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[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Rules and Regulations]
[Page 38092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18278]

[[Page 38092]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 101

Technical Amendments Concerning Amateur Rocket Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is making several editorial changes to the amateur 
rocket regulations. The intent of this action is to ensure the 
regulations are clear and accurate.

DATES: This amendment is effective July 31, 2009.

FOR FURTHER INFORMATION CONTACT: Charles P. Brinkman, Licensing and 
Safety Division (AST-200), Commercial Space Transportation, Federal 
Aviation Administration, 800 Independence Avenue, Washington, DC 20591, 
telephone (202) 267-7715, e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On Monday, July 6, 2009 (74 FR 31842), the FAA published a 
correction document to the final rule ``Requirements for Amateur Rocket 
Activities''. The final rule published December 4, 2008 (73 FR 73768). 
During the review process, we determined that additional minor 
amendments are needed in part 101 that could not be addressed in a 
correction document.
    The 2008 final rule added Sec. Sec.  101.25 and 101.26 relating to 
Class 2 and Class 3 Rockets, respectively. However, to avoid 
redundancy, the FAA is now moving the requirements of Sec.  101.26 into 
Sec.  101.25, and revising the section title to reflect the change. 
Combining the two sections provides the reader easy access to all 
information relating to both Class 2 and Class 3 Rockets operating 
limitations.
    Additionally, the words ``unmanned rockets'' are changed to 
``amateur rockets'' in the titles of part 101 and subpart C and in 
Sec. Sec.  101.1(a)(3), 101.5, and 101.7 for accuracy and clarity.

Technical Amendment

    This technical amendment merely moves an existing section to 
clarify regulations and revises the part, subpart, and section headings 
for clarity. There are no other changes to the existing regulatory 
text.

Justification for Immediate Adoption

    Because this action moves an existing section to an existing 
subpart, the FAA finds that notice and public comment under 5 U.S.C. 
553(d) is unnecessary. For the same reason, the FAA finds good cause 
exists under 5 U.S.C. 553(d) for making this rule effective upon 
publication.

List of Subjects in 14 CFR Part 101

    Aircraft, Aviation safety.

The Amendment

0
In consideration of the foregoing, the FAA amends 14 CFR part 101 as 
follows:

PART 101--MOORED BALLOONS, KITES, AMATEUR ROCKETS AND UNMANNED FREE 
BALLOONS

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 45302, 44502, 
44514, 44701-44702, 44721, 46308.

0
2. Revise the heading of Part 101 to read as set forth above.

Sec.  101.1  [Amended]

0
3. Amend Sec.  101.1, paragraph (a)(3) by removing the words ``unmanned 
rocket'' and adding the words ``amateur rocket'' in their place.

Sec.  101.5  [Amended]

0
4. Amend Sec.  101.5 by removing the words ``unmanned rocket'' and 
adding the words ``amateur rocket'' in their place.

Sec.  101.7  [Amended]

0
5. Amend Sec.  101.7, paragraphs (a) and (b) by removing the words 
``unmanned rocket'' and adding the words ``amateur rocket'' in their 
place in both places.

Subpart C--Amateur Rockets

0
6. Revise the heading of subpart C to read as set forth above.

0
7. Revise Sec.  101.25 to read as follows:

Sec.  101.25  Operating limitations for Class 2-High Power Rockets and 
Class 3-Advanced High Power Rockets.

    When operating Class 2-High Power Rockets or Class 3-Advanced High 
Power Rockets, you must comply with the General Operating Limitations 
of Sec.  101.23. In addition, you must not operate Class 2-High Power 
Rockets or Class 3-Advanced High Power Rockets--
    (a) At any altitude where clouds or obscuring phenomena of more 
than five-tenths coverage prevails;
    (b) At any altitude where the horizontal visibility is less than 
five miles;
    (c) Into any cloud;
    (d) Between sunset and sunrise without prior authorization from the 
FAA;
    (e) Within 8 kilometers (5 statute miles) of any airport boundary 
without prior authorization from the FAA;
    (f) In controlled airspace without prior authorization from the 
FAA;
    (g) Unless you observe the greater of the following separation 
distances from any person or property that is not associated with the 
operations:
    (1) Not less than one-quarter the maximum expected altitude;
    (2) 457 meters (1,500 ft.);
    (h) Unless a person at least eighteen years old is present, is 
charged with ensuring the safety of the operation, and has final 
approval authority for initiating high-power rocket flight; and
    (i) Unless reasonable precautions are provided to report and 
control a fire caused by rocket activities.

Sec.  101.26  [Removed]

0
8. Remove Sec.  101.26.

    Issued in Washington, DC, on July 26, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9-18278 Filed 7-30-09; 8:45 am]
BILLING CODE 4910-13-P
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