Licensing and Safety Requirements for Launch; Technical Amendment, 59438-59439 [2016-20813]

Download as PDF 59438 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations available to offer dispute resolution services in paragraph (b); and (2) In § 1402.22, by redesignating existing paragraph (h) as paragraph (k) and adding new paragraphs (h), (i), and (j) with updated information about charging fees. II. Certain Findings We have determined that the amendments mandated by the Improvement Act involve agency management and technical changes. Therefore, the amendments do not constitute a rulemaking under the Administrative Procedure Act (APA), 5 U.S.C. 551, 553(a)(2). Under the APA, the public may participate in the promulgation of rules that have a substantial impact on the public. The amendments to our regulations relate to agency management and technical changes only and are required by statute, and therefore, do not require public participation. Even if these amendments were a rulemaking under 5 U.S.C. 551, 553(a)(2) of the APA, we have determined that notice and public comment are unnecessary and contrary to the public interest. Under 5 U.S.C. 553(b)(B) of the APA, an agency may publish regulations in final form when the agency for good cause finds that notice and public procedure thereon are impracticable, unnecessary, or contrary to public interest. The proposed amendments are required by statute, do not involve Corporation discretion, and provide additional protections to the public through the existing regulations. Thus, notice and public procedure are impracticable, unnecessary, and contrary to the public interest. III. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Corporation hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 12 CFR Part 1402 mstockstill on DSK3G9T082PROD with RULES Archives and records, Freedom of information, Insurance. As stated in the preamble, part 1402 of chapter XIV, title 12 of the Code of Federal Regulations is amended as follows: PART 1402—RELEASING INFORMATION 1. The authority citation for part 1402 is revised to read as follows: ■ Authority: Secs. 5.58, 5.59 of Pub. L. 92– 181, 85 Stat. 583 (12 U.S.C. 2277a–7, 2277a– VerDate Sep<11>2014 16:58 Aug 29, 2016 Jkt 238001 8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Subpart B—Availability of Records of the Farm Credit System Insurance Corporation 2. Section 1402.14(b) is revised to read as follows: ■ § 1402.14 records. Response to requests for * * * * * (b) Within 90 days of the receipt of a notice denying, in whole or in part, a request for records, the requester may appeal the denial. The appeal shall be in writing addressed to the Chief Financial Officer, Farm Credit System Insurance Corporation, McLean, Virginia 22102, and both the letter and envelope shall clearly be marked ‘‘FOIA Appeal.’’ An appeal improperly addressed shall be deemed not to have been received for purposes of the 20-day time period set forth in paragraph (c) of this section until it is received, or would have been received with the exercise of due diligence by Farm Credit System Insurance Corporation personnel. You also have the right to seek dispute resolution services from the Corporation’s FOIA Public Liaison, McLean, Virginia 22102, and the Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road— OGIS, College Park, Maryland 20740– 6001. * * * * * Subpart C—Fees for Provision of Information 3. Section 1402.22 is amended by redesignating paragraph (h) as paragraph (k) and adding new paragraphs (h), (i), and (j) to read as follows: ■ § 1402.22 Fees to be charged. * * * * * (h) We will not assess fees if we fail to comply with any time limit under the FOIA or these regulations, and have not timely notified the requester, in writing, that an unusual circumstance exists. If an unusual circumstance exists, and timely, written notice is given to the requester, we may be excused an additional 10 working days before fees are automatically waived under this paragraph (h). (i) If we determine that unusual circumstances apply and more than 5,000 pages are necessary to respond to a request, we may charge fees if we provided a timely, written notice to the requester and discussed with the requester via mail, Email, or telephone PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (or made at least three good faith attempts to do so) how the requester could effectively limit the scope of the request. (j) If a court has determined that exceptional circumstances exist, a failure to comply with time limits imposed by these regulations or FOIA shall be excused for the length of time provided by court order. * * * * * Dated: August 24, 2016. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2016–20767 Filed 8–29–16; 8:45 am] BILLING CODE 6710–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 415 and 417 [Docket No. FAA–2000–7953; Amdt. No(s). 415–6 and 417–5] RIN 2120–AG37 Licensing and Safety Requirements for Launch; Technical Amendment Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. AGENCY: The FAA is publishing this action to correct minor, editorial errors in chapter III, parts 415 and 417. These errors occurred in the Licensing and Safety Requirements for Launch final rule, published in the Federal Register on August 25, 2006. That final rule amended the commercial space transportation regulations governing the launch of expendable launch vehicles to address licensing and safety requirements for a launch. In that final rule, the FAA inadvertently made minor errors, which this technical amendment corrects. DATES: Effective August 30, 2016. FOR FURTHER INFORMATION CONTACT: For questions concerning this action contact ´ Rene Rey, Regulations and Analysis Division, AST–300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–7538; email Rene.Rey@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Good Cause for Immediate Adoption Without Prior Notice Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Section 553(d)(3) of the Administrative Procedure Act requires that agencies publish a rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. This document is correcting errors that are in 14 CFR 415.35, 415.37, 415.41, 415.55, 417.15, 417.107, 417.121, 417.231, 417.301, 417.303, 417.305, and Appendix A, Appendix E, and Appendix I to part 417. These corrections will not impose any additional restrictions on the persons affected by these regulations. Furthermore, any additional delay in making the regulations correct would be contrary to the public interest. Accordingly, the FAA finds that (i) public comment on these standards prior to promulgation is unnecessary, and (ii) good cause exists to make this rule effective in less than 30 days. Background On August 25, 2006, the FAA published a final rule entitled, ‘‘Licensing and Safety Requirements for Launch; Final Rule’’ (71 FR 50508). In that final rule, the FAA amended commercial space transportation regulations governing the launch of expendable launch vehicles. That action was necessary to codify launch practices at Federal launch ranges and codify rules for launches from a non-Federal launch site. The intended effect of the action was to ensure that the public continued to be protected from the hazards of a launch from either a Federal launch range or a non-Federal launch site. The final rule contains a more complete discussion of the rule and the events leading up to it. mstockstill on DSK3G9T082PROD with RULES The technical amendment makes the following corrections: (1) In § 415.35(a), the reference to cc is changed to Ec. (2) In § 415.37(a)(1), the reference to § 417.117(g) is changed to § 417.117(b)(3). (3) In § 415.41, the reference to § 417.111(g) is changed to § 417.111(h). (4) In § 415.55, the reference to § 415.79(a) is changed to § 417.17(b)(2). 16:58 Aug 29, 2016 Jkt 238001 PART 417—LAUNCH SAFETY 6. The authority citation for part 417 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. § 417.15 [Amended] 7. Amend § 417.15(b) by removing the reference to ‘‘§ 405.1’’ and adding in its place ‘‘§ 401.5’’. ■ § 417.107 [Amended] 8. Amend § 417.107(e)(2) by removing the reference to ‘‘§ 417.113(b)’’ and adding in its place ‘‘§ 417.113(c)’’. ■ § 417.121 [Amended] 9. Amend § 417.121(c) by removing the reference to ‘‘§ 417.113(b)’’ and adding in its place ‘‘§ 417.113(c)’’. ■ § 417.231 [Amended] 10. Amend § 417.231(a) by removing the reference to ‘‘§ 417.113(b)’’ and adding in its place ‘‘§ 417.113(c)’’. ■ List of Subjects § 417.301 14 CFR Part 415 Aviation safety, Environmental protection, Space transportation and exploration. ■ 14 CFR Part 417 Aviation safety, Reporting and recordkeeping requirements, Rockets, Space transportation and exploration. ■ The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter III of title 14, Code of Federal Regulations as follows: ■ PART 415—LAUNCH LICENSE 1. The authority citation of part 415 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. § 415.35 [Amended] 2. Amend § 415.35(a) by removing the reference to ‘‘cc’’ and adding in its place ‘‘Ec’’. ■ § 415.37 [Amended] § 415.41 [Amended] 4. Amend § 415.41 by removing the reference to ‘‘§ 417.111(g)’’ and adding in its place ‘‘§ 417.111(h)’’. ■ § 415.55 [Amended] 5. Amend § 415.55 by removing the reference to ‘‘§ 415.79(a)’’ and adding in its place ‘‘§ 417.17(b)(2)’’. ■ PO 00000 Frm 00015 Fmt 4700 [Amended] 11. Amend § 417.301 by removing duplicate paragraph (d)(1). § 417.303 [Amended] 12. Amend § 417.303(j) by removing the reference to ‘‘§ 417.307(g)’’ and adding in its place ‘‘§ 417.307(f)’’. § 417.305 [Amended] 13. Amend § 417.305 by removing duplicate paragraph (c)(1). Appendix A to part 417 [Amended] 14. Amend section A417.29(b)(5) of Appendix A to part 417 by removing the reference to ‘‘§ 417.113(b)’’ and adding in its place ‘‘§ 417.113(c)’’. ■ Appendix E to part 417 [Amended] 15. Amend section E417.19(e)(2)(vi) of Appendix E to part 417 by removing the reference to ‘‘±dB’’ and adding in its place ‘‘±3 dB’’. ■ Appendix I to part 417 [Amended] 16. Amend Appendix I to part 417 by: a. In section I417.1, removing the reference to ‘‘§ 417.229’’ and adding in its place ‘‘§ 417.227’’. ■ b. In section I417.5(a), removing ‘‘§ 417.113(b)’’ and adding in its place ‘‘§ 417.113(c)’’. ■ 3. Amend § 415.37(a)(1) by removing the reference to ‘‘§ 417.117(g)’’ and adding in its place ‘‘§ 417.117(b)(3)’’. ■ Technical Amendment VerDate Sep<11>2014 (5) In § 417.15(b), the reference to § 405.1 is changed to § 401.5. (6) In § 417.107(e)(2), the reference to § 417.113(b) is changed to § 417.113(c). (7) In § 417.121(c), the reference to § 417.113(b) is changed to § 417.113(c). (8) In § 417.231(a), the reference to § 417.113(b) is changed to § 417.113(c). (9) In § 417.301(d)(1), duplicate subparagraph (1) is removed. (10) In § 417.303(j), the reference to § 417.307(g) is changed to § 417.307(f). (11) In § 417.305(c)(1), duplicate subparagraph (1) is removed. (12) In Appendix A to part 417, section A417.29(b)(5), the reference to § 417.113(b) is changed to § 417.113(c). (13) In Appendix E to part 417, section E417.19(e)(2)(vi), the reference to ±dB is changed to ±3 dB. (14) In Appendix I to part 417, in the introductory paragraph to section I417.1, the reference to § 417.229 is changed to § 417.227. (15) In Appendix I to part 417, section I417.5(a), the reference to § 417.113(b) is changed to § 417.113(c). 59439 Sfmt 9990 ■ Issued in Washington, DC, on August 23, 2016. Dale Bouffiou, Acting Director, Office of Rulemaking. [FR Doc. 2016–20813 Filed 8–29–16; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59438-59439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20813]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 415 and 417

[Docket No. FAA-2000-7953; Amdt. No(s). 415-6 and 417-5]
RIN 2120-AG37


Licensing and Safety Requirements for Launch; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is publishing this action to correct minor, editorial 
errors in chapter III, parts 415 and 417. These errors occurred in the 
Licensing and Safety Requirements for Launch final rule, published in 
the Federal Register on August 25, 2006. That final rule amended the 
commercial space transportation regulations governing the launch of 
expendable launch vehicles to address licensing and safety requirements 
for a launch. In that final rule, the FAA inadvertently made minor 
errors, which this technical amendment corrects.

DATES: Effective August 30, 2016.

FOR FURTHER INFORMATION CONTACT: For questions concerning this action 
contact Ren[eacute] Rey, Regulations and Analysis Division, AST-300, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-7538; email Rene.Rey@faa.gov.

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption Without Prior Notice

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies

[[Page 59439]]

to dispense with notice and comment procedures for rules when the 
agency for ``good cause'' finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under this section, an agency, upon finding good cause, may issue a 
final rule without seeking comment prior to the rulemaking.
    Section 553(d)(3) of the Administrative Procedure Act requires that 
agencies publish a rule not less than 30 days before its effective 
date, except as otherwise provided by the agency for good cause found 
and published with the rule.
    This document is correcting errors that are in 14 CFR 415.35, 
415.37, 415.41, 415.55, 417.15, 417.107, 417.121, 417.231, 417.301, 
417.303, 417.305, and Appendix A, Appendix E, and Appendix I to part 
417. These corrections will not impose any additional restrictions on 
the persons affected by these regulations. Furthermore, any additional 
delay in making the regulations correct would be contrary to the public 
interest. Accordingly, the FAA finds that (i) public comment on these 
standards prior to promulgation is unnecessary, and (ii) good cause 
exists to make this rule effective in less than 30 days.

Background

    On August 25, 2006, the FAA published a final rule entitled, 
``Licensing and Safety Requirements for Launch; Final Rule'' (71 FR 
50508).
    In that final rule, the FAA amended commercial space transportation 
regulations governing the launch of expendable launch vehicles. That 
action was necessary to codify launch practices at Federal launch 
ranges and codify rules for launches from a non-Federal launch site. 
The intended effect of the action was to ensure that the public 
continued to be protected from the hazards of a launch from either a 
Federal launch range or a non-Federal launch site.
    The final rule contains a more complete discussion of the rule and 
the events leading up to it.

Technical Amendment

    The technical amendment makes the following corrections:
    (1) In Sec.  415.35(a), the reference to cc is changed 
to Ec.
    (2) In Sec.  415.37(a)(1), the reference to Sec.  417.117(g) is 
changed to Sec.  417.117(b)(3).
    (3) In Sec.  415.41, the reference to Sec.  417.111(g) is changed 
to Sec.  417.111(h).
    (4) In Sec.  415.55, the reference to Sec.  415.79(a) is changed to 
Sec.  417.17(b)(2).
    (5) In Sec.  417.15(b), the reference to Sec.  405.1 is changed to 
Sec.  401.5.
    (6) In Sec.  417.107(e)(2), the reference to Sec.  417.113(b) is 
changed to Sec.  417.113(c).
    (7) In Sec.  417.121(c), the reference to Sec.  417.113(b) is 
changed to Sec.  417.113(c).
    (8) In Sec.  417.231(a), the reference to Sec.  417.113(b) is 
changed to Sec.  417.113(c).
    (9) In Sec.  417.301(d)(1), duplicate sub-paragraph (1) is removed.
    (10) In Sec.  417.303(j), the reference to Sec.  417.307(g) is 
changed to Sec.  417.307(f).
    (11) In Sec.  417.305(c)(1), duplicate sub-paragraph (1) is 
removed.
    (12) In Appendix A to part 417, section A417.29(b)(5), the 
reference to Sec.  417.113(b) is changed to Sec.  417.113(c).
    (13) In Appendix E to part 417, section E417.19(e)(2)(vi), the 
reference to dB is changed to 3 dB.
    (14) In Appendix I to part 417, in the introductory paragraph to 
section I417.1, the reference to Sec.  417.229 is changed to Sec.  
417.227.
    (15) In Appendix I to part 417, section I417.5(a), the reference to 
Sec.  417.113(b) is changed to Sec.  417.113(c).

List of Subjects

14 CFR Part 415

    Aviation safety, Environmental protection, Space transportation and 
exploration.

14 CFR Part 417

    Aviation safety, Reporting and recordkeeping requirements, Rockets, 
Space transportation and exploration.

The Amendment

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

PART 415--LAUNCH LICENSE

0
1. The authority citation of part 415 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.


Sec.  415.35  [Amended]

0
2. Amend Sec.  415.35(a) by removing the reference to ``cc'' 
and adding in its place ``Ec''.


Sec.  415.37  [Amended]

0
3. Amend Sec.  415.37(a)(1) by removing the reference to ``Sec.  
417.117(g)'' and adding in its place ``Sec.  417.117(b)(3)''.


Sec.  415.41  [Amended]

0
4. Amend Sec.  415.41 by removing the reference to ``Sec.  417.111(g)'' 
and adding in its place ``Sec.  417.111(h)''.


Sec.  415.55  [Amended]

0
5. Amend Sec.  415.55 by removing the reference to ``Sec.  415.79(a)'' 
and adding in its place ``Sec.  417.17(b)(2)''.

PART 417--LAUNCH SAFETY

0
6. The authority citation for part 417 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.


Sec.  417.15  [Amended]

0
7. Amend Sec.  417.15(b) by removing the reference to ``Sec.  405.1'' 
and adding in its place ``Sec.  401.5''.


Sec.  417.107  [Amended]

0
8. Amend Sec.  417.107(e)(2) by removing the reference to ``Sec.  
417.113(b)'' and adding in its place ``Sec.  417.113(c)''.


Sec.  417.121  [Amended]

0
9. Amend Sec.  417.121(c) by removing the reference to ``Sec.  
417.113(b)'' and adding in its place ``Sec.  417.113(c)''.


Sec.  417.231  [Amended]

0
10. Amend Sec.  417.231(a) by removing the reference to ``Sec.  
417.113(b)'' and adding in its place ``Sec.  417.113(c)''.


Sec.  417.301  [Amended]

0
11. Amend Sec.  417.301 by removing duplicate paragraph (d)(1).


Sec.  417.303  [Amended]

0
12. Amend Sec.  417.303(j) by removing the reference to ``Sec.  
417.307(g)'' and adding in its place ``Sec.  417.307(f)''.


Sec.  417.305  [Amended]

0
13. Amend Sec.  417.305 by removing duplicate paragraph (c)(1).

Appendix A to part 417 [Amended]

0
14. Amend section A417.29(b)(5) of Appendix A to part 417 by removing 
the reference to ``Sec.  417.113(b)'' and adding in its place ``Sec.  
417.113(c)''.

Appendix E to part 417 [Amended]

0
15. Amend section E417.19(e)(2)(vi) of Appendix E to part 417 by 
removing the reference to ``dB'' and adding in its place 
``3 dB''.

Appendix I to part 417 [Amended]

0
16. Amend Appendix I to part 417 by:
0
a. In section I417.1, removing the reference to ``Sec.  417.229'' and 
adding in its place ``Sec.  417.227''.
0
b. In section I417.5(a), removing ``Sec.  417.113(b)'' and adding in 
its place ``Sec.  417.113(c)''.

    Issued in Washington, DC, on August 23, 2016.
Dale Bouffiou,
Acting Director, Office of Rulemaking.
[FR Doc. 2016-20813 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-13-P

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