Introduction to FAA-AST Pre-Application Consultation, Application Evaluation Process, Regulations, Licenses, and Analyses

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Authorizes the FAA to license commercial launch and reentry activities and the operation of launch and reentry sites as carried out by a citizen of the United States

• Mission: To ensure protection of the public, property, and the national security and foreign policy interests of the United States during commercial launch or reentry activities, and;

• To encourage, facilitate, and promote U.S. commercial space transportation

Over 300 licensed and permitted commercial launches and reentries since 1989 without any public casualties or major property damage

ast.faa.gov

FAA Office of Commercial Space Transportation (AST)

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An entity must obtain a license:• To launch a launch vehicle from the United States;• To operate a launch or reentry site within the United States;• To reenter a reentry vehicle in the United States.

An entity may obtain an experimental permit:• To launch a reusable suborbital vehicle from the United States for research and

development, or prior to obtaining a launch license, to show compliance with requirements for a license or crew training.

A U.S. citizen or an entity organized under the laws of the United States or any State must obtain a license:

• To launch a launch vehicle outside the United States;• To operate a launch or reentry site outside of the United States;• To reenter a reentry vehicle outside of the United States; or

FAA does not license launches or reentries “the Government carries out for the Government”:

• NASA and the Department of Defense typically carry out their own launches.

Who Needs a License or Permit?

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• Chief Engineer

• Special Projects

• Research

• Center of Excellence

• Technical Oversight

• Trends

• Safety Management

System (SMS)

AST Organizational Chart

Associate Administrator (A)

AST-1 Kelvin Coleman

Deputy Associate Administrator (A)

AST-2 Dorothy Reimold

• Environmental Reviews

• Air & Space Integration

• Spaceport Grants

• Licensing

• Experimental Permits

• Safety Approvals

• Waivers

• Rulemaking

• Safety Analysis & Tools

• Advisory Circulars

• Guides

• Safety Inspections

• Mishap Response

• Enforcement

• Federal Ranges

AST-400

Safety Inspection

Division

Mark Wright

AST-200

Licensing and

Evaluation

Division

Ken Wong

AST-100

Space Transportation

Development Division

Daniel Murray

Howard Searight

AST-500

Operations Integration

Division

Pam Underwood

Michelle Murray

AST-300

Regulations &

Analysis Division

Stewart Jackson

Randy Repcheck

Director of Advanced Programs

and Innovation, AST-4

Ravi Chaudhary

• Project Integration

• Government Partnerships

• Pre-Application

Consultation

• Partnerships for Safety

Office of Strategic Planning

AST-3

Chief of Staff

Ben Berlin

• Interagency

Affairs

• Communications

• Legislative Affairs

• Training

• Policy

• International Outreach

• Strategic Planning

• Resource Management

• Stakeholder Management

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FAA Authority

CFR Title Volume Chapter Part Regulatory Entity

14:

Aeronautics

and Space

1 I 1-59 Federal Aviation Administration,

Department of Transportation

(Aviation Safety Regulations)2 60-139

3 140-199

4 II 200-399 Office of the Secretary,

Department of Transportation

(Aviation Proceedings)

III 400-1199 Commercial Space Transportation,

Federal Aviation Administration,

Department of Transportation

5 V 1200-1299 National Aeronautics and Space Administration

VI 1300-1399 Air Transportation System Stabilization

Statutory Authority - United States Code (USC): • Aviation regulations: U.S. Code: Title 49 – Transportation• Space regulations: U.S. Code: Title 51 – National & Commercial Space Programs

Code of Federal Regulations (CFR):

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Expendable Launch Vehicles (ELV)

Commercial Launch/Reentry Licenses

Commercial Launch Site Licenses

Experimental Permits

Safety Approvals

Inspections of Launch Operations and Sites

Launch Sites

Reusable Launch Vehicles (RLV)

What types of activities is FAA/AST involved in?

Air Launch (ELV/RLV)

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License/Permit Types

Part 415/417 – Launch License - (ELV)

Part 431 – Launch and Reentry License - (RLV)

Part 435 – Reentry License (Non-RLV)

Part 437 – Experimental Permit

Part 420 – Launch Site (LSOL) i.e. Spaceport

Part 433 – Reentry Site (RSOL) i.e. Spaceport

Types of Licenses and Permits

Key Terms

ELV- Expendable Launch vehicle

RLV- Reusable Launch Vehicle

LSOL- Launch Site Operator License

RSOL- Reentry Site Operator License

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NAS Integration

…Timeframe determined by applicant proposal... 180 or 120 days

AST Process Overview –License to Operate a Vehicle

Stage 1: Pre-application

Consultation

Stage 2:

Evaluation

Stage 3: Launch/Reentry

Ops

Environmental Review

Safety Review

Safety Inspection

MonitoringPolicy Review

Payload Review

Financial Responsibility

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Required per 14 CFR part 413.5

Our goal is to:

• Educate potential license, permit, or safety approval applicants about FAA regulations and processes

• Enable development of a high fidelity, complete application.

• Provide opportunity for applicants to gain a clear understanding the Part 400 regulations and associated review processes apply to proposed operations

• Provide FAA opportunity to gain an understanding of potential applicant’s proposed operation(s) prior to application submittal

• Execute a process that enables FAA and applicant to work together efficiently to identify and proactively resolve technical, legal or policy challenges associated with the proposed activities.

Stage 1: Pre-Application Consultation

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Pre-Application Items for Consideration:

• Environmental Assessment

• System Safety Analysis

• Flight Safety Analysis

• Maximum Probable Loss

• Air Traffic Organization/Airspace Integration

• Airports

• Safety Inspection Overview

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ApplicationLicense/Permit

Determination

Policy

Review

Financial

Responsibility

Determination*

Pre-Application

Consultation

Safety

Review

Payload

Review*

Environmental

Determination License: 180 day process

Permit: 120 day process

*Not applicable for Launch Site

Operator License Application

Interagency

Review

FAA Technical Evaluation

FAA AST Resources:

•AST-200: Licensing Lead

•AST-500: Company Partner

Manager

•AST SME Team: AST-100,

AST-300, AST-400, AST-500

Stage 2: Evaluation - The Licensing/Permit Determination Process

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InsuranceLicensees and Permittees must obtain liability insurance or 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; and

• The U.S. Government for damage or loss to government property.

Statutory ceilings:

• Third party - $500M maximum

• Government property - $100M maximum

Insurance & Indemnification

Indemnification

• The U.S. Government will indemnify, subject to Congressional appropriation, a licensee for any claims above the insured amount.

• Space flight participants are not eligible for indemnification.

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Verify Operator Compliance with:• Applicable United States Code• Applicable FAA Regulations• Representations made in application• Any special terms and conditions

Examples of typical inspection items:• Processes and procedures

• Particularly those concerning flight safety systems• Rehearsals and readiness reviews• Mishap response plan (signed)• Launch commit criteria• Mission and flight rules

Interaction:• Ask questions to verify compliance• Respond to licensee queries• Provide feedback as necessary – proactive approach

Stage 3: Inspection Overview

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Resources

• Website: ast.faa.gov

• License/Permit Guidance (click on Licenses, Permits and Approvals from list on left in website)

• Legislation & Policies

• Regulations - 14 CFR Part 400: eCFR Title14, Part 400