8628 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 

1 75 FR 42296; July 21, 2010. 

2Paperwork Reduction Act. 

3FAA Form 7460–1: Notice of Proposed 

Construction or Alteration. 

With the exception of editorial changes, 

and the changes described above, this 

rule is the same as that proposed in the 

NPRM. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Because this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart 1, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

prescribing regulations to ensure the 

safe and efficient use of the navigable 

airspace. This regulation is within the 

scope of that authority because it creates 

Class E airspace sufficient in size to 

contain aircraft executing instrument 

procedures for the Platinum Airport and 

represents the FAA’s continuing effort 

to safely and efficiently use the 

navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth. 

* * * * * 

AAL AK E5 Platinum, AK [Revised] 

Platinum Airport, AK 

(Lat. 59°00′57′′ N., long. 161°49′31′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Platinum Airport, and the 

airspace extending upward from 1,200 feet 

above the surface within a 73-mile radius of 

the Platinum Airport. 

* * * * * 

Issued in Anchorage, AK, on February 4, 

2011. 

James M. Miller, 

Acting Manager, Alaska Flight Services 

Information Area Group. 

[FR Doc. 2011–3250 Filed 2–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 77 

[Docket No.: FAA–2006–25002; Amendment 

No. 77–13] 

RIN 2120–AH31 

Safe, Efficient Use and Preservation of 

the Navigable Airspace; OMB Approval 

of Information Collection 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; OMB approval of 

information collection. 

SUMMARY: This document announces the 

Office of Management and Budget’s 

(OMB’s) approval of the information 

collection requirements in the final rule, 

published on July 21, 2010, entitled 

Safe, Efficient Use and Preservation of 

the Navigable Airspace. 

DATES: The final rule published on July 

21, 2010 with an effective date of 

January 18, 2011. The FAA received 

OMB approval for the information 

collection requirements in the final rule 

on January 14, 2011. The information 

collection requirements in the final rule 

will become effective on February 15, 

2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions about the final rule, 

contact Ellen Crum, Air Traffic Systems 

Operations, Airspace and Rules Group, 

AJR–33, Federal Aviation 

Administration, 800 Independence 

Ave., SW., Washington, DC 20591; 

telephone (202) 267–8783; facsimile 

(202) 267–9328. 

SUPPLEMENTARY INFORMATION On July 21, 

2010, the final rule entitled Safe, 

Efficient Use and Preservation of the 

Navigable Airspace, was published in 

the Federal Register.1 In that rule, the 

FAA amended the regulations governing 

objects that may affect the navigable 

airspace to incorporate case law and 

legislative action, and to simplify the 

rule language. 

In section III 2 of the preamble to the 

final rule, the FAA noted that affected 

parties were not required to comply 

with the new information collection 

requirements until OMB approved the 

FAA’s request to collect the 

information. 

In accordance with the Paperwork 

Reduction Act, the FAA submitted a 

copy of the new information collection 

requirements to OMB for its review. On 

January 14, 2011, OMB approved the 

FAA’s request under Control Number 

2120–0745, which will expire January 

31, 2013. 

Today’s notice is being published to 

inform affected parties of OMB’s 

approval, and to announce that as of the 

effective date of this notice, affected 

parties must comply with the new 

information collection requirements in 

14 CFR 77.7, 77.9, and 77.11. 

As part of OMB’s approval, it advised 

the FAA that because the form 3 that 

will be used to collect the new 

information was previously approved 

under existing Control Number 2120– 

0001, the FAA must revise 2120–0001 to 

incorporate the new information 

collection requirements and submit the 

revision to OMB for approval. 

Accordingly, the FAA will prepare the 

revision and publish it in the Federal 

Register for public comment. The FAA 

will consider the comments it receives 

before finalizing the revision and 

sending it to OMB for approval. 

Meanwhile, affected parties must 

comply with the information collection 

requirements in the final rule, Safe, 

Efficient Use and Preservation of the 

Navigable Airspace, according to OMB’s 

approval under Control Number 2120– 

0745. 


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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 8629 

Issued in Washington, DC, on February 9, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2011–3312 Filed 2–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 440 

[Docket No. FAA–2010–1150; Amendment 

No. 440–2] 

RIN 2120–AJ85 

Clarification of Reciprocal Waivers of 

Claims for Multiple-Customer 

Commercial Space Launch and 

Reentry 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Technical amendment. 

SUMMARY: This action clarifies a 

reciprocal waiver of claims requirement 

for an FAA authorized launch or reentry 

in which a licensee or permittee has 

multiple customers. There has been 

confusion about whether all customers 

must sign or whether one customer can 

sign such an agreement on behalf of all 

customers. This action eliminates any 

confusion by clarifying that a reciprocal 

waiver of claims requires each customer 

to enter into a waiver with the U.S. 

Government and the licensee or 

permittee. However, this action does not 

change the existing practice for 

government customers, which is that the 

FAA signs on their behalf. 

DATES: This amendment becomes 

effective March 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Laura Montgomery, Senior Attorney for 

Commercial Space Transportation, 

Office of the Chief Counsel, Regulations 

Division, AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971; e-mail 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The statute under which the Secretary 

of Transportation regulates commercial 

space transportation, 51 U.S.C. subtitle 

V, chapter 509, sections 50901–50923 

(chapter 509), requires that, for each 

commercial space launch or reentry, the 

Department of Transportation (DOT) 

and, through delegation, the Federal 

Aviation Administration (FAA) enter 

into a reciprocal waiver of claims 

agreement with ‘‘the licensee or 

transferee, contractors, subcontractors, 

crew, space flight participants, and 

customers of the licensee or transferee, 

and contractors and subcontractors of 

the customers * * *’’ 51 U.S.C. 

50914(b)(2). This requirement also 

applies to permittees under 51 U.S.C. 

50906(i). This rule changes Title 14, 

Code of Federal Regulations (14 CFR) 

440.17(c) to more clearly track Congress’ 

requirement that the reciprocal waiver 

of claims include all ‘‘customers of the 

licensee or transferee * * *’’ Id. 

(emphasis added). 

Prior Rulemakings 

Enacted in 1998, § 440.17(c) requires 

that the U.S. Government, commercial 

space launch and reentry licensees, and 

the licensees’ customers enter into a 

reciprocal waiver of claims agreement 

with the government. See Financial 

Responsibility Requirements for 

Licensed Launch Activities, 63 FR 45592 

(Aug. 26, 1998) (final rule); and 

Financial Responsibility Requirements 

for Licensed Launch Activities, 61 FR 

38992 (Jul. 25, 1996) (notice of proposed 

rulemaking) (‘‘Financial Responsibility 

NPRM’’). The regulation was amended 

to require a waiver between the U.S. 

Government, permittees, and the 

permittees’ customers. See Human 

Space Flight Requirements for Crew and 

Space Flight Participants, 71 FR 75616 

(Dec. 5, 2006) (final rule); and 

Experimental Permits for Reusable 

Suborbital Rockets, 70 FR 77262 (Dec. 

29, 2005) (notice of proposed 

rulemaking). 

Background 

The FAA is required by 51 U.S.C. 

50914(b)(2) and 50906(i) to enter into a 

reciprocal waiver of claims agreement 

with the customers of a licensee or 

permittee for commercial space flight. 

The pertinent part of the regulation for 

implementing this congressional 

requirement, § 440.17(c), currently 

mandates that the licensee or permittee 

and its customer enter into a three-party 

reciprocal waiver of claims agreement 

when conducting a licensed or 

permitted activity in which the federal 

government, any agency, or its 

contractors and subcontractors is 

involved. This requirement also applies 

to activities where property insurance is 

required under § 440.9(d). 

Unfortunately, the FAA has found 

that this language has created confusion. 

The term ‘‘three-party reciprocal 

waiver,’’ in particular, has prompted 

some customers of commercial space 

launches to believe that only three 

parties were necessary to complete the 

waiver, even if there were multiple 

customers; and so, under this 

interpretation, only one customer was 

considered necessary to sign the waiver. 

Further, Appendix B and Appendix C of 

part 440 define, ‘‘Customer’’ as the 

above-named Customer on behalf of the 

Customer and any person described in 

§ 440.3 of the regulations. Again, 

customers sometimes read this language 

to suggest that one customer could sign 

on behalf of the other customers. 

However, a plain language reading of 

the statute makes it clear that Congress 

intended the government to enter into a 

reciprocal waiver of claims with all 

customers. See 51 U.S.C. 50914(b)(2). 

Further, the notice of proposed 

rulemaking (NPRM) for § 440.17 shows 

that the regulation actually captures all 

customers within the reciprocal waiver 

requirement. As noted in the Financial 

Responsibility NPRM: 

A question has been raised by a payload 

company as to the Office’s requirements 

when multiple customers contract with a 

launch operator for launch services or there 

is more than one customer’s payload on the 

launch manifest for a single launch. In those 

cases, executing a single waiver of claims 

agreement that includes each customer as a 

party to the agreement, or executing separate 

but appropriately modified agreements, 

would serve to ensure all parties have been 

included and protected as intended. 

See Financial Responsibility NPRM, 61 

FR at 39012. Also, in practice, the FAA 

has held the view that all customers 

must enter into the reciprocal waiver of 

claims and has ensured that each 

customer enter into the waiver of 

claims. 

The changes to Appendix B and 

Appendix C of part 440 provide 

examples of waiver agreements for 

multiple-customer launches and 

reentries. These examples are included 

for the convenience of parties involved 

in commercial space activities. The 

FAA’s intent with these examples is to 

clarify that each customer must waive 

claims against all other customers, the 

U.S. Government, and the licensee or 

permittee. Each customer is also 

required to indemnify these other 

parties against claims by the customer’s 

own contractors and subcontractors. 

Further, each customer must extend 

the reciprocal waiver of claims to its 

own contractors and subcontractors. 

However, in no case is any one 

customer required to indemnify against 

claims brought by another customer, or 

to extend the reciprocal waiver of 

claims to other customers or the 

contractors and subcontractors of any 

other customer. Thus, the definition of 

‘‘customer’’ in the appendices has been 

clarified to ensure that one customer 

cannot sign on behalf of other 


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