13 8 FACTORS USED TO DETERMINE SCOPE OF LICENSE AS AGREED TO BY THE ADMINISTRATOR.
Section 450.3(a) states that a vehicle operator license identifies the scope of authorization defined in paragraphs (b) and (c) of that section or as agreed to by the Administrator. This means that even if an activity meets the standard in § 450.3(b)(1), an applicant may request and the FAA may agree that a different activity, either before or after, constitutes the beginning of launch. The FAA retains the ability to determine that licensed oversight is unnecessary for certain activities if the Administrator determines that they do not jeopardize public health and safety, safety of property, and the national security and foreign policy interests of the United States.
8.1 Requests by an Operator.
An operator may request to begin the license at a particular activity. An applicant wishing to deviate from the scope of license parameters laid out in § 450.3(b) or (c) would typically discuss the deviation during pre-application consultation. The FAA would only allow a deviation for unique operations where the scope of license continued to cover those hazardous launch activities identified by statute. The request should be supported by rationale and information that allows the FAA to make a determination to accept or deny the request.
9 APPLICATION REQUIREMENTS.
In accordance with § 450.3(d), an applicant must identify pre- and post-flight ground operations at a U.S. launch site sufficient for the Administrator to determine the scope of activities authorized under the license. In order for the FAA to determine which launch operations are licensed and which are not, the FAA needs information from the applicant. An applicant should provide a comprehensive list of activities leading to liftoff and provide updates to the FAA whenever changes are made to the list. An applicant may indicate which activities it believes are licensable but should not withhold activities that it thinks are not licensable.
9.1 The FAA will make a determination on the requirement for a license during the pre-application process and expects to discuss its determination with the applicant. The FAA realizes that an applicant may not have its launch process fully defined, but the operator should provide as much information as is available.
9.2 After determining the scope of license under § 450.3, a transmittal letter with accompanying approval documentation will be forwarded to the applicant. The FAA will also inform the applicant in writing of a rejection or delayed launch determination.
Incomplete information or lack of information could result in a conservative determination of when the license begins, such as when a vehicle arrives at the launch location.
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