[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Rules and Regulations]
[Page 9509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3209]



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  Federal Register / Vol. 66, No. 27 / Thursday, February 8, 2001 / 
Rules and Regulations  

[[Page 9509]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 405 and 406

[Docket No. FAA-2001-8607; Amendment Nos. 405-2, 406-2]
RIN 2120-AH18


Civil Penalty Actions in Commercial Space Transportation: Delay 
of Effective Date

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with a memorandum of January 20, 2001, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Review Plan,'' published in the Federal Register on January 24, 2001, 
this action temporarily delays for 60 days the effective date of a rule 
entitled Civil Penalty Actions in Commercial Space Transportation, 
published in the Federal Register on January 10, 2001 (66 FR 2176). 
That rule amends the procedures for assessment and adjudication of 
civil penalties in space transportation enforcement actions.

DATES: The effective date of the final rule amending 14 CFR part 405 
and revising 14 CFR part 406 published in the Federal Register on 
January 10, 2001, at 66 FR 2176, is delayed for 60 days, from February 
9, 2001, until April 10, 2001.

FOR FURTHER INFORMATION CONTACT: Mardi Ruth Thompson, Office of the 
Chief Counsel (AGC-200A), Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591: telephone (202) 267-
3073, facsimile (202) 267-5106, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In accordance with a memorandum of January 20, 2001, from the 
Assistant to the President and Chief of Staff, entitled ``Regulatory 
Review Plan,'' published in the Federal Register on January 24, 2001 
(66 FR 7702), this action temporarily delays for 60 days the effective 
date of a rule entitled Civil Penalty Actions in Commercial Space 
Transportation, published in the Federal Register on January 10, 2001 
(66 FR 2176). That rule amends the procedures for assessment and 
adjudication of civil penalties in space transportation enforcement 
actions.

Good Cause for No Notice and Immediate Adoption

    To the extent that 5 U.S.C. section 553 applies to this action, it 
is exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. section 553(b)(A). Alternatively, the FAA's 
implementation of this action without opportunity for public comment, 
effective immediately upon publication today in the Federal Register, 
is based on the good cause exceptions in 5 U.S.C. section 553(b)(B) and 
553(d)(3). Seeking public comment is impracticable, unnecessary and 
contrary to the public interest. The temporary 60-day delay in 
effective date is necessary to give Department officials the 
opportunity for further review and consideration of new regulations, 
consistent with the Assistant to the President's memorandum of January 
20, 2001. Given the imminence of the effective date, seeking prior 
public comment on this temporary delay would have been impractical, as 
well as contrary to the public interest in the orderly promulgation and 
implementation of regulations. The imminence of the effective date is 
also good cause for making this action effective immediately upon 
publication. This action does not affect the close of the comment 
period, which remains February 9, 2001.

    Issued in Washington, DC on January 31, 2001.
Patricia G. Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 01-3209 Filed 2-7-01; 8:45 am]
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