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Sections 415.5 and 415.7 identify the approvals and determinations required to qualify for a launch license. These sections require a license applicant to obtain policy and safety approvals from the FAA. Section 415.7 constitutes an administrative change, although the FAA has conducted payload reviews in the past. This provision requires an applicant to obtain a payload determination unless the payload is otherwise exempt from FAA consideration. The owner or operator of the proposed payload may also apply for a payload determination. Only a launch license applicant may apply for safety and policy approvals, and, as with former section 415.5, may apply for either approval separately and in advance of submitting a complete license application. An applicant applying for a separate approval should note, however, that some of the information described as required for one approval may be necessary for a different approval. In order to avoid duplication, the FAA is requesting only once material that is relevant to more than one review. For example the information required by section 415.25 is germane to an FAA safety review although it is also pertinent to a policy review.
In addition to the approvals and determinations that the FAA requires of an applicant for a launch license, an applicant should bear in mind that the National Environmental Policy Act (NEPA) requires the FAA, prior to considering a license application, to perform environmental reviews of major federal actions such as issuing a launch license. Accordingly, if a proposed launch vehicle is not otherwise already encompassed by a 1986 Programmatic Environmental Assessment of Commercial Expendable Launch Vehicle Programs, then NEPA may direct the FAA to perform an additional environmental review. No other approvals or determinations are required from the FAA in order for an applicant to obtain a license for launch of a launch vehicle.
This subpart also contains new provisions for issuance and transfer of a launch license. Once an applicant has obtained all required approvals, the FAA will issue a launch license under section 415.9.
Section 415.11, a new provision, allows the FAA to modify a launch license at any time by modifying or adding terms and conditions to the license to ensure compliance with the Act and regulations. Although standard license terms and conditions, contained in subpart E, apply to all licensees, it is the experience of the FAA that a particular licensee’s launch may present unique circumstances which apply only to that licensee. In that event, the FAA may issue or modify a license with terms and conditions not identified in subpart E to protect public health and safety, safety of property, U.S. national security and foreign policy interests, or international obligations of the United States. A licensee may also initiate license modification.
Under section 415.13, a new provision, only the FAA may transfer a license, and only upon application by the transferee. The prospective transferee must satisfy all requirements for obtaining a license as specified in parts 413 and 415.
Subpart B describes the requirements for a policy review. To date a policy review has been known as a mission review under former sections 415.21-415.25. Because the FAA now separates a payload determination from any mission review, it is changing the name of the review to policy review to more accurately identify its purpose. Under sections 415.21 and 415.23, a policy review addresses whether some aspect of a proposed launch presents any issues affecting U.S. national security or foreign policy interests or is inconsistent with international obligations of the United States. Specific launch safety issues will be addressed only in a safety review although the FAA will address payload safety issues in the course of a payload determination. Only a launch license applicant may request a policy approval. An applicant must provide the information required by subpart B so that the FAA may review those aspects of an applicant's launch proposal that are not related to safety. The FAA coordinates this review with other government agencies, including the Departments of Defense, State, and Commerce, the National Aeronautics and Space Administration and the Federal Communications Commission. Space Access questioned the inclusion of NASA in the policy review. Space Access at 12. Space Access states that NASA does not determine U.S. national security, foreign policy or questions of international obligations. Id. The FAA’s experience has been that NASA, as the primary civilian government launch operator, often offers insights of value with respect to issues of concern. The FAA plans to continue to consult with NASA for a number of reasons. NASA has a long history of launching expendable launch vehicles, and currently operates the Space Shuttle. NASA also operates a federal launch range . NASA procures launch services from the private sector for a wide range of satellites and space probes. Also, NASA has programs and assets that it may wish bring to the FAA’s attention in the context of a particular launch. Accordingly, NASA will remain one of the agencies regularly consulted regarding any launch license application.
　
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