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The FAA considered the option of not commencing any review of an application and thus of not starting to count the 180-day statutory time limit until the application was complete in order to ensure that the FAA did not receive piecemeal applications. The FAA also considered rejecting or denying an incomplete application, which would also prevent the 180-day review period from commencing. Instead, the FAA determined that if an applicant presented sufficient material to allow at least some meaningful review to commence, the FAA would do so in the interests of the applicant. Commencing the review of even an incomplete application should allow for earlier identification of required information not addressed, hasten the process and increase efficiency.
In order for the FAA to review an application, however, the application must be sufficiently complete to allow review to commence. Accordingly, under section 413.13, the FAA’s acceptance of an application does not constitute a determination that the application is complete. That section now contains an additional provision that was not explicit in the NPRM. The new provision clarifies that the FAA may ask for additional information in the course of the licensing process. It states that if, in addition to the information required by the applicable parts of this chapter, the FAA requires other information necessary for a determination that public health and safety, safety of property and national security and foreign policy interests of the United States are protected during the conduct of a licensed activity, an applicant shall submit the additional information required to show compliance with this chapter. The FAA anticipates that there will be situations where an applicant’s proposal contemplates activities, vehicle configurations or technologies not envisioned in the course of this rulemaking. In that case, it is necessary for the regulations to reflect clearly the FAA’s authority to request additional information prior to issuing a license.
Although review of an incomplete application may commence, section 413.13 requires an applicant to complete an incomplete application, and section 413.15 allows for tolling in the event an applicant does not submit the remaining material in sufficient time to avoid affecting the evaluation process. Section 413.15, a new provision, tolls, or stops the clock of, the review period of 180 days when an applicant fails to provide information required for the FAA to complete its review. Although the FAA will commence its application review once it receives a substantially complete application, the fact that an application is only substantially complete means that more information may be required before the application is entirely complete. If an application does not address requests for required information in sufficient detail, or if the application contains inconsistencies, the FAA will advise the applicant and provide a time by which the requested information must be provided. Once the deadline has passed, and while the FAA waits for any information necessary to complete its review, the 180-day time limit on the FAA does not run. The FAA considered the option of denying a license and returning the application for resubmission if the requested information were not submitted within the time provided. Because of the new submission of the application, a new 180-day review period would commence. This course would provide the applicant a strong incentive to respond to the FAA's information request in a timely fashion, and, perhaps, result in the processing of only those applications where the applicant possesses the actual capacity to respond. This would discourage frivolous applications. The FAA determined, however, that most applicants, provided with information regarding how soon the FAA would require information necessary to complete a review, would respond in the time allotted. Thus, so extreme an incentive would not be required. However, it has been the FAA's experience that applicants do not always respond in a timely fashion to requests from the FAA for clarification or additional information. Accordingly, some incentive to respond promptly is necessary, and in the event an applicant fails to respond within the time provided, the FAA will toll the 180-day statutory review period.
　
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本文鏈接地址：Commercial Space Transportation Licensing Regulations(23)