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Section 415.63 addresses incorporation of a payload determination into subsequent license reviews. It also explains that any change in information provided to the FAA must be reported in accordance with applicable rules.
Subpart E addresses post-licensing requirements, including license terms and conditions. This subpart describes a licensee's public safety responsibilities under section 415.71.
Section 415.73 describes the circumstances that require a licensee to apply for a modification to its license. This section modifies and builds upon the former section 413.19. That provision required an applicant or a licensee to notify the FAA whenever the information that formed the basis for any approval, determination or license action was no longer substantially accurate and complete in all significant respects, or whenever there has been a substantial change as to any matter of decisional significance. The FAA has required licensees to report material changes in order for the FAA to determine their significance. In the NPRM, the FAA proposed requiring that it be notified of all changes regardless of materiality, but now adopts a materiality standard in response to comments. A launch licensee must ensure the continuing accuracy of representations contained in its application for the term of its license, and must conduct its licensed launches as it has represented that it will. This means that if any information a licensee provides pursuant to part 415 will no longer be accurate, a licensee must apply for a modification to its license in advance of instituting the proposed change. For example, if a licensee intends to alter its accident investigation plan, it must obtain authorization in advance through a license modification to do so.
Orbital describes this requirement as overly broad and undefined. Orbital at 9. Orbital recommends that the FAA incorporate a materiality standard, so that an applicant or licensee would only notify the FAA of any significant changes. Id. The FAA agrees in part. It does not wish to be advised of any and all changes, only of those material to public health and safety or safety of property. The FAA wishes to be advised of any material changes so that it may determine whether to modify a license.
The FAA also wishes to draw attention to an editorial change from the provision as originally proposed. In its NPRM, the regulations required a licensee to "amend" its application even after its license was issued. Now, the same provisions require a license "modification." This results in no substantive change. It does clarify, however, that an application is part of any ensuing license and that a licensee must obtain advance authorization from the FAA for any material changes.
The remainder of subpart E contains license terms and conditions applicable to all licensees. Section 415.75 requires a licensee to enter into an agreement with the federal launch range from which it proposes to launch. Orbital recommends that rather than require the range agreement to remain in effect for the term of the license, that the FAA require that it be in effect during the conduct of licensed launches. Orbital at 9. The FAA sees no practical difference, but agrees, and revises the regulation accordingly. A licensee should bear in mind, however, that "launch" begins with the arrival of a vehicle at the launch site. Accordingly, any agreement must be in place at the time of the vehicle’s arrival.
Section 415.77 requires a licensee to maintain those records that pertain to activities carried out under a license issued by the FAA. These records must be retained for at least three years after the completion of all launches conducted under the license.
Section 415.79, as proposed in the NPRM, required a licensee to report certain information before each launch. Because launch begins with the arrival of a launch vehicle at the gate, this section is now clarified to require reporting 60 days prior to flight. Section 415.79(b) regarding provision of the FAA’s Launch Notification Form has also been clarified from the FAA’s original proposal. The FAA files the Launch Notification Form with U.S. Space Command 15 days prior to flight. Accordingly, the form is now due at noon, Eastern Standard Time, 15 days prior to flight so that the FAA may provide the form to U.S. Space Command in a timely manner. The Federal Aviation Administration/ U.S. Space Command Launch Notification Form is provided in this notice. See Appendix A. Section 415.79(c) is now modified from what was proposed in the NPRM to add a requirement for immediate notification of any mishap involving a fatality or serious injury.
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Commercial Space Transportation Licensing Regulations(39)
