[AR] Re: Legal for an actual launch

  • From: rclague@xxxxxxxxx
  • To: arocket@xxxxxxxxxxxxx
  • Date: Sat, 21 Feb 2015 03:15:34 +0000

#1) A useful term of art is the Authority Having Jurisdiction (AHJ). That your 
local Fire Marshal, but calling her the AHJ tells your local EMS people that 
you've done this before and you probably know how.

Sit down with them before you get very far along. They love this stuff when 
it's well planned, hate it when it isn't.

#2) CHP is DOT right down the line. Amateurs don't need to worry about 
transport paperwork if they don't cross a state line. Secure your loads, have a 
manifest and the MSDSs, a point of contact, and the ChemTrec (sp?) 800 number.

#3) The FCC stuff will bite you. If you're going to orbit, that's an ITU 
license, and they want 27 months notice.

MPL is Maximum Probable Loss, which at 1E-07 isn't very probable. That's how 
much liability insurance FAA makes you buy. If your MPL is $50,000,000, that's 
a signal that your launch site has too much expensive stuff near it. Might want 
to find another one.

The environmental is an Environment Assessment (EA). EAs cost about a million 
dollars, and the rocket EAs all say No Impact. FAA will tell you you have to 
write the EA. No, they do. It's the license/permit that's the Major Federal 
Action, not the launch. If you have a million dollars, burning a hole in your 
pocket, you can hire someone who will finish it sooner than FAA would. RS&H 
does this kind of work.

A launch is not an export, no tax is levied, and no broker is required. That's 
in statute.

The UN does not issue satellite permits. The ITU does. The notification 
requirements in the Outer Space Treaty are passed through to the 
permittee/licensee by FAA. Orbital parameters, and not even all of them.

-R

Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: "Monroe L. King Jr." <monroe@xxxxxxxxxxxxxxxxxx>
Sender: arocket-bounce@xxxxxxxxxxxxx
Date: Fri, 20 Feb 2015 18:29:14 
To: Arocket<arocket@xxxxxxxxxxxxx>
Reply-To: arocket@xxxxxxxxxxxxx
Subject: [AR] Legal for an actual launch

 Ok after a few years work I think I've pretty much covered all the
bases on the legalities of an orbital launch. I want to throw this out
there and see if anyone thinks I've missed something and also to help
others understand the undertaking required for the infrastructure to
actually attempt it.

 #1 Local regulations and permits.

 First you have to check your launch site county laws and regulations
for a launch site.
 It is a bit more complicated than that to select a launch depending on
what way your are approaching the FAA for a launch permit. If you are
going for an "Experimental Launch Permit" and I will include that in the
FAA section.

 Local Fire Marshal and compliance with NFPA Code 1127 this is a
national code but it get's resolved on the local level.

 You also have to resolve any other issues in the county of choice and
come into compliance.

 #2 State laws regulations and permits.

 The DOT has to be dealt with to insure compliance with state
regulations of transport of hazardous materials such as rocket
propellant and explosives and obtain the proper permits permits.

 I'm familiar with Texas regulations so I wont go into that because it's
going to be different for every state but every state has regulations
and you must comply with your states regulations.

 #3 Federal Regulations

  FCC you need permits to operate your transmitters and so you must
comply.

  BATF Explosive permits and manufacturing permits.

  DOD I know my planned launch site has interference with military
operations is the same airspace and therefor I'll have to deal with the
DOD on that level your launch site may not.

  FAA top of my list is the 50 million bond insurance (last time I
checked). There are plenty of requirements for an experimental launch
permit and the only other one that is expensive or difficult is the
environmental impact survey. Which could cost a million or more. My
chosen site was once a bombing practice zone so the government does a
yearly survey that is public so that solves that issue for me.

 There is plenty more to the FAA permit but you can read that yourself.

 There is an export tax whenever anything leaves the country (including
satellites) and this requires a licensed export broker.  

 #4 United Nations
 You have to file with the united nations for a satellite permit.

 So in a nutshell.

 I can expand on any portion of this if anyone's interested. If you
think I left something out let me know I just flung this out off the top
of my head but I think I covered all the basses?

 Monroe    



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