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Space Access also maintains that in order to adopt an Ec standard of Ec ≤ 30 x 10-6, the FAA would have to obtain
NASA’s acceptance. This is not in fact the case. NASA and the FAA have different roles. Commercial launches are regulated by the FAA, not NASA. As the operator of a launch site, NASA is free to require a different measure of acceptable risk than that required by the FAA. Any FAA licensed commercial launch, regardless of where it takes place, must, however, at least meet FAA standards, even were a particular federal launch range to impose less stringent requirements. In this case, the more stringent NASA standard with which a user of WFF would have to comply does not conflict with the FAA standard.
Paragraph 415.35(b), which the NPRM proposed as paragraph 415.35(c), requires an applicant to submit an analysis that identifies the hazards and assesses the risks for flight under nominal and non-nominal conditions. This requirement has been modified to clarify that the risk assessment serves the purpose of demonstrating compliance with paragraphs 415.35(a). A federal launch range will sometimes perform a quantitative analysis for flight until orbital insertion, or for a suborbital mission until impact. A range may determine that an analysis of previously approved missions applies or may serve as a basis for a comparative analysis. If an applicant's previously submitted application contains a risk assessment, the applicant need not submit additional analyses for similar launches. In such cases, a comparative analysis may be supplied.
As an alternative to relying on federal launch range procedures, an applicant may perform its own quantitative risk analysis. Pursuant to section 415.35(b), although an applicant may submit a federal launch range risk analysis, the applicant bears the burden of demonstrating that predicted risk does not exceed an expected casualty of 30 x 10-6. To assist applicants, the FAA has documented the range safety process for each of the federal launch ranges. A launch hazard event tree, such as the one described in the DOT Hazard Analysis of Commercial Space Transportation, page 10-29, provides an acceptable method for identifying hazards and assessing risks.
Section 415.35(c), which was proposed in the NPRM as section 415.37(a), ensures that an applicant identify the design of its launch vehicle. In its application, an applicant shall identify and describe its launch vehicle’s design, including its structure and the vehicle's hazardous and safety-critical systems, and provide drawings and schematics for each system identified. Because federal launch ranges require an applicant to provide a detailed description of the applicant's launch vehicle and its systems, including drawings and schematics, an applicant may satisfy the requirements of this paragraph by providing the FAA with a copy of all or appropriate portions of the documentation provided to a federal launch range. The FAA will not use the data to duplicate the federal launch range's design approval process, but to document the characteristics of the launch vehicle being licensed and upon which the hazard identification and risk assessment are based.
Section 415.35(d) requires that an applicant’s launch vehicle be operated in a manner that meets the criteria of paragraph 415.35(a). To that end, an applicant must describe the launch operations and procedures that the applicant will employ to mitigate risks for flight. The applicant should eliminate or control by design and operations all identified hazards to the levels specified in paragraph (a). Typical hazard controls for flight until orbital insertion used at current federal launch ranges include flight termination systems, and, for suborbital launches, azimuth and elevation adjustments based on a wind weighting analysis. Other hazard controls may involve modifying a vehicle trajectory to avoid high risk areas, and delaying launch until more favorable conditions exist. An applicant for a license to launch from a federal launch range may rely on the methods used by federal launch ranges to identify hazard controls and to ensure that the hazard controls will be effective.
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Commercial Space Transportation Licensing Regulations(33)
