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Safety Approvals
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Rules and Regulations]
[Page 46847-46856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au06-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 413 and 414
[Docket No.: FAA-FAA-2005-21332; Amendment Nos. 413-6 and 414-1]
RIN 2120-AI50
Safety Approvals
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends commercial space transportation regulations
by adding procedures for obtaining a safety approval for a safety
element. Also, this action adds procedures for including a safety
approval in a license application. Once the FAA issues a safety
approval, the holder could offer the approved safety element to
prospective launch and reentry operators for use within a defined and
proven envelope. Those operators would not need added FAA approval of
that portion of their license application. The decision to apply for a
safety approval is voluntary. The intent of this action is to facilitate
the launch and reentry license application and approval processes.
DATES: This amendment becomes effective September 14, 2006.
FOR FURTHER INFORMATION CONTACT: For questions about the safety
approval process, you may contact either of the following persons:
? Charles P. Brinkman, Licensing and Safety Division (AST-
200), FAA, Associate Administrator for Commercial Space Transportation,
Room 331, 800 Independence Avenue, SW., Washington, DC 20591; telephone
(202) 267-7715; or
? Gary Michel, Office of the Chief Counsel (AGC-200), FAA,
Room 915, 800 Independence Avenue, SW., Washington, DC 20591; telephone
(202) 267-3148.
For questions about technical standards, you may contact Jim
Kabbara, Systems Engineering and Training Division (AST-300), FAA,
Associate Administrator for Commercial Space Transportation, Room 331,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202)
267-8379.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search);
(2) Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at
http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted for an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
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. If you are a small entity and you have a question about
this document, you may contact the local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at
http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
Authority for This Rulemaking
The Commercial Space Launch Act of 1984, as codified and amended at
49 U.S.C. Subtitle IX-Commercial Space Transportation, ch. 701,
Commercial Space Launch Activities, 49 U.S.C. 70101-70121 (the Act),
authorizes the Department of Transportation and 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 United States citizens or within the United States.\1\
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.\2\ The FAA is also
responsible for encouraging, facilitating, and promoting commercial
space launches by the private sector.\3\
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\1\ 49 U.S.C. 70104, 70105.
\2\ 49 U.S.C. 70105.
\3\ 49 U.S.C. 70103.
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Authority for this particular rulemaking is derived from section
70105(a)(2) of the Act, which states the Secretary may establish
procedures for safety approval of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel for use in conducting
licensed commercial space launch or reentry activities.\4\ The 2004
amendments to the Act provided details regarding safety approvals for
personnel to include explicit approval procedures for the purpose of
protecting the health and safety of crews and space flight participants.\5\
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\4\ See Commercial Space Act of 1998, Public Law 105-303.
\5\ See Commercial Space Launch Amendments Act of 2004, Public
Law 108-492.
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Background
Under the authority derived from the Act, on June 1, 2005, the FAA
published the notice of proposed rulemaking (NPRM), ``Safety Approvals;
Proposed Rule'' (70 FR 32192). This final rule adopts the provisions in
that NPRM with some changes, which we describe later in this preamble.
It also responds to the comments to that proposed rule.
The nature of the commercial space transportation industry makes
safety approvals attractive to prospective
[[Page 46848]]
launch or reentry license \6\ applicants, launch and reentry vehicle
operators, and other industry representatives. Different operators
often use major components, parts, or services that could potentially
qualify for a safety approval on different launch vehicles. Personnel
involved in operational safety support such as telemetry, tracking, and
range safety may support multiple launch or reentry operators and could
also qualify for a safety approval.
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\6\ Commercial Space Launch Amendments Act of 2004
(70105a(i)(4)) states ``the issuance of a permit shall be considered
licensing.'' Therefore, when used in this regulation, the term
``license'' means any license or permit the FAA may issue under 14
CFR chapter III.
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Historically, the launch operator has borne the monetary risk of
proposing a new system, process, or service. Many launch operators have
not thought the benefits worth the cost to prove the safety of a new
safety element \7\ through the licensing process because of the small
number of launches. With the safety approval process in place, the risk
of approval is transferred to the prospective safety approval applicant
(i.e., the provider of the approved safety element). This optional
process opens the door to new providers that may want to offer these
safety elements for use in launch and reentry activities. The safety
approval allows for the potential use of an approved safety element on
more than one launch or reentry vehicle. Therefore, safety approvals
have the potential to make the industry more willing to adopt
innovative systems and processes because the cost of obtaining the
approval would be shared, rather than borne by a single launch operator.
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\7\ For purposes of 14 CFR part 414, a safety element is any one
of the following: launch vehicle, reentry vehicle, safety system,
process, service, or any identified component thereof; or qualified
and trained personnel, performing a process or function related to
license launch activities or vehicles.
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This rule may benefit the commercial space industry and the FAA by
streamlining the processes for reviewing and issuing launch and reentry
licenses. It will allow eligible persons to apply for a safety approval
for an eligible safety element that can be used as part of prospective
launch or reentry activities. A holder of a safety approval will be
able to offer the approved safety element to prospective launch or
reentry operators. Operators may include the approved element in their
part 413 licensing application with minimal added documentation. The
FAA may benefit from safety approvals because a portion of the
documentation and analysis necessary to make a licensing determination
on an application that includes such approvals will already have been
done as part of the safety approval process.
General Discussion of Rule
This regulation amends part 413 to incorporate procedures for
including a safety approval in an application for a launch or reentry
activity. It also establishes a new part 414, which includes the
requirements and procedures for voluntarily obtaining a safety approval
for the following safety elements: a launch vehicle, reentry vehicle,
safety system, process, service, or any identified component thereof,
or qualified and trained personnel.
This rule will enable launch and reentry vehicle operators to use
an approved safety element within the scope specified in the safety
approval without having to go through a re-examination of the element's
fitness and suitability for a particular launch or reentry proposal.
The approval allows these operators to rely on an approved element in
constructing a launch vehicle or in conducting a safe launch. Use of a
safety element for which a safety approval has been issued is not
required as part of the part 413 application process. The safety
approval, separate from any license, does not confer any authority to
conduct activities for which a license is required. The FAA will
evaluate the planned use of a safety approval for a proposed launch or
reentry activity to ensure that use of the safety approval does not
exceed its approved scope.
Where appropriate, the FAA will coordinate its review of
applications for safety approvals with other government agencies and
especially with the operators of Federal launch ranges. Currently, the
FAA works closely with the U.S. Air Force because most FAA-licensed
launches have occurred at ranges operated by the U.S. Air Force.
However, other Federal agencies may have an interest in a safety
element under consideration for a safety approval. The FAA expects to
consult with these agencies to minimize the possibility of a
discrepancy between its evaluation and any later evaluation by another
Federal agency.
Discussion of Comments
Three commenters provided multiple comments to the NPRM--Mr. Hugh
Q. Cook, commenting as a private citizen, Lockheed Martin Corporation
and International Launch Services (LMC/ILS), and Eric Miller of Central
Missouri State University. Each commenter expressed strong support for
the rule and each made recommendations for improvements. Most of the
comments were from Mr. Cook.
Safety Approval Definition
Mr. Cook suggested rewriting the definition of ``safety approval''
to remove ``circular reasoning.'' Also, he said the FAA's emphasis in
the preamble discussion that an approval is not a certification is an
unnecessary distinction. This is particularly true, he said, given the
U.S. space launch industry does not operate under a certification
regime; and the fundamentals of licensing versus certification places
responsibility for safe conduct of operations on the licensee.
The FAA agrees with Mr. Cook that the safety approval definition as
written in the proposed rule could be clearer, so we revised the final
rule version, accordingly. However, we do not agree that explaining the
distinction between an approval and a certification is unnecessary.
Although Mr. Cook is correct that the U.S. space industry does not
currently operate under a certification regime, new entrants,
particularly those proposing reusable launch vehicles that would
operate more like aircraft, are very likely to be familiar with the
aircraft certification process. Therefore, we believe it is important
to point out that a safety approval is not the equivalent of a
certification under a design standard. By making this distinction, the
FAA seeks to avoid any misunderstanding that an approval means
certification. Mr. Cook is also correct that the FAA's licensing regime
places responsibility for safe conduct of operations on the licensee.
However, we do not believe the distinction between an approval and a
certification in any way conflicts with this position. The distinction
simply reaffirms that a safety approval is limited to use within a
defined parameter.
Safety Approvals Are Voluntary
Mr. Eric Miller commented that the rule would be more effective in
ensuring public safety if the FAA makes the use of safety approvals
mandatory for all persons conducting space flights.
We do not agree that it is necessary to make the use of safety
approvals mandatory to increase the safety of space launches. This
regulation will make safety approvals available for use by prospective
launch and reentry operators. To conduct a launch or reentry activity,
these operators must apply for a license under 14 CFR chapter III. To
obtain a license under this chapter, applicants must demonstrate that
the prospective activities will not endanger public health and safety
and safety of property.
[[Page 46849]]
Eligibility
Mr. Cook said the statement in the NPRM regulatory text that
``anyone'' may apply for a safety approval is misleading and sets a
``frivolous tone.'' He recommended that we identify persons likely to
benefit from the regulation.
We appreciate Mr. Cook's concern. The intent of the NPRM language
under Sec. 414.9 was to convey that the restrictions that exist for
licensing do not apply to safety approval applicants. We placed the
specific eligibility requirements, including the persons who may be
eligible to apply for a safety approval, in proposed Sec. 414.15 (How
will the FAA determine whether something is eligible and suitable for a
safety approval?). We agree that placing these requirements in separate
sections may be misleading. Therefore, in the final rule, we placed
them in one section.\8\ In addition, we removed the statement that
``anyone may apply for a safety approval.''
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\8\ Sec. 414.7 (Eligibility).
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The Application Process
Mr. Cook said he found the statement that the FAA will incorporate
prior findings from a past licensing determination in issuing a new
license ``troubling'' because it implies that there is a different
process and a higher standard for a new applicant to obtain a safety
approval compared to a current licensee. Also, he believes this
statement implies the FAA will not do a thorough review of previously
approved parts, materials, and services, but will simply rubber-stamp
them as a part of the licensing process.
The FAA did not intend to convey the inferences Mr. Cook has drawn.
First, the process or standard for assessing and issuing a safety
approval is the same for a new applicant as for an existing licensee.
The statement that the FAA incorporates prior findings from a past
licensing determination recognizes current FAA practice. This statement
in no way means the FAA will automatically issue an approval for a
safety element because the element was previously approved as part of a
licensing process. As required by Sec. 414.11(c)(1) of this final
rule, all applicants must include in their application a Statement of
Conformance letter. This letter must describe the specific criteria
applicants used to demonstrate the adequacy of the safety element for
which they seek a safety approval. It must also show that the safety
element complies with the specific criteria. The FAA will review each
application according to the procedures in part 414, subpart C of this
final rule.
Mr. Cook said the FAA should not have commented on the
``comparative merits of the safety approval procedure vis-a-vis the
existing licensing procedure'' as the merits of the two should speak
for themselves.
We agree in part with Mr. Cook's comment that our discussion about
the applicant's responsibility for determining the value of seeking a
safety approval is not necessary. Perhaps we stated the obvious since
applying for a safety approval is strictly voluntary so it is unlikely
anyone would pursue one if it were not cost beneficial to do so.
However, we believe that determining the value of a safety approval
independent of the licensing process is an important enough point to
make as part of the discussion of the application process.
Mr. Cook suggested the FAA allow a corporation to authorize someone
other than an officer to certify a safety approval application.
The FAA agrees with Mr. Cook's comment. For license applications,
the FAA has found that the individuals who sign and certify license
applications are not typically officers of the corporation. Therefore,
we added a similar provision in this final rule under Sec.
414.11(d)(1) to allow an individual authorized to act for the
corporation to sign and certify the accuracy of a safety approval
application. In addition, in another rulemaking action, we proposed a
similar change to Sec. 413.7(c)(1) \9\ to also allow an individual
authorized to act for the corporation to sign and certify license
applications.
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\9\ ``Experimental Permits for Reusable Suborbital Rockets''
Notice of proposed rulemaking (70 FR 16251, March 31, 2006).
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Timeframe for Application Review
Mr. Cook suggested a goal of 30 days for the FAA to review and make
a determination on a substantially complete application.
The FAA disagrees with Mr. Cook's comment that there should be a
30-day review period for safety approval applications. Until industry
and the FAA gain experience with filing and processing these
applications, it would not be prudent for us to consider setting a
specific time frame for our review. Also, we do not believe that having
a set review period for all applications without first considering the
level of complexity for each is the most practical approach. Instead,
the FAA and the applicant will discuss what is a reasonable time frame
to complete review of a specific application during the pre-application
consultation. The Act gives the FAA up to 180 days to make a licensing
determination after receipt of an application. We believe making a
safety approval determination could take this much time.
Technical Criteria for Issuing a Safety Approval
The rule includes a hierarchy of technical criteria for reviewing a
safety approval. One such criterion in proposed Sec. 414.27(b) is
``government-developed or adopted standards.'' Mr. Cook suggested
revising this section to read, ``Government-developed or adopted
standards, including approved tailoring applicable to a specific
application for safety approval.'' He also suggested we define
``approved tailoring'' to include the necessity of publishing the
details of the tailoring in an accessible form.
We appreciate Mr. Cook's suggestions; however, we do not believe a
change to the rule is necessary. As written, the rule lists specific
technical criteria \10\ the FAA will use to make a safety approval
determination. The criteria include government-developed or adopted
standards and applicant developed standards, which are variations of
tailored standards. Also, the rule requires applicants to allow the FAA
to make their proposed safety approval criteria available to the public
as part of the approval process.
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\10\ See 414.27(d) in the proposed rule and 414.19(a) in the
final rule.
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Lockheed Martin Corporation and International Launch Services (LMC/
ILS), commenting together, had a recommendation related to the
statement in proposed Sec. 414.27 that reads, ``You must agree to
allow the FAA to make proposed safety approval criteria available to
the public as part of the approval process.'' LMC/ILS asserted that
this statement would require the applicant to waive the customary
protections associated with proprietary or otherwise sensitive
information. They recommended revising the rule language to allow
individual determinations on whether the FAA will make proposed safety
approval criteria public and allow applicants to withdraw their
application to avoid public release of their approval criteria.
The FAA does not agree with LMC/ILS's assertion. In the section-by-
section discussion under proposed Sec. 414.19 (How can I assure
confidentiality of the information I submit on a safety approval
application?), the FAA states, ``Do not propose standards that you
[[Page 46850]]
consider secret, proprietary, and confidential.'' In the regulatory
text itself, the FAA states, ``If the proposed criteria for evaluating
a safety approval is secret, as classified by the U.S. Government, or
the applicant wants it to remain proprietary or confidential, it cannot
be used as a basis for the issuance of a safety approval.'' \11\
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\11\ See Sec. 414.19(e) of the NPRM and Sec. 414.13
(Confidentiality) of this final rule.
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The FAA intends, as part of our on-going dialogue with the
applicant, to discuss the criteria that would appear in the public
record. Because the goal would be for the criteria to be performance-
based, to the greatest extent possible, the FAA does not believe that
safety approval applicants would need to waive protections in order to
obtain a safety approval. The FAA believes it is essential to make
public the basis for issuance of a safety approval. We also believe the
right of the applicant to withdraw an application is implicit. However,
stating this right in the regulations will avoid any confusion. Hence,
in the final rule under Sec. 414.15(d), we added the right of the
applicant to withdraw the application before we make a final determination.
Terms and Conditions of a Safety Approval
Mr. Cook commented that the FAA introduced an important new term in
the preamble discussion, ``scope of the demonstration.'' He noted that
in the regulatory text, we modified this term to ``scope of the safety
demonstration.'' Further, he said in other rulemakings the FAA
established an equivalent definition of ``demonstration'' to the
aerospace industry's definition of ``verification.'' He requested that
the FAA define what we mean by the term ``scope of the (safety)
demonstration.''
The FAA believes the regulation as written makes clear what is
meant by ``scope of demonstration.'' In the NPRM preamble discussion
under the heading ``How do I prepare an application?'', we explain that
the scope of the safety approval would be based on the scope of the
safety demonstration. The demonstration might consist of analysis,
testing, actual use, observation, physical inspection, simulation,
historical data, or other means of verifying performance. Different
means of demonstration might be used for a safety approval of a design
of a system than for a safety approval for personnel to perform a
particular safety task.
In the NPRM preamble discussion, we give a specific example of what
we mean by ``the scope of the demonstration.'' The example reads as
follows: for a radar tracking system integral to range safety, you
might demonstrate the ability of the radar to track launch vehicles as
a function of radar cross section, vehicle velocity, acceleration, and
trajectory along with notable ambient effects, such as weather
conditions. The demonstration and, therefore, the scope of the
applicability of the safety approval would not be specific to a
particular vehicle.
In another comment Mr. Cook said the statutory authority would not
agree with the FAA's statement that a safety approval has no meaning
independent of its use in facilitating the FAA licensing process. He
said he believes the safety approval rulemaking ``has profound meaning
in the context of 'facilitate and promote'.''
We do not agree with Mr. Cook that the statutory authority intends
for a safety approval to have meaning independent of the licensing
process. Section 70105(a)(2) of the Act states ``* * * the Secretary
may establish procedures for safety approvals of launch vehicles,
reentry vehicles, * * * that may be used in conducting licensed
commercial space launch or reentry activities.'' In other words, the
intent of the statute is to make safety approvals available to
facilitate the licensing process, not as an independent service. We do
agree, however, that the Act encourages (i.e., facilitates and
promotes) private sector launches, reentries, and associated services,
which includes safety approvals.
Modification, Suspension, Revocation of a Safety Approval
In reference to proposed Sec. 414.39, Mr. Cook raised the
following two questions: (1) Who is responsible for alerting a launch
operator that is affected by the revocation of a safety approval? (2)
What is the effect on a launch license that is issued based on a
licensing determination that relies on a revoked safety approval?
In response to the first question, the FAA does not believe it is
necessary to include in the regulations that the licensee will be
notified if we modify, suspend, or revoke a safety approval. This final
rule contains the procedures for inclusion of a safety approval in a
license application. Therefore, the FAA will know which of our
licensees is using which safety approval(s). As a result, we will be
able to make any necessary notifications to the affected licensee.
With regard to the second question, a revocation may or may not
affect an existing license. In his comments on the regulatory text, Mr.
Cook suggested licensees be afforded the opportunity to amend their
license applications to demonstrate that the safety approval action
taken under this section does not have a material effect on public
safety or the safety of property. As we explained in the preamble to
the proposed rule, the FAA would afford licensees such an opportunity
unless an immediate threat to public health and safety or the safety of
property requires more immediate action, including a license
suspension. We do not believe the addition of regulatory text stating
this adds any value. Because of the sporadic nature of launches, in
many instances the FAA could work with the affected licensee to resolve
any issues. However, as discussed in the section-by-section analysis in
the proposed rule, if an immediate threat to public health and safety
or safety of property presented itself as a result of an issue
regarding a safety approval, the FAA might need to suspend a license to
prevent a potentially dangerous launch or reentry.
Changes to the NPRM
We made substantial formatting changes to the regulatory text. Our
intent is to further clarify the regulations and make them more
concise, not change their intent. First, we changed the question and
answer format of the section headings to regular headings that are more
reflective of the section content. For example, Sec. 414.1 in the NPRM
is titled ``What is the basis and scope of this rule?''. We changed
this section heading to ``Scope'' in the final rule. Second, in some
instances we moved text into different sections under more appropriate
headings and combined text from multiple sections under a single
heading. For example, we moved text from proposed Sec. 414.15 (How
will the FAA determine whether something is eligible and suitable for a
safety approval?) to two separate sections of the final rule. That is,
we placed the specific requirements in proposed Sec. 414.15 related to
determining eligibility under ``Eligibility'' (Sec. 414.7) in the
final rule. However, we moved the requirements in proposed Sec.
414.15(e) about the criteria for the FAA's evaluation of a safety
approval application to Sec. 414.19 (Technical criteria for reviewing
a safety approval application) in the final rule.
In the NPRM when we refer to safety elements that are eligible for
a safety approval, we list each of the elements (launch vehicle,
reentry vehicle, safety system, process, service, or any identified
component thereof, or qualified and trained personnel). Since we
recognize that these elements are the
[[Page 46851]]
only ones eligible for a safety approval, in the final rule we define
the term ``safety element'' to mean any one of these elements.\12\
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\12\ See Sec. 414.3 (Definitions) in the final rule.
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Under proposed Sec. 414.31 (How would a license applicant
incorporate a safety approval into a launch or reentry license
application?), we inadvertently placed some requirements related to
part 413 applicants in part 414. While we state in proposed Sec.
414.31 that these requirements apply to part 413 applicants, we should
have amended part 413 to include these requirements. This final rule
corrects this oversight by amending the license application procedures
in Sec. 413.7 to add paragraph (d). This new paragraph includes the same
requirements for part 413 applicants that are in proposed Sec. 414.31.
In addition to these changes and as indicated under the
``Discussion of Comments'' heading, we made a few changes recommended
by commenters. First, we added a provision that allows authorized
individuals to sign and certify safety approval applications. Second,
we added a provision, which states the applicant may withdraw the
safety approval application before we make a final determination.
Paperwork Reduction Act
Information collection requirements associated with this final rule
have been approved previously by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), and have been assigned OMB Control Numbers 2120-0608
and 2120-0643. These prior approvals are applicable because this final
rule merely permits consideration of a portion of the activity covered
by the cited documents. In other words, a part of the information
required for FAA-licensed activity is collected for the safety approval
and does not need to be collected again as part of the license application.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
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 proposed regulations.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and the benefits of a regulatory change.
We are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify the costs. Our assessment of this rulemaking indicates that its
economic impact is minimal because safety approvals under the
rulemaking action are not mandatory so there would be no costs imposed
on industry. The FAA anticipates that launch license applicants would
only pursue a safety approval if they believe they can save money by
using a safety approval. If not, they would continue to obtain approval
through the licensing determination. The final rule might result in
slight costs to the government, but more likely it will result in
government cost savings.
Because the costs and benefits of this action do not make it a
``significant regulatory action'' as defined in the Order, we have not
prepared a ``regulatory evaluation,'' which is the written cost/benefit
analysis ordinarily required for all rulemakings under the DOT
Regulatory Policies and Procedures. We do not need to do a full
evaluation where the economic impact of a rule is minimal.
Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs 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, this Trade Act requires agencies to consider
international standards and, where appropriate, to be the basis of U.S.
standards. Fourth, the Unfunded Mandate 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 a base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
The 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 proposal
does not warrant a full evaluation, this order permits a statement to
that effect. The basis for the minimal impact must 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 that determination follows.
The 1998 amendments to the Commercial Space Launch Act of 1984
added authority for establishing procedures for ``safety approvals'' of
launch vehicles, reentry vehicles, safety systems, processes, services,
or personnel that may be used in conducting licensed commercial space
launch or reentry activities. (See Commercial Space Act of 1998, Pub.
L. 105-303.) This rulemaking will establish those procedures. The rule
will enable license applicants to use safety-approved elements for
proposed launch or reentry activities without having to resubmit
certain information. The existence of a safety approval could
streamline the licensing process. The final rule defines the
requirements for obtaining these voluntary safety approvals.
A key element of the final rule is that the safety approvals are
strictly elective. A safety approval will enable the U.S. commercial
space transportation industry to select ``approved'' systems,
processes, services, and personnel, possibly reducing the information
required for a license application. Because safety approvals under the
final rulemaking are not mandatory, the FAA anticipates that applicants
will only pursue a safety approval if they believe the benefits
outweigh the costs.
The final rule does not impose any costs on the license applicant,
because the applicant is free to continue to obtain approval through
the licensing determination. There might even be cost savings to
license applicants because the cost of using safety-approved elements
could be less than the cost the licensee might incur in seeking
approval directly through the licensing determination. This is because
a safety approval could be used for multiple launch licenses without
added FAA
[[Page 46852]]
approval of that portion of the license application other than an
evaluation of its intended use relative to the proposed activity.
The final rule might result in additional cost to the Federal
government. This might occur if a company obtains a safety approval
from the FAA, but does not use it. In this case, the FAA will have
spent the time for naught in issuing the safety approval. The FAA
expects this to be unlikely, as companies will not seek to obtain
safety approvals unless the likelihood of selling their approved
product to a licensee is very high.
On the other hand, the final rule might result in cost savings to
the government. If the safety approval is used for several licenses,
then the FAA could apply findings related to safety approvals to
different license applicants that propose to use the approved element.
In view of the possible minor additional cost to the Federal
government and the anticipated benefits of the rule, the FAA has
determined that this rule is cost-justified. Since seeking a safety
approval and using it as a part of a launch or reentry activity is
voluntary, the expected outcome will be a minimal impact with positive
net benefits, and a regulatory evaluation was not prepared.
The FAA has, therefore, determined 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.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
consider flexible regulatory proposals, to explain the rationale for
their actions, and to solicit comments. 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 proposed or
final 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 proposed or final 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.
The final rule does not impose costs on industry because it
establishes a wholly voluntary process as an alternative to a part of
the current licensing process.
Therefore, as the FAA Administrator, I certify that this rulemaking
action will not have a significant economic impact on a substantial
number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. 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 has determined that since it will not
impose standards on industry and because it establishes a wholly
voluntary program, it will not create an unnecessary obstacle to the
foreign commerce of the United States.
Unfunded Mandates Assessment
Title II of the Unfunded Mandate Reform Act of 1995 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 (adjusted annually for
inflation with a base year of 1995) in any one year by State, local,
and tribal governments, in the aggregate, or by the private sector;
such a mandate is deemed a ``significant regulatory action.'' The FAA
currently uses an inflation-adjusted value of $128.1 million in lieu of
$100 million. This final rule does not contain such a mandate.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore will not have federalism implications.
Environmental Analysis
FAA Order 1050.1E 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 final rulemaking action qualifies for the categorical
exclusion identified in paragraph 308b and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects
14 CFR Part 413
Confidential business information, Space transportation and exploration.
14 CFR Part 414
Airspace, Aviation safety, Space transportation and exploration.
The Amendments
? In consideration of the foregoing, the Federal Aviation Administration
amends Chapter III of Title 14, Code of Federal Regulations, as follows:
PART 413--LICENSE APPLICATION PROCEDURES
? 1. The authority citation for part 413 continues to read as follows:
Authority: 49 U.S.C. 70101-70121. 1
? 2. Amend Sec. 413.7 to add paragraph (d) to read as follows:
Sec. 413.7 Application.
* * * * *
(d) Safety approval. If the applicant proposes to include a safety
element for which the FAA issued a safety approval under part 414 in
the proposed license activity, the applicant must--
[[Page 46853]]
(1) Identify the safety approval in the application and explain the
proposed use of the approved safety element.
(2) Show that the proposed use of the approved safety element is
consistent with the designated scope specified in the safety approval.
(3) Certify that the safety element will be used according to any
terms and conditions of the issued safety approval.
? 3. Add part 414 to read as follows:
PART 414--SAFETY APPROVALS
Subpart A--General
Sec.
414.1 Scope.
414.3 Definitions.
414.5 Applicability.
414.7 Eligibility.
Subpart B--Application Procedures
414.9 Pre-application consultation.
414.11 Application.
414.13 Confidentially.
414.15 Processing the initial application.
414.17 Maintaining the continued accuracy of the initial
application.
Subpart C--Safety Approval Review and Issuance
414.19 Technical criteria for reviewing a safety approval application.
414.21 Terms and conditions for issuing a safety approval; duration
of a safety approval.
414.23 Maintaining the continued accuracy of the safety approval
application.
414.25 Safety approval records.
414.27 Safety approval renewal.
414.29 Safety approval transfer.
414.31 Monitoring compliance with the terms and conditions of a
safety approval.
414.33 Modification, suspension, or revocation of a safety approval.
414.35 Public notification of the criteria by which a safety
approval was issued.
Subpart D--Appeal Procedures
414.37 Hearings in safety approval actions.
414.39 Submissions; oral presentations in safety approval actions.
414.41 Administrative law judge's recommended decision in safety
approval actions.
Authority: 49 U.S.C. 106(g), 40113, 44701.
Subpart A--General
Sec. 414.1 Scope.
This part establishes procedures for obtaining a safety approval
and renewing and transferring an existing safety approval. Safety
approvals issued under this part may be used to support the application
review for one or more launch or reentry license requests under other
parts of this chapter.
Sec. 414.3 Definitions.
Safety approval. For purposes of this part, a safety approval is an
FAA document containing the FAA determination that one or more of the
safety elements listed in paragraphs (1) and (2) of this definition,
when used or employed within a defined envelope, parameter, or
situation, will not jeopardize public health and safety or safety of
property. A safety approval may be issued independent of a license, and
it does not confer any authority to conduct activities for which a
license is required under 14 CFR Chapter III. A safety approval does
not relieve its holder of the duty to comply with all applicable
requirements of law or regulation that may apply to the holder's activities.
(1) Launch vehicle, reentry vehicle, safety system, process,
service, or any identified component thereof; or
(2) Qualified and trained personnel, performing a process or
function related to licensed launch activities or vehicles.
Safety Element. For purposes of this part, a safety element is any
one of the items or persons (personnel) listed in paragraphs (1) and
(2) of the definition of ``safety approval'' in this section.
Sec. 414.5 Applicability.
This part applies to an applicant that wants to obtain a safety
approval for any of the safety elements defined under this part and to
persons granted a safety approval under this part. Any person eligible
under this part may apply to become the holder of a safety approval.
Sec. 414.7 Eligibility.
(a) There is no citizenship requirement to obtain a safety approval.
(b) You may be eligible for a safety approval if you are--
(1) A manufacturer or designer of a launch or reentry vehicle or
component thereof;
(2) The designer or developer of a safety system or process; or
(3) Personnel who perform safety critical functions in conducting a
licensed launch or reentry.
(c) A safety approval applicant must have sufficient knowledge and
expertise to show that the design and operation of the safety element
for which safety approval is sought qualify for a safety approval.
(d) Only the safety elements defined under this part are eligible
for a safety approval.
Subpart B--Application Procedures
Sec. 414.9 Pre-application consultation.
The applicant must consult with the FAA before submitting an
application. Unless the applicant or the FAA requests another form of
consultation, consultation is oral discussion with the FAA about the
application process and the potential issues relevant to the FAA's
safety approval decision.
Sec. 414.11 Application.
(a) The application must be in writing, in English, and filed in
duplicate with the Federal Aviation Administration, Associate
Administrator for Commercial Space Transportation, 800 Independence
Avenue, SW., Washington, DC 20591.
(b) The application must identify the following basic information:
(1) Name and address of the applicant.
(2) Name, address, and telephone number of any person to whom
inquiries and correspondence should be directed.
(3) Safety element (i.e., launch vehicle, reentry vehicle, safety
system, process, service, or any identified component thereof; or
personnel) for which the applicant seeks a safety approval.
(c) The application must contain the following technical information:
(1) A Statement of Conformance letter, describing the specific
criteria the applicant used to show the adequacy of the safety element
for which a safety approval is sought, and showing how the safety
element complies with the specific criteria.
(2) The specific operating limits for which the safety approval is
sought.
(3) The following as applicable:
(i) Information and analyses required under this chapter that may
be applicable to demonstrating safe performance of the safety element
for which the safety approval is sought.
(ii) Engineering design and analyses that show the adequacy of the
proposed safety element for its intended use, such that the use in a
licensed launch or reentry will not jeopardize public health or safety
or the safety of property.
(iii) Relevant manufacturing processes.
(iv) Test and evaluation procedures.
(v) Test results.
(vi) Maintenance procedures.
(vii) Personnel qualifications and training procedures.
(d) The application must be in English, legibly signed, dated, and
certified as true, complete, and accurate by one of the following:
(1) For a corporation, an officer or other individual authorized to
act for the corporation in licensing or safety approval matters.
(2) For a partnership or a sole proprietorship, a general partner
or proprietor, respectively.
(3) For a joint venture, association, or other entity, an officer
or other
[[Page 46854]]
individual duly authorized to act for the joint venture, association,
or other entity in licensing matters.
(e) Failure to comply with any of the requirements set forth in this
section is sufficient basis for denial of a safety approval application.
Sec. 414.13 Confidentiality.
(a) To ensure confidentiality of data or information in the
application, the applicant must--
(1) Send a written request with the application that trade secrets
or proprietary commercial or financial data be treated as confidential,
and include in the request the specific time frame confidential
treatment is required.
(2) Mark data or information that require confidentiality with an
identifying legend, such as ``Proprietary Information,'' ``Proprietary
Commercial Information,'' ``Trade Secret,'' or ``Confidential Treatment
Requested.'' Where this marking proves impracticable, attach a cover
sheet that contains the identifying legend to the data or information
for which confidential treatment is sought.
(b) If the applicant requests confidential treatment for previously
submitted data or information, the FAA will honor that request to the
extent practicable in case of any prior distribution of the data or
information.
(c) Data or information for which confidential treatment is
requested or data or information that qualifies for exemption under
section 552(b)(4) of Title 5, U.S.C., will not be disclosed to the
public unless the Associate Administrator determines that withholding
the data or information is contrary to the public or national interest.
(d) If the proposed criteria for evaluating a safety approval is
secret, as classified by the U.S. Government, or the applicant wants it
to remain proprietary or confidential, it cannot be used as a basis for
issuance of a safety approval.
Sec. 414.15 Processing the initial application.
(a) The FAA will initially screen an application to determine if
the application is sufficiently complete to enable the FAA to initiate
the reviews or evaluations required under this part.
(b) After completing the initial screening, the FAA will inform the
applicant in writing of one of the following:
(1) The FAA accepts the application and will begin the reviews or
evaluations required for a safety approval determination under this part.
(2) The FAA rejects the application because it is incomplete or
indefinite making initiation of the reviews or evaluations required for
a safety approval determination under this part inappropriate.
(c) The written notice will state the reason(s) for rejection and
corrective actions necessary for the application to be accepted. The
FAA may return a rejected application to the applicant or may hold it
until the applicant provides more information.
(d) The applicant may withdraw, amend, or supplement an application
anytime before the FAA makes a final determination on the safety
approval application by making a written request to the Associate
Administrator. If the applicant amends or supplements the initial
application, the revised application must meet all the applicable
requirements under this part.
Sec. 414.17 Maintaining the continued accuracy of the initial application.
The applicant is responsible for the continuing accuracy and
completeness of information provided to the FAA as part of the safety
approval application. If at any time after submitting the application,
circumstances occur that cause the information to no longer be accurate
and complete in any material respect, the applicant must submit a
written statement to the Associate Administrator explaining the
circumstances and providing the new or corrected information. The
revised application must meet all requirements under Sec. 414.11.
Subpart C--Safety Approval Review and Issuance
Sec. 414.19 Technical criteria for reviewing a safety approval
application.
(a) The FAA will determine whether a safety element is eligible for
and may be issued a safety approval. We will base our determination on
performance-based criteria, against which we may assess the effect on
public health and safety and on safety of property, in the following
hierarchy:
(1) FAA or other appropriate Federal regulations.
(2) Government-developed or adopted standards.
(3) Industry consensus performance-based criteria or standard.
(4) Applicant-developed criteria. Applicant-developed criteria are
performance standards customized by the manufacturer that intends to
produce the system, system component, or part. The applicant-developed
criteria must define--
(i) Design and minimum performance;
(ii) Quality assurance system requirements;
(iii) Production acceptance test specifications; and
(iv) Continued operational safety monitoring system characteristics.
(b) The applicant must allow the FAA to make its proposed safety
approval criteria available to the public as part of the approval process.
Sec. 414.21 Terms and conditions for issuing a safety approval;
duration of a safety approval.
(a) The FAA will issue a safety approval to an applicant that meets
all the requirements under this part.
(b) The scope of the safety approval will be limited by the scope
of the safety demonstration contained in the application on which the
FAA based the decision to grant the safety approval.
(c) The FAA will determine specific terms and conditions of a
safety approval individually, limiting the safety approval to the scope
for which the safety-approved launch or reentry element was approved.
The terms and conditions will include reporting requirements tailored
to the individual safety approval.
(d) A safety approval is valid for five years and may be renewed.
(e) If the FAA denies the application, the applicant may correct
any deficiency the FAA identified and request a reconsideration of the
revised application. The applicant also has the right to appeal a
denial as set forth in subpart D of this part.
Sec. 414.23 Maintaining the continued accuracy of the safety approval
application.
(a) The holder of a safety approval must ensure the continued
accuracy and completeness of representations contained in the safety
approval application, on which the approval was issued, for the entire
term of the safety approval.
(b) If any representation contained in the application that is
material to public health and safety or safety of property ceases to be
accurate and complete, the safety approval holder must prepare and
submit a revised application according to Sec. 414.11 under this part.
The safety approval holder must point out any part of the safety
approval or the associated application that would be changed or
affected by a proposed modification. The FAA will review and make a
determination on the revised application under the terms of this part.
(c) If the FAA approves the revised application, the FAA will
provide written notice to the holder, stating the terms and conditions
to which the approval is subject.
[[Page 46855]]
Sec. 414.25 Safety approval records.
The holder of a safety approval must maintain all records necessary
to verify that the holder's activities are consistent with the
representations contained in the application for which the approval was
issued for the duration of the safety approval plus one year.
Sec. 414.27 Safety approval renewal.
(a) Eligibility. A holder of a safety approval may apply to renew
it by sending the FAA a written application at least 90 days before the
expiration date of the approval.
(b) Application. (1) A safety approval renewal application must
meet all the requirements under Sec. 414.11.
(2) The application may incorporate by reference information
provided as part of the application for the expiring safety approval or
any modification to that approval.
(3) Any proposed changes in the conduct of a safety element for
which the FAA has issued a safety approval must be described and must
include any added information necessary to support the fitness of the
proposed changes to meet the criteria upon which the FAA evaluated the
safety approval application.
(c) Review of application. The FAA conducts the reviews required
under this part to determine whether the safety approval may be
renewed. We may incorporate by reference any findings that are part of
the record for the expiring safety approval.
(d) Grant of safety approval renewal. If the FAA makes a favorable
safety approval determination, the FAA issues an order that amends the
expiration date of the safety approval or issues a new safety approval.
The FAA may impose added or revised terms and conditions necessary to
protect public health and safety and the safety of property.
(e) Written notice. The FAA will provide written notice to the
applicant of our determination on the safety approval renewal request.
(f) Denial of a safety approval renewal. If the FAA denies the
renewal application, the applicant may correct any deficiency the FAA
identified and request a reconsideration of the revised application.
The applicant also has the right to appeal a denial as set forth in
subpart D of this part.
Sec. 414.29 Safety approval transfer.
(a) Only the FAA may approve a transfer of a safety approval.
(b) Either the holder of a safety approval or the prospective
transferee may request a safety approval transfer.
(c) Both the holder and prospective transferee must agree to the
transfer.
(d) The person requesting the transfer must submit a safety
approval application according to Sec. 414.11, must meet the
applicable requirements of this part, and may incorporate by reference
relevant portions of the initial application.
(e) The FAA will approve a transfer of a safety approval only after
all the approvals and determinations required under this chapter for a
safety approval have been met. In conducting reviews and issuing
approvals and determinations, the FAA may incorporate by reference any
findings made part of the record to support the initial safety approval
determination. The FAA may modify the terms and conditions of a safety
approval to reflect any changes necessary because of a safety approval
transfer.
(f) The FAA will provide written notice to the person requesting
the safety approval transfer of our determination.
(g) If the FAA denies a transfer request, the applicant may correct
any deficiency the FAA identified and request a reconsideration of the
revised application. The applicant also has the right to appeal a
denial as set forth in subpart D of this part.
Sec. 414.31 Monitoring compliance with the terms and conditions of a
safety approval.
Each holder of a safety approval must allow access by, and
cooperate with, Federal officers or employees or other individuals
authorized by the Associate Administrator to inspect manufacturing,
production, testing, or assembly performed by a holder of a safety
approval or its contractor. The FAA may also inspect a safety approval
process or service, including training programs and personnel
qualifications.
Sec. 414.33 Modification, suspension, or revocation of a safety approval.
(a) The safety approval holder. The safety approval holder may
submit an application to the FAA to modify the terms and conditions of
the holder's safety approval. The application must meet all the
applicable requirements under this part. The FAA will review and make a
determination on the application using the same procedures under this
part applicable to an initial safety approval application. If the FAA
denies the request to modify a safety approval, the holder may correct
any deficiency the FAA identified and request reconsideration. The
holder also has the right to appeal a denial as set forth in subpart D
of this part.
(b) The FAA. If the FAA finds it is in the interest of public
health and safety, safety of property, or if the safety approval holder
fails to comply with any applicable requirements of this part, any
terms and conditions of the safety approval, or any other applicable
requirement, the FAA may--
(1) Modify the terms and conditions of the safety approval; or
(2) Suspend or revoke the safety approval.
(c) Effective Date. Unless otherwise stated by the FAA, any
modification, suspension, or revocation of a safety approval under
paragraph (b)--
(1) Takes effect immediately; and
(2) Continues in effect during any reconsideration or appeal of
such action under this part.
(d) Notification and Right to Appeal. If the FAA determines it is
necessary to modify, suspend, or revoke a safety approval, we will
notify the safety approval holder in writing. If the holder disagrees
with the FAA's determination, the holder may correct any deficiency the
FAA identified and request a reconsideration of the determination. The
applicant also has the right to appeal the determination as set forth
in subpart D of this part.
Sec. 414.35 Public notification of the criteria by which a safety
approval was issued.
For each grant of a safety approval, the FAA will publish in the
Federal Register a notice of the criteria that were used to evaluate
the safety approval application, and a description of the criteria.
Subpart D--Appeal Procedures
Sec. 414.37 Hearings in safety approval actions.
(a) The FAA will give the safety approval applicant or holder, as
appropriate, written notice stating the reason for issuing a denial or
for modifying, suspending, or revoking a safety approval under this part.
(b) A safety approval applicant or holder is entitled to a
determination on the record after an opportunity for a hearing.
(c) An administrative law judge will be designated to preside over
any hearing held under this part.
Sec. 414.39 Submissions; oral presentations in safety approval actions.
(a) Determinations in safety approval actions under this part will
be made on the basis of written submissions unless the administrative
law judge, on petition or on his or her own initiative, determines that
an oral presentation is required.
(b) Submissions must include a detailed exposition of the evidence
or arguments supporting the petition.
[[Page 46856]]
(c) Petitions must be filed as soon as practicable, but in no event
more than 30 days after issuance of decision or finding under Sec. 414.37.
Sec. 414.41 Administrative law judge's recommended decision in safety
approval actions.
(a) The Associate Administrator, who will make the final decision
on the matter at issue, will review the recommended decision of the
administrative law judge. The Associate Administrator will make such
final decision within 30 days of issuance of the recommended decision.
(b) The authority and responsibility to review and decide rests
solely with the Associate Administrator and may not be delegated.
Issued in Washington, DC, on August 8, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. E6-13313 Filed 8-14-06; 8:45 am]
BILLING CODE 4910-13-P