Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Notices 52733 

2Notices to airmen and mariners are publicly 

available on the FAA Web site for two months after 

their effective date at: http://tfr.faa.gov/tfr2/ 

list.html. 

50901(b)(3). A license is required to 

launch a launch vehicle, reenter a 

reentry vehicle, or operate a launch or 

reentry site within the United States or 

by a U.S. citizen. 51 U.S.C. 50904(a)(1)– 

(4). The FAA issues permits for the 

launch of reusable suborbital rockets 

pursuant to the requirements of 51 

U.S.C. 50906. Title 5 U.S.C. 552(a)(2) 

applies to final authorizations the FAA 

issues to an applicant, and the FAA 

should therefore make authorizations 

‘‘available for public inspection, and 

copying.’’ 5 U.S.C. 552(a)(2). 

In compliance with the 

Administrative Procedure Act, as well 

as recent guidance from the White 

House, the FAA is planning to post all 

current and future authorizations online 

in order to increase agency efficiency, 

effectiveness, and transparency. The 

FAA receives Freedom of Information 

Act (FOIA) requests for authorizations, 

and publishing this information online 

would save the agency both the time 

and resources used to process and 

respond to these FOIA requests. The 

President’s recent memorandum on 

regulatory compliance encourages 

agencies to make readily accessible to 

the public information concerning their 

regulatory compliance and enforcement 

activities. Presidential Memoranda— 

Regulatory Compliance (January 18, 

2011); available at http:// 

www.whitehouse.gov/the-press-office/ 

2011/01/18/presidential-memorandaregulatory-compliance. Publishing 

authorizations online furthers the FAA’s 

goal of transparency, openness, and 

public access by making it easier and 

faster for the public to obtain 

information regarding AST licensing 

and permit activities. 

Information contained in 

authorizations is typically not 

confidential. Typical information 

provided in a launch license or permit 

and any accompanying orders includes 

the specific types of vehicles the 

authorization applies to, the launch 

location, and the amount of liability and 

government property insurance the FAA 

requires the authorized entity to 

maintain. Launch licenses also include 

the term of the license, the authorized 

azimuths of the launch vehicle, and any 

type of payload. In some cases, such as 

a Pegasus launch or a launch under a 

permit, the launch license will define 

when flight begins. Insurance 

information has historically been 

published on the FAA website. 

Information including the launch area 

and the date and time of the launch is 

provided in publicly available notices to 

airmen and mariners.2

Information in a site license includes 

the site location, site activities, type of 

launch vehicle authorized for the site, 

and the term of the license. 

Information provided in a reentry 

license includes the term of the license, 

the term of insurance coverage, and the 

nominal reentry locations. The 

insurance information is publicly 

available, now on the FAA’s Web site, 

and the nominal reentry area locations 

are publicly available in notices to 

airmen and mariners. 

Notices to airmen and mariners are 

publicly available documents, but they 

do not provide the same information 

contained in a license. A notice to 

airmen and mariners will contain 

coordinates for an area to alert airmen 

and mariners of hazards during a 

specified time period for safety reasons. 

For reentry, this area is calculated based 

on the reentry vehicle’s possible impact 

points. While launch locations are 

generally well-known because launches 

occur from established launch pads, 

reentry locations may be the result of an 

operator’s own calculations and 

decisions. Notices to airmen that restrict 

air traffic during a reentry do not 

provide the nominal reentry points that 

the FAA currently includes in the 

operator’s license. Therefore, operators 

may have concerns about reverse 

engineering using the reentry data 

provided in licenses. While the FAA 

will continue to include nominal and 

contingency reentry points in 

authorizations, operators will have the 

opportunity to request that the 

information be redacted from online 

publication if they consider it 

confidential. If an operator makes such 

a request, the FAA will examine the 

operator’s rationale and make a 

determination regarding whether or not 

the information is confidential. 

Most licenses and permits do not 

contain confidential information or 

data. However, for those occasions 

where specific license terms or 

conditions reflect circumstances unique 

to a particular operator, there are 

protections available under the statute 

and regulations. Applicants for a license 

can protect trade secrets or proprietary 

commercial or financial data by 

requesting in writing that the 

information be treated as confidential at 

the time it is submitted. 14 CFR 

413.9(a). Information or data the 

applicant wishes to protect must be 

clearly marked with an identifying 

legend, or cover sheet containing an 

identifying legend. 14 CFR 413.9(b). 

The FOIA exempts from mandatory 

disclosure trade secrets and privileged 

or confidential commercial or financial 

information. 5 U.S.C. 552(b)(4). 

Information that ‘‘is designated as 

confidential by the person or head of the 

executive agency providing the 

information’’ or that qualifies for an 

exemption under FOIA can be disclosed 

by the Secretary of Transportation, an 

officer or employee of the United States 

Government, or a person making a 

contract with the Secretary under 

section 50906(b) of this title ‘‘if the 

Secretary decides that the withholding 

of the information or data is contrary to 

the public or national interest.’’ 51 

U.S.C. 50916; 14 CFR 413.9(d). 

In some cases, licenses contain 

specific terms and conditions tailored 

for a particular licensee. Even so, terms 

and conditions typically do not contain 

confidential information, and the FAA 

will publish these terms and conditions 

online. The terms may have a useful 

effect that others may want to be aware 

of. In the event that the terms and 

conditions contain confidential 

information, the licensee can follow the 

procedures to protect confidential 

information described above. The FAA 

will be providing the public with 

potentially useful information by 

making this information more readily 

available through online publication. 

Before implementing this new policy, 

the FAA requests comment from the 

public, and is providing a period of 30 

days for comment. 

Issued in Washington, DC, on August 5, 

2011. 

George C. Nield, 

Associate Administrator for Commercial 

Space Transportation. 

[FR Doc. 2011–21423 Filed 8–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Change in 

Use of Aeronautical Property at 

Bowling Green—Warren County 

Regional Airport, Bowling Green, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on request by the Bowling 

Green—Warren County Airport Board to 

change a portion of airport property 

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52734 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Notices 

from aeronautical to non-aeronautical 

use at the Bowling Green—Warren 

County Regional Airport, Bowling 

Green, Kentucky. The request consists 

approximately of 4.66 acres of fee 

simple release. This action is taken 

under the provisions of Section 125 of 

the Wendell H. Ford Aviation 

Investment Reform Act for the 21st 

Century (AIR 21). 

DATES: Comments must be received on 

or before September 22, 2011. 

ADDRESSES: Documents are available for 

review at the Bowling Green—Warren 

County Regional Airport, 1000 

Woodhurst Dr., Bowling Green, KY 

42103 and the FAA Memphis Airports 

District Office, 2862 Business Park 

Drive, Building G, Memphis, TN 38118. 

Written comments on the Sponsor’s 

request must be delivered or mailed to: 

Mr. Phillip J. Braden, Manager, 

Memphis Airports District Office, 2862 

Business Park Drive, Building G, 

Memphis, TN 38118. 

In addition, a copy of any comments 

submitted to the FAA must be mailed or 

delivered to Mr. Rob Barnett, Airport 

Manager, Bowling Green—Warren 

County Regional Airport, 1000 

Woodhurst Dr., Bowling Green, KY 

42103. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tommy L. Dupree, Team Lead/Civil 

Engineer, Federal Aviation 

Administration, Memphis Airports 

District Office, 2862 Business Park 

Drive, Building G, Memphis, TN 38118. 

The application may be reviewed in 

person at this same location, by 

appointment. 

SUPPLEMENTARY INFORMATION: The FAA 

proposes to rule and invites public 

comment on the request to release 

property at the Bowling Green—Warren 

County Regional Airport, 1000 

Woodhurst Dr., Bowling Green, KY 

42103. Under the provisions of AIR 21 

(49 U.S.C. 47107(h)(2)). 

On August 11, 2011, the FAA 

determined that the request to release 

property at Bowling Green—Warren 

County Regional Airport meets the 

procedural requirements of the Federal 

Aviation Administration. The FAA may 

approve the request, in whole or in part, 

no later than September 22, 2011. 

The following is a brief overview of 

the request: 

The Bowling Green—Warren County 

Airport Authority is proposing the 

release of approximately 4.66 acres 

located at the northwest corner of 

Airway Court and Searcy Way and along 

the west side of Airway Court; and as 

contained in Parcels 052A–03–021 and 

052A–03–037. The property address is 

listed as 2325 Airway Court, Bowling 

Green, KY 42103. This release is for the 

sale of said property to KYCORE, LLC 

for commercial development. 

Any person may inspect, by 

appointment, the request in person at 

the FAA office listed above under FOR

FURTHER INFORMATION CONTACT. 

Issued in Memphis, TN, on August 11, 

2011. 

Phillip J. Braden, 

Manager, Memphis Airports District Office, 

Southern Region. 

[FR Doc. 2011–21426 Filed 8–22–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Underwater Locating Devices 

(Acoustic) (Self-Powered) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of the planned 

revocation of the Technical Standard 

Order (TSO) authorizations (TSOA) for 

TSO–C121 and C121a, Underwater 

Locating Devices (ULD), and request for 

public comment. 

SUMMARY: This notice announces the 

planned revocation of all Technical 

Standard Order authorizations (TSOA) 

issued for the production of Underwater 

Locating Devices (Acoustic) (SelfPowered) manufactured to the TSO– 

C121 and TSO–C121a specifications. 

These actions are necessary because the 

planned issuance of TSO–C121b, 

Underwater Locating Devices (Acoustic) 

(Self-Powered), with a minimum 

performance standard (MPS) that will 

increase the minimum operating life of 

Underwater Locating Devices from 30 

days to 90 days. 

DATES: Comments must be received on 

or before November 21, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gregory Borsari, AIR–130, Federal 

Aviation Administration, 470 L’Enfant 

Plaza, Suite 4102, Washington, DC 

20024. Telephone (202) 385–4578, fax 

(202) 385–4651, e-mail to: 

gregory.borsari@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

You are invited to comment on the 

revocation of the TSOAs granted for 

TSO–C121 and C121a, by submitting 

written data, views, or arguments to the 

above address. Comments received may 

be examined, both before and after the 

closing date, at the above address, 

weekdays except federal holidays, 

between 8:30 a.m. and 4:30 p.m. The 

Director, Aircraft Certification Service, 

will consider all comments received on 

or before the closing date. 

Background 

On May 31, 2009, an Airbus A330– 

203 operated by Air France as flight 

number 447 (AF 447), bound for the 

Charles de Gaulle Airport, Paris, France, 

crashed into the Atlantic Ocean 2 hours 

and 10 minutes after taking off from Rio 

de Janeiro’s, Galea ̃o Airport. Search and 

rescue operations were conducted by 

the French and Brazilian authorities but 

the flight data recorder and cockpit 

voice recorder were not recovered until 

April 2011 during a fourth search and 

recovery effort. 

The Bureau d’Enqueˆtes et d’Analyses 

pour la Se ́curite ́ de L’aviation Civile 

(BEA), which is the authority 

responsible for the investigation of the 

AF 447 accident, released a second 

interim report, dated December 17, 

2009. The report includes safety 

recommendations to the European 

Aviation Safety Agency (EASA) and the 

International Civil Aviation 

Organization (ICAO), one of which is to 

‘‘extend as rapidly as possible to 90 

days the regulatory transmission time 

for underwater locator beacons installed 

on flight recorders on airplanes 

performing public transport flights over 

maritime areas.’’ The FAA agrees with 

the BEA’s recommendation, and via a 

letter dated January 28, 2010, requested 

that SAE International form an industry 

working group to revise the minimum 

performance standard (MPS), AS8045, 

Underwater Locating Devices (Acoustic) 

(Self-Powered), to increase the 

minimum operating life of Underwater 

Locating Devices (Acoustic) (SelfPowered), from 30 days to 90 days. SAE 

International published AS8045A, dated 

August 3, 2011. The FAA will revise 

TSO–C121a to invoke the new SAE 

standard. When TSO–C121b is 

published the FAA will withdraw TSO– 

C121 and TSO–C121a authorizations no 

later than March 1, 2014. All 

Underwater Locating Devices (Acoustic) 

(Self-Powered) equipment 

manufacturers seeking TSO 

authorization will need to obtain 

authorization to manufacture in 

accordance with TSO–C121b. 

Issued in Washington, DC, on August 18, 

2011. 

Susan J.M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. 2011–21536 Filed 8–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

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