View all text of Subpart B [§ 450.31 - § 450.47]

§ 450.45 - Safety review and approval.

(a) General. The FAA issues a safety approval to an applicant if it determines that an applicant can conduct launch or reentry without jeopardizing public health and safety and safety of property. A license applicant must satisfy the application requirements in this section and subpart C of this part.

(b) Services or property provided by a Federal launch or reentry site. The FAA will accept any safety-related launch or reentry service or property provided by a Federal launch or reentry site or other Federal entity by contract, as long as the FAA determines that the launch or reentry services or property provided satisfy this part.

(c) Issues during safety review. The FAA will advise an applicant, in writing, of any issues raised during a safety review that would impede issuance of a safety approval. The applicant may respond, in writing, or amend its license application as required by § 413.17 of this chapter.

(d) Denial of a safety approval. The FAA notifies an applicant, in writing, if it has denied a safety approval for a license application. The notice states the reasons for the FAA's determination. The applicant may seek further review of the determination in accordance with § 413.21 of this chapter.

(e) Application requirements. An applicant must submit the information required in the “Application requirements” paragraphs in individual sections in subpart C of this part, as well as the following:

(1) General. An application must—

(i) Contain a glossary of unique terms and acronyms used in alphabetical order;

(ii) Contain a listing of all referenced material;

(iii) Use equations and mathematical relationships derived from or referenced to a recognized standard or text, and define all algebraic parameters;

(iv) Include the units of all numerical values provided; and

(v) Include a legend or key that identifies all symbols used for any schematic diagrams.

(2) Site description. An applicant must identify the proposed launch or reentry site, including contingency abort locations, and submit the following:

(i) Boundaries of the site;

(ii) Launch or landing point locations, including latitude and longitude;

(iii) Identity of any site operator; and

(iv) Identity of any facilities at the site that will be used for pre- or post-flight ground operations.

(3) Vehicle description. An applicant must submit the following:

(i) A written description of the vehicle or family of vehicles, including structural, thermal, pneumatic, propulsion, electrical, and avionics and guidance systems used in each vehicle, and all propellants. The description must include a table specifying the type and quantities of all hazardous materials on each vehicle and must include propellants, explosives, and toxic materials; and

(ii) A drawing of each vehicle that identifies:

(A) Each stage, including strap-on motors;

(B) Physical dimensions and weight;

(C) Location of all safety-critical systems;

(D) Location of all major vehicle control systems, propulsion systems, pressure vessels, and any other hardware that contains potential hazardous energy or hazardous material; and

(E) For an unguided suborbital launch vehicle, the location of the vehicle's center of pressure in relation to its center of gravity for the entire flight profile.

(4) Mission schedule. An applicant must submit a generic launch or reentry processing schedule that identifies any readiness activities, such as reviews and rehearsals, and each safety-critical pre-flight operation to be conducted. The mission schedule must also identify day of flight activities.

(5) Human space flight. For a proposed launch or reentry with a space flight participant, crew, or government astronaut on board a vehicle, an applicant must demonstrate compliance with §§ 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this chapter.

(6) Radionuclides. The FAA will evaluate the launch or reentry of any radionuclide on a case-by-case basis, and issue an approval if the FAA finds that the launch or reentry is consistent with public health and safety, safety of property, and national security and foreign policy interests of the United States. For any radionuclide on a launch or reentry vehicle, an applicant must—

(i) Identify the type and quantity;

(ii) Include a reference list of all documentation addressing the safety of its intended use; and

(iii) Describe all approvals by the Nuclear Regulatory Commission for pre-flight ground operations.

(7) Additional material. The FAA may also request—

(i) Any information incorporated by reference in the license application; and

(ii) Additional products that allow the FAA to conduct an independent safety analysis.

[Docket No. FAA-2019-0229, Amdt. 450-2, 85 FR 79719, Dec. 10, 2020; 85 FR 79739, Dec. 10, 2020, as amended by Doc. No. FAA-2023-1656, Amdt. No. 450-3, 89 FR 76729, Sept. 19, 2024]