1、539SUBCHAPTER CLICENSINGPART 411POLICYSec.411.1 General.411.3 Review procedures.411.5 Safety approval.411.7 Mission approval.411.9 Information requirements.AUTHORITY: Secs. 3, 5 and 6, Pub. L. 989575(49 U.S.C. App. 2601 note).SOURCE: 53 FR 11015, Apr. 4, 1988, unlessotherwise noted. 411.1 General.Th
2、e Office of Commercial SpaceTransportation may issue and transferlicenses authorizing launches, the oper-ation of launch sites, or both. 411.3 Review procedures.(a) The evaluation of license requestsfor unmanned launches involves tworeviews, Safety Review and Mission Re-view, designed to address in
3、the mosteffective and least burdensome mannerthe two general areas of Federal con-cern: (1) the efficacy of the proposedsafety operations to support safe prepa-ration and launch of a launch vehicleand any payload; and (2) significantissues affecting United States nationalsecurity interests, foreign
4、policy inter-ests, or international obligations whichmight be associated with the proposedlaunch. These reviews may be con-ducted independently of each other andin whichever order, sequential or con-current, is more appropriate to theneeds of the applicant.(b) Requests for licenses authorizingthe op
5、eration of a launch site are re-viewed on the basis of the applicantscapability to operate a facility wheresafety operations are conducted on acontinuing basis as support for thelaunching of a specified class of launchvehicles. 411.5 Safety approval.(a) Applicants proposing to conductall of their ow
6、n safety operations at aprivate launch site must demonstratethat they possess the resources neededfor safe preparation and launch of alaunch vehicle and any payload to becarried by such vehicle. In these cir-cumstances, a comprehensive review ofthe applicants proposed safety oper-ations must be perf
7、ormed in order todetermine whether safety approval canbe granted.(b) If an applicant proposes to launchfrom a Federal range, as the Act en-courages, it is the Offices view that re-liance on safety-related launch prop-erty and services found at these rangesis an appropriate means of assuringthat the
8、applicants launch activitiescan be conducted safely. As a generalmatter, a commercial launch site oper-ated under the authority of a licenseissued by the Office should also be ca-pable of providing such an assurance ofsafety. If an applicant proposes to con-tract for the services of a Federalrange o
9、r a private launch site operatedunder the authority of a license issuedby the Office, safety approval will ordi-narily be given once the applicant hasbeen accepted by a range or site capa-ble of handling the launch activity pro-posed. All launch licenses issued underthese circumstances shall be cond
10、i-tioned by the requirements that theapplicant:(1) Comply with all specified safetyrequirements and procedures of therange or launch site in question and(2) Inform the Office of and obtain ap-proval for any planned or proposed de-viations from or alternatives to suchrequirements or procedures. 411.7
11、 Mission approval.(a) General. Mission approval isgranted unless some element of theproposed launch poses a threat to U.S.national security or foreign policy in-terests, constitutes a hazard to publichealth and safety or safety of property,or is inconsistent with internationalobligations of the Unit
12、ed States. TheOffice shall work with applicants tocorrect or eliminate any defect in aproposal which impedes granting mis-sion approval.(b) Payloads. A proposal to launchany foreign payload or a payload notcovered by existing FCC or NOAA regu-lation must be reviewed in consulta-tion with other appro
13、priate FederalVerDate 2399 09:37 Mar 23, 1999 Jkt 183043 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Y:SGML183043T.XXX pfrm07 PsN: 183043TProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-54014 CFR Ch. III (1199 Edition) 411.9agencies in order to determine t
14、hat thelaunch of such payload will not jeop-ardize public health and safety, safetyor property, or any national securityor foreign policy interest of the UnitedStates. The Office, when requested todo so, shall provide payload operatorsor owners with this determination inadvance of a launch license r
15、equest orrequest for mission approval. Subse-quent reviews of payloads within thesame category shall be considered on aroutine basis and shall focus on new ordistinctive elements of the specificpayload to be launched. 411.9 Information requirements.The Office shall make available cur-rent compilatio
16、ns of the basic informa-tion an applicant is required to submitin order to initiate an appropriate re-view of any proposed commerciallaunch activity subject to the Officesauthority. These information require-ments are not intended to be all-inclu-sive and the submission of the requiredinformation do
17、es not, in itself, dem-onstrate the qualifications of an appli-cant. The nature of individual pro-posals may require the submission ofadditional information.PART 413APPLICATIONSSec.413.1 Scope.413.3 Pre-application consultation.413.5 Application.413.7 Confidentiality.413.9 Review of applications.413
18、.11 Modifications.413.13 Issuance of license.413.15 Terms and conditions of license.413.17 Certain rights not conferred by li-cense.413.19 Substantial and significant changesin information furnished to the Office.AUTHORITY: 49 U.S.C. app. 2601 note.SOURCE: 53 FR 11016, Apr. 4, 1988, unlessotherwise
19、noted. 413.1 Scope.The regulations in this part prescribethe application procedures common tolicensing all commercial space launchactivities. The regulations applying ex-clusively to launch licenses are con-tained in Part 415 of this subchapter. 413.3 Pre-application consultation.Applicants are enco
20、uraged to consultwith the Office of Commercial SpaceTransportation at the earliest possibleplanning stages. Such consultationmay reveal potential problems with aproposal and allow changes to be madewhen they are less likely to result insignificant delay or costs to the appli-cant. 413.5 Application.
21、(a) Form. Applications shall be inwriting and filed in duplicate with theOffice of Commercial Space Transpor-tation, S50, 400 Seventh Street, SW.,Washington, DC 20590. Attention: Ap-plications Review Branch.(b) Types. Applications to the Officemay request issuance or transfer of alicense authorizing
22、 a launch or the op-eration of a launch site. Applicationsmay also be made, separately and inadvance of a license application, re-questing an approval or determinationthat must be secured before a licensecan be issued or transferred.(c) Signature. Applications shall besigned as follows:(1) For a cor
23、poration: By an officer au-thorized to act for the corporation inlicensing matters.(2) For a partnership or a sole propri-etorship: By a general partner or propri-etor, respectively; or(3) For an association or other entity:By a principal executive officer.53 FR 11016, Apr. 4, 1988, as amended at 56
24、FR 41068, Aug. 19, 1991; 58 FR 3827, Jan. 12,1993 413.7 Confidentiality.(a) Information or data submitted tothe Office may be designated as con-fidential by the person or agency fur-nishing such data or information.(b) A request that information ordata be treated confidentially shouldbe made in writ
25、ing at the time the in-formation is submitted and shouldstate the period of time for which con-fidential treatment is desired.(c) A request for confidential treat-ment will be associated with previouslysubmitted information to the extentthat it is practicable in light of priordistribution of such information.VerDate 2399 09:37 Mar 23, 1999 Jkt 183043 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Y:SGML183043T.XXX pfrm07 PsN: 183043TProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
