[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Rules and Regulations]
[Pages 67269-67270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27503]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 400

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


Voluntary Licensing of Amateur Rocket Operations; Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct Final rule, withdrawal.

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SUMMARY: The FAA is withdrawing a previously published direct final 
rule that would have allowed launch operators that conduct certain 
amateur rocket launches to voluntarily apply for a commercial space 
transportation license or experimental permit. The FAA is withdrawing 
this action because of the adverse comments it received.

DATES: The direct final rule published on August 22, 2012, at 77 FR 
50584 is withdrawn, effective November 8, 2012.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Shirley McBride, Senior Transportation Industry 
Analyst, Office of Commercial Space Transportation, Regulations and 
Analysis Division, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-7470; facsimile 
(202) 267-5463;

[[Page 67270]]

email [email protected]. For legal questions concerning this 
action, contact Laura Montgomery, Senior Attorney for Commercial Space 
Transportation, Office of the Chief Counsel, Regulations Division, 
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 a direct final rule that 
would have amended the scope of its chapter III regulations to give 
operators of Class 3 advanced high-power rockets the option of applying 
for a chapter III launch license or permit, or continuing to operate 
under 14 CFR chapter I, part 101. The direct final rule would have been 
strictly voluntary. Only those operators that wished to apply under 
chapter III for a license needed to do so. However, once an operator 
accepted an FAA license or permit, part 101 would no longer have 
applied, and the operator would have been governed by the provisions of 
chapter III for those rockets.
    The Commercial Space Launch Act provides that the United States 
should encourage private sector launches, reentries, and associated 
services. The FAA initiated the direct final rule primarily to support 
those launch operators that, under contract with NASA, were required by 
NASA to obtain an FAA launch license. Because the rule was strictly 
voluntary, the FAA believed there was good cause to issue it as a 
direct final rule.

Reason for Withdrawal

    The FAA is withdrawing the direct final rule because the agency 
received several adverse comments. In brief, the commenters raised 
issues concerning the potential cost to small businesses and the 
government, both in terms of the resources necessary for preparing and 
evaluating applications and in terms of the conditional payment of 
excess claims commonly referred to as ``indemnification.'' Others 
expressed doubts about whether amateur rockets could ever meet chapter 
III requirements, whether applying those requirements to smaller 
vehicles made sense or was necessary, and whether safety issues were 
created.

Conclusion

    Withdrawal of Amendment No. 400-4 does not preclude the FAA from a 
rulemaking on the subject in the future or committing the agency to any 
future course of action.
    The FAA withdraws Amendment No. 400-4 published at 77 FR 50584 on 
August 22, 2012.

    Issued in Washington, DC, on November 6, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-27503 Filed 11-7-12; 4:15 pm]
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