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For those situations where dress rehearsals are necessary, the dress rehearsal should simulate both nominal and non-nominal conditions, induced not only by the launch vehicle or payload, but by the range safety system as well. Anomalies introduced during the rehearsal should exercise and prove the abilities of all launch participants, including federal launch range personnel, to recognize an event that compels a launch hold, delay or flight termination decision. In the NPRM, the FAA noted its interest in views as to any need for future standards relating to rehearsals and the criteria for deciding, based on performance during the rehearsal, that it is acceptable to proceed with the launch. In response, Space Access suggested that no discrepancies be permitted for a nominal profile, and only minor discrepancies be permitted for failure profiles, if the discrepancies involve non-critical actions. Space Access at 11. The FAA agrees, and will interpret section 415.37(a)(4)(i) according to Space Access’ recommendation.
Section 415.37(a)(5) responds to another NTSB recommendation, and requires that an applicant ensure that its flight safety personnel adhere to federal launch range crew rest rules. Experience has shown that launch crew rest criteria for all those involved in supporting launch operations are extremely important and can have a significant impact on public health and safety. Federal launch ranges typically have such requirements. Based on current knowledge and the demonstrated safety history of the federal ranges, the FAA would consider adequate adherence to these requirements. Other rest criteria proposed by an applicant may be acceptable if the applicant requests a waiver of the FAA's rules and demonstrates that the criteria would be adequate.
Section 415.37(b) and (c), originally proposed as a separate section, 415.39, require an applicant to submit a communications plan that ensures that licensee and federal launch range personnel receive safety-critical information during countdown and flight. The NTSB, after its investigation of a launch anomaly, concluded that effective communications are critical to the conduct of a safe flight. Everyone involved in a launch needs to know not only what channel has been assigned for particular communications, but also the proper protocol for communicating on that channel. The FAA recognizes that a number of different individuals typically have input and decision authority with respect to the readiness of various launch and safety systems. Past experience has shown that serious mishaps could result if these relationships are not clearly defined and understood by all parties. These relationships must therefore be identified by the applicant. Identifying persons with authority to make "hold" and "go/no-go" decisions is critical to ensuring that on launch day, everyone knows who can call a "hold" and, more importantly, who has the authority to authorize the resumption of the countdown or a recycle procedure, and under what specific conditions. This will help eliminate confusion and cross-talk that could cause a miscommunication leading to an unsafe condition. In addition, the FAA requires that everyone who has a decision-making role, or who, by action or inaction can either prevent or allow a launch to take place, be on the same predetermined channel during countdown and flight.
Under section 415.39, which was included in the NPRM as paragraph 415.35(b), an applicant must demonstrate that for any proposed launch that for all launch vehicle stages or components that reach earth orbit that there will be no unintended physical contact of the vehicle or its components with its payload after payload separation. The applicant's proposal must also ensure that debris generation will not result from the conversion of energy sources into energy that fragments the vehicle or its components. In addition, although not specifically proposed in the NPRM, the FAA now adds paragraph (c) to specify required measures that prevent the conversion of energy sources into energy that fragments a vehicle or its components, unless other measures are approved in the course of the licensing process. The FAA discussed the new measures in the NPRM.
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Commercial Space Transportation Licensing Regulations(35)
