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Some commenters dispute this conclusion, arguing that defining a launch to commence with a vehicle’s arrival results in different licensing treatment of different activities. The FAA recognizes this dilemma. It believes, however, that a single test such as a vehicle’s arrival will avoid an administrative burden on both the FAA and its licensees. Rather than creating an activity test, as recommended by some, which would result in a series of tests, the FAA will face only questions attendant to a single activity. Many of the questions that will plague determining when a vehicle arrives at a federal launch range— launch vehicles show up in parts, a lot of them—would also bedevil any particular hazardous activity related to the preparation of any particular vehicle for flight. Additionally, the FAA considers it outside of its statutory mandate to license pre-flight activities located outside of a launch site in light of the new definition of launch. That definition limits launch to activities taking place at a U.
S. launch site. In any event, that commercial operations exist outside of federal launch ranges to manufacture and process vehicle components and payloads indicates to the FAA that the hazards are not so extreme as to stifle the development of facilities and services off of a federal launch range. Additionally, as some of the comments indicate, insurance does appear to be available.
Another aspect of the FAA's definition attempts to capture those activities that constitute preparation for flight. For example, fueling for liquid-fueled vehicles usually takes place not long before flight to minimize the risks attendant to the exposure to a fueled vehicle, and the FAA would consider that activity to be a component of launch under the Act. On the other hand, the FAA does not intend a launch license to encompass components stored at a launch site for a considerable period of time prior to flight. The FAA is aware that the definition of launch may be construed to encompass motor storage as well. However, if motors arrive at a launch site for purposes of storage rather than as part of a launch campaign in preparation for flight, the FAA does not consider that storage part of a launch. SFA’s comments support this interpretation.
Orbital questioned one element of the FAA’s proposed definition. Orbital disputed that part of the FAA’s definition that included within the definition of launch only those activities that take place at the launch site from which flight will occur. Orbital’s concern is addressed in the 1998 amendment to the definition of launch. The statutory revision expands launch to include preparatory activities that "take place at a launch site in the United States." 49 U.S.C. 70102(3) (emphasis added). This provision includes preparatory activities at any U.S. launch site. The FAA notes that the revision excludes preparatory activities outside of a U.S. launch site.
Hughes asked for clarification regarding the commencement of launch with respect to payloads. Hughes suggested that launch be defined to commence with the arrival of a payload. Under current conditions, a payload tends to arrive after a launch vehicle, and its integration to a launch vehicle has been included within the definition of launch. The FAA does not consider payload processing absent launch vehicle integration to constitute part of launch or part of a licensee’s licensed activities.
Although the 1998 amendment appears to provide that preparation of a payload for launch at a U.S. launch site is part of launch, the revision does not require the definition of launch to encompass payload processing at a launch site until the payload is being integrated with a launch vehicle. The revision itself provides for activities involved in the preparation of a launch vehicle or payload for flight to ensure that launch may begin with a launch vehicle’s arrival alone at a launch site, regardless of the presence of a payload. Read in the context of existing statutory provisions and requirements, the revised definition does not encompass payload activities that are not otherwise associated with a launch vehicle. The original and still unchanged definition of launch means, in relevant part, the launch of a launch vehicle and any payload. 49 U.S.C. 70102(3). Section 70104 further confirms the inadvisability of commencing launch with the arrival of a payload. Section 70104 requires a license for the launch of a launch vehicle, not for the launch of a payload or for the launch of a launch vehicle and a payload. Moreover, were launch to begin with the arrival of a payload it would constitute unlicensed launch, and a payload operator is not required to obtain a launch license in any event. Additionally, the launch operator, who is the licensee, is not necessarily participating in the payload processing until integration of the payload with the vehicle. For all these reasons, the FAA will not change its definition.
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Commercial Space Transportation Licensing Regulations(12)
