时间：2015-01-22 15:14来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. 14 CFR: 13.17 FAA Order 2150.3B, Chapter 5:11(i) 1.4 EXEMPTIONS 1.4.1.1 APPLICABILITY (a) This subpart prescribes procedures for the request, review, and denial or issuance of exemptions from the Regulations of these Parts, as provided by §405 or §611 of the Civil Aviation Safety Act. 1.4.2 GENERAL (a) Any interested person may apply to the Authority for an exemption from these Regulations. (b) Only the Authority may issue exemptions, and no person may take or cause to be taken any action not in compliance with these Regulations unless the Authority has issued an applicable exemption to the person. (c) Exemptions will only be granted in extraordinary circumstances. 1.4.3 REQUIREMENTS FOR APPLICATION 1.4.3.1 GENERAL (a) Applications for an exemption should be submitted at least 60 days in advance of the proposed effective date, to obtain timely review. (b) The request must contain the applicant’s: (1) Name (2) Street address and mailing address, if different. (3) Telephone number (4) Fax number if available. (5) Email address if available. (6) Agent for all purposes related to the application. (c) If the applicant is not a citizen or legal resident of [STATE], the application must specify a [STATE] agent for service. 1.4.3.2 SUBSTANCE OF THE REQUEST FOR EXEMPTION (a) Applications must contain the following: (1) A citation of the specific requirement from which the applicant seeks relief; (2) Description of the type of operations to be conducted under the proposed exemption; (3) The proposed duration of the exemption; (4) An explanation of how the exemption would be in the public interest, that is, benefit the public as a whole. (5) A detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the Regulation in question (6) A review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware (7) If the applicant seeks to operate under the proposed exemption outside of [STATE] airspace, the application must also indicate whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organisation (ICAO). (b) If the applicant seeks emergency processing, the application must contain supporting facts and reasons that the application was not timely filed, and the reasons it is an emergency. The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply in a timely fashion. 1.4.4 REVIEW, PUBLICATION, AND ISSUE OR DENIAL OF THE EXEMPTION 1.4.4.1 INITIAL REVIEW BY THE AUTHORITY (a) The Authority will review the application for accuracy and compliance with the requirements of 1.4.3. (b) If the application appears on its face to satisfy the provisions of 1.4.3 and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application for comment and specify the date by which comments must be received by the Authority for consideration. (c) If the filing requirements of 1.4.3 have not been met, the Authority will notify the applicant and take no further action until the applicant complies with the requirements of 1.4.3. 1.4.4.2 EVALUATION OF THE REQUEST (a) After initial review, if the filing requirements have been satisfied, the Authority shall conduct an evaluation of the request to include: (1) A determination of whether an exemption would be in the public interest; (2) A determination, after a technical evaluation, of whether the applicant’s proposal would provide a level of safety equivalent to that established by the Regulation; (i) If it appears to the Authority that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis. (3) A determination, if the applicant seeks to operate under the exemption outside of [STATE] airspace, of whether a grant of the exemption would contravene the applicable ICAO Standards and Recommended Practices. (4) An evaluation of comments received from interested parties concerning the proposed exemption. (5) A recommendation, based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption. 1.4.4.3 NOTIFICATION OF DETERMINATION (a) The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request. The summary shall specify the duration of the exemption and any conditions or limitations to the exemption. (b) If the request is for emergency relief, the Authority will publish the application and/or the Authority’s decision as soon as possible after processing the application. (c) If the exemption affects a significant population of the aviation community of [STATE] the Authority shall also publish the summary in its aeronautical information publications. 1.4.4.4 EXTENSION OF THE EXEMPTION TO OTHER INTERESTED PARTIES (a) If the Authority determines that an exemption should be granted, other persons or organisations may apply to the Authority to be included in the relief granted. (b) Such applications shall be in accordance with the requirements of 1.4.3. (c) If the Authority determines that the request merits extension of the exemption to the applicant, it shall notify the applicant by letter, specifying the duration of the exemption, and listing any additional conditions that may pertain to the applicant that are not addressed in the underlying exemption. 1.5 DEFINITIONS Note: All definitions used in these regulations have been moved to this subsection for ease of reference. Definitions that are predominately used in specific Parts remain in those Parts for each of reference when using a particular Part. In some instances, definitions in the Model Civil Aviation Act may be different than the definition used in these Parts. This is because the laws tend to be written more broadly and may apply to different government agencies within [STATE]. The different government agencies within [STATE] will need to make definitions according to their specific need. Definitions in this Part use the ICAO definition, where available. Where ICAO uses a same term but with different definitions among the Annexes, all ICAO definitions are noted. (a) For the purpose of these regulations, the following definitions shall apply: (1) Accelerate-stop distance available (ASDA). The length of the take-off run available plus the length of stopway, if provided. (2) Acceptable. A rule of construction in Part 1.1.1.1 (a)(7) that means the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation. (3) Acceptance checklist. A document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met. (4) Accident. Definition used in a safety management context. An occurrence associated with the operations of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which: (i) a person is fatally or seriously injured as a result of: being in the aircraft, or direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or (ii) the aircraft sustains damage or structural failure which: adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or (iii) the aircraft is missing or is completely inaccessible. Note 1: For statistical uniformity only, an injury resulting in death within thirty days of the date of the accident is classified, by ICAO, as a fatal injury. Note 2: An aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located. Note 3: The type of unmanned aircraft system to be investigated is addressed in 5.1 of Annex 13. Note 4: Guidance for the determination of aircraft damage can be found in Attachment F of Annex 13. (5) Accountable manager. The person acceptable to the Authority who has corporate authority for ensuring that all activities can be financed and carried out to the standard required by the Authority, and any additional requirements defined by the operator. The accountable manager may delegate in writing to another person within the organisation, the day to day management but not the overall approval management responsibility. |
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