From: cdt@sw.stratus.com (C. D. Tavares)
Newsgroups: rec.models.rockets
Subject: (Long) Text of FAA Change Proposal
Date: 23 Nov 92 19:16:43 GMT
Distribution: usa
Organization: Stratus Computer, Inc.
NNTP-Posting-Host: rocket.sw.stratus.com

In article <1992Nov21.003126.9062@hpcvaac.cv.hp.com>, billn@hpcvaac.cv.hp.com (bill nelson) writes:

> I was interested in the FAA's published proposed rule change. It would
> be nice if you could retrieve that for us who do not access CompuServe.

(Foreword:)

November 17, 1992

In May 1985 the National Association of Rocketry (NAR) and the
Hobby Industries of America (HIA) proposed the following two
changes to the Federal Air Regulations (FAR Part 101):

     1.   Change the model rocket liftoff weight from 1 lb 
          (453 gm) to 3.3 lb (1500 gm).
     2.   Change the model rocket propellant mass from 4 oz 
          (113 gm) to 4.4 oz (125 gm).

This proposal was made after an extensive technical study by the
NAR.  On September 10th after a seven year delay, the Federal
Aviation Administration (FAA) published its Notice of Proposed
Rulemaking (NPRM) in the Federal Register Vo. 57, No. 176, at p.
41628.

In summary the FAA's NPRM proposes the following:

     1.   Introduction of a "large model rocket" category for
          models which weigh more than 1 lb at liftoff but not
          more than 3.3 lb, and have between 4 oz and 4.4 oz of
          propellant.

          a.   "Large model rockets" flown outside five miles
               from an airport require notification of the
               nearest FAA Air Traffic Control (ATC) facility.
          b.   "Large model rockets" flown inside five miles of
               an airport require notification of the nearest FAA
               ATC and the airport manager.

The NAR has prepared a response to the FAA's NPRM.  It is the
position of the National Association of Rocketry that the May
1985 proposal stands on its own merit.  Studies commissioned by
both the FAA and NAR indicate that there is no increased hazard
to aircraft with the heavier models.

Notification is not required for model rockets.  It is the NAR's
position that notification should not be required for "large
model rockets."  In fact, the NAR feels there is no reason to
have a "large model rocket" category.

Public response to the FAA NPRM is due on or before December 9,
1992, and should be sent to the following address:

                 Federal Aviation Administration
                     Office of Chief Counsel
                 Attention:  Rules Docket AGC-10
                        Docket No. 26965
                  800 Independence Avenue S.W.
                    Washington, D.C.   20591

The NAR hopes you will carefully evaluate its official position
on the FAA NPRM.  The NAR hopes you will support and endorse this
position in writing.  You are encouraged to provide a written
response to the FAA at the above address.

To be the most effective it is important that all written
responses arrive at the FAA on or about December 8, 1992.  The
NAR will file its official position on that date, and the
coincident support from you will increase the effectiveness of
this position.

Thanks!


J. Patrick Miller, President
National Association of Rocketry


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

This file includes the text of the FAA NPRM issued in response to the NAR's
proposal of 1985.  This file was prepared by optical character recognition;
and although an effort was made to correct errors introduced in the OCR
process, there is no guarantee that no other errors remain.

IT IS NOW TIME for modelers to respond to the FAA in support of the
NAR's position, as outlined in the above letter.

Printed copies of this document may be obtained by calling the toll-free
number 1-800-FAA-SURE and asking for a copy of Docket #26965.

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

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1O1
[Docket No. 26965 ; Notice No. 92-12]
RIN:  2120-AB75

Model Rocket Operations

AGENCY:  Federal Aviation Administration (FAA) DOT.

ACTION:  Notice of proposed Rulemaking (NPRM)

SUMMARY:  This notice proposes to reduce the restrictions on the
operation of model rockets that use not more than 125 grams (4.4
ounces) of propellant; that are made of paper, wood, or breakable
plastic; that contain no substantial metal parts; and that weigh
not more than 1,500 grams (53 ounces).  The FAA believes that
this amendment will foster an important aeronautical education
activity while retaining appropriate safety precautions.
DATES:  Comments must be received on or before [90 days after
publication]. {Actual date is December 9, 1992}

ADDRESSES:  Comments on the proposal may be mailed or delivered
in duplicate to:  Federal Aviation Administration, Office of
Chief Counsel, Attention:  Rules Docket (AGC-10), Docket
No. [26965], 800 Independence Avenue, SW., Washington, DC 20591.
Comments may be examined in the Rules Docket weekdays, except
Federal holidays, between 8:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:  Mr. Joseph C. White, Air
Traffic Rules Branch, ATP-230, Federal Aviation Administration
800 Independence Avenue, SW., Washington, DC 20591; telephone
(202)  267-8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to participate in this proposed
rulemaking by submitting necessary written data, views, or
arguments.  Comments that provide the factual basis supporting
the views and suggestions presented are particularly helpful in
developing reasoned regulatory decisions on the proposal.
Communications should identify the regulatory docket or notice
number and be submitted in duplicate to the address listed above.
Commenters wishing the FAA to acknowledge receipt of their
comments on the notice must submit with those comments a
self-addressed, stamped postcard on which the following statement
is made:  "Comments to Docket No.  [26965]."  The postcard will be
date/time stamped and returned to the commenter.  All
communications received on or before the specified closing date
for comments will be considered by the Administrator before
taking further rulemaking action.  The proposals contained in
this notice may be changed in light of comments received.  All
comments submitted will be available, both before and after the
closing date for comments.  A report summarizing each substantive
public contact with FAA personnel concerned with this rulemaking
will be filed in the docket.

Availability of NPRM's

Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention:  Public Information Center, APA-430, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-3484.
Communications must identify the notice number of this NPRM. 
Persons interested in being placed on a mailing list for future
notices should also request a copy of Advisory Circular No. 11-2A
"Notice of Proposed Rulemaking Distribution System," which
describes the application procedures.

Background

On September 12, 1984, the FAA announced in the Federal
Register (49 FR 35789) a Regulatory Review Program for Part l01
of the Federal Aviation Regulations (FAR) and invited comments
and recommendations as part of this review.  Comments received
during the Regulatory Review addressed the following areas of
concern:  (1) balloon operations, including moored vs. tethered
balloon requirements, lighting requirements and operations in the
proximity of airports; and (2) model rocket operations.  Comments
on model rockets concerned proximity of operators to airports,
increased gross weight, and propellant standards.  Response to
the announcement of the review program was very limited, except
for those issues regarding the operation of model rockets.  This
notice addresses only those issues related to the operation of
unmanned (model) rockets.

National Association of Rocketry

On May 24,  1985,  the National Association of Rocketry (NAR),
an affiliate of the National Aeronautic Association, representing
thousands of model rocket consumers, and the Hobby Industry
Association (HIA), representing the manufacturers of model rocket
kits, motors, and accessories, petitioned the FAA to consider
rulemaking action to amend FAR Ss 101.1, Applicability.  The
petitioners seek to raise the upper weight limit on excepted
model rockets from 16 ounces to 1,500 grams (approximately 53
ounces) and the allowable propellant mass from 4 ounces to 125
grams (approximately 4.4 ounces).  According to the petitioners,
these changes are based on studies conducted by the NAR and are
recommended to help keep model rocketry in the U.S. abreast of
advancements made in this educational aerospace hobby/sport.

Section of the FAR Affected

Section 101.1, in pertinent part, establishes the
applicability of Part 101 to the operation of any unmanned
rockets using more than 4 ounces of propellant or having a total
weight of more than 16 ounces, including the propellant.

A summary of the petitioners' request was published in the
Federal Register on March 19, 1986 (51 FR 9458) for public
comment.  The only comment received was from one of the
petitioners, who supported the petition.

Supporting Information

The petitioner stated that from 1959 to 1962, when the
current Part 1O1 was being drafted, the NAR played a major role
in suggesting the present limits on propellant and gross weight
for exclusion from Part 101, Applicability.  At that time, model
rocketry was strictly an American hobby/sport. The Federation
Aeronautical International first established its "Sporting Code
for Space Models" in 1964.  Considering the construction
techniques, materials, and design principles of model rockets
that existed in the 1959-1962 time period, the NAR considered
4 ounces of propellant and 16 ounces of gross weight to be the
maximum values likely to be achieved in the model rocketry hobby
in the foreseeable future.  The FAA accepted these limits which
formed the basis for the current FAR Ss 101.1.

The petitioner further stated that the state of the art in
model rocketry has progressed to the point where larger, heavier,
and more powerful model rockets are both feasible and safe due to
improved propellants, materials, and safety procedures.  NAR
stated that it had conducted an intensive and inclusive study of
potential safety hazards of model rockets having increased gross
weights.  The study was undertaken by a special committee of the
NAR that was established in 1983 and staffed by model rocketeers,
aeronautical engineers, National Aeronautics and Space
Administration sounding rocket experts, rocket propellant
specialists, doctors of medicine, licensed pilots, and computer
engineers.  The study purports to validate the conclusion that no
degradation of aviation safety will result from the proposed
increase in propellant and rocket weights.

The study included an evaluation of the effects of
crosswinds on the launching of model rockets.  It concluded that
heavier rockets would be less susceptible to tip-over or course
derogation from wind than the lighter rockets.

The study also included an investigation regarding the
potential of an incident between a 1,500-gram model rocket and an
aircraft in flight.  NAR's researchers assumed that any probable
hazards to aircraft would fall in the following two areas:
(l) airframe penetration during high-speed powered flight of
models; and (2) foreign object damage, similar to that posed by a
bird, during the model's low-speed drifting return to the ground
under a miniature parachute or other recovery device.

Potential for damaging an aircraft in flight

The study concluded that the probability of a model rocket
causing foreign object damage to an aircraft in flight during the
model's slow descent to the ground, via a recovery device,
depends on how much the model weighs, how high it flies, and how
long it takes to return to the ground.  The increase of allowable
propellant, coupled with more powerful, modern model rocket
motors when used with a very light rocket (less than one pound)
could cause an increase in the maximum achievable altitude of
only 20 percent (to 7,200 feet for a single-stage rocket and to
10,000 feet for a two-stage rocket).  This could allow a model
rocket to stay aloft under its recovery device for up to 10
minutes.  The probability of an aircraft encountering such a
rocket was estimated (by the NAR special committee) to be 1 in
48 million flights of these high performance model rockets.  When
a maximum of 125 grams of propellant is used with a l,500-gram
model rocket, the maximum achievable altitude is much less --
approximately 2,400 feet.  In addition, impact with an aircraft
during the upward powered flight of a 1,500-gram model rocket
might cause airframe damage comparable to the impact of large
hailstones.

The worst possible collision scenario that could occur would
be during the model's slow descent phase, if it were to be
ingested by a turbine engine.  NAR noted that, since current
regulations require aircraft turbine engines to remain
controllable following ingestion of tire treads and 4-pound
birds, turbine engines also should be able to continue operating
after ingesting gravel or 1.5-pound birds.  According to the
petitioner, low density, non-metallic, high performance model
rockets weighing up to 1,500 grams would not pose greater damage
potential than these.

To confirm the results obtained by computer analyses,
literature searches, statistical analyses, and historical data,
the petitioner conducted actual flight tests at a site 5 miles
north of an airport.  Sixteen high-powered, high-weight model
rockets were launched.  All models were tracked using the
FAA-approved two station altitude/azimuth theodolite system.
Comparisons were made between high-powered model rockets weighing
up to 1,500 grams with 125 grams of propellant, and those
currently excluded from regulation by the FAR.  These flight
tests confirmed the other analyses and data; however, these tests
did not include verification of the potential for the occurrence
of an impact with an aircraft in flight or the resulting
consequences of such an occurrence.

The final report of the NAR Committee was presented to the
NAR Board of Trustees in February 1985.  The board accepted the
committee's report and the recommendation that NAR-permissible
model rocket gross weights be increased to 1,500 grams and
propellant weights to 125 grams.  The report also was accepted by
the Model Rocket Division of the HIA.  The recommendations were
forwarded to the National Fire Protection Association's (NFPA)
committee on pyrotechnics, for their consideration in revising
NFPA 1122 Code for Unmanned Rockets.  This is a voluntary
standard that is widely accepted by state legislatures and public
safety officials having rulemaking powers.

FAA Analysis

The FAA has reviewed the NAR study as well as other
pertinent data.  The FAA also notes that the NAR estimates that
there have been approximately 250,000 launches of model rockets
since the inception of the sport and that the National
Transportation Safety Board (NTSB) reports that there have been
no midair collisions between model rockets and aircraft in
flight.  The FAA considers that it is to the public's benefit to
foster interest in aeronautics and that model rocketry provides a
valuable means for hobbyists to pursue that interest.  The FAA
further believes that the educational value of this activity is
enhanced by remaining abreast of the state of the art technology.

The FAA commissioned a study of its own to evaluate the
potential for a hazard to aviation safety resulting from the
operations of model rockets.

The March 1991 final report included an analysis of the
likelihood for damage to an aircraft in flight if impacted by a
model rocket, as well as a conclusion of the probability of such
an occurrence.  The researchers, the Galaxy Scientific
Corporation, of Mays Landing, NJ, made the following conclusions:

Model rockets have the capability to reach the
theoretical speed of 600 knots and the altitude of
4,000 feet based on the calculations performed in the
report.

Searches of FAA and NTSB data bases from 1984 to 1989
indicate that the probability of collision between
model rockets and aircraft is remote.

The two most vulnerable types of aircraft are general
aviation aircraft and rotorcraft, due to lower
operational altitude and velocity and different
structural design conditions.

The results of structural analysis show that model
rockets under present and proposed rules have the
capability to damage aircraft, assuming that a
collision occurs.

Some operational limits for model rockets should be
specified,  (i.e., do not operate model rockets in
controlled airspace or within 5 miles of the boundary
of any airport).  This notice would limit the
operations of model rockets at least 5 nautical miles
from the airports and further reduce the chance of
collision between a model rocket and an aircraft.

The study, in its entirety, has been placed in the docket
for public inspection.

Conclusions

The FAA must balance considerations of advancing the study
of and interest in aeronautics resulting from model rocket
activities with concern for the protection of aircraft in flight.
The Agency also must balance the remote likelihood of a collision
between a model rocket and an aircraft and the consequences of
such an occurrence.  The FAA has concluded that the outstanding
safety record of model rocketry to date is due, in part, to the
establishment and compliance with voluntary standards such as the
NAR's Model Rocket Safety Code.  That code provides, in part
for a launch safety officer to terminate activity when aircraft
are observed entering the area where model rockets are being
launched.  The FAA also believes that if the size and mass of
model rockets are increased, there is an increase in the
potential for harm to an aircraft in flight should a collision
occur.  It is therefore essential to ensure that persons
operating larger model rockets observe such safety precautions.
The FAA has determined that it is in the public interest to
accommodate the advancement of model rocketry with regulations
that also will provide an adequate level of assurance that such
rockets will not jeopardize the safety of aircraft in flight.

The Proposal

The FAA proposes to add Ss 101.22 to Part 1O1 of the FAR
to allow the operation of model rockets with up to 125 grams
(approximately 4.4 ounces) of propellant and a maximum gross
weight of 1,500 grams (approximately 53 ounces), including
propellant, as long as certain precautions are taken.  As is now
the case, model rocketeers still would be prohibited from
launching rockets into, or through, clouds, from flying near
aircraft in flight, or from being hazardous to people or
property. The prohibition against operating such model rockets in
controlled airspace, within 5 miles of an airport, within 1,500
feet of any non-participant, or between sunset and sunrise,
however, will not apply provided the person operating the model
rocket complies with the provisions of Ss 101-25, which the FAA is
proposing to modify in this NPRM, requiring that model rocketeers
provide pertinent information about the operation to the nearest
FAA Air Traffic Control (ATC) facility.  The FAA has determined
that organizations that previously were excluded from the
requirements regarding spectator proximity or night operations
have demonstrated a very effective safety record.  The FAA
believes that reestablishing the threshold at not more than 125
grams (approximately 4.4 ounces) of propellant and not more than
1500 grams (approximately 53 ounces) of total rocket weight, does
not warrant spectator restraint or operational time prohibitions.

The FAA is proposing to make an editorial change to Ss 101-25
to clarify the intent of the existing language dealing with  ..
notification of an intended operation.  The current language
requires FAA notification "within 24 to 48 hours" of an intended
operation.  A literal interpretation of the requirement would
allow a proponent to notify the FAA anytime preceding the actual
time of the operation and up to 48 hours prior to the operation.
Such interpretation is not the original intent of the
requirement.  The intent is for the FAA to receive notification
at least 24 hours prior to the operation but no more than 48
hours prior to the operation.  The 24-hour prior notification is
the minimum necessary for the FAA and airport management, as
appropriate, to advise pilots planning to operate in the area
where unmanned rocket operations are planned.  The maximum 48-
hour notification is the optimum amount of time that a proponent
would have finalized his/her intended operation.  Therefore, the
FAA believes it minimizes the revisions to advisories given to
pilots concerning a planned unmanned rocket operation.
Accordingly, the language in the rule would be changed to reflect
the original intent of the rule.

Regulatory Evaluation Summary

Introduction

This section summarizes the full regulatory evaluation that
provides more detailed estimates of the economic consequences of
this regulatory action.  This summary and the full evaluation
quantify, to the extent practicable, anticipated benefits and
estimated costs to the private sector, consumers, and Federal,
State, and local governments.

Executive Order 12291, dated February 17, 1981, directs
Federal agencies to promulgate new regulations or modify existing
regulations only if potential benefits to society outweigh
potential costs for each regulatory change.  The order also
requires the preparation of a Regulatory Impact Analysis of all
Rmajor" rules except those responding to emergency situations or
other narrowly defined exigencies.  A "major" rule is one that is
controversial or likely to result in an annual effect on the
economy of $100 million or more, a major increase in consumer
costs, or a significant adverse effect on competition.

The FAA has determined that this rule is not "major" as
defined in the Executive Order; therefore, a full regulatory
analysis, which includes the identification and evaluation of
cost-reducing alternatives to this rule, has not been prepared.
Instead, the agency has prepared a more concise document, termed
a regulatory evaluation, that analyzes only this rule without
identifying alternatives.  In addition to a summary of the
regulatory evaluation, this section also contains a summary of
the regulatory flexibility determination required by the 1980
Regulatory Flexibility Act (P.L. 96-354) and an international
trade impact assessment.  If more economic information is desired
than is contained in this summary, the reader is referred to the
full regulatory evaluation contained in the docket.

Benefits

The proposed rule likely would provide benefits.  The FAA  .
has determined that the proposed regulations will accommodate the
advancement of model rocketry and simultaneously provide an
adequate level of assurance that such rockets will not jeopardize
the safety of aircraft in flight.

Costs

The proposed rule for unmanned rockets consists of
provisions that specify the requirements for operating certain
model rockets (rockets using not more that 125 grams of
propellant; made of paper, wood, or breakable plastic; containing
no substantial metal parts, and weighing not more than 1,500
grams including propellant).  The proposed rule is designed to
accommodate the advancement of model rocketry with regulations
that also will provide an adequate level of assurance so that
such rockets will not jeopardize the safety of aircraft in
flight.

The FAA estimates that the proposed changes in the NPRM
would have no cost impact to users of model rockets.  In fact,
the proposed changes might produce a cost savings.  The savings
associated with these changes, however, are considered negligible
and unquantifiable.

This provision may impose minor costs on the FAA.  Persons
operating model rockets would have to provide the information
required in existing Ss 101.25 to the airport manager and to the
FAA ATC facility that is nearest the place of the intended
operation.  The FAA would incur costs associated with receiving,
recording, and evaluating the material that has been received.
The FAA believes that these costs would be minor.

Conclusions

Based on the fact that there are little or no compliance
costs coupled with the potential benefits, the FAA concludes that
the proposed rule would be cost-beneficial.

International Trade Impact Analysis

The proposed amendments would apply to users of model
rockets in the United States only.  There would be no economic
impact resulting from any of the proposed amendments and the FAA
has determined that these regulations would not have an impact on
international trade, if promulgated.

Regulatory Flexibility Determination

The Regulatory Flexibility Act (RFA) of 1980 was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by government regulations.  The RFA
requires agencies to review rules that may have "a significant
cost impact on a substantial number of small entities."

With regard to this regulatory evaluation, there would be no
cost associated with any of the proposed amendments.  The FAA has
determined that the proposed amendments contained in this NPRM
would not have a significant economic impact on a substantial
number of small entities.

Federalism Implications

The regulations proposed herein would not have substantial
direct effects 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. Therefore, in accordance with Executive Order 12612,
it is determined that such a regulation does not have federalism
implications warranting the preparation of a Federalism
Assessment.

Conclusion

For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that
this proposed regulation is not major under Executive Order
12291.  In addition, the FAA certifies that this proposal, if
adopted, will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.  This proposal is not
considered significant under DOT Regulatory Policies and
Procedures  (44 FR 11034; February 26, 1979).  An initial
regulatory evaluation of the proposal, including a Regulatory
Flexibility Determination and Trade Impact Analysis, has been
placed in the docket.  A copy may be obtained by contacting the
person identified under "FOR FURTHER INFORMATION CONTACT. "

List of Subjects In 14 CPR 101

Moored balloons; Kites; Unmanned free balloons; Unmanned rockets.

THE PROPOSED AMENDMENT

In consideration of the foregoing, the FAA proposes to amend Part
l01 of the Federal Aviation Regulations, as follows:

l.  The authority citation for Part 101 continues to read as
follows:

Authority:  49 U.S.C. App. 1348, 1354, 1372, 1421, 1442, 1443,
1472,  1510,  and 1522.;  E.O.  11514;  49 U.S.C.  106(g).

SUBPART C - UNMANNED ROCKETS

2. Section 101.22 is added to read as follows:

Ss 101.22 Special provisions for large model rockets.

Persons operating model rockets that use not more than 125
grams of propellant; that are made of paper, wood. or breakable
plastic; that contain no substantial metal parts, and that weigh
not more than 1,500 grams, including the propellant, need not
comply with subparagraphs 101-23 (b), (c), (g), and (h) provided:

(a)  that person complies with all provisions of Ss 101-25;
and

(b) the operation is not conducted within 5 nautical miles
of an airport runway or other landing area unless the information
required in Ss 101.25 is also provided to the manager of that
airport.

3.  Section 101.25 is amended by revising the introductory text
and paragraphs  (a),  (b),  (c), and (d) to read as follows:

Section 101.25 Notice requirements

No person may operate an unmanned 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 prior to and no
more than 48 hours prior to beginning the operation:

(a)  The names and addresses of the operators, except when
there are multiple participants at a single event, a single name
may be designated for all operations in the event;

(b)  The estimated number of rockets to be operated;

(c)  The estimated size and the estimated weight of each
rocket;  and

(d)  The estimated highest altitude or flight level to which
each rocket will be operated.

Issued in Washington,  DC,  on September 2, 1992

L. Lane Speck
Director, Air Traffic
Rules and Procedures Service

-- 

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