Nathan O'Konek

As a leading RLV operator that has conducted over one hundred tethered launches under 14 CFR Part 101, and as a prospective RLV mission operator licensee, Masten Space Systems, Inc. (MSS) was pleased to review the Federal Aviation Administration’s (FAA) notice of proposed rulemaking (NPRM) concerning the exclusion of tethered launches from 14 CFR Chapter III licensing requirements (docket number FAA-2012-0045). As an experienced tethered launch vehicle operator, MSS is uniquely qualified to assess and offer constructive suggestions on the proposed exclusion of tethered launches from the requirements of Chapter III. While MSS agrees that an exclusion of tethered launches has the potential to alleviate burdens on both vehicle operators and the FAA, MSS is concerned that certain tether system requirements included in the proposed rule will result in an exclusion that is too narrow to encompass many current and prospective tether launch activities. The enclosed comment concludes that the proposed rule’s maximum allowable altitude constraint and prescribed tether system yield and ultimate stress safety factors would result in the creation of an overly narrow category of excluded activities and limit the beneficial economic impact of the rule on prospective commercial RLV tethered launches. The revisions MSS suggests seek to ensure that the final rule will alleviate burdens on both vehicle operators and the FAA by ensuring that the scope of the proposed exclusion will be broad enough to realistically encompass current and prospective tethered launch activities.