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Both Orbital and Rotary Rocket objected to this provision. Orbital at 5; Rotary Rocket at 5. Neither, however, proposed a different solution for addressing the problem of an applicant not supplying requested information in a timely fashion. For the reasons discussed above, the FAA adopts the tolling provision.
Section 413.17, which renumbers and amends former section 413.19, describes an applicant's responsibility for the continuing accuracy and completeness of the information contained in the applicant's license application. Orbital objects to requiring that an applicant update its application any time it is no longer accurate and complete in all respects, and recommends retaining the language of former section 413.19. Orbital at 6. The FAA agrees that it need not be advised of any and all changes, and will therefore incorporate a materiality standard. An applicant should note, however, that the FAA considers a great majority of the information required for an application to be material. Otherwise, the FAA would not require that information. An applicant must advise the FAA in a timely manner of any proposed material change in any representation contained in its application, including, without being limited to, its launch plans or operations, launch procedures, classes of payloads, orbital destinations, safety requirements, the type of launch vehicle, flight path, launch site, and launch point, or any safety related system, policy, procedure, requirement, criteria or standard, related to commercial space launch or launch site operation activities, that may affect public health and safety, the safety of property, including government property, or hazards to the environment. Because the FAA proposes to rely upon federal launch ranges for launches from those sites, an applicant must also notify the FAA in a timely manner in the event the applicant applies to the federal range for a waiver to, or deviates from the federal range's safety requirements or procedures.
Changes to an application may lengthen the time that the FAA requires to complete its reviews in support of a license determination. The FAA will reserve to itself the right to toll the 180-day review period in the event that any amendment to an application so radically changes the applicant's proposal that the change, in effect, constitutes a new application. The FAA's experience, however, has been that most amendments, while important, have a relatively minor impact on the processing time, particularly if those amendments are submitted in a timely manner.
Section 413.19 addresses issuance of a license.
Section 413.21 contains the procedures employed by the FAA when it denies an applicant a license, and describes the recourse available to that applicant. An applicant may attempt to correct the deficiencies that resulted in the denial of its application and request reconsideration of its application, or it may request a hearing to show why the application should not be denied.
Section 413.23 allows a licensee to apply for renewal of an expiring license. A licensee seeking authorization to conduct activities that are substantially different from those authorized under the expiring license is not eligible for renewal of the license and must apply for a new license.
Part 415--Launch License
Part 415 establishes requirements applicable to obtaining a license to launch a launch vehicle and establishes post-licensing requirements. The provisions of this part apply to prospective and licensed launch operators and to prospective payload owners and operators, and should be read in conjunction with the general application requirements of part 413. This part replaces and amends the former part 415. A flow chart of the launch license application process is provided in Figure 1.
Subpart A describes the scope and types of launch licenses, required approvals or determinations, and procedures governing issuance or transfer of a launch license. Like the former section 415.1, the new section 415.1 explains that part 415 prescribes requirements for obtaining a launch license and adds that it prescribes post-licensing requirements. Section 415.3, a new provision arising out of this rulemaking, addresses the types of launch licenses issued, as discussed previously.
　
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