Appendix C to Part 440 - Agreement for Waiver of Claims and Assumption of Responsibility for Permitted Activities
14:4.0.2.9.22.3.30.1.33 : Appendix C
Appendix C to Part 440 - Agreement for Waiver of Claims and
Assumption of Responsibility for Permitted Activities Part 1 -
Waiver of Claims and Assumption of Responsibility for Permitted
Activities With No Customer
This agreement is entered into this __ day of ____, by
and between [Permittee] (the “Permittee”) and the Federal Aviation
Administration of the Department of Transportation, on behalf of
the United States Government (collectively, the “Parties”), to
implement the provisions of § 440.17(c) of the Commercial Space
Transportation Licensing Regulations, 14 CFR Ch. III (the
“Regulations”). This agreement applies to [describe permitted
activity]. In consideration of the mutual releases and promises
contained herein, the Parties hereby agree as follows:
1. Definitions
Contractors and Subcontractors means entities defined by
§ 440.3 of the Regulations.
Permit means Permit No._______issued on ____________, by
the Associate Administrator for Commercial Space Transportation,
Federal Aviation Administration, Department of Transportation, to
the Permittee, including all permit orders issued in connection
with the Permit.
Permittee means the holder of the Permit issued under 51
U.S.C. Subtitle V, ch. 509.
United States means the United States and its agencies
involved in Permitted Activities. Except as otherwise defined
herein, terms used in this Agreement and defined in 51 U.S.C.
Subtitle V, ch. 509 - Commercial Space Launch Activities, or in the
Regulations, shall have the same meaning as contained in 51 U.S.C.
Subtitle V, ch. 509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Permittee hereby waives and releases claims it may have
against the United States, and against its Contractors and
Subcontractors, for Property Damage it sustains and for Bodily
Injury or Property Damage sustained by its own employees, resulting
from Permitted Activities, regardless of fault.
(b) The United States hereby waives and releases claims it may
have against Permittee and against its Contractors and
Subcontractors, for Property Damage it sustains resulting from
Permitted Activities, regardless of fault, to the extent that
claims it would otherwise have for such damage exceed the amount of
insurance or demonstration of financial responsibility required
under § 440.9(e) of the Regulations.
3. Assumption of Responsibility
(a) Permittee shall be responsible for Property Damage it
sustains and for Bodily Injury or Property Damage sustained by its
own employees, resulting from Permitted Activities, regardless of
fault. Permittee shall hold harmless and indemnify the United
States, and the Contractors and Subcontractors of the United
States, for Bodily Injury or Property Damage sustained by its own
employees, resulting from Permitted Activities, regardless of
fault.
(b) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under § 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release
of Claims
(a) Permittee shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(a) and
3(a), respectively, to its Contractors and Subcontractors by
requiring them to waive and release all claims they may have
against the United States, and against the Contractors and
Subcontractors of the United States, and to agree to be responsible
for Property Damage they sustain and to be responsible, hold
harmless, and indemnify the United States, and the Contractors and
Subcontractors of the United States, for Bodily Injury or Property
Damage sustained by their own employees, resulting from Permitted
Activities, regardless of fault.
(b) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Permittee, and against the
Contractors and Subcontractors of Permittee, and to agree to be
responsible, for any Property Damage they sustain, resulting from
Permitted Activities, regardless of fault, to the extent that
claims they would otherwise have for such damage exceed the amount
of insurance or demonstration of financial responsibility required
under § 440.9(e) of the Regulations.
5. Indemnification
Permittee shall hold harmless and indemnify the United States
and its agencies, servants, agents, subsidiaries, employees and
assignees, or any of them, from and against liability, loss, or
damage arising out of claims that Permittee's Contractors and
Subcontractors may have for Property Damage sustained by them and
for Bodily Injury or Property Damage sustained by their employees,
resulting from Permitted Activities and arising out of the
indemnifying party's failure to implement properly the waiver
requirement.
6. Assurances Under 51 U.S.C. 50914(e)
(a) Permittee shall hold harmless and indemnify Customer and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any Part 440 Customer and its directors, officers,
servants, agents, subsidiaries, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims that Permittee's Contractors and Subcontractors may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Permitted
Activities.
(b) Customer shall hold harmless and indemnify Permittee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any other customer and its directors, officers, servants,
agents, subsidiaries, employees and assignees, or any of them, from
and against liability, loss or damage arising out of claims that
Customer's Contractors, Subcontractors, and customers, may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Permitted
Activities.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Permittee or the United States of any claim by an
employee of the Permittee or the United States, respectively,
including a member of the Armed Forces of the United States, for
Bodily Injury or Property Damage, resulting from Permitted
Activities.
(b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility, or
agreement to hold harmless and indemnify herein shall not apply to
claims for Bodily Injury or Property Damage resulting from willful
misconduct of any of the Parties, the Contractors and
Subcontractors of any of the Parties, and in the case of Permittee
and its Contractors and Subcontractors, the directors, officers,
agents, and employees of any of the foregoing, and in the case of
the United States, its agents.
(c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
In witness whereof, the Parties to this Agreement have
caused the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
Permittee By: Its: Federal Aviation Administration of the
Department of Transportation on Behalf of the United States
Government By: Its: Associate Administrator for Commercial Space
Transportation Part 2 - Waiver of Claims and Assumption of
Responsibility for Permitted Activities With One Customer
This agreement is entered into this __ day of ____, by
and among [Permittee] (the “Permittee”), [Customer] (the
“Customer”) and the Federal Aviation Administration of the
Department of Transportation, on behalf of the United States
Government (collectively, the “Parties”), to implement the
provisions of § 440.17(c) of the Commercial Space Transportation
Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This
agreement applies to [describe permitted activity]. In
consideration of the mutual releases and promises contained herein,
the Parties hereby agree as follows:
1. Definitions
Contractors and Subcontractors means entities defined by
§ 440.3 of the Regulations.
Customer means the above-named Customer.
Part 440 Customer means a customer defined by § 440.3 of
the Regulations, other than the above-named customer.
Permit means Permit No. __ issued on ____, by the
Associate Administrator for Commercial Space Transportation,
Federal Aviation Administration, Department of Transportation, to
the Permittee, including all permit orders issued in connection
with the Permit.
Permittee means the holder of the Permit issued under 51
U.S.C. Subtitle V, ch. 509.
United States means the United States and its agencies
involved in Permitted Activities.
Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, ch. 509 - Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the
Regulations, respectively.
2. Waiver and Release of Claims
(a) Permittee hereby waives and releases claims it may have
against Customer, the United States, any Part 440 Customer, and
each of their respective Contractors and Subcontractors, for
Property Damage it sustains and for Bodily Injury or Property
Damage sustained by its own employees, resulting from Permitted
Activities, regardless of fault.
(b) Customer hereby waives and releases claims it may have
against Permittee, the United States, any other customer, and each
of their respective Contractors and Subcontractors, for Bodily
Injury or Property Damage sustained by its own employees, resulting
from Permitted Activities, regardless of fault.
(c) The United States hereby waives and releases claims it may
have against Permittee, Customer, any Part 440 Customer, and each
of their respective Contractors and Subcontractors, for Property
Damage it sustains, and for Bodily Injury or Property Damage
sustained by its own employees, resulting from Permitted
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under § 440.9(c) and (e), respectively, of the Regulations.
3. Assumption of Responsibility
(a) Permittee and Customer shall each be responsible for
Property Damage it sustains and for Bodily Injury or Property
Damage sustained by its own employees, resulting from Permitted
Activities, regardless of fault. Permittee and Customer shall each
hold harmless and indemnify each other, the United States, any
other customer, and the Contractors and Subcontractors of each, for
Bodily Injury or Property Damage sustained by its own employees,
resulting from Permitted Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under § 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release
of Claims
(a) Permittee shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(a) and
3(a), respectively, to its Contractors and Subcontractors by
requiring them to waive and release all claims they may have
against Customer, the United States, any Part 440 Customer, and
each of their respective Contractors and Subcontractors, and to
agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify Customer, the United
States, any Part 440 Customer, and each of their respective
Contractors and Subcontractors, for Bodily Injury or Property
Damage sustained by their own employees, resulting from Permitted
Activities, regardless of fault.
(b) Customer shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(b) and
3(a), respectively, to its customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Permittee, the United States, any other
customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Permittee, the United States, any other customer, and each of their
respective Contractors and Subcontractors, for Bodily Injury or
Property Damage sustained by their own employees, resulting from
Permitted Activities, regardless of fault.
(c) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(c) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Permittee, Customer, any
Part 440 Customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for any Property
Damage they sustain and for any Bodily Injury or Property Damage
sustained by their own employees, resulting from Permitted
Activities, regardless of fault, to the extent that claims they
would otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under § 440.9(c) and (e), respectively, of the Regulations.
5. Indemnification
(a) Permittee shall hold harmless and indemnify Customer and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any Part 440 Customer and its directors, officers,
servants, agents, subsidiaries, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims that Permittee's Contractors and Subcontractors may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Permitted
Activities and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
(b) Customer shall hold harmless and indemnify Permittee and its
directors, officers, servants, agents, subsidiaries, employees and
assignees, or any of them; the United States and its agencies,
servants, agents, subsidiaries, employees and assignees, or any of
them; and any other customer and its directors, officers, servants,
agents, subsidiaries, employees and assignees, or any of them, from
and against liability, loss or damage arising out of claims that
Customer's Contractors, Subcontractors, and customers, may have for
Property Damage sustained by them and for Bodily Injury or Property
Damage sustained by their employees, resulting from Permitted
Activities and arising out of the indemnifying party's failure to
implement properly the waiver requirement.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this Agreement to the contrary,
Permittee shall hold harmless and indemnify the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury or Property Damage, resulting from
Permitted Activities, regardless of fault, except to the extent
that: (i) As provided in paragraph 7(b) of this Agreement, claims
result from willful misconduct of the United States or its agents;
(ii) claims for Property Damage sustained by the United States or
its Contractors and Subcontractors exceed the amount of insurance
or demonstration of financial responsibility required under §
440.9(e) of the Regulations; (iii) claims by a Third Party for
Bodily Injury or Property Damage exceed the amount of insurance or
demonstration of financial responsibility required under § 440.9(c)
of the Regulations, and do not exceed $1,500,000,000 (as adjusted
for inflation after January 1, 1989) above such amount, and are
payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19
of the Regulations; or (iv) Licensee has no liability for claims
exceeding $1,500,000,000 (as adjusted for inflation after January
1, 1989) above the amount of insurance or demonstration of
financial responsibility required under § 440.9(c) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Permittee, Customer or the United States of any claim by
an employee of the Permittee, Customer or the United States,
respectively, including a member of the Armed Forces of the United
States, for Bodily Injury or Property Damage, resulting from
Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless and indemnify herein shall not apply to
claims for Bodily Injury or Property Damage resulting from willful
misconduct of any of the Parties, the Contractors and
Subcontractors of any of the Parties, any Part 440 Customer, the
Contractors and Subcontractors of any Part 440 Customer, and in the
case of Permittee, Customer, any Part 440 Customer, and the
Contractors and Subcontractors of each of them, the directors,
officers, agents and employees of any of the foregoing, and in the
case of the United States, its agents.
(c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
In witness whereof, the Parties to this Agreement have
caused the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
Permittee By: Its: Customer By: Its: Federal Aviation
Administration of the Department of Transportation on Behalf of the
United States Government By: Its: Associate Administrator for
Commercial Space Transportation Part 3 - Waiver of Claims and
Assumption of Responsibility for Permitted Activities With More
Than One Customer
This agreement is entered into this __ day of ____, by
and among [Permittee] (the “Permittee”); [List of Customers]; (with
[List of Customers] hereinafter referred to in their individual
capacity as “Customer”); and the Federal Aviation Administration of
the Department of Transportation, on behalf of the United States
Government (collectively, the “Parties”), to implement the
provisions of § 440.17(c) of the Commercial Space Transportation
Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This
agreement applies to [describe permitted activity].
In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:
1. Definitions
Contractors and Subcontractors means entities defined by
§ 440.3 of the Regulations.
Customer means each above-named Customer.
Part 440 Customer means a customer defined by § 440.3 of
the Regulations, other than the above-named Customer.
Permit means Permit No. __ issued on ____, by the
Associate Administrator for Commercial Space Transportation,
Federal Aviation Administration, Department of Transportation, to
the Permittee, including all permit orders issued in connection
with the Permit.
Permittee means the holder of the Permit issued under 51
U.S.C. Subtitle V, ch. 509.
United States means the United States and its agencies
involved in Permitted Activities. Except as otherwise defined
herein, terms used in this Agreement and defined in 51 U.S.C.
Subtitle V, ch. 509 - Commercial Space Launch Activities, or in the
Regulations, shall have the same meaning as contained in 51 U.S.C.
Subtitle V, ch. 509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Permittee hereby waives and releases claims it may have
against each Customer, the United States, any Part 440 Customer,
and each of their respective Contractors and Subcontractors, for
Property Damage it sustains and for Bodily Injury or Property
Damage sustained by its own employees, resulting from Permitted
Activities, regardless of fault.
(b) Each Customer hereby waives and releases claims it may have
against Permittee, the United States, any other customer, and each
of their Contractors and Subcontractors, for Property Damage it
sustains and for Bodily Injury or Property Damage sustained by its
own employees, resulting from Permitted Activities, regardless of
fault.
(c) The United States hereby waives and releases claims it may
have against Permittee, each Customer, any Part 440 Customer, and
each of their respective Contractors and Subcontractors, for
Property Damage it sustains, and for Bodily Injury or Property
Damage sustained by its own employees, resulting from Permitted
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under § 440.9(c) and (e), respectively, of the Regulations.
3. Assumption of Responsibility
(a) Permittee and each Customer shall each be responsible for
Property Damage it sustains and for Bodily Injury or Property
Damage sustained by its own employees, resulting from Permitted
Activities, regardless of fault. Permittee and each Customer shall
each hold harmless and indemnify each other, the United States, any
other customer, and the Contractors and Subcontractors of each, for
Bodily Injury or Property Damage sustained by its own employees,
resulting from Permitted Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage or injury exceed the amount of insurance or demonstration of
financial responsibility required under § 440.9(e) of the
Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release
of Claims
(a) Permittee shall extend the requirements of the waiver and
release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(a) and
3(a), respectively, to its Contractors and Subcontractors by
requiring them to waive and release all claims they may have
against each Customer, the United States, any Part 440 Customer,
and each of their respective Contractors and Subcontractors, and to
agree to be responsible, for Property Damage they sustain and to be
responsible, hold harmless and indemnify each Customer, the United
States, any Part 440 Customer, and each of their respective
Contractors and Subcontractors, for Bodily Injury or Property
Damage sustained by their own employees, resulting from Permitted
Activities, regardless of fault.
(b) Each Customer shall extend the requirements of the waiver
and release of claims, and the assumption of responsibility, hold
harmless, and indemnification, as set forth in paragraphs 2(b) and
3(a), respectively, to its customers, Contractors, and
Subcontractors, by requiring them to waive and release all claims
they may have against Permittee, the United States, any other
customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for Property Damage
they sustain and to be responsible, hold harmless and indemnify
Permittee, the United States, any other customer, and each of their
respective Contractors and Subcontractors, for Bodily Injury or
Property Damage sustained by their own employees, resulting from
Permitted Activities, regardless of fault.
(c) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(c) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Permittee, each Customer,
any Part 440 Customer, and each of their respective Contractors and
Subcontractors, and to agree to be responsible, for any Property
Damage they sustain and for any Bodily Injury or Property Damage
sustained by their own employees, resulting from Permitted
Activities, regardless of fault, to the extent that claims they
would otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under § 440.9(c) and (e), respectively, of the Regulations.
5. Indemnification
(a) Permittee shall hold harmless and indemnify each Customer
and its directors, officers, servants, agents, subsidiaries,
employees and assignees, or any of them; the United States and its
agencies, servants, agents, subsidiaries, employees and assignees,
or any of them; and any Part 440 Customer and its directors,
officers, servants, agents, subsidiaries, employees and assignees,
or any of them, from and against liability, loss or damage arising
out of claims that Permittee's Contractors and Subcontractors may
have for Property Damage sustained by them and for Bodily Injury
or Property Damage sustained by their employees, resulting from
Permitted Activities and arising out of the indemnifying
party's failure to implement properly the waiver requirement.
(b) Each Customer shall hold harmless and indemnify Permittee
and its directors, officers, servants, agents, subsidiaries,
employees and assignees, or any of them; the United States and its
agencies, servants, agents, subsidiaries, employees and assignees,
or any of them; and any other customer and its directors, officers,
servants, agents, subsidiaries, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims that each Customer's Contractors, Subcontractors, and
customers, may have for Property Damage sustained by them and for
Bodily Injury or Property Damage sustained by their employees,
resulting from Permitted Activities and arising out of the
indemnifying party's failure to implement properly the waiver
requirement.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this Agreement to the contrary,
Permittee shall hold harmless and indemnify the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury or Property Damage, resulting from
Permitted Activities, regardless of fault, except to the extent
that: (i) As provided in paragraph 7(b) of this Agreement, claims
result from willful misconduct of the United States or its agents;
(ii) claims for Property Damage sustained by the United States or
its Contractors and Subcontractors exceed the amount of insurance
or demonstration of financial responsibility required under §
440.9(e) of the Regulations; (iii) claims by a Third Party for
Bodily Injury or Property Damage exceed the amount of insurance or
demonstration of financial responsibility required under § 440.9(c)
of the Regulations, and do not exceed $1,500,000,000 (as adjusted
for inflation after January 1, 1989) above such amount, and are
payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19
of the Regulations; or (iv) Licensee has no liability for claims
exceeding $1,500,000,000 (as adjusted for inflation after January
1, 1989) above the amount of insurance or demonstration of
financial responsibility required under § 440.9(c) of the
Regulations.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by Permittee, any Customer or the United States of any
claim by an employee of the Permittee, any Customer or the United
States, respectively, including a member of the Armed Forces of the
United States, for Bodily Injury or Property Damage, resulting from
Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless and indemnify herein shall not apply to
claims for Bodily Injury or Property Damage resulting from willful
misconduct of any of the Parties, the Contractors and
Subcontractors of any of the Parties, any Part 440 Customer, the
Contractors and Subcontractors of any Part 440 Customer, and in the
case of Permittee, each Customer, any Part 440 Customer, and the
Contractors and Subcontractors of each of them, the directors,
officers, agents and employees of any of the foregoing, and in the
case of the United States, its agents.
(c) References herein to Customer shall apply to, and be deemed
to include, each such customer severally and not jointly.
(d) This Agreement shall be governed by and construed in
accordance with United States Federal law.
In witness whereof, the Parties to this Agreement have
caused the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
Permittee By: Its: Customer 1 By: Its:
[Signature lines for each additional customer]
Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government By: Its: [Doc. No.
FAA-2014-1012, Amdt. 440-4, 81 FR 55130, Aug. 18, 2016]