This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

61721 

Vol. 77, No. 197 

Thursday, October 11, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2006–26661; Amdt. No. 

61–129A] 

RIN 2120–AI86 

Pilot, Flight Instructor, and Pilot 

School Certification; Technical 

Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is correcting a final 

rule; technical amendment published on 

December 16, 2011 (76 FR 78141). This 

final rule; technical amendment was 

originally published to correct a final 

rule published on August 21, 2009 (74 

FR 42500). In that original final rule, the 

FAA amended its regulations to revise 

the training, qualification, certification, 

and operating requirements for pilots, 

flight instructors, ground instructors, 

and pilot schools. A portion of the 

codified text was inadvertently deleted 

and this document corrects that error. 

DATES: Effective: October 11, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Jeffrey Smith, Airmen 

Certification and Training Branch, AFS– 

810, General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

493–4789; email to 

jeffrey.smith@faa.gov. 

For legal questions concerning this 

action, contact Paul G. Greer, Office of 

the Chief Counsel, Regulations Division, 

AGC–210, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email 

Paul.G.Greer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Technical Amendment 

On December 16, 2011 (76 FR 78141), 

the FAA published a final rule; 

technical amendment. This final rule; 

technical amendment was originally 

published to correct a final rule 

published on August 21, 2009 (74 FR 

42500). That original final rule revised 

the training, qualification, certification, 

and operating requirements for pilots, 

flight instructors, ground instructors, 

and pilot schools. The FAA is now 

issuing an additional final rule; 

technical amendment that corrects the 

codified text that was inadvertently 

deleted in § 61.23. 

Because the changes in this technical 

amendment result in no substantive 

change, we find good cause exists under 

5 U.S.C. 553(d)(3) to make the 

amendment effective in less than 30 

days. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Amend § 61.23 by revising 

paragraph (c) to read as follows: 

§ 61.23 Medical certificates: requirement 

and duration. 

* * * * * 

(c) Operations requiring either a 

medical certificate or U.S. driver’s 

license. (1) A person must hold and 

possess either a medical certificate 

issued under part 67 of this chapter or 

a U.S. driver’s license when— 

(i) Exercising the privileges of a 

student pilot certificate while seeking 

sport pilot privileges in a light-sport 

aircraft other than a glider or balloon; 

(ii) Exercising the privileges of a sport 

pilot certificate in a light-sport aircraft 

other than a glider or balloon; 

(iii) Exercising the privileges of a 

flight instructor certificate with a sport 

pilot rating while acting as pilot in 

command or serving as a required flight 

crewmember of a light-sport aircraft 

other than a glider or balloon; or 

(iv) Serving as an Examiner and 

administering a practical test for the 

issuance of a sport pilot certificate in a 

light-sport aircraft other than a glider or 

balloon. 

(2) A person using a U.S. driver’s 

license to meet the requirements of this 

paragraph must— 

(i) Comply with each restriction and 

limitation imposed by that person’s U.S. 

driver’s license and any judicial or 

administrative order applying to the 

operation of a motor vehicle; 

(ii) Have been found eligible for the 

issuance of at least a third-class airman 

medical certificate at the time of his or 

her most recent application (if the 

person has applied for a medical 

certificate); 

(iii) Not have had his or her most 

recently issued medical certificate (if 

the person has held a medical 

certificate) suspended or revoked or 

most recent Authorization for a Special 

Issuance of a Medical Certificate 

withdrawn; and 

(iv) Not know or have reason to know 

of any medical condition that would 

make that person unable to operate a 

light-sport aircraft in a safe manner. 

* * * * * 

Issued in Washington, DC, on October 1, 

2012. 

Lirio Liu, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2012–25034 Filed 10–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Atlantic Ocean off Wallops Island and 

Chincoteague Inlet, VA; Danger Zone 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 


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61722 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending an 

existing permanent danger zone in the 

waters of the Atlantic Ocean off Wallops 

Island and Chincoteague Inlet, Virginia. 

The National Aeronautics and Space 

Administration, Goddard Space Flight 

Center, Wallops Flight Facility flight 

range capabilities have been expanded 

to accommodate larger classes of orbital 

rockets. This amendment increases the 

permanent danger zone to a 30 nautical 

mile sector and is necessary to protect 

the public from hazards associated with 

rocket-launching operations. 

DATES: Effective Date: October 12, 2012. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO–R (David B. 

Olson), 441 G Street NW., Washington, 

DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Ms. Nancy Hankins, Corps of Engineers, 

Norfolk District, Regulatory Branch, at 

757–201–6048. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to amend an existing danger zone to 

accommodate larger classes of orbital 

rockets. This amendment increases the 

permanent danger zone to a 30 nautical 

mile sector and is necessary to protect 

the public from hazards associated with 

rocket-launching operations. 

The Corps authority to amend this 

restricted area is Section 7 of the Rivers 

and Harbors Act of 1917 (40 Stat. 266; 

33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3). 

Background 

Pursuant to its authorities in Section 

7 of the Rivers and Harbors Act of 1917 

(40 Stat. 266; 33 U.S.C. 1) and Chapter 

XIX of the Army Appropriations Act of 

1919 (40 Stat. 892; 33 U.S.C. 3), the 

Corps is amending the regulations in 33 

CFR part 334 by establishing a new 

permanent danger zone, in the waters of 

the Atlantic Ocean off Wallops Island 

and Chincoteague Inlet, Virginia. The 

modification to the regulations is 

described below. 

The proposed rule was published in 

the October 11, 2011, issue of the 

Federal Register (76 FR 62692), and its 

regulations.gov docket number is COE– 

2011–0019. There were two comments 

received in response to the proposed 

rule. First, we received a response from 

the Commonwealth of Virginia 

Department of Conservation and 

Recreation stating that they do not 

anticipate that the project will adversely 

impact natural resources. Second, we 

received comments from the Town of 

Chincoteague, Virginia informing us of 

their space tourism plan and requesting 

confirmation that their proposed tourist 

viewing areas would not be in conflict 

with the new danger zone. In response, 

NASA met with the Town of 

Chincoteague and together they 

developed a communication plan that 

will ensure public safety during 

launching operations. 

Procedural Requirements 

a. Review under Executive Order 

12866. This rule is issued with respect 

to a military function of the Defense 

Department and the provisions of 

Executive Order 12866 do not apply. 

b. Review under the Regulatory 

Flexibility Act. This rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps determined 

that this regulation would have 

practically no economic impact on the 

public nor would it result in any 

anticipated navigational hazard or 

interference with existing waterway 

traffic. This regulation will have no 

significant economic impact on small 

entities. 

c. Review under the National 

Environmental Policy Act. This rule will 

not have a significant impact to the 

quality of the human environment and, 

therefore, preparation of an 

environmental impact statement will 

not be required. An environmental 

assessment has been prepared and it 

may be reviewed at the district office 

listed at the end of the FOR FURTHER

INFORMATION CONTACT above. 

d. Unfunded Mandates Act. This rule 

does not impose an enforceable duty on 

the private sector and, therefore, it is not 

a Federal private sector mandate and is 

not subject to the requirements of either 

Section 202 or Section 205 of the 

Unfunded Mandates Reform Act. (Pub. 

L. 104–4, 109 Stat. 48, 2 U.S.C. 1501 et 

seq.) We have also found under Section 

203 of the Act, that small governments 

will not be significantly or uniquely 

affected by this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons set out in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.130 to read as follows: 

§ 334.130 Atlantic Ocean off Wallops 

Island and Chincoteague Inlet, Va.; danger 

zone. 

(a) The area. An area immediately 

behind and directly offshore from 

Wallops Island defined by lines drawn 

as follows: Beginning at latitude 

37°53′00′′ N, longitude 75°29′48′′ W; 

thence to latitude 37°53′03′′ N, 

longitude 74°50′52′′ W; thence to 

latitude 37°38′28′′ N, longitude 

74°51′48′′ W; thence to latitude 

37°22′00′′ N, longitude 75°09′35′′ W; 

thence to latitude 37°19′11′′ N, 

longitude 75°30′00′′ W; thence to 

latitude 37°47′57′′ N, longitude 

75°32′19′′ W; and thence to latitude 

37°53′00′′ N, longitude 75°29′48′′ W. 

(b) The regulations. (1) Persons and 

vessels shall only be prohibited from 

entering the area when launch 

operations are being conducted. 

(2) In advance of scheduled launch 

operations which, in the opinion of the 

enforcing agency, may be dangerous to 

persons and watercraft, appropriate 

warnings will be issued to navigation 

interests through official government 

and civilian channels or in such other 

manner as the District Engineer, U.S. 

Army Corps of Engineers, may direct. 

Such warnings will specify the location, 

time, and duration of operations, and 

give other pertinent information as may 

be required in the interests of safety. 

Announcement of area of closure will 

appear in the weekly ‘‘Notice to 

Mariners.’’ 

(3) The intent to conduct rocketlaunching operations in the area shall 

also be indicated by visual signals 

consisting of a large orange-colored 

‘‘blimp-shaped’’ balloon by day and a 

rotating alternately red and white 

beacon by night. The balloon shall be 

flown at latitude 37°50′38′′ N, longitude 

75°28′47′′ W and the beacon shall be 

displayed about 200 feet above mean 

high water at latitude 37°50′16′′ N, 

longitude 75°29′07′′ W. The appropriate 

signals shall be displayed 30 minutes 

prior to rocket-launching time and shall 

remain displayed until the danger no 

longer exists. 

(4) In addition to visual signals and 

prior to conducting launch operations, 

the area will be patrolled by aircraft or 

surface vessels and monitored by radars 

and cameras to ensure no persons or 

watercraft are within the danger zone or 


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Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations 61723 

designated area of interest within the 

danger zone. Patrol aircraft and surface 

vessels are equipped with marine band 

radios and may attempt to hail 

watercraft and request that they leave 

the designated area and remain clear of 

the area at a safe distance until launch 

operations are complete, and launch 

will not occur until the designated area 

is clear. Patrol aircraft may also employ 

the method of warning known as 

‘‘buzzing’’ which consists of low flight 

by the airplane and repeated opening 

and closing of the throttle. Surveillance 

vessels may also come close to 

watercraft and employ flashing light to 

establish communications to indicate 

that the watercraft is entering the 

designated hazard area. 

(5) Any watercraft being so warned 

shall immediately leave the designated 

area until the conclusion of launch 

operations, and shall remain at a 

distance to ensure that it will be safe 

from falling debris. 

(6) Nothing in this regulation shall be 

intended to prevent commercial fishing 

or the lawful use of approved waterfowl 

hunting blinds along the shorelines of 

the Wallops Flight Facility at Wallops 

Island, Virginia, provided that all 

necessary licenses and permits have 

been obtained from the Virginia Marine 

Resources Commission, Virginia 

Department of Game and Inland 

Fisheries, and U.S. Fish and Wildlife 

Service. Commercial fishermen and 

waterfowl hunters must observe all 

warnings and range clearances during 

hazardous range operations. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Director, National Aeronautics and 

Space Administration, Goddard Space 

Flight Center, Wallops Flight Facility 

Wallops Island, Va., or such agencies as 

he or she may designate. 

Dated: October 2, 2012. 

James R. Hannon, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–24991 Filed 10–10–12; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Felgates Creek and Indian Field Creek 

Along the York River in Yorktown, VA; 

Restricted Area 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Corps of Engineers is 

amending an existing restricted area to 

include the waters of Felgates Creek and 

Indian Field Creek along the York River 

in Yorktown, Virginia. Naval Weapons 

Station Yorktown requested the Corps of 

Engineers modify the existing restricted 

area to include areas historically noted 

on nautical charts as closed to the 

public and traditionally enforced by 

Commander, Naval Weapons Station 

Yorktown. 

DATES: Effective date: November 13, 

2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Ms. Nicole Woodward, Corps of 

Engineers, Norfolk District, Regulatory 

Branch, at 757–201–7122. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to amend an existing restricted area 

to include areas historically noted on 

nautical charts as closed to the public 

and traditionally enforced by the 

Commander, Naval Weapons Station 

Yorktown. 

The Corps authority to amend this 

restricted area is Section 7 of the Rivers 

and Harbors Act of 1917 (40 Stat. 266; 

33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3). 

Background 

The proposed rule was published in 

the April 4, 2012, edition of the Federal 

Register (77 FR 20331) and the 

regulations.gov docket number was 

COE–2011–0038. In response to the 

proposal, three comments were 

received. The commenters stated that 

the proposed rule will have no effect on 

historic properties and no adverse 

impacts on natural heritage resources. 

In response to a request by the United 

States Navy, and pursuant to its 

authorities in Section 7 of the Rivers 

and Harbors Act of 1917 (40 Stat. 266; 

33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps of 

Engineers is amending 33 CFR 334.260 

to include a permanent restricted area, 

in the waters of Felgates Creek and 

Indian Field Creek along the York River 

in Yorktown, Virginia. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This rule is issued with respect 

to a military function of the Defense 

Department and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. This rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps determined 

that the restricted area amendment will 

have practically no economic impact on 

the public, no anticipated navigational 

hazard, and no interference with 

existing waterway traffic. This rule will 

have no significant economic impact on 

small entities. 

c. Review Under the National 

Environmental Policy Act. This rule will 

not have a significant impact to the 

quality of the human environment and, 

therefore, preparation of an 

environmental impact statement is not 

required. An environmental assessment 

has been prepared. It may be reviewed 

at the District office listed at the end of 

the FOR FURTHER INFORMATION CONTACT

section, above. 

d. Unfunded Mandates Act. This rule 

does not impose an enforceable duty 

among the private sector and, therefore, 

is not subject to the requirements of 

Section 202 or 205 of the Unfunded 

Mandates Reform Act (Pub. L. 104–4, 

109 Stat. 48, 2 U.S.C. 1501 et seq.). We 

have also found under Section 203 of 

the Act, that small governments will not 

be significantly or uniquely affected by 

this rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons set out in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.260 to read as follows: 

§ 334.260 York River, Va.; naval restricted 

areas. 

(a) The areas—(1) Naval mine servicetesting area (prohibited). A rectangular 

area surrounding Piers 1 and 2, Naval 

Weapons Station, and extending 

upstream therefrom, beginning at a 

point on the shore line at latitude 

37°15′25′′ N, longitude 76°32′32′′ W; 

thence to latitude 37°15′42′′ N, 


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