[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Notices]
[Pages 19604-19605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8308]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Commercial Space Transportation; Waiver of Public Notice 
Requirement for Suborbital Rocket Launch

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of waiver.

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SUMMARY: The FAA has determined to waive the public notice requirement 
of 14 CFR part 431 for Reusable Launch Vehicle (RLV) missions to be 
conducted by Scaled Composites, LLC, under License No. LRLS 04-067, 
issued by the FAA on April 1, 2004. The FAA finds that waiving the 
public notice requirement is in the public interest and will not 
jeopardize public health and safety, safety of property, and national 
security and foreign policy interests of the United States.

FOR FURTHER INFORMATION CONTACT: George Nield, Deputy Associate 
Administrator for Commercial Space Transportation and Acting Manager, 
Licensing and Safety Division, Office of the Associate Administrator 
for Commercial Space Transportation, Federal Aviation Administration, 
U.S. Department of Transportation, 800 Independence Avenue SW., 
Washington, DC 20591, (202) 267-9222.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Aviation Administration (FAA) licenses the launch of a 
launch vehicle, reentry of a reentry vehicle and the operation of a 
launch or reentry site under authority granted to the Secretary of 
Transportation in the Commercial Space Launch Act of 1984, as amended 
(CSLA), codified in 49 U.S.C. Subtitle IX, chapter 701, and delegated 
to the FAA Administrator. Licensing authority under the CSLA is carried 
out by the Associate Administrator for Commercial Space Transportation.
    The CSLA allows the FAA to waive a requirement for an individual 
license applicant if the Administrator decides that the waiver is in 
the public interest and will not jeopardize public health

[[Page 19605]]

and safety, safety of property, and national security and foreign 
policy interests of the United States. 49 U.S.C. 70105(b)(3).
    On April 1st, the FAA issued the first commercial Reusable Launch 
Vehicle (RLV) mission license authorizing Scaled Composites, LLC, to 
conduct manned suborbital RLV missions. The license, issued in 
accordance with licensing requirements under 14 CFR part 431, is valid 
for up to one year or until the authorized missions are completed, 
whichever occurs first.
    Scaled Composites, LLC (Scaled Composites) plans to conduct piloted 
RLV missions using its SpaceShipOne vehicle, an RLV that is operated at 
all times under an Experimental Airworthiness Certificate (EAC). 
SpaceShipOne is an air-launched, winged, hybrid rocket-powered, 
horizontal landing vehicle that is a suborbital rocket as defined by 
the FAA. See Federal Register Notice, 68 FR 59977-59980, issued October 
20, 2003, as corrected. It is carried aloft using a carrier aircraft, 
known as the White Knight. The White Knight is operated under an EAC. 
At the designated altitude, the SpaceShipOne is released from the White 
Knight, and after a brief glide for vehicle separation, the pilot 
ignites its rocket motor. Licensed activity commences upon rocket motor 
ignition.
    Scaled Composites plans to conduct flight activities commencing 
upon take-off of the White Knight carrier aircraft from Mojave Airport, 
East Kern Airport District (EKAD). Licensed launch activity will 
commence, under the terms and conditions of the RLV mission license, in 
R-2515 airspace within the shared use areas of the R-2508 complex 
around and above Edwards Air Force Base, and will conclude, for nominal 
flight, upon landing at Mojave Airport.
    As specified in the license, rocket-powered ballistic flight will 
occur over unpopulated area east of Mojave Airport. Ballistic flight 
resembles a parabolic arc with steep ascent, followed by a coast period 
during which weightlessness occurs, and then atmospheric entry. 
Following atmospheric entry, SpaceShipOne will circle down in a glide 
phase containment area, defined in the license, and must avoid 
identified population centers. In a nominal situation, the SpaceShipOne 
operates as a glider after its ballistic flight profile is concluded, 
having used up its fuel supply. It will fly back to Mojave Airport, 
where it will land on the designated Mojave Airport runway.
    Under 14 CFR part 431, a licensee is required to maintain an 
emergency response plan that contains procedures for informing the 
affected public of a planned RLV mission. 14 CFR 431.45(a). The FAA has 
determined to waive the public notice requirement for SpaceShipOne 
flights, relieving Scaled Composites of the requirement to issue local 
notice of planned launch events. While risk to public safety from 
SpaceShipOne launches is within allowable limits under 14 CFR part 431, 
and is expected to be highly remote, the FAA is concerned that public 
notice may have the unintended effect of drawing spectators to the 
launch area thereby increasing risk to public safety and the safety of 
property. Accordingly, the FAA has determined that waiver of the public 
notice requirement is in the public interest.
    Waiving the public notice requirement will not jeopardize public 
health and safety or the safety of property, and is consistent with 
U.S. national interests. Public notice is intended to alert the public 
in the vicinity of an RLV mission that a launch event will be occurring 
that includes ascent and descent flight. Without notice, the public may 
be alarmed at the sight of a launch vehicle and believe it to be 
unauthorized activity. Concerned persons may wish to seek shelter. 
However, for SpaceShipOne launches, the FAA has determined that because 
the most hazardous operations will occur in remote, unpopulated area, 
there should be little opportunity for the public to be alarmed at the 
sight of the vehicle. During glide flight, when the vehicle will 
briefly pass over populated area, the vehicle will be in a safe, non-
explosive configuration and should not pose unusual risk to the local 
population. Moreover, Scaled Composites has conducted limited test 
flights using the SpaceShipOne vehicle, up to 15-second rocket motor 
burn-time, and has performed return glide flight to Mojave Airport. On 
all occasions, return glide flight of the SpaceShipOne vehicle to 
Mojave Airport has been uneventful from a public safety perspective and 
has not been hazardous to public health and safety or the safety of 
property.
    In accordance with RLV mission licensing requirements under 14 CFR 
part 431, proposed SpaceShipOne launch missions have undergone an 
interagency policy review. The review identified no concerns relating 
to national security or foreign policy considerations. The FAA has 
determined that waiving the public notice requirement will not 
jeopardize U.S. national security or foreign policy.
    For the foregoing reasons, the FAA has waived the public notice 
requirement with respect to the conduct by Scaled Composites of RLV 
missions authorized by License No. LRLS 04-067.

    Issued in Washington DC, on April 8, 2004.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 04-8308 Filed 4-12-04; 8:45 am]
BILLING CODE 4910-13-P