Section 4. Launch and Reentry Sites

31-4-1. RESPONSIBILITIES

a. Operator. Prior to operating a launch or reentry site, the operator must apply for and obtain a license from the Office of Commercial Space Transportation (AST). With regard to airspace management, the 14 CFR 400 regulations for a site operator's license require an operator to engage AST in pre-application consultation and to complete a letter of agreement (LOA) with the air traffic control (ATC) facility having jurisdiction of the airspace where the launch or reentry site will be located. The operator is responsible for initiating contact with the appropriate ATC facility to develop the LOA.

b. Air Traffic. Air traffic is responsible for working with the launch or reentry site license applicant to ensure that the LOA contains the appropriate provisions, and is coordinated with the appropriate FAA offices to ensure the safety of the NAS. When a proposed launch or reentry site overlaps the jurisdictions of multiple air traffic facilities, those facilities must coordinate to determine which facility will serve as the lead facility for developing the LOA. ATC facilities are encouraged to consult with AST in the development of the LOA and share drafts of the LOA as necessary.

c. AST. AST is responsible for evaluating license applications and issuing licenses to operators of commercial launch and reentry sites. Launch and reentry site applications are subject to NEPA Order 1050.1, Policies and Procedures for Considering Environmental Impacts, and other applicable regulations, public laws, and statutes. All NEPA requirements associated with licensed commercial launch and reentry site operations will be addressed by AST as part of the site licensing process. AST facilitates the development of the LOA, and later evaluates its content against 14 CFR 400 requirements.

31-4-2. LOA CONTENT

The LOA documents the coordination between the site operator and the ATC facility. The LOA must include the following:

a. Names of the affected air traffic facilities and launch or reentry site operator.

b. Brief description of the launch or reentry site, types of anticipated operations, and anticipated frequency of proposed operations.

c. ATC facility and operator contact information.

d. Procedures for the content and issuance of NOTAMs.

31-4-3. LOA COORDINATION

LOAs may require widespread coordination and approval. The LOA must be coordinated with the ATO Commercial Space POC (ATO POC). The ATO POC may disseminate the LOA to the following offices:

a. Launch or reentry operator.

b. All impacted air traffic facilities (including DOD as appropriate).

c. Air Traffic Service Area Office.

d. Flight Standards District Office.

e. When co-located at an airport, the Airport District office and the airport owner or manager.

f. ATCSCC/CARF.

g. AST.

31-4-4. LAUNCH AND REENTRY SITE PROCESS

The operator must submit an application for a site license to AST. If an operator submits an application for a site license to an ATC facility, the ATC facility must direct the operator to submit its application directly to AST. AST has 180 days to evaluate a complete license application.

a. The process begins when an applicant contacts AST to initiate pre-application consultation. Consultation consists of one formal meeting and a number of follow-up telecons to exchange preliminary information.

1. If an applicant contacts an ATC facility regarding a launch or reentry site, the ATC facility must direct the applicant to contact AST.

2. Once contacted, AST notifies the ATO POC of the upcoming meetings and provides the POC with basic information regarding the site, including its planned location.

3. AST coordinates with the ATO POC throughout the pre-application process. The ATO POC coordinates with the local ATC facilities that may need to be involved.

4. The ATO POC assists AST in identifying other appropriate offices within the FAA (for example, Airports, Flight Standards) and external to the FAA (for example, DOD) that may need to be involved.

5. The ATO POC coordinates any issues within ATO as appropriate.

b. Once the pre-application process is complete, the ATO POC provides AST with a memorandum of assessment of potential impacts on the NAS from the proposed site and the identification of any initial issues or constraints.

1. The ATO POC coordinates with the affected facilities to develop the memorandum.

2. The memorandum either lists the potential issues and expected restrictions or declares “no issues identified at this time."

c. AST initiates an environmental review process.

1. AST provides any updated information from the environmental review to the ATO POC.

2. AST forwards any questions or comments from the ATO POC back to the applicant for resolution.

d. The applicant submits a formal, written application.

1. AST provides any updated information from the application to the ATO POC. The ATO POC coordinates with the local ATC facilities.

2. AST forwards any questions or comments from the ATO POC back to the applicant for resolution.

e. The applicant collaborates with the ATC facility to develop an LOA or modify an existing LOA, based on the guidance provided in paragraph 31-4-2 above.

f. AST evaluates the LOA to ensure that it meets 14 CFR 400 requirements.

g. AST evaluates other parts of the license application against the 14 CFR 400 requirements.

h. AST issues a license based on its evaluation of the applicant's satisfaction of 14 CFR 400 requirements and the resolution of any issues identified ATO's memorandum of assessment of potential impacts.