FAA LICENSING

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FAA LICENSING
AIAA SPACE 2004 PANEL Establishing Near-Term
Reusable Space Access for Passengers and Cargo as
Part of a Space Logistics Infrastructure
SEPTEMBER 29TH, 2004 Charles R.
Larsen Office of the Associate Administrator for
Commercial Space Transportation Federal Aviation
Administration
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SCOPE

• Background
• Organization
• Launch Licensing Process
• The License
• Safety Inspection Program
• Enforcement
• RLV Considerations

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BACKGROUND

• HISTORICAL PERSPECTIVE
• 1982 - First non-federal launch proposed
• 1984 - Executive Order 12465 and Commercial
  Space Launch Act (the Act)
• 1988 - First launch license issued
• 1989 - First licensed launch
• 1995 - Secretary of Transportation delegated
  authority to FAA to license commercial
  space activities
• 1996 - First launch site operator license issued
• 2004 First license for a sub-orbital manned
  rocket flight issued

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BACKGROUND (contd)

• LEGISLATIVE AMENDMENTS
• 1988 Amendments
• revised insurance requirements
• created a framework to govern third-party
  liability compensation when aggregate claims
  exceeded required financial responsibility
  amounts
• Commercial Space Act of 1998
• included reentry vehicles and reentry operations
  within the scope of commercial space launch
  activities
• included the authority to issue safety approvals
  of launch and reentry vehicles, safety systems,
  processes, services, or personnel

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BACKGROUND (contd)

• LEGISLATIVE AMENDMENTS (contd)
• Commercial Space Transportation Competitiveness
  Act of 2000
• extended indemnification for commercial space
  launch and reentry vehicles through December 31,
  2004

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ORGANIZATION
Patricia G. Smith Associate Administrator Dr.
George Nield Deputy Associate Administrator
CST Safety Office At CCAFS Al Wassel
Space Systems Development Division Herbert
Bachner
System Engineering and Training Division Stewart
Jackson, Acting
Licensing and Safety Division Carole Flores
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ORGANIZATION (contd)

• SPACE SYSTEMS DEVELOPMENT DIVISION
• Space Systems Analysis
• Pre-application Consultation
• Safety Research
• Environmental Studies
• Economic Analyses and Assessments
• Space Policy
• Forecasts and Modeling
• Support of International Agreement Negotiations
• Space and Air Traffic Management Systems Program

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ORGANIZATION (contd)

• LICENSING AND SAFETY DIVISION
• License Application Evaluations
• Maximum Probable Loss Analyses (Insurance)
• Safety Inspections
• Enforcement Actions
• Mishap Investigations (may involve NTSB)
• Safety Regulations Development
• Guidance And Safety Standards
• Safety Studies
• Interagency and Technical Coordination

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ORGANIZATION (contd)

• SYSTEMS ENGINEERING AND TRAINING DIVISION
• Develops Safety Standards
• Develops and Delivers Technical Training
• Provides Expert Consultative Support to AST

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LAUNCH LICENSING PROCESS
Policy Review
Safety Review
Payload Review
Application
License
MPL Determination
Environmental Determination
Launch-Specific or Launch Operator License
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LAUNCH LICENSING PROCESS (contd)

• POLICY REVIEW
• Determines at a policy level whether a proposed
  launch would jeopardize U.S. national security or
  foreign policy interests, or international
  obligations of the United States
• Interagency review
• Department of Defense
• Department of State
• Other

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LAUNCH LICENSING PROCESS (contd)

• SAFETY REVIEW
• Determines whether an applicant can safely
  conduct the preparation and launch of a launch
  vehicle and its payload
• For launches from federal launch range
• applicant must satisfy the regulatory
  requirements
• the launch services and proposed use of launch
  property are within the federal launch range's
  experience as documented by AST in the Baseline
  Assessment

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LAUNCH LICENSING PROCESS (contd)

• ELEMENTS OF THE SAFETY REVIEW
• Safety Organization
• Risk Analysis
• Design and Operations
• Flight Readiness
• Communications Plan
• Safety At End of Launch
• Accident Investigation Plan
• RLVs Three Pronged Approach

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LAUNCH LICENSING PROCESS (contd)

• PAYLOAD REVIEW
• Exempt payloads
• are subject to regulation by the FCC or NOAA
• are owned or operated by the U.S. Government
• If not exempt, determine whether its launch would
  jeopardize public health and safety, safety of
  property, U.S. national security or foreign
  policy interests, or international obligations of
  the United States
• Conduct Interagency Review

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LAUNCH LICENSING PROCESS (contd)

• MAXIMUM PROBABLE LOSS (MPL)
• DETERMINATION
• Licensees must demonstrate financial
  responsibility to compensate for the maximum
  probable loss (MPL) from claims by
• a third party for death, bodily injury, or
  property damage or loss
• the U.S. Government for damage or loss to
  government property

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LAUNCH LICENSING PROCESS (contd)

• MPL DETERMINATION (contd)
• AST establishes four MPL values
• pre-flight third party
• pre-flight government property
• flight third party
• flight government property
• Third parties are considered
• government workers and their contractors
• persons who are not involved with the launch

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LAUNCH LICENSING PROCESS (contd)

• ENVIRONMENTAL DETERMINATION
• Issuance of a license is considered to be a major
  federal action under NEPA
• AST is required to consider the environmental
  effects of commercial space launch activities
  authorized under a license
• The licensee, under review by FAA, is responsible
  for developing the environmental documentation

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THE LICENSE

• LAUNCH-SPECIFIC LICENSE
• Authorizes a licensee to
• conduct one or more launches
• having the same launch parameters
• of one type of launch vehicle
• from one launch site.
• Authorization terminates upon completion of all
  launches or the expiration date stated in the
  license, whichever occurs first

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THE LICENSE (contd)

• LAUNCH OPERATOR LICENSE
• Authorizes a licensee to
• conduct launches from one launch site
• within a range of launch parameters
• of launch vehicles from the same family of
  vehicles
• transporting specified classes of payloads
• Remains in effect for five years from the date of
  issuance

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SAFETY INSPECTIONPROGRAM

• Ensures the Licensee
• complies with license terms and conditions
• operates consistent with application commitments
• Non-Compliance May Lead To
• notices of non-compliance
• enforcement actions

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POTENTIAL INSPECTION ACTIVITIES

• Identification of support requirements
• Non-launch monitoring (e.g., financial
  responsibilities, waivers of claims)
• Verification of safety documentation, policies,
  and procedures, and responsibilities
• Compliance with federal agency coordination
  procedures and responsibilities
• Verification of key safety operations and
  hardware
• compliance with personnel qualifications
• Mission readiness verification
• Effectiveness of launch communications net

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Enforcement Options

• Notice(s) of non-compliance
• License suspension or revocation
• Emergency or restriction orders
• Civil penalties

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RLV CONSIDERATIONS

• DEVELOPMENT OF CST GUIDELINES FOR RLVs
• Draft Guidelines for Licensed Suborbital RLV
  Operations with Flight Crew
• Preliminary Guidelines for Commercial RLV
  Operations and Maintenance
• Working on Draft Guidelines for Licensed
  Suborbital RLV Operations with Passengers

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RLV Considerations (Contd)

• AST RESEARCH AND DEVELOPMENT
• Autonomous Flight Safety Systems and Integrated
  Vehicle Health Monitoring
• Medical and Equipment Criteria for Human
  Spaceflight
• Structural Inspection Through Bonded TPS
• Alternative Methodology for Satisfaction of the
  Ec Criterion for Launch Licensing
• Development of Debris Models to Facilitate
  Reentry
• Radio Frequency Blackout During Reentry

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FOR MORE INFORMATION

• ASTs WEB SITE
• Home page - http//ast.faa.gov/
• Licensing, Regulations Regulatory Activity -
  http//ast.faa.gov/lrra/
• About Licensing
• Statute, Regs, ACs Notices
• Application Information
• Licensing Safety Reports
• Enforcement
• Environmental Review
• Current Licenses