[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Rules and Regulations]
[Pages 35289-35290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 404, and 413

[Amendment No. 401-3, 404-2, 413-5]


Commercial Space Transportation; Licensing Regulations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is amending its commercial space transportation 
regulations to update an address and certain job titles, to accurately 
reflect the current organization of the regulations, and to delete some 
non-essential information. These administrative changes are necessary 
to keep our regulations clear, accurate, and current. The intended 
effect is to make our regulations easier for the public and regulated 
industry to use.

DATES: This rule is effective on June 13, 2003.

FOR FURTHER INFORMATION CONTACT: Charles Huet, Office of Commercial 
Space Transportation, 800 Independence Avenue, Washington, DC 20591; 
telephone (202) 385-4659.

SUPPLEMENTARY INFORMATION: The FAA is making some technical or 
administrative changes to its commercial space transportation 
regulations. These changes do not affect the substance of the existing 
regulations, impose no new requirements, and have no impact on 
activities carried out under the regulations.
    The Secretary of Transportation has delegated commercial space 
licensing authority, which had previously been a function within the 
Office of the Secretary, to the Federal Aviation Administration. As a 
result, the address of the Office of Commercial Space Transportation 
changed. The title of the head of the office changed. Also, the 
official who designates a legal officer for a regulatory hearing 
changed. Today's amendments reflect these changes.
    The Commercial Space Act of 1998 (Pub. L. 105-303) expanded the 
jurisdiction of the Office of Commercial Space Transportation. In 
addition to its previous responsibility, the office now licenses launch 
of a reusable launch vehicle, operation of a reentry site, and reentry 
of a reentry vehicle. Previously, the FAA amended the regulations to 
add parts addressing these areas. The FAA is now amending 14 CFR 413.1 
by adding a chart that guides the applicant to the appropriate part.

Procedural Matters

    Under the Administrative Procedure Act (APA), 5 U.S.C. 553, 
agencies must generally publish regulations for public comment and give 
the public at least 30 days notice before adopting regulations. There 
is an exception to these requirements if the agency for good cause 
finds that notice and public procedure are impracticable, unnecessary, 
or contrary to the public interest. In this case, the FAA finds that 
notice and comment requirements are unnecessary due to the 
administrative nature of the changes. The changes do not affect the 
rights or obligations of any regulated entity. It is in the public 
interest that the changes take effect promptly.

List of Subjects

14 CFR Part 401

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

14 CFR Part 404

    Administrative practice and procedure, Space transportation and 
exploration.

14 CFR Part 413

    Confidential business information, Space transportation and 
exploration.

The Amendment

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In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter I of Title 14, Code of Federal Regulations as follows:

PART 401--ORGANIZATION AND DEFINITIONS

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

    Authority: 49 U.S.C. 70101-70121.

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2. Revise Sec.  401.1 to read as follows:


Sec.  401.1  The Office of Commercial Space Transportation.

    The Office of Commercial Space Transportation, referred to in these 
regulations as the ``Office,'' is a line of business within the Federal 
Aviation Administration and is located in the Federal Aviation 
Administration Headquarters, 800 Independence Avenue, SW., Room 331, 
Washington, DC 20591.


Sec.  401.3  [Amended]

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3. Amend Sec.  401.3 by removing the words ``a Director'' and adding in 
its place the words ``an Associate Administrator''.

PART 404--REGULATIONS AND LICENSING REQUIREMENTS

0
4. The authority citation for part 404 continues to read as follows:

    Authority: 49 U.S.C. 70101-70121.


Sec. Sec.  404.3, 404.5, 404.11, 404.13, 404.17, and 404.19  [Amended]

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5. In 14 CFR part 404, remove the word ``Director'' and add, in its 
place, the words ``Associate Administrator'' in the following places:
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a. Section 404.3(c);
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b. Section 404.5;
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c. Section 404.11;
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d. Section 404.13;
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e. Section 404.17; and
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f. Section 404.19(b).

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6. Revise the second sentence of Sec.  404.19(b) to read as follows:


Sec.  404.19  Hearings.

* * * * *
    (b) * * * The FAA Chief Counsel designates a legal officer for the 
hearing.

PART 413--LICENSE APPLICATION PROCEDURES

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

    Authority: 49 U.S.C. 70101-70121.

0
8. Revise Sec.  413.1 to read as follows:


Sec.  413.1  Scope.

    (a) This part prescribes the procedures applicable to applications 
submitted under this chapter to conduct licensed activities. These 
procedures apply to all applications for issuance of a license, 
transfer of an existing license, and renewal of an existing license.
    (b) Use the following table to locate specific requirements:

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                            Subject                                Part
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(1) Launch License.............................................      415
(2) License to Operate a Launch Site...........................      420
(3) Launch and Reentry of a Reusable Launch Vehicle (RLV)......      431
(4) License to Operate a Reentry Site..........................      433

[[Page 35290]]

 
(5) Reentry of a Reentry Vehicle other than a Reusable Launch        435
 Vehicle (RLV).................................................
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    Issued in Washington, DC, on June 10, 2003.
Donald P. Byrne,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 03-14995 Filed 6-12-03; 8:45 am]
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