1、861 Commercial Space Transportation, FAA, DOT Pt. 437 435.24435.30 Reserved Subpart CSafety Review and Approval for Reentry of a Re-entry Vehicle 435.31 General. The FAA conducts a safety review to determine whether an applicant is ca-pable of reentering a reentry vehicle and payload, if any, to a d
2、esignated re-entry site without jeopardizing public health and safety and the safety of property. A safety approval is part of the licensing record on which the li-censing determination is based. 435.33 Safety review requirements and procedures. Unless otherwise stated in this sub-part, regulations
3、applicable to safety review and approval of the reentry of an RLV contained in part 431, subpart C of this subchapter shall apply to the safety review conducted for a license to reenter a reentry vehicle under this part. 435.35 Acceptable reentry risk for re-entry of a reentry vehicle. To obtain saf
4、ety approval for re-entry, an applicant must demonstrate that risk for the proposed reentry, when assessed in combination with launch of the reentry vehicle, does not exceed acceptable risk for the conduct of an RLV mission as defined in para-graphs (a) and (b) of 431.35 of this sub-chapter. 435.364
5、35.40 Reserved Subpart DPayload Reentry Review and Determination 435.41 General. The FAA conducts a payload reentry review to examine the policy and safe-ty issues related to the proposed re-entry of a payload, except a U.S. Gov-ernment payload, to determine wheth-er the FAA will approve the reentry
6、 of the payload. 435.43 Payload reentry review re-quirements and procedures. Unless otherwise indicated in this subpart, regulations contained in part 431, subpart D of this subchapter appli-cable to a payload reentry review and determination for reentering a payload using an RLV shall apply to the
7、pay-load reentry review conducted for a li-cense to reenter a reentry vehicle under this part. 435.44435.50 Reserved Subpart EPost-Licensing Re-quirementsReentry License Terms and Conditions 435.51 General. Unless otherwise indicated in this subpart, post-licensing requirements contained in part 431
8、 subpart E, of this subchapter applicable to a license to reenter an RLV shall apply to a license issued under this part. 435.52435.60 Reserved Subpart FEnvironmental Review 435.61 General. Unless otherwise indicated in this subpart, environmental review require-ments contained in part 431 subpart F
9、, applicable to a license to reenter an RLV shall apply to an application for a reentry license under this part. 435.62435.70 Reserved PART 436 RESERVED PART 437EXPERIMENTAL PERMITS Subpart AGeneral Information Sec. 437.1 Scope and organization of this part. 437.3 Definitions. 437.5 Eligibility for
10、an experimental permit. 437.7 Scope of an experimental permit. 437.9 Issuance of an experimental permit. 437.11 Duration of an experimental permit. 437.13 Additional experimental permit terms and conditions. 437.15 Transfer of an experimental permit. 437.17 Rights not conferred by an experi-mental p
11、ermit. Subpart BRequirements to Obtain an Experimental Permit 437.21 General. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00871 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted withou
12、t license from IHS-,-,-862 14 CFR Ch. III (1111 Edition) 437.1 PROGRAM DESCRIPTION 437.23 Program description. FLIGHT TEST PLAN 437.25 Flight test plan. OPERATIONAL SAFETY DOCUMENTATION 437.27 Pre-flight and post-flight operations. 437.29 Hazard analysis. 437.31 Verification of operating area con-ta
13、inment and key flight-safety event limitations. 437.33 Landing and impact locations. 437.35 Agreements. 437.37 Tracking. 437.39 Flight rules. 437.41 Mishap response plan. Subpart CSafety Requirements 437.51 Rest rules for vehicle safety oper-ations personnel. 437.53 Pre-flight and post-flight operat
14、ions. 437.55 Hazard analysis. 437.57 Operating area containment. 437.59 Key flight-safety event limitations. 437.61 Landing and impact locations. 437.63 Agreements with other entities in-volved in a launch or reentry. 437.65 Collision avoidance analysis. 437.67 Tracking a reusable suborbital rock-et
15、. 437.69 Communications. 437.71 Flight rules. 437.73 Anomaly recording, reporting and im-plementation of corrective actions. 437.75 Mishap reporting, responding, and in-vestigating. 437.77 Additional safety requirements. Subpart DTerms and Conditions of an Experimental Permit 437.81 Public safety re
16、sponsibility. 437.83 Compliance with experimental per-mit. 437.85 Allowable design changes; modifica-tion of an experimental permit. 437.87 Records. 437.89 Pre-flight reporting. 437.91 For-hire prohibition. 437.93 Compliance monitoring. 437.95 Inspection of additional reusable sub-orbital rockets. A
17、UTHORITY: 49 U.S.C. 7010170102. SOURCE: Docket No. FAA200624197, 72 FR 17019, Apr. 6, 2007, unless otherwise noted. Subpart AGeneral Information 437.1 Scope and organization of this part. (a) This part prescribes requirements for obtaining an experimental permit. It also prescribes post-permitting r
18、e-quirements with which a permittee must comply to maintain its permit. Part 413 of this subchapter contains procedures for applying for an experi-mental permit. (b) Subpart A contains general infor-mation about an experimental permit. Subpart B contains requirements to ob-tain an experimental permi
19、t. Subpart C contains the safety requirements with which a permittee must comply while conducting permitted activities. Sub-part D contains terms and conditions of an experimental permit. 437.3 Definitions. Anomaly means a problem that oc-curs during verification or operation of a system, subsystem,
20、 process, facility, or support equipment. Envelope expansion means any portion of a flight where planned operations will subject a reusable suborbital rock-et to the effects of altitude, velocity, acceleration, or burn duration that ex-ceed a level or duration successfully verified during an earlier
21、 flight. Exclusion area means an area, within an operating area, that a reusable sub-orbital rockets instantaneous impact point may not traverse. Key flight-safety event means a per-mitted flight activity that has an in-creased likelihood of causing a launch accident compared with other portions of
22、flight. Operating area means a three-dimen-sional region where permitted flights may take place. Permitted vehicle means a reusable suborbital rocket operated by a launch or reentry operator under an experi-mental permit. Reentry impact point means the loca-tion of a reusable suborbital rockets inst
23、antaneous impact point during its unpowered exoatmospheric suborbital flight. 437.5 Eligibility for an experimental permit. The FAA will issue an experimental permit to a person to launch or reenter a reusable suborbital rocket only for (a) Research and development to test new design concepts, new e
24、quipment, or new operating techniques; VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00872 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-,-,-863 Commercial S
25、pace Transportation, FAA, DOT 437.21 (b) A showing of compliance with re-quirements for obtaining a license under this subchapter; or (c) Crew training before obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. 437.7 Scope of an experiment
26、al per-mit. An experimental permit authorizes launch or reentry of a reusable sub-orbital rocket. The authorization in-cludes pre- and post-flight ground oper-ations as defined in this section. (a) A pre-flight ground operation in-cludes each operation that (1) Takes place at a U.S. launch site; and
27、 (2) Meets the following criteria: (i) Is closely proximate in time to flight, (ii) Entails critical steps preparatory to initiating flight, (iii) Is unique to space launch, and (iv) Is inherently so hazardous as to warrant the FAAs regulatory over-sight. (b) A post-flight ground operation in-cludes
28、 each operation necessary to re-turn the reusable suborbital rocket to a safe condition after it lands or im-pacts. 437.9 Issuance of an experimental permit. The FAA issues an experimental per-mit authorizing an unlimited number of launches or reentries for a sub-orbital rocket design for the uses d
29、e-scribed in 437.5. 437.11 Duration of an experimental permit. An experimental permit lasts for one year from the date it is issued. A per-mittee may apply to renew a permit yearly under part 413 of this sub-chapter. 437.13 Additional experimental per-mit terms and conditions. The FAA may modify an
30、experi-mental permit at any time by modi-fying or adding permit terms and con-ditions to ensure compliance with 49 U.S.C. Subtitle IX, ch. 701. 437.15 Transfer of an experimental permit. An experimental permit is not trans-ferable. 437.17 Rights not conferred by an ex-perimental permit. Issuance of
31、an experimental permit does not relieve a permittee of its obli-gation to comply with any requirement of law that applies to its activities. Subpart BRequirements to Obtain an Experimental Permit 437.21 General. To obtain an experimental permit an applicant must make the demonstra-tions and provide
32、the information re-quired by this section. (a) This subpart. An applicant must provide a program description, a flight test plan, and operational safety docu-mentation as required by this subpart. (b) Other regulations(1) Environ-mental. An applicant must provide enough information for the FAA to an
33、alyze the environmental impacts as-sociated with proposed reusable sub-orbital rocket launches or reentries. The information provided by an appli-cant must be sufficient to enable the FAA to comply with the requirements of the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and the Coun-c
34、il on Environmental Quality Regula-tions for Implementing the Procedural Provisions of the National Environ-mental Policy Act, 40 CFR parts 1500 1508. (2) Financial responsibility. An appli-cant must provide the information re-quired by part 3 of appendix A of part 440 for the FAA to conduct a maxim
35、um probable loss analysis. (3) Human space flight. An applicant proposing launch or reentry with flight crew or a space flight participant on board a reusable suborbital rocket must demonstrate compliance with 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51 and 460.53 of this subchapter. (c) Us
36、e of a safety approval. If an ap-plicant proposes to use any reusable suborbital rocket, safety system, proc-ess, service, or personnel for which the FAA has issued a safety approval under part 414 of this subchapter, the FAA VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00873 Fmt 8010
37、Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-864 14 CFR Ch. III (1111 Edition) 437.23 will not reevaluate that safety element to the extent its use is within its ap-proved en
38、velope. As part of the applica-tion process, the FAA will evaluate the integration of that safety element into vehicle systems or operations. (d) Inspection before issuing a permit. Before the FAA issues an experimental permit, an applicant must make each reusable suborbital rocket planned to be flo
39、wn available to the FAA for in-spection. The FAA will determine whether each reusable suborbital rock-et is built as represented in the appli-cation. (e) Other requirements. The FAA may require additional analyses, informa-tion, or agreements if necessary to pro-tect public health and safety, safety
40、 of property, and national security and foreign policy interests of the United States. PROGRAM DESCRIPTION 437.23 Program description. (a) An applicant must provide (1) Dimensioned three-view drawings or photographs of the reusable sub-orbital rocket; and (2) Gross liftoff weight and thrust profile
41、of the reusable suborbital rock-et. (b) An applicant must describe (1) All reusable suborbital rocket sys-tems, including any structural, flight control, thermal, pneumatic, hydrau-lic, propulsion, electrical, environ-mental control, software and com-puting systems, avionics, and guidance systems us
42、ed in the reusable suborbital rocket; (2) The types and quantities of all propellants used in the reusable sub-orbital rocket; (3) The types and quantities of any hazardous materials used in the reus-able suborbital rocket; (4) The purpose for which a reusable suborbital rocket is to be flown; and (
43、5) Each payload or payload class planned to be flown. (c) An applicant must identify any 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 (
44、3) For a joint venture, association, or other entity, identify any partici-pating foreign entities. FLIGHT TEST PLAN 437.25 Flight test plan. An applicant must (a) Describe any flight test program, including estimated number of flights and key flight-safety events. (b) Identify and describe the geo-
45、graphic coordinates of the boundaries of one or more proposed operating areas where it plans to perform its flights and that satisfy 437.57(b) of subpart C. The FAA may designate one or more exclusion areas in accordance with 437.57(c) of subpart C. (c) For each operating area, provide the planned m
46、aximum altitude of the reusable suborbital rocket. OPERATIONAL SAFETY DOCUMENTATION 437.27 Pre-flight and post-flight oper-ations. An applicant must demonstrate how it will meet the requirements of 437.53(a) and (b) to establish a safety clear zone and verify that the public is outside that zone bef
47、ore and during any hazardous operation. 437.29 Hazard analysis. (a) An applicant must perform a haz-ard analysis that complies with 437.55(a). (b) An applicant must provide to the FAA all the results of each step of the hazard analysis required by paragraph (a) of this section. 437.31 Verification o
48、f operating area containment and key flight-safety event limitations. (a) An applicant must identify, de-scribe, and provide verification evi-dence of the methods and systems used to meet the requirement of 437.57(a) to contain its reusable suborbital rockets instantaneous impact point within an ope
49、rating area and outside any exclu-sion area. The description must in-clude, at a minimum VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00874 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-,-,-865 Commercial Space
