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The FAA also addresses payload safety issues because payload safety is not otherwise part of the safety evaluation of a launch. Payload issues considered during the review include, but are not limited to, safety issues associated with the launch of the payload and its intended operation and design, the payload owner(s), and the payload function. For example, a past payload issue included the nature of the cargo. In that case the payload cargo consisted of cremains, which are human remains reduced to small pellets. A safety issue addressed was whether the pellets would be dispersed while in orbit.
Section 415.51 describes the scope of an FAA payload review, clarifying part of the former section 415.21. Pursuant to proposed section 415.53, the FAA will not review payloads owned and operated by the government of the United States or those that are subject to the regulation of the Federal Communications Commission or the Department of Commerce, National Oceanic and Atmospheric Administration.
As explained in the NPRM, new section 415.55 allows the FAA to make a determination regarding a proposed class of payloads, including, for example, communications, remote sensing or navigation satellites. When an applicant requests an operator license to conduct unspecified but similar launches over a period of five years, the applicant will not always be able to identify specifically each payload to be launched. The applicant must describe the class or classes of payloads proposed for launch under the license and general characteristics of those payloads. In these cases, the licensee must later provide additional descriptive information regarding the specific payload prior to flight as described in section 415.79(a). That section refers a licensee to the information requirements of section 415.59, which specify the information required for a payload review.
The FAA must take this opportunity to clarify an issue raised by the comments of Kistler Aerospace Corporation.
Kistler expressed concern that the launch reporting requirement under section 415.79 amounted to an additional payload review by the FAA for each payload within the class encompassed by a launch operator license. Kistler at 5-6. In point of fact, the information submitted sixty days prior to launch would not trigger additional policy and safety reviews. It would merely identify the characteristics of what is being launched for compliance monitoring purposes. Kistler recommends that a licensee whose class of payload has been approved and is proposing to launch a payload within that approved class merely submit a copy of a launch manifest "describing the payload, the payload owner, pertinent details about the launch, etc." Kistler at 6. By requiring the information described in section 415.59, the FAA intends just that.
Section 415.57 provides procedures an applicant must follow to obtain a payload determination. The FAA coordinates a payload review with other government agencies such as the Departments of Defense, State, and Commerce, the National Aeronautics and Space Administration and the Federal Communications Commission.
The information requested under section 415.59 for a payload review is required to identify and address possible safety and policy issues related to the payload, and to conduct any necessary interagency review. In most instances, the information submitted may be brief, but in cases which present potential unique safety concerns considerable detail may be necessary regarding the physical characteristics, functional description and operations of the payload.
Section 415.61(a), which reflects certain requirements of former section 415.21, explains that the FAA will issue a payload determination unless policy or safety considerations prevent launch of the payload. Section 415.61(b) contains the procedures employed to deny an applicant a payload determination and describes the recourse available to that applicant. If an applicant fails to obtain a payload determination, the applicant may attempt to correct the deficiencies which resulted in a 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 payload determination 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.
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Commercial Space Transportation Licensing Regulations(38)
