80_FR_30248 80 FR 30147 - Electronic Applications for Licenses, Permits, and Safety Approvals

80 FR 30147 - Electronic Applications for Licenses, Permits, and Safety Approvals

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range30147-30151
FR Document2015-12556

Currently, an application for a license or experimental permit, or for a safety approval must be submitted to the FAA in paper form. This rule will make the application process more flexible and efficient by providing applicants with an option to submit these applications to the FAA electronically (either via email or on an electronic storage device) rather than submitting a paper application.

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30147-30151]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 413 and 414

[Docket No.: FAA-2015-1745; Amdt. No(s). 413-11 and 414-3]
RIN 2120-AK58


Electronic Applications for Licenses, Permits, and Safety 
Approvals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: Currently, an application for a license or experimental 
permit, or for a safety approval must be submitted to the FAA in paper 
form. This rule will make the application process more flexible and 
efficient by providing applicants with an option to submit these 
applications to the FAA electronically (either via email or on an 
electronic storage device) rather than submitting a paper application.

DATES: Effective July 27, 2015.
    Submit comments on or before June 26, 2015. If we receive an 
adverse comment or notice of intent to file an adverse comment, we will 
advise the public by publishing a document in the Federal Register 
before the effective date of the final rule. This document may withdraw 
the direct final rule in whole or in part.

ADDRESSES: You may send comments identified by docket number FAA-2015-
1745 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Shirley McBride, Office of Commercial Space 
Transportation,

[[Page 30148]]

Regulations and Analysis Division, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7470; email [email protected].
    For legal questions concerning this action, contact Alex Zektser, 
Office of Chief Counsel, International Law, Legislation, and 
Regulations Division, AGC-250, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and re-codified 
at 51 United States Code (U.S.C.) Subtitle V--Commercial Space 
Transportation, ch.509, Commercial Space Launch Activities, 51 U.S.C. 
50901-50923 (the Act), authorizes the Department of Transportation 
(DOT) and thus the FAA, through delegations, to oversee, license, and 
regulate commercial launch and reentry, 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. Section 50905(a)(2) also authorizes the 
FAA to establish procedures for safety approvals of launch vehicles, 
reentry vehicles, safety systems, processes, services, or personnel 
that may be used to conduct a licensed launch or reentry.

The Direct Final Rule Procedure

    The FAA is issuing this direct final rule without prior notice and 
prior public comment. The Administrative Procedure Act provides that an 
agency may publish a final rule without prior notice and comment if the 
agency for good cause finds that the notice and comment procedure is 
unnecessary.\1\ This rule will not make any substantive changes to the 
requirements that must be met in order to obtain a commercial-space 
license, experimental permit, or safety approval. Rather, this rule 
will simply add an option for applicants for a license, permit, or 
safety approval to submit their applications electronically. 
Accordingly, the FAA does not believe that any adverse comments will be 
filed in response to this rulemaking, and consequently, notice and 
comment is unnecessary.
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    \1\ See 5 U.S.C. 553(b)(B).
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    The Regulatory Policies and Procedures of the Department of 
Transportation (DOT), 44 FR 1134, February 26, 1979, provide that to 
the maximum extent possible, operating administrations for the DOT 
should provide an opportunity for public comment on regulations issued 
without prior notice. Accordingly, the FAA invites interested persons 
to participate in this rulemaking by submitting written comments, data, 
or views.
    The agency also invites comments relating to the economic, 
environmental, energy, or federalism impacts that might result from 
adopting this final rule.
    A direct final rule will take effect on a specified date unless the 
FAA receives an adverse comment or notice of intent to file an adverse 
comment within the comment period. An adverse comment explains why a 
rule would be inappropriate, or would be ineffective or unacceptable 
without a change. It may challenge the rule's underlying premise or 
approach. Under the direct final rule process, we do not consider the 
following types of comments to be adverse:
    (1) A comment recommending another rule change, in addition to the 
change in the direct final rule at issue. We consider the comment 
adverse, however, if the commenter states why the direct final rule 
would be ineffective without the change.
    (2) A frivolous or insubstantial comment.
    If we receive an adverse comment or notice of intent to file an 
adverse comment, we will advise the public by publishing a document in 
the Federal Register before the effective date of the final rule. This 
document may withdraw the direct final rule in whole or in part. If we 
withdraw a direct final rule because of an adverse comment, we may 
incorporate the commenter's recommendation into another direct final 
rule or may publish a notice of proposed rulemaking.
    If we do not receive an adverse comment or notice of intent to file 
an adverse comment, we will publish a confirmation document in the 
Federal Register, generally within 15 days after the comment period 
closes. The confirmation document tells the public the effective date 
of the rule.
    See the ``Additional Information'' section for information on how 
to comment on this direct final rule and how the FAA will handle 
comments received. The ``Additional Information'' section also contains 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. In addition, there is 
information on obtaining copies of related rulemaking documents.

I. Background

    The FAA currently issues licenses for the launch of a launch 
vehicle, the operation of a launch site, the reentry of a reentry 
vehicle, and the operation of a reentry site.\2\ The FAA also issues 
experimental permits that allow a person to launch or reenter a 
reusable suborbital rocket.\3\ Finally, the FAA issues safety approvals 
that may be used in conducting a licensed launch or reentry.\4\
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    \2\ See 14 CFR 413.3.
    \3\ See 14 CFR 437.5.
    \4\ See 14 CFR 414.1.
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    To obtain a license, experimental permit, or safety approval, an 
applicant must first submit an application in writing to the FAA.\5\ 
Currently, this application may not be submitted electronically, but 
must instead be mailed to the FAA on paper and in duplicate.\6\
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    \5\ 14 CFR 413.7(a) and 414.11(a).
    \6\ Id. See also Memorandum to Kenneth Wong from Rebecca 
MacPherson, Assistant Chief Counsel for Regulations (Nov 30, 2011) 
(concluding that the current regulations do not allow the FAA to 
accept applications electronically). http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/.
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    The FAA has determined that this paper-based submission process is 
unduly burdensome because an electronically-submitted application would 
provide the FAA with the same information as a paper application. In 
addition, the Government Paperwork Elimination Act (GPEA) requires 
that, when practicable, a Federal agency must provide the public with 
an option to transact with the agency electronically.\7\
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    \7\ Office of Management and Budget, Implementation of the 
Government Paperwork Elimination Act, http://www.whitehouse.gov/omb/fedreg_gpea2 (explaining implementation of Pub. L. 105-277, sec. 
1704).
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    Accordingly, this rulemaking will relieve the burden imposed by the 
FAA's current paper-submission application processes and bring the 
FAA's application processes into compliance with GPEA by providing an 
option for license, experimental permit, and safety approval applicants 
to submit their applications electronically.

II. Discussion of the Direct Final Rule

    This rule amends Sec. Sec.  413.7 and 414.11 to allow applicants 
for a license, experimental permits or safety approval to file their 
applications to the FAA by paper or by electronic means. The new 
electronic filing options provided by this rule will be: (1) Simply 
emailing the application to the FAA; or (2) providing the application 
to the FAA on a physical electronic storage device rather than 
submitting the application in paper form. Under this rule, ``physical 
electronic storage'' is an electronic storage device that can store 
electronic documents and files. Examples of

[[Page 30149]]

physical electronic storage devices include optical discs, memory 
cards, USB flash drives, and external hard drives.\8\
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    \8\ This list of examples is not intended to be exhaustive.
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    The FAA emphasizes that this rule will not make electronic 
submission of applications mandatory. Thus, applicants who wish to 
submit their applications in paper form will be able to continue doing 
so under this rule. However, applicants who prefer to submit their 
applications electronically will now be able to do so instead of having 
to submit those applications in paper form.
    To ensure the authenticity and security of electronically-submitted 
applications, this direct final rule specifies certain requirements for 
electronically-submitted applications. For an application submitted via 
email, the application will have to satisfy the following criteria. 
First, the application must be sent via email as an email attachment to 
the following email address: [email protected]. Second, the email 
to which the application is attached must be sent from an email address 
controlled by the person who signed the application or by an authorized 
representative of the applicant. The FAA anticipates that this will 
usually be that person's official work-related email address. Finally, 
the application must be provided in a format that cannot be altered, 
such as a PDF document or a read-only Word file.
    An application submitted via a physical electronic storage device 
will be subject to the following criteria. First, the submission 
package must include a cover letter identifying each document and file 
that is being submitted on the physical electronic storage device. The 
cover letter must be in paper form and it must be signed either by the 
person who signed the application or by an authorized representative of 
the applicant. Second, the physical electronic storage device must be 
submitted in a format that does not allow the contents of the device to 
be altered. For example, the application could be submitted on a write-
protected USB flash drive or a CD-ROM disk that does not allow 
additional data to be written onto the disk.
    Finally, the physical electronic storage device and cover letter 
must either be: (1) Hand-delivered to an authorized FAA representative; 
or (2) mailed to the FAA's Office of Commercial Space Transportation 
(AST). If opting to mail the application to AST, the applicant must use 
the same mailing address that he or she would use to submit a paper 
application. This address is: Federal Aviation Administration, 
Associate Administrator for Commercial Space Transportation, Room 331, 
800 Independence Avenue SW., Washington, DC 20591. Attention: 
Application Review.

III. 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 direct final 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 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 direct final rule. The 
reasoning for this determination follows:
    This direct final rule will permit, but not require, an application 
for a license, an experimental permit, or a safety approval to be 
submitted electronically to the FAA rather than by mailing in a paper 
application. This will make the application process more efficient and 
flexible.
    This direct final rule does not impose any incremental costs 
because it will provide an additional method of submitting applications 
to the FAA. Therefore, the expected outcome will be a minimal impact 
with positive net benefits, and a full regulatory evaluation was not 
prepared. The FAA requests comments with supporting justification about 
the FAA determination of minimal impact.
    The FAA has, therefore, determined that this direct 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 direct final rule does not impose any incremental costs 
because it will provide an additional method of submitting applications 
to the FAA.
    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

[[Page 30150]]

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 direct final rule 
and determined that it will have only a domestic impact and therefore 
no effect on international trade.

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 $151 million in lieu of $100 
million.
    This direct final rule does not contain such a mandate; therefore, 
the requirements of Title II of the 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 direct final rule.

F. International Compatibility and Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

G. 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 rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f and involves no extraordinary 
circumstances.

IV. 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. 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.

V. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the rulemaking 
action in this document. The most helpful comments reference a specific 
portion of the rulemaking action, explain the reason for any 
recommended change, and include supporting data. To ensure the docket 
does not contain duplicate comments, commenters should send only one 
copy of written comments, or if comments are filed electronically, 
commenters should submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking. Before acting on this rulemaking 
action, the FAA will consider all comments it receives on or before the 
closing date for comments. The FAA will consider comments filed after 
the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this rulemaking 
action in light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    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.thefederalregister.org/fdsys/.
    Copies may also be obtained 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. 
Commenters must identify the docket or amendment number of this 
rulemaking.
    All documents the FAA considered in developing this rulemaking 
action, including economic analyses and technical reports, may be 
accessed from the Internet through the Federal eRulemaking Portal 
referenced in item (1) above.

List of Subjects

14 CFR Part 401

    Organization and functions (Government agencies), Space 
transportation and exploration.

14 CFR Part 413

    Confidential business information, Human space flight, Reporting 
and recordkeeping requirements, Space safety, Space transportation and 
exploration.

[[Page 30151]]

14 CFR Part 414

    Airspace, Aviation Safety, Space transportation and exploration.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter III of title 14, Code of Federal 
Regulations as follows:

PART 401--ORGANIZATION AND DEFINITIONS

0
1. The authority citation for part 401 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.


0
2. In Sec.  401.5, add a definition in alphabetical order for physical 
electronic storage to read as follows:


Sec.  401.5  Definitions.

* * * * *
    Physical electronic storage means a physical device that can store 
electronic documents and files including but not limited to an optical 
disc, a memory card, a USB flash drive, or an external hard drive.
* * * * *

PART 413--LICENSE APPLICATION PROCEDURES

0
3. The authority citation for part 413 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.


0
4. In Sec.  413.7, revise paragraph (a) to read as follows:


Sec.  413.7  Application.

    (a) An applicant must make an application in writing and in 
English. The applicant must file the application with the Federal 
Aviation Administration either by paper, by use of physical electronic 
storage, or by email in the following manner:
    (1) For applications submitted on paper, an applicant must send two 
copies of the application to the Federal Aviation Administration, 
Associate Administrator for Commercial Space Transportation, Room 331, 
800 Independence Avenue SW., Washington, DC 20591. Attention: 
Application Review.
    (2) For an application submitted by use of physical electronic 
storage, the applicant must either mail the application to the address 
specified in paragraph (a)(1) of this section or hand-deliver the 
application to an authorized FAA representative. The application and 
the physical electronic storage containing the application must also 
satisfy all of the following criteria:
    (i) The application must include a cover letter that is printed on 
paper and signed by the person who signed the application or by an 
authorized representative of the applicant;
    (ii) The cover letter must identify each document that is included 
on the physical electronic storage; and
    (iii) The physical electronic storage must be in a format such that 
its contents cannot be altered.
    (3) For an application submitted by email, an applicant must send 
the application as an email attachment to [email protected]. The 
application and the email to which the application is attached must 
also satisfy the following criteria:
    (i) The email to which the application is attached must be sent 
from an email address controlled by the person who signed the 
application or by an authorized representative of the applicant; and
    (ii) The application must be in a format that cannot be altered.
* * * * *

PART 414--SAFETY APPROVALS

0
5. The authority citation for part 414 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.


0
6. In Sec.  414.11, revise paragraph (a) to read as follows:


Sec.  414.11  Application.

    (a) An applicant must make an application in writing and in 
English. The applicant must file the application with the Federal 
Aviation Administration either by paper, by use of physical electronic 
storage, or by email in the following manner:
    (1) For an application submitted on paper, an applicant must send 
two copies of the application to the Federal Aviation Administration, 
Associate Administrator for Commercial Space Transportation, Room 331, 
800 Independence Avenue SW., Washington, DC 20591. Attention: 
Application Review.
    (2) For an application submitted by use of physical electronic 
storage, the applicant must either mail the application to the address 
specified in paragraph (a)(1) of this section or hand-deliver the 
application to an authorized FAA representative. The application and 
the physical electronic storage containing the application must also 
satisfy all of the following criteria:
    (i) The application must include a cover letter that is printed on 
paper and signed by the person who signed the application or by an 
authorized representative of the applicant;
    (ii) The cover letter must identify each document that is included 
on the physical electronic storage; and
    (iii) The physical electronic storage must be in a format such that 
its contents cannot be altered.
    (3) For an application submitted by email, an applicant must send 
the application as an email attachment to [email protected]. The 
application and the email to which the application is attached must 
also satisfy the following criteria:
    (i) The email to which the application is attached must be sent 
from an email address controlled by the person who signed the 
application or by an authorized representative of the applicant; and
    (ii) The application must be in a format that cannot be altered.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f), and 51 
U.S.C. 50904-50905 in Washington, DC, on April 30, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-12556 Filed 5-26-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                                 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations                                         30147

                                                minimal and, in the case of baggage                     paragraph (b)(3) shall be twice the                   SUMMARY:   Currently, an application for
                                                liability, may be covered by insurance.                 revised limit for paragraph (a)(2) of this            a license or experimental permit, or for
                                                   The revision of the civil penalty                    section.                                              a safety approval must be submitted to
                                                amount will raise potential penalties for               *     *    *      *    *                              the FAA in paper form. This rule will
                                                individuals and small businesses with                                                                         make the application process more
                                                regard to violations of section 41712 or                § 250.9   [Amended]                                   flexible and efficient by providing
                                                consumer protection rules and orders.                   ■ 3. Section 250.9 is amended by                      applicants with an option to submit
                                                Because the maximum civil penalty                       removing ‘‘$650’’ wherever it appears                 these applications to the FAA
                                                amount is only increased by $250 from                   and adding ‘‘$675’’ in its place and by               electronically (either via email or on an
                                                the current amount, the aggregate                       removing ‘‘$1,300’’ wherever it appears               electronic storage device) rather than
                                                economic impact of this rulemaking on                   and adding ‘‘$1,350’’ in its place.                   submitting a paper application.
                                                small entities should be minimal and                                                                          DATES: Effective July 27, 2015.
                                                would only be borne by those entities                   PART 254—DOMESTIC BAGGAGE                                Submit comments on or before June
                                                found in violation of the regulations.                  LIABILITY                                             26, 2015. If we receive an adverse
                                                   Accordingly, I hereby certify that this                                                                    comment or notice of intent to file an
                                                action will not have a significant                      ■ 4. The authority citation for part 254              adverse comment, we will advise the
                                                economic impact on a substantial                        continues to read as follows:                         public by publishing a document in the
                                                number of small entities.                                 Authority: 49 U.S.C. 40113, 41501, 41504,           Federal Register before the effective
                                                                                                        41510, 41702 and 41707.                               date of the final rule. This document
                                                VII. Paperwork Reduction Act
                                                                                                                                                              may withdraw the direct final rule in
                                                  This final rule imposes no new                        § 254.4   [Amended]
                                                                                                                                                              whole or in part.
                                                reporting or record keeping                             ■ 5. Section 254.4 is amended by                      ADDRESSES: You may send comments
                                                requirements necessitating clearance by                 removing ‘‘$3,400’’ and adding ‘‘$3,500’’             identified by docket number FAA–
                                                OMB.                                                    in its place.                                         2015–1745 using any of the following
                                                List of Subjects                                        § 254.5   [Amended]                                   methods:
                                                                                                                                                                 • Federal eRulemaking Portal: Go to
                                                14 CFR Part 250                                         ■ 6. Section 254.5(b) is amended by                   http://www.regulations.gov and follow
                                                  Air carriers, Consumer protection,                    removing ‘‘$3,400’’ and adding ‘‘$3,500’’             the online instructions for sending your
                                                Reporting and recordkeeping                             in its place.                                         comments electronically.
                                                requirements.                                                                                                    • Mail: Send comments to Docket
                                                                                                        PART 383—CIVIL PENALTIES                              Operations, M–30; U.S. Department of
                                                14 CFR Part 254                                                                                               Transportation (DOT), 1200 New Jersey
                                                                                                        ■ 8. The authority citation for part 383
                                                  Air carriers, Administrative practice                                                                       Avenue SE., Room W12–140, West
                                                                                                        continues to read as follows:
                                                and procedure, Consumer protection,                                                                           Building Ground Floor, Washington, DC
                                                Transportation.                                           Authority: Sec. 503, Pub. L. 108–176, 117           20590–0001.
                                                                                                        Stat. 2490; Pub. L. 101–410, 104 Stat. 890;              • Hand Delivery or Courier: Take
                                                14 CFR Part 383                                         Pub. L. 104–134 § 31001.
                                                                                                                                                              comments to Docket Operations in
                                                  Administrative practice and                           § 383.2   [Amended]                                   Room W12–140 of the West Building
                                                procedure, Penalties.                                                                                         Ground Floor at 1200 New Jersey
                                                                                                        ■ 9. Section 383.2(b)(3) is amended by
                                                  Accordingly, the Department of                                                                              Avenue SE., Washington, DC, between 9
                                                                                                        removing ‘‘$2,500’’ and adding ‘‘$2,750’’
                                                Transportation amends 14 CFR parts                                                                            a.m. and 5 p.m., Monday through
                                                                                                        in its place.
                                                250, 254, and 383 as follows:                                                                                 Friday, except Federal holidays.
                                                                                                          Issued in Washington, DC, on May 18,                   • Fax: Fax comments to Docket
                                                PART 250—OVERSALES                                      2015 pursuant to authority delegated in 49            Operations at 202–493–2251.
                                                                                                        CFR 1.27(c) and (n).                                     Privacy: In accordance with 5 U.S.C.
                                                ■ 1. The authority citation for part 250                Kathryn B. Thomson,                                   553(c), DOT solicits comments from the
                                                continues to read as follows:                           General Counsel.                                      public to better inform its rulemaking
                                                  Authority: 49 U.S.C. 329 and chapters                 [FR Doc. 2015–12789 Filed 5–26–15; 8:45 am]           process. DOT posts these comments,
                                                41102, 41301, 41708, and 41712.                         BILLING CODE 4910–9X–P                                without edit, including any personal
                                                                                                                                                              information the commenter provides, to
                                                ■ 2. Section 250.5 is amended by:
                                                                                                                                                              www.regulations.gov, as described in
                                                ■ a. Removing ‘‘$650’’ wherever it                      DEPARTMENT OF TRANSPORTATION                          the system of records notice (DOT/ALL–
                                                appears and adding ‘‘$675’’ in its place.
                                                                                                                                                              14 FDMS), which can be reviewed at
                                                ■ b. Removing ‘‘$1,300’’ wherever it                    Federal Aviation Administration                       www.dot.gov/privacy.
                                                appears and adding ‘‘$1,350’’ in its                                                                             Docket: Background documents or
                                                place.                                                  14 CFR Parts 401, 413 and 414                         comments received may be read at
                                                ■ c. Adding a new paragraph (e)(3) to
                                                                                                                                                              http://www.regulations.gov at any time.
                                                read as follows:                                        [Docket No.: FAA–2015–1745; Amdt. No(s).
                                                                                                        413–11 and 414–3]                                     Follow the online instructions for
                                                § 250.5 Amount of denied boarding                                                                             accessing the docket or Docket
                                                compensation for passengers denied                      RIN 2120–AK58                                         Operations in Room W12–140 of the
                                                boarding involuntarily.                                                                                       West Building Ground Floor at 1200
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                                                *     *     *    *     *                                Electronic Applications for Licenses,                 New Jersey Avenue SE., Washington,
                                                  (e) * * *                                             Permits, and Safety Approvals                         DC, between 9 a.m. and 5 p.m., Monday
                                                  (3) The Denied Boarding                               AGENCY: Federal Aviation                              through Friday, except Federal holidays.
                                                Compensation limit in paragraph (b)(2)                  Administration (FAA), DOT.                            FOR FURTHER INFORMATION CONTACT: For
                                                shall be the same as the revised limit for                                                                    technical questions concerning this
                                                                                                        ACTION: Direct final rule; request for
                                                paragraph (a)(2) of this section, and the                                                                     action, contact Shirley McBride, Office
                                                                                                        comments.
                                                Denied Boarding Compensation limit in                                                                         of Commercial Space Transportation,


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                                                30148               Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations

                                                Regulations and Analysis Division,                        provide an opportunity for public                     operation of a launch site, the reentry of
                                                Federal Aviation Administration, 800                      comment on regulations issued without                 a reentry vehicle, and the operation of
                                                Independence Avenue SW.,                                  prior notice. Accordingly, the FAA                    a reentry site.2 The FAA also issues
                                                Washington, DC 20591; telephone (202)                     invites interested persons to participate             experimental permits that allow a
                                                267–7470; email Shirley.McBride@                          in this rulemaking by submitting written              person to launch or reenter a reusable
                                                faa.gov.                                                  comments, data, or views.                             suborbital rocket.3 Finally, the FAA
                                                   For legal questions concerning this                       The agency also invites comments                   issues safety approvals that may be used
                                                action, contact Alex Zektser, Office of                   relating to the economic, environmental,              in conducting a licensed launch or
                                                Chief Counsel, International Law,                         energy, or federalism impacts that might              reentry.4
                                                Legislation, and Regulations Division,                    result from adopting this final rule.                    To obtain a license, experimental
                                                AGC–250, Federal Aviation                                    A direct final rule will take effect on            permit, or safety approval, an applicant
                                                Administration, 800 Independence                          a specified date unless the FAA receives              must first submit an application in
                                                Avenue SW., Washington, DC 20591;                         an adverse comment or notice of intent                writing to the FAA.5 Currently, this
                                                telephone (202) 267–3073; email                           to file an adverse comment within the                 application may not be submitted
                                                Alex.Zektser@faa.gov.                                     comment period. An adverse comment                    electronically, but must instead be
                                                SUPPLEMENTARY INFORMATION:                                explains why a rule would be                          mailed to the FAA on paper and in
                                                                                                          inappropriate, or would be ineffective or             duplicate.6
                                                Authority for This Rulemaking                             unacceptable without a change. It may                    The FAA has determined that this
                                                   The Commercial Space Launch Act of                     challenge the rule’s underlying premise               paper-based submission process is
                                                1984, as amended and re-codified at 51                    or approach. Under the direct final rule              unduly burdensome because an
                                                United States Code (U.S.C.) Subtitle V—                   process, we do not consider the                       electronically-submitted application
                                                Commercial Space Transportation,                          following types of comments to be                     would provide the FAA with the same
                                                ch.509, Commercial Space Launch                           adverse:                                              information as a paper application. In
                                                Activities, 51 U.S.C. 50901–50923 (the                       (1) A comment recommending                         addition, the Government Paperwork
                                                Act), authorizes the Department of                        another rule change, in addition to the               Elimination Act (GPEA) requires that,
                                                Transportation (DOT) and thus the FAA,                    change in the direct final rule at issue.             when practicable, a Federal agency must
                                                through delegations, to oversee, license,                 We consider the comment adverse,                      provide the public with an option to
                                                and regulate commercial launch and                        however, if the commenter states why                  transact with the agency electronically.7
                                                reentry, and the operation of launch and                  the direct final rule would be ineffective               Accordingly, this rulemaking will
                                                reentry sites as carried out by U.S.                      without the change.                                   relieve the burden imposed by the
                                                citizens or within the United States. 51                     (2) A frivolous or insubstantial                   FAA’s current paper-submission
                                                U.S.C. 50904, 50905. Section                              comment.                                              application processes and bring the
                                                50905(a)(2) also authorizes the FAA to                       If we receive an adverse comment or                FAA’s application processes into
                                                establish procedures for safety                           notice of intent to file an adverse                   compliance with GPEA by providing an
                                                approvals of launch vehicles, reentry                     comment, we will advise the public by                 option for license, experimental permit,
                                                vehicles, safety systems, processes,                      publishing a document in the Federal                  and safety approval applicants to submit
                                                services, or personnel that may be used                   Register before the effective date of the             their applications electronically.
                                                to conduct a licensed launch or reentry.                  final rule. This document may withdraw
                                                                                                          the direct final rule in whole or in part.            II. Discussion of the Direct Final Rule
                                                The Direct Final Rule Procedure
                                                                                                          If we withdraw a direct final rule                      This rule amends §§ 413.7 and 414.11
                                                   The FAA is issuing this direct final                   because of an adverse comment, we may                 to allow applicants for a license,
                                                rule without prior notice and prior                       incorporate the commenter’s                           experimental permits or safety approval
                                                public comment. The Administrative                        recommendation into another direct                    to file their applications to the FAA by
                                                Procedure Act provides that an agency                     final rule or may publish a notice of                 paper or by electronic means. The new
                                                may publish a final rule without prior                    proposed rulemaking.                                  electronic filing options provided by
                                                notice and comment if the agency for                         If we do not receive an adverse                    this rule will be: (1) Simply emailing the
                                                good cause finds that the notice and                      comment or notice of intent to file an                application to the FAA; or (2) providing
                                                comment procedure is unnecessary.1                        adverse comment, we will publish a                    the application to the FAA on a physical
                                                This rule will not make any substantive                   confirmation document in the Federal                  electronic storage device rather than
                                                changes to the requirements that must                     Register, generally within 15 days after              submitting the application in paper
                                                be met in order to obtain a commercial-                   the comment period closes. The                        form. Under this rule, ‘‘physical
                                                space license, experimental permit, or                    confirmation document tells the public                electronic storage’’ is an electronic
                                                safety approval. Rather, this rule will                   the effective date of the rule.                       storage device that can store electronic
                                                simply add an option for applicants for                      See the ‘‘Additional Information’’                 documents and files. Examples of
                                                a license, permit, or safety approval to                  section for information on how to
                                                submit their applications electronically.                 comment on this direct final rule and                   2 See  14 CFR 413.3.
                                                Accordingly, the FAA does not believe                     how the FAA will handle comments                        3 See  14 CFR 437.5.
                                                that any adverse comments will be filed                   received. The ‘‘Additional Information’’                4 See 14 CFR 414.1.

                                                in response to this rulemaking, and                       section also contains related                           5 14 CFR 413.7(a) and 414.11(a).

                                                consequently, notice and comment is                       information about the docket, privacy,                  6 Id. See also Memorandum to Kenneth Wong

                                                unnecessary.                                              and the handling of proprietary or                    from Rebecca MacPherson, Assistant Chief Counsel
                                                                                                                                                                for Regulations (Nov 30, 2011) (concluding that the
                                                   The Regulatory Policies and                            confidential business information. In
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                                                                                                                                                                current regulations do not allow the FAA to accept
                                                Procedures of the Department of                           addition, there is information on                     applications electronically). http://www.faa.gov/
                                                Transportation (DOT), 44 FR 1134,                         obtaining copies of related rulemaking                about/office_org/headquarters_offices/agc/pol_
                                                February 26, 1979, provide that to the                    documents.                                            adjudication/agc200/interpretations/.
                                                                                                                                                                  7 Office of Management and Budget,
                                                maximum extent possible, operating
                                                administrations for the DOT should                        I. Background                                         Implementation of the Government Paperwork
                                                                                                                                                                Elimination Act, http://www.whitehouse.gov/omb/
                                                                                                             The FAA currently issues licenses for              fedreg_gpea2 (explaining implementation of Pub. L.
                                                  1 See   5 U.S.C. 553(b)(B).                             the launch of a launch vehicle, the                   105–277, sec. 1704).



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                                                                  Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations                                         30149

                                                physical electronic storage devices                     use to submit a paper application. This               application process more efficient and
                                                include optical discs, memory cards,                    address is: Federal Aviation                          flexible.
                                                USB flash drives, and external hard                     Administration, Associate                                This direct final rule does not impose
                                                drives.8                                                Administrator for Commercial Space                    any incremental costs because it will
                                                   The FAA emphasizes that this rule                    Transportation, Room 331, 800                         provide an additional method of
                                                will not make electronic submission of                  Independence Avenue SW.,                              submitting applications to the FAA.
                                                applications mandatory. Thus,                           Washington, DC 20591. Attention:                      Therefore, the expected outcome will be
                                                applicants who wish to submit their                     Application Review.                                   a minimal impact with positive net
                                                applications in paper form will be able                                                                       benefits, and a full regulatory evaluation
                                                to continue doing so under this rule.                   III. Regulatory Notices and Analyses                  was not prepared. The FAA requests
                                                However, applicants who prefer to                       A. Regulatory Evaluation                              comments with supporting justification
                                                submit their applications electronically                                                                      about the FAA determination of
                                                will now be able to do so instead of                       Changes to Federal regulations must                minimal impact.
                                                having to submit those applications in                  undergo several economic analyses.                       The FAA has, therefore, determined
                                                paper form.                                             First, Executive Order 12866 and                      that this direct final rule is not a
                                                   To ensure the authenticity and                       Executive Order 13563 direct that each                ‘‘significant regulatory action’’ as
                                                security of electronically-submitted                    Federal agency shall propose or adopt a               defined in section 3(f) of Executive
                                                applications, this direct final rule                    regulation only upon a reasoned                       Order 12866, and is not ‘‘significant’’ as
                                                specifies certain requirements for                      determination that the benefits of the                defined in DOT’s Regulatory Policies
                                                electronically-submitted applications.                  intended regulation justify its costs.                and Procedures.
                                                For an application submitted via email,                 Second, the Regulatory Flexibility Act
                                                                                                                                                              B. Regulatory Flexibility Determination
                                                the application will have to satisfy the                of 1980 (Pub. L. 96–354) requires
                                                following criteria. First, the application              agencies to analyze the economic                         The Regulatory Flexibility Act of 1980
                                                must be sent via email as an email                      impact of regulatory changes on small                 (Pub. L. 96–354) (RFA) establishes ‘‘as a
                                                attachment to the following email                       entities. Third, the Trade Agreements                 principle of regulatory issuance that
                                                address: ASTApplications@faa.gov.                       Act (Pub. L. 96–39) prohibits agencies                agencies shall endeavor, consistent with
                                                Second, the email to which the                          from setting standards that create                    the objectives of the rule and of
                                                application is attached must be sent                    unnecessary obstacles to the foreign                  applicable statutes, to fit regulatory and
                                                from an email address controlled by the                 commerce of the United States. In                     informational requirements to the scale
                                                person who signed the application or by                 developing U.S. standards, the Trade                  of the businesses, organizations, and
                                                an authorized representative of the                     Act requires agencies to consider                     governmental jurisdictions subject to
                                                applicant. The FAA anticipates that this                international standards and, where                    regulation.’’ To achieve this principle,
                                                will usually be that person’s official                  appropriate, that they be the basis of                agencies are required to solicit and
                                                work-related email address. Finally, the                U.S. standards. Fourth, the Unfunded                  consider flexible regulatory proposals
                                                application must be provided in a                       Mandates Reform Act of 1995 (Pub. L.                  and to explain the rationale for their
                                                format that cannot be altered, such as a                104–4) requires agencies to prepare a                 actions to assure that such proposals are
                                                PDF document or a read-only Word file.                  written assessment of the costs, benefits,            given serious consideration.’’ The RFA
                                                   An application submitted via a                       and other effects of proposed or final                covers a wide-range of small entities,
                                                physical electronic storage device will                 rules that include a Federal mandate                  including small businesses, not-for-
                                                be subject to the following criteria. First,            likely to result in the expenditure by                profit organizations, and small
                                                the submission package must include a                   State, local, or tribal governments, in the           governmental jurisdictions.
                                                cover letter identifying each document                  aggregate, or by the private sector, of                  Agencies must perform a review to
                                                and file that is being submitted on the                 $100 million or more annually (adjusted               determine whether a rule will have a
                                                physical electronic storage device. The                 for inflation with base year of 1995).                significant economic impact on a
                                                cover letter must be in paper form and                  This portion of the preamble                          substantial number of small entities. If
                                                it must be signed either by the person                  summarizes the FAA’s analysis of the                  the agency determines that it will, the
                                                who signed the application or by an                     economic impacts of this direct final                 agency must prepare a regulatory
                                                authorized representative of the                        rule.                                                 flexibility analysis as described in the
                                                applicant. Second, the physical                                                                               RFA.
                                                                                                           Department of Transportation Order                    However, if an agency determines that
                                                electronic storage device must be                       DOT 2100.5 prescribes policies and
                                                submitted in a format that does not                                                                           a rule is not expected to have a
                                                                                                        procedures for simplification, analysis,              significant economic impact on a
                                                allow the contents of the device to be                  and review of regulations. If the
                                                altered. For example, the application                                                                         substantial number of small entities,
                                                                                                        expected cost impact is so minimal that               section 605(b) of the RFA provides that
                                                could be submitted on a write-protected                 a proposed or final rule does not
                                                USB flash drive or a CD–ROM disk that                                                                         the head of the agency may so certify
                                                                                                        warrant a full evaluation, this order                 and a regulatory flexibility analysis is
                                                does not allow additional data to be                    permits that a statement to that effect
                                                written onto the disk.                                                                                        not required. The certification must
                                                                                                        and the basis for it be included in the               include a statement providing the
                                                   Finally, the physical electronic
                                                                                                        preamble if a full regulatory evaluation              factual basis for this determination, and
                                                storage device and cover letter must
                                                                                                        of the cost and benefits is not prepared.             the reasoning should be clear.
                                                either be: (1) Hand-delivered to an
                                                                                                        Such a determination has been made for                   This direct final rule does not impose
                                                authorized FAA representative; or (2)
                                                                                                        this direct final rule. The reasoning for             any incremental costs because it will
                                                mailed to the FAA’s Office of
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                                                                                                        this determination follows:                           provide an additional method of
                                                Commercial Space Transportation
                                                (AST). If opting to mail the application                   This direct final rule will permit, but            submitting applications to the FAA.
                                                to AST, the applicant must use the same                 not require, an application for a license,               If an agency determines that a
                                                mailing address that he or she would                    an experimental permit, or a safety                   rulemaking will not result in a
                                                                                                        approval to be submitted electronically               significant economic impact on a
                                                  8 This list of examples is not intended to be         to the FAA rather than by mailing in a                substantial number of small entities, the
                                                exhaustive.                                             paper application. This will make the                 head of the agency may so certify under


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                                                30150            Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations

                                                section 605(b) of the RFA. Therefore, as                F. International Compatibility and                    the rulemaking action in this document.
                                                provided in section 605(b), the head of                 Cooperation                                           The most helpful comments reference a
                                                the FAA certifies that this rulemaking                    Executive Order 13609, Promoting                    specific portion of the rulemaking
                                                will not result in a significant economic               International Regulatory Cooperation,                 action, explain the reason for any
                                                impact on a substantial number of small                 promotes international regulatory                     recommended change, and include
                                                entities.                                               cooperation to meet shared challenges                 supporting data. To ensure the docket
                                                                                                        involving health, safety, labor, security,            does not contain duplicate comments,
                                                C. International Trade Impact                                                                                 commenters should send only one copy
                                                Assessment                                              environmental, and other issues and to
                                                                                                        reduce, eliminate, or prevent                         of written comments, or if comments are
                                                   The Trade Agreements Act of 1979                     unnecessary differences in regulatory                 filed electronically, commenters should
                                                                                                        requirements. The FAA has analyzed                    submit only one time.
                                                (Pub. L. 96–39), as amended by the
                                                Uruguay Round Agreements Act (Pub.                      this action under the policies and                       The FAA will file in the docket all
                                                L. 103–465), prohibits Federal agencies                 agency responsibilities of Executive                  comments it receives, as well as a report
                                                from establishing standards or engaging                 Order 13609, and has determined that                  summarizing each substantive public
                                                in related activities that create                       this action would have no effect on                   contact with FAA personnel concerning
                                                unnecessary obstacles to the foreign                    international regulatory cooperation.                 this rulemaking. Before acting on this
                                                commerce of the United States.                                                                                rulemaking action, the FAA will
                                                                                                        G. Environmental Analysis
                                                                                                                                                              consider all comments it receives on or
                                                Pursuant to these Acts, the                               FAA Order 1050.1E identifies FAA                    before the closing date for comments.
                                                establishment of standards is not                       actions that are categorically excluded               The FAA will consider comments filed
                                                considered an unnecessary obstacle to                   from preparation of an environmental                  after the comment period has closed if
                                                the foreign commerce of the United                      assessment or environmental impact                    it is possible to do so without incurring
                                                States, so long as the standard has a                   statement under the National                          expense or delay. The agency may
                                                legitimate domestic objective, such as                  Environmental Policy Act in the                       change this rulemaking action in light of
                                                the protection of safety, and does not                  absence of extraordinary circumstances.               the comments it receives.
                                                operate in a manner that excludes                       The FAA has determined this
                                                imports that meet this objective. The                   rulemaking action qualifies for the                   B. Availability of Rulemaking
                                                statute also requires consideration of                  categorical exclusion identified in                   Documents
                                                international standards and, where                      paragraph 312f and involves no                          An electronic copy of rulemaking
                                                appropriate, that they be the basis for                 extraordinary circumstances.                          documents may be obtained from the
                                                U.S. standards.                                                                                               Internet by—
                                                                                                        IV. Executive Order Determinations
                                                   The FAA has assessed the potential                                                                           1. Searching the Federal eRulemaking
                                                effect of this direct final rule and                    A. Executive Order 13132, Federalism                  Portal (http://www.regulations.gov);
                                                determined that it will have only a                       The FAA has analyzed this final rule                  2. Visiting the FAA’s Regulations and
                                                domestic impact and therefore no effect                 under the principles and criteria of                  Policies Web page at http://
                                                on international trade.                                 Executive Order 13132, Federalism. The                www.faa.gov/regulations_policies or
                                                                                                        agency determined that this action will                 3. Accessing the Government Printing
                                                D. Unfunded Mandates Assessment
                                                                                                        not have a substantial direct effect on               Office’s Web page at http://
                                                   Title II of the Unfunded Mandates                    the States, or the relationship between               www.gpo.gov/fdsys/.
                                                Reform Act of 1995 (Pub. L. 104–4)                      the Federal Government and the States,                  Copies may also be obtained by
                                                requires each Federal agency to prepare                 or on the distribution of power and                   sending a request to the Federal
                                                a written statement assessing the effects               responsibilities among the various                    Aviation Administration, Office of
                                                of any Federal mandate in a proposed or                 levels of government, and, therefore,                 Rulemaking, ARM–1, 800 Independence
                                                final agency rule that may result in an                 does not have Federalism implications.                Avenue SW., Washington, DC 20591, or
                                                expenditure of $100 million or more (in                 B. Executive Order 13211, Regulations                 by calling (202) 267–9680. Commenters
                                                1995 dollars) in any one year by State,                 That Significantly Affect Energy Supply,              must identify the docket or amendment
                                                local, and tribal governments, in the                   Distribution, or Use                                  number of this rulemaking.
                                                aggregate, or by the private sector; such                                                                       All documents the FAA considered in
                                                                                                          The FAA analyzed this final rule
                                                a mandate is deemed to be a ‘‘significant                                                                     developing this rulemaking action,
                                                                                                        under Executive Order 13211, Actions
                                                regulatory action.’’ The FAA currently                                                                        including economic analyses and
                                                                                                        Concerning Regulations that
                                                uses an inflation-adjusted value of $151                                                                      technical reports, may be accessed from
                                                                                                        Significantly Affect Energy Supply,
                                                million in lieu of $100 million.                        Distribution, or Use. The agency has                  the Internet through the Federal
                                                   This direct final rule does not contain              determined that it is not a ‘‘significant             eRulemaking Portal referenced in item
                                                such a mandate; therefore, the                          energy action’’ under the executive                   (1) above.
                                                requirements of Title II of the Act do not              order and it is not likely to have a                  List of Subjects
                                                apply.                                                  significant adverse effect on the supply,
                                                                                                        distribution, or use of energy.                       14 CFR Part 401
                                                E. Paperwork Reduction Act
                                                                                                        V. Additional Information                                Organization and functions
                                                   The Paperwork Reduction Act of 1995                                                                        (Government agencies), Space
                                                (44 U.S.C. 3507(d)) requires that the                   A. Comments Invited                                   transportation and exploration.
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                                                FAA consider the impact of paperwork                      The FAA invites interested persons to
                                                                                                                                                              14 CFR Part 413
                                                and other information collection                        participate in this rulemaking by
                                                burdens imposed on the public. The                      submitting written comments, data, or                   Confidential business information,
                                                FAA has determined that there is no                     views. The agency also invites                        Human space flight, Reporting and
                                                new requirement for information                         comments relating to the economic,                    recordkeeping requirements, Space
                                                collection associated with this direct                  environmental, energy, or federalism                  safety, Space transportation and
                                                final rule.                                             impacts that might result from adopting               exploration.


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                                                                 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations                                                30151

                                                14 CFR Part 414                                         signed by the person who signed the                      (iii) The physical electronic storage
                                                   Airspace, Aviation Safety, Space                     application or by an authorized                       must be in a format such that its
                                                transportation and exploration.                         representative of the applicant;                      contents cannot be altered.
                                                                                                           (ii) The cover letter must identify each              (3) For an application submitted by
                                                The Amendment                                           document that is included on the                      email, an applicant must send the
                                                  In consideration of the foregoing, the                physical electronic storage; and                      application as an email attachment to
                                                Federal Aviation Administration                            (iii) The physical electronic storage              ASTApplications@faa.gov. The
                                                amends chapter III of title 14, Code of                 must be in a format such that its                     application and the email to which the
                                                Federal Regulations as follows:                         contents cannot be altered.                           application is attached must also satisfy
                                                                                                           (3) For an application submitted by                the following criteria:
                                                PART 401—ORGANIZATION AND                               email, an applicant must send the                        (i) The email to which the application
                                                DEFINITIONS                                             application as an email attachment to                 is attached must be sent from an email
                                                                                                        ASTApplications@faa.gov. The                          address controlled by the person who
                                                ■ 1. The authority citation for part 401                application and the email to which the                signed the application or by an
                                                continues to read as follows:                           application is attached must also satisfy             authorized representative of the
                                                    Authority: 51 U.S.C. 50901–50923.                   the following criteria:                               applicant; and
                                                                                                           (i) The email to which the application                (ii) The application must be in a
                                                ■ 2. In § 401.5, add a definition in                    is attached must be sent from an email
                                                alphabetical order for physical                                                                               format that cannot be altered.
                                                                                                        address controlled by the person who
                                                electronic storage to read as follows:                  signed the application or by an                       *       *    *    *     *
                                                                                                        authorized representative of the                        Issued under authority provided by 49
                                                § 401.5   Definitions.
                                                                                                        applicant; and                                        U.S.C. 106(f), and 51 U.S.C. 50904–50905 in
                                                *     *     *    *     *                                   (ii) The application must be in a                  Washington, DC, on April 30, 2015.
                                                  Physical electronic storage means a                   format that cannot be altered.                        Michael P. Huerta,
                                                physical device that can store electronic                                                                     Administrator.
                                                documents and files including but not                   *       *    *     *     *
                                                                                                                                                              [FR Doc. 2015–12556 Filed 5–26–15; 8:45 am]
                                                limited to an optical disc, a memory                    PART 414—SAFETY APPROVALS                             BILLING CODE 4910–13–P
                                                card, a USB flash drive, or an external
                                                hard drive.                                             ■ 5. The authority citation for part 414
                                                *     *     *    *     *                                continues to read as follows:
                                                                                                                                                              DEPARTMENT OF HEALTH AND
                                                                                                            Authority: 51 U.S.C. 50901–50923.
                                                PART 413—LICENSE APPLICATION                                                                                  HUMAN SERVICES
                                                PROCEDURES                                              ■ 6. In § 414.11, revise paragraph (a) to
                                                                                                        read as follows:                                      Food and Drug Administration
                                                ■ 3. The authority citation for part 413
                                                                                                        § 414.11   Application.                               21 CFR Parts 310, 314, 329, and 600
                                                continues to read as follows:
                                                                                                          (a) An applicant must make an
                                                    Authority: 51 U.S.C. 50901–50923.                   application in writing and in English.                [Docket No. FDA–2008–N–0334]
                                                ■ 4. In § 413.7, revise paragraph (a) to                The applicant must file the application               RIN 0910–AF96
                                                read as follows:                                        with the Federal Aviation
                                                                                                        Administration either by paper, by use                Postmarketing Safety Reports for
                                                § 413.7   Application.                                  of physical electronic storage, or by                 Human Drug and Biological Products;
                                                  (a) An applicant must make an                         email in the following manner:                        Electronic Submission Requirements;
                                                application in writing and in English.                    (1) For an application submitted on                 Delay of Compliance Date; Safety
                                                The applicant must file the application                 paper, an applicant must send two                     Reporting Portal of Electronic
                                                with the Federal Aviation                               copies of the application to the Federal              Submission of Postmarketing Safety
                                                Administration either by paper, by use                  Aviation Administration, Associate                    Reports for Human Drugs and
                                                of physical electronic storage, or by                   Administrator for Commercial Space                    Nonvaccine Biological Products
                                                email in the following manner:                          Transportation, Room 331, 800
                                                  (1) For applications submitted on                     Independence Avenue SW.,                              AGENCY:   Food and Drug Administration,
                                                paper, an applicant must send two                       Washington, DC 20591. Attention:                      HHS.
                                                copies of the application to the Federal                Application Review.                                   ACTION:   Final rule; delay of compliance
                                                Aviation Administration, Associate                        (2) For an application submitted by                 date.
                                                Administrator for Commercial Space                      use of physical electronic storage, the
                                                Transportation, Room 331, 800                           applicant must either mail the                        SUMMARY:    The Food and Drug
                                                Independence Avenue SW.,                                application to the address specified in               Administration (FDA or Agency) is
                                                Washington, DC 20591. Attention:                        paragraph (a)(1) of this section or hand-             delaying the compliance date for the
                                                Application Review.                                     deliver the application to an authorized              final rule for the electronic submission
                                                  (2) For an application submitted by                   FAA representative. The application                   of postmarketing safety reports for
                                                use of physical electronic storage, the                 and the physical electronic storage                   human drugs and biological products
                                                applicant must either mail the                          containing the application must also                  that published in the Federal Register of
                                                application to the address specified in                 satisfy all of the following criteria:                June 10, 2014. The rule amended FDA’s
                                                paragraph (a)(1) of this section or hand-                 (i) The application must include a                  postmarketing safety reporting
mstockstill on DSK4VPTVN1PROD with RULES




                                                deliver the application to an authorized                cover letter that is printed on paper and             regulations for human drugs and
                                                FAA representative. The application                     signed by the person who signed the                   biological products to require that
                                                and the physical electronic storage                     application or by an authorized                       persons subject to mandatory reporting
                                                containing the application must also                    representative of the applicant;                      requirements submit safety reports in an
                                                satisfy all of the following criteria:                    (ii) The cover letter must identify each            electronic format that FDA can process,
                                                  (i) The application must include a                    document that is included on the                      review, and archive. FDA is also
                                                cover letter that is printed on paper and               physical electronic storage; and                      announcing the availability of the Safety


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Document Created: 2015-12-15 15:35:53
Document Modified: 2015-12-15 15:35:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule; request for comments.
DatesEffective July 27, 2015.
ContactFor technical questions concerning this action, contact Shirley McBride, Office of Commercial Space Transportation, Regulations and Analysis Division, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267- 7470; email [email protected]
FR Citation80 FR 30147 
RIN Number2120-AK58
CFR Citation14 CFR 401
14 CFR 413
14 CFR 414
CFR AssociatedOrganization and Functions (government Agencies); Space Transportation and Exploration; Confidential Business Information; Human Space Flight; Reporting and Recordkeeping Requirements; Space Safety; Airspace and Aviation Safety

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