1、490 SUBCHAPTER BPROCEDURE PART 404REGULATIONS AND LICENSING REQUIREMENTS Subpart AGeneral Sec. 404.1 Scope. 404.3 Filing of petitions to the Associate Administrator. 404.5 Action on petitions. Subpart BRulemaking 404.11 General. 404.13 Petitions for extension of time to comment. 404.15 Consideration
2、 of comments received. 404.17 Additional rulemaking proceedings. 404.19 Hearings. AUTHORITY: 49 U.S.C. 7010170121. SOURCE: Docket No. 43810, 53 FR 11013, Apr. 4, 1988, unless otherwise noted. Subpart AGeneral 404.1 Scope. This part establishes procedures for issuing regulations to implement 49 U.S.C
3、. Subtitle IX, chapter 701, and for eliminating or waiving requirements for licensing or permitting of commer-cial space transportation activities under that statute. Doc. No. FAA200624197, 72 FR 17016, Apr. 6, 2007 404.3 Filing of petitions to the Asso-ciate Administrator. (a) Any person may petiti
4、on the As-sociate Administrator to: (1) Issue, amend, or repeal a regula-tion to eliminate as a requirement for a license or permit any requirement of Federal law applicable to commercial space launch and reentry activities and the operation of launch and reentry sites; (2) Waive any such requiremen
5、t in the context of a specific application for a license or permit; or (3) Waive the requirement for a li-cense. (b) Each petition filed under this sec-tion must: (1) Be submitted in duplicate to the: (i) Office of Commercial Space Trans-portation, Federal Aviation Adminis-tration, 800 Independence
6、Avenue, SW., Room 331, Washington, DC 20591; or (ii) Be submitted in duplicate to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue, SE., Washington, DC 20590; (2) Set forth the text or substance of the regulation or amendment p
7、roposed, the regulation to be repealed, the li-censing or permitting requirement to be eliminated or waived, or the type of license or permit to be waived; (3) In the case of a petition for a waiver of a particular licensing or per-mitting requirement, explain the na-ture and extent of the relief so
8、ught; (4) Contain any facts, views, and data available to the petitioner to support the action requested; and (5) In the case of a petition for a waiver, be submitted at least 60 days before the proposed effective date of the waiver unless good cause for later submission is shown in the petition. (c
9、) A petition for rulemaking filed under this section must contain a sum-mary, which the Associate Adminis-trator may cause to be published in the FEDERAL REGISTER, which includes: (1) A brief description of the general nature of the action requested; and (2) A brief description of the perti-nent rea
10、sons presented in the petition for instituting the rulemaking. (d) A petition filed under this section may request, under 14 CFR 413.9, that the Department withhold certain trade secrets or proprietary commercial or financial data from public disclosure. Doc. No. FAA200521234, 71 FR 51971, Aug. 31,
11、2006, as amended at 72 FR 68475, Dec. 5, 2007 404.5 Action on petitions. (a) General. No public hearing, argu-ment or other proceeding is held on a petition before its disposition under this section. (b) Grants. In the case of a petition for a waiver, the Associate Adminis-trator may grant the waive
12、r if the As-sociate Administrator determines that the waiver is in the public interest and will not jeopardize public health and VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for R
13、esaleNo reproduction or networking permitted without license from IHS-,-,-491 Commercial Space Transportation, FAA, DOT 404.19 safety, the safety or property, or any national security or foreign policy in-terest of the United States. In all other cases, if the Associate Administrator determines that
14、 the petition contains adequate justification, the Associate Administrator initiates a rulemaking action under Subpart B of this part. (c) Denials. If the Associate Adminis-trator determines that the petition does not justify initiating rulemaking action or granting the waiver, the peti-tion is deni
15、ed. (d) Notification. Whenever the Asso-ciate Administrator determines that a petition should be granted or denied, the petitioner is notified of the Asso-ciate Administrators action and the reasons supporting it. (e) Reconsideration. Any person may petition FAA to reconsider a denial of a petition
16、the person had filed. The pe-titioner must send a request for recon-sideration within 60 days after being notified of the denial to the same ad-dress to which the original petition went. For FAA to accept the petition, the petitioner must show the following: (1) There is a significant additional fac
17、t and the reason it was not included in the original petition; (2) FAA made an important factual error in our denial of the original peti-tion; or (3) The denial by the FAA is not in accordance with the applicable law and regulations. 53 FR 11013, Apr. 4, 1988, as amended by Amdt. 4042, 68 FR 35289,
18、 June 13, 2003; Amdt. 4043, 71 FR 51971, Aug. 31, 2006 Subpart BRulemaking 404.11 General. (a) Unless the Associate Adminis-trator finds, for good cause, that notice is impractical, unnecessary, or con-trary to the public interest, a notice of proposed rulemaking is issued and in-terested persons ar
19、e invited to partici-pate in proceedings related to each sub-stantive rule proposed. (b) Unless the Associate Adminis-trator determines that notice and com-ment is necessary or desirable, inter-pretive rules, general statements of policy, and rules relating to organiza-tion, procedure, or practice a
20、re issued as final rules without notice or other proceedings. (c) In the Associate Administrators discretion, interested persons may be invited to participate in the rule-making proceedings described in 404.19 of this Subpart. 53 FR 11013, Apr. 4, 1988, as amended by Amdt. 4042, 68 FR 35289, June 13
21、, 2003 404.13 Petitions for extension of time to comment. (a) Any person may petition the As-sociate Administrator for an extension of time to submit comments in re-sponse to a notice of proposed rule-making. The petition shall be sub-mitted in duplicate not less than three days before expiration of
22、 the time stat-ed in the notice. The filing of the peti-tion does not automatically extend the time for petitioners comments. (b) The Associate Administrator grants the petition only if the peti-tioner shows a substantive interest in the proposed rule and good cause for the extension, and if the ext
23、ension is in the public interest. If an extension is granted, it is granted as to all persons and is published in the FEDERAL REG-ISTER. 53 FR 11013, Apr. 4, 1988, as amended by Amdt. 4042, 68 FR 35289, June 13, 2003 404.15 Consideration of comments re-ceived. All timely comments are considered befo
24、re final action is taken on a rule-making proposal. Late filed comments may be considered to the extent pos-sible, provided they do not cause undue additional expense or delay. 404.17 Additional rulemaking pro-ceedings. The FAA may initiate other rule-making proceedings, if necessary or de-sirable.
25、For example, it may invite in-terested people to present oral argu-ments, participate in conferences, ap-pear at informal hearings, or partici-pate in any other proceedings. Doc. No. FAA200624197, 72 FR 17016, Apr. 6, 2007 404.19 Hearings. (a) Sections 556 and 557 of Title 5, United States Code, do
26、not apply to VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-492 14 CFR Ch. III (1111 Edition) Pt. 405
27、hearings held under this part. As a fact-finding forum, each hearing held under this part is nonadversarial and there are no formal pleadings or ad-verse parties. Any rule issued in a pro-ceeding in which a hearing is held is not based exclusively on the record of the hearing, but on the entire reco
28、rd of the rulemaking proceeding. (b) The Associate Administrator des-ignates a representative to conduct any hearing held under this part. The FAA Chief Counsel designates a legal officer for the hearing. 53 FR 11013, Apr. 4, 1988, as amended by Amdt. 4042, 68 FR 35289, June 13, 2003 PART 405INVESTI
29、GATIONS AND ENFORCEMENT Sec. 405.1 Monitoring of licensed, permitted, and other activities. 405.3 Authority to modify, suspend or re-voke. 405.5 Emergency orders. AUTHORITY: 49 U.S.C. 7010170121. SOURCE: Docket No. 43810, 53 FR 11014, Apr. 4, 1988, unless otherwise noted. 405.1 Monitoring of license
30、d, per-mitted, and other activities. Each licensee or permittee must allow access by and cooperate with Federal officers or employees or other individuals authorized by the Associate Administrator to observe licensed fa-cilities and activities, including launch sites and reentry sites, as well as ma
31、n-ufacturing, production, testing, and training facilities, or assembly sites used by any contractor, licensee, or permittee to produce, assemble, or test a launch or reentry vehicle and to inte-grate a payload with its launch or re-entry vehicle. Observations are con-ducted to monitor the activitie
32、s of the licensee, permittee, or contractor at such time and to such extent as the As-sociate Administrator considers rea-sonable and necessary to determine compliance with the license or permit or to perform the Associate Adminis-trators responsibilities pertaining to payloads for which no Federal
33、license, authorization, or permit is required. Doc. No. FAA200624197, 72 FR 17016, Apr. 6, 2007 405.3 Authority to modify, suspend or revoke. (a) The FAA may modify a license or permit issued under this chapter upon application by the licensee or per-mittee or upon the FAAs own initia-tive, if the F
34、AA finds that the modi-fication is consistent with the require-ments of the Act. (b) The FAA may suspend or revoke any license or permit issued to such li-censee or permittee under this chapter if the FAA finds that a licensee or per-mittee has substantially failed to com-ply with any requirement of
35、 the Act, any regulation issued under the Act, the terms and conditions of a license or permit, or any other applicable re-quirement; or that public health and safety, the safety of property, or any national security or foreign policy in-terest of the United States so require. (c) Unless otherwise s
36、pecified by the Office, any modification, suspension or revocation made by the Office under this section: (1) Takes effect immediately; and (2) Continues in effect during any re-view of such action under Part 406 of this chapter. (d) Whenever the FAA takes any ac-tion under this section, the FAA imm
37、e-diately notifies the licensee or per-mittee in writing of the FAAs finding and the action, which the FAA has taken or proposes to take regarding such finding. Docket No. 43810, 53 FR 11014, Apr. 4, 1988, as amended by Amdt. 4053, 72 FR 17016, Apr. 6, 2007 405.5 Emergency orders. The Associate Admi
38、nistrator may immediately terminate, prohibit, or suspend a licensed or permitted launch, reentry, or operation of a launch or re-entry site if the Associate Adminis-trator determines that (a) The licensed or permitted launch, reentry, or operation of a launch or re-entry site is detrimental to publ
39、ic health and safety, the safety of prop-erty, or any national security or for-eign policy interest of the United States; and VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
