1、492 14 CFR Ch. III (1111 Edition) Pt. 405 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 rec
2、ord of the hearing, but on the entire record 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,
3、68 FR 35289, June 13, 2003 PART 405INVESTIGATIONS 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 ot
4、herwise noted. 405.1 Monitoring of licensed, 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 lau
5、nch sites and reentry sites, as well as man-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. Observatio
6、ns are con-ducted to monitor the activities 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 pe
7、rtaining to payloads for which no Federal 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
8、or upon the FAAs own initia-tive, if the FAA 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
9、 failed to com-ply with any requirement of 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
10、 States so require. (c) Unless otherwise specified 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 a
11、ny ac-tion under this section, the FAA imme-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
12、405.5 Emergency orders. The Associate Administrator 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 laun
13、ch or re-entry site is detrimental to public 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 DSKGBLS3
14、C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-493 Commercial Space Transportation, FAA, DOT 406.1 (b) The detriment cannot be elimi-nated effectively through the exercise of other authority of the Office. 53 FR 11014, Apr. 4, 1988, a
15、s amended by Amdt. 4051, 65 FR 56657, Sept. 19, 2000; Amdt. 4053, 72 FR 17017, Apr. 6, 2007 PART 406INVESTIGATIONS, EN-FORCEMENT, AND ADMINISTRA-TIVE REVIEW Subpart AInvestigations and Enforcement Sec. 406.1 Hearings in license, permit, and pay-load actions. 406.3 Submissions; oral presentation in l
16、i-cense, permit, and payload actions. 406.5 Administrative law judges rec-ommended decision in license, permit, and payload actions. 406.7 Reserved 406.9 Civil penalties. 406.10406.100 Reserved Subpart BRules of Practice in FAA Space Transportation Adjudications 406.101 Applicability. 406.103 Defini
17、tions that apply in part 406. 406.105 Separation of functions for pros-ecuting civil penalties and advising the FAA decisionmaker. 406.107 Appearances of parties, and attor-neys and representatives. 406.109 Administrative law judgespowers and limitations. 406.111 Signing documents. 406.113 Filing of
18、 documents with the Docket Management System (DMS) and sending documents to the administrative law judge and Assistant Chief Counsel for Litigation. 406.115 Serving documents on other parties. 406.117 Confidential information. 406.119 Computation of time. 406.121 Extension of time. 406.123 Waivers.
19、406.127 Complaint and answer in civil pen-alty adjudications. 406.133 Amendment of pleadings. 406.135 Withdrawal of complaint or request for hearing. 406.137 Intervention. 406.139 Joint procedural or discovery sched-ule. 406.141 Motions. 406.143 Discovery. 406.147 Notice of hearing. 406.149 Evidence
20、. 406.151 Standard of proof. 406.153 Burden of proof. 406.155 Offer of proof. 406.157 Expert or opinion witnesses. 406.159 Subpoenas. 406.161 Witness fees. 406.163 Record. 406.165 Argument before the administrative law judge. 406.167 Initial decision. 406.173 Interlocutory appeals. 406.175 Appeal fr
21、om initial decision. 406.177 Petition to reconsider or modify a final decision and order of the FAA deci-sionmaker on appeal. 406.179 Judicial review of a final decision and order. AUTHORITY: 49 U.S.C. 7010170121. SOURCE: Docket No. FAA20018607, 66 FR 2180, Jan. 10, 2001, unless otherwise noted. Sub
22、part AInvestigations and Enforcement 406.1 Hearings in license, permit, and payload actions. (a) Pursuant to 49 U.S.C. 70110, the following are entitled to a determina-tion on the record after an opportunity for a hearing in accordance with 5 U.S.C. 554. (1) An applicant for a license and a proposed
23、 transferee of a license regard-ing any decision to issue or transfer a license with conditions or to deny the issuance or transfer of such license; (2) An owner or operator of a payload regarding any decision to prevent the launch or reentry of the payload; (3) A licensee regarding any decision to
24、suspend, modify, or revoke a license or to terminate, prohibit, or suspend any licensed activity; (4) An applicant for a permit regard-ing an FAA decision to issue a permit with conditions or to deny the issuance of the permit; and (5) A permittee regarding any deci-sion to suspend, modify, or revok
25、e a permit or to terminate, prohibit, or suspend any permitted activity. (b) An administrative law judge will be designated to preside over any hear-ing held under this part. Docket No. FAA20018607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 4064, 72 FR 17017, Apr. 6, 2007 VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00503 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-,-,-
