7740 Federal Register / Vol. 72, No. 33 / Tuesday, February 20, 2007 / Rules and Regulations 

Issued in Washington, DC, on February 9, 

2007. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking, Aviation 

Safety. 

[FR Doc. E7–2802 Filed 2–16–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 129 

Operations: Foreign Air Carriers and 

Foreign Operators of U.S.-Registered 

Aircraft Engaged in Common Carriage; 

Correcting Amendment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This action corrects a 

typographical error that appeared in the 

final rule, Foreign Air Carriers and 

Operators of Certain Large U.S.- 

Registered Airplanes, which the FAA 

published in the Federal Register on 

May 28, 1987. In that final rule, the FAA 

inadvertently misstated the word 

‘‘markings’’ as ‘‘marketing.’’ The intent 

of this action is to correct the error in 

the regulations to ensure the 

requirement is clear and accurate. 

EFFECTIVE DATES: Effective on February 

20, 2007. 

FOR FURTHER INFORMATION CONTACT: Kim 

Barnette, Aircraft Maintenance Division, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. Telephone: 

(202–493–4922); facsimile: (202–267–

5115); e-mail: kim.a.barnette@faa.gov. 

SUPPLEMENTARY INFORMATION: On May 

28, 1987, the FAA published in the 

Federal Register (52 FR 20026) a final 

rule that amended § 129.11, among 

other changes, by adding a new 

paragraph (a)(4). In adding the new 

paragraph, the word ‘‘marketings’’

instead of ‘‘markings’’ was inadvertently 

used. This document corrects 

§ 129.11(a)(4) to include the correct 

word. This correction will not impose 

any additional requirements on the 

affected operators. 

Technical Amendment 

This technical amendment will make 

a minor editorial correction to 

§ 129.11(a)(4). 

List of Subjects in 14 CFR Part 129 

Air carriers, Aircraft, Aviation safety, 

Reporting and recordkeeping 

requirements, Security measures, 

Smoking. 

■ For the reasons set forth above, the 

Federal Aviation Administration 

correctly amends 14 CFR part 129 as 

follows: 

PART 129—OPERATIONS: FOREIGN 

AIR CARRIERS AND FOREIGN 

OPERATORS OF U.S.-REGISTERED 

AIRCRAFT ENGAGED IN COMMON 

CARRIAGE 

■ 1. The authority citation for part 129 

continues to read as follows: 

Authority: 49 U.S.C. 1372, 40113, 40119, 

44101, 44701–44702, 44705, 44709–44711, 

44713, 44716–44717, 44722, 44901–44904, 

44906, 44912, 46105, Pub. L. 107–71 sec. 

104. 

■ 2. Amend § 129.11 by revising 

paragraph (a)(4) to read as follows: 

§ 129.11 Operations specifications. 

(a) * * * 

(4) Registration markings of each U.S.- 

registered aircraft. 

* * * * * 

Issued in Washington, DC, on February 12, 

2007. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking, Aviation 

Safety. 

[FR Doc. 07–741 Filed 2–16–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration. 

14 CFR Parts 401, 415, 431, 435, 440, 

and 460 

[Docket No. FAA–2005–23449] 

RIN 2120–AI57 

Human Space Flight Requirements for 

Crew and Space Flight Participants 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: When the FAA issued a final 

rule on human space flight, it described 

one rule as consistent with the Second 

Amendment of the Constitution 

because, among other things, the right to 

bear arms under the Second 

Amendment is a collective right. The 

FAA now withdraws that 

characterization and amends its 

description. 

DATES: This correction is effective 

February 20, 2007. 

FOR FURTHER INFORMATION CONTACT: For 

technical information, contact Kenneth 

Wong, Deputy Manager, Licensing and 

Safety Division, Commercial Space 

Transportation, AST–200, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8465; facsimile (202) 267–3686, email ken.wong@faa.gov. For legal 

information, contact Laura Montgomery, 

Senior Attorney, Office of the Chief 

Counsel, 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: As 

required by the Commercial Space 

Launch Amendments Act of 2004, the 

FAA established Human Space Flight 

Requirements for Crew and Space Flight 

Participants, 71 FR 75616 (Dec. 15, 

2006). The FAA’s new requirements for 

commercial human space flight include 

a rule on security mandating that 

operators ‘‘implement security 

requirements to prevent any space flight 

participant from jeopardizing the safety 

of the flight crew or the public’’ and 

prohibiting a space flight participant 

from carrying on board ‘‘any explosives, 

firearms, knives or other weapons.’’ 14 

CFR 460.53. In explaining this rule in 

response to a comment, the FAA 

characterized the right to bear arms 

under the Second Amendment of the 

Constitution as ‘‘a collective right.’’ 71 

FR at 75626. The FAA now withdraws 

that characterization of the right to bear 

arms. The prohibition on the carriage of 

firearms by participants in commercial 

space flights remains unchanged. 

The Executive Branch, through the 

Department of Justice, interprets the 

Second Amendment as securing a right 

of individuals to keep and bear arms. 

(See Memorandum for the Attorney 

General from Steven G. Bradbury, 

Principal Deputy Assistant Attorney 

General, Office of Legal Counsel, et al., 

Re: Whether The Second Amendment 

Secures An Individual Right (Aug. 24, 

2004), available at http:// 

www.usdoj.gov/ 

olcsecondoamendment2.pdf). In light of 

this interpretation, the FAA is 

withdrawing the statement made in the 

final rule. 

Regardless of the nature of the right, 

however, it remains true, as we noted, 

that the right is, like any other, not 

unfettered. The Justice Department itself 

made this abundantly clear in its 

analysis and through its historical 

review. (See generally id. at 1–5, 6 n.19, 

8 n.29, 18 n.68, 61–68, 73, 81–82, 87–

98, 102–04.) Similarly, the Fifth Circuit, 

which treats the right to bear arms as an 


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