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The former McDonnell Douglas Aerospace filed draft comments with a request for an extension of time. In its draft comments, McDonnell Douglas asked that the FAA continue to employ gate to gate as the scope of a launch license, with certain modifications. Specifically, McDonnell Douglas sought to extend license coverage off of a federal launch range, for activity that "is consistent with standard commercial space industry practice." McDonnell Douglas does not elaborate on what it envisions as consistent with standard commercial space industry practice. The main thrust of its argument appears to be that it favors centralizing questions of liability and insurance within the FAA and removing them as subjects of Air Force launch support agreements.
Orbital Sciences Corporation (Orbital) opposed that portion of the proposed definition of launch that confined a licensed launch to the launch site from which flight would occur. According to Orbital, the FAA’s proposed approach was illogical because it meant that identical activities might in some instances be licensed and in others not. Also, the proposed approach would discriminate against modern launch vehicle technologies, so that they would be "penalized by the denial of license coverage." Orbital at 2. Orbital, relying on 1997 report language, also argued that the House Science Committee opposed the FAA’s narrowing of the definition of launch. See Civilian Space Authorization Act, Fiscal Years 1998 and 1999, H. R. 1275, H. Rep. 65, 51, 105th Cong., 1st Sess. (Apr. 21, 1997).
Orbital proposed that the FAA adopt an activity test to determine what activities might be included in the definition of launch. It recommended that the FAA "identify pre-launch activities generally common to launch systems and cover them for all launch systems if they are sufficiently hazardous and integral to a licensed launch, regardless of where or when they occur." Orbital at 4. Orbital provides a list of those of its pre-flight activities it considers hazardous. Orbital, Attachment 2.
Space Access, which intends to operate a reusable launch vehicle, also filed comments. Space Access’ comments focused on the impact on future developments, such as reusable launch vehicles, of the FAA’s proposed definition of launch. Space Access opposed defining launch to encompass a vehicle’s entire time at a launch site, and believes that there is no way to consistently and fairly apply the FAA’s proposed definition of launch. Space Access noted that the FAA "does not regulate the development, testing, or transportation of solid rocket boosters at a manufacturer’s facility, even though this [is a] significant hazardous activity, so it should not license nor should the government offer to indemnify that activity just because it occurs on a Federal Launch Range." Space Access at 6. Furthermore, defining a vehicle’s "major components" may ultimately prove a burdensome task for the FAA. Space Access at 4. Space Access also questioned the FAA’s legal authority for its proposed definition, and does not believe that the Act supports the "gate to gate" approach. In support of this, Space Access pointed out that under the Act, as the NPRM also notes, launch does not start with launch services.
After reviewing a number of conceptual approaches, Space Access recommended that the FAA define launch to begin with "an intentional self propelled change in the state of equilibrium of the launch vehicle and any payload towards Earth orbit or outer space [that] continues until the launch vehicle and payload achieve[] a new state of equilibrium or exit[]the Earth’s dominant gravitational influence." Space Access at 5. By this, Space Access intended "vertical or horizontal takeoff." Id. For the end of launch, this would mean that once a vehicle completes its propellant expulsion and no other changes in equilibrium are planned, the launch process is over. Space Access at 5. A change in equilibrium to reach other places in earth orbit or outer space would not be part of launch.
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Commercial Space Transportation Licensing Regulations(8)
