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Pre-application consultation is intended to provide an efficient and effective process leading to the development of a substantially complete application. It should also ensure that an applicant is aware of the responsibilities of a licensee. Pre-application consultation allows a prospective applicant to familiarize the FAA with its proposal and the FAA to familiarize the prospective applicant with the licensing process. It has been the FAA’s experience that pre-application consultation helps speed the overall licensing process by ensuring that any unique safety issues are uncovered early. It also avoids potentially wasted efforts by a prospective applicant in preparation of an application. For new launch concepts, the pre-application process allows a prospective applicant and the FAA’s Commercial Space Transportation Licensing and Safety Division to identify the most efficient process for the applicant to demonstrate the safety of any proposed launch. Experience shows that this often is best carried out through a series of meetings, and other interchanges, each focusing on different issues. The schedule and order of such discussions is nearly always driven by a prospective applicant’s concept, issues and schedule. In all cases, the FAA encourages the proposed applicant to submit, as part of the process, application material in draft, and the FAA will review and provide feedback on the content.
Although the FAA will answer general questions regarding the licensing process at any time, the pre-application process is best begun when a prospective applicant is ready to discuss specific application requirements or to begin preparation of an application. At this time, the Licensing and Safety Division will assign a primary staff engineer who will be responsible for working with the prospective applicant. Typically, a second engineer is also assigned to track the project and to be available should the primary engineer not be available. Other support staff may also be assigned to help in specialized areas such as environmental reviews.
Section 413.7, which renumbers and amends the former section 413.5, contains a change in the name of the entity regulating commercial space transportation. Effective November 15, 1995, the DOT Office of Commercial Space Transportation became a part of the Federal Aviation Administration, where it now operates as the FAA's seventh line of business. With that move, the name was changed from the Office of Commercial Space Transportation to that of the Associate Administrator for Commercial Space Transportation. Section 413.7(a), which directs an applicant where to file an application, reflects that change, as well as the new address. Section 413.7(b)(2) requires an applicant to provide the FAA with one or more points of contact to receive notices from the FAA.
Section 413.9, which renumbers the former section 413.7, describes how an applicant may request confidential treatment for trade secrets or proprietary commercial or financial data. The treatment of confidential information is governed by applicable law, including the Freedom of Information Act.
Section 413.11, amending former section 413.9, describes the process by which an application is accepted or rejected. Section 413.11(a) provides for an initial screening of an application in order for the FAA to determine whether the application is sufficiently complete to allow the FAA to initiate the required reviews. The Act requires the FAA to complete its evaluation of an application within 180 days. The FAA determines when an application is sufficiently complete for the 180 days review period to commence and how those 180 days will be measured. If the FAA receives an application that fails to provide sufficient information for the FAA to commence a meaningful review, then a review cannot be performed. The FAA returns applications that are not substantially complete, noting the areas of deficiency. Accordingly, the 180-day review period will start to run only upon receipt of an acceptable application.
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Commercial Space Transportation Licensing Regulations(22)
