§ 450.43 - Payload review and determination.

§ 450.43 Payload review and determination.

(a) General. If applicable, the FAA issues a favorable payload determination for a launch or reentry to a license applicant or payload owner or operator if -

(1) The applicant, payload owner, or payload operator has obtained all required licenses, authorizations, and permits; and

(2) Its launch or reentry would not jeopardize public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations of the United States.

(b) Relationship to other executive agencies. The FAA does not make a determination under paragraph (a)(2) of this section for -

(1) Those aspects of payloads that are subject to regulation by the Federal Communications Commission or the Department of Commerce; or

(2) Payloads owned or operated by the U.S. Government.

(c) Classes of payloads. The FAA may review and issue findings regarding a proposed class of payload, including communications, remote sensing, or navigation. However, prior to a launch or reentry, each payload is subject to verification by the FAA that its launch or reentry would not jeopardize public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations of the United States.

(d) Payload owner or payload operator may apply. In addition to a launch or reentry operator, a payload owner or payload operator may request a payload review and determination.

(e) Interagency consultation. The FAA consults with other agencies as follows:

(1) The Department of Defense to determine whether launch or reentry of a proposed payload or payload class would present any issues affecting U.S. national security;

(2) The Department of State to determine whether launch or reentry of a proposed payload or payload class would present any issues affecting U.S. foreign policy interests or international obligations; or

(3) Other Federal agencies, including the National Aeronautics and Space Administration, authorized to address issues of public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations of the United States, associated with the launch or reentry of a proposed payload or payload class.

(f) Issues during payload review. The FAA will advise a person requesting a payload determination, in writing, of any issue raised during a payload review that would impede issuance of a license to launch or reenter that payload or payload class. The person requesting payload review may respond, in writing, or amend its application as required by § 413.17 of this chapter.

(g) Denial of a payload determination. The FAA notifies an applicant, in writing, if it has denied a favorable payload determination. 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.

(h) Incorporation of payload determination in license application. A favorable payload determination issued for a payload or class of payload may be included by a license applicant as part of its application. However, any change in information provided under paragraph (i) of this section must be reported in accordance with § 413.17 of this chapter. The FAA determines whether a favorable payload determination remains valid in light of reported changes and may conduct an additional payload review.

(i) Application requirements. A person requesting review of a particular payload or payload class must identify the following:

(1) For launch of a payload:

(i) Payload name or class of payload, and function;

(ii) Description, including physical dimensions, weight, composition, and any hosted payloads;

(iii) Payload owner and payload operator, if different from the person requesting payload review and determination;

(iv) Any foreign ownership of the payload or payload operator, as specified in § 450.41(e)(3);

(v) Hazardous materials as defined in § 401.7 of this chapter, radioactive materials, and the amounts of each;

(vi) Explosive potential of payload materials, alone and in combination with other materials found on the payload;

(vii) For orbital launches, parameters for parking, transfer and final orbits, and approximate transit times to final orbit;

(viii) Delivery point in flight at which the payload will no longer be under the licensee's control;

(ix) Intended operations during the lifetime of the payload, including anticipated life span and any planned disposal;

(x) Any encryption associated with data storage on the payload and transmissions to or from the payload; and

(xi) Any other information necessary to make a determination based on public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations of the United States.

(2) For reentry of a payload:

(i) Payload name or class of payload, and function;

(ii) Physical characteristics, dimensions, and weight of the payload;

(iii) Payload owner and payload operator, if different from the person requesting the payload review and determination;

(iv) Type, amount, and container of hazardous materials and radioactive materials in the payload;

(v) Explosive potential of payload materials, alone and in combination with other materials found on the payload or reentry vehicle during reentry; and

(vi) Designated reentry site.