Updates to Rulemaking and Waiver Procedures and Expansion of the Equivalent Level of Safety Option, 28528-28536 [2018-13177]
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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations
indicates that the labor market has continued
to strengthen and that economic activity has
been rising at a solid rate. Job gains have
been strong, on average, in recent months,
and the unemployment rate has declined.
Recent data suggest that growth of household
spending has picked up, while business fixed
investment has continued to grow strongly.
On a 12-month basis, both overall inflation
and inflation for items other than food and
energy have moved close to 2 percent.
Indicators of longer-term inflation
expectations are little changed, on balance.
Consistent with its statutory mandate, the
Committee seeks to foster maximum
employment and price stability. The
Committee expects that further gradual
increases in the target range for the federal
funds rate will be consistent with sustained
expansion of economic activity, strong labor
market conditions, and inflation near the
Committee’s symmetric 2 percent objective
over the medium term. Risks to the economic
outlook appear roughly balanced.
In view of realized and expected labor
market conditions and inflation, the
Committee decided to raise the target range
for the federal funds rate to 13⁄4 to 2 percent.
The stance of monetary policy remains
accommodative, thereby supporting strong
labor market conditions and a sustained
return to 2 percent inflation.
A Federal Reserve Implementation note
released simultaneously with the
announcement stated that:
The Board of Governors of the Federal
Reserve System voted unanimously to raise
the interest rate paid on required and excess
reserve balances to 1.95 percent, effective
June 14, 2018. Setting the interest rate paid
on required and excess reserve balances 5
basis points below the top of the target range
for the federal funds rate is intended to foster
trading in the federal funds market at rates
well within the FOMC’s target range.
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As a result, the Board is amending
§ 204.10(b)(5) of Regulation D to change
IORR to 1.95 percent and IOER to 1.95
percent.
III. Administrative Procedure Act
In general, the Administrative
Procedure Act (‘‘APA’’) 7 imposes three
principal requirements when an agency
promulgates legislative rules (rules
made pursuant to congressionally
delegated authority): (1) Publication
with adequate notice of a proposed rule;
(2) followed by a meaningful
opportunity for the public to comment
on the rule’s content; and (3)
publication of the final rule not less
than 30 days before its effective date.
The APA provides that notice and
comment procedures do not apply if the
agency for good cause finds them to be
‘‘unnecessary, impracticable, or contrary
to the public interest.’’ 8 Section 553(d)
of the APA also provides that
publication at least 30 days prior to a
rule’s effective date is not required for
(1) a substantive rule which grants or
recognizes an exemption or relieves a
restriction; (2) interpretive rules and
statements of policy; or (3) a rule for
which the agency finds good cause for
shortened notice and publishes its
reasoning with the rule.9
The Board has determined that good
cause exists for finding that the notice,
public comment, and delayed effective
date provisions of the APA are
unnecessary, impracticable, or contrary
to the public interest with respect to
these final amendments to Regulation D.
The rate increases for IORR and IOER
that are reflected in the final
amendments to Regulation D were made
with a view towards accommodating
commerce and business and with regard
to their bearing upon the general credit
situation of the country. Notice and
public comment would prevent the
Board’s action from being effective as
promptly as necessary in the public
interest and would not otherwise serve
any useful purpose. Notice, public
comment, and a delayed effective date
would create uncertainty about the
finality and effectiveness of the Board’s
action and undermine the effectiveness
of that action. Accordingly, the Board
has determined that good cause exists to
dispense with the notice, public
comment, and delayed effective date
procedures of the APA with respect to
these final amendments to Regulation D.
IV. Regulatory Flexibility Analysis
The Regulatory Flexibility Act
(‘‘RFA’’) does not apply to a rulemaking
where a general notice of proposed
rulemaking is not required.10 As noted
previously, the Board has determined
that it is unnecessary and contrary to
the public interest to publish a general
notice of proposed rulemaking for this
final rule. Accordingly, the RFA’s
requirements relating to an initial and
final regulatory flexibility analysis do
not apply.
V. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act (‘‘PRA’’) of 1995,11 the
Board reviewed the final rule under the
authority delegated to the Board by the
Office of Management and Budget. The
final rule contains no requirements
subject to the PRA.
List of Subjects in 12 CFR Part 204
Banks, Banking, Reporting and
recordkeeping requirements.
95
U.S.C. 553(d).
U.S.C. 603 and 604.
11 44 U.S.C. 3506; see 5 CFR part 1320 Appendix
A.1.
10 5
75
85
U.S.C. 551 et seq.
U.S.C. 553(b)(3)(A).
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For the reasons set forth in the
preamble, the Board amends 12 CFR
part 204 as follows:
PART 204—RESERVE
REQUIREMENTS OF DEPOSITORY
INSTITUTIONS (REGULATION D)
1. The authority citation for part 204
continues to read as follows:
■
Authority: 12 U.S.C. 248(a), 248(c), 371a,
461, 601, 611, and 3105.
2. Section 204.10 is amended by
revising paragraph (b)(5) to read as
follows:
■
§ 204.10
*
Payment of interest on balances.
*
*
*
*
(b) * * *
(5) The rates for IORR and IOER are:
Rate
(percent)
IORR .........................................
IOER .........................................
*
*
*
*
1.95
1.95
*
By order of the Board of Governors of the
Federal Reserve System, June 15, 2018.
Ann Misback,
Secretary of the Board.
[FR Doc. 2018–13267 Filed 6–19–18; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 404, 405, 420, 431,
435, 437, 460
[Docket No.: FAA–2016–6761; Amdt. Nos.
11–62, 404–6, 405–6, 420–8, 431–6, 435–4,
437–2, 460–2]
RIN 2120–AK76
Updates to Rulemaking and Waiver
Procedures and Expansion of the
Equivalent Level of Safety Option
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action streamlines and
improves commercial space
transportation regulations’ general
rulemaking and petition procedures to
better reflect current practice;
reorganizes the regulations for clarity
and flow; and allows petitioners to file
their petitions to the FAA’s Office of
Commercial Space Transportation
electronically. Further, it expands the
option to satisfy commercial space
transportation requirements by
demonstrating an equivalent level of
SUMMARY:
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safety to the regulatory requirements.
These changes are necessary to ensure
that the regulations regarding petitions
are clear and current, and that the
commercial space launch industry is
more easily able to request approvals of
safe alternative means of regulatory
compliance.
DATES: Effective August 20, 2018.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
final rule, see ‘‘How To Obtain
Additional Information’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: For
questions concerning this action,
contact Joshua Easterson, AST–300,
Office of Commercial Space
Transportation, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–5150; email
Joshua.Easterson@faa.gov.
SUPPLEMENTARY INFORMATION:
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Authority for This Rulemaking
The Commercial Space Launch Act of
1984, as amended and re-codified at 51
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U.S.C. 50901–50923 (the Act),
authorizes the Department of
Transportation and thus the FAA,
through delegations, to oversee, license,
and regulate commercial launch and
reentry activities, and the operation of
launch and reentry sites as carried out
by U.S. citizens or within the United
States. 51 U.S.C. 50904, 50905. The Act
directs the FAA to exercise this
responsibility consistent with public
health and safety, safety of property,
and the national security and foreign
policy interests of the United States. 51
U.S.C. 50905. The Act directs the FAA
to regulate only to the extent necessary
to protect the public health and safety,
safety of property, and national security
and foreign policy interests of the
United States. 51 U.S.C. 50901(a)(7).
The FAA is also responsible for
encouraging, facilitating, and promoting
commercial space launches by the
private sector. 51 U.S.C. 50903.
I. Overview of Final Rule
The FAA is adopting this final rule to:
Streamline the general rulemaking and
petition procedures in part 404; clarify
how the general rulemaking and
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petition procedures in part 11 relate to
those in part 404, and ensure the
procedures reflect current practice;
reorganize part 404 to make clear the
distinct requirements for petitions for
waivers and petitions for rulemaking;
amend the title of part 405 to better
reflect the content; and expand the
equivalent level of safety option so that
it applies more broadly throughout 14
CFR chapter III. In addition, this final
rule is adopting minor changes to part
11.
This final rule reorganizes part 404 to
clarify and streamline the requirements.
The reorganization moves the
requirements for petitions for waivers
and petitions for rulemaking into
separate sections but does not
substantially change the requirements.
Instead, some requirements, as
discussed below, were revised for
clarity, to remove duplicate information
and to ensure current practice is
reflected. The reorganization of part 404
as adopted is shown in the below table.
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In addition to reorganizing part 404,
this final rule:
• Adds a cross reference in § 11.15 to
part 404’s commercial space
transportation waivers;
• Includes in § 11.63 the correct
internet link where petitioners can find
additional information on filing their
petitions;
• Amends § 404.1 to state that the
scope of part 404 ‘‘establishes
procedures for issuing regulations and
for filing a petition for waiver or
petition for rulemaking to the Associate
Administrator for Commercial Space
Transportation;’’
• Revises § 404.3 such that petitioners
need only file one copy of their petition
to the Office of Commercial Space
Transportation (AST) by mailing it to
AST’s physical address or emailing it to
the AST email address provided in
§ 404.3;
• Removes the requirement in § 404.3
that a petition for rulemaking contain a
summary that the FAA may cause to be
published in the Federal Register;
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• Amends § 404.5 to require that the
petition must reference the specific
section or sections of 14 CFR chapter III
from which relief is sought;
• Amends § 404.5 to require that the
petition must state the reasons why
granting the request for relief is in the
public interest and will not jeopardize
the public health and safety, safety of
property, and national security and
foreign policy interests of the United
States;
• Amends § 404.7 to state that under
51 U.S.C. 50905(b)(3), the FAA is not
authorized to grant a waiver that would
permit the launch or reentry of a launch
vehicle or reentry vehicle without a
license or permit if a human being
would be on board;
• Removes information in §§ 404.9,
404.11, and 404.13 regarding filing
petitions for rulemaking, the FAA’s
action on petitions for rulemaking, and
the agency’s general rulemaking process
that duplicates part 11 and, instead,
cross references relevant sections of part
11 in §§ 404.9, 404.11, and 404.13,
respectively;
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• Changes the current title of part
405, ‘‘Investigations and Enforcement,’’
to ‘‘Compliance and Enforcement,’’ to
better reflect the content;
• Expands the equivalent level of
safety option to each requirement of
parts 420 (License To Operate A Launch
Site), 431 (Launch And Reentry Of A
Reusable Launch Vehicle), 435 (Reentry
Of A Reentry Vehicle Other Than A
Reusable Launch Vehicle), and 437
(Experimental Permits); and,
• Expands the equivalent level of
safety option to § 460.5(d) as a means of
compliance with pilot qualification
requirements.
This final rule will result in
nonquantified benefits for the
commercial space transportation
industry, the interested public, and the
government by streamlining and
improving commercial space
transportation regulations’ general
rulemaking and petition procedures and
allowing petitioners to file their
petitions to the FAA’s Office of
Commercial Space Transportation
electronically. In addition, this rule
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expands the option to satisfy
commercial space transportation
requirements by demonstrating an
equivalent level of safety, thereby
providing more choice to operators and
reducing the number of waivers that
must be prepared by the industry and
processed by the government.
II. Background
On June 1, 2016, the FAA published
a notice of proposed rulemaking
(NPRM) (81 FR 34919) proposing to
amend 14 CFR chapter III to modify and
streamline the FAA’s commercial space
transportation regulations regarding
general rulemaking and petition
procedures; expand the equivalent level
of safety option to provide the
commercial space transportation
industry with alternative means of
satisfying chapter III requirements; and,
make a minor change to revise a part
title.
The Office of Commercial Space
Transportation (AST) was established
under the Commercial Space Launch
Act of 1984 (the Act) as part of the
Department of Transportation. In 1988,
pursuant to the Act, rulemaking and
petition procedures specific to
commercial space operations were
codified in 14 CFR, chapter III, part 404.
In November 1995, AST was transferred
to the FAA, becoming the agency’s only
space-related line of business. Whereas
AST’s rulemaking and petition
requirements reside in part 404, the
FAA’s rulemaking and petition
procedures are codified in part 11. The
two sets of procedures are mostly
duplicative and at times confusing as to
applicability. Therefore, the FAA issued
the June 2016 NPRM to propose to
reorganize, streamline, and modify the
part 404 requirements. This final rule
adopts the proposed changes to part 404
without change.
An equivalent level of safety
provision allows an applicant to
propose an alternative method to meet
the safety intent of a current regulatory
requirement, by providing a clear and
convincing demonstration through
technical rationale that the proposed
alternative approach provides a level of
safety equivalent to the requirement it
would replace. An equivalent level of
safety means an approximately equal
level of safety as determined by
qualitative or quantitative means. Prior
to this rulemaking, the option to satisfy
a commercial space transportation
regulation by demonstrating an
equivalent level of safety was limited to
the launch license provisions for
expendable launch vehicles in parts 415
and 417, and to some specific sections
of other parts in chapter III including
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sections of the launch site location
review and explosive siting
requirements to obtain a license to
operate a launch site in part 420,
collision avoidance distances for
experimental permits in part 437, the
requirement that a remote operator
possess an FAA pilot certificate with an
instrument rating in the Human Space
Flight Requirements in part 460, and
environmental controls and life support
system requirements also in part 460.
This restricted the FAA’s flexibility in
approving launch and reentry related
activities, where the operator can
convincingly demonstrate in an
application that an alternative approach
to the requirements of chapter III
provides an equivalent level of safety.
While applicants are still able to
petition for waiver of any regulatory
requirement, the June 2016 NPRM
proposed to expand the equivalent level
of safety option so that it applies more
broadly to all requirements in parts 420,
431, 435, and 437 in chapter III. The
waiver process can sometimes be more
time-consuming than pursuing an
equivalent level of safety determination.
The NPRM also proposed clarifying that
the equivalent level of safety provision
for FAA pilot certificates applicable to
remote operators in part 460 should also
be applicable to all pilots under part
460.
Expanding the equivalent level of
safety option is expected to reduce
paperwork burdens without negatively
impacting safety. To utilize the option
applicants must demonstrate that they
are achieving a level of safety equivalent
to any safety parameters specified in the
regulations. The FAA will evaluate
every request for an alternative means of
regulatory compliance under the
equivalent level of safety provisions to
ensure that the safety of the public,
property, or any national security or
foreign policy interest of the United
States is maintained to be consistent
with the requirements in chapter III of
Title 14 of the Code of Federal
Regulations.
This final rule adopts the proposed
expansion of the equivalent level of
safety option without change. In
addition to previously available
opportunities to pursue an equivalent
level of safety, applicants will now have
the option to pursue an equivalent level
of safety option for each requirement of
parts 420 (License To Operate A Launch
Site), 431 (Launch And Reentry Of A
Reusable Launch Vehicle), 435 (Reentry
Of A Reentry Vehicle Other Than A
Reusable Launch Vehicle), and 437
(Experimental Permits). The equivalent
level of safety determination by the FAA
will be included as part of any license
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or permit issued applying this
provision.
The title of part 405 was
‘‘Investigations and Enforcement.’’
However, part 405 does not relate to
investigations. To avoid confusion, the
FAA proposed to revise the title of part
405 to a title more descriptive of its
contents, namely, ‘‘Compliance and
Enforcement.’’ This final rule adopts the
change as proposed.
In addition to the proposed changes to
chapter III, the June 2016 NPRM
proposed minor changes to part 11 of
chapter I to add a cross reference to part
404’s commercial space transportation
waivers; make minor editorial changes
and clarify that formal standing
advisory committees comply with the
Federal Advisory Committee Act
(FACA); and, include the correct
internet link to information relevant to
filing petitions. This final rule adopts
the proposed changes, except for minor
clarifications discussed under the
‘‘Discussion of Public Comments’’
section of this preamble.
III. Discussion of Public Comments
The FAA received comments from
two entities, the Aeronautical Repair
Station Association (ARSA) and Space
Exploration Technologies Corporation
(SpaceX). In general, the commenters
supported the proposed amendments,
with SpaceX fully supporting the rule.
ARSA suggested minor changes to the
proposed regulatory text. After carefully
considering ARSA’s comments, the FAA
generally adopts the provisions as
proposed, but makes the two minor
changes discussed below.
ARSA recommended that the Web
address referenced in proposed § 11.63
(https://www.faa.gov/regulations_
policies/) be changed to one less likely
to change over time. The FAA agrees
and in the final rule changed the Web
address to https://www.faa.gov, which is
a top-level Web domain that is not
likely to change. The FAA also added
language stating that the user should
then navigate to the ‘‘Rulemaking’’
home page.
ARSA further recommended that the
FAA not cite specific examples (i.e., the
Aviation Rulemaking Advisory
Committee (ARAC) and the Commercial
Space Transportation Advisory
Committee (COMSTAC)) of standing
advisory committees in proposed
§ 11.27, as doing so might be interpreted
as excluding or limiting other types of
committees from which the FAA
receives rulemaking recommendations.
ARSA argued that when another
advisory committee is created,
rulemaking would again be necessary.
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The FAA carefully considered
ARSA’s suggested change, and
determined that the language
unambiguously conveys that the FAA
may convene a variety of advisory
committees of which ARAC and
COMSTAC are examples. Indeed, the
existing regulation already contains a
reference to ARAC, which has not
caused confusion or required the FAA
to amend § 11.27 when additional types
of advisory committees are used to
obtain rulemaking recommendations.
That being said, the FAA has opted to
remove the proposed change. As such,
the existing language in § 11.27 will
remain unchanged.
IV. Regulatory Notices and Analyses
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A. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this rule.
Department of Transportation Order
DOT 2100.5 prescribes policies and
procedures for simplification, analysis,
and review of regulations. If the
expected cost impact is so minimal that
a proposed or final rule does not
warrant a full evaluation, this order
permits that a statement to that effect
and the basis for it to be included in the
preamble if a full regulatory evaluation
of the cost and benefits is not prepared.
Such a determination has been made for
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this final rule. The reasoning for this
determination follows.
This rule will streamline and improve
commercial space transportation
regulations’ general rulemaking and
petition procedures. It will do this by
updating the rule language to reflect
current practice; reorganizing it for
clarity and flow; and allowing
petitioners to file their petitions to the
FAA’s Office of Commercial Space
Transportation electronically. In
addition, this rule will expand the
option to satisfy commercial space
transportation requirements by
demonstrating an equivalent level of
safety. These changes are necessary to
ensure the regulations are current,
accurate, and not unnecessarily
burdensome.
As this rule will streamline and
clarify FAA rulemaking procedures,
codify current practice and expand
options to demonstrate an equivalent
level of safety possibly leading to fewer
waiver requests, the expected outcome
will have only a minor cost savings
impact. Therefore, the FAA concludes
this final rule will result in minimal
costs and a regulatory evaluation was
not prepared. This conclusion is further
bolstered by the fact that the FAA
received no comments on this minimal
cost determination.
FAA has, therefore, determined that
this final rule is not a ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866, and is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation.’’ To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
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However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
This final rule is expected to have an
effect on States, local governments, large
entities such as Boeing and a significant
number of small entities such as Scaled
Composites, LLC, Masten Space
Systems, XCOR Aerospace, Escape
Dynamics, and Space Information
Laboratories.
As this rule will streamline and
clarify FAA rulemaking procedures,
codify current practice and expand
options to demonstrate an equivalent
level of safety, the expected outcome
will have only minor cost savings
impact on any small entity affected by
this rulemaking action. Therefore, the
FAA concludes the rule will have only
a minimal economic cost. This
conclusion is further bolstered by the
fact that the FAA received no comments
on this minimal cost determination.
If an agency determines that a
rulemaking will not result in a
significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the RFA. Therefore, as
provided in section 605(b), the head of
the FAA certifies that this rulemaking
will not result in a significant economic
impact on a substantial number of small
entities.
C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this rule and
determined that it would impose the
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same costs on domestic and
international entities and thus has a
neutral trade impact.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of $155
million in lieu of $100 million.
This rule does not contain such a
mandate; therefore, the requirements of
Title II of the Unfunded Mandates
Reform Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. The
FAA has determined that there is no
new requirement for information
collection associated with this final
rule.
F. International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has determined that there are no ICAO
Standards and Recommended Practices
that correspond to these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6 and involves no
extraordinary circumstances.
sradovich on DSK3GMQ082PROD with RULES
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. The
agency determined that this action will
not have a substantial direct effect on
the States, or the relationship between
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16:19 Jun 19, 2018
Jkt 244001
the Federal Government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
does not have Federalism implications.
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it is not a
‘‘significant energy action’’ under the
executive order and it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs
This final rule is considered an E.O.
13771 deregulatory action. The FAA
expects minor cost savings that cannot
be quantified. The rule streamlines and
improves commercial space
transportation regulations’ general
rulemaking and petition procedures.
These changes should make it easier to
read and understand the regulations,
and lead to minimal cost savings that
are not quantifiable. The rule also
allows petitioners to file their petitions
to the FAA’s Office of Commercial
Space Transportation electronically.
This could save minimal costs over
mailing petitions. Finally, the rule
expands the options to demonstrate an
equivalent level of safety. This would
also reduce the number of waivers that
have to be approved. These cost savings
are expected to be minimal and not
quantifiable, as we don’t know the effect
of having acceptance of the equivalent
level of safety approach earlier in the
process than the alternative of
requesting a waiver later in the process.
We also don’t know how often a
petitioner will choose to demonstrate an
alternative level of safety as opposed to
requesting a waiver.
VI. How To Obtain Additional
Information
A. Rulemaking Documents
An electronic copy of a rulemaking
document may be obtained by using the
internet—
1. Search the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visit the FAA’s Regulations and
Policies web page at https://
www.faa.gov/regulations_policies/ or
3. Access the Government Printing
Office’s web page at https://
www.gpo.gov/fdsys/.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
28533
Copies may also be obtained by
sending a request (identified by notice,
amendment, or docket number of this
rulemaking) to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue SW,
Washington, DC 20591, or by calling
(202) 267–9680.
B. Comments Submitted to the Docket
Comments received may be viewed by
going to https://www.regulations.gov and
following the online instructions to
search the docket number for this
action. Anyone is able to search the
electronic form of all comments
received into any of the FAA’s dockets
by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
C. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document, may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects
14 CFR Part 11
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
14 CFR Part 404
Administrative practice and
procedure, Space transportation and
exploration.
14 CFR Part 405
Investigations, Penalties, Space
transportation and exploration.
14 CFR Part 420
Environmental protection, Reporting
and recordkeeping requirements, Space
transportation and exploration.
14 CFR Part 431
Aviation safety, Environmental
protection, Investigations, Reporting
and recordkeeping requirements, Space
transportation and exploration.
14 CFR Part 435
Aviation safety, Environmental
protection, Investigations, Reporting
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and recordkeeping requirements, Space
transportation and exploration.
14 CFR Part 437
Aircraft, Aviation safety, Reporting
and recordkeeping requirements, Space
transportation and exploration.
14 CFR Part 460
Aircraft, Aviation safety, Reporting
and recordkeeping requirements, Space
transportation and exploration.
The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends chapters I and III of title 14,
Code of Federal Regulations as follows:
PART 11—GENERAL RULEMAKING
PROCEDURES
1. The authority citation for part 11 is
revised to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40109, 40113, 44110, 44502,
44701–44702, 44711, 46102, and 51 U.S.C.
50901–50923.
■
2. Revise § 11.15 to read as follows:
§ 11.15
What is a petition for exemption?
A petition for exemption is a request
to the FAA by an individual or entity
asking for relief from the requirements
of a current regulation. For petitions for
waiver of commercial space
transportation regulations, see part 404
of this title.
3. Amend § 11.63 by revising
paragraph (a)(1) to read as follows:
■
§ 11.63 How and to whom do I submit my
petition for rulemaking or petition for
exemption?
(a) * * *
(1) By electronic submission, submit
your petition for rulemaking or
exemption to the FAA through the
internet at https://www.regulations.gov,
the Federal Docket Management System
website. For additional instructions, you
may visit https://www.faa.gov, and
navigate to the Rulemaking home page.
*
*
*
*
*
PART 404—PETITION AND
RULEMAKING PROCEDURES
4. The authority citation for part 404
continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES
■
Authority: 51 U.S.C. 50901–50923.
5. The heading of part 404 is revised
to read as set forth above.
■
6. Remove the headings of subparts A
and B.
■
■
7. Revise § 404.1 to read as follows:
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16:19 Jun 19, 2018
Jkt 244001
§ 404.1
Scope.
This part establishes procedures for
issuing regulations and for filing a
petition for waiver or petition for
rulemaking to the Associate
Administrator for Commercial Space
Transportation.
■ 8. Amend § 404.3 by revising the
section heading and paragraphs (a)(3),
(b), (c), (d), and adding new paragraphs
(e), (f), and (g) to read as follows:
§ 404.3
General.
(a) * * *
(3) Waive the requirement for a
license, except as provided in § 404.7(b).
(b) A petition filed under this section
may request, under § 413.9 of this
chapter, that the Associate
Administrator withhold certain trade
secrets or proprietary commercial or
financial data from public disclosure.
(c) Each petitioner filing under this
section must:
(1) For electronic submission, send
one copy of the petition by email to the
Office of Commercial Space
Transportation at ASTpetition@faa.gov;
or
(2) For paper submission, send one
copy of the petition to the Office of
Commercial Space Transportation,
Federal Aviation Administration, 800
Independence Avenue SW, Room 331,
Washington, DC 20591.
(d) Each petition filed under this
section must include the petitioner’s
name, mailing address, telephone
number and any other contact
information, such as an email address or
a fax number.
(e) Notification. When the Associate
Administrator determines that a petition
should be granted or denied, the
Associate Administrator notifies the
petitioner of the Associate
Administrator’s action and the reasons
supporting the action.
(f) Reconsideration. Any person may
petition the FAA to reconsider a denial
of a petition the person filed. The
petitioner must send a request for
reconsideration within 60 days after
being notified of the denial to the same
address to which the original petition
was filed. For the FAA to accept the
reconsideration request, the petitioner
must show—
(1) There is a significant additional
fact and the reason it was not included
in the original petition;
(2) The FAA made an important
factual error in its denial of the original
petition; or
(3) The denial is not in accordance
with the applicable law and regulations.
(g) Public hearing. No public hearing,
argument or other proceeding is held on
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Frm 00014
Fmt 4700
Sfmt 4700
a petition before its disposition under
this section.
■ 9. Revise § 404.5 to read as follows:
§ 404.5
Filing a petition for waiver.
A petition for waiver must be
submitted at least 60 days before the
proposed effective date of the waiver
unless the petitioner shows good cause
for later submission in the petition, and
the petition for waiver must—
(a) Include the specific section or
sections of 14 CFR chapter III from
which the petitioner seeks relief;
(b) Include the extent of the relief
sought and the reason the relief is being
sought;
(c) Include any facts, views, and data
available to the petitioner to support the
waiver request; and
(d) Show why granting the request for
relief is in the public interest and will
not jeopardize the public health and
safety, safety of property, and national
security and foreign policy interests of
the United States.
■ 10. Add § 404.7 to read as follows:
§ 404.7
Action on a petition for waiver.
(a) Grant of waiver. The Associate
Administrator may grant a waiver,
except as provided in paragraph (b) of
this section, if the Associate
Administrator determines that the
waiver is in the public interest and will
not jeopardize public health and safety,
the safety of property, or any national
security or foreign policy interest of the
United States.
(b) Waiver ineligibility. The FAA may
not grant a waiver that would permit the
launch or reentry of a launch vehicle or
a reentry vehicle without a license or
permit if a human being will be on
board.
(c) Denial of waiver. If the Associate
Administrator determines that the
petition does not justify granting a
waiver, the Associate Administrator
denies the petition.
■ 11. Add § 404.9 to read as follows:
§ 404.9
Filing a petition for rulemaking.
A petition for rulemaking filed under
this part must be made in accordance
with 14 CFR 11.71.
■ 12. Revise § 404.11 to read as follows:
§ 404.11 Action on a petition for
rulemaking.
The FAA will process petitions for
rulemaking under this part in
accordance with 14 CFR 11.73.
■ 13. Revise § 404.13 to read as follows:
§ 404.13
Rulemaking.
(a) The FAA’s rulemaking procedures
are located in subpart A of part 11 of
this title, under the General, Written
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28535
■
20. Amend § 420.25 by revising
paragraph (a) to read as follows:
equivalent level of safety to the
requirement of this part.
§ 420.25 Launch site location review—risk
analysis.
PART 437—EXPERIMENTAL PERMITS
■
■
(a) If a flight corridor or impact
dispersion area defined by § 420.23
contains a populated area, the applicant
shall estimate the casualty expectation
associated with the flight corridor or
impact dispersion area. An applicant
shall use the methodology provided in
appendix C to this part for guided
orbital or suborbital expendable launch
vehicles and appendix D for unguided
suborbital launch vehicles.
*
*
*
*
*
PART 420—LICENSE TO OPERATE A
LAUNCH SITE
PART 431—LAUNCH AND REENTRY
OF A REUSABLE LAUNCH VEHICLE
(RLV)
Comments, and Public Meetings and
Other Proceedings headings.
(b) In addition to the rulemaking
procedures referenced in paragraph (a)
of this section, the provisions of
§§ 404.17 and 404.19 also apply.
§ 404.15
■
[Removed and Reserved]
14. Remove and reserve § 404.15.
PART 405—COMPLIANCE AND
ENFORCEMENT
15. The authority citation for part 405
continues to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
16. The heading of part 405 is revised
to read as set forth above.
17. The authority citation for part 420
continues to read as follows:
■
21. The authority citation for part 431
continues to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
Authority: 51 U.S.C. 50901–50923.
■
18. Revise § 420.1 to read as follows:
§ 420.1
■
§ 431.1
General.
(a) Scope. This part prescribes the
information and demonstrations that
must be provided to the FAA as part of
a license application, the bases for
license approval, license terms and
conditions, and post-licensing
requirements with which a licensee
shall comply to remain licensed.
Requirements for preparing a license
application are contained in part 413 of
this subchapter.
(b) Equivalent level of safety. Each
requirement of this part applies unless
the applicant or licensee clearly and
convincingly demonstrates that an
alternative approach provides an
equivalent level of safety to the
requirement of this part.
■ 19. Amend § 420.23 by revising
paragraphs (a)(3), (b)(4), and (c)(2), and
removing paragraph (c)(3) to read as
follows:
sradovich on DSK3GMQ082PROD with RULES
§ 420.23 Launch site location review—
flight corridor.
16:19 Jun 19, 2018
Jkt 244001
General.
(a) Scope. This part prescribes
requirements for obtaining a reusable
launch vehicle (RLV) mission license
and post-licensing requirements with
which a licensee must comply to remain
licensed. Requirements for preparing a
license application are contained in part
413 of this subchapter.
(b) Equivalent level of safety. Each
requirement of this part applies unless
the applicant or licensee clearly and
convincingly demonstrates that an
alternative approach provides an
equivalent level of safety to the
requirement of this part.
PART 435—REENTRY OF A REENTRY
VEHICLE OTHER THAN A REUSABLE
LAUNCH VEHICLE (RLV)
23. The authority citation for part 435
continues to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
■
(a) * * *
(3) Uses one of the methodologies
provided in appendix A or B of this
part.
(b) * * *
(4) Uses one of the methodologies
provided in appendix A or B to this
part.
(c) * * *
(2) An applicant shall base its analysis
on an unguided suborbital launch
vehicle whose final launch vehicle stage
apogee represents the intended use of
the launch point.
*
*
*
*
*
VerDate Sep<11>2014
22. Revise § 431.1 to read as follows:
24. Revise § 435.1 to read as follows:
§ 435.1
Authority: 51 U.S.C. 50901–50923.
■
26. Revise § 437.1 to read as follows:
§ 437.1
part.
Scope and organization of this
(a) Scope. This part prescribes
requirements for obtaining an
experimental permit. It also prescribes
post-permitting requirements with
which a permittee must comply to
maintain its permit. Part 413 of this
subchapter contains procedures for
applying for an experimental permit.
(b) Equivalent level of safety. Each
requirement of this part applies unless
the applicant or permittee clearly and
convincingly demonstrates that an
alternative approach provides an
equivalent level of safety to the
requirement of this part.
(c) Organization of this part. Subpart
A contains general information about an
experimental permit. Subpart B contains
requirements to obtain an experimental
permit. Subpart C contains the safety
requirements with which a permittee
must comply while conducting
permitted activities. Subpart D contains
terms and conditions of an experimental
permit.
27. Amend § 437.65 by revising
paragraph (b) to read as follows:
■
§ 437.65
Collision avoidance analysis.
*
*
*
*
*
(b) The collision avoidance analysis
must establish each period during
which a permittee may not initiate flight
to ensure that a permitted vehicle and
any jettisoned components do not pass
closer than 200 kilometers to a manned
or mannable orbital object.
PART 460—HUMAN SPACE FLIGHT
REQUIREMENTS
General.
(a) Scope. This part prescribes
requirements for obtaining a license to
reenter a reentry vehicle other than a
reusable launch vehicle (RLV), and
postlicensing requirements with which
a licensee must comply to remain
licensed. Requirements for preparing a
license application are contained in part
413 of this subchapter.
(b) Equivalent level of safety. Each
requirement of this part applies unless
the applicant or licensee clearly and
convincingly demonstrates that an
alternative approach provides an
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25. The authority citation for part 437
continues to read as follows:
Frm 00015
Fmt 4700
Sfmt 4700
28. The authority citation for part 460
continues to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
29. Amend § 460.5 by revising
paragraph (d) to read as follows:
■
§ 460.5
Crew qualifications and training.
*
*
*
*
*
(d) A pilot or a remote operator may
demonstrate an equivalent level of
safety to paragraph (c)(1) of this section
through the license or permit process.
*
*
*
*
*
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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations
Issued in Washington, DC, on June 6, 2018.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2018–13177 Filed 6–19–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–1247; Product
Identifier 2017–NM–085–AD; Amendment
39–19316; AD 2018–13–04]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model BD–100–1A10
airplanes. This AD was prompted by a
report indicating that certain lanyards
for the passenger oxygen masks located
in the airplane’s entry area are too long.
This AD requires replacement of certain
oxygen mask lanyards with shorter
lanyards. We are issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective July 25,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 25, 2018.
ADDRESSES: For service information
identified in this final rule, contact
ˆ
Bombardier, Inc., 400 Cote-Vertu Road
´
West, Dorval, Quebec H4S 1Y9, Canada;
telephone: 514–855–5000; fax: 514–
855–7401; email: thd.crj@
aero.bombardier.com; internet: https://
www.bombardier.com. You may view
this referenced service information at
the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available on the internet
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2017–1247.
sradovich on DSK3GMQ082PROD with RULES
DATES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
1247; or in person at the Docket
Management Facility between 9 a.m.
VerDate Sep<11>2014
16:19 Jun 19, 2018
Jkt 244001
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is Docket Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems
Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7318; fax 516–794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Bombardier, Inc., Model
BD–100–1A10 airplanes. The NPRM
published in the Federal Register on
January 17, 2018 (83 FR 2373) (‘‘the
NPRM’’). The NPRM was prompted by
a report indicating that certain lanyards
for the passenger oxygen masks located
in the airplane’s entry area are too long.
The NPRM proposed to require
replacement of certain oxygen mask
lanyards with shorter lanyards. We are
issuing this AD to detect and correct
lanyards that are too long, which might
result in difficulties starting the flow of
oxygen in an emergency.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian AD
CF–2017–22, dated June 23, 2017
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for certain Bombardier, Inc.,
Model BD–100–1A10 airplanes. The
MCAI states:
Bombardier, Inc., has discovered that the
entry area passenger oxygen mask lanyards
are too long. Upon deployment during an
emergency, this may result in difficulties to
start the oxygen flow for tall individuals.
This [Canadian] AD mandates the
replacement of the existing entry area
passenger oxygen mask lanyards with shorter
ones for proper operation.
You may examine the MCAI in the AD
docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
1247.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
received on the NPRM and the FAA’s
response to each comment.
Request To Match Compliance Time in
the Service Information
Bombardier noted that the compliance
time in paragraph (g) of the proposed
AD was ‘‘Within 36 months after the
effective date of this AD,’’ whereas
Bombardier Service Bulletin 100–35–08,
dated April 11, 2017, includes a
compliance time of within ‘‘36 months
from this Service Bulletin release date
(Basic Issue)’’. We infer that the
commenter is requesting that the
compliance time in paragraph (g) of the
proposed AD be changed to match what
is in the service information.
We do not agree with the commenter’s
request. In developing an appropriate
compliance time for this AD, we
considered the degree of urgency
associated with addressing the unsafe
condition and the manufacturer’s
recommendation for an appropriate
compliance time, as well as the time
required for the rulemaking process. In
consideration of these factors, we find
that the compliance time, as proposed,
represents an appropriate interval in
which to replace the affected oxygen
mask lanyards, while still maintaining
an adequate level of safety. Operators
are always permitted to accomplish the
requirements of an AD at a time earlier
than the specified compliance time. We
have not changed this AD regarding this
issue.
Request To Correct Typographical
Error
Bombardier requested that a part
number in paragraph (g) of the proposed
AD be corrected. Paragraph (g) of the
proposed AD specified the replacement
of lanyards having a certain part number
with new lanyards having part number
P/N 289–65–10. The correct part
number for the new lanyards is P/N
289–165–10.
We agree with the commenter’s
request and have revised paragraph (g)
of this AD to include the correct part
number for the new lanyards, P/N 289–
165–10, which is specified in
Bombardier Service Bulletin 100–35–08,
dated April 11, 2017.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this AD
with the changes described previously
and minor editorial changes. We have
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
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]]>Agencies
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28528-28536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13177]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 404, 405, 420, 431, 435, 437, 460
[Docket No.: FAA-2016-6761; Amdt. Nos. 11-62, 404-6, 405-6, 420-8, 431-
6, 435-4, 437-2, 460-2]
RIN 2120-AK76
Updates to Rulemaking and Waiver Procedures and Expansion of the
Equivalent Level of Safety Option
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action streamlines and improves commercial space
transportation regulations' general rulemaking and petition procedures
to better reflect current practice; reorganizes the regulations for
clarity and flow; and allows petitioners to file their petitions to the
FAA's Office of Commercial Space Transportation electronically.
Further, it expands the option to satisfy commercial space
transportation requirements by demonstrating an equivalent level of
[[Page 28529]]
safety to the regulatory requirements. These changes are necessary to
ensure that the regulations regarding petitions are clear and current,
and that the commercial space launch industry is more easily able to
request approvals of safe alternative means of regulatory compliance.
DATES: Effective August 20, 2018.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For questions concerning this action,
contact Joshua Easterson, AST-300, Office of Commercial Space
Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone (202) 267-5150; email
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The Commercial Space Launch Act of 1984, as amended and re-codified
at 51 U.S.C. 50901-50923 (the Act), authorizes the Department of
Transportation and thus the FAA, through delegations, to oversee,
license, and regulate commercial launch and reentry activities, and the
operation of launch and reentry sites as carried out by U.S. citizens
or within the United States. 51 U.S.C. 50904, 50905. The Act directs
the FAA to exercise this responsibility consistent with public health
and safety, safety of property, and the national security and foreign
policy interests of the United States. 51 U.S.C. 50905. The Act directs
the FAA to regulate only to the extent necessary to protect the public
health and safety, safety of property, and national security and
foreign policy interests of the United States. 51 U.S.C. 50901(a)(7).
The FAA is also responsible for encouraging, facilitating, and
promoting commercial space launches by the private sector. 51 U.S.C.
50903.
I. Overview of Final Rule
The FAA is adopting this final rule to: Streamline the general
rulemaking and petition procedures in part 404; clarify how the general
rulemaking and petition procedures in part 11 relate to those in part
404, and ensure the procedures reflect current practice; reorganize
part 404 to make clear the distinct requirements for petitions for
waivers and petitions for rulemaking; amend the title of part 405 to
better reflect the content; and expand the equivalent level of safety
option so that it applies more broadly throughout 14 CFR chapter III.
In addition, this final rule is adopting minor changes to part 11.
This final rule reorganizes part 404 to clarify and streamline the
requirements. The reorganization moves the requirements for petitions
for waivers and petitions for rulemaking into separate sections but
does not substantially change the requirements. Instead, some
requirements, as discussed below, were revised for clarity, to remove
duplicate information and to ensure current practice is reflected. The
reorganization of part 404 as adopted is shown in the below table.
[[Page 28530]]
[GRAPHIC] [TIFF OMITTED] TR20JN18.053
In addition to reorganizing part 404, this final rule:
Adds a cross reference in Sec. 11.15 to part 404's
commercial space transportation waivers;
Includes in Sec. 11.63 the correct internet link where
petitioners can find additional information on filing their petitions;
Amends Sec. 404.1 to state that the scope of part 404
``establishes procedures for issuing regulations and for filing a
petition for waiver or petition for rulemaking to the Associate
Administrator for Commercial Space Transportation;''
Revises Sec. 404.3 such that petitioners need only file
one copy of their petition to the Office of Commercial Space
Transportation (AST) by mailing it to AST's physical address or
emailing it to the AST email address provided in Sec. 404.3;
Removes the requirement in Sec. 404.3 that a petition for
rulemaking contain a summary that the FAA may cause to be published in
the Federal Register;
Amends Sec. 404.5 to require that the petition must
reference the specific section or sections of 14 CFR chapter III from
which relief is sought;
Amends Sec. 404.5 to require that the petition must state
the reasons why granting the request for relief is in the public
interest and will not jeopardize the public health and safety, safety
of property, and national security and foreign policy interests of the
United States;
Amends Sec. 404.7 to state that under 51 U.S.C.
50905(b)(3), the FAA is not authorized to grant a waiver that would
permit the launch or reentry of a launch vehicle or reentry vehicle
without a license or permit if a human being would be on board;
Removes information in Sec. Sec. 404.9, 404.11, and
404.13 regarding filing petitions for rulemaking, the FAA's action on
petitions for rulemaking, and the agency's general rulemaking process
that duplicates part 11 and, instead, cross references relevant
sections of part 11 in Sec. Sec. 404.9, 404.11, and 404.13,
respectively;
Changes the current title of part 405, ``Investigations
and Enforcement,'' to ``Compliance and Enforcement,'' to better reflect
the content;
Expands the equivalent level of safety option to each
requirement of parts 420 (License To Operate A Launch Site), 431
(Launch And Reentry Of A Reusable Launch Vehicle), 435 (Reentry Of A
Reentry Vehicle Other Than A Reusable Launch Vehicle), and 437
(Experimental Permits); and,
Expands the equivalent level of safety option to Sec.
460.5(d) as a means of compliance with pilot qualification
requirements.
This final rule will result in nonquantified benefits for the
commercial space transportation industry, the interested public, and
the government by streamlining and improving commercial space
transportation regulations' general rulemaking and petition procedures
and allowing petitioners to file their petitions to the FAA's Office of
Commercial Space Transportation electronically. In addition, this rule
[[Page 28531]]
expands the option to satisfy commercial space transportation
requirements by demonstrating an equivalent level of safety, thereby
providing more choice to operators and reducing the number of waivers
that must be prepared by the industry and processed by the government.
II. Background
On June 1, 2016, the FAA published a notice of proposed rulemaking
(NPRM) (81 FR 34919)[thinsp]proposing to amend 14 CFR chapter III to
modify and streamline the FAA's commercial space transportation
regulations regarding general rulemaking and petition procedures;
expand the equivalent level of safety option to provide the commercial
space transportation industry with alternative means of satisfying
chapter III requirements; and, make a minor change to revise a part
title.
The Office of Commercial Space Transportation (AST) was established
under the Commercial Space Launch Act of 1984 (the Act) as part of the
Department of Transportation. In 1988, pursuant to the Act, rulemaking
and petition procedures specific to commercial space operations were
codified in 14 CFR, chapter III, part 404. In November 1995, AST was
transferred to the FAA, becoming the agency's only space-related line
of business. Whereas AST's rulemaking and petition requirements reside
in part 404, the FAA's rulemaking and petition procedures are codified
in part 11. The two sets of procedures are mostly duplicative and at
times confusing as to applicability. Therefore, the FAA issued the June
2016 NPRM to propose to reorganize, streamline, and modify the part 404
requirements. This final rule adopts the proposed changes to part 404
without change.
An equivalent level of safety provision allows an applicant to
propose an alternative method to meet the safety intent of a current
regulatory requirement, by providing a clear and convincing
demonstration through technical rationale that the proposed alternative
approach provides a level of safety equivalent to the requirement it
would replace. An equivalent level of safety means an approximately
equal level of safety as determined by qualitative or quantitative
means. Prior to this rulemaking, the option to satisfy a commercial
space transportation regulation by demonstrating an equivalent level of
safety was limited to the launch license provisions for expendable
launch vehicles in parts 415 and 417, and to some specific sections of
other parts in chapter III including sections of the launch site
location review and explosive siting requirements to obtain a license
to operate a launch site in part 420, collision avoidance distances for
experimental permits in part 437, the requirement that a remote
operator possess an FAA pilot certificate with an instrument rating in
the Human Space Flight Requirements in part 460, and environmental
controls and life support system requirements also in part 460. This
restricted the FAA's flexibility in approving launch and reentry
related activities, where the operator can convincingly demonstrate in
an application that an alternative approach to the requirements of
chapter III provides an equivalent level of safety.
While applicants are still able to petition for waiver of any
regulatory requirement, the June 2016 NPRM proposed to expand the
equivalent level of safety option so that it applies more broadly to
all requirements in parts 420, 431, 435, and 437 in chapter III. The
waiver process can sometimes be more time-consuming than pursuing an
equivalent level of safety determination. The NPRM also proposed
clarifying that the equivalent level of safety provision for FAA pilot
certificates applicable to remote operators in part 460 should also be
applicable to all pilots under part 460.
Expanding the equivalent level of safety option is expected to
reduce paperwork burdens without negatively impacting safety. To
utilize the option applicants must demonstrate that they are achieving
a level of safety equivalent to any safety parameters specified in the
regulations. The FAA will evaluate every request for an alternative
means of regulatory compliance under the equivalent level of safety
provisions to ensure that the safety of the public, property, or any
national security or foreign policy interest of the United States is
maintained to be consistent with the requirements in chapter III of
Title 14 of the Code of Federal Regulations.
This final rule adopts the proposed expansion of the equivalent
level of safety option without change. In addition to previously
available opportunities to pursue an equivalent level of safety,
applicants will now have the option to pursue an equivalent level of
safety option for each requirement of parts 420 (License To Operate A
Launch Site), 431 (Launch And Reentry Of A Reusable Launch Vehicle),
435 (Reentry Of A Reentry Vehicle Other Than A Reusable Launch
Vehicle), and 437 (Experimental Permits). The equivalent level of
safety determination by the FAA will be included as part of any license
or permit issued applying this provision.
The title of part 405 was ``Investigations and Enforcement.''
However, part 405 does not relate to investigations. To avoid
confusion, the FAA proposed to revise the title of part 405 to a title
more descriptive of its contents, namely, ``Compliance and
Enforcement.'' This final rule adopts the change as proposed.
In addition to the proposed changes to chapter III, the June 2016
NPRM proposed minor changes to part 11 of chapter I to add a cross
reference to part 404's commercial space transportation waivers; make
minor editorial changes and clarify that formal standing advisory
committees comply with the Federal Advisory Committee Act (FACA); and,
include the correct internet link to information relevant to filing
petitions. This final rule adopts the proposed changes, except for
minor clarifications discussed under the ``Discussion of Public
Comments'' section of this preamble.
III. Discussion of Public Comments
The FAA received comments from two entities, the Aeronautical
Repair Station Association (ARSA) and Space Exploration Technologies
Corporation (SpaceX). In general, the commenters supported the proposed
amendments, with SpaceX fully supporting the rule. ARSA suggested minor
changes to the proposed regulatory text. After carefully considering
ARSA's comments, the FAA generally adopts the provisions as proposed,
but makes the two minor changes discussed below.
ARSA recommended that the Web address referenced in proposed Sec.
11.63 (https://www.faa.gov/regulations_policies/) be changed to one less
likely to change over time. The FAA agrees and in the final rule
changed the Web address to https://www.faa.gov, which is a top-level Web
domain that is not likely to change. The FAA also added language
stating that the user should then navigate to the ``Rulemaking'' home
page.
ARSA further recommended that the FAA not cite specific examples
(i.e., the Aviation Rulemaking Advisory Committee (ARAC) and the
Commercial Space Transportation Advisory Committee (COMSTAC)) of
standing advisory committees in proposed Sec. 11.27, as doing so might
be interpreted as excluding or limiting other types of committees from
which the FAA receives rulemaking recommendations. ARSA argued that
when another advisory committee is created, rulemaking would again be
necessary.
[[Page 28532]]
The FAA carefully considered ARSA's suggested change, and
determined that the language unambiguously conveys that the FAA may
convene a variety of advisory committees of which ARAC and COMSTAC are
examples. Indeed, the existing regulation already contains a reference
to ARAC, which has not caused confusion or required the FAA to amend
Sec. 11.27 when additional types of advisory committees are used to
obtain rulemaking recommendations. That being said, the FAA has opted
to remove the proposed change. As such, the existing language in Sec.
11.27 will remain unchanged.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
This rule will streamline and improve commercial space
transportation regulations' general rulemaking and petition procedures.
It will do this by updating the rule language to reflect current
practice; reorganizing it for clarity and flow; and allowing
petitioners to file their petitions to the FAA's Office of Commercial
Space Transportation electronically. In addition, this rule will expand
the option to satisfy commercial space transportation requirements by
demonstrating an equivalent level of safety. These changes are
necessary to ensure the regulations are current, accurate, and not
unnecessarily burdensome.
As this rule will streamline and clarify FAA rulemaking procedures,
codify current practice and expand options to demonstrate an equivalent
level of safety possibly leading to fewer waiver requests, the expected
outcome will have only a minor cost savings impact. Therefore, the FAA
concludes this final rule will result in minimal costs and a regulatory
evaluation was not prepared. This conclusion is further bolstered by
the fact that the FAA received no comments on this minimal cost
determination.
FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule is expected to have an effect on States, local
governments, large entities such as Boeing and a significant number of
small entities such as Scaled Composites, LLC, Masten Space Systems,
XCOR Aerospace, Escape Dynamics, and Space Information Laboratories.
As this rule will streamline and clarify FAA rulemaking procedures,
codify current practice and expand options to demonstrate an equivalent
level of safety, the expected outcome will have only minor cost savings
impact on any small entity affected by this rulemaking action.
Therefore, the FAA concludes the rule will have only a minimal economic
cost. This conclusion is further bolstered by the fact that the FAA
received no comments on this minimal cost determination.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this rule and determined that it would
impose the
[[Page 28533]]
same costs on domestic and international entities and thus has a
neutral trade impact.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million.
This rule does not contain such a mandate; therefore, the
requirements of Title II of the Unfunded Mandates Reform Act do not
apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
C. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
This final rule is considered an E.O. 13771 deregulatory action.
The FAA expects minor cost savings that cannot be quantified. The rule
streamlines and improves commercial space transportation regulations'
general rulemaking and petition procedures. These changes should make
it easier to read and understand the regulations, and lead to minimal
cost savings that are not quantifiable. The rule also allows
petitioners to file their petitions to the FAA's Office of Commercial
Space Transportation electronically. This could save minimal costs over
mailing petitions. Finally, the rule expands the options to demonstrate
an equivalent level of safety. This would also reduce the number of
waivers that have to be approved. These cost savings are expected to be
minimal and not quantifiable, as we don't know the effect of having
acceptance of the equivalent level of safety approach earlier in the
process than the alternative of requesting a waiver later in the
process. We also don't know how often a petitioner will choose to
demonstrate an alternative level of safety as opposed to requesting a
waiver.
VI. How To Obtain Additional Information
A. Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the internet--
1. Search the Federal eRulemaking Portal (https://www.regulations.gov);
2. Visit the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's web page at https://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9680.
B. Comments Submitted to the Docket
Comments received may be viewed by going to https://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
C. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
14 CFR Part 404
Administrative practice and procedure, Space transportation and
exploration.
14 CFR Part 405
Investigations, Penalties, Space transportation and exploration.
14 CFR Part 420
Environmental protection, Reporting and recordkeeping requirements,
Space transportation and exploration.
14 CFR Part 431
Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.
14 CFR Part 435
Aviation safety, Environmental protection, Investigations,
Reporting
[[Page 28534]]
and recordkeeping requirements, Space transportation and exploration.
14 CFR Part 437
Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Space transportation and exploration.
14 CFR Part 460
Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Space transportation and exploration.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends chapters I and III of title 14, Code of Federal
Regulations as follows:
PART 11--GENERAL RULEMAKING PROCEDURES
0
1. The authority citation for part 11 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40109, 40113, 44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C.
50901-50923.
0
2. Revise Sec. 11.15 to read as follows:
Sec. 11.15 What is a petition for exemption?
A petition for exemption is a request to the FAA by an individual
or entity asking for relief from the requirements of a current
regulation. For petitions for waiver of commercial space transportation
regulations, see part 404 of this title.
0
3. Amend Sec. 11.63 by revising paragraph (a)(1) to read as follows:
Sec. 11.63 How and to whom do I submit my petition for rulemaking or
petition for exemption?
(a) * * *
(1) By electronic submission, submit your petition for rulemaking
or exemption to the FAA through the internet at https://www.regulations.gov, the Federal Docket Management System website. For
additional instructions, you may visit https://www.faa.gov, and navigate
to the Rulemaking home page.
* * * * *
PART 404--PETITION AND RULEMAKING PROCEDURES
0
4. The authority citation for part 404 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
5. The heading of part 404 is revised to read as set forth above.
0
6. Remove the headings of subparts A and B.
0
7. Revise Sec. 404.1 to read as follows:
Sec. 404.1 Scope.
This part establishes procedures for issuing regulations and for
filing a petition for waiver or petition for rulemaking to the
Associate Administrator for Commercial Space Transportation.
0
8. Amend Sec. 404.3 by revising the section heading and paragraphs
(a)(3), (b), (c), (d), and adding new paragraphs (e), (f), and (g) to
read as follows:
Sec. 404.3 General.
(a) * * *
(3) Waive the requirement for a license, except as provided in
Sec. 404.7(b).
(b) A petition filed under this section may request, under Sec.
413.9 of this chapter, that the Associate Administrator withhold
certain trade secrets or proprietary commercial or financial data from
public disclosure.
(c) Each petitioner filing under this section must:
(1) For electronic submission, send one copy of the petition by
email to the Office of Commercial Space Transportation at
[email protected]; or
(2) For paper submission, send one copy of the petition to the
Office of Commercial Space Transportation, Federal Aviation
Administration, 800 Independence Avenue SW, Room 331, Washington, DC
20591.
(d) Each petition filed under this section must include the
petitioner's name, mailing address, telephone number and any other
contact information, such as an email address or a fax number.
(e) Notification. When the Associate Administrator determines that
a petition should be granted or denied, the Associate Administrator
notifies the petitioner of the Associate Administrator's action and the
reasons supporting the action.
(f) Reconsideration. Any person may petition the FAA to reconsider
a denial of a petition the person filed. The petitioner must send a
request for reconsideration within 60 days after being notified of the
denial to the same address to which the original petition was filed.
For the FAA to accept the reconsideration request, the petitioner must
show--
(1) There is a significant additional fact and the reason it was
not included in the original petition;
(2) The FAA made an important factual error in its denial of the
original petition; or
(3) The denial is not in accordance with the applicable law and
regulations.
(g) Public hearing. No public hearing, argument or other proceeding
is held on a petition before its disposition under this section.
0
9. Revise Sec. 404.5 to read as follows:
Sec. 404.5 Filing a petition for waiver.
A petition for waiver must be submitted at least 60 days before the
proposed effective date of the waiver unless the petitioner shows good
cause for later submission in the petition, and the petition for waiver
must--
(a) Include the specific section or sections of 14 CFR chapter III
from which the petitioner seeks relief;
(b) Include the extent of the relief sought and the reason the
relief is being sought;
(c) Include any facts, views, and data available to the petitioner
to support the waiver request; and
(d) Show why granting the request for relief is in the public
interest and will not jeopardize the public health and safety, safety
of property, and national security and foreign policy interests of the
United States.
0
10. Add Sec. 404.7 to read as follows:
Sec. 404.7 Action on a petition for waiver.
(a) Grant of waiver. The Associate Administrator may grant a
waiver, except as provided in paragraph (b) of this section, if the
Associate Administrator determines that the waiver is in the public
interest and will not jeopardize public health and safety, the safety
of property, or any national security or foreign policy interest of the
United States.
(b) Waiver ineligibility. The FAA may not grant a waiver that would
permit the launch or reentry of a launch vehicle or a reentry vehicle
without a license or permit if a human being will be on board.
(c) Denial of waiver. If the Associate Administrator determines
that the petition does not justify granting a waiver, the Associate
Administrator denies the petition.
0
11. Add Sec. 404.9 to read as follows:
Sec. 404.9 Filing a petition for rulemaking.
A petition for rulemaking filed under this part must be made in
accordance with 14 CFR 11.71.
0
12. Revise Sec. 404.11 to read as follows:
Sec. 404.11 Action on a petition for rulemaking.
The FAA will process petitions for rulemaking under this part in
accordance with 14 CFR 11.73.
0
13. Revise Sec. 404.13 to read as follows:
Sec. 404.13 Rulemaking.
(a) The FAA's rulemaking procedures are located in subpart A of
part 11 of this title, under the General, Written
[[Page 28535]]
Comments, and Public Meetings and Other Proceedings headings.
(b) In addition to the rulemaking procedures referenced in
paragraph (a) of this section, the provisions of Sec. Sec. 404.17 and
404.19 also apply.
Sec. 404.15 [Removed and Reserved]
0
14. Remove and reserve Sec. 404.15.
PART 405--COMPLIANCE AND ENFORCEMENT
0
15. The authority citation for part 405 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
16. The heading of part 405 is revised to read as set forth above.
PART 420--LICENSE TO OPERATE A LAUNCH SITE
0
17. The authority citation for part 420 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
18. Revise Sec. 420.1 to read as follows:
Sec. 420.1 General.
(a) Scope. This part prescribes the information and demonstrations
that must be provided to the FAA as part of a license application, the
bases for license approval, license terms and conditions, and post-
licensing requirements with which a licensee shall comply to remain
licensed. Requirements for preparing a license application are
contained in part 413 of this subchapter.
(b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
0
19. Amend Sec. 420.23 by revising paragraphs (a)(3), (b)(4), and
(c)(2), and removing paragraph (c)(3) to read as follows:
Sec. 420.23 Launch site location review-- flight corridor.
(a) * * *
(3) Uses one of the methodologies provided in appendix A or B of
this part.
(b) * * *
(4) Uses one of the methodologies provided in appendix A or B to
this part.
(c) * * *
(2) An applicant shall base its analysis on an unguided suborbital
launch vehicle whose final launch vehicle stage apogee represents the
intended use of the launch point.
* * * * *
0
20. Amend Sec. 420.25 by revising paragraph (a) to read as follows:
Sec. 420.25 Launch site location review--risk analysis.
(a) If a flight corridor or impact dispersion area defined by Sec.
420.23 contains a populated area, the applicant shall estimate the
casualty expectation associated with the flight corridor or impact
dispersion area. An applicant shall use the methodology provided in
appendix C to this part for guided orbital or suborbital expendable
launch vehicles and appendix D for unguided suborbital launch vehicles.
* * * * *
PART 431--LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV)
0
21. The authority citation for part 431 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
22. Revise Sec. 431.1 to read as follows:
Sec. 431.1 General.
(a) Scope. This part prescribes requirements for obtaining a
reusable launch vehicle (RLV) mission license and post-licensing
requirements with which a licensee must comply to remain licensed.
Requirements for preparing a license application are contained in part
413 of this subchapter.
(b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
PART 435--REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH
VEHICLE (RLV)
0
23. The authority citation for part 435 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
24. Revise Sec. 435.1 to read as follows:
Sec. 435.1 General.
(a) Scope. This part prescribes requirements for obtaining a
license to reenter a reentry vehicle other than a reusable launch
vehicle (RLV), and postlicensing requirements with which a licensee
must comply to remain licensed. Requirements for preparing a license
application are contained in part 413 of this subchapter.
(b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
PART 437--EXPERIMENTAL PERMITS
0
25. The authority citation for part 437 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
26. Revise Sec. 437.1 to read as follows:
Sec. 437.1 Scope and organization of this part.
(a) Scope. This part prescribes requirements for obtaining an
experimental permit. It also prescribes post-permitting requirements
with which a permittee must comply to maintain its permit. Part 413 of
this subchapter contains procedures for applying for an experimental
permit.
(b) Equivalent level of safety. Each requirement of this part
applies unless the applicant or permittee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
(c) Organization of this part. Subpart A contains general
information about an experimental permit. Subpart B contains
requirements to obtain an experimental permit. Subpart C contains the
safety requirements with which a permittee must comply while conducting
permitted activities. Subpart D contains terms and conditions of an
experimental permit.
0
27. Amend Sec. 437.65 by revising paragraph (b) to read as follows:
Sec. 437.65 Collision avoidance analysis.
* * * * *
(b) The collision avoidance analysis must establish each period
during which a permittee may not initiate flight to ensure that a
permitted vehicle and any jettisoned components do not pass closer than
200 kilometers to a manned or mannable orbital object.
PART 460--HUMAN SPACE FLIGHT REQUIREMENTS
0
28. The authority citation for part 460 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
29. Amend Sec. 460.5 by revising paragraph (d) to read as follows:
Sec. 460.5 Crew qualifications and training.
* * * * *
(d) A pilot or a remote operator may demonstrate an equivalent
level of safety to paragraph (c)(1) of this section through the license
or permit process.
* * * * *
[[Page 28536]]
Issued in Washington, DC, on June 6, 2018.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2018-13177 Filed 6-19-18; 8:45 am]
BILLING CODE 4910-13-P
