(a) Scope. This part sets forth—

(1) The responsibilities of a launch operator conducting a licensed launch of an expendable launch vehicle pursuant to a license issued under part 415 of this chapter; and

(2) The requirements for maintaining a launch license obtained under part 415 of this chapter. Parts 413 and 415 of this chapter contain requirements for preparing a license application to conduct a launch, including information reviewed by the FAA to conduct a policy, safety, payload, and environmental review, and a payload determination

(b) Applicability. (1) The administrative requirements for filing material with the FAA in subpart A of this part apply to all licensed launches from a Federal launch range or a non-Federal launch site, except where noted.

(2) The safety requirements of subparts B through E of this part apply to all licensed launches of expendable launch vehicles. See paragraph (d) of this section for exceptions to this provision.

(c) “Meets intent” certification. For a licensed launch from a Federal launch range, a launch operator need not demonstrate to the FAA that an alternative means of satisfying a requirement of this part provides an equivalent level of safety for a launch if written evidence demonstrates that a Federal launch range has, by the effective date of this part, granted a “meets intent certification,” including through “tailoring,” that applies to the requirement and that launch. See paragraph (e) of this section for exceptions to this provision. Written evidence includes:

(1) Range flight plan approval,

(2) Missile system pre-launch safety package,

(3) Preliminary and final flight data packages,

(4) A tailored version of EWR 127-1,

(5) Range email to the FAA stating that the MIC was approved, or

(6) Operation approval.

(d) Waiver. For a licensed launch from a Federal launch range, a requirement of this part does not apply to a launch if written evidence demonstrates that a Federal launch range has, by the effective date of this part, granted a waiver that allows noncompliance with the requirement for that launch. See paragraph (e) of this section for exceptions to this provision. Written evidence includes:

(1) Range flight plan approval,

(2) Missile system pre-launch safety package,

(3) Preliminary and final flight data packages,

(4) A tailored version of EWR 127-1,

(5) Range email to the FAA stating that the waiver was approved, or

(6) Operation approval.

(e) Exceptions to Federal launch range meets intent certifications and waivers. Even if a licensed launch from a Federal launch range satisfies paragraph (c) or (d) of this section for a requirement of this part, the requirement applies and a launch operator must satisfy the requirement, obtain FAA approval of any alternative, or obtain FAA approval for any further noncompliance if—

(1) The launch operator modifies the launch vehicle's operation or safety characteristics;

(2) The launch operator uses the launch vehicle, component, system, or subsystem in a new application;

(3) The FAA or the launch operator determines that a previously unforeseen or newly discovered safety hazard exists that is a source of significant risk to public safety; or

(4) The Federal launch range previously accepted a component, system, or subsystem, but did not then identify a noncompliance to a Federal launch range requirement.

(f) Equivalent level of safety. The requirements of this part apply to a launch operator and the launch operator's launch unless the launch operator clearly and convincingly demonstrates that an alternative approach provides an equivalent level of safety.

For the purpose of this part,

Command control system means the portion of a flight safety system that includes all components needed to send a flight termination control signal to an onboard vehicle flight termination system. A command control system starts with any flight termination activation switch at a flight safety crew console and ends at each command-transmitting antenna. It includes all intermediate equipment, linkages, and software and any auxiliary transmitter stations that ensure a command signal will reach the onboard vehicle flight termination system from liftoff until the launch vehicle achieves orbit or can no longer reach a populated or other protected area.

Command destruct system means a portion of a flight termination system that includes all components on board a launch vehicle that receive a flight termination control signal and achieve destruction of the launch vehicle. A command destruct system includes all receiving antennas, receiver decoders, explosive initiating and transmission devices, safe and arm devices and ordnance necessary to achieving destruction of the launch vehicle upon receipt of a destruct command.

Countdown means the timed sequence of events that must take place to initiate flight of a launch vehicle.

Crossrange means the distance measured along a line whose direction is either 90 degrees clockwise (right crossrange) or counter-clockwise (left crossrange) to the projection of a launch vehicle's planned nominal velocity vector azimuth onto a horizontal plane tangent to the ellipsoidal Earth model at the launch vehicle's sub-vehicle point. The terms right crossrange and left crossrange may also be used to indicate direction.

Data loss flight time means the shortest elapsed thrusting time during which a launch vehicle flown with a flight safety system can move from its normal trajectory to a condition where it is possible for the launch vehicle to endanger the public.

Destruct means the act of terminating the flight of a launch vehicle flown with a flight safety system in a way that destroys the launch vehicle and disperses or expends all remaining propellant and renders remaining energy sources non-propulsive before the launch vehicle or any launch vehicle component or payload impacts the Earth's surface.

Downrange means the distance measured along a line whose direction is parallel to the projection of a launch vehicle's planned nominal velocity vector azimuth into a horizontal plane tangent to the ellipsoidal Earth model at the launch vehicle sub-vehicle point. The term downrange may also be used to indicate direction.

Drag impact point means a launch vehicle instantaneous impact point corrected for atmospheric drag.

Dwell time means—

(1) The period during which a launch vehicle instantaneous impact point is over a populated or other protected area; or

(2) The period during which an object is subjected to a test condition.

Explosive debris means solid propellant fragments or other pieces of a launch vehicle or payload that result from break up of the launch vehicle during flight and that explode upon impact with the Earth's surface and cause overpressure.

Fail-over means a method of ensuring continuous or near continuous operation of a command transmitter system by automatically switching from a primary transmitter to a secondary transmitter when a condition exists that indicates potential failure of the primary transmitter.

Family performance data means—

(1) Results of launch vehicle component and system tests that represent similar characteristics for a launch vehicle component or system; and

(2) Data that is continuously updated as additional samples of a given component or system are tested.

Flight safety limit means criteria to ensure a set of impact limit lines established for the flight of a launch vehicle flown with a flight safety system bound the area where debris with a ballistic coefficient of three or more is allowed to impact when a flight safety system functions.

Flight safety system means the system that provides a means of control during flight for preventing a hazard from a launch vehicle, including any payload hazard, from reaching any populated or other protected area in the event of a launch vehicle failure. A flight safety system includes:

(1) All hardware and software used to protect the public in the event of a launch vehicle failure; and

(2) The functions of any flight safety crew.

Flight safety crew means the personnel, designated by a launch operator, who operate flight safety system hardware and software to monitor the flight of a launch vehicle and make a flight termination decision.

Flight termination system means all components, onboard a launch vehicle, that provide the ability to end a launch vehicle's flight in a controlled manner. A flight termination system consists of all command destruct systems, inadvertent separation destruct systems, or other systems or components that are onboard a launch vehicle and used to terminate flight.

Gate means the portion of a flight safety limit boundary through which the tracking icon of a launch vehicle flown with a flight safety system may pass without flight termination.

In-family means a launch vehicle component or system test result that indicates that the component or system's performance conforms to the family performance data that was established by previous test results.

Inadvertent separation destruct system means an automatic destruct system that uses mechanical means to trigger the destruction of a launch vehicle stage.

Launch azimuth means the horizontal angular direction initially taken by a launch vehicle at liftoff, measured clockwise in degrees from true north.

Launch crew means all personnel who control the countdown and flight of a launch vehicle or who make irrevocable operational decisions that have the potential for impacting public safety. A launch crew includes members of the flight safety crew.

Launch processing means all preflight preparation of a launch vehicle at a launch site, including buildup of the launch vehicle, integration of the payload, and fueling.

Launch window means a period of time during which the flight of a launch vehicle may be initiated.

“Meets intent” certification means a decision by a Federal launch range to accept a substitute means of satisfying a safety requirement where the substitute provides an equivalent level of safety to that of the original requirement.

Normal flight means the flight of a properly performing launch vehicle whose real-time instantaneous impact point does not deviate from the nominal instantaneous impact point by more than the sum of the wind effects and the three-sigma guidance and performance deviations in the uprange, downrange, left-crossrange, or right-crossrange directions.

Normal trajectory means a trajectory that describes normal flight.

Non-operating environment means an environment that a launch vehicle component experiences before flight and when not otherwise being subjected to acceptance tests. Non-operating environments include, but need not be limited to, storage, transportation, and installation.

Operating environment means an environment that a launch vehicle component will experience during acceptance testing, launch countdown, and flight. Operating environments include shock, vibration, thermal cycle, acceleration, humidity, and thermal vacuum.

Operating life means, for a flight safety system component, the period of time beginning with activation of the component or installation of the component on a launch vehicle, whichever is earlier, for which the component is capable of satisfying all its performance specifications through the end of flight.

Operation hazard means a hazard derived from an unsafe condition created by a system or operating environment or by an unsafe act.

Out-of-family means a component or system test result where the component or system's performance does not conform to the family performance data that was established by previous test results and is an indication of a potential problem with the component or system requiring further investigation and possible corrective action.

Passive component means a flight termination system component that does not contain active electronic piece parts.

Performance specification means a statement prescribing the particulars of how a component or part is expected to perform in relation to the system that contains the component or part. A performance specification includes specific values for the range of operation, input, output, or other parameters that define the component's or part's expected performance.

Protected area means an area of land not controlled by a launch operator that:

(1) Is a populated area;

(2) Is environmentally sensitive; or

(3) Contains a vital national asset.

Safety-critical computer system function means any computer system function that, if not performed, if performed out of sequence, or if performed incorrectly, may directly or indirectly cause a public safety hazard.

Service life means, for a flight termination system component, the sum total of the component's storage life and operating life.

Storage life means, for a flight termination system component, the period of time after manufacturing of the component is complete until the component is activated or installed on a launch vehicle, whichever is earlier, during which the component may be subjected to storage environments and must remain capable of satisfying all its performance specifications.

Sub-vehicle point means the location on an ellipsoidal Earth model where the normal to the ellipsoid passes through the launch vehicle's center of gravity. The term is the same as the weapon system term “sub-missile point.”

System hazard means a hazard associated with a system and generally exists even when no operation is occurring.

Tracking icon means the representation of a launch vehicle's instantaneous impact point, debris footprint, or other vehicle performance metric that is displayed to a flight safety crew during real-time tracking of the launch vehicle's flight.

Uprange means the distance measured along a line that is 180 degrees to the downrange direction. The term uprange may also be used to indicate direction.

Waiver means a decision that allows a launch operator to continue with a launch despite not satisfying a specific safety requirement and where the launch operator is not able to demonstrate an equivalent level of safety.

A launch operator is responsible for ensuring the safe conduct of a licensed launch and for ensuring public safety and safety of property at all times during the conduct of a licensed launch.

(a) A launch operator must ensure that launch processing at a launch site in the United States satisfies the requirements of this part. Launch processing at a launch site outside the United States may be subject to the requirements of the governing jurisdiction.

(b) For a launch from a launch site licensed under part 420 of this chapter, a launch operator must—

(1) Conduct its operations as required by any agreements that the launch site operator has with any Federal and local authorities under part 420 of this chapter; and

(2) Coordinate with the launch site operator and provide any information on its activities and potential hazards necessary for the launch site operator to determine how to protect any other launch operator, person, or property at the launch site as required by the launch site operator's obligations under § 420.55 of this chapter.

(c) For a launch from an exclusive-use site, where there is no licensed launch site operator, a launch operator must satisfy the requirements of this part and the public safety requirements of part 420 of this chapter. This subpart does not apply to licensed launches occurring from Federal launch ranges.

(a) A launch operator must ensure the representations contained in its application are accurate for the entire term of the license. A launch operator must conduct a licensed launch and carry out launch safety procedures in accordance with its application.

(b) After the FAA issues a launch license, a launch operator must apply to the FAA for modification of a launch license if—

(1) A launch operator proposes to conduct a launch or carry out a launch safety procedure or operation in a manner that is not authorized by the license; or

(2) Any representation contained in the license application that is material to public health and safety or safety of property would no longer be accurate and complete or would not reflect the launch operator's procedures governing the actual conduct of a launch. A representation is material to public health and safety or safety of property if it alters or affects the launch operator's launch plans or procedures, class of payload, orbital destination, type of launch vehicle, flight path, launch site, launch point, or any safety system, policy, procedure, requirement, criteria or standard.

(c) A launch operator must prepare and file an application to modify a launch license under part 413 of this chapter. The launch operator must identify any part of its license or license application that a proposed modification would change or affect.

(d) The FAA reviews all approvals and determinations required by this chapter to determine whether they remain valid in light of a proposed modification. The FAA approves a modification that satisfies the requirements of this part.

(e) Upon approval of a modification, the FAA issues to a launch operator either a written approval or a license order modifying the license if a stated term or condition of the license is changed, added or deleted. A written approval has the full force and effect of a license order and is part of the licensing record.

(f) The Administrator may determine that a modification to a license issued under this part must comply with the requirements in part 450 of this chapter. The Administrator will base the determination on the extent and complexity of the modification, whether the applicant proposes to modify multiple parts of the application, or if the application requires significant evaluation.

Before conducting a licensed launch from a Federal launch range, a launch operator must—

(a) Enter into an agreement with a Federal launch range to provide access to and use of U.S. Government property and services required to support a licensed launch from the facility and for public safety related operations and support. The agreement must be in effect for the conduct of any licensed launch; and

(b) Comply with any requirements of the agreement with the Federal launch range that may affect public safety and safety of property during the conduct of a licensed launch, including flight safety procedures and requirements.

(a) A launch operator must maintain all records necessary to verify that it conducts licensed launches according to representations contained in the licensee's application. A launch operator must retain records for three years after completion of all launches conducted under the license.

(b) If a launch accident or launch incident occurs, as defined by § 401.5 of this chapter, a launch operator must preserve all records related to the event until completion of any Federal investigation and the FAA advises the licensee not to retain the records. The launch operator must make available to Federal officials for inspection and copying all records that these regulations require the launch operator to maintain.

(a) General. A launch operator must satisfy the launch reporting requirements and launch specific updates required by this section and by the terms of the launch operator's license. A launch operator must file any change to the information in the license application, not identified by this section, with the FAA as a request for license modification as required by § 417.11.

(b) Launch reporting requirements for a launch from a Federal launch range or a non-Federal launch site. (1) Launch schedule and point of contact. For each launch, a launch operator must file a launch schedule that identifies each review, rehearsal, and safety critical launch processing. A launch operator must file a point of contact for the schedule. The launch schedule must be filed and updated in time to allow FAA personnel to participate in the reviews, rehearsals, and safety critical launch processing.

(2) Sixty-day report. Not later than 60 days before each flight conducted under a launch operator license, a launch operator must provide the FAA the following launch-specific information:

(i) Payload information required by § 415.59 of this chapter; and

(ii) Flight information, including the launch vehicle, planned flight path, staging and impact locations, and any on-orbit activity of the launch vehicle, including each payload delivery point.

(3) U.S. Space Command Launch Notification. Not later than noon, EST, 15 days before each licensed flight, a launch operator must file a completed Federal Aviation Administration/U.S. Space Command (FAA/USSPACECOM) Launch Notification Form (OMB No. 2120-0608) with the FAA.

(c) Launch specific updates for a launch from a non-Federal launch site. A launch operator must file a launch specific update, required by this part, and any required by the terms of the launch license, for every substantive change to the information outlined in this part. For each launch, a launch operator must file the following launch specific updates:

(1) Flight safety system test schedule. For each launch of a launch vehicle flown with a flight safety system, a launch operator must file an updated flight safety system test schedule and points of contact no later than six months before flight. A launch operator must immediately file any later change to ensure that the FAA has the most current data.

(2) Launch plans. A launch operator must file any changes or additions to its launch plans required by § 417.111 to the FAA no later than 15 days before the associated activity is to take place. A launch operator must file the countdown plan with the FAA no later than 15 days before the countdown is to take place. If a change involves the addition of a new public hazard or the elimination of any control for a previously identified public hazard, a launch operator must request a license modification under § 417.11.

(3) Thirty-day flight safety analysis update. A launch operator must file updated flight safety analysis products, using previously approved methodologies, for each launch no later than 30 days before flight.

(i) The launch operator:

(A) Must account for vehicle and mission specific input data;

(B) May reference previously approved analysis products and data that are applicable to the launch or data that is applicable to a series of launches;

(C) Must account for potential variations in input data that may affect any analysis product within the final 30 days before flight;

(D) Must file the analysis products using the same format and organization used in its license application; and

(E) May not change an analysis product within the final 30 days before flight unless the launch operator identified a process for making a change in that period as part of the launch operator's flight safety analysis process and the FAA approved the process by grant of a license to the launch operator.

(ii) A launch operator need not file the 30-day analysis if the launch operator:

(A) Demonstrates that the analysis filed during the license application process satisfies all the requirements of this subpart; and

(B) Demonstrates the analysis does not need to be updated to account for launch specific factors.

(4) Flight termination system qualification test reports. For the launch of a launch vehicle flown with a flight safety system, a launch operator must file all flight termination system qualification test reports, or test report summaries, as required by section E417.1(i) of appendix E of this part, with the FAA no later than six months before the first flight attempt . The summary must identify when and where the tests were performed and provide the results. Complete qualification test reports must be made available to the FAA upon request.

(5) Flight termination system acceptance and age surveillance test report summaries. For the launch of a launch vehicle flown with a flight safety system, a launch operator must file a summary of the results of each flight termination system acceptance and age surveillance test, or the complete test report, as required by section E417.1(i) of appendix E of this part, no later than 30 days before the first flight attempt for each launch . The summary must identify when and where the tests were performed and provide the results. Complete acceptance and age surveillance test reports must be made available to the FAA upon request.

(6) Command control system acceptance test reports. For the launch of a launch vehicle flown with a flight safety system, a launch operator must file all command control system acceptance test reports, or test report summaries, as required by § 417.305(d), with the FAA no later than 30 days before the first flight attempt. The summary must identify when and where the tests were performed and provide the results. Complete acceptance test reports must be made available to the FAA upon request.

(7) Ground safety analysis report updates. A launch operator must file ground safety analysis report updates with the FAA as soon as the need for the change is identified and at least 30 days before the associated activity takes place. A launch operator must file a license modification request with the FAA for each change that involves the addition of a hazard that can affect public safety or the elimination of a previously identified hazard control for a hazard that still exists.

(a) To assist the U.S. Government in implementing Article IV of the 1975 Convention on Registration of Objects Launched into Outer Space, each launch operator must provide to the FAA the information required by paragraph (b) of this section for all objects placed in space by a licensed launch, including a launch vehicle and any components, except:

(1) Any object owned and registered by the U.S. Government; and

(2) Any object owned by a foreign entity.

(b) For each object that must be registered in accordance with this section, not later than 30 days following the conduct of a licensed launch, an operator must file the following information:

(1) The international designator of the space object(s);

(2) Date and location of launch;

(3) General function of the space object; and

(4) Final orbital parameters, including:

(i) Nodal period;

(ii) Inclination;

(iii) Apogee; and

(iv) Perigee.

A launch operator must comply with financial responsibility requirements as required by part 440 of this chapter and as specified in a license or license order.

(a) A launch operator must allow access by, and cooperate with, Federal officers or employees or other individuals authorized by the FAA to observe any of its activities, or of its contractors or subcontractors, associated with the conduct of a licensed launch.

(b) For each licensed launch, a launch operator must provide the FAA with a console for monitoring the progress of the countdown and communication on all channels of the countdown communications network. A launch operator must also provide the FAA with the capability to communicate with the person designated by § 417.103(b)(1).

(a) For a launch operator launching from a Federal launch range, a launch operator must file a post launch report with the FAA no later than 90 days after the launch, unless an FAA launch site safety assessment shows that the Federal launch range creates a post launch report that contains the information required by this section.

(b) For a launch operator launching from a non-Federal launch site, a launch operator must file a post launch report with the FAA no later than 90 days after the launch.

(c) The post launch report must:

(1) Identify any discrepancy or anomaly that occurred during the launch countdown and flight;

(2) Identify any deviation from any term of the license or any event otherwise material to public safety, and each corrective action to be implemented before any future flight;

(3) For the launch of launch vehicle flown with a flight safety system, identify any flight environment not consistent with the maximum predicted environment as required by D 417.7(b) and any measured wind profiles not consistent with the predictions used for the launch, as required by § 417.7(g)(3); and

(4) For the launch of an unguided suborbital launch vehicle, identify the actual impact location of all impacting stages and any impacting components, and provide a comparison of actual and predicted nominal performance.