[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Page 61513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25021]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 400

[Docket No. FAA-2012-0318; Notice No. 400-4]
RIN 2120-AK16


Voluntary Licensing of Amateur Rocket Operations; Correction; 
Delay of Effective Date

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; correction; delay of effective date.

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SUMMARY: This action delays the effective date for a direct final rule 
that was published on August 22, 2012. In that rule, the FAA amends the 
scope of its regulations to allow launch operators that conduct certain 
amateur rocket launches an opportunity to voluntarily apply for a 
commercial space transportation license or experimental permit. The FAA 
has received several adverse comments to this rule, and delays the 
effective date to allow time for adequate analysis and a final 
determination. This document also corrects the regulatory 
identification number on the original publication.

DATES: The effective date for the direct final rule published on August 
22, 2012, was scheduled to be October 9, 2012, and is delayed until 
November 8, 2012.

FOR FURTHER INFORMATION CONTACT: For technical questions, contact 
Shirley McBride, Senior Transportation Industry Analyst, Regulations 
and Analysis Division, AST-300, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7470; facsimile (202) 267-5463; email [email protected]. For 
legal questions, contact Laura Montgomery, Senior Attorney for 
Commercial Space Transportation, Office of the Chief Counsel, 
Regulations Division, AGC-200, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3150; facsimile (202) 267-7971, email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2012, the FAA published the direct final rule 
entitled, ``Voluntary Licensing of Amateur Rocket Operations'' (77 FR 
50584). In this rule, the FAA is amending the scope of its regulations 
to allow launch operators that conduct certain amateur rocket launches 
an opportunity to voluntarily apply for a commercial space 
transportation license or experimental permit. This rule received 4 
adverse comments prior to comment period closing on September 21, 2012. 
The rule contained the effective date of October 9, 2012.

Correction

    The original publication contained an incorrect regulatory 
identification number (RIN). This document contains the correct RIN 
2120-AK16.

Reason for Delay of Effective Date

    A direct final rule is based on the Administrative Procedure Act's 
good cause exception to prior notice and comment procedures, 5 U.S.C. 
553. This exception is used where we have found that prior public 
comment procedure may be unnecessary because adverse comments are not 
expected. In determining whether an adverse comment is significant 
enough to end a rulemaking, we consider whether the comment would 
warrant a substantive response in a notice of proposed rulemaking 
(NPRM).
    The effective date of a direct final rule is normally a minimum of 
30 calendar days after the end of the comment period. This rule 
published with an effective date of 15 calendar days after the end of 
the comment period to accommodate NASA's deadline in funding licensed 
launches. However, we received 4 substantive comments that require 
further analysis and determination. The FAA needs additional time to 
address the comments received and decide on the appropriate action.

Conclusion

    Accordingly, the effective date for Notice No. 400-4 is delayed 
until November 8, 2012.

    Issued in Washington, DC, October 4, 2012.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2012-25021 Filed 10-9-12; 8:45 am]
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