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Part 401—Organization and Definitions.
Section 401.5 contains definitions of significant terms used in the FAA's regulations. Proposed amendments include both changes to existing definitions and the addition of new terms. Certain changes are intended only to reflect changes resulting from the 1994 codification of the Act. Others are editorial.
Deletions.
The FAA proposes to remove the terms "Director," "launch activity," "licensee," "mission," and "safety operations." "Director" no longer constitutes a title related to the FAA’s Associate Administrator for Commercial Space Transportation and is therefore deleted. "Launch activity" refers to activities licensed by the FAA. The term is overly broad and lacking in specificity. "Licensee" is also deleted as a term whose meaning is self-evident. "Mission" is no longer necessary because the FAA is modifying and renaming the mission review contained in part 415, subpart C. "Safety operations" does not appear in the regulations and the FAA has therefore removed it.
Revisions.
Some of the proposed revisions merely reflect the codification of the Act. These include "Act," "launch," "launch vehicle," "payload," and "person." The FAA revises the term "launch," however, not only to reflect the codification of Pub. L. 98-575 and the Commercial Space Act of 1998, but to clarify that launch, for purposes of licensing, includes the flight of a launch vehicle and preflight activities commencing with the arrival of a launch vehicle at a
U.S. launch site as discussed earlier.
As noted in the NPRM, the FAA proposed to change the definition of "launch vehicle" to reflect the changes made to the Act when it was codified in 1994. This rulemaking implements that change. Space Access provides an interesting analysis of one of the constituent parts of a launch concerning an element that the NPRM did not address in detail, namely, that vehicle stages are part of launch. "Space Access believes anything that does not achieve orbit should be considered as part of launch, just like multiple stage boosters are today." Space Access at
5. Space Access points out that if the FAA’s intent is to cover the hazardous elements of launch, "the return of any boosters is pertinent." Id. at 5-6. For these reasons, the FAA’s proposed definition of launch vehicle should clearly encompass "all physically connected parts used to propel or to otherwise place [a] launch vehicle and any payload into an Earth orbit or otherwise in outer space." Id. at 5. Space Access believes that its proposed definition would clearly encompass first stage boosters that fall back to earth and a carrier aircraft such as is used to launch a Pegasus. Id.
Under the Act, launch vehicle means "(A) a vehicle built to operate in, or place a payload in, outer space; and (B) a suborbital rocket." 49 U.S.C. § 70102(7). Congress chose this definition, and the FAA designed the new regulatory definition to match the congressional choice. Space Access fears that the definition could imply that only the parts of a launch vehicle that reach outer space are part of a launch vehicle, thus excluding both the carrier aircraft for an air launch and any vehicle stages that fall back to earth. Space Access at 5. The definition does not preclude the inclusion of carrier aircraft or vehicle stages as part of the definition of launch vehicle. The FAA agrees with Space Access that vehicle stages are included within the definition of a launch vehicle. It should be noted that because the definition includes a vehicle that either operates in or places a payload in outer space, the definition includes the entire vehicle necessary to accomplish that objective. This necessarily includes the first and intermediate stages of a launch vehicle. Therefore, the FAA will not change what it proposed as the new definition of "launch vehicle" with the exception that it will change "and" to "or" to clarify that a suborbital rocket is also a launch vehicle.
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Commercial Space Transportation Licensing Regulations(19)
