§ 437.85 Allowable design changes; modification of an experimental permit.

(a) The FAA will identify in the experimental permit the type of changes that the permittee may make to the reusable suborbital vehicle design without invalidating the permit. (b) Except for design changes made under paragraph (a) of this section, a permittee must ask the FAA to modify the experimental permit if— (1) It proposes to conduct permitted activities in a manner not authorized by the permit; or (2) Any representation in its permit application that is material to public health and safety or the safety of property is no longer accurate or complete. (c) A permittee must prepare an application to modify an experimental permit and submit it in accordance with part 413 of this subchapter. If requested during the application process, the FAA may approve an alternate method for requesting permit modifications. The permittee must indicate any part of its permit that would be changed or affected by a proposed modification. (d) When a permittee proposes a modification, the FAA reviews the determinations made on the experimental permit to decide whether they remain valid. (e) When the FAA approves a modification, it issues the permittee either a written approval or a permit order modifying the permit if a stated term or condition of the permit is changed, added, or deleted. An approval has the full force and effect of a permit order and is part of the permit record.