51968 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 404, 413, and 420 

[Docket No. FAA–2005–21234, Amendment 

Nos. 404–3, 413–8, and 420–2] 

RIN 2120–AI45 

Miscellaneous Changes to Commercial 

Space Transportation Regulations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule amends FAA 

regulations governing commercial space 

transportation. These changes are 

necessary to reflect a statutory change, 

capture current practice and to correct 

errors in a table. The purpose of the 

changes is to give the public and the 

regulated industry accurate and current 

information. 

DATES: These amendments become 

effective October 2, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Murray, Office of Commercial 

Space Transportation, Space Systems 

Development Division (AST–100), 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–7892; facsimile (202) 267–5473, 

e-mail Michelle.Murray@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/ 

regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.access.gpo.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact a local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Authority for This Rulemaking 

The Commercial Space Launch Act of 

1984, as codified and amended at 49 

U.S.C. Subtitle IX—Commercial Space 

Transportation, ch. 701, Commercial 

Space Launch Activities, 49 U.S.C. 

70101–70121 (the Act), authorizes the 

Department of Transportation and thus 

the FAA, through delegations (See 64 

FR 19586, Apr. 21, 1999) to oversee, 

license and regulate commercial launch 

and reentry activities and the operation 

of launch and reentry sites as carried 

out by U.S. citizens or within the United 

States. 49 U.S.C. 70104, 70105. The Act 

directs the FAA to exercise this 

responsibility consistent with public 

health and safety, safety of property, 

and the national security and foreign 

policy interests of the United States. 49 

U.S.C. 70105. The FAA is also 

responsible for encouraging, facilitating 

and promoting commercial space 

launches by the private sector. 49 U.S.C. 

70103. A 1996 National Space Policy 

recognizes the Department of 

Transportation as the lead Federal 

agency for regulatory guidance 

regarding commercial space 

transportation activities. 

The rules that we are adopting are 

part of the Commercial Space 

Transportation Regulations and fall 

within the authority above. 

Background 

On May 19, 2005, the FAA published 

a notice of proposed rulemaking 

(NPRM) in the Federal Register (70 FR 

29164). Readers should refer to the 

NPRM for additional background 

information. We received comments 

from eight sources, including five 

individuals, one corporation, the 

International Astronomical Union, and 

the American Astronomical Society. 

These comments are discussed in detail 

later in this preamble. 

Discussion of the Rules Adopted 

Section 404.3 Waiver of the 

Requirement for a License 

The Commercial Space Act of 1998 

(Pub. L. 105–303) modified section 

70105(b)(3) of the Commercial Space 

Launch Act to allow the Associate 

Administrator to waive the requirement 

to obtain a license for an individual 

applicant. The Associate Administrator 

must determine that the waiver is in the 

public interest and will not jeopardize 

the public health and safety, the safety 

of property, or any national security or 

foreign policy interest of the United 

States. We are amending our regulations 

to reflect this authority. 

Section 404.5 Petition for 

Reconsideration 

The FAA amends 14 CFR 404.5 by 

adding a process for reconsidering a 

denial of a waiver or petition. The 

addition of a license waiver process to 

14 CFR 404.3 highlighted the fact that 

our existing petition processes do not 

allow for reconsideration of a denial of 

a waiver or petition. 

Currently, 14 CFR 404.5(b) allows the 

Associate Administrator for Commercial 

Space Transportation to grant a petition 

for a waiver if the waiver is in the public 

interest and will not jeopardize public 

health and safety, the safety or property, 

or any national security or foreign 

policy interest of the United States. 

Existing 14 CFR 404.5(c) provides that 

if the Associate Administrator 

determines that the petition does not 

justify granting the waiver, the petition 

is denied. 

14 CFR 404.5(e) will allow a 

petitioner to request reconsideration of 

a petition denial within 60 days of the 

date of the denial. For FAA to accept the 

petition, it will have to show one of the 

following: 

• The petitioner has a significant 

additional fact and a reason for not 

presenting it in the original petition, 

• The FAA made an important factual 

error in the denial of the original 

petition, or 

• The denial by the FAA is not in 

accordance with applicable law and 

regulations. 

Section 413.7(c) Signature and 

Certification of Accuracy of an 

Application 

Existing 14 CFR 413.7(c)(1) requires 

that an application for licensed 

activities must be legibly signed, dated, 

and certified as true, complete, and 

accurate by an officer authorized to act 

for the corporation (italics added) in 

licensing matters. To reduce the burden 

of licensing on the commercial space 

industry, the FAA amends 14 CFR 

413.7(c)(1) to allow corporations to 

designate a person to sign applications 

who is not an officer of the corporation. 

For large corporations, the requirement 

for an officer of the company to submit 

an application is often difficult. Getting 

the original application signed by an 

officer may not be difficult, but the final 

application usually includes additional 


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information. It is sometimes difficult for 

all of the additional information or data 

to be signed by an officer of the 

corporation. The application process 

will be streamlined if an officer of a 

corporation can delegate his or her 

responsibility in licensing matters. 

Part 420 Appendix C, Correction of 

Table C–3 

Appendix C to part 420 provides a 

method for a launch site operator 

applicant to estimate the expected 

casualty (Ec) for a representative launch 

vehicle using a flight corridor generated 

either by appendix A or appendix B to 

part 420. As part of the calculation, a 

casualty area lookup table is used. 

Recent analysis has shown that 

expected casualty values generated by 

appendix C are inaccurate due to 

incorrect casualty areas in Table C–3. 

We are replacing the lookup table with 

corrected casualty areas, which in turn 

will produce more reasonable Ec values. 

The new values will be, on average, an 

order of magnitude lower than their 

original counterparts. This change will 

affect launch site applicants who wish 

to use the appendix C method to comply 

with part 420. To date, no one has 

applied for a launch site operator 

license using the appendix C method. 

Prohibition of Obtrusive Space 

Advertising 

The NPRM contained a definition of 

‘‘obtrusive space advertising’’ that was 

proposed to be added to the definitions 

section in 14 CFR 401.5. We proposed 

adding to 14 CFR 415.51 a requirement 

that the FAA would review a payload 

proposed for launch to determine if the 

launch of the payload will result in 

obtrusive space advertising. Section 

415.51, as proposed, would also have 

placed a prohibition on the launch of a 

payload if it resulted in obtrusive space 

advertising. We intended the proposal 

to address the statutory requirements 

contained in the National Aeronautics 

and Space Administration 

Authorization Act of 2000 (Pubic Law 

106–391 of October 30, 2000), which 

amended 49 U.S.C. chapter 701. 

Advertising from space is a new form 

of communication that had the potential 

to become widespread as the space 

industry developed. Prior to the 

enactment of Public Law 106–391, this 

form of advertisement had been used on 

such activities as placing advertising 

logos on uniforms, launch vehicles, 

launch facilities, and launch 

infrastructure. Outer space offered the 

possibility to promote messages in 

entirely new ways. Objects placed in 

orbit, if large enough, could be seen by 

people around the world for long 

periods of time greatly increasing the 

value of advertising. However, their 

visibility in the sky could have adverse 

effects on the general public, 

astronomers, and other components of 

the space industry. Large 

advertisements could destroy the 

darkness of the night sky. Their size and 

light emissions could impede 

astronomical observations that rely on a 

dark celestial environment. Their size 

and light could also cause interference 

with the satellite control systems that 

use star trackers and sun sensors for 

guidance and navigation. 

Congress responded to the potential 

conflict in the use of outer space by 

these competing interests by enacting 

Public Law 106–391, which banned all 

obtrusive space advertising. Obtrusive 

space advertising, as defined in 49 

U.S.C. 70102, is ‘‘advertising in outer 

space that is capable of being recognized 

by a human being on the surface of the 

Earth without the aid of a telescope or 

other technological device.’’

The language we proposed in the 

NPRM for the definition of ‘‘obtrusive 

space advertising’’ was the same as that 

contained in § 70102. After reviewing 

the comments and the language of the 

statutes the FAA is withdrawing the 

proposal to change § 401.5 and § 415.51 

as proposed in the NPRM because we 

determined that the regulatory 

prohibition is not necessary. The 

statutory prohibitions are sufficient to 

prevent the launch of a payload 

containing obtrusive space advertising. 

Discussion of Comments 

We received several comments on the 

proposal, which were exclusively in the 

area of obtrusive space advertising and 

almost evenly divided between two 

opposite positions. Comments from 

Kyle Bennett, David L. Williamson, and 

Christopher G. Modzelewski were 

generally opposed to the proposed 

obtrusive space advertising prohibition. 

Alternatively, comments from Carla M. 

Beaudet, Nickolaus E. Leggett and 

representatives of the American 

Astronomical Society (AAS), and the 

International Astronomical Union (IAU) 

generally supported the obtrusive space 

advertising prohibition. Finally, 

comments from Randall Clague 

represented a moderate position. After 

reviewing the public comments, two 

major areas of contention became 

apparent between the opposing groups. 

The first area of contention exists 

between commenters who believe that 

obtrusive space advertising will degrade 

the quality of the night sky versus those 

who believe the economic benefit 

derived from allowing obtrusive space 

advertising is too great to prohibit it. 

Ms. Beaudet and representatives from 

the AAS and IAU believe that obtrusive 

space advertising will lower the quality 

of the night sky. Ms. Beaudet compares 

obtrusive space advertising to ugly 

billboards along highways. 

Alternatively, Mr. Bennett and Mr. 

Williamson believe that forms of 

advertising that may be classified as 

obtrusive could be important funding 

sources for commercial space 

endeavors. Mr. Bennett and Mr. 

Modzelewski believe that the proposed 

prohibition will not stop deployment of 

obtrusive space advertising but will 

simply drive companies overseas to 

purchase launch services in countries 

that do not have similar restrictions on 

the launch of obtrusive space 

advertising. 

The second area of contention exists 

between commenters who believe the 

proposed definition of ‘‘obtrusive space 

advertising’’ is not encompassing 

enough and those who believe it is too 

encompassing. The AAS and IAU 

believe that obtrusive space advertising 

will obscure astronomical observations. 

In addition, the IAU seeks a more 

restrictive quantitative definition. 

Alternatively, Mr. Modzelewski and Mr. 

Williamson believe that the proposed 

definition is too encompassing and fails 

to take into consideration certain 

solutions that may mitigate the 

perceived ‘‘obtrusive’’ aspects of space 

advertising. Mr. Clague proposes a 

quantitative tool that could provide a 

bright line test for identifying obtrusive 

space advertising. His tool utilizes three 

basic characteristics of light sources 

including, brightness, size, and dwell 

time to determine a visual nuisance 

value. 

After reviewing the comments, the 

FAA is withdrawing the proposal to 

change § 401.5 and § 415.51 in the 

NPRM because it has determined that 

the regulatory prohibition is not 

necessary. We believe the statutory 

prohibitions are sufficient to prevent the 

launch of a payload containing 

obtrusive space advertising. 

Section 70109a(a) stops the FAA from 

issuing, transferring, or waiving the 

launch license requirements for the 

launch of a payload containing any 

material to be used for the purposes of 

obtrusive space advertising. This 

statutory provision requires the FAA to 

follow the intent of Congress and refrain 

from involvement in an attempt to 

legally launch a payload containing 

obtrusive space advertising. If an 

applicant approaches the FAA in an 

attempt to launch a payload containing 

obtrusive space advertising, the FAA 

will rely on the existing regulatory 

authority of 14 CFR 415.51, 415.57, and 


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51970 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

415.59 to review the payload. The FAA 

will consider factors of brightness, size, 

and dwell time in making a 

determination. If after considering these 

factors, the FAA determines that the 

payload contains obtrusive space 

advertising, then the applicant will be 

notified of the statutory prohibition as 

provided in 14 CFR 415.61. Section 

70109a(b) prohibits holders of a license 

from launching a payload containing 

any material to be used for purposes of 

obtrusive space advertising. This 

provision covers existing license 

holders. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there are no new 

information collection requirements 

associated with this final rule. 

Economic Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (Pub. L. 96–39) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, the Trade Act requires 

agencies to consider international 

standards and, where appropriate, that 

they be the basis for U.S. standards. 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation with 

base year of 1995). This portion of the 

preamble summarizes the FAA’s 

analysis of the economic impacts of this 

final rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows. 

The final rule regarding license 

waivers amends 14 CFR 404.3 to allow 

the FAA to waive the requirement for a 

license when the Associate 

Administrator for Commercial Space 

Transportation determines that waiving 

the requirement for a license is in the 

public interest and will not jeopardize 

public health and safety, the safety of 

property, or any national security or 

foreign policy interest of the United 

States. The license waiver amendment 

will codify current practice and 

procedures as established in the 

Commercial Space Act of 1998. Since 

the amendment will codify current 

practice and procedures, there should 

be no costs or benefits. 

The final rule will amend 14 CFR 

404.5 to allow for reconsideration of a 

denial of a waiver. This change will 

provide due process to a person whose 

petition for a waiver or exemption was 

denied by the FAA. There is the 

potential for a cost savings if the 

petitioner can show that the FAA has 

made a factual error or has not correctly 

applied existing law to a waiver request. 

The final rule regarding the delegation 

of signing off for licensing matters 

amends 14 CFR 413.7(c) to allow 

corporations to designate a duly 

appointed person to sign in licensing 

matters who is not an officer of the 

corporation. Currently, only an officer 

authorized to act for the corporation in 

licensing matters has this signature 

authority. The rule will reduce the 

burden of licensing on the commercial 

space transportation industry by 

allowing corporations to delegate this 

authority to a person other than a 

corporate officer. The rule will expedite 

the licensing process because if the 

corporate officer were not available the 

delegated person could act in his or her 

place. The overall impact could result in 

a cost savings. 

The rule will change Table C–3 of 

Appendix C in part 420 to correct values 

of the effective casualty area. An 

effective casualty area is defined in 14 

CFR 420.5 as the aggregate casualty area 

of each piece of debris created by a 

launch vehicle failure at a particular 

point on its trajectory. Launch site 

applicants seeking a license to operate 

a site where guided expendable launch 

vehicles may be launched use these 

casualty areas to calculate the expected 

casualty of a proposed vehicle along a 

specified flight corridor. Recent analysis 

has shown that expected casualty values 

generated by appendix C are inaccurate 

due to incorrect casualty areas in Table 

C–3. We are replacing the lookup table 

with corrected casualty areas, which in 

turn will produce more reasonable 

expected casualty values. The new 

values will be, on average, an order of 

magnitude lower than their original 

counterparts. The rule will affect launch 

site operator or license applicants who 

wish to use Appendix C to comply with 

part 420. Launch vehicle operators will 

not be affected by this rule because each 

vehicle they propose to launch from a 

site will require the use of their vehiclespecific attributes instead of the above 

mentioned table values when 

calculating the effective casualty area. 

The rule will allow for more accurate 

estimates of expected casualty 

calculations for the launch of a guided 

expendable launch vehicle. The primary 

benefit from the change is that more 

sites will initially qualify for a launch 

site operator license. Since this final 

rule merely revises and clarifies FAA 

rulemaking procedures, the expected 

outcome will have a minimal impact 

with possible cost savings to the 

industry, and a regulatory evaluation 

was not prepared. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration. The RFA 

covers a wide-range of small entitites, 

including small business, not-for-profit 

organizations, and small governmental 

jurisdictions. Agencies must perform a 

review to determine whether a rule will 

have a significant economic impact on 

a substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51971 

factual basis for this determination, and 

the reasoning should be clear. 

This final rule amends FAA 

regulations governing commercial space 

transportation. These changes are 

necessary to reflect a statutory change, 

capture current practice and to correct 

errors in a table. The purpose of the 

changes is to give the public and the 

regulated industry accurate and current 

information. These miscellaneous 

changes to the commercial space 

transportation regulations will have 

minimal cost impact. Therefore, as the 

FAA Administrator, I certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this final rule and 

has determined that it will have only a 

domestic impact and therefore no effect 

on any trade-sensitive activity. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation with the 

base year 1995) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$128.1 million in lieu of $100 million. 

This final rule does not contain such 

a mandate. The requirements of Title II 

do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will not 

have a substantial direct effect 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, and therefore will 

not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312(d) and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects in 14 CFR Parts 404, 

413, and 420 

Aviation safety, Environmental 

protection, Space transportation and 

exploration. 

The Amendment 

■ For the reasons stated in the preamble, 

the Federal Aviation Administration 

amends Chapter III of Title 14, Code of 

Federal Regulations as follows: 

PART 404—REGULATIONS AND 

LICENSING REQUIREMENTS 

■ 1. The authority citation for part 404 

continues to read as follows: 

Authority: 49 U.S.C. 70101–70121. 

■ 2. Revise § 404.3 to read as follows: 

§ 404.3 Filing of petitions to the Associate 

Administrator. 

(a) Any person may petition the 

Associate Administrator to: 

(1) Issue, amend, or repeal a 

regulation to eliminate as a requirement 

for a license or permit any requirement 

of Federal law applicable to commercial 

space launch and reentry activities and 

the operation of launch and reentry 

sites; 

(2) Waive any such requirement in the 

context of a specific application for a 

license or permit; or 

(3) Waive the requirement for a 

license. 

(b) Each petition filed under this 

section must: 

(1) Be submitted in duplicate to the: 

(i) Office of Commercial Space 

Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Room 331, Washington, 

DC 20591; or 

(ii) Documentary Services Division, 

Attention Docket Section, Room 4107, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590. 

(2) Set forth the text or substance of 

the regulation or amendment proposed, 

the regulation to be repealed, the 

licensing or permitting requirement to 

be eliminated or waived, or the type of 

license or permit to be waived; 

(3) In the case of a petition for a 

waiver of a particular licensing or 

permitting requirement, explain the 

nature and extent of the relief sought; 

(4) Contain any facts, views, and data 

available to the petitioner to support the 

action requested; and 

(5) In the case of a petition for a 

waiver, be submitted at least 60 days 

before the proposed effective date of the 

waiver unless good cause for later 

submission is shown in the petition. 

(c) A petition for rulemaking filed 

under this section must contain a 

summary, which the Associate 

Administrator may cause to be 

published in the Federal Register, 

which includes: 

(1) A brief description of the general 

nature of the action requested; and 

(2) A brief description of the pertinent 

reasons presented in the petition for 

instituting the rulemaking. 

(d) A petition filed under this section 

may request, under 14 CFR 413.9, that 

the Department withhold certain trade 

secrets or proprietary commercial or 

financial data from public disclosure. 

■ 3. Amend § 404.5 by adding new 

paragraph (e) to read as follows: 

§ 404.5 Action on petitions. 

* * * * * 

(e) Reconsideration. Any person may 

petition FAA to reconsider a denial of 

a petition the person had filed. The 

petitioner must send a request for 

reconsideration within 60 days after 

being notified of the denial to the same 

address to which the original petition 

went. For FAA to accept the petition, 

the petitioner must show the following: 

(1) There is a significant additional 

fact and the reason it was not included 

in the original petition; 

(2) FAA made an important factual 

error in our denial of the original 

petition; or 

(3) The denial by the FAA is not in 

accordance with the applicable law and 

regulations. 


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51972 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

PART 413—LICENSE APPLICATION 

PROCEDURES 

■ 4. The authority citation for part 413 

continues to read as follows: 

Authority: 49 U.S.C. 70101–70121. 

■ 5. Revise § 413.7(c)(1) to read as 

follows: 

§ 413.7 Application. 

* * * * * 

(c) * * * 

(1) For a corporation: An officer or 

other individual duly authorized to act 

for the corporation in licensing matters. 

* * * * * 

PART 420—LICENSE TO OPERATE A 

LAUNCH SITE 

■ 6. The authority citation for part 420 

continues to read as follows: 

Authority: 49 U.S.C. 70101–70121. 

■ 7. Revise Table C–3 of Appendix C to 

part 420 to read as follows: 

* * * * * 

Appendix C to Part 420—Risk Analysis 

TABLE C–3.—EFFECTIVE CASUALTY AREA (MILES 2) AS A FUNCTION OF IIP RANGE (NM) 

Orbital launch vehicles Suborbital 

launch 

vehicles 

Instantaneous impact point range (nautical miles) Small Medium Medium large Large 

Guided 

0–49 ..................................................................................... 3.14 x 10¥2 1.28 x 10¥1 4.71 x 10¥2 8.59 x 10¥2 4.3 x 10¥1

50–1749 ............................................................................... 2.47 x 10¥2 2.98 x 10¥2 9.82 x 10¥3 2.45 x 10¥2 1.3 x 10¥1

1750–5000 ........................................................................... 3.01 x 10¥4 5.52 x 10¥3 7.82 x 10¥3 1.14 x 10¥2 3.59 x 10¥6

* * * * * Issued in Washington, DC on August 16, 

2006. 

Marion C. Blakey, 

Administrator. 

[FR Doc. 06–7354 Filed 8–30–06; 8:45 am] 

BILLING CODE 4910–13–P 


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