Human Space Flight Requirements for Crew and Space Flight Participants, 7740-7741 [E7-2851]

Download as PDF 7740 Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Rules and Regulations Issued in Washington, DC, on February 9, 2007. Pamela Hamilton-Powell, Director, Office of Rulemaking, Aviation Safety. [FR Doc. E7–2802 Filed 2–16–07; 8:45 am] requirements, Security measures, Smoking. I For the reasons set forth above, the Federal Aviation Administration correctly amends 14 CFR part 129 as follows: BILLING CODE 4910–13–P Federal Aviation Administration PART 129—OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE 14 CFR Part 129 I Operations: Foreign Air Carriers and Foreign Operators of U.S.-Registered Aircraft Engaged in Common Carriage; Correcting Amendment Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701–44702, 44705, 44709–44711, 44713, 44716–44717, 44722, 44901–44904, 44906, 44912, 46105, Pub. L. 107–71 sec. 104. DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 129 continues to read as follows: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. AGENCY: 2. Amend § 129.11 by revising paragraph (a)(4) to read as follows: I § 129.11 This action corrects a typographical error that appeared in the final rule, Foreign Air Carriers and Operators of Certain Large U.S.Registered Airplanes, which the FAA published in the Federal Register on May 28, 1987. In that final rule, the FAA inadvertently misstated the word ‘‘markings’’ as ‘‘marketing.’’ The intent of this action is to correct the error in the regulations to ensure the requirement is clear and accurate. EFFECTIVE DATES: Effective on February 20, 2007. FOR FURTHER INFORMATION CONTACT: Kim Barnette, Aircraft Maintenance Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Telephone: (202–493–4922); facsimile: (202–267– 5115); e-mail: kim.a.barnette@faa.gov. SUPPLEMENTARY INFORMATION: On May 28, 1987, the FAA published in the Federal Register (52 FR 20026) a final rule that amended § 129.11, among other changes, by adding a new paragraph (a)(4). In adding the new paragraph, the word ‘‘marketings’’ instead of ‘‘markings’’ was inadvertently used. This document corrects § 129.11(a)(4) to include the correct word. This correction will not impose any additional requirements on the affected operators. SUMMARY: erjones on PRODPC74 with RULES Technical Amendment This technical amendment will make a minor editorial correction to § 129.11(a)(4). List of Subjects in 14 CFR Part 129 Air carriers, Aircraft, Aviation safety, Reporting and recordkeeping VerDate Aug<31>2005 13:51 Feb 16, 2007 Jkt 211001 Operations specifications. (a) * * * (4) Registration markings of each U.S.registered aircraft. * * * * * Issued in Washington, DC, on February 12, 2007. Pamela Hamilton-Powell, Director, Office of Rulemaking, Aviation Safety. [FR Doc. 07–741 Filed 2–16–07; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration. 14 CFR Parts 401, 415, 431, 435, 440, and 460 [Docket No. FAA–2005–23449] RIN 2120–AI57 Human Space Flight Requirements for Crew and Space Flight Participants Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. AGENCY: SUMMARY: When the FAA issued a final rule on human space flight, it described one rule as consistent with the Second Amendment of the Constitution because, among other things, the right to bear arms under the Second Amendment is a collective right. The FAA now withdraws that characterization and amends its description. This correction is effective February 20, 2007. DATES: For technical information, contact Kenneth FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Wong, Deputy Manager, Licensing and Safety Division, Commercial Space Transportation, AST–200, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267–8465; facsimile (202) 267–3686, email ken.wong@faa.gov. For legal information, contact Laura Montgomery, Senior Attorney, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267–3150; facsimile (202) 267–7971, e-mail laura.montgomery@faa.gov. SUPPLEMENTARY INFORMATION: As required by the Commercial Space Launch Amendments Act of 2004, the FAA established Human Space Flight Requirements for Crew and Space Flight Participants, 71 FR 75616 (Dec. 15, 2006). The FAA’s new requirements for commercial human space flight include a rule on security mandating that operators ‘‘implement security requirements to prevent any space flight participant from jeopardizing the safety of the flight crew or the public’’ and prohibiting a space flight participant from carrying on board ‘‘any explosives, firearms, knives or other weapons.’’ 14 CFR 460.53. In explaining this rule in response to a comment, the FAA characterized the right to bear arms under the Second Amendment of the Constitution as ‘‘a collective right.’’ 71 FR at 75626. The FAA now withdraws that characterization of the right to bear arms. The prohibition on the carriage of firearms by participants in commercial space flights remains unchanged. The Executive Branch, through the Department of Justice, interprets the Second Amendment as securing a right of individuals to keep and bear arms. (See Memorandum for the Attorney General from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, et al., Re: Whether The Second Amendment Secures An Individual Right (Aug. 24, 2004), available at https:// www.usdoj.gov/ olcsecondoamendment2.pdf). In light of this interpretation, the FAA is withdrawing the statement made in the final rule. Regardless of the nature of the right, however, it remains true, as we noted, that the right is, like any other, not unfettered. The Justice Department itself made this abundantly clear in its analysis and through its historical review. (See generally id. at 1–5, 6 n.19, 8 n.29, 18 n.68, 61–68, 73, 81–82, 87– 98, 102–04.) Similarly, the Fifth Circuit, which treats the right to bear arms as an E:\FR\FM\20FER1.SGM 20FER1 Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Rules and Regulations individual right, has stated, ‘‘Although, as we have held, the Second Amendment does protect individual rights, that does not mean that those rights may never be made subject to any limited, narrowly tailored specific exceptions or restrictions for particular cases that are reasonable and not inconsistent with the right of Americans generally to individually keep and bear their private arms as historically understood in this country.’’ U.S. v. Emerson, 270 F.3d 203 (5th Cir. 2001). The FAA continues to believe that the possession of weapons by space flight participants on board a suborbital rocket poses an unacceptably high risk to the integrity of the vehicle and the safety of the public, and that the rule is consistent with the Second Amendment. In proposing the rule, we pointed out that ‘‘[s]ecurity restrictions currently apply to passengers for airlines. Some of the restrictions prohibit a person carrying explosives, firearms, knives, or other weapons from boarding an airplane. Similar types of security restrictions for launch or reentry vehicles would contribute to the safety of the public by preventing a space flight participant from potentially interfering with the flight crew’s ability to protect the public.’’ 70 FR 77262–01, 77271. In response to the comment regarding the Second Amendment, we added that ‘‘in 1958, Congress made it a criminal offense to knowingly carry a firearm onto an airplane engaged in air transportation. 49 U.S.C. 46505.’’ 71 FR at 75626. The FAA thus has authority to issue this rule. Correction erjones on PRODPC74 with RULES In final rule FR Doc. No FAA–2005– 23449, published on December 15, 2006 (71 FR 75616), make the following correction: On page 75626, in the third column, fourth full paragraph, lines 16 through 20, correct, ‘‘Additionally, nearly all courts have also held that the Second Amendment is a collective right, rather than a personal right. Therefore, despite the Second Amendment collective right to bear arms, the FAA has’’ to read ‘‘By analogy, and for the reasons given when the FAA issued its human space flight requirements, the FAA has, consistent with the right to bear arms secured by the Second Amendment.’’ * * * * * Issued in Washington, DC, on February 14, 2007. Rebecca MacPherson, Assistant Chief Counsel for Regulations. [FR Doc. E7–2851 Filed 2–16–07; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 13:51 Feb 16, 2007 Jkt 211001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Parts 657 and 658 [FHWA Docket No. FHWA–2006–24134] RIN 2125–AF17 Size and Weight Enforcement and Regulations Federal Highway Administration (FHWA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This final rule amends the regulations governing the enforcement of commercial vehicle size and weight to incorporate provisions enacted in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU); the Energy Policy Act of 2005, and; the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006. This final rule adds various definitions; corrects obsolete references, definitions, and footnotes; eliminates redundant provisions; amends numerical route changes to the National Highway designations; and incorporates statutorily mandated weight and length limit provisions. DATES: This final rule is effective March 22, 2007. FOR FURTHER INFORMATION CONTACT: Mr. William Mahorney, Office of Freight Management and Operations, (202) 366– 6817, or Mr. Raymond Cuprill, Office of the Chief Counsel (202) 366–0791, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access Internet users may access this document, the notice of proposed rulemaking (NPRM), and all comments received by the U.S. DOT Docket by using the universal resource locator (URL) https://dms.dot.gov. It is available 24 hours each day, 365 days each year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register’s home page at: https://www.archives.gov or the Government Printing Office’s Web page at https://www.gpoaccess.gov/nara. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 7741 Background The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59, 119 Stat. 1144), the Energy Policy Act of 2005 (Pub. L. 109–58, 119 Stat. 544), and the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006 (Pub. L. 109–115, 119 Stat. 2396) enacted size and weight provisions concerning auxiliary power units, custom harvesters, over-the-road buses, and drive-away saddlemount vehicle combinations. Additionally, the transfer of motor carrier safety functions to the Federal Motor Carrier Safety Administration (FMCSA) established by the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106–159, 113 Stat. 1748) affected the internal organizational structure of the FHWA. Although the responsibility for commercial motor vehicle size and weight limitation remained in the FHWA, the references in the regulations to the old FHWA’s Office of Motor Carriers (OMC) and its officials are obsolete. This action updates these references to reflect the changes in the agency’s organizational structure. Discussion of Comments Received to the Notice of Proposed Rulemaking (NPRM) On May 1, 2006, the FHWA published an NPRM in the Federal Register at 71 FR 25516 to provide an opportunity for public comment on the proposed changes to 23 CFR Parts 657 and 658. In response to the NPRM, the FHWA received 39 comments. Commenters included 8 State enforcement agencies, 9 industry associations, 4 members of Congress, 14 individuals, a union (multiple members), a law firm representing a trucking company, one intercity bus company, and an association of State transportation officials. The FHWA considered each of these comments in adopting this final rule. The changes made in response to those comments are identified and addressed under the appropriate sections below. Section-by-Section Discussion of the Proposals Part 657 Section 657.1 Purpose Michigan DOT (MDOT) expressed concerns about using the terms ‘‘Federal-aid Interstate, Federal-aid primary, Federal-aid Secondary, or Federal-aid Urban Systems,’’ which are E:\FR\FM\20FER1.SGM 20FER1

Agencies

[Federal Register Volume 72, Number 33 (Tuesday, February 20, 2007)]
[Rules and Regulations]
[Pages 7740-7741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2851]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration.

14 CFR Parts 401, 415, 431, 435, 440, and 460

[Docket No. FAA-2005-23449]
RIN 2120-AI57


Human Space Flight Requirements for Crew and Space Flight 
Participants

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: When the FAA issued a final rule on human space flight, it 
described one rule as consistent with the Second Amendment of the 
Constitution because, among other things, the right to bear arms under 
the Second Amendment is a collective right. The FAA now withdraws that 
characterization and amends its description.

DATES: This correction is effective February 20, 2007.

FOR FURTHER INFORMATION CONTACT: For technical information, contact 
Kenneth Wong, Deputy Manager, Licensing and Safety Division, Commercial 
Space Transportation, AST-200, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8465; facsimile (202) 267-3686, e-mail ken.wong@faa.gov. For legal 
information, contact Laura Montgomery, Senior Attorney, Office of the 
Chief Counsel, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3150; facsimile 
(202) 267-7971, e-mail laura.montgomery@faa.gov.

SUPPLEMENTARY INFORMATION: As required by the Commercial Space Launch 
Amendments Act of 2004, the FAA established Human Space Flight 
Requirements for Crew and Space Flight Participants, 71 FR 75616 (Dec. 
15, 2006). The FAA's new requirements for commercial human space flight 
include a rule on security mandating that operators ``implement 
security requirements to prevent any space flight participant from 
jeopardizing the safety of the flight crew or the public'' and 
prohibiting a space flight participant from carrying on board ``any 
explosives, firearms, knives or other weapons.'' 14 CFR 460.53. In 
explaining this rule in response to a comment, the FAA characterized 
the right to bear arms under the Second Amendment of the Constitution 
as ``a collective right.'' 71 FR at 75626. The FAA now withdraws that 
characterization of the right to bear arms. The prohibition on the 
carriage of firearms by participants in commercial space flights 
remains unchanged.
    The Executive Branch, through the Department of Justice, interprets 
the Second Amendment as securing a right of individuals to keep and 
bear arms. (See Memorandum for the Attorney General from Steven G. 
Bradbury, Principal Deputy Assistant Attorney General, Office of Legal 
Counsel, et al., Re: Whether The Second Amendment Secures An Individual 
Right (Aug. 24, 2004), available at https://www.usdoj.gov/
olcsecondoamendment2.pdf). In light of this interpretation, the FAA is 
withdrawing the statement made in the final rule.
    Regardless of the nature of the right, however, it remains true, as 
we noted, that the right is, like any other, not unfettered. The 
Justice Department itself made this abundantly clear in its analysis 
and through its historical review. (See generally id. at 1-5, 6 n.19, 8 
n.29, 18 n.68, 61-68, 73, 81-82, 87-98, 102-04.) Similarly, the Fifth 
Circuit, which treats the right to bear arms as an

[[Page 7741]]

individual right, has stated, ``Although, as we have held, the Second 
Amendment does protect individual rights, that does not mean that those 
rights may never be made subject to any limited, narrowly tailored 
specific exceptions or restrictions for particular cases that are 
reasonable and not inconsistent with the right of Americans generally 
to individually keep and bear their private arms as historically 
understood in this country.'' U.S. v. Emerson, 270 F.3d 203 (5th Cir. 
2001).
    The FAA continues to believe that the possession of weapons by 
space flight participants on board a suborbital rocket poses an 
unacceptably high risk to the integrity of the vehicle and the safety 
of the public, and that the rule is consistent with the Second 
Amendment. In proposing the rule, we pointed out that ``[s]ecurity 
restrictions currently apply to passengers for airlines. Some of the 
restrictions prohibit a person carrying explosives, firearms, knives, 
or other weapons from boarding an airplane. Similar types of security 
restrictions for launch or reentry vehicles would contribute to the 
safety of the public by preventing a space flight participant from 
potentially interfering with the flight crew's ability to protect the 
public.'' 70 FR 77262-01, 77271. In response to the comment regarding 
the Second Amendment, we added that ``in 1958, Congress made it a 
criminal offense to knowingly carry a firearm onto an airplane engaged 
in air transportation. 49 U.S.C. 46505.'' 71 FR at 75626. The FAA thus 
has authority to issue this rule.

Correction

    In final rule FR Doc. No FAA-2005-23449, published on December 15, 
2006 (71 FR 75616), make the following correction:
    On page 75626, in the third column, fourth full paragraph, lines 16 
through 20, correct, ``Additionally, nearly all courts have also held 
that the Second Amendment is a collective right, rather than a personal 
right. Therefore, despite the Second Amendment collective right to bear 
arms, the FAA has'' to read ``By analogy, and for the reasons given 
when the FAA issued its human space flight requirements, the FAA has, 
consistent with the right to bear arms secured by the Second 
Amendment.''
* * * * *

    Issued in Washington, DC, on February 14, 2007.
Rebecca MacPherson,
Assistant Chief Counsel for Regulations.
 [FR Doc. E7-2851 Filed 2-16-07; 8:45 am]
BILLING CODE 4910-13-P

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