1、524 14 CFR Ch. III (1111 Edition) 414.39 on the record after an opportunity for a hearing. (c) An administrative law judge will be designated to preside over any hear-ing held under this part. 414.39 Submissions; oral presen-tations in safety approval actions. (a) Determinations in safety approval a
2、ctions under this part will be made on the basis of written submissions unless the administrative law judge, on peti-tion or on his or her own initiative, de-termines that an oral presentation is required. (b) Submissions must include a de-tailed exposition of the evidence or ar-guments supporting t
3、he petition. (c) Petitions must be filed as soon as practicable, but in no event more than 30 days after issuance of decision or finding under 414.37. 414.41 Administrative law judges recommended decision in safety ap-proval actions. (a) The Associate Administrator, who will make the final decision
4、on the matter at issue, will review the rec-ommended decision of the administra-tive law judge. The Associate Adminis-trator will make such final decision within 30 days of issuance of the rec-ommended decision. (b) The authority and responsibility to review and decide rests solely with the Associat
5、e Administrator and may not be delegated. PART 415LAUNCH LICENSE Subpart AGeneral Sec. 415.1 Scope. 415.3 Types of launch licenses. 415.5 Policy and safety approvals. 415.7 Payload determination. 415.8 Human space flight. 415.9 Issuance of a launch license. 415.11 Additional license terms and condi-
6、tions. 415.13 Transfer of a launch license. 415.15 Rights not conferred by launch li-cense. 415.16415.20 Reserved Subpart BPolicy Review and Approval 415.21 General. 415.23 Policy review. 415.25 Application requirements for policy review. 415.27 Denial of policy approval. 415.28415.30 Reserved Subpa
7、rt CSafety Review and Approval for Launch From a Federal Launch Range 415.31 General. 415.33 Safety organization. 415.35 Acceptable flight risk. 415.37 Flight readiness and communications plan. 415.39 Safety at end of launch. 415.41 Accident investigation plan. 415.43 Denial of safety approval. 415.
8、44415.50 Reserved Subpart DPayload Review and Determination 415.51 General. 415.53 Payloads not subject to review. 415.55 Classes of payloads. 415.57 Payload review. 415.59 Information requirements for payload review. 415.61 Issuance of payload determination. 415.63 Incorporation of payload determin
9、a-tion in license application. 415.64415.70 Reserved Subpart E Reserved Subpart FSafety Review and Approval for Launch of an Expendable Launch Ve-hicle From a Non-Federal Launch Site 415.91415.100 Reserved 415.101 Scope and applicability. 415.102 Definitions. 415.103 General. 415.105 Pre-application
10、 consultation. 415.107 Safety review document. 415.109 Launch description. 415.111 Launch operator organization. 415.113 Launch personnel certification pro-gram. 415.115 Flight safety. 415.117 Ground safety. 415.119 Launch plans. 415.121 Launch schedule. 415.123 Computing systems and software. 415.1
11、25 Unique safety policies, requirements and practices. 415.127 Flight safety system design and op-eration data. 415.129 Flight safety system test data. 415.131 Flight safety system crew data. 415.133 Safety at end of launch. 415.135 Denial of safety approval. 415.136415.200 Reserved Subpart GEnviron
12、mental Review 415.201 General. 415.203 Environmental information. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license fr
13、om IHS-,-,-525 Commercial Space Transportation, FAA, DOT 415.11 415.204415.400 Reserved APPENDIX A TO PART 415FAA/ USSPACECOM LAUNCH NOTIFICATION FORM APPENDIX B TO PART 415SAFETY REVIEW DOCUMENT OUTLINE AUTHORITY: 49 U.S.C. 7010170121. SOURCE: Amdt. 41503, 64 FR 19616, Apr. 21, 1999, unless otherwi
14、se noted. Subpart AGeneral 415.1 Scope. This part prescribes requirements for obtaining a license to launch a launch vehicle, other than a reusable launch vehicle (RLV), and post-licensing re-quirements with which a licensee must comply to remain licensed. Require-ments for preparing a license appli
15、ca-tion are in part 413 of this subchapter. Doc. No. FAA200624197, 72 FR 17019, Apr. 6, 2007 415.3 Types of launch licenses. (a) Launch-specific license. A launch- specific license authorizes a licensee to conduct one or more launches, having the same launch parameters, of one type of launch vehicle
16、 from one launch site. The license identifies, by name or mission, each launch authorized under the license. A licensees authorization to launch terminates upon completion of all launches authorized by the li-cense or the expiration date stated in the license, whichever occurs first. (b) Launch oper
17、ator license. A launch operator license authorizes a licensee to conduct launches from one launch site, within a range of launch param-eters, of launch vehicles from the same family of vehicles transporting speci-fied classes of payloads. A launch oper-ator license remains in effect for five years f
18、rom the date of issuance. 415.5 Policy and safety approvals. To obtain a launch license, an appli-cant must obtain policy and safety ap-provals from the FAA. Requirements for obtaining these approvals are con-tained in subparts B, C and F of this part. Only a launch license applicant may apply for t
19、he approvals, and may apply for either approval separately and in advance of submitting a com-plete license application, using the ap-plication procedures contained in part 413 of this subchapter. 415.7 Payload determination. A payload determination is required for a launch license unless the propos
20、ed payload is exempt from payload review under 415.53 of this part. The FAA conducts a payload review, as described in subpart D of this part, to make the determination. Either a launch license applicant or a payload owner or oper-ator may request a review of its pro-posed payload using the applicat
21、ion procedures contained in part 413 of this subchapter. Upon receipt of an applica-tion, the FAA may conduct a payload review independently of a launch li-cense application. 415.8 Human space flight. To obtain a launch license, an appli-cant proposing to conduct a launch with flight crew or a space
22、 flight par-ticipant on board must demonstrate compliance with 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51 and 460.53 of this subchapter. Doc. No. FAA200523449, 71 FR 75632, Dec. 15, 2006 415.9 Issuance of a launch license. (a) The FAA issues a launch license to an applicant who has obtaine
23、d all approvals and determinations required under this chapter for a license. (b) A launch license authorizes a li-censee to conduct a launch or launches in accordance with the representations contained in the licensees application, subject to the licensees compliance with terms and conditions conta
24、ined in license orders accompanying the li-cense, including financial responsi-bility requirements, and part 417 of this chapter. Amdt. 41503, 64 FR 19616, Apr. 21, 1999, as amended by Amdt. 4154, 71 FR 50531, Aug. 25, 2006 415.11 Additional license terms and conditions. The FAA may modify a launch
25、li-cense at any time by modifying or add-ing license terms and conditions to en-sure compliance with the Act and regu-lations. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Res
26、aleNo reproduction or networking permitted without license from IHS-,-,-526 14 CFR Ch. III (1111 Edition) 415.13 415.13 Transfer of a launch license. (a) Only the FAA may transfer a launch license. (b) An applicant for transfer of a launch license shall submit a license application in accordance wit
27、h part 413 of this subchapter and shall meet the requirements of part 415 of this sub-chapter. The FAA will transfer a li-cense to an applicant who has obtained all of the approvals and determinations required under this chapter for a li-cense. In conducting its reviews and issuing approvals and det
28、erminations, the FAA may incorporate by reference any findings made part of the record to support the initial licensing deter-mination. The FAA may modify a li-cense to reflect any changes necessary as a result of a license transfer. 415.15 Rights not conferred by launch license. Issuance of a launc
29、h license does not relieve a licensee of its obligation to comply with all applicable require-ments of law or regulation that may apply to its activities, nor does issuance confer any proprietary, prop-erty or exclusive right in the use of any federal launch range or related fa-cilities, airspace, o
30、r outer space. 415.16415.20 Reserved Subpart BPolicy Review and Approval 415.21 General. The FAA issues a policy approval to a license applicant unless the FAA de-termines that a proposed launch would jeopardize U.S. national security or foreign policy interests, or inter-national obligations of the
31、 United States. A policy approval is part of the licensing record on which the FAAs li-censing determination is based. 415.23 Policy review. (a) The FAA reviews a license appli-cation to determine whether it pre-sents any issues affecting U.S. national security or foreign policy interests, or intern
32、ational obligations of the United States. (b) Interagency consultation. (1) The FAA consults with the Department of Defense to determine whether a license application presents any issues affect-ing U.S. national security. (2) The FAA consults with the De-partment of State to determine wheth-er a lic
33、ense application presents any issues affecting U.S. foreign policy in-terests or international obligations. (3) The FAA consults with other fed-eral agencies, including the National Aeronautics and Space Administration, authorized to address issues identified under paragraph (a) of this section, as-
34、sociated with an applicants launch proposal. (c) The FAA advises an applicant, in writing, of any issue raised during a policy review that would impede issuance of a policy approval. The ap-plicant may respond, in writing, or re-vise its license application. 415.25 Application requirements for polic
35、y review. In its launch license application, an applicant shall (a) Identify the model and configura-tion of any launch vehicle proposed for launch by the applicant. (b) Identify structural, pneumatic, propellant, propulsion, electrical and avionics systems used in the launch ve-hicle and all propel
36、lants. (c) Identify foreign ownership of the applicant as follows: (1) For a sole proprietorship or part-nership, identify all foreign ownership; (2) For a corporation, identify any foreign ownership interests of 10% or more; and (3) For a joint venture, association, or other entity, identify any pa
37、rtici-pating foreign entities. (d) Identify proposed launch vehicle flight profile(s), including: (1) Launch site; (2) Flight azimuths, trajectories, and associated ground tracks and instanta-neous impact points; (3) Sequence of planned events or ma-neuvers during flight; (4) Range of nominal impact
38、 areas for all spent motors and other discarded mission hardware, within three stand-ard deviations of the mean impact point (a 3-sigma footprint); and (5) For each orbital mission, the range of intermediate and final orbits VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00536 Fmt 8010 S
39、fmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-527 Commercial Space Transportation, FAA, DOT 415.35 of each vehicle upper stage, and their estimated orbital lifetimes. 415.27 De
40、nial of policy approval. The FAA notifies an applicant, in writing, if it has denied policy approval for a license application. The notice states the reasons for the FAAs deter-mination. The applicant may respond to the reasons for the determination and request reconsideration. 415.28415.30 Reserved
41、 Subpart CSafety Review and Approval for Launch From a Federal Launch Range 415.31 General. (a) The FAA conducts a safety review to determine whether an applicant is capable of launching a launch vehicle and its payload without jeopardizing public health and safety and safety of property. The FAA is
42、sues a safety ap-proval to a license applicant proposing to launch from a Federal launch range if the applicant satisfies the require-ments of this subpart and has con-tracted with the Federal launch range for the provision of safety-related launch services and property, as long as an FAA launch sit
43、e safety assess-ment shows that the ranges launch services and launch property satisfy part 417 of this chapter. The FAA eval-uates on an individual basis all other safety-related launch services and property associated with an applicants proposal, in accordance with part 417 of this chapter. A safe
44、ty approval is part of the licensing record on which the FAAs licensing determination is based. (b) The FAA advises an applicant, in writing, of any issue raised during a safety review that would impede issuance of a safety approval. The ap-plicant may respond, in writing, or re-vise its license app
45、lication. Amdt. 41503, 64 FR 19616, Apr. 21, 1999, as amended by Amdt. 4154, 71 FR 50531, Aug. 25, 2006 415.33 Safety organization. (a) An applicant shall maintain a safety organization and document it by identifying lines of communication and approval authority for all launch safe-ty decisions. Lin
46、es of communication, both within the applicants organiza-tion and between the applicant and any federal launch range providing launch services, shall be employed to ensure that personnel perform launch safety operations in accordance with range safety requirements and with plans and procedures requi
47、red by this subpart. Approval authority shall be employed to ensure compliance with range safety requirements and with plans and proce-dures required by this subpart. (b) Safety official. An applicant shall identify by name, title, and qualifica-tions, a qualified safety official author-ized to exam
48、ine all aspects of the appli-cants launch safety operations and to monitor independently personnel com-pliance with the applicants safety policies and procedures. The safety of-ficial shall report directly to the per-son responsible for an applicants li-censed launches, who shall ensure that all of
49、the safety officials concerns are addressed prior to launch. 415.35 Acceptable flight risk. (a) Flight risk through orbital insertion or impact. Acceptable flight risk through orbital insertion for an orbital launch vehicle, and through impact for a suborbital launch vehicle, is meas-ured in terms of the expected average number of casualties (cc) to the collec-tive member
