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§ 404.5
Action on petitions.
(a) General. No public hearing, argument or other proceeding is held on a petition before its disposition under this section.
(b) Grants. In the case of a petition for a waiver, the Associate Administrator may grant the waiver if the Associate Administrator determines that the waiver is in the public interest and will not jeopardize public health and safety, the safety or property, or any national security or foreign policy interest of the United States. In all other cases, if the Associate Administrator determines that the petition contains adequate justification, the Associate Administrator initiates a rulemaking action under Subpart B of this part.
(c) Denials. If the Associate Administrator determines that the petition does not justify initiating rulemaking action or granting the waiver, the petition is denied.
(d) Notification. Whenever the Associate Administrator determines that a petition should be granted or denied, the petitioner is notified of the Associate Administrator's action and the reasons supporting it.
(e) Reconsideration. Any person may petition FAA to reconsider a denial of a petition the person had filed. The petitioner must send a request for reconsideration within 60 days after being notified of the denial to the same address to which the original petition went. For FAA to accept the petition, the petitioner must show the following:
(1) There is a significant additional fact and the reason it was not included in the original petition;
(2) FAA made an important factual error in our denial of the original petition; or
(3) The denial by the FAA is not in accordance with the applicable law and regulations.
[53 FR 11013, Apr. 4, 1988, as amended by Amdt. 404-2, 68 FR 35289, June 13, 2003; Amdt. 404-3, 71 FR 51971, Aug. 31, 2006]