59438 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 

available to offer dispute resolution 

services in paragraph (b); and 

(2) In § 1402.22, by redesignating 

existing paragraph (h) as paragraph (k) 

and adding new paragraphs (h), (i), and 

(j) with updated information about 

charging fees. 

II. Certain Findings 

We have determined that the 

amendments mandated by the 

Improvement Act involve agency 

management and technical changes. 

Therefore, the amendments do not 

constitute a rulemaking under the 

Administrative Procedure Act (APA), 5 

U.S.C. 551, 553(a)(2). Under the APA, 

the public may participate in the 

promulgation of rules that have a 

substantial impact on the public. The 

amendments to our regulations relate to 

agency management and technical 

changes only and are required by 

statute, and therefore, do not require 

public participation. 

Even if these amendments were a 

rulemaking under 5 U.S.C. 551, 

553(a)(2) of the APA, we have 

determined that notice and public 

comment are unnecessary and contrary 

to the public interest. Under 5 U.S.C. 

553(b)(B) of the APA, an agency may 

publish regulations in final form when 

the agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to public interest. The proposed 

amendments are required by statute, do 

not involve Corporation discretion, and 

provide additional protections to the 

public through the existing regulations. 

Thus, notice and public procedure are 

impracticable, unnecessary, and 

contrary to the public interest. 

III. Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), the Corporation hereby certifies 

that the final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

List of Subjects in 12 CFR Part 1402 

Archives and records, Freedom of 

information, Insurance. 

As stated in the preamble, part 1402 

of chapter XIV, title 12 of the Code of 

Federal Regulations is amended as 

follows: 

PART 1402—RELEASING 

INFORMATION 

■ 1. The authority citation for part 1402 

is revised to read as follows: 

Authority: Secs. 5.58, 5.59 of Pub. L. 92– 

181, 85 Stat. 583 (12 U.S.C. 2277a–7, 2277a– 

8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 

FR 23781, 3 CFR, 1987 Comp., p. 235. 

Subpart B—Availability of Records of 

the Farm Credit System Insurance 

Corporation 

■ 2. Section 1402.14(b) is revised to 

read as follows: 

§ 1402.14 Response to requests for 

records. 

* * * * * 

(b) Within 90 days of the receipt of a 

notice denying, in whole or in part, a 

request for records, the requester may 

appeal the denial. The appeal shall be 

in writing addressed to the Chief 

Financial Officer, Farm Credit System 

Insurance Corporation, McLean, 

Virginia 22102, and both the letter and 

envelope shall clearly be marked ‘‘FOIA 

Appeal.’’ An appeal improperly 

addressed shall be deemed not to have 

been received for purposes of the 20-day 

time period set forth in paragraph (c) of 

this section until it is received, or would 

have been received with the exercise of 

due diligence by Farm Credit System 

Insurance Corporation personnel. You 

also have the right to seek dispute 

resolution services from the 

Corporation’s FOIA Public Liaison, 

McLean, Virginia 22102, and the Office 

of Government Information Services, 

National Archives and Records 

Administration, 8601 Adelphi Road— 

OGIS, College Park, Maryland 20740– 

6001. 

* * * * * 

Subpart C—Fees for Provision of 

Information 

■ 3. Section 1402.22 is amended by 

redesignating paragraph (h) as 

paragraph (k) and adding new 

paragraphs (h), (i), and (j) to read as 

follows: 

§ 1402.22 Fees to be charged. 

* * * * * 

(h) We will not assess fees if we fail 

to comply with any time limit under the 

FOIA or these regulations, and have not 

timely notified the requester, in writing, 

that an unusual circumstance exists. If 

an unusual circumstance exists, and 

timely, written notice is given to the 

requester, we may be excused an 

additional 10 working days before fees 

are automatically waived under this 

paragraph (h). 

(i) If we determine that unusual 

circumstances apply and more than 

5,000 pages are necessary to respond to 

a request, we may charge fees if we 

provided a timely, written notice to the 

requester and discussed with the 

requester via mail, Email, or telephone 

(or made at least three good faith 

attempts to do so) how the requester 

could effectively limit the scope of the 

request. 

(j) If a court has determined that 

exceptional circumstances exist, a 

failure to comply with time limits 

imposed by these regulations or FOIA 

shall be excused for the length of time 

provided by court order. 

* * * * * 

Dated: August 24, 2016. 

Dale L. Aultman, 

Secretary to the Board, Farm Credit System 

Insurance Corporation. 

[FR Doc. 2016–20767 Filed 8–29–16; 8:45 am] 

BILLING CODE 6710–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 415 and 417 

[Docket No. FAA–2000–7953; Amdt. No(s). 

415–6 and 417–5] 

RIN 2120–AG37 

Licensing and Safety Requirements for 

Launch; Technical Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is publishing this 

action to correct minor, editorial errors 

in chapter III, parts 415 and 417. These 

errors occurred in the Licensing and 

Safety Requirements for Launch final 

rule, published in the Federal Register 

on August 25, 2006. That final rule 

amended the commercial space 

transportation regulations governing the 

launch of expendable launch vehicles to 

address licensing and safety 

requirements for a launch. In that final 

rule, the FAA inadvertently made minor 

errors, which this technical amendment 

corrects. 

DATES: Effective August 30, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this action contact 

Rene ́ Rey, Regulations and Analysis 

Division, AST–300, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–7538; email 

Rene.Rey@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption 

Without Prior Notice 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 59439 

to dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. 

Section 553(d)(3) of the 

Administrative Procedure Act requires 

that agencies publish a rule not less 

than 30 days before its effective date, 

except as otherwise provided by the 

agency for good cause found and 

published with the rule. 

This document is correcting errors 

that are in 14 CFR 415.35, 415.37, 

415.41, 415.55, 417.15, 417.107, 

417.121, 417.231, 417.301, 417.303, 

417.305, and Appendix A, Appendix E, 

and Appendix I to part 417. These 

corrections will not impose any 

additional restrictions on the persons 

affected by these regulations. 

Furthermore, any additional delay in 

making the regulations correct would be 

contrary to the public interest. 

Accordingly, the FAA finds that (i) 

public comment on these standards 

prior to promulgation is unnecessary, 

and (ii) good cause exists to make this 

rule effective in less than 30 days. 

Background 

On August 25, 2006, the FAA 

published a final rule entitled, 

‘‘Licensing and Safety Requirements for 

Launch; Final Rule’’ (71 FR 50508). 

In that final rule, the FAA amended 

commercial space transportation 

regulations governing the launch of 

expendable launch vehicles. That action 

was necessary to codify launch practices 

at Federal launch ranges and codify 

rules for launches from a non-Federal 

launch site. The intended effect of the 

action was to ensure that the public 

continued to be protected from the 

hazards of a launch from either a 

Federal launch range or a non-Federal 

launch site. 

The final rule contains a more 

complete discussion of the rule and the 

events leading up to it. 

Technical Amendment 

The technical amendment makes the 

following corrections: 

(1) In § 415.35(a), the reference to cc 

is changed to Ec. 

(2) In § 415.37(a)(1), the reference to 

§ 417.117(g) is changed to 

§ 417.117(b)(3). 

(3) In § 415.41, the reference to 

§ 417.111(g) is changed to § 417.111(h). 

(4) In § 415.55, the reference to 

§ 415.79(a) is changed to § 417.17(b)(2). 

(5) In § 417.15(b), the reference to 

§ 405.1 is changed to § 401.5. 

(6) In § 417.107(e)(2), the reference to 

§ 417.113(b) is changed to § 417.113(c). 

(7) In § 417.121(c), the reference to 

§ 417.113(b) is changed to § 417.113(c). 

(8) In § 417.231(a), the reference to 

§ 417.113(b) is changed to § 417.113(c). 

(9) In § 417.301(d)(1), duplicate subparagraph (1) is removed. 

(10) In § 417.303(j), the reference to 

§ 417.307(g) is changed to § 417.307(f). 

(11) In § 417.305(c)(1), duplicate subparagraph (1) is removed. 

(12) In Appendix A to part 417, 

section A417.29(b)(5), the reference to 

§ 417.113(b) is changed to § 417.113(c). 

(13) In Appendix E to part 417, 

section E417.19(e)(2)(vi), the reference 

to ±dB is changed to ±3 dB. 

(14) In Appendix I to part 417, in the 

introductory paragraph to section 

I417.1, the reference to § 417.229 is 

changed to § 417.227. 

(15) In Appendix I to part 417, section 

I417.5(a), the reference to § 417.113(b) is 

changed to § 417.113(c). 

List of Subjects 

14 CFR Part 415 

Aviation safety, Environmental 

protection, Space transportation and 

exploration. 

14 CFR Part 417 

Aviation safety, Reporting and 

recordkeeping requirements, Rockets, 

Space transportation and exploration. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter III of title 14, Code of 

Federal Regulations as follows: 

PART 415—LAUNCH LICENSE 

■ 1. The authority citation of part 415 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

§ 415.35 [Amended] 

■ 2. Amend § 415.35(a) by removing the 

reference to ‘‘cc’’ and adding in its place 

‘‘Ec’’. 

§ 415.37 [Amended] 

■ 3. Amend § 415.37(a)(1) by removing 

the reference to ‘‘§ 417.117(g)’’ and 

adding in its place ‘‘§ 417.117(b)(3)’’. 

§ 415.41 [Amended] 

■ 4. Amend § 415.41 by removing the 

reference to ‘‘§ 417.111(g)’’ and adding 

in its place ‘‘§ 417.111(h)’’. 

§ 415.55 [Amended] 

■ 5. Amend § 415.55 by removing the 

reference to ‘‘§ 415.79(a)’’ and adding in 

its place ‘‘§ 417.17(b)(2)’’. 

PART 417—LAUNCH SAFETY 

■ 6. The authority citation for part 417 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

§ 417.15 [Amended] 

■ 7. Amend § 417.15(b) by removing the 

reference to ‘‘§ 405.1’’ and adding in its 

place ‘‘§ 401.5’’. 

§ 417.107 [Amended] 

■ 8. Amend § 417.107(e)(2) by removing 

the reference to ‘‘§ 417.113(b)’’ and 

adding in its place ‘‘§ 417.113(c)’’. 

§ 417.121 [Amended] 

■ 9. Amend § 417.121(c) by removing 

the reference to ‘‘§ 417.113(b)’’ and 

adding in its place ‘‘§ 417.113(c)’’. 

§ 417.231 [Amended] 

■ 10. Amend § 417.231(a) by removing 

the reference to ‘‘§ 417.113(b)’’ and 

adding in its place ‘‘§ 417.113(c)’’. 

§ 417.301 [Amended] 

■ 11. Amend § 417.301 by removing 

duplicate paragraph (d)(1). 

§ 417.303 [Amended] 

■ 12. Amend § 417.303(j) by removing 

the reference to ‘‘§ 417.307(g)’’ and 

adding in its place ‘‘§ 417.307(f)’’. 

§ 417.305 [Amended] 

■ 13. Amend § 417.305 by removing 

duplicate paragraph (c)(1). 

Appendix A to part 417 [Amended] 

■ 14. Amend section A417.29(b)(5) of 

Appendix A to part 417 by removing the 

reference to ‘‘§ 417.113(b)’’ and adding 

in its place ‘‘§ 417.113(c)’’. 

Appendix E to part 417 [Amended] 

■ 15. Amend section E417.19(e)(2)(vi) of 

Appendix E to part 417 by removing the 

reference to ‘‘±dB’’ and adding in its 

place ‘‘±3 dB’’. 

Appendix I to part 417 [Amended] 

■ 16. Amend Appendix I to part 417 by: 

■ a. In section I417.1, removing the 

reference to ‘‘§ 417.229’’ and adding in 

its place ‘‘§ 417.227’’. 

■ b. In section I417.5(a), removing 

‘‘§ 417.113(b)’’ and adding in its place 

‘‘§ 417.113(c)’’. 

Issued in Washington, DC, on August 23, 

2016. 

Dale Bouffiou, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2016–20813 Filed 8–29–16; 8:45 am] 

BILLING CODE 4910–13–P 

mstockstill on DSK3G9T082PROD with RULES