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C. ch. 35—International Emergency Economic Powers, §§ 1701-1706, apply to the President’s exercise of authority in a national emergency. The FAA, on the other hand, may apply the information on a more routine basis, and for its own purposes. For example, the FAA has occasion, as with Sea Launch, to determine whether a U.
S. citizen controls a license applicant for purposes of ascertaining whether the launch operator requires a license. Nor do the regulations Kistler cites address all forms of foreign ownership. On its face, part 800 only applies to mergers, acquisitions and takeovers by foreign persons. 31 CFR Part 800. There are transactions that are not acquisitions under part 800. See 31 CFR § 800.302 and examples provided. In light of the fact that not all foreign ownership receives scrutiny under part 800, the FAA finds that its information requirements concerning foreign ownership will not duplicate those of the Treasury. The FAA also takes note of the fact that part 800 does not alter or affect any other reviews. Accordingly, because the FAA itself may require the information regarding foreign ownership in order to determine whether a U.
S. citizen exercises control over an applicant, because the Departments of State and Defense have interests in foreign ownership issues, and because the Treasury regulations do not address all forms of foreign ownership, the FAA adopts paragraph 415.25(c)(2) as proposed.
Section 415.25(d)(2) requires an applicant to identify proposed vehicle flight profiles. Space Access maintains that compliance may be difficult when planning large numbers of launches. To date, it has been the experience of the FAA that compliance is possible. An applicant may satisfy this requirement by providing a range of proposed flight azimuths, trajectories, ground tracks, and instantaneous impact points. Launch frequency should not affect an accurately identified range of flight profiles. In any event, this same information is also used by the FAA in its safety review and is critical to assessing public risk.
Section 415.25(d)(3) requires information regarding the sequence of major launch events during flight. In this regard, the FAA expects to be informed of events such as approximate engine burn times of all stages, stage separation events, pitch and yaw maneuvers and engine cutoff. An applicant may provide this information through a text explanation or through diagrams and charts.
Section 415.25(d)(4) requests a description of the range of nominal impact areas for all spent motors and other discarded mission hardware. The area identified for each impacting component shall include that area within three standard deviations of the nominal impact point, a calculation otherwise known as a 3-sigma footprint.
Section 415.27 contains procedures employed by the FAA when it denies an applicant a policy approval and describes the recourse available to that applicant. If an applicant fails to obtain a policy approval, the applicant may attempt to correct the deficiencies which resulted in the denial and request reconsideration of the denial, or, upon denial of a license, it may request a hearing. The final version of this provision differs slightly from what the NPRM proposed. The NPRM stated that an applicant who was denied a policy approval could reapply. In order to avoid confusion, the provision now permits an applicant to request the FAA’s reconsideration of its denial. This makes clear that the FAA need only reconsider an issue once rather than an unlimited number of times. The particular issue in controversy may serve as one of the reasons for requesting a hearing before an administrative law judge after denial of a license.
FIGURE 1, FAA LAUNCH LICENSE PROCESS
Subpart C addresses the FAA's safety evaluation process for license applications for launch from a federal launch range. This subpart is new and replaces the former subpart B—Safety Review, 14 CFR §§ 415.11-415.17. Because of the history and safety record of the federal launch ranges, and because the FAA's baseline assessments provide a written record of the federal launch range's experience relevant to commercial space transportation, the FAA accepts that a federal launch range will perform its safety role. Accordingly, the FAA's information requirements are directed more toward an applicant's own safety capabilities and its integration with a federal launch range’s safety organization. The FAA requires information regarding an applicant's safety organization, vehicle design and operational safety practices. This subpart includes standards regarding acceptable flight risk and requires an applicant to submit procedures and plans that demonstrate that it will satisfy certain other safety requirements if it obtains a license.
　
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