Introduction
By this rulemaking, the FAA clarifies license application procedures and requirements. The FAA’s revisions to its regulations provide information regarding the scope of a launch license, the criteria for obtaining a license for expendable launch vehicles (ELVs) launching from federal launch ranges, and the underlying safety rationale for the FAA's launch licensing regime. These regulations also explain that the FAA will license the operation of a launch site or the launch of a launch vehicle from a site that is not operated by a federal launch range on a case by case basis.
History and Current Revisions
The Commercial Space Launch Act of 1984, as codified at 49 U.S.C. Subtitle IX--Commercial Space Transportation, ch. 701, Commercial Space Launch Activities, 49 U.S.C. §§ 70101-70121 (the Act), authorizes the Secretary of Transportation to oversee, license and regulate commercial launch activities and the operation of launch sites as carried out by U.S. citizens or within the United States. 49 U.S.C. §§ 70104, 70105. The Act directs the Secretary to exercise this responsibility consistent with public health and safety, safety of property, and the national security and foreign policy interests of the United States, 49 U.S.C. § 70105, and to encourage, facilitate and promote commercial space launches by the private sector, 49 U.S.C. § 70103.
The FAA carries out the Secretary’s responsibilities for licensing and regulating launches and the operation of launch sites. Prior to November 15, 1995, the Secretary's responsibilities were implemented by the Office of Commercial Space Transportation (the Office), which was located within the Office of the Secretary in the Department of Transportation. Now, the Associate Administrator for Commercial Space Transportation is part of DOT's Federal Aviation Administration. When this administrative change was effected, the Secretary delegated the statutory authority over the regulation of commercial space transportation to the Administrator of the Federal Aviation Administration, and the Administrator redelegated this authority to the Associate Administrator.
On August 4, 1994, President Clinton announced a new National Space Transportation Policy reaffirming the government's commitment to the commercial space transportation industry and the critical role of the Department of Transportation in encouraging and facilitating private sector launch activities. In 1996, President Clinton signed a National Space Policy, which recognized the Department of Transportation as the lead federal agency for regulatory guidance regarding commercial space transportation activities. The FAA's rules, by offering greater specificity and certainty regarding licensing requirements and the scope of a license, should assist the launch industry in its business and operational planning. This will facilitate the private sector's launch activities by increasing certainty and by easing its regulatory burden.
Background on the FAA’s Commercial Launch Licensing History and Process
The FAA licenses commercial launches and the commercial operation of launch
sites through 14 CFR Ch. III. In April 1988, when the then Office of Commercial Space Transportation first issued final regulations, no licensed launches had yet taken place. Accordingly, the Office established a flexible regime intended to be responsive to an emerging industry while at the same time ensuring public safety. The Office noted that it would "continue to evaluate and, when necessary, reshape its program in response to growth, innovation and diversity in this critically important industry." Commercial Space Transportation Licensing Regulations, 53 FR 11004,11006, (Apr. 4, 1988). Under the 1988 regulations the Office implemented a case-by-case approach for the evaluation of launch license applications. All commercial launches at the time took place from federal launch ranges.
In conjunction with information guidelines describing the Office's application process, the Office's regulations reflected the intent of Congress that the Office evaluate the policy aspects and safety of a proposed launch. The Office followed a case-by-case approach to performing these reviews, tailoring its information requests to the specifics of a given launch proposal.
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