1、485 SUBCHAPTER AGENERAL PART 400BASIS AND SCOPE Sec. 400.1 Basis. 400.2 Scope. AUTHORITY: 49 U.S.C. 7010170121. SOURCE: Docket No. 43810, 53 FR 11013, Apr. 4, 1988, unless otherwise noted. 400.1 Basis. The basis for the regulations in this chapter is the Commercial Space Launch Act of 1984, and appl
2、icable treaties and international agreements to which the United States is party. 400.2 Scope. These regulations set forth the proce-dures and requirements applicable to the authorization and supervision under 49 U.S.C. Subtitle IX, chapter 701, of commercial space transpor-tation activities conduct
3、ed in the United States or by a U.S. citizen. The regulations in this chapter do not apply to amateur rockets activities, as defined in 14 CFR 1.1, or to space ac-tivities carried out by the United States Government on behalf of the United States Government. Doc. No. FAA200727390, 73 FR 73782, Dec.
4、4, 2008 PART 401ORGANIZATION AND DEFINITIONS Sec. 401.1 The Office of Commercial Space Transportation. 401.3 The Associate Administrator for Com-mercial Space Transportation. 401.5 Definitions. AUTHORITY: 49 U.S.C. 7010170121. SOURCE: Docket No. 43810, 53 FR 11013, Apr. 4, 1988, unless otherwise not
5、ed. 401.1 The Office of Commercial Space Transportation. The Office of Commercial Space Transportation, referred to in these regulations as the Office, is a line of business within the Federal Aviation Administration and is located in the Federal Aviation Administration Head-quarters, 800 Independen
6、ce Avenue, SW., Room 331, Washington, DC 20591. Amdt. 4013, 68 FR 35289, June 13, 2003 401.3 The Associate Administrator for Commercial Space Transpor-tation. The Office is headed by an Associate Administrator to exercise the Sec-retarys authority to license or permit and otherwise regulate commerci
7、al space transportation and to discharge the Secretarys responsibility to en-courage, facilitate, and promote com-mercial space transportation by the United States private sector. Doc. No. FAA200624197, 72 FR 17016, Apr. 6, 2007 401.5 Definitions. As used in this chapter Act means 49 U.S.C. Subtitle
8、 IX, Commercial Space Transportation, ch. 701Commercial Space Launch Activi-ties, 49 U.S.C. 7010170121. Associate Administrator means the As-sociate Administrator for Commercial Space Transportation, Federal Avia-tion Administration, or any person des-ignated by the Associate Adminis-trator to exerc
9、ise the authority or dis-charge the responsibilities of the Asso-ciate Administrator. Casualty means serious injury or death. Contingency abort means cessation of vehicle flight during ascent or descent in a manner that does not jeopardize public health and safety and the safety of property, in acco
10、rdance with mission rules and procedures. Contingency abort includes landing at an alter-native location that has been des-ignated as a contingency abort loca-tion in advance of vehicle flight. Crew means any employee or inde-pendent contractor of a licensee, trans-feree, or permittee, or of a contr
11、actor or subcontractor of a licensee, trans-feree, or permittee, who performs ac-tivities in the course of that employ-ment or contract directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry ve-hicle that carries human beings. A VerDate Mar2010 13:23 Feb 23
12、, 2011 Jkt 223046 PO 00000 Frm 00495 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-486 14 CFR Ch. III (1111 Edition) 401.5 crew consists of flight crew and any re-mot
13、e operator. Emergency abort means cessation of vehicle flight during ascent or descent in a manner that minimizes risk to public health and safety and the safety of property. Emergency abort involves failure of a vehicle, safety-critical sys-tem, or flight safety system such that contingency abort i
14、s not possible. Equivalent level of safety means an approximately equal level of safety as determined by qualitative or quan-titative means. Expendable launch vehicle means a launch vehicle whose propulsive stages are flown only once. Experimental permit or permit means an authorization by the FAA t
15、o a per-son to launch or reenter a reusable sub-orbital rocket. Federal launch range means a launch site, from which launches routinely take place, that is owned and operated by the government of the United States. Flight crew means crew that is on board a vehicle during a launch or re-entry. Flight
16、 safety system means a system designed to limit or restrict the haz-ards to public health and safety and the safety of property presented by a launch vehicle or reentry vehicle while in flight by initiating and accom-plishing a controlled ending to vehicle flight. A flight safety system may be destr
17、uctive resulting in intentional break up of a vehicle or non-destructive, such as engine thrust ter-mination enabling vehicle landing or safe abort capability. Hazardous materials means hazardous materials as defined in 49 CFR 172.101. Human space flight incident means an unplanned event that poses
18、a high risk of causing a serious or fatal injury to a space flight participant or crew. Instantaneous impact point means an impact point, following thrust termi-nation of a launch vehicle, calculated in the absence of atmospheric drag ef-fects. Launch means to place or try to place a launch vehicle
19、or reentry vehi-cle and any payload from Earth in a suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space, and includes preparing a launch vehicle for flight at a launch site in the United States. Launch includes the flight of a launch vehicle and includes pre- and post-f
20、light ground operations as follows: (1) Beginning of launch. (i) Under a li-cense, launch begins with the arrival of a launch vehicle or payload at a U.S. launch site. (ii) Under a permit, launch begins when any pre-flight ground operation at a U.S. launch site meets all of the following criteria: (
21、A) Is closely proximate in time to flight, (B) Entails critical steps preparatory to initiating flight, (C) Is unique to space launch, and (D) Is inherently so hazardous as to warrant the FAAs regulatory over-sight. (2) End of launch. (i) For launch of an orbital expendable launch vehicle (ELV), lau
22、nch ends after the licensees last exercise of control over its launch vehicle. (ii) For launch of an orbital reusable launch vehicle (RLV) with a payload, launch ends after deployment of the payload. For any other orbital RLV, launch ends upon completion of the first sustained, steady-state orbit of
23、 an RLV at its intended location. (iii) For a suborbital ELV or RLV launch, launch ends after reaching apo-gee if the flight includes a reentry, or otherwise after vehicle landing or im-pact on Earth, and after activities nec-essary to return the vehicle to a safe condition on the ground. Launch acc
24、ident means (1) An event that causes a fatality or serious injury (as defined in 49 CFR 830.2) to any person who is not associ-ated with the flight; (2) An event that causes damage esti-mated to exceed $25,000 to property not associated with the flight that is not located at the launch site or desig
25、nated recovery area; (3) An unplanned event occurring during the flight of a launch vehicle re-sulting in the impact of a launch vehi-cle, its payload or any component thereof: (i) For an expendable launch vehicle, outside designated impact limit lines; and VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223
26、046 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-487 Commercial Space Transportation, FAA, DOT 401.5 (ii) For a reusable launch vehicle, outside a
27、 designated landing site. (4) For a launch that takes place with a person on board, a fatality or se-rious injury to a space flight partici-pant or crew member. Launch incident means an unplanned event during the flight of a launch ve-hicle, other than a launch accident, in-volving a malfunction of
28、a flight safety system or safety-critical system, or a failure of the licensees or permittees safety organization, design, or oper-ations. Launch operator means a person who conducts or who will conduct the launch of a launch vehicle and any pay-load. Launch site means the location on Earth from whi
29、ch a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that loca-tion. Launch site safety assessment means an FAA assessment of a Federal launch range to determine if the range meets FAA safety requirements. A difference bet
30、ween range practice and FAA re-quirements is documented in the LSSA. Launch vehicle means a vehicle built to operate in, or place a payload in, outer space or a suborbital rocket. Mishap means a launch or reentry ac-cident, launch or reentry incident, launch site accident, failure to com-plete a lau
31、nch or reentry as planned, or an unplanned event or series of events resulting in a fatality or serious injury (as defined in 49 CFR 830.2), or result-ing in greater than $25,000 worth of damage to a payload, a launch or re-entry vehicle, a launch or reentry sup-port facility or government property
32、located on the launch or reentry site. Nominal means, in reference to launch vehicle performance, trajec-tory, or stage impact point, a launch vehicle flight where all vehicle aero-dynamic parameters are as expected, all vehicle internal and external sys-tems perform exactly as planned, and there ar
33、e no external perturbing influ-ences other than atmospheric drag and gravity. Operation of a launch site means the conduct of approved safety operations at a permanent site to support the launching of vehicles and payloads. Operation of a reentry site means the conduct of safety operations at a per-
34、manent site on Earth at which a re-entry vehicle and its payload, if any, is intended to land. Operator means a holder of a license or permit under 49 U.S.C. Subtitle IX, chapter 701. Payload means an object that a per-son undertakes to place in outer space by means of a launch vehicle, including co
35、mponents of the vehicle specifically designed or adapted for that object. Person means an individual or an en-tity organized or existing under the laws of a state or country. Populated area means (1) An outdoor location, structure, or cluster of structures that may be occu-pied by people; (2) Sectio
36、ns of roadways and water-ways that are frequented by auto-mobile and boat traffic; or (3) Agricultural lands, if routinely occupied by field workers. Pilot means a flight crew member who has the ability to control, in real time, a launch or reentry vehicles flight path. Public safety means, for a pa
37、rticular licensed launch, the safety of people and property that are not involved in supporting the launch and includes those people and property that may be located within the boundary of a launch site, such as visitors, individ-uals providing goods or services not re-lated to launch processing or
38、flight, and any other launch operator and its personnel. Reenter; reentry means to return or attempt to return, purposefully, a re-entry vehicle and its payload, if any, from Earth orbit or from outer space to Earth. The term reenter; reentry in-cludes activities conducted in Earth orbit or outer sp
39、ace to determine re-entry readiness and that are critical to ensuring public health and safety and the safety of property during reentry flight. The term reenter; reentry also includes activities conducted on the ground after vehicle landing on Earth to ensure the reentry vehicle does not pose a thr
40、eat to public health and safe-ty or the safety of property. Reentry accident means VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted w
41、ithout license from IHS-,-,-488 14 CFR Ch. III (1111 Edition) 401.5 (1) Any unplanned event occurring during the reentry of a reentry vehicle resulting in the impact of the reentry vehicle, its payload, or any component thereof, outside a designated reentry site; (2) An event that causes a fatality
42、or serious injury (as defined in 49 CFR 830.2) to any person who is not associ-ated with the reentry; (3) An event that causes damage esti-mated to exceed $25,000 to property not associated with the reentry and not lo-cated within a designated reentry site; and (4) For a reentry that takes place wit
43、h a person on board, a fatality or se-rious injury to a space flight partici-pant or crew member. Reentry incident means any un-planned event occurring during the re-entry of a reentry vehicle, other than a reentry accident, involving a malfunc-tion of a reentry safety-critical system or failure of
44、the licensees or permit-tees safety organization, procedures, or operations. Reentry operator means a person re-sponsible for conducting the reentry of a reentry vehicle as specified in a li-cense issued by the FAA. Reentry site means the location on Earth where a reentry vehicle is in-tended to ret
45、urn. It includes the area within three standard deviations of the intended landing point (the predicted three-sigma footprint). Reentry vehicle means a vehicle de-signed to return from Earth orbit or outer space to Earth substantially in-tact. A reusable launch vehicle that is designed to return fro
46、m Earth orbit or outer space to Earth substantially in-tact is a reentry vehicle. Remote operator means a crew mem-ber who (1) Has the ability to control, in real time, a launch or reentry vehicles flight path, and (2) Is not on board the controlled ve-hicle. Reusable launch vehicle (RLV) means a la
47、unch vehicle that is designed to re-turn to Earth substantially intact and therefore may be launched more than one time or that contains vehicle stages that may be recovered by a launch operator for future use in the operation of a substantially similar launch vehicle. Risk means a measure that acco
48、unts for both the probability of occurrence of a hazardous event and the con-sequence of that event to persons or property. Safety critical means essential to safe performance or operation. A safety critical system, subsystem, component, condition, event, operation, process, or item is one whose pro
49、per recognition, control, performance, or tolerance is essential to ensuring public safety. Something that is safety critical item creates a safety hazard or provide pro-tection from a safety hazard. Sigma means a single standard devi-ation from a fixed value, such as a mean. Space flight participant means an indi-vidual, who is not crew, carried aboard a launch vehicle or reentry vehicle. State and United States means, when used in a geogra
