formerly Location of
 launch].
Date/time/duration...........  ...............                               
Other pertinent information    ...............                               
 requested by the FAA.
Additional Information         None...........  None...........  Additional       Additional      None.
 Requirements.                                                    below.           below.
Submission of Form 7711-2      Not required...  Not required...   45 days.......   45 days......   45 days.
 (time before event).
Estimated number of rockets    ...............  ...............              
 in each total impulse class.
Type of propulsion, fuel(s),   ...............  ...............              
 oxidizer(s), manufacturer,
 and certification, if any.
Description of launcher(s)     ...............  ...............              
 planned to be used,
 including any airborne
 platform(s).
Description of recovery        ...............  ...............              
 system.
Description of how applicant   ...............  ...............              
 will meet operating
 limitations of Sec.   101.25.
Highest altitude, above        ...............  ...............              
 ground level, expected to be
 reached.
Launch site latitude,          ...............  ...............              
 longitude, and elevation.
Any additional safety          ...............  ...............              
 procedures that will be
 followed.
Maximum possible range.......  ...............  ...............  ...............     
Dynamic stability              ...............  ...............  ...............     
 characteristics for the
 entire flight profile.
Description of all major       ...............  ...............  ...............     
 rocket systems.
Description of other support   ...............  ...............  ...............     
 equipment necessary for safe
 operation.
Planned flight profile and     ...............  ...............  ...............     
 sequence of events.
All nominal impact areas       ...............  ...............  ...............     
 within three standard
 deviations.
Launch commit criteria.......  ...............  ...............  ...............     
Countdown procedures.........  ...............  ...............  ...............     
Description of how applicant   ...............  ...............  ...............     
 will meet operating
 limitations of Sec.   101.26.
Mishap procedures............  ...............  ...............  ...............     
----------------------------------------------------------------------------------------------------------------

    The FAA only proposes to codify current reporting practices for the 
new categories of Class 3 and Class 4 rockets. An operator of a Class 4 
rocket would have to conduct technical analyses to get some of the 
required information. These analyses demand more technical knowledge 
than the simpler information requirements of Class 3 rockets. The FAA 
believes that this is an appropriate requirement because of the risk to 
the public that these advanced rockets can pose.
    Any applicant proposing to launch above 7,620 meters (25,000 feet) 
above ground level, is encouraged to follow the FAA guidance document, 
``Supplemental Application Guidance for Unguided Suborbital Launch 
Vehicles, August 1998,'' available at http://www.faa.gov/about/office_org/headquarters_offices/ast/licenses_permits/launch_reentry/reusable/safety/guidelines/sag_uslv/.
    Following the guidance provided in this document will help the FAA 
determine suitable terms and conditions to attach to a part 101 waiver, 
and will help streamline the approval process.
    Operators falling under the ``Other'' category (government-
conducted and FAA-licensed launches) would continue to file the same 
data they currently enter

[[Page 32824]]

on Form 7711-2. The FAA would rely on the established safety processes 
to capture and evaluate the safety of this kind of launch.

C. Proposed Changes to Chapter III

    Existing Sec. Sec.  400.2, 401.5 and 420.3 would be modified to 
accommodate the new regulatory structure proposed.
1. Section 400.2 Scope
    The proposed change to Sec.  400.2 is to replace ``amateur rocket 
activities'' with ``activities of amateur rockets, as defined in 14 CFR 
Sec.  1.1.'' This change is necessary because of adding the definition 
of amateur rocket to Sec.  1.1 and the proposed changes mentioned 
below.
2. Section 401.5 Definitions
    Section 401.5 would be amended by deleting the definition ``amateur 
rocket activities,'' because it is proposed to be defined in 14 CFR 
part 1.
3. Section 420.3 Applicability
    Existing Sec.  420.3 would be modified to reference the definition 
of amateur rocket activities in part 1 instead of Sec.  401.5.

IV. Paperwork Reduction Act

    Information collection requirements associated with this NPRM 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.

V. 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 proposed regulations.

VI. 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, the 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 proposed 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 proposed rule. The 
reasoning for this determination is explained below.
    The proposed rule defines four classes of amateur rockets that 
essentially incorporate the existing classifications. Therefore, no 
additional costs are expected as a result of the new classifications.
    These proposed definitions reflect current industry practice. A 
positive effect of the proposed 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 proposed liquid rocket to meet the 
current requirements. This alternative would result in either reduced 
rocket performance or reduced rocket safety. Therefore, the proposed 
rule provides both potential cost savings and performance and safety 
improvements.
    The remaining provisions of the proposed rule primarily update the 
existing rules to reflect current industry practice and streamline the 
FAA data collection process. The proposed rule would clarify the 
required information that is currently provided to the FAA before a 
launch in a paper form. This information submittal would result in 
saving time for launchers and for the FAA as we currently collect some 
of this information by telephone before a launch.
    The proposed rule would have virtually no impact upon the proposed 
Class 1 and 2 rockets. These classes would continue to operate 
essentially the same as they did before the proposed rule. The 
information requirements discussed above apply primarily to the 
proposed Class 3--High-Power Rocket and Class 4--Advanced High-Power 
Rockets categories. However, much of this data is already required to 
be provided to the FAA before a proposed launch. In many cases, the FAA 
calls the launch operator before the proposed launch and requests 
additional information. Therefore, the proposed rule does not increase 
the information required for a proposed launch, but rather formalizes 
and streamlines the process of providing the information to the FAA 
prior to the launch. Therefore, the FAA estimates that any incremental 
costs associated with this proposed rule would be minimal.
    An example of the potential effects of the proposed rule is 
provided by a launch proposed by Montana State University in 2006. The 
University proposed the launch under the existing rules.\4\ However, 
because the existing application form did not specify all the 
information needed by the FAA, we requested the remaining information 
by telephone. Under the proposed rule, their launch would be 
categorized as a Class 3 launch. The revised form for the University 
would specifically list all of the necessary information. This form 
would streamline and speed up the application process for both the 
University and the FAA.\5\ The proposed rule would have a similar 
effect upon proposed class 4 launches.
---------------------------------------------------------------------------

    \4\ The University submitted an application with the basic 
information required to the FAA.
    \5\ Their proposed launch occurred in 2006.
---------------------------------------------------------------------------

    The proposed rule provides benefits. As listed below, this proposed 
rule would:
     Proactively preserve the existing high safety level of 
amateur rocket activities;
     Update the Federal Aviation Regulations to reflect current 
industry standards and procedures;
     Eliminate inconsistencies in the existing rules;
     Provide new definitions of amateur rocket categories that 
would allow amateur rocketeers to more easily

[[Page 32825]]

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 launches proposer 
provide data to the FAA;
     Insure that amateur rocket activities would be conducted 
in accordance with all international treaties;
     Insure that amateur rocket activities would not interfere 
with objects in orbit.
    U.S. amateur rocketeers may receive cost savings by clarifications 
in the FAA requirements for amateur rocket activities. The proposed 
clarifications should make it quicker and easier for launch applicants 
to provide the needed information to the FAA. The FAA is likely also to 
incur cost savings because of this. The FAA, however, has not attempted 
to quantify the cost savings that may accrue due to this specific 
proposed rule.
    The expected outcome of the proposed rule would be a minimal cost 
impact with positive net benefits. The FAA requests comments with 
supporting justification about the FAA determination of minimal impact.
    Based on the minimal cost finding the FAA has, therefore, 
determined that this proposed rule is not a ``significant regulatory 
action'' as defined in section 3(f) of Executive Order 12866, and is 
not ``significant'' as defined in DOT's Regulatory Policies and 
Procedures.

A. 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 proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The proposed rule would affect a large number of small entities. These 
small entities would include the individuals, organizations, and firms 
involved in launching amateur rockets. However, although the proposed 
rule would affect a large number of small entities, the impact of the 
proposed rule is expected to be minimal. The proposed rule would have 
virtually no impact upon the proposed Class 1 and 2 rockets. These 
classes would continue to operate essentially the same as they did 
before the proposed rule. The proposed rule would have some effect on 
the proposed Class 3 and 4 rockets. However, the major effect is 
expected to be a change in the way that pre-launch information is 
provided to the FAA. The proposed procedures are expected to reduce 
application approvals and therefore lower costs for launchers of Class 
3 and Class 4 rockets.
    Therefore the FAA certifies that this proposed rule would not have 
a significant economic impact on a substantial number of small 
entities. The FAA solicits comments, with supporting data, regarding 
this determination.

B. 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.
    The proposed rule would not have an impact on international trade 
because it applies only to launches conducted in the United States. The 
proposed rule would, however, insure compliance with all international 
treaties with respect to space and amateur rocket launches would be 
complied with. The FAA has assessed the potential effect of this 
proposed rule and has determined that it would have only a domestic 
impact and therefore no effect on international trade.

C. 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 $128.1 million in lieu of $100 million.
    This proposed rule does not contain such a mandate. The 
requirements of Title II do not apply.

VII. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on 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, would not have federalism implications.

VIII. 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 proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312f and involves no 
extraordinary circumstances.

IX. Regulations That Significantly Affect Energy Supply, Distribution, 
or Use

    The FAA has analyzed this NPRM 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.

[[Page 32826]]

X. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES 
section, which appears at the end of this preamble, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. You may also 
review the docket using the Internet at the web address in the 
ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment for an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

B. Addresses

    You may send comments identified by Docket Number FAA-2007-27310 
using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion under the Comments 
Invited section.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

C. Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    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 (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.
    You may access all documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, from 
the internet through the Department of Transportation's DMS referenced 
in paragraph (1).

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

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

The Proposed Amendment

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

PART 1--DEFINITIONS AND ABBREVIATIONS

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

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

    2. Add in alphabetical order the following definition for ``amateur 
rocket'' to Sec.  1.1:


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

    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.

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


Sec.  101.21  Applicability and definitions.

    (a) This subpart applies to operating unmanned rockets. However, a 
person operating an unmanned rocket within a restricted area must 
comply only with Sec.  101.25(d) 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 must comply with 14 CFR Chapter III.
    (c) The following definitions apply to this subpart:
    (1) Class 1--Model rocket means an amateur rocket that:
    (i) Uses no more than 125 grams (4.4 ounces) of propellant;
    (ii) Uses a slow-burning propellant;
    (iii) Is made of paper, wood, or breakable plastic;
    (iv) Contains no substantial metal parts; and

[[Page 32827]]

    (v) Weighs no more than 454 grams (16 ounces), including the 
propellant.
    (2) Class 2--Large model rocket means an amateur rocket other than 
a model rocket, that:
    (i) Uses no more than 125 grams (4.4 ounces) of propellant;
    (ii) Uses a slow-burning propellant;
    (iii) Is made of paper, wood, or breakable plastic;
    (iv) Contains no substantial metal parts; and
    (v) Weighs no more than 1,500 grams (53 ounces), including the 
propellant.
    (3) Class 3--High-power rocket means an amateur rocket other than a 
model rocket or large model rocket that is propelled by a motor or 
motors having a combined total impulse of 163,840 Newton-seconds 
(36,818 pound-seconds) or less.
    (4) Class 4--Advanced high-power rocket means an amateur rocket 
other than a model rocket, large model rocket, or high-power rocket.
    6. Revise Sec.  101.22 to read as follows:


Sec.  101.22  General operating limitations.

    (a) An amateur rocket must be operated 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; and
    (3) Is unmanned.
    (b) The FAA may specify additional operating limitations necessary 
to ensure that air traffic is not adversely affected, and public safety 
is not jeopardized.
    7. Revise 101.23 to read as follows:


Sec.  101.23  Operating Limitations for Class 1--Model Rockets.

    In addition to the General Operating Limitations of Sec.  101.22, 
persons operating a Class 1--Model Rocket must operate the rocket in a 
manner that does not create a hazard to persons, property, or other 
aircraft.
    8. Add Sec.  101.24 to Subpart C to read as follows:


Sec.  101.24  Operating Limitations for Class 2--Large Model Rockets.

    In addition to the General Operating Limitations of Sec.  101.22, 
no person may operate a Class 2--Large Model Rocket--
    (a) In a manner that creates a hazard to persons, property, or 
other aircraft;
    (b) At any altitude where clouds or obscuring phenomena of more 
than five-tenths coverage prevails;
    (c) At any altitude where the horizontal visibility is less than 
five miles; and
    (d) Into any cloud;
    (e) Unless that person complies with Sec.  101.27; and,
    (f) Within 8 kilometers (5 miles) of any airport boundary unless 
the information required in Sec.  101.27 is provided to the manager of 
the airport.
    9. Revise Sec.  101.25 to read as follows:


Sec.  101.25  Operating Limitations for Class 3--High Power Rockets.

    In addition to the General Operating Limitations of Sec.  101.22, 
no person may operate a Class 3--High-Power Rocket--
    (a) Unless that person complies with Sec.  101.24 except paragraph 
(f);
    (b) Within 8 kilometers (5 miles) of any airport boundary;
    (c) In controlled airspace without prior authorization from the FAA 
in accordance with Sec.  101.29(a) of this part;
    (d) Within 457 meters (1,500 feet) of any person or property that 
is not associated with the operations;
    (e) Between sunset and sunrise;
    (f) 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
    (g) Unless reasonable precautions are provided to report and 
control a fire caused by rocket activity.
    10. Add new Sec.  101.26 to Subpart C to read as follows:


Sec.  101.26  Operating Limitations for Class 4--Advanced High Power 
Rockets.

    In addition to the General Operating Limitations of Sec.  101.22 
and the operating limitations contained in Sec.  101.25 of this part, 
the FAA may specify other operating limitations for Class 4--Advanced 
High Power Rockets necessary to ensure that air traffic is not 
adversely affected, and public safety is not jeopardized.
    11. Add Sec.  101.27 to Subpart C to read as follows


Sec.  101.27  Notice requirements.

    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 names and addresses of the operators; 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/time the activity will begin;
    (c) Size of the affected area in a nautical mile radius;
    (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.
    12. Add Sec.  101.29 to Subpart D to read as follows:


Sec.  101.29  Information requirements.

    (a) Information requirements for operating Class 3--High-Power 
Rockets. A person operating one or more Class 3--High Power Rockets in 
controlled airspace must provide the information below on each 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:
    (1) Estimated number of rockets to be operated in each class,
    (2) Type of propulsion, fuel(s), oxidizer(s), manufacturer, and 
certification, if any,
    (3) Description of the launcher(s) planned to be used, including 
any airborne platform(s),
    (4) Description of recovery system,
    (5) Description of how applicant will meet Sec.  101.25 (Operating 
Limitations for Class 3--High Power Rockets).
    (6) Highest altitude, above ground level, expected to be reached,
    (7) Launch site latitude, longitude, and elevation.
    (8) Any additional safety procedures that will be followed.
    (b) Information requirements for operating Class 4--Advanced High-
Power Rockets. A person operating one or more Class 4--Advanced High-
Power Rockets in controlled airspace must provide the information below 
for each 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:
    (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,

[[Page 32828]]

    (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,
    (10) A description of how the applicant will meet Sec.  101.26 
(Operating Limitations for Class 4--Advanced High Power Rockets), and
    (11) Mishap procedures.

PART 400--BASIS AND SCOPE

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

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

    14. 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 activities of amateur rockets, 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

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

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


Sec.  401.5  [Amended]

    16. Amend Sec.  401.5 by removing the term Amateur rocket 
activities and its definition.

PART 420--LICENSE TO OPERATE A LAUNCH SITE

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

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

    18. 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 June 5, 2007.
Patricia G. Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. E7-11263 Filed 6-13-07; 8:45 am]
BILLING CODE 4910-13-P