Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 72011 

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 I, 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 I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Magee Municipal 

Airport, Magee, MS. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists 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, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 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 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, effective 

September 15, 2013, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO MS E5 Magee, MS [New] 

Magee Municipal Airport, MS 

(Lat. 31°51′46′′ N., long. 89°48′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3- mile 

radius of Magee Municipal Airport. 

Issued in College Park, Georgia, on 

November 20, 2013. 

Kip B. Johns, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–28679 Filed 11–29–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0002; Airspace 

Docket No. 12–ASO–46] 

Establishment of Class E Airspace; 

Umatilla, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule: correction. 

SUMMARY: This action corrects the 

geographic coordinates in the airspace 

description of a final rule, published in 

the Federal Register on August 23, 

2013, establishing controlled airspace at 

Umatilla Municipal Airport, Umatilla, 

FL. 

DATES: Effective 0901 UTC, December 

12, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On August 23, 2013, the FAA 

published a final rule in the Federal 

Register establishing Class E airspace at 

Umatilla Municipal Airport, Umatilla, 

FL (78 FR 52425). After publication, the 

FAA found that the geographic 

coordinates of the airport were 

incorrect. The longitude coordinate is 

corrected from ‘‘long. 82°39′07′′ W.’’ to 

‘‘long. 81°39′07′′ W.’’ 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, amendatory 

instruction 2 and the geographic 

coordinates listed in the airspace 

designation of the Class E airspace for 

Umatilla Municipal Airport, Umatilla, 

FL, as published in the Federal Register 

of August 23, 2013, (78 FR 52425), FR 

Doc. 2013–20512, are corrected as 

follows: 

PART 71 [AMENDED] 

■ 1. On page 52425, column 3, revise 

amendatory instruction 2 to read: The 

incorporation by reference in 14 CFR 

71.1 of the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013, is amended as 

follows: 

ASO FL E5 Umatilla, FL [Corrected] 

■ 2. On page 52425, column 3, line 59, 

remove, ‘‘lat. 28°55′27′′ N., long. 

82°39′07′′ W’’, and insert ‘‘lat. 28°55′27′′ 

N., long. 81°39′07′′ W’’. 

Issued in College Park, Georgia, on 

November 20, 2013. 

Kip B. Johns, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–28758 Filed 11–29–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 460 

Interpretation Concerning Involvement 

of NASA Astronauts During a Licensed 

Launch or Reentry 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Interpretation. 

SUMMARY: This interpretation responds 

to a request from the National 

Aeronautics and Space Administration 

(NASA) regarding whether the space 

transportation regulations of the Federal 

Aviation Administration (FAA) would 

restrict NASA astronauts from 

performing operational functions during 

a commercial space launch or reentry 

under license from the FAA. 

DATES: Effective December 2, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Pam 

Underwood, Deputy Manager, 

Operations Integration Division; 

pam.underwood@faa.gov. For legal 

questions, contact Alex Zektser, Office 

of the Chief Counsel, International Law, 

Legislation, and Regulations Division, 

Federal Aviation Administration; email 

alex.zektser@faa.gov. 


sroberts on DSK5SPTVN1PROD with RULES
72012 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 

1Human Space Flight Requirements for Crew and 

Space Flight Participants, Final Rule, 71 FR 75616 

(Dec. 15, 2006) (‘‘Human Space Flight Rule’’). 

2The pertinent FAA regulations simply require 

that space flight participants: (1) be informed of 

risk; (2) execute a waiver of claims against the U.S. 

Government; (3) receive training on how to respond 

to emergency situations; and (4) not carry any 

weapons onboard. See 14 CFR §§ 460.45–460.53. 

3Human Space Flight Requirements Final Rule, 

71 FR at 75618. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 3, 2013, NASA asked the FAA 

whether the FAA would restrict NASA 

astronauts, who are U.S. Government 

employees, from engaging in operational 

functions during an FAA-licensed 

launch or reentry. NASA noted that all 

NASA astronauts undergo extensive 

training and must meet rigorous medical 

and training requirements. NASA will 

also ensure astronauts complete training 

specific to each launch and reentry 

operator’s vehicle and operations. 

Specifically, NASA asked whether, 

under the FAA’s statute and regulations, 

a NASA astronaut flying as a space 

flight participant could engage in ‘‘all 

nominal and off-nominal operational 

functions,’’ including ‘‘the conduct of 

aborts, emergency response, and 

monitoring and operating 

environmental controls and life support 

systems.’’ NASA also asked the FAA 

whether NASA’s astronauts could 

‘‘perform operational activities up to 

and including flight.’’ In response to 

NASA’s question, the FAA examined 

the launch and reentry scenarios 

currently envisioned, and concludes 

that NASA astronauts may perform 

these functions in FAA-licensed 

launches and reentries. 

Scenarios 

The FAA understands that the 

following scenarios are likely, but not 

definite. It is the FAA’s understanding 

that a NASA astronaut’s interaction 

with the controls of a launch or reentry 

vehicle may vary depending on a launch 

or reentry operator’s designs and 

operational procedures, which are 

currently under development. During a 

nominal launch, a launch operator 

under an FAA license would most likely 

conduct the ascent using a flight 

computer as the primary means of 

controlling the flight path of the vehicle. 

Any persons on board would not likely 

affect the flight path of the launch 

vehicle. If an emergency situation arose, 

a NASA astronaut could override the 

launch operator’s flight computer to 

initiate an abort from the launch vehicle 

and take manual control of the 

spacecraft atop the launch vehicle. 

NASA astronaut emergency operations 

could include manually initiating an 

abort, using thrusters to orient a capsule 

to support chute deployment, and 

subsequent deployment of any 

parachutes. Emergency operations could 

also include the NASA astronaut 

manually piloting a vehicle to a water 

or runway landing. 

For a reentry, a licensed operator’s 

flight computer could serve as the 

primary means of controlling the flight 

path of the vehicle during a nominal 

reentry. A NASA astronaut might 

manually initiate the reentry burn, and 

the flight computer could conduct the 

reentry of the vehicle during nominal 

operations. The NASA astronaut could 

also have the capability to take manual 

control over the reentry vehicle in an 

off-nominal or emergency situation. 

During an off-nominal or emergency 

situation, the NASA astronaut would, 

much of the time, be using procedures 

or training prepared by the reentry 

operator. 

Discussion 

A. Space Flight Participants Who are 

NASA Astronauts 

Based on the above scenarios, we 

conclude that, under 51 U.S.C. ch. 509 

(Chapter 509), the FAA’s space 

regulations at 14 CFR ch. III, and 

consistent with the FAA’s discussion of 

its human space flight requirements,1 a 

NASA astronaut may engage in 

operational functions, up to and 

including piloting the vehicle, the 

conduct of aborts, emergency response, 

and monitoring and operating 

environmental controls and life support 

systems, and the launch or reentry 

would remain under FAA jurisdiction. 

Chapter 509 addresses crew and space 

flight participants, and, according to 

Chapter 509’s definition, NASA 

astronauts are space flight participants. 

Chapter 509 defines ‘‘crew’’ as ‘‘any 

employee of a licensee or transferee, or 

of a contractor or subcontractor of a 

licensee or transferee, who performs 

activities in the course of that 

employment directly relating to the 

launch, reentry, or other operation of or 

in a launch vehicle or reentry vehicle 

that carries human beings.’’ 51 U.S.C. 

50902(2). Conversely, a ‘‘space flight 

participant’’ is ‘‘an individual, who is 

not crew, carried within a launch 

vehicle or reentry vehicle.’’ Id. 

§ 50902(17). Because a NASA astronaut 

is not an employee of a licensee or 

transferee, or of a contractor or 

subcontractor of a licensee or transferee, 

a NASA astronaut is not crew. 

Consequently, a NASA astronaut who is 

being carried within a launch or reentry 

vehicle is a space flight participant. 

B. Limitations 

Chapter 509 does not specify any 

limitations on a space flight 

participant’s conduct or operations 

during a launch or reentry. Similarly, 

FAA regulations implementing Chapter 

509 for space flight participants, 

codified at 14 CFR part 460, also do not 

specify any limitations on a space flight 

participant’s conduct or operations 

during a launch or reentry. See 14 CFR 

460.41, et. seq.2 The only place where 

the FAA limits space-flight-participant 

conduct or operations is in the preamble 

to the Human Space Flight rule that 

created part 460. There the FAA states 

that: 

For public safety reasons, the FAA will not 

allow space flight participants to pilot launch 

or reentry vehicles at this time. A space flight 

participant who wants to pilot a launch or 

reentry vehicle would have to become an 

employee or independent contractor of the 

operator to acquire vehicle and missionspecific training. The operator will be in a 

better position to evaluate the skills of an 

employee or independent contractor than of 

a space flight participant, particularly as 

those skills relate to the requirements of the 

operator’s particular vehicle. The FAA 

acknowledges that this restriction may create 

a dilemma for someone who wishes to 

acquire training in order to become 

employed, but, while the technology is so 

new, it is important for public safety that 

pilots be highly skilled at the outset.3

As can be seen, the FAA’s concern 

with space flight participants interacting 

with a launch or reentry vehicle was 

based on the possibility that space flight 

participants would not have the proper 

vehicle and mission-specific training. 

However, as NASA notes, NASA 

astronauts must meet rigorous medical 

and training requirements, which 

include training specific to each 

mission, launch vehicle, and reentry 

vehicle. Because NASA astronauts are 

not the untrained space-flight 

participants originally contemplated by 

the FAA, the considerations underlying 

the policy have, at best, a limited 

applicability to NASA astronauts. Thus, 

for the scenarios currently envisioned, 

NASA astronauts may engage in 

operational activities during a licensed 

launch or reentry to ensure safety and 

mission success 

C. Jurisdiction 

We note that Chapter 509 does not 

apply to launches or reentries the U.S. 

Government carries out for itself. 51 

U.S.C. 50919(g). Accordingly, NASA is 

not carrying out the launches or 

reentries that are subject to Chapter 509. 

In the event, not contemplated in this 

interpretation, that a NASA astronaut 


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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 72013 

1As set forth in a memorandum of understanding 

entered into by the HHS, the Food and Drug 

Administration (FDA), and the National Institute on 

Drug Abuse (NIDA), the FDA acts as the lead agency 

within the HHS in carrying out the Secretary’s 

scheduling responsibilities under the CSA, with the 

concurrence of NIDA. 50 FR 9518, Mar. 8, 1995. In 

addition, because the Secretary of the HHS has 

delegated to the Assistant Secretary for Health of 

the HHS the authority to make domestic drug 

scheduling recommendations, for purposes of this 

document, all subsequent references to ‘‘Secretary’’ 

have been replaced with ‘‘Assistant Secretary.’’ 

exercised sufficient operational control 

to carry out the launch or reentry, 

§ 50919(g) would serve as a bar to FAA 

licensing the activity. 

In the scenarios described above, as 

currently under development by launch 

and reentry operators, the NASA 

astronaut would likely not affect the 

flight path of the vehicle during a 

nominal launch. During a launch, the 

astronaut would likely only manipulate 

the flight path of the vehicle if an 

emergency arose. Accordingly, section 

50919(g) would not limit a NASA 

astronaut’s ability to engage in 

operational functions during launch. 

Most of the conduct or operations 

would simply constitute the execution 

of emergency training required of space 

flight participants by § 460.51. 

The analysis for a reentry is similar to 

that of a launch, with some additional 

consideration for the possible manual 

operation of the reentry vehicle by a 

NASA astronaut. Specifically, a NASA 

astronaut could initiate reentry 

manually, but because the scenarios 

have the reentry operator’s flight 

computer directing the reentry, the 

NASA astronaut’s interaction would not 

be sufficient to constitute NASA 

carrying out the reentry. Additionally, 

the NASA astronaut’s exercise of 

manual control over the vehicle in an 

off-nominal situation would also not 

rise to NASA carrying out the reentry 

because, as discussed above, in an offnominal situation, the astronaut would 

largely be implementing procedures 

created by a commercial launch or 

reentry operator for purposes of safety 

or mission success. 

In conclusion, Chapter 509 and the 

FAA’s regulations impose no 

operational constraints on NASA 

astronauts for the scenarios envisioned 

here. 

Issued in Washington, DC, on November 

21, 2013. 

Mark W. Bury, 

Assistant Chief Counsel for International Law, 

Legislation and Regulations. 

[FR Doc. 2013–28405 Filed 11–29–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–374] 

Schedules of Controlled Substances: 

Placement of Perampanel into 

Schedule III 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final rule. 

SUMMARY: With the issuance of this final 

rule, the Deputy Administrator of the 

Drug Enforcement Administration 

(DEA) places the substance perampanel 

[2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2- 

dihydropyridin-3-yl) benzonitrile], 

including its salts, isomers, and salts of 

isomers, into schedule III of the 

Controlled Substances Act (CSA). This 

scheduling action is pursuant to the 

CSA which requires that such actions be 

made on the record after opportunity for 

a hearing through formal rulemaking. 

This action imposes the regulatory 

controls and administrative, civil, and 

criminal sanctions applicable to 

schedule III controlled substances on 

persons who handle (manufacture, 

distribute, dispense, import, export, 

engage in research, conduct 

instructional activities with, or possess) 

or propose to handle perampanel. 

DATES: Effective Date: January 2, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Ruth A. Carter, Chief, Policy Evaluation 

and Analysis Section, Office of 

Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

The DEA implements and enforces 

titles II and III of the Comprehensive 

Drug Abuse Prevention and Control Act 

of 1970, as amended. Titles II and III are 

referred to as the ‘‘Controlled 

Substances Act’’ and the ‘‘Controlled 

Substances Import and Export Act,’’ 

respectively, but they are collectively 

referred to as the ‘‘Controlled 

Substances Act’’ or the ‘‘CSA’’ for the 

purposes of this action. 21 U.S.C. 801– 

971. The DEA publishes the 

implementing regulations for these 

statutes in title 21 of the Code of Federal 

Regulations (CFR) parts 1300 to 1321. 

The CSA and its implementing 

regulations are designed to prevent, 

detect, and eliminate the diversion of 

controlled substances and listed 

chemicals into the illicit market while 

providing for the legitimate medical, 

scientific, research, and industrial needs 

of the United States. Controlled 

substances have the potential for abuse 

and dependence and are controlled to 

protect the public health and safety. 

Under the CSA, controlled substances 

are classified in one of five schedules 

based upon their potential for abuse, 

their currently accepted medical use, 

and the degree of dependence the 

substance may cause. 21 U.S.C. 812. The 

initial schedules of controlled 

substances established by Congress are 

found at 21 U.S.C. 812(c) and the 

current list of scheduled substances is 

published at 21 CFR part 1308. 

Pursuant to 21 U.S.C. 811(a)(1), the 

Attorney General may, by rule, ‘‘add to 

such a schedule or transfer between 

such schedules any drug or other 

substance if he (A) finds that such drug 

or other substance has a potential for 

abuse, and (B) makes with respect to 

such drug or other substance the 

findings prescribed by [21 U.S.C. 812(b)] 

for the schedule in which such drug is 

to be placed. . . .’’ Pursuant to 28 CFR 

0.100(b), the Attorney General has 

delegated this scheduling authority to 

the Administrator of the DEA, who has 

further delegated this authority to the 

Deputy Administrator of the DEA. 28 

CFR 0.104. 

The CSA provides that scheduling of 

any drug or other substance may be 

initiated by the Attorney General (1) on 

his own motion; (2) at the request of the 

Secretary of the Department of Health 

and Human Services (HHS),1 or (3) on 

the petition of any interested party. 21 

U.S.C. 811(a). This action is based on a 

recommendation from the Assistant 

Secretary of the HHS and on an 

evaluation of all other relevant data by 

the DEA. This action imposes the 

regulatory controls and administrative, 

civil, and criminal sanctions applicable 

to schedule III controlled substances on 

persons who handle or propose to 

handle perampanel. 

Background 

Perampanel [2-(2-oxo-1-phenyl-5- 

pyridin-2-yl-1,2-dihydropyridin-3-yl) 

benzonitrile] is a new chemical entity 

with central nervous system (CNS) 


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