U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

ORDER
JO 7400.2G
Effective Date:
April 10, 2008
 
     
Subject:  Procedures for Handling Airspace Matters


Chapter 31. Rocket and
Launch-Vehicle Operations

Section 1. General

31-1-1. PURPOSE

This chapter provides guidance, policies, and procedures for processing requests for rocket and launch vehicle operations in the NAS.

31-1-2. AUTHORITY

a. Public Law (PL) 98-575. Congress enacted PL 98-575, Commercial Space Launch Act of 1984, codified at 49 USC subtitle IX, Chapter 701, with its purpose to:

1. Promote economic growth and entrepreneurial activity through utilization of the space environment for peaceful purposes.

2. Encourage the U.S. private sector to provide launch vehicles and associated launch services by simplifying and expediting the issuance or transfer of launch licenses and by facilitating and encouraging the utilization of Government-developed space technology.

3. Designate an executive department to oversee and coordinate the conduct of launch operations, to issue and transfer launch licenses authorizing such activities, and to ensure that public health and safety, foreign policy, and national security interests of the United States are satisfied.

b. Part 101 prescribes rules governing the operation in the United States of moored balloons, kites, unmanned rockets, and unmanned free balloons.

Part 400 establishes procedures and requirements regarding the authorization and supervision of all space launch activities conducted from within U.S. territory or by U.S. citizens. The part 400 regulations, however, do not apply to amateur rocket activities or to space launch activities carried out by the U.S. Government on behalf of the U.S. Government.

31-1-3. POLICY

It is air traffic policy that all rocket launch vehicle proposals that seek a waiver of part 101 requirements, and that are expected to reach an altitude higher than 25,000 feet above ground level, and those rockets/launch-vehicles that are categorized as "amateur" or licenseable under part 400 shall be forwarded to Airspace and Rules for headquarters review. Airspace and Rules will coordinate the proposals with AST and submit a waiver recommendation to the concerned service area office.

31-1-4. RESPONSIBILITY

a. Air traffic continues to have the waiver authority for certain categories of amateur rockets, and is responsible for integrating all rocket and launch-vehicle operations into the NAS. Additionally, AST is responsible for issuing licenses for non-Federal government space launches, launch sites, space reentry, reentry sites and their associated operations. Therefore, communication and coordination between AST and air traffic is paramount. Since the AST line of business is not currently represented at the regional headquarters level, the required AST coordination must occur at the FAA Headquarters level.

b. Airspace and Rules is air traffic's point of contact for such activities and is directly responsible for coordinating certain proposals regarding airspace operations and procedures with AST.

c. The Licensing and Safety Division, AST-200, within the Office of Commercial Space Transportation is responsible for the licensing of launch sites and those launch vehicle operations that fall under part 400. Additionally, any required waivers and/or exemptions to part 400 will also be issued by AST-200.

31-1-5. ENVIRONMENTAL IMPACT ANALYSIS

a. Launch site and reentry actions are subject to NEPA Order 1050.1, Policies and Procedures for Considering Environmental Impacts, and other applicable regulations, public laws, and statutes.

b. All NEPA requirements associated with licensed commercial space transportation activities will be addressed by AST as part of the site licensing process.

31-1-6. DEFINITIONS

As used in this chapter, the following terms are defined below:

a. Unmanned rockets. Those rocket operations conducted by private citizens or model rocket clubs for the sole purpose of pursuing and enjoying a hobby. These types of rockets are categorized as either small or large based on their characteristics as described below.

1. Small model/amateur rockets. Rockets are generally small in size, and have a short propellant burn time (less than 15 seconds). Usually, these rockets have trajectories and flight paths that can be easily monitored by the operator and/or spotters to ensure the safety provisions contained in Section 101.23 are met.

2. Large model/amateur rockets. Rockets that are normally larger, and have greater propellant burn times (equal to or greater than 15 seconds). These rockets will most always enter controlled airspace requiring a waiver to part 101.

b. Other unmanned rockets. Those rockets or missiles that use more than 125 grams of propellant, or weigh more than 1,500 grams, including the propellant, must comply with all the requirements of part 101, Subpart C - Unmanned Rockets, and may require a license (or exemption) to operate under part 400 depending on other rocket characteristics.

c. Launch Vehicles. Launch vehicles built to operate, or place any payload, in outer space, low earth orbit, or a sub-orbital trajectory (equal to or greater than 15 seconds). Part 400 requires that operations of launch vehicles be licensed by AST.

   
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