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"Launch operator" is defined as a person who launches or plans to launch a launch vehicle and any payload.
The definition of "launch site" reflects changes resulting from the codification of the Act and a subsequent revision. The definition of "launch site" in the original Commercial Space Launch Act includes "facilities located on a launch site which are necessary to conduct a launch." 49 U.S.C. App. § 2603(5) (emphasis added). As noted in the NPRM, the codified definition of "launch site" merely included "necessary facilities" with no mention of their location. Now, Congress has remedied that oversight, and the definition of "launch site" means the location on Earth from which a launch takes place and necessary facilities at that location. 49 U.S.C. § 70102(6) (emphasis added). The FAA correctly proposed to include only those facilities located at the launch site. In order, however, to reflect accurately the new language of the codified statute, the FAA’s definition of launch site will not, as proposed in the NPRM, include "necessary facilities located at the site," but "necessary facilities at that location."
The FAA will not include the term Office in its definitions as originally proposed in the NPRM. There is greater familiarity with the term "FAA" and the agency believes that its use will result in less confusion.
Part 411—Policy
The FAA deletes as unnecessary and reserves part 411, which establishes the policies of the FAA for licensing commercial launch activities. This part identified how the FAA addressed safety and mission reviews, which, pursuant to this rulemaking, are addressed in parts 413, 415 and 417.
Part 413--License Application Procedures
Part 413 continues to describe those license application procedures applicable to all license applications. As explained by section 413.1, which clarifies the former section of the same number, the procedures apply to any application for a license to launch a launch vehicle or to operate a launch site. These procedures should also be used by a payload owner or operator requesting a payload review. More specific requirements applicable to obtaining a launch license or a license to operate a launch site are set forth in parts 415 and 417, respectively. The majority of the revisions to this part are editorial or self-explanatory. A few bear individual mention.
Section 413.3, which renumbers the former section 415.3 and amends the provision by including operation of a launch site, identifies who must obtain a license to launch a launch vehicle or to operate a launch site. Any person proposing to launch a launch vehicle or to operate a launch site within the United States must obtain a license authorizing the launch or the operation of the launch site. 49 U.S.C. § 70104(a)(1). A U.S. citizen or entity proposing to launch outside the United States or to operate a launch site outside of the United States must obtain a license authorizing the launch or the operation of the launch site. 49 U.S.C. § 70104(a)(2). A foreign corporation, partnership, joint venture, association or other foreign entity controlled by a U.S. citizen and proposing to launch from, or to operate a launch site within, international territory or waters must obtain a license if the United States does not have an agreement with a foreign nation providing that the foreign nation shall exercise jurisdiction. 49 U.S.C. § 70104(a)(3). A foreign corporation, partnership, joint venture, association or other foreign entity controlled by a U.S. citizen does not require an FAA license to launch from foreign territory, unless that foreign nation has agreed that the United States shall exercise jurisdiction over the launch. 49 U.S.C. § 70104(a)(4).
Section 413.5, which renumbers and amends the former section 413.3, requires a prospective applicant to consult with the FAA prior to submitting an application. Pre-application consultation is now mandatory in order to allow both an applicant and the FAA the opportunity to identify potential issues relevant to the FAA's licensing determination. Pre-application consultation does not possess a formal structure or timetable. Nor does it require personal meetings. For many proposals consultations may be made by telephone, electronic mail or other means.
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Commercial Space Transportation Licensing Regulations(21)
