(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.
[Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79715, Dec. 10, 2020]