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Additions.
New terms include "Associate Administrator," "federal launch range," "hazardous materials," "launch accident," "launch incident," "launch operator," "launch site," and "mishap." Although the NPRM proposed "Office," that term is no longer included.
"Associate Administrator" reflects a change in title of the person in charge of Commercial Space Transportation within the FAA and arises out of the transfer of the Office of Commercial Space Transportation from the Office of the Secretary, DOT, to the Federal Aviation Administration. The term describes the FAA's Associate Administrator for Commercial Space Transportation.
"Federal launch range" means a launch site from which launches take place that is owned and operated by the government of the United States. Federal launch ranges include Cape Canaveral Air Station, Vandenberg Air Force Base, White Sands Missile Range and Wallops Flight Facility. In its comments, Kistler Aerospace Corporation recommended that the FAA clarify that only these four facilities constitute federal launch ranges. The FAA is not prepared to do this, but will reach a separate accommodation. The FAA agrees that the definition of a federal launch range should only encompass those federal launch facilities where the government facilities, services and organization routinely support launch activities. The four listed above, however, are not the only current ones, and others could emerge in the future.
The FAA assumes that Kistler’s interest in this topic arises out of its proposed launch plans for the Nevada Test Site, which is not currently a federal launch range. The Nevada Test Site should not, in its current operational status, be considered a federal launch range because the U.S. government does not routinely oversee the launch of launch vehicles from the site. Although it is true that the U.S. government has conducted launches from the site, this does not mean that the Nevada Test Site is a federal launch range for purposes of this rule because the activities that have occurred there are not routine. No staff is dedicated to routinely supporting launch activity, and the FAA is not aware of any permanent launch infrastructure at the site. Nor is the Nevada Test Site a member of the Range Commander’s Council. Accordingly, the FAA here clarifies its definition by adding "routinely."
"Hazardous materials" mean hazardous materials as defined in 49 CFR § 172.101.
"Launch accident," "launch incident," and "mishap" all address related issues. The term "mishap" is a general term for all unplanned events at a launch site or during a launch resulting in injury, occupational illness, or damage to or loss of equipment or property. Mishaps include but are not limited to launch accidents and launch incidents. Launch accidents and launch incidents are types of "mishaps." "Launch accident" and "launch incident" derive from the FAA's current definition of "accident" and "incident" as the terms appear in the FAA's accident investigation plan. Both terms encompass unplanned events occurring during flight. "Launch accident" is defined by the seriousness of the results, and "launch incident" focuses on the failure of a safety system or process that may or may not have caused serious harm. Special reporting and investigation requirements attach if a launch accident or incident occurs. "Accident" is also defined in a Memorandum of Understanding with the National Transportation Safety Board (NTSB). A launch accident will entail NTSB involvement. A "launch incident" may or may not involve the NTSB, depending on the seriousness of the safety issues involved. Other mishaps, such as a mission failure, have fewer reporting and investigation requirements.
Orbital raised a concern regarding the reporting requirements for a mishap. Orbital at 5. It noted that, if read literally, section 415.41 would require FAA notification every time a piece of the licensee’s own equipment was damaged. The FAA does not require this and now amends its definition of mishap from that originally proposed in the NPRM to include only a launch accident, a launch incident, failure to complete a launch as planned, or an unplanned event resulting in fatal or serious injury or greater than $25,000 damage to a payload, a launch vehicle, a launch support facility, or government property located at the launch site. The notification requirement has also been modified for mishaps other than launch accidents and launch incidents. For a mishap that is not a launch accident or launch incident, or one that does not involve a fatality, a licensee must notify the FAA within 24 hours of the event. Such mishaps may involve insurance claims or may uncover flaws in a licensee’s safety procedures.
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Commercial Space Transportation Licensing Regulations(20)
