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The FAA fully recognizes the comprehensive and responsible safety oversight that DOD and NASA have exercised at their ranges for over forty years. The FAA communicates on an ongoing basis with the federal launch ranges regarding standards and launch activities. The FAA also recognizes the scope of information that a launch operator employing federal range services must submit for approval over a two to three year period in order to conduct launch operations. Therefore, for launches that take place from DOD or NASA launch ranges, the FAA’s regulatory program makes maximum use of information provided by an applicant to the federal launch range and of federal launch range analyses and approvals. This means that the FAA relies on the processes of the federal launch range and does not duplicate those safety analyses conducted by a federal launch range.
A federal launch range requires a launch operator to provide data regarding its proposed launch. The range evaluates the data to ascertain whether the launch operator will comply with range requirements. The range also uses the data to prepare range support for the mission. DOD ranges require that a launch operator apply for and obtain specific mandatory approvals from the range in order to conduct certain specified operations. For example, the Air Force's Eastern and Western Range Requirements 127-1 require a launch operator to obtain approvals for hazardous and safety critical procedures before the range will allow those operations to proceed. In the event that a launch operator's proposal does not fully comply with range requirements, a range may issue a deviation or a waiver if the mission objectives of the launch operator could not otherwise be achieved. A range may issue a deviation to allow a launch even when a launch operator's designs or proposed operations do not comply with range requirements. A range may issue a waiver when it is discovered after production that hardware does not satisfy range requirements or when it is discovered that operations do not meet range requirements after operations have begun at a federal range. A range will allow a deviation or grant a waiver only under unique and compelling circumstances, or when the intent of the range requirements is met.
The FAA’s baseline assessments of various federal launch ranges found their safety services adequate. The FAA will not require an applicant to demonstrate the adequacy of the range services it proposes to employ if the applicable baseline assessment included those services and if those services remain adequate. Certain showings regarding the applicant's own capabilities are still required. The FAA requires specific information regarding the interface between the safety organizations of a federal launch range and of an applicant. In the event that a service or procedure upon which an applicant proposed to rely was not within the documented experience of the federal launch range that the applicant proposed to utilize, the applicant would have to demonstrate the safety of that particular aspect of its launch. This is also true if a documented range safety service has changed significantly or has experienced a recent failure. In those cases, the burden of demonstrating safety shifts to the applicant.
The revisions also codify FAA guidelines containing National Transportation Safety Board (NTSB) recommendations concerning launch readiness and countdown procedures. The FAA's guidelines implement NTSB recommendations made following an investigation of a commercial launch anomaly occurring during a launch from a federal launch range. These guidelines are designed to ensure that a launch licensee has clear lines of authority and communication during launch, and has specific procedures governing other safety aspects of its launch operations. The NTSB filed comments to the docket stating that the regulations proposed in the NPRM would, if implemented, satisfy the intent of the NTSB’s recommendations. Accordingly, the NTSB supports their adoption.

Discussion of Parts Effected by the Rule
　
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