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The Spaceport Florida Authority (SFA) supported the proposed definition of launch as including those hazardous pre-flight activities that are closely proximate in time to flight and are unique to space flight. SFA at 1. SFA also supported the FAA’s proposal to define the beginning of launch as commencing with the arrival of a vehicle’s major components at a federal range. SFA opposed limiting the scope of a licensed launch to those activities that occur at the federal launch range from which flight would occur because this approach would result in some of the current pre-flight activity of at least two launch companies not being licensed. SFA at 2. SFA accordingly viewed this approach as discriminatory. SFA also maintained that the proposal was contrary to the statute, which requires consistency with public health and safety. SFA pointed out that in some situations the FAA would review certain pre-flight activities and in others it would not, thus resulting in no FAA safety oversight and no possibility of indemnification by the federal government. SFA at 2. On a separate note, SFA stated its support for excluding the storage of solid rocket motors from the definition of "launch." SFA at 3. SFA notes that such storage is not extremely hazardous and that commercial insurance for storage is available at a reasonable premium.
The FAA considered three possible options in defining "launch" for purposes of developing proposed regulations. The FAA considered codifying its "gate to gate" definition but was concerned that "gate to gate" created a false impression that indemnification would be available for all commercial activities taking place within the confines of a federal range. The FAA also weighed the most narrow approach, which would employ the ordinary definition of "launch" as only those flight activities beginning at "T minus zero (T-0)," or intentional first stage ignition; but the FAA initially determined in its NPRM that this approach failed to provide regulatory oversight of certain hazardous activities and that concerns regarding international competition weighed against this formulation. In light of the 1998 change to the Act, the FAA must reject this narrow definition as inconsistent with the new law. A less expansive approach than "gate to gate," one within the scope of the FAA's mandate, will include within a launch license those activities that are part of a launch as contemplated by the new directive to license activities involved in the preparation of a launch vehicle for launch, when those activities take place at a launch site in the United States. This satisfies the requirements of the statutory change and the wishes of commenters such as Orbital and the Spaceport Florida Authority. Under the approach the FAA now adopts, because of the 1998 changes and because risks change shortly after the launch vehicle or its components enter the gate of a launch site, launch begins, for purposes of licensing, upon the arrival of that vehicle to be prepared for flight at a U.S. launch site.
Vehicle at the Gate
By this rulemaking, the FAA will license as launch those preparatory activities that may be considered part of a launch. As noted in the NPRM, the FAA's licensing authority derives from the Act, which states that a license is required "to launch a launch vehicle." 49 U.S.C. § 70104(a). The word "launch" is commonly understood to mean ignition, lift-off and flight of a launch vehicle, as well as, perhaps only in popular parlance, certain immediately preliminary activities such as countdown and other final steps necessary to effectuate flight. The Act defines "launch" to mean "to place or try to place a launch vehicle or reentry vehicle and any payload from Earth- (A) in a suborbital trajectory; (B) in Earth orbit in outer space; or (C) otherwise in outer space, including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States." 49 U.S.C. § 70102(3).
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Commercial Space Transportation Licensing Regulations(9)
