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Section 415.41 requires an applicant to submit an accident investigation plan. The accident investigation plan must comply with the reporting requirements identified in section 415.41(b), and must contain procedures for responding to a launch accident, incident or other mishap. As noted in the discussion of the definition of "mishap," the proposed rules have been modified to require notification of mishaps only above a threshold severity level.
Section 415.43 contains the procedures employed by the FAA when it denies an applicant a safety approval and describes the recourse available to that applicant. If an applicant fails to obtain a safety approval, the applicant may attempt to correct the deficiencies which resulted in the denial and request reconsideration of the denial, or, upon denial of a license, it may request a hearing. The final version of this provision differs slightly from what the NPRM proposed. The NPRM stated that an applicant who was denied a safety approval could reapply. In order to avoid confusion, the provision now permits an applicant to request the FAA’s reconsideration of its denial. This makes clear that the FAA need only reconsider an issue once rather than an unlimited number of times.
Under subpart D, the FAA conducts a payload review and determination pursuant
to 49 U.S.C. § 70104(c). The Act provides that the Secretary of Transportation may prevent the launch of a particular payload if the Secretary determines that the payload's launch would jeopardize the public health and safety, safety of property, or national security or foreign policy interests, or international obligations of the United States. Subpart D explains when a payload review and determination are required and the elements of that review. Addition of this subpart constitutes a change from the FAA’s current practice because the payload review will no longer be performed as part of the policy review. This subpart allows either a launch license applicant or a payload owner or operator to apply for a payload determination separately from a launch license application, as was also provided under the former section 415.23 of a mission review. A launch license applicant's decision to seek a payload determination separately from a license application might be based on uncertainty with respect to payload issues and a desire to gain a payload determination before undertaking the additional effort required to prepare a complete launch license application.
Although a payload determination is required for a license, it is not necessarily a requirement imposed on a license applicant. An applicant need not itself apply for a payload determination if a determination has otherwise been issued to a payload owner or operator. In addition to the fact that many payloads are exempt from FAA consideration, an applicant may incorporate by reference a payload determination issued earlier to the applicant or to a payload owner or operator. Alternatively, an applicant may reference a separate application submitted by another launch license applicant for a payload determination and request that the FAA incorporate its earlier determination.
The FAA does not believe that this flexible approach affects the statutory requirement that the FAA complete its license application review within 180 days. Submission of a request for a payload determination does not constitute the filing of a complete application, and a license application is not complete without a request for a payload determination. The FAA stated in its NPRM that it was considering issuing conditional licenses on those occasions when a request for a payload determination had yet to be completed. This would mean that a license would be issued subject to or conditional upon issuance of a payload determination. The FAA once issued a conditional license to an applicant who proposed to launch a reentry vehicle as its payload. The reentry vehicle was still under development, but the FAA issued a launch license conditioned upon eventual submission of all required payload information and a final determination by the FAA regarding the payload. The FAA has decided, however, that with these rules it will not adopt such a course. A license will be issued only for a complete application.
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Commercial Space Transportation Licensing Regulations(37)
