[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Rules and Regulations]
[Pages 13448-13449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 404, 413, 414, 415, 417, 420, 431, 433, 435, 437, 
440, 450, and 460

[Docket No. FAA-2019-0229; Amdt. No(s). 401-9; 404-7, 413-12, 414-4, 
415-7, 417-6, 420-9, 431-7, 433- 3, 435-5, 437-3, 440-5, 450-2, and 
460-3]
RIN 2120-AL17


Streamlined Launch and Reentry License Requirements

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2021, from 
the Assistant to the President and Chief of Staff, titled ``Regulatory 
Freeze Pending Review,'' the Department delays the effective date of 
the final rule, titled ``Streamlined Launch and Reentry License 
Requirements,'' until March 21, 2021.

DATES: As of March 9, 2021, the March 10, 2021 effective date of the 
final rule published on December 10, 2020, at 85 FR 79566, is delayed 
to March 21, 2021.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Randy Repcheck, Office of Commercial Space 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-8760; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the ``Streamlined Launch and Reentry License 
Requirements'' notice of proposed rulemaking (NPRM) (84 FR 15296, April 
15, 2019), all comments received, the final rule, and all background 
material may be viewed online at http://www.regulations.gov using the 
docket number listed above. A copy of this final rule will also be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at http://www.ofr.gov 
and the Government Publishing Office's website at http://www.gpo.gov.

Background

    On January 20, 2021, the Assistant to the President and Chief of 
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.'' 
The memorandum requested that the heads of executive departments and 
agencies (agencies) take steps to ensure that the President's 
appointees or designees have the opportunity to review any new or 
pending rules. With respect to rules published in the Federal Register, 
but not yet effective, the memorandum asked that agencies consider 
postponing the rules' effective dates for 60 days from the date of the 
memorandum (i.e., March 21, 2021) for the purpose of reviewing any 
questions of fact, law, and policy the rules may raise.
    In accordance with this direction, the FAA has decided to delay the 
March 10, 2021 effective date of the final rule, titled ``Streamlined 
Launch and Reentry License Requirements'' (RIN 2120-AL17), until March 
21, 2021. This final rule will streamline and increase flexibility in 
the FAA's commercial space launch and reentry regulations, and remove 
obsolete requirements It will also consolidate and revise multiple 
regulatory parts and apply a single set of licensing and safety 
regulations across several types of operations and vehicles. Finally, 
the rule will describe the requirements to obtain a vehicle operator 
license, the safety requirements, and the terms and conditions of a 
vehicle operator license.
    The delay in the rule's effective date will afford the President's 
appointees or designees an opportunity to review the rule and will 
allow for consideration of any questions of fact, law, or policy that 
the rule may raise before it becomes effective.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
FAA generally offers interested parties the opportunity to comment on 
proposed regulations and publishes rules not less than 30 days before 
their effective dates. However, the APA provides that an agency is not 
required to conduct notice-and-comment rulemaking or

[[Page 13449]]

delay effective dates when the agency, for good cause, finds that the 
requirement is impracticable, unnecessary, or contrary to the public 
interest (5 U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive 
both of these requirements here as they are impracticable. A delay in 
the effective date of the final rule, titled ``Streamlined Launch and 
Reentry License Requirements,'' is necessary for the President's 
appointees and designees to have adequate time to review the rule 
before it takes effect, and neither the notice and comment process nor 
the delayed effective date could be implemented in time to allow for 
this review.

    Issued in Washington, DC, under the authority in 49 U.S.C. 
106(f) and 51 U.S.C. Chapter 509, on February 22, 2021.
Steve Dickson,
Administrator.
[FR Doc. 2021-04068 Filed 3-8-21; 8:45 am]
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