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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:4.0.2.9.11.1.24.1 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.1 General information. | FAA | [Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79715, Dec. 10, 2020] | (a) Scope. This part sets forth— (1) The responsibilities of a launch operator conducting a licensed launch of an expendable launch vehicle pursuant to a license issued under part 415 of this chapter; and (2) The requirements for maintaining a launch license obtained under part 415 of this chapter. Parts 413 and 415 of this chapter contain requirements for preparing a license application to conduct a launch, including information reviewed by the FAA to conduct a policy, safety, payload, and environmental review, and a payload determination (b) Applicability. (1) The administrative requirements for filing material with the FAA in subpart A of this part apply to all licensed launches from a Federal launch range or a non-Federal launch site, except where noted. (2) The safety requirements of subparts B through E of this part apply to all licensed launches of expendable launch vehicles. See paragraph (d) of this section for exceptions to this provision. (c) “Meets intent” certification. For a licensed launch from a Federal launch range, a launch operator need not demonstrate to the FAA that an alternative means of satisfying a requirement of this part provides an equivalent level of safety for a launch if written evidence demonstrates that a Federal launch range has, by the effective date of this part, granted a “meets intent certification,” including through “tailoring,” that applies to the requirement and that launch. See paragraph (e) of this section for exceptions to this provision. Written evidence includes: (1) Range flight plan approval, (2) Missile system pre-launch safety package, (3) Preliminary and final flight data packages, (4) A tailored version of EWR 127-1, (5) Range email to the FAA stating that the MIC was approved, or (6) Operation approval. (d) Waiver. For a licensed launch from a Federal launch range, a requirement of this part does not apply to a launch if written evidence demonstrates that a Federal launch range has, by the effective date of this part, granted a waiver that … | |||
| 14:14:4.0.2.9.11.1.24.10 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.19 Registration of space objects. | FAA | (a) To assist the U.S. Government in implementing Article IV of the 1975 Convention on Registration of Objects Launched into Outer Space, each launch operator must provide to the FAA the information required by paragraph (b) of this section for all objects placed in space by a licensed launch, including a launch vehicle and any components, except: (1) Any object owned and registered by the U.S. Government; and (2) Any object owned by a foreign entity. (b) For each object that must be registered in accordance with this section, not later than 30 days following the conduct of a licensed launch, an operator must file the following information: (1) The international designator of the space object(s); (2) Date and location of launch; (3) General function of the space object; and (4) Final orbital parameters, including: (i) Nodal period; (ii) Inclination; (iii) Apogee; and (iv) Perigee. | ||||
| 14:14:4.0.2.9.11.1.24.11 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.21 Financial responsibility requirements. | FAA | A launch operator must comply with financial responsibility requirements as required by part 440 of this chapter and as specified in a license or license order. | ||||
| 14:14:4.0.2.9.11.1.24.12 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.23 Compliance monitoring. | FAA | (a) A launch operator must allow access by, and cooperate with, Federal officers or employees or other individuals authorized by the FAA to observe any of its activities, or of its contractors or subcontractors, associated with the conduct of a licensed launch. (b) For each licensed launch, a launch operator must provide the FAA with a console for monitoring the progress of the countdown and communication on all channels of the countdown communications network. A launch operator must also provide the FAA with the capability to communicate with the person designated by § 417.103(b)(1). | ||||
| 14:14:4.0.2.9.11.1.24.13 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.25 Post launch report. | FAA | [Doc. No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. 417, 73 FR 63630, Oct. 27, 2008] | (a) For a launch operator launching from a Federal launch range, a launch operator must file a post launch report with the FAA no later than 90 days after the launch, unless an FAA launch site safety assessment shows that the Federal launch range creates a post launch report that contains the information required by this section. (b) For a launch operator launching from a non-Federal launch site, a launch operator must file a post launch report with the FAA no later than 90 days after the launch. (c) The post launch report must: (1) Identify any discrepancy or anomaly that occurred during the launch countdown and flight; (2) Identify any deviation from any term of the license or any event otherwise material to public safety, and each corrective action to be implemented before any future flight; (3) For the launch of launch vehicle flown with a flight safety system, identify any flight environment not consistent with the maximum predicted environment as required by D 417.7(b) and any measured wind profiles not consistent with the predictions used for the launch, as required by § 417.7(g)(3); and (4) For the launch of an unguided suborbital launch vehicle, identify the actual impact location of all impacting stages and any impacting components, and provide a comparison of actual and predicted nominal performance. | |||
| 14:14:4.0.2.9.11.1.24.14 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | §§ 417.26-417.100 [Reserved] | FAA | |||||
| 14:14:4.0.2.9.11.1.24.2 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.3 Definitions and acronyms. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79716, Dec. 10, 2020] | For the purpose of this part, Command control system means the portion of a flight safety system that includes all components needed to send a flight termination control signal to an onboard vehicle flight termination system. A command control system starts with any flight termination activation switch at a flight safety crew console and ends at each command-transmitting antenna. It includes all intermediate equipment, linkages, and software and any auxiliary transmitter stations that ensure a command signal will reach the onboard vehicle flight termination system from liftoff until the launch vehicle achieves orbit or can no longer reach a populated or other protected area. Command destruct system means a portion of a flight termination system that includes all components on board a launch vehicle that receive a flight termination control signal and achieve destruction of the launch vehicle. A command destruct system includes all receiving antennas, receiver decoders, explosive initiating and transmission devices, safe and arm devices and ordnance necessary to achieving destruction of the launch vehicle upon receipt of a destruct command. Countdown means the timed sequence of events that must take place to initiate flight of a launch vehicle. Crossrange means the distance measured along a line whose direction is either 90 degrees clockwise (right crossrange) or counter-clockwise (left crossrange) to the projection of a launch vehicle's planned nominal velocity vector azimuth onto a horizontal plane tangent to the ellipsoidal Earth model at the launch vehicle's sub-vehicle point. The terms right crossrange and left crossrange may also be used to indicate direction. Data loss flight time means the shortest elapsed thrusting time during which a launch vehicle flown with a flight safety system can move from its normal trajectory to a condition where it is possible for the launch vehicle to endanger the public. Destruct means the act of terminating the flight of a launch vehicle flown with a flight safety… | |||
| 14:14:4.0.2.9.11.1.24.3 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.5 [Reserved] | FAA | |||||
| 14:14:4.0.2.9.11.1.24.4 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.7 Public safety responsibility. | FAA | A launch operator is responsible for ensuring the safe conduct of a licensed launch and for ensuring public safety and safety of property at all times during the conduct of a licensed launch. | ||||
| 14:14:4.0.2.9.11.1.24.5 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.9 Launch site responsibility. | FAA | (a) A launch operator must ensure that launch processing at a launch site in the United States satisfies the requirements of this part. Launch processing at a launch site outside the United States may be subject to the requirements of the governing jurisdiction. (b) For a launch from a launch site licensed under part 420 of this chapter, a launch operator must— (1) Conduct its operations as required by any agreements that the launch site operator has with any Federal and local authorities under part 420 of this chapter; and (2) Coordinate with the launch site operator and provide any information on its activities and potential hazards necessary for the launch site operator to determine how to protect any other launch operator, person, or property at the launch site as required by the launch site operator's obligations under § 420.55 of this chapter. (c) For a launch from an exclusive-use site, where there is no licensed launch site operator, a launch operator must satisfy the requirements of this part and the public safety requirements of part 420 of this chapter. This subpart does not apply to licensed launches occurring from Federal launch ranges. | ||||
| 14:14:4.0.2.9.11.1.24.6 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.11 Continuing accuracy of license application; application for modification of license. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79716, Dec. 10, 2020] | (a) A launch operator must ensure the representations contained in its application are accurate for the entire term of the license. A launch operator must conduct a licensed launch and carry out launch safety procedures in accordance with its application. (b) After the FAA issues a launch license, a launch operator must apply to the FAA for modification of a launch license if— (1) A launch operator proposes to conduct a launch or carry out a launch safety procedure or operation in a manner that is not authorized by the license; or (2) Any representation contained in the license application that is material to public health and safety or safety of property would no longer be accurate and complete or would not reflect the launch operator's procedures governing the actual conduct of a launch. A representation is material to public health and safety or safety of property if it alters or affects the launch operator's launch plans or procedures, class of payload, orbital destination, type of launch vehicle, flight path, launch site, launch point, or any safety system, policy, procedure, requirement, criteria or standard. (c) A launch operator must prepare and file an application to modify a launch license under part 413 of this chapter. The launch operator must identify any part of its license or license application that a proposed modification would change or affect. (d) The FAA reviews all approvals and determinations required by this chapter to determine whether they remain valid in light of a proposed modification. The FAA approves a modification that satisfies the requirements of this part. (e) Upon approval of a modification, the FAA issues to a launch operator either a written approval or a license order modifying the license if a stated term or condition of the license is changed, added or deleted. A written approval has the full force and effect of a license order and is part of the licensing record. (f) The Administrator may determine that a modification to a license issued under this part must comply … | |||
| 14:14:4.0.2.9.11.1.24.7 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.13 Agreement with Federal launch range. | FAA | Before conducting a licensed launch from a Federal launch range, a launch operator must— (a) Enter into an agreement with a Federal launch range to provide access to and use of U.S. Government property and services required to support a licensed launch from the facility and for public safety related operations and support. The agreement must be in effect for the conduct of any licensed launch; and (b) Comply with any requirements of the agreement with the Federal launch range that may affect public safety and safety of property during the conduct of a licensed launch, including flight safety procedures and requirements. | ||||
| 14:14:4.0.2.9.11.1.24.8 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.15 Records. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016] | (a) A launch operator must maintain all records necessary to verify that it conducts licensed launches according to representations contained in the licensee's application. A launch operator must retain records for three years after completion of all launches conducted under the license. (b) If a launch accident or launch incident occurs, as defined by § 401.5 of this chapter, a launch operator must preserve all records related to the event until completion of any Federal investigation and the FAA advises the licensee not to retain the records. The launch operator must make available to Federal officials for inspection and copying all records that these regulations require the launch operator to maintain. | |||
| 14:14:4.0.2.9.11.1.24.9 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | A | Subpart A—General and License Terms and Conditions | § 417.17 Launch reporting requirements and launch specific updates. | FAA | (a) General. A launch operator must satisfy the launch reporting requirements and launch specific updates required by this section and by the terms of the launch operator's license. A launch operator must file any change to the information in the license application, not identified by this section, with the FAA as a request for license modification as required by § 417.11. (b) Launch reporting requirements for a launch from a Federal launch range or a non-Federal launch site. (1) Launch schedule and point of contact. For each launch, a launch operator must file a launch schedule that identifies each review, rehearsal, and safety critical launch processing. A launch operator must file a point of contact for the schedule. The launch schedule must be filed and updated in time to allow FAA personnel to participate in the reviews, rehearsals, and safety critical launch processing. (2) Sixty-day report. Not later than 60 days before each flight conducted under a launch operator license, a launch operator must provide the FAA the following launch-specific information: (i) Payload information required by § 415.59 of this chapter; and (ii) Flight information, including the launch vehicle, planned flight path, staging and impact locations, and any on-orbit activity of the launch vehicle, including each payload delivery point. (3) U.S. Space Command Launch Notification. Not later than noon, EST, 15 days before each licensed flight, a launch operator must file a completed Federal Aviation Administration/U.S. Space Command (FAA/USSPACECOM) Launch Notification Form (OMB No. 2120-0608) with the FAA. (c) Launch specific updates for a launch from a non-Federal launch site. A launch operator must file a launch specific update, required by this part, and any required by the terms of the launch license, for every substantive change to the information outlined in this part. For each launch, a launch operator must file the following launch specific updates: (1) Flight safety system test schedule. For each launch o… | ||||
| 14:14:4.0.2.9.11.2.24.1 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.101 Scope. | FAA | This subpart contains public safety requirements that apply to the launch of an orbital or suborbital expendable launch vehicle from a Federal launch range or other launch site. If the FAA has assessed the Federal launch range, through its launch site safety assessment, and found that an applicable range safety-related launch service or property satisfies the requirements of this subpart, then the FAA will treat the Federal launch range's launch service or property as that of a launch operator without need for further demonstration of compliance to the FAA if: (a) A launch operator has contracted with a Federal launch range for the provision of the safety-related launch service or property; and (b) The FAA has assessed the Federal launch range, through its launch site safety assessment, and found that the Federal launch range's safety-related launch service or property satisfy the requirements of this subpart. In this case, the FAA will treat the Federal launch range's process as that of a launch operator. | ||||
| 14:14:4.0.2.9.11.2.24.10 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.119 Rehearsals. | FAA | (a) General. A launch operator must rehearse its launch crew and systems to identify corrective actions needed to ensure public safety. The launch operator must conduct all rehearsals as follows: (1) A launch operator must assess any anomalies identified by a rehearsal, and must incorporate any changes to launch processing and flight needed to correct any anomaly that is material to public safety. (2) A launch operator must inform the FAA of any public safety related anomalies and related changes in operations performed during launch processing or flight resulting from a rehearsal. (3) For each launch, each person with a public safety critical role who will participate in the launch processing or flight of a launch vehicle must participate in at least one related rehearsal that exercises his or her role during nominal and non-nominal conditions so that the launch vehicle will not harm the public. (4) A launch operator must conduct the rehearsals identified in this section for each launch. (5) At least one rehearsal must simulate normal and abnormal preflight and flight conditions to exercise the launch operator's launch plans. (6) A launch operator may conduct rehearsals at the same time if joint rehearsals do not create hazardous conditions, such as changing a hardware configuration that affects public safety, during the rehearsal. (b) Countdown rehearsal. A launch operator must conduct a rehearsal using the countdown plan, procedures, and checklist required by § 417.111(l). A countdown rehearsal must familiarize launch personnel with all countdown activities, demonstrate that the planned sequence of events is correct, and demonstrate that there is adequate time allotted for each event. A launch operator must hold a countdown rehearsal after the assembly of the launch vehicle and any launch support systems into their final configuration for flight and before the launch readiness review required by § 417.117. (c) Emergency response rehearsal. A launch operator must conduct a rehearsal of the emergen… | ||||
| 14:14:4.0.2.9.11.2.24.11 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.121 Safety critical preflight operations. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016; Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79716, Dec. 10, 2020] | (a) General. A launch operator must perform safety critical preflight operations that protect the public from the adverse effects of hazards associated with launch processing and flight of a launch vehicle. The launch operator must identify all safety critical preflight operations in the launch schedule required by § 417.17(b)(1). Safety critical preflight operations must include those defined in this section. (b) Countdown. A launch operator must implement its countdown plan, of § 417.111(l), for each launch. A launch operator must disseminate a countdown plan to all personnel responsible for the countdown and flight of a launch vehicle, and each person must follow that plan. (c) [Reserved] (d) Meteorological data. A launch operator must conduct operations and coordinate with weather organizations, as needed, to obtain accurate meteorological data to support the flight safety analysis required by subpart C of this part and to ensure compliance with the flight commit criteria required by § 417.113. (e) Local notification. A launch operator must implement its local agreements and public coordination plan of § 417.111(i). (f) Hazard area surveillance. A launch operator must implement its hazard area surveillance and clearance plan, of § 417.111(j), to meet the public safety criteria of § 417.107(b) for each launch. (g) Flight safety system preflight tests. A launch operator must conduct preflight tests of any flight safety system as required by section E417.41 of appendix E of this part. (h) Launch vehicle tracking data verification. For each launch, a launch operator must implement written procedures for verifying the accuracy of any launch vehicle tracking data provided. For a launch vehicle flown with a flight safety system, any source of tracking data must satisfy the requirements of § 417.307(b). (i) Unguided suborbital rocket preflight operations. For the launch of an unguided suborbital rocket, in addition to meeting the other requirements of this section, a launch operator must perfo… | |||
| 14:14:4.0.2.9.11.2.24.12 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.123 Computing systems and software. | FAA | (a) A launch operator must document a system safety process that identifies the hazards and assesses the risks to public health and safety and the safety of property related to computing systems and software. (b) A launch operator must identify all safety-critical functions associated with its computing systems and software. Safety-critical computing system and software functions must include the following: (1) Software used to control or monitor safety-critical systems. (2) Software that transmits safety-critical data, including time-critical data and data about hazardous conditions. (3) Software used for fault detection in safety-critical computer hardware or software. (4) Software that responds to the detection of a safety-critical fault. (5) Software used in a flight safety system. (6) Processor-interrupt software associated with previously designated safety-critical computer system functions. (7) Software that computes safety-critical data. (8) Software that accesses safety-critical data. (9) Software used for wind weighting. (c) A launch operator must conduct computing system and software hazard analyses for the integrated system. (d) A launch operator must develop and implement computing system and software validation and verification plans. (e) A launch operator must develop and implement software development plans, including descriptions of the following: (1) Coding standards used; (2) Configuration control; (3) Programmable logic controllers; (4) Policy on use of any commercial-off-the-shelf software; and (5) Policy on software reuse. | ||||
| 14:14:4.0.2.9.11.2.24.13 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.125 Launch of an unguided suborbital launch vehicle. | FAA | (a) Applicability. This section applies only to a launch operator conducting a launch of an unguided suborbital launch vehicle. (b) Need for flight safety system. A launch operator must launch an unguided suborbital launch vehicle with a flight safety system in accordance with § 417.107 (a) and subpart D of this part unless one of the following exceptions applies: (1) The unguided suborbital launch vehicle, including any component or payload, does not have sufficient energy to reach any populated area in any direction from the launch point; or (2) A launch operator demonstrates through the licensing process that the launch will be conducted using a wind weighting safety system that meets the requirements of paragraph (c) of this section. (c) Wind weighting safety system. A launch operator's wind weighting safety system must consist of equipment, procedures, analysis and personnel functions used to determine the launcher elevation and azimuth settings that correct for the windcocking and wind drift that an unguided suborbital launch vehicle will experience during flight due to wind effects. The launch of an unguided suborbital launch vehicle that uses a wind weighting safety system must meet the following requirements: (1) The unguided suborbital launch vehicle must not contain a guidance or directional control system. (2) The launcher azimuth and elevation settings must be wind weighted to correct for the effects of wind conditions at the time of flight to provide a safe impact location. A launch operator must conduct the launch in accordance with the wind weighting analysis requirements and methods of § 417.233 and appendix C of this part. (3) A launch operator must use a launcher elevation angle setting that ensures the rocket will not fly uprange. A launch operator must set the launcher elevation angle in accordance with the following: (i) The nominal launcher elevation angle must not exceed 85°. The wind corrected launcher elevation setting must not exceed 86°. (ii) For an unproven unguided sub… | ||||
| 14:14:4.0.2.9.11.2.24.14 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.127 Unique safety policies, requirements and practices. | FAA | For each launch, a launch operator must review operations, system designs, analysis, and testing, and identify any unique hazards not otherwise addressed by this part. A launch operator must implement any unique safety policy, requirement, or practice needed to protect the public from the unique hazard. A launch operator must demonstrate through the licensing process that any unique safety policy, requirement, or practice ensures the safety of the public. For any change to a unique safety policy, requirement, or practice, with the exception of a launch specific update, the launch operator must file a request for license modification as required by § 417.11. The FAA may identify and impose a unique safety policy, requirement, or practice as needed to protect the public. | ||||
| 14:14:4.0.2.9.11.2.24.15 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.129 Safety at end of launch. | FAA | A launch operator must ensure for any proposed launch that for all launch vehicle stages or components that reach Earth orbit— (a) There is no unplanned physical contact between the vehicle or any of its components and the payload after payload separation; (b) Debris generation does not result from the conversion of energy sources into energy that fragments the vehicle or its components. Energy sources include chemical, pressure, and kinetic energy; and (c) Stored energy is removed by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy. | ||||
| 14:14:4.0.2.9.11.2.24.16 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | §§ 417.130-417.200 [Reserved] | FAA | |||||
| 14:14:4.0.2.9.11.2.24.2 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.103 Safety organization. | FAA | (a) A launch operator must maintain and document a safety organization. A launch operator must identify lines of communication and approval authority for all public safety decisions, including those regarding design, operations, and analysis. A launch operator must describe its lines of communication, both within the launch operator's organization and between the launch operator and any federal launch range or other launch site operator providing launch services, in writing. Documented approval authority shall also be employed by the launch operator throughout the life of the launch system to ensure public safety and compliance with this part. (b) A launch operator's safety organization must include, but need not be limited to, the following launch management positions: (1) An employee of the launch operator who has the launch operator's final approval authority for launch. This employee, referred to as the launch director in this part, must ensure compliance with this part. (2) An employee of the launch operator who is authorized to examine all aspects of the launch operator's launch safety operations and to monitor independently personnel compliance with the launch operator's safety policies and procedures. This employee, referred to as the safety official in this part, shall have direct access to the launch director, who shall ensure that all of the safety official's concerns are addressed prior to launch. | ||||
| 14:14:4.0.2.9.11.2.24.3 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.105 Launch personnel qualifications and certification. | FAA | (a) General. A launch operator must employ a personnel certification program that documents the qualifications, including education, experience, and training, for each member of the launch crew. (b) Personnel certification program. A launch operator's personnel certification program must: (1) Conduct an annual personnel qualifications review and issue individual certifications to perform safety related tasks. (2) Revoke individual certifications for negligence or failure to satisfy certification requirements. | ||||
| 14:14:4.0.2.9.11.2.24.4 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.107 Flight safety. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016; Docket No. FAA-2014-0418, Amdt. No. 417-4, 81 FR 47026, July 20, 2016; Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79716, Dec. 10, 2020] | (a) Flight safety system. For each launch vehicle, vehicle component, and payload, a launch operator must use a flight safety system that satisfies subpart D of this part as follows, unless § 417.125 applies. (1) In the vicinity of the launch site. For each launch vehicle, vehicle component, and payload, a launch operator must use a flight safety system in the vicinity of the launch site if the following exist: (i) Any hazard from a launch vehicle, vehicle component, or payload can reach any protected area at any time during flight; or (ii) A failure of the launch vehicle would have a high consequence to the public. (2) In the downrange area. For each launch vehicle, vehicle component, and payload, a launch operator must provide a flight safety system downrange if the absence of a flight safety system would significantly increase the accumulated risk from debris impacts. (b) Public risk criteria. A launch operator may initiate the flight of a launch vehicle only if flight safety analysis performed under paragraph (f) of this section demonstrates that any risk to the public satisfies the following public risk criteria: (1) A launch operator may initiate the flight of a launch vehicle only if the total risk associated with the launch to all members of the public, excluding persons in water-borne vessels and aircraft, does not exceed an expected number of 1 × 10 −4 casualties. The total risk consists of risk posed by impacting inert and explosive debris, toxic release, and far field blast overpressure. The FAA will determine whether to approve public risk due to any other hazard associated with the proposed flight of a launch vehicle on a case-by-case basis. The E c criterion applies to each launch from lift-off through orbital insertion for an orbital launch, and through final impact for a suborbital launch. (2) A launch operator may initiate flight only if the risk to any individual member of the public does not exceed a casualty expectation of 1 × 10 −6 per launch for each hazard. (3) A launch … | |||
| 14:14:4.0.2.9.11.2.24.5 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.109 Ground safety. | FAA | (a) Ground safety requirements apply to launch processing and post-launch operations at a launch site in the United States. (b) A launch operator must protect the public from adverse effects of hazardous operations and systems associated with preparing a launch vehicle for flight at a launch site. (c) §§ 417.111(c), 417.113(b), and 417.115(c), and subpart E of this part provide launch operator ground safety requirements. | ||||
| 14:14:4.0.2.9.11.2.24.6 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.111 Launch plans. | FAA | (a) General. A launch operator must implement written launch plans that define how launch processing and flight of a launch vehicle will be conducted without adversely affecting public safety and how to respond to a launch mishap. A launch operator's launch plans must include those required by this section. A launch operator's launch plans do not have to be separate documents, and may be part of other applicant documentation. A launch operator must incorporate each launch safety rule established under § 417.113 into a related launch safety plan. The launch operator must follow each launch plan. (b) Flight Safety Plan. A launch operator must implement a plan that includes the following: (1) Flight safety personnel. Identification of personnel by position who: (i) Approve and implement each part of the flight safety plan and any modifications to the plan; and (ii) Perform the flight safety analysis and ensure that the results, including the flight safety rules and establishment of flight hazard areas, are incorporated into the flight safety plan. (2) Flight safety rules. All flight safety rules required by § 417.113. (3) Flight safety system. A description of any flight safety system and its operation, including any preflight safety tests that a launch operator will perform. (4) Trajectory and debris dispersion data. A description of the launch trajectory. For an orbital expendable launch vehicle, the description must include each planned orbital parameter, stage burnout time and state vector, and all planned stage impact times, locations, and downrange and crossrange dispersions. For a guided or unguided suborbital launch vehicle, the description must include each planned stage impact time, location, and downrange and crossrange dispersion. (5) Flight hazard areas. Identification and location of each flight hazard area established for each launch as required by § 417.223, and identification of procedures for surveillance and clearance of these areas and zones as required by paragraph (j) of t… | ||||
| 14:14:4.0.2.9.11.2.24.7 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.113 Launch safety rules. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Doc. No. FAA-2019-0229, Amdt. 417-6, 85 FR 79716, Dec. 10, 2020] | (a) General. For each launch, a launch operator must satisfy written launch safety rules that govern the conduct of the launch. (1) The launch safety rules must identify the meteorological conditions and the status of the launch vehicle, launch support equipment, and personnel under which launch processing and flight may be conducted without adversely affecting public safety. (2) The launch safety rules must satisfy the requirements of this section. (3) A launch operator must follow all the launch safety rules. (b) Ground safety rules. The launch safety rules must include ground safety rules that govern each preflight ground operation at a launch site that has the potential to adversely affect public safety. The ground safety rules must implement the ground safety analysis of subpart E of this part. (c) Flight-commit criteria. The launch safety rules must include flight-commit criteria that identify each condition that must be met in order to initiate flight. (1) The flight-commit criteria must implement the flight safety analysis of subpart C of this part and collision avoidance requirements in § 450.169 and critical asset protection requirements in § 450.101(a)(4) and (b)(4). These must include criteria for: (i) Surveillance of any region of land, sea, or air necessary to ensure the number and location of members of the public are consistent with the inputs used for the flight safety analysis of subpart C of this part; (ii) Monitoring of any meteorological condition and implementing any flight constraint developed using appendix G of this part. The launch operator must have clear and convincing evidence that the lightning flight commit criteria of appendix G, which apply to the conditions present at the time of lift-off, are not violated. If any other hazardous conditions exist, other than those identified by appendix G, the launch weather team will report the hazardous condition to the official designated under § 417.103(b)(1), who will determine whether initiating flight would expose the launch … | |||
| 14:14:4.0.2.9.11.2.24.8 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.115 Tests. | FAA | (a) General. All flight, communication, and ground systems and equipment that a launch operator uses to protect the public from any adverse effects of a launch, must undergo testing as required by this part, and any corrective action and re-testing necessary to ensure reliable operation. A launch operator must— (1) Coordinate test plans and all associated test procedures with any launch site operator or local authorities, as required by local agreements, associated with the operation; and (2) Make test results, test failure reports, information on any corrective actions implemented and the results of re-test available to the FAA upon request. (b) Flight safety system testing. A launch operator must only use a flight safety system and all flight safety system components, including any onboard launch vehicle flight termination system, command control system, and support system that satisfy the test requirements of subpart D of this part. (c) Ground system testing. A launch operator must only use a system or equipment used to support hazardous ground operations identified by the ground safety analysis required by § 417.405 that satisfies the test requirements of paragraph (a) of this section. | ||||
| 14:14:4.0.2.9.11.2.24.9 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | B | Subpart B—Launch Safety Responsibilities | § 417.117 Reviews. | FAA | (a) General. A launch operator must— (1) Review the status of operations, systems, equipment, and personnel required by part 417; (2) Maintain and implement documented criteria for successful completion of each review; (3) Track to completion and document any corrective actions or issues identified during a review; and (4) Ensure that launch operator personnel who oversee a review attest to successful completion of the review's criteria in writing. (b) A launch operator must conduct the following reviews: (1) Hazardous operations safety readiness reviews. A launch operator must conduct a review before performing any hazardous operation with the potential to adversely affect public safety. The review must determine a launch operator's readiness to perform the operation and ensure that safety provisions are in place. The review must determine the readiness status of safety systems and equipment and verify that the personnel involved satisfy certification and training requirements. (2) Launch safety review. For each launch, a launch operator must conduct a launch safety review no later than 15 days before the planned day of flight, or as agreed to by the FAA during the application process. This review must determine the readiness of ground and flight safety systems, safety equipment, and safety personnel to support a flight attempt. Successful completion of a launch safety review must ensure satisfaction of the following criteria: (i) A launch operator must verify that all safety requirements have been or will be satisfied before flight. The launch operator must resolve all safety related action items. (ii) A launch operator must assign and certify flight safety personnel as required by § 417.105. (iii) The flight safety rules and flight safety plan must incorporate a final flight safety analysis as required by subpart C of this part. (iv) A launch operator must verify, at the time of the review, that the ground safety systems and personnel satisfy or will satisfy all requirements of the ground safe… | ||||
| 14:14:4.0.2.9.11.3.24.1 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.201 Scope and applicability. | FAA | (a) This subpart contains requirements for performing the flight safety analysis required by § 417.107(f). (b) The flight safety analysis requirements of this subpart apply to the flight of any launch vehicle that must use a flight safety system as required by § 417.107(a), except as permitted by paragraph (d) of this section. (c) The flight safety analysis requirements of §§ 417.203, 417.205, 417.207, 417.211, 417.223, 417.224, 417.225, 417.227, 417.229, 417.231, and 417.233 apply to the flight of any unguided suborbital launch vehicle that uses a wind-weighting safety system. Appendices B, C, and I of this part also apply. (d) For any alternative flight safety system approved by the FAA under § 417.301(b), the FAA will determine during the licensing process which of the analyses required by this subpart apply. | ||||
| 14:14:4.0.2.9.11.3.24.10 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.218 Hold-and-resume gate analysis. | FAA | (a) For a launch that involves overflight or near overflight of a populated or otherwise protected area prior to the planned safe flight state calculated as required by § 417.219, the flight safety analysis must construct a hold-and-resume gate for each populated or otherwise protected area. After a vehicle's tracking icon crosses a hold-and-resume gate, flight termination must occur as required by sections 417.113(d)(6). (b) The hold-and-resume gate analysis must account for: (1) Overflight of a wholly contained populated or otherwise protected area. A hold-and-resume gate must be a closed, continuous contour that encompasses any populated or otherwise protected area located wholly within the impact limit lines. The hold-and-resume gate must encompass a populated or otherwise protected area such that flight termination or breakup of the launch vehicle while the tracking icon is outside the gate would not cause hazardous debris or overpressure to endanger the populated or otherwise protected area. (2) Overflight of an uncontained populated or otherwise protected area. A hold-and-resume gate must be a closed, continuous contour that encompasses any area in which flight termination is allowed to occur. The hold-and-resume gate must encompass all hazard areas such that flight termination or breakup of the launch vehicle while the vehicle's tracking icon is inside the gate would not cause hazardous debris or critical overpressure to endanger any populated or otherwise protected area. | ||||
| 14:14:4.0.2.9.11.3.24.11 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.219 Data loss flight time and planned safe flight state analyses. | FAA | (a) General. For each launch, a flight safety analysis must establish data loss flight times, as identified by paragraph (b) of this section, and a planned safe flight state to establish each flight termination rule that applies when launch vehicle tracking data is not available for use by the flight safety crew. Section 417.113(d) contains requirements for flight termination rules. (b) Data loss flight times. A flight safety analysis must establish the shortest elapsed thrusting time during which a launch vehicle can move from normal flight to a condition where the launch vehicle's hazardous debris impact dispersion extends to any protected area as a data loss flight time. The analysis must establish a data loss flight time for all times along the nominal trajectory from liftoff through that point during nominal flight when the minimum elapsed thrusting time is no greater than the time it would take for a normal vehicle to reach the overflight gate, or the planned safe flight state established under paragraph (c) of this section, whichever occurs earlier. (c) Planned safe flight state. For a launch vehicle that performs normally during all portions of flight, the planned safe flight state is the point during the nominal flight of a launch vehicle where: (1) No launch vehicle component, debris, or hazard can impact or affect a populated or otherwise protected area for the remainder of the launch; (2) The launch vehicle achieves orbital insertion; or (3) The launch vehicle's state vector reaches a state where the absence of a flight safety system would not significantly increase the accumulated risk from debris impacts and maintains positive flight safety system control to the maximum extent feasible. | ||||
| 14:14:4.0.2.9.11.3.24.12 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.221 Time delay analysis. | FAA | (a) General. A flight safety analysis must include a time delay analysis that establishes the mean elapsed time between the violation of a flight termination rule and the time when the flight safety system is capable of terminating flight for use in establishing flight safety limits as required by § 417.213. (b) Analysis constraints. A time delay analyses must determine a time delay distribution that accounts for the following: (1) The variance of all time delays for each potential failure scenario, including but not limited to, the range of malfunction turn characteristics and the time of flight when the malfunction occurs; (2) A flight safety official's decision and reaction time, including variation in human response time; and (3) Flight termination hardware and software delays including all delays inherent in: (i) Tracking systems; (ii) Data processing systems, including all filter delays; (iii) Display systems; (iv) Command control systems; and (v) Flight termination systems. | ||||
| 14:14:4.0.2.9.11.3.24.13 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.223 Flight hazard area analysis. | FAA | (a) General. A flight safety analysis must include a flight hazard area analysis that identifies any regions of land, sea, or air that must be surveyed, publicized, controlled, or evacuated in order to control the risk to the public from debris impact hazards. The risk management requirements of § 417.205(a) apply. The analysis must account for, at a minimum: (1) All trajectory times from liftoff to the planned safe flight state of § 417.219(c), including each planned impact, for an orbital launch, and through final impact for a suborbital launch; (2) Regions of land potentially exposed to debris resulting from normal flight events and events resulting from any potential malfunction; (3) Regions of sea and air potentially exposed to debris from normal flight events, including planned impacts; (4) In the vicinity of the launch site, any waterborne vessels, populated offshore structures, or aircraft exposed to debris from events resulting from any potential abnormal flight events, including launch vehicle malfunction; (5) Any operational controls implemented to control risk to the public from debris hazards; (6) Debris identified by the debris analysis of § 417.211; and (7) All launch vehicle trajectory dispersion effects in the surface impact domain. (b) Public notices. A flight hazard areas analysis must establish the ship hazard areas for notices to mariners that encompass the three-sigma impact dispersion area for each planned debris impact. A flight hazard areas analysis must establish the aircraft hazard areas for notices to airmen that encompass the 3-sigma impact dispersion volume for each planned debris impact. Section 417.121(e) contains procedural requirements for issuing notices to mariners and airmen. | ||||
| 14:14:4.0.2.9.11.3.24.14 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.224 Probability of failure analysis. | FAA | (a) General. All flight safety analyses for a launch, regardless of hazard or phase of flight, must account for launch vehicle failure probability in a consistent manner. A launch vehicle failure probability estimate must use accurate data, scientific principles, and a method that is statistically or probabilistically valid. For a launch vehicle with fewer than two flights, the failure probability estimate must account for the outcome of all previous launches of vehicles developed and launched in similar circumstances. For a launch vehicle with two or more flights, launch vehicle failure probability estimates must account for the outcomes of all previous flights of the vehicle in a statistically valid manner. (b) Failure. For flight safety analysis purposes, a failure occurs when a launch vehicle does not complete any phase of normal flight or when any anomalous condition exhibits the potential for a stage or its debris to impact the Earth or reenter the atmosphere during the mission or any future mission of similar launch vehicle capability. Also, either a launch incident or launch accident constitutes a failure. (c) Previous flight. For flight analysis purposes, flight begins at a time in which a launch vehicle normally or inadvertently lifts off from a launch platform. Lift-off occurs with any motion of the launch vehicle with respect to the launch platform. | ||||
| 14:14:4.0.2.9.11.3.24.15 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.225 Debris risk analysis. | FAA | A flight safety analysis must demonstrate that the risk to the public potentially exposed to inert and explosive debris hazards from any one flight of a launch vehicle satisfies the public risk criterion of § 417.107(b) for debris. A debris risk analysis must account for risk to populations on land, including regions of launch vehicle flight following passage through any gate in a flight safety limit established as required by § 417.217. A debris risk analysis must account for any potential casualties to the public as required by the debris thresholds and requirements of § 417.107(c). | ||||
| 14:14:4.0.2.9.11.3.24.16 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.227 Toxic release hazard analysis. | FAA | A flight safety analysis must establish flight commit criteria that protect the public from any hazard associated with toxic release and demonstrate compliance with the public risk criterion of § 417.107(b). The analysis must account for any toxic release that will occur during the proposed flight of a launch vehicle or that would occur in the event of a flight mishap. The analysis must account for any operational constraints and emergency procedures that provide protection from toxic release. The analysis must account for all members of the public that may be exposed to the toxic release, including all members of the public on land and on any waterborne vessels, populated offshore structures, and aircraft that are not operated in direct support of the launch. | ||||
| 14:14:4.0.2.9.11.3.24.17 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.229 Far-field overpressure blast effects analysis. | FAA | (a) General. A flight safety analysis must establish flight commit criteria that protect the public from any hazard associated with far field blast overpressure effects due to potential explosions during launch vehicle flight and demonstrate compliance with the public risk criterion of § 417.107(b). (b) Analysis constraints. The analysis must account for: (1) The potential for distant focus overpressure or overpressure enhancement given current meteorological conditions and terrain characteristics; (2) The potential for broken windows due to peak incident overpressures below 1.0 psi and related casualties; (3) The explosive capability of the launch vehicle at impact and at altitude and potential explosions resulting from debris impacts, including the potential for mixing of liquid propellants; (4) Characteristics of the launch vehicle flight and the surroundings that would affect the population's susceptibility to injury, such as, shelter types and time of day of the proposed launch; (5) Characteristics of the potentially affected windows, including their size, location, orientation, glazing material, and condition; and (6) The hazard characteristics of the potential glass shards, such as falling from upper building stories or being propelled into or out of a shelter toward potentially occupied spaces. | ||||
| 14:14:4.0.2.9.11.3.24.18 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.231 [Reserved] | FAA | |||||
| 14:14:4.0.2.9.11.3.24.19 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.233 Analysis for an unguided suborbital launch vehicle flown with a wind weighting safety system. | FAA | For each launch of an unguided suborbital launch vehicle flown with a wind weighting safety system, in addition to the other requirements in this subpart outlined in § 417.201(c), the flight safety analysis must: (a) Establish flight commit criteria and other launch safety rules that a launch operator must implement to control the risk to the public from potential adverse effects resulting from normal and malfunctioning flight; (b) Establish any wind constraints under which launch may occur; and (c) Include a wind weighting analysis that establishes the launcher azimuth and elevation settings that correct for the windcocking and wind-drift effects on the unguided suborbital launch vehicle. | ||||
| 14:14:4.0.2.9.11.3.24.2 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.203 Compliance. | FAA | (a) General. A launch operator's flight safety analysis must satisfy the performance requirements of this subpart. The flight safety analysis must also meet the requirements for methods of analysis contained in appendices A and B of this part for a launch vehicle flown with a flight safety system and appendices B and C of this part for an unguided suborbital launch vehicle that uses a wind-weighting safety system except as otherwise permitted by this section. A flight safety analysis for a launch may rely on an earlier analysis from an identical or similar launch if the analysis still applies to the later launch. (b) Method of analysis. (1) For each launch, a launch operator's flight safety analysis must use— (i) A method approved by the FAA during the licensing process; (ii) A method approved as a license modification by the FAA; or, (iii) If the launch takes place from a Federal launch range, a method approved as part of the FAA's launch site safety assessment of the Federal range's processes. (2) Appendix A of this part contains requirements that apply to all methods of flight safety analysis. A licensee must notify the FAA for any change to the flight safety analysis method. A licensee must file any material change with the FAA as a request for license modification before the launch to which the proposed change would apply. Section 417.11 contains requirements governing a license modification. (c) Alternate analysis method. The FAA will approve an alternate flight safety analysis method if a launch operator demonstrates, in accordance with § 406.3(b), that its proposed analysis method provides an equivalent level of fidelity to that required by this subpart. A launch operator must demonstrate that an alternate flight safety analysis method is based on accurate data and scientific principles and is statistically valid. The FAA will not find a launch operator's application for a license or license modification sufficiently complete to begin review under § 413.11 of this chapter until the FAA approve… | ||||
| 14:14:4.0.2.9.11.3.24.3 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.205 General. | FAA | (a) Public risk management. A flight safety analysis must demonstrate that a launch operator will, for each launch, control the risk to the public from hazards associated with normal and malfunctioning launch vehicle flight. The analysis must employ risk assessment, hazard isolation, or a combination of risk assessment and partial isolation of the hazards, to demonstrate control of the risk to the public. (1) Risk assessment. When demonstrating control of risk through risk assessment, the analysis must demonstrate that any risk to the public satisfies the public risk criteria of § 417.107(b). The analysis must account for the variability associated with: (i) Each source of a hazard during flight; (ii) Normal flight and each failure response mode of the launch vehicle; (iii) Each external and launch vehicle flight environment; (iv) Populations potentially exposed to the flight; and (v) The performance of any flight safety system, including time delays associated with the system. (2) Hazard isolation. When demonstrating control of risk through hazard isolation, the analysis must establish the geographical areas from which the public must be excluded during flight and any operational controls needed to isolate all hazards from the public. (3) Combination of risk assessment and partial isolation of hazards. When demonstrating control of risk through a combination of risk assessment and partial isolation of the hazards from the public, the analysis must demonstrate that the residual public risk due to any hazard not isolated from the public under paragraph (a)(2) of this section satisfies the public risk criteria of § 417.107(b). (b) Dependent analyses. Because some analyses required by this subpart are inherently dependent on one another, the data output of any one analysis must be compatible in form and content with the data input requirements of any other analysis that depends on that output. Figure 417.205-1 illustrates the flight safety analyses that might be performed for a launch flown with a… | ||||
| 14:14:4.0.2.9.11.3.24.4 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.207 Trajectory analysis. | FAA | (a) General. A flight safety analysis must include a trajectory analysis that establishes: (1) For any time after lift-off, the limits of a launch vehicle's normal flight, as defined by the nominal trajectory and potential three-sigma trajectory dispersions about the nominal trajectory. (2) A fuel exhaustion trajectory that produces instantaneous impact points with the greatest range for any given time after liftoff for any stage that has the potential to impact the Earth and does not burn to propellant depletion before a programmed thrust termination. (3) For launch vehicles flown with a flight safety system, a straight-up trajectory for any time after lift-off until the straight-up time that would result if the launch vehicle malfunctioned and flew in a vertical or near vertical direction above the launch point. (b) Trajectory model. A final trajectory analysis must use a six-degree of freedom trajectory model to satisfy the requirements of paragraph (a) of this section. (c) Wind effects. A trajectory analysis must account for all wind effects, including profiles of winds that are no less severe than the worst wind conditions under which flight might be attempted, and must account for uncertainty in the wind conditions. | ||||
| 14:14:4.0.2.9.11.3.24.5 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.209 Malfunction turn analysis. | FAA | (a) General. A flight safety analysis must include a malfunction turn analysis that establishes the launch vehicle's turning capability in the event of a malfunction during flight. A malfunction turn analysis must account for each cause of a malfunction turn, such as thrust vector offsets or nozzle burn-through. For each cause of a malfunction turn, the analysis must establish the launch vehicle's turning capability using a set of turn curves. The analysis must account for: (1) All trajectory times during the thrusting phases of flight. (2) When a malfunction begins to cause each turn throughout the thrusting phases of flight. The analysis must account for trajectory time intervals between malfunction turn start times that are sufficient to establish flight safety limits and hazard areas that are smooth and continuous. (3) The relative probability of occurrence of each malfunction turn of which the launch vehicle is capable. (4) The time, as a single value or a probability time distribution, when each malfunction turn will terminate due to vehicle breakup. (5) What terminates each malfunction turn, such as, aerodynamic breakup or inertial breakup. (6) The launch vehicle's turning behavior from the time when a malfunction begins to cause a turn until aerodynamic breakup, inertial breakup, or ground impact. The analysis must account for trajectory time intervals during the malfunction turn that are sufficient to establish turn curves that are smooth and continuous. (7) For each malfunction turn, the launch vehicle velocity vector turn angle from the nominal launch vehicle velocity vector. (8) For each malfunction turn, the launch vehicle velocity turn magnitude from the nominal velocity magnitude that corresponds to the velocity vector turn angle. (9) For each malfunction turn, the orientation of the launch vehicle longitudinal axis measured relative to the nominal launch vehicle longitudinal axis or Earth relative velocity vector at the start of the turn. (b) Set of turn curves for each malfunction tu… | ||||
| 14:14:4.0.2.9.11.3.24.6 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.211 Debris analysis. | FAA | (a) General. A flight safety analysis must include a debris analysis. For an orbital or suborbital launch, a debris analysis must identify the inert, explosive, and other hazardous launch vehicle debris that results from normal and malfunctioning launch vehicle flight. (b) Launch vehicle breakup. A debris analysis must account for each cause of launch vehicle breakup, including at a minimum: (1) Any flight termination system activation; (2) Launch vehicle explosion; (3) Aerodynamic loads; (4) Inertial loads; (5) Atmospheric reentry heating; and (6) Impact of intact vehicle. (c) Debris fragment lists. A debris analysis must produce lists of debris fragments for each cause of breakup and any planned jettison of debris, launch vehicle components, or payload. The lists must account for all launch vehicle debris fragments, individually or in groupings of fragments whose characteristics are similar enough to be described by a single set of characteristics. The debris lists must describe the physical, aerodynamic, and harmful characteristics of each debris fragment, including at a minimum: (1) Origin on the vehicle, by vehicle stage or component, from which each fragment originated; (2) Whether it is inert or explosive; (3) Weight, dimensions, and shape; (4) Lift and drag characteristics; (5) Properties of the incremental velocity distribution imparted by breakup; and (6) Axial, transverse, and tumbling area. | ||||
| 14:14:4.0.2.9.11.3.24.7 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.213 Flight safety limits analysis. | FAA | (a) General. A flight safety analysis must identify the location of populated or other protected areas, and establish flight safety limits that define when a flight safety system must terminate a launch vehicle's flight to prevent the hazardous effects of the resulting debris impacts from reaching any populated or other protected area and ensure that the launch satisfies the public risk criteria of § 417.107(b). (b) Flight safety limits. The analysis must establish flight safety limits for use in establishing flight termination rules. Section 417.113(c) contains requirements for flight termination rules. The flight safety limits must account for all temporal and geometric extents on the Earth's surface of a launch vehicle's hazardous debris impact dispersion resulting from any planned or unplanned event for all times during flight. Flight safety limits must account for all potential contributions to the debris impact dispersions, including at a minimum: (1) All time delays, as established by the time delay analysis of § 417.221; (2) Residual thrust remaining after flight termination implementation or vehicle breakup due to aerodynamic and inertial loads; (3) All wind effects; (4) Velocity imparted to vehicle fragments by breakup; (5) All lift and drag forces on the malfunctioning vehicle and falling debris; (6) All launch vehicle guidance and performance errors; (7) All launch vehicle malfunction turn capabilities; and (8) Any uncertainty due to map errors and launch vehicle tracking errors. (c) Gates. If a launch involves flight over any populated or other protected area, the flight safety analysis must establish a gate as required by §§ 417.217 and 417.218. (d) Designated debris impact limits. The analysis must establish designated impact limit lines to bound the area where debris with a ballistic coefficient of three or more is allowed to impact if the flight safety system functions properly. | ||||
| 14:14:4.0.2.9.11.3.24.8 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.215 Straight-up time analysis. | FAA | A flight safety analysis must establish the straight-up time for a launch for use as a flight termination rule. Section 417.113(c) contains requirements for flight termination rules. The analysis must establish the straight-up time as the latest time after liftoff, assuming a launch vehicle malfunctioned and flew in a vertical or near vertical direction above the launch point, at which activation of the launch vehicle's flight termination system or breakup of the launch vehicle would not cause hazardous debris or critical overpressure to affect any populated or other protected area. | ||||
| 14:14:4.0.2.9.11.3.24.9 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | C | Subpart C—Flight Safety Analysis | § 417.217 Overflight gate analysis. | FAA | For a launch that involves flight over a populated or other protected area, the flight safety analysis must include an overflight gate analysis. The analysis must establish the portion of a flight safety limit, a gate, through which a normally performing launch vehicle's tracking icon will be allowed to proceed. A tracking icon must enable the flight safety crew to determine whether the launch vehicle's flight is in compliance with the flight safety rules established under § 417.113. When establishing that portion of a flight safety limit, the analysis must demonstrate that the launch vehicle flight satisfies the flight safety requirements of § 417.107. | ||||
| 14:14:4.0.2.9.11.4.24.1 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | D | Subpart D—Flight Safety System | § 417.301 General. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016] | (a) Applicability. This subpart applies to any flight safety system that a launch operator uses. The requirements of § 417.107(a) define when a launch operator must use a flight safety system. A launch operator must ensure that its flight safety system satisfies all the requirements of this subpart, including the referenced appendices. Paragraph (b) of this section provides an exception to this. (b) Alternate flight safety system. A flight safety system need not satisfy one or more of the requirements of this subpart for a launch if a launch operator demonstrates, in accordance with § 406.3(b), that the launch achieves an equivalent level of safety as a launch that satisfies all the requirements of this part. The flight safety system must undergo analysis and testing that is comparable to that required by this part to demonstrate that the system's reliability to perform each intended function is comparable to that required by this subpart. (c) Functions, subsystems, and components. When initiated in the event of a launch vehicle failure, a flight safety system must prevent any launch vehicle hazard, including any payload hazard, from reaching a populated or other protected area. A flight safety system must consist of all of the following: (1) A flight termination system that satisfies appendices D, E, and F of this part; (2) A command control system that satisfies §§ 417.303 and 417.305; (3) Each support system required by § 417.307; and (4) The functions of any personnel who operate flight safety system hardware or software including a flight safety crew that satisfies § 417.311. (d) Compliance —(1) Non-Federal launch site. For launch from a non-Federal launch site, any flight safety system, including all components, must: (i) Comply with a launch operator's flight safety system compliance matrix of § 415.127(g) that accounts for all the design, installation, and monitoring requirements of this subpart, including the referenced appendices; and (ii) Comply with a launch operator's testing compli… | |||
| 14:14:4.0.2.9.11.4.24.2 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | D | Subpart D—Flight Safety System | § 417.303 Command control system requirements. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016] | (a) General. When initiated by a flight safety official, a command control system must transmit a command signal that has the radio frequency characteristics and power needed for receipt of the signal by the onboard vehicle flight termination system. A command control system must include all of the following: (1) All flight termination system activation switches; (2) All intermediate equipment, linkages, and software; (3) Any auxiliary stations; (4) Each command transmitter and transmitting antenna; and (5) All support equipment that is critical for reliable operation, such as power, communications, and air conditioning systems. (b) Performance specifications. A command control system and each subsystem, component, and part that can affect the reliability of a component must have written performance specifications that demonstrate, and contain the details of, how each satisfies the requirements of this section. (c) Reliability prediction. A command control system must have a predicted reliability of 0.999 at the 95 percent confidence level when operating, starting with completion of the preflight testing and system verification of § 417.305(c) through initiation of flight and until the planned safe flight state for each launch. Any demonstration of the system's predicted reliability must satisfy § 417.309(b). (d) Fault tolerance. A command control system must not contain any single-failure-point that, upon failure, would inhibit the required functioning of the system or cause the transmission of an undesired flight termination message. A command control system's design must ensure that the probability of transmitting an undesired or inadvertent command during flight is less than 1 × 10 −7. (e) Configuration control. A command control system must undergo configuration control to ensure its reliability and compatibility with the flight termination system used for each launch. (f) Electromagnetic interference. Each command control system component must function within the electromagnetic enviro… | |||
| 14:14:4.0.2.9.11.4.24.3 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | D | Subpart D—Flight Safety System | § 417.305 Command control system testing. | FAA | [Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016] | (a) General. (1) A command control system, including its subsystems and components must undergo the acceptance testing of paragraph (b) of this section when new or modified. For each launch, a command control system must undergo the preflight testing of paragraph (c) of this section. (2) Each acceptance and preflight test must follow a written test plan that specifies the procedures and test parameters for the test and the testing sequence. A test plan must include instructions on how to handle procedural deviations and how to react to test failures. (3) If hardware or software is redesigned or replaced with a different hardware or software that is not identical to the original, the system must undergo all acceptance testing and analysis with the new hardware or software and all preflight testing for each launch with the new hardware or software. (4) After a command control system passes all acceptance tests, if a component is replaced with an identical component, the system must undergo testing to ensure that the new component is installed properly and is operational. (b) Acceptance testing. (1) All new or modified command control system hardware and software must undergo acceptance testing to verify that the system satisfies the requirements of § 417.303. (2) Acceptance testing must include functional testing, system interface validation testing, and integrated system-wide validation testing. (3) Each acceptance test must measure the performance parameters that demonstrate whether the requirements of § 417.303 are satisfied. (4) Any computing system, software, or firmware that performs a software safety critical function must undergo validation testing and satisfy § 417.123. If command control system hardware interfaces with software, the interface must undergo validation testing. (c) Preflight testing —(1) General. For each launch, a command control system must undergo preflight testing to verify that the system satisfies the requirements of § 417.303 for the launch. (2) Coordinated command co… | |||
| 14:14:4.0.2.9.11.4.24.4 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | D | Subpart D—Flight Safety System | § 417.307 Support systems. | FAA | (a) General. (1) A flight safety system must include the systems required by this section to support the functions of the flight safety system crew, including making a flight termination decision. (2) Each support system and each subsystem, component, and part that can affect the reliability of the support system must have written performance specifications that demonstrate, and contain the details of, how each satisfies the requirements of this section. (3) For each launch, each support system must undergo testing to ensure it functions according to its performance specifications. (b) Launch vehicle tracking. (1) A flight safety system must include a launch vehicle tracking system that provides launch vehicle position and status data to the flight safety crew from the first data loss flight time until the planned safe flight state for the launch. (2) The tracking system must consist of at least two sources of launch vehicle position data. The data sources must be independent of one another, and at least one source must be independent of any vehicle guidance system. (3) All ground tracking systems and components must be compatible with any tracking system components onboard the launch vehicle. (4) If a tracking system uses radar as one of the independent tracking sources, the system must: (i) Include a tracking beacon onboard the launch vehicle; or (ii) If the system relies on skin tracking, it must maintain a tracking margin of no less than 6 dB above noise throughout the period of flight that the radar is used. The flight safety limits must account for the larger tracking errors associated with skin tracking. (5) The tracking system must provide real-time data to the flight safety data processing, display, and recording system required by paragraph (e) of this section. (6) For each launch, each tracking source must undergo validation of its accuracy. For each stage of flight that a launch vehicle guidance system is used as a tracking source, a tracking source that is independent of any system used… | ||||
| 14:14:4.0.2.9.11.4.24.5 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | D | Subpart D—Flight Safety System | § 417.309 Flight safety system analysis. | FAA | (a) General. (1) Each flight termination system and command control system, including each of their components, must satisfy the analysis requirements of this section. (2) Each analysis must follow an FAA approved system safety and reliability analysis methodology. (b) System reliability. Each flight termination system and command control system must undergo an analysis that demonstrates the system's predicted reliability. Each analysis must: (1) Account for the probability of a flight safety system anomaly occurring and all of its effects as determined by the single failure point analysis and the sneak circuit analysis required by paragraphs (c) and (g) of this section; (2) Demonstrate that each system satisfies the predicted reliability requirement of 0.999 at the 95 percent confidence level; (3) Use a reliability model that is statistically valid and accurately represents the system; (4) Account for the actual or predicted reliability of all subsystems and components; (5) Account for the effects of storage, transportation, handling, maintenance, and operating environments on component predicted reliability; and (6) Account for the interface between the launch vehicle systems and the flight termination system. (c) Single failure point. A command control system must undergo an analysis that demonstrates that the system satisfies the fault tolerance requirements of § 417.303(d). A flight termination system must undergo an analysis that demonstrates that the system satisfies the fault tolerance requirements of section D417.5(b). Each analysis must: (1) Follow a standard industry methodology such as a fault tree analysis or a failure modes effects and criticality analysis; (2) Identify all possible failure modes and undesired events, their probability of occurrence, and their effects on system performance; (3) Identify single point failure modes; (4) Identify areas of design where redundancy is required and account for any failure mode where a component and its backup could fail at the same time … | ||||
| 14:14:4.0.2.9.11.4.24.6 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | D | Subpart D—Flight Safety System | § 417.311 Flight safety crew roles and qualifications. | FAA | (a) A flight safety crew must operate the flight safety system hardware. A flight safety crew must document each flight safety crew position description and maintain documentation on individual crew qualifications, including education, experience, and training as part of the personnel certification program required by § 417.105. (b) A flight safety crew must be able to demonstrate the knowledge, skills, and abilities needed to operate the flight safety system hardware in accordance with § 417.113. (1) A flight safety crew must have knowledge of: (i) All flight safety system assets and responsibilities, including: (A) Communications systems and launch operations procedures; (B) Both voice and data systems; (C) Graphical data systems; (D) Tracking; and (E) Telemetry real time data; (ii) Flight termination systems; and (iii) Contingency operations, including hold, recycle and abort procedures. (2) An individual who monitors vehicle performance and performs flight termination must have knowledge of and be capable of resolving malfunctions in: (i) The application of safety support systems such as position tracking sources; (ii) Digital computers; (iii) Displays; (iv) Command destruct; (v) Communications; (vi) Telemetry; (vii) All electrical functions of a flight termination system; (viii) The principles of radio frequency transmission and attenuation; (ix) The behavior of ballistic and aerodynamic vehicles in flight under the influence of aerodynamic forces; and (x) The application of flight termination rules. (3) An individual who operates flight safety support systems must have knowledge of and be capable of resolving malfunctions in: (i) The design and assembly of the flight safety support system hardware; (ii) The operation of electromechanical systems; and (iii) The nature and inherent tendencies of the flight safety system hardware being operated. (4) An individual who performs flight safety analysis must have knowledge of orbital mechanics and be proficient in the calculation and produ… | ||||
| 14:14:4.0.2.9.11.5.24.1 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.401 Scope. | FAA | This subpart contains public safety requirements that apply to launch processing and post-launch operations at a launch site in the United States. Ground safety requirements in this subpart apply to activities performed by, or on behalf of, a launch operator at a launch site in the United States. A licensed launch site operator must satisfy the requirements of part 420 of this chapter. | ||||
| 14:14:4.0.2.9.11.5.24.10 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.417 Propellants and explosives. | FAA | (a) A launch operator must comply with the explosive safety criteria in part 420 of this chapter. (b) A launch operator must ensure that: (1) The explosive site plan satisfies part 420 of this chapter; (2) Only those explosive facilities and launch points addressed in the explosive site plan are used and only for their intended purpose; and (3) The total net explosive weight for each explosive hazard facility and launch point must not exceed the maximum net explosive weight limit indicated on the explosive site plan for each location. (c) A launch operator must establish, maintain, and perform procedures that ensure public safety for the receipt, storage, handling, inspection, test, and disposal of explosives. (d) A launch operator must establish and maintain each procedural system control to prevent inadvertent initiation of propellants and explosives. These controls must include the following: (1) Protect ordnance systems from stray energy through methods of bonding, grounding, and shielding, and controlling radio frequency radiation sources in a radio frequency radiation exclusion area. A launch operator must determine the vulnerability of its electro-explosive devices and systems to radio frequency radiation and establish radio frequency radiation power limits or radio frequency radiation exclusion areas as required by the launch site operator or to ensure safety. (2) Keep ordnance safety devices, as required by § 417.409, in place until the launch complex is cleared as part of the final launch countdown. No members of the public may re-enter the complex until each safety device is re-established. (3) Do not allow heat and spark or flame producing devices in an explosive or propellant facility without written approval and oversight from a launch operator's safety organization. (4) Do not allow static producing materials in close proximity to solid or liquid propellants, electro-explosive devices, or systems containing flammable liquids. (5) Use fire safety measures including: (i) Elimination or re… | ||||
| 14:14:4.0.2.9.11.5.24.2 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.402 Compliance. | FAA | (a) General. A launch operator's ground safety process must satisfy this subpart. (b) Ground safety analysis conducted for launch at a Federal launch range. This provision applies to all sections of this subpart. The FAA will accept a ground safety process conducted for a launch from a Federal launch range without need for further demonstration of compliance to the FAA if: (1) A launch operator has contracted with a Federal launch range for the provision of the ground safety process; and (2) The FAA has assessed the Federal launch range, through its launch site safety assessment, and found that the Federal launch range's ground safety process satisfies the requirements of this subpart. In this case, the FAA will treat the Federal launch range's process as that of a launch operator. (c) Toxic release hazard analysis conducted for launch processing at a Federal launch range. The FAA will accept a toxic release hazard analysis conducted for launch processing from a Federal launch range provided the toxic release analysis satisfies the Federal launch range's requirements, and the FAA has assessed the Federal launch range, through its launch site safety assessment, and found that the applicable Federal launch range safety-related launch services and property satisfy the requirements of this subpart. (d) Demonstration of compliance. For a licensed launch that does not satisfy paragraphs (b) and (c) of this section, a launch operator must demonstrate compliance to the FAA with the requirements of this subpart, and must include in its demonstration the analysis products required by subparts A and E of this part, and appendices I and J of this part. (e) Alternate methods. The FAA will approve an alternate hazard control method if a launch operator demonstrates, in accordance with § 406.3(b), that its proposed hazard control method provides an equivalent level of safety to that required by this subpart. | ||||
| 14:14:4.0.2.9.11.5.24.3 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.403 General. | FAA | (a) Public safety. A launch operator must ensure that each hazard control is in place to protect the public from each potential hazard associated with launch processing and post-launch operations. (b) Ground safety analysis. A launch operator must perform and document a ground safety analysis that satisfies § 417.405 and appendix J of this part. (c) Local agreements. A launch operator must coordinate and perform launch processing and post-launch operations that satisfy local agreements to ensure the responsibilities and requirements in this part and § 420.57 of this chapter are met. A launch operator, when using a launch site of a licensed launch site operator, must coordinate the launch operator's operations with the launch site operator and with any agreements that the launch site operator has with local authorities that form a basis for the launch site operator's license. (d) Launch operator's exclusive use of a launch site. For a launch conducted from a launch site exclusive to its own use, a launch operator must satisfy the requirements of this subpart and of part 420 of this chapter, including subpart D of part 420. | ||||
| 14:14:4.0.2.9.11.5.24.4 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.405 Ground safety analysis. | FAA | (a) A launch operator must perform a ground safety analysis for launch vehicle hardware, ground hardware including launch site and ground support equipment, launch processing, and post-launch operations at a launch site in the United States. The requirements of this section apply to the performance of the ground safety analysis and to the ground safety analysis products that a launch operator must file with the FAA as required by § 417.402(d). This analysis must identify each potential hazard, each associated cause, and each hazard control that a launch operator must establish and maintain to keep each identified hazard from affecting the public. A launch operator must incorporate the launch site operator's systems and operations involved in ensuring public safety into the ground safety analysis. (b) Technical personnel who are knowledgeable of launch vehicle systems, launch processing, ground systems, operations, and their associated hazards must prepare the ground safety analysis. These individuals must be qualified to perform the ground safety analysis through training, education, and experience. (c) A launch operator must ensure personnel performing a ground safety analysis or preparing a ground safety analysis report will have the cooperation of the entire launch operator's organization. A launch operator must maintain supporting documentation and it must be available upon request. (d) A launch operator must: (1) Begin a ground safety analysis by identifying the systems and operations to be analyzed; (2) Define the extent of each system and operation being assessed to ensure there is no miscommunication as to what the hazards are, and who, in a launch operator's organization or other organization supporting the launch, controls those hazards; and (3) Ensure that the ground safety analysis accounts for each launch vehicle system and operation involved in launch processing and post-launch operations, even if only to show that no hazard exists. (e) A ground safety analysis need not account for potential … | ||||
| 14:14:4.0.2.9.11.5.24.5 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.407 Hazard control implementation. | FAA | (a) General. A launch operator must establish and maintain the hazard controls identified by the ground safety analysis including: (1) System hazard controls that satisfy § 417.409; (2) Safety clear zones for hazardous operations that satisfy § 417.411; (3) Hazard areas and controls for allowing public access that satisfy § 417.413; (4) Hazard controls after launch or an attempt to launch that satisfy § 417.415; and (5) Controls for propellant and explosive hazards that satisfy § 417.417. (b) Hazard control verification. A launch operator must establish a hazard tracking process to ensure that each identified hazard has a verifiable hazard control. Verification status must remain “open” for an individual hazard control until the hazard control is verified to exist in a released drawing, report, procedure, or similar document. (c) Hazard control configuration control. A launch operator must establish and maintain a configuration control process for safety critical hardware. Procedural steps to verify hazard controls, and their associated documentation, cannot be changed without coordination with the person designated in § 417.103(b)(2). (d) Inspections. When a potential hazard exists, a launch operator must conduct periodic inspections of related hardware, software, and facilities. A launch operator must ensure qualified and certified personnel, as required by § 417.105, conduct the inspection. A launch operator must demonstrate that the time interval between inspections is sufficient to ensure satisfaction of this subpart. A launch operator must ensure safety devices and other hazard controls must remain in place for that hazard, and that safety devices and other hazard controls must remain in working order so that no unsafe conditions exist. (e) Procedures. A launch operator must conduct each launch processing or post-launch operation involving a public hazard or a launch location hazard pursuant to written procedures that incorporate the hazard controls identified by a launch operator's groun… | ||||
| 14:14:4.0.2.9.11.5.24.6 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.409 System hazard controls. | FAA | (a) General. A launch operator must establish and maintain hazard controls for each system that presents a public hazard as identified by the ground safety analysis and satisfy the requirements of this section. A launch operator must: (1) Ensure a system be at least single fault tolerant to creating a public hazard unless other hazard control criteria are specified for the system by the requirements of this part. A system capable of creating a catastrophic public hazard must be at least dual fault tolerant. Dual fault tolerant system hazard controls include: Switches, valves, or similar components that prevent an unwanted transfer or release of energy or hazardous materials; (2) Ensure each hazard control used to provide fault tolerance is independent from other hazard controls so that no single action or event can remove more than one inhibit. A launch operator must prevent inadvertent activation of hazard control devices such as switches and valves; (3) Provide at least two fully redundant safety devices if a safety device must function in order to control a public hazard. A single action or event must not be capable of disabling both safety devices; and (4) Ensure computing systems and software used to control a public hazard satisfy the requirements of § 417.123. (b) Structures and material handling equipment. A launch operator must ensure safety factors applied in the design of a structure or material handling equipment account for static and dynamic loads, environmental stresses, expected wear, and duty cycles. A launch operator must: (1) Inspect structures and material handling equipment to verify workmanship, proper operations, and maintenance; (2) Prepare plans to ensure proper operations and maintenance of structures and material handling equipment; (3) Assess structures and material handling equipment for potential single point failure; (4) Eliminate single point failures from structures and material handling equipment or subject the structures and material handling equipment to specific i… | ||||
| 14:14:4.0.2.9.11.5.24.7 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.411 Safety clear zones for hazardous operations. | FAA | (a) A launch operator must define a safety clear zone that confines the adverse effects of each operation involving a public hazard or launch location hazard. A launch operator's safety clear zones must satisfy the following: (1) A launch operator must establish a safety clear zone that accounts for the potential blast, fragment, fire or heat, toxic and other hazardous energy or material potential of the associated systems and operations. A launch operator must base a safety clear zone on the following criteria: (i) For a possible explosive event, base a safety clear zone on the worst case event, regardless of the fault tolerance of the system; (ii) For a possible toxic event, base a safety clear zone on the worst case event. A launch operator must have procedures in place to maintain public safety in the event toxic releases reach beyond the safety clear zone; and (iii) For a material handling operation, base a safety clear zone on a worst case event for that operation. (2) A launch operator must establish a safety clear zone when the launch vehicle is in a launch command configuration with the flight safety systems fully operational and on internal power. (b) A launch operator must establish restrictions that prohibit public access to a safety clear zone during a hazardous operation. A safety clear zone may extend to areas beyond the launch location boundaries if local agreements provide for restricting public access to such areas and a launch operator verifies that the safety clear zone is clear of the public during the hazardous operation. (c) A launch operator's procedures must verify that the public is outside of a safety clear zone prior to a launch operator beginning a hazardous operation. (d) A launch operator must control a safety clear zone to ensure no public access during the hazardous operation. Safety clear zone controls include: (1) Use of security guards and equipment; (2) Physical barriers; and (3) Warning signs, and other types of warning devices. | ||||
| 14:14:4.0.2.9.11.5.24.8 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.413 Hazard areas. | FAA | (a) General. A launch operator must define a hazard area that confines the adverse effects of a hardware system should an event occur that presents a public hazard or launch location hazard. A launch operator must prohibit public access to the hazard area whenever a hazard is present unless the requirements for public access of paragraph (b) of this section are met. (b) Public access. A launch operator must establish a process for authorizing public access if visitors or members of the public must have access to a launch operator's facility or launch location. The process must ensure that each member of the public is briefed on the hazards within the facility and related safety warnings, procedures, and rules that provide protection, or a launch operator must ensure that each member of the public is accompanied by a knowledgeable escort. (c) Hazard controls during public access. A launch operator must establish procedural controls that prevent hazardous operations from taking place while members of the public have access to the launch location and must verify that system hazard controls are in place that prevent initiation of a hazardous event. Hazard controls and procedures that prevent initiation of a hazardous event include the following: (1) Use of lockout devices or other restraints on system actuation switches or other controls to eliminate the possibility of inadvertent actuation of a hazardous system. (2) Disconnect ordnance systems from power sources, incorporate the use of safing plugs, or have safety devices in place that prevent inadvertent initiation. Activity involving the control circuitry of electrically activated safety devices must not be ongoing while the public has access to the hazard area. Install safing pins on safe and arm devices and mechanically actuated devices. Disconnect explosive transfer lines, not protected by a safe and arm device or a mechanically actuated device or equivalent. (3) When systems or tanks are loaded with hypergols or other toxic materials, close the syst… | ||||
| 14:14:4.0.2.9.11.5.24.9 | 14 | Aeronautics and Space | III | C | 417 | PART 417—LAUNCH SAFETY | E | Subpart E—Ground Safety | § 417.415 Post-launch and post-flight-attempt hazard controls. | FAA | (a) A launch operator must establish, maintain and perform procedures for controlling hazards and returning the launch facility to a safe condition after a successful launch. Procedural hazard controls must include: (1) Provisions for extinguishing fires; (2) Re-establishing full operational capability of safety devices, barriers, and platforms; and (3) Access control. (b) A launch operator must establish procedures for controlling hazards associated with a failed flight attempt where a solid or liquid launch vehicle engine start command was sent, but the launch vehicle did not liftoff. These procedures must include the following: (1) Maintaining and verifying that each flight termination system remains operational until verification that the launch vehicle does not represent a risk of inadvertent liftoff. If an ignition signal has been sent to a solid rocket motor, the flight termination system must remain armed and active for a period of no less than 30 minutes. During this time, flight termination system batteries must maintain sufficient voltage and current capacity for flight termination system operation. The flight termination system receivers must remain captured by the command control system transmitter's carrier signal; (2) Assuring that the vehicle is in a safe configuration, including its propulsion and ordnance systems. The flight safety system crew must have access to the vehicle status. Re-establish safety devices and bring each pressurized system down to safe pressure levels; and (3) Prohibiting launch complex entry until the launch pad area safing procedures are complete. (c) A launch operator must establish procedural controls for hazards associated with an unsuccessful flight where the launch vehicle has a land or water impact. These procedures must include the following provisions: (1) Evacuation and rescue of members of the public, to include modeling the dispersion and movement of toxic plumes, identification of areas at risk, and communication with local government authorities; (2)… | ||||
| 29:29:2.1.4.1.10.0.1.1 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | § 417.1 Purpose and scope. | OFCCP | Section 401(h) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481) provides that if, upon application of any member of a local labor organization, the Secretary of Labor finds, after hearing in accordance with the Administrative Procedure Act, that the constitution and bylaws of such labor organization do not provide an adequate procedure for the removal of an elected officer guilty of serious misconduct, such officer may be removed for cause shown and after notice and hearing, by the members in good standing voting in a secret ballot. Section 401(i) (29 U.S.C. 481) requires the Secretary to promulgate rules and regulations prescribing minimum standards and procedures for determining the adequacy of the removal procedures referred to in section 401(h). Section 402(a) (29 U.S.C. 482) provides that a member of a labor organization who has exhausted the available internal remedies of such organization and of any parent body, or who has invoked such remedies without obtaining a final decision within three months, may file a complaint with the Secretary within one month thereafter alleging violation of section 401 (including violation of the constitution and bylaws of the labor organization pertaining to the removal of officers). Section 402(b) (29 U.S.C. 482) provides that upon suit initiated by the Secretary, a Federal court may direct the conduct of a hearing and vote upon the removal of officers under the supervision of the Secretary, and in accordance with such rules and regulations as the Secretary may prescribe. It is the purpose of this part to implement those sections by prescribing regulations relating to the procedures and standards for determining the adequacy of removal procedures and the procedures for holding elections for the removal of officers. | ||||||
| 29:29:2.1.4.1.10.0.1.2 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | § 417.2 Definitions. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 29 FR 8480, July 7, 1964; 29 FR 9537, July 14, 1964; 50 FR 31310, Aug. 1, 1985; 62 FR 6093, Feb. 10, 1997; 63 FR 33779, June 19, 1998; 78 FR 8025, Feb. 5, 2013] | (a) Chief, DOE means the Chief of the Division of Enforcement within the Office of Labor-Management Standards. (b) Adequate procedure shall mean any procedure which affords reasonable and equitable opportunity for (1) trial of an officer(s) charged with serious misconduct, and (2) removal of such an officer(s) if found guilty, and which contains the elements set forth in each of the subparagraphs of this paragraph: Provided, however, That any other procedure which provides otherwise reasonable and equitable measures for removal from office may also be considered adequate: (1) A reasonable opportunity is afforded for filing charges of serious misconduct against any elected officer(s) without being subject to retaliatory threats, coercion, or acts of intimidation. (2) The charges of serious misconduct are communicated to the accused officer(s), and reasonable notice is given the members of the organization, reasonably in advance of the time for hearing thereon. (3) Subject to reasonable restrictions, a fair and open hearing upon such charges is held after adequate notice and adequate opportunity is afforded for testimony or the submission of evidence in support of or in opposition to such charges. Within a reasonable time following such hearing, a decision is reached as to the guilt or innocence of the accused. (4) If the hearing upon such charges is held before a trial committee or other duly authorized body, reasonable notice of such body's findings is given to the membership of the organization promptly. (5) If such accused officer(s) is found guilty, he may be removed by a procedure which includes: (i) A secret ballot vote of the members at an appropriately called meeting, or (ii) A vote of a trial committee or other duly authorized body, subject to appeal and review by the members voting by a secret ballot at an appropriately called meeting. (6) Within a reasonable time after the charges of serious misconduct are filed with the labor organization final disposition (including appellate procedures… | |||||
| 29:29:2.1.4.1.10.1.2.1 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.3 Initiation of proceedings. | OFCCP | (a) Any member of a local labor organization who has reason to believe that: (1) An elected officer(s) of such organization has been guilty of serious misconduct, and (2) The constitution and bylaws of his organization do not provide an adequate procedure for the removal of such officer(s), may file with the Office of Labor-Management Standards a written application, which may be in the form of a letter, for initiation of proceedings under section 401(h) of the Act. (b) An application filed under paragraph (a) of this section shall set forth the facts upon which it is based including a statement of the basis for the charge that an elected officer(s) is guilty of serious misconduct; and shall contain: (1) Information identifying the labor organization and the officer or officers involved, and (2) Any data such member desires the Office of Labor-Management Standards to consider in connection with his application. | ||||
| 29:29:2.1.4.1.10.1.2.10 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.12 Proposed findings and conclusions. | OFCCP | Within 10 days following the close of hearings, interested persons may submit proposed findings and conclusions to the Administrative Law Judge, together with supporting reasons therefor, which shall become a part of the record. | ||||
| 29:29:2.1.4.1.10.1.2.11 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.13 Initial decision of Administrative Law Judge. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 78 FR 8025, Feb. 5, 2013] | Within 25 days following the period for submitting proposed findings and conclusions, the Administrative Law Judge shall consider the whole record, file an initial decision as to the adequacy of the constitution and bylaws for the purpose of removing officers with the Administrative Review Board, and forward a copy to each party participating in the hearing. His decision shall become a part of the record and shall include a statement of his findings and conclusions, as well as the reasons or basis therefor, upon all material issues. | |||
| 29:29:2.1.4.1.10.1.2.12 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.14 Form and time for filing of appeal with the Administrative Review Board. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 78 FR 8025, Feb. 5, 2013; 86 FR 1785, Jan. 11, 2021] | (a) An interested person may appeal from the Administrative Law Judge's initial decision by filing written exceptions with the Administrative Review Board within 15 days of the issuance of the Administrative Law Judge's initial decision (or such additional time as the Administrative Review Board may allow), together with supporting reasons for such exceptions, in accordance with 29 CFR part 26. Blanket appeals shall not be received. Impertinent or scandalous matter may be stricken by the Administrative Review Board, or an appeal containing such matter or lacking in specification of exceptions may be dismissed. (b) In the absence of either an appeal to the Administrative Review Board or review of the Administrative Law Judge's initial decision by the Administrative Review Board on his own motion, such initial decision shall become the decision of the Administrative Review Board. | |||
| 29:29:2.1.4.1.10.1.2.13 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.15 Decision of the Administrative Review Board. | OFCCP | [86 FR 1785, Jan. 11, 2021] | Upon appeal filed with the Administrative Review Board pursuant to § 417.14, or within its discretion upon its own motion, the complete record of the proceedings shall be certified to it; it shall notify all interested persons who participated in the proceedings; and it shall review the record, the exceptions filed and supporting reasons, and shall issue a decision as to the adequacy of the constitution and bylaws for the purpose of removing officers, or shall order such further proceedings as it deems appropriate. Its decision shall become a part of the record and shall include a statement of its findings and conclusions, as well as the reasons or basis therefor, upon all material issues. | |||
| 29:29:2.1.4.1.10.1.2.2 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.4 Pre-hearing conference. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 50 FR 31310, Aug. 1, 1985; 62 FR 6093, Feb. 10, 1997; 78 FR 8025, Feb. 5, 2013] | (a) Upon receipt of an application filed under § 417.3, the Chief, DOE shall cause an investigation to be conducted of the allegations contained therein, and if he finds probable cause to believe that the constitution and bylaws of the labor organization do not provide an adequate procedure for the removal of an elected officer(s) guilty of serious misconduct he shall: (1) Advise the labor organization of his findings and (2) Afford such labor organization the opportunity for a conference to be set not earlier than 10 days thereafter except where all interested persons elect to confer at an earlier time. Any such conference shall be conducted for the purpose of hearing the views of interested persons and attempting to achieve a settlement of the issue without formal proceedings. (b)(1) If: (i) The labor organization declines the opportunity to confer afforded under paragraph (a) of this section, and fails to undertake compliance with the provisions of section 401(h) of the Act, or if (ii) After consideration of any views presented by the labor organization the Chief, DOE still finds probable cause to believe that the removal procedures are not adequate and if agreement for the adoption of adequate procedures for removal has not been achieved and the labor organization refuses to enter into a stipulation to comply with the provisions of section 401(h) of the Act, the Chief, DOE shall submit his findings and recommendations to the Director. (2) Upon consideration of the Chief, DOE's recommendations, the Director may order a hearing to be conducted before an Administrative Law Judge duly assigned by him to receive evidence and arguments (i) on the applicability of section 401(h) of the Act to the labor organization involved, and (ii) on the question of whether its constitution and bylaws provide an adequate procedure for the removal of an elected union officer guilty of serious misconduct. | |||
| 29:29:2.1.4.1.10.1.2.3 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.5 Notice. | OFCCP | Notice of hearing shall be given not less than 10 days before such hearing is held unless the parties agree to a shorter notice period. Such notice shall be transmitted to the labor organization and the officer(s) accused of misconduct and other interested persons, insofar as they are known, and shall inform them of: (a) The time, place, and nature of the hearings; (b) The legal authority and jurisdiction under which the hearing is to be held; and (c) The matters of fact and law asserted. The Labor organization shall inform its members of the provisions of the notice and copies of the notice shall be made available for inspection at the offices of the labor organization. | ||||
| 29:29:2.1.4.1.10.1.2.4 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.6 Powers of Administrative Law Judge. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 78 FR 8025, Feb. 5, 2013] | The designated Administrative Law Judge shall have authority: (a) To give notice concerning and to conduct hearings; (b) To administer oaths and affirmations; (c) To issue subpoenas; (d) To rule upon offers of proof and receive relevant evidence; (e) To take or cause depositions to be taken whenever the ends of justice would be served thereby; (f) To regulate the course of the hearing; (g) To hold conferences for the settlement or simplification of the issues by consent of the parties; (h) To dispose of procedural requests or other matters; (i) To limit the number of witnesses at hearings, or limit or exclude evidence or testimony which may be irrelevant, immaterial, or cumulative; (j) If appropriate or necessary to exclude persons or counsel from participation in hearings for refusing any proper request for information or documentary evidence, or for contumacious conduct; (k) To grant continuances or reschedule hearings for good cause shown; (l) To consider and decide procedural matters; (m) To take any other actions authorized by the regulations in this part. The Administrative Law Judge's authority in the case shall terminate upon his filing of the record and his initial decision with the Director, or when he shall have withdrawn from the case upon considering himself disqualified, or upon termination of his authority by the Director for good cause stated. However, the Administrative Law Judge's authority may be reinstated upon referral of some or all the issues by the Director for rehearing. This authority will terminate upon certification of the rehearing record to the Director. | |||
| 29:29:2.1.4.1.10.1.2.5 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.7 Transcript. | OFCCP | [50 FR 31310, Aug. 1, 1985, as amended at 63 FR 33779, June 19, 1998; 78 FR 8025, Feb. 5, 2013] | An official reporter shall make the only official transcript of the proceedings. Copies of the official transcript shall be made available upon request addressed to the Director in accordance with the provisions of part 70 of this title. | |||
| 29:29:2.1.4.1.10.1.2.6 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.8 Appearances. | OFCCP | The Department of Labor does not maintain a register of persons or attorneys who may participate at hearings. Any interested person may appear and be heard in person or be represented by counsel. | ||||
| 29:29:2.1.4.1.10.1.2.7 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.9 Evidence; contumacious or disorderly conduct. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 29 FR 8480, July 7, 1964; 78 FR 8025, Feb. 5, 2013] | (a) Formal rules of evidence or procedure in use in courts of law or equity shall not obtain. Rules of evidence are to be within the discretion of the Administrative Law Judge. However, it shall be the policy to exclude testimony or matter which is irrelevant, immaterial, or unduly repetitious. (b) Contumacious or disorderly conduct at a hearing may be ground for exclusion therefrom. The refusal of a witness at any hearing to answer any questions which have been ruled to be proper shall, in the discretion of the Administrative Law Judge be ground for striking all testimony previously given by such witness on related matter. (c) At any stage of the hearing the Administrative Law Judge may call for further evidence or testimony on any matter. After the hearing has been closed, no further information shall be received on any matter, except where provision shall have been made for it at the hearing, or except as the Administrative Law Judge or Director may direct by reopening the hearing. | |||
| 29:29:2.1.4.1.10.1.2.8 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.10 Rights of participants. | OFCCP | Every interested person shall have the right to present oral or documentary evidence, to submit evidence in rebuttal, and to conduct such examination or cross-examination as may be required for a full and true disclosure of the facts (subject to the rulings of the Administrative Law Judge), and to object to admissions or exclusions of evidence. The Department of Labor, through its officers and attorneys shall have all rights accorded interested persons by the provisions of this subpart A. | ||||
| 29:29:2.1.4.1.10.1.2.9 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart A—Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations | § 417.11 Objections to evidence. | OFCCP | Objections to the admission or exclusion of evidence may be made orally or in writing, but shall be in short form, stating the grounds for such objection. The transcript shall not include argument or debate thereon except as required by the Administrative Law Judge. Rulings on such objections shall be a part of the transcript. No such objections shall be deemed waived by further participation in the hearing. Formal exceptions are unnecessary and will not be taken to rulings on objections. | ||||
| 29:29:2.1.4.1.10.2.2.1 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.16 Initiation of proceedings. | OFCCP | [59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997; 78 FR 8025, Feb. 5, 2013] | (a) Any member of a local labor organization may file a complaint with the Office of Labor-Management Standards alleging that following a finding by the Administrative Review Board pursuant to subpart A that the constitution and bylaws of the labor organization pertaining to the removal of officers are inadequate, or a stipulation of compliance with the provisions of section 401(h) of the Act reached with the Chief, DOE in connection with a prior charge of the inadequacy of a union's constitution and bylaws to remove officers, as provided in subpart A of this part, the labor organization (1) has failed to act within a reasonable time, or (2) has violated the procedures agreed to with the Chief, DOE, or (3) has violated the principles governing adequate removal procedures under § 417.2(b). (b) The complaint must be filed pursuant to section 402(a) of the Act within one calendar month after one of the two following conditions has been met: (1) The member has exhausted the remedies available to him under the constitution and bylaws of the organization, or (2) The member has invoked such remedies without obtaining a final decision within three calendar months after invoking them. | |||
| 29:29:2.1.4.1.10.2.2.10 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.25 Certification of results of vote. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 78 FR 8025, Feb. 5, 2013] | Upon receipt of the report of the Director's Representative on the hearing and vote on removal, the Director shall certify the results of the vote to the court as required by section 402(c) of the Act. | |||
| 29:29:2.1.4.1.10.2.2.2 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.17 Investigation of complaint and court action. | OFCCP | [59 FR 65717, Dec. 21, 1994, as amended at 78 FR 8025, Feb. 5, 2013] | The Office of Labor-Management Standards shall investigate such complaint, and if upon such investigation the Secretary finds probable cause to believe that a violation of section 401(h) of the Act has occurred and has not been remedied, the Secretary shall within 60 days after the filing of such complaint, bring a civil action against the labor organization in the district court of the United States for the district in which such labor organization maintains its principal office, to direct the conduct of a hearing and vote upon the removal of officer(s) under the supervision of the Director as provided in section 402(b) of the Act. | |||
| 29:29:2.1.4.1.10.2.2.3 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.18 Hearings—removal of officers of local labor organizations. | OFCCP | Hearings pursuant to order of the court and concerning the removal of officers under section 402(b) of the Act shall be for the purpose of introducing testimony and evidence showing why an officer or officers accused of serious misconduct should or should not be removed. Hearings shall be conducted by the officers of the labor organization (subject to § 417.19) in accordance with the constitution and bylaws of the labor organization insofar as they are not inconsistent with title IV of the Act, or with the provisions of this part 417: Provided, however, That no officer(s) accused of serious misconduct shall participate in such hearings in any capacity except as witness or counsel. | ||||
| 29:29:2.1.4.1.10.2.2.4 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.19 Director's representative. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 29 FR 8480, July 7, 1964 ; 78 FR 8025, Feb. 5, 2013] | The Director shall appoint a representative or representatives whose functions shall be to supervise the hearing and vote. Such representative(s) shall have final authority to issue such rulings as shall be appropriate or necessary to insure a full and fair hearing and vote. Upon his own motion or upon consideration of the petition of any interested person the Director's Representative may disqualify any officer(s) or member(s) of the union from participation in the conduct of the hearing (except in the capacity of witness or counsel). | |||
| 29:29:2.1.4.1.10.2.2.5 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.20 Notice of hearing. | OFCCP | Notice of hearing, not less than 10 days in advance of the date set for such hearing, shall be transmitted to the officer or officers accused of serious misconduct and other interested persons, insofar as they are known, and shall inform them of (a) the time, place, and nature of the hearing; (b) the legal authority and jurisdiction under which the hearing is to be held; (c) the matters of fact and law asserted; and (d) their rights to challenge the appointment of certain of, or all of, the officers of the union to conduct the hearing in accordance with this subpart. The labor organization shall promptly inform its members of the provisions of the notice. Copies of the notice shall be made available for inspection at the office of the labor organization. | ||||
| 29:29:2.1.4.1.10.2.2.6 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.21 Transcript. | OFCCP | [50 FR 31310, Aug. 1, 1985, as amended at 63 FR 33779, June 19, 1998; 78 FR 8025, Feb. 5, 2013] | It shall be within the discretion of the Director to require an official reporter to make an official transcript of the hearings. In the event he does so require, copies of the official transcript shall be made available upon request addressed to the Director in accordance with the provisions of part 70 of this title. | |||
| 29:29:2.1.4.1.10.2.2.7 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.22 Vote among members of the labor organization. | OFCCP | Within a reasonable time after completion of the hearing, and after proper notice thereof, a secret ballot vote shall be conducted among the members of the labor organization in good standing on the issue of whether the accused officer or officers shall be removed from office. The vote shall be in accordance with the constitution and bylaws of the labor organization insofar as they are not inconsistent with the provisions of the Act or this part 417. The presiding officer or officers at the taking of such vote shall entertai objections or suggestions as to the rules for conducting the vote, eligibility of voters, and such other matters as may be pertinent; and shall rule on such questions, shall establish procedures for the conduct of the vote, and for tabulation of the ballots; and shall appoint observers and compile a list of eligible voters. All rulings of the presiding officer or officers shall be subject to the provisions of § 417.19. | ||||
| 29:29:2.1.4.1.10.2.2.8 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.23 Report to the Director. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 78 FR 8025, Feb. 5, 2013] | Following completion of the hearing and vote, the Director's Representative shall file a report with the Director setting out the results of the balloting; and pertinent details of the hearing and vote. Notice thereof shall be given to the membership of such labor organization promptly and copies shall be furnished to all interested parties. | |||
| 29:29:2.1.4.1.10.2.2.9 | 29 | Labor | IV | A | 417 | PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS | A | Subpart B—Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures | § 417.24 Appeal to the Director. | OFCCP | [29 FR 8264, July 1, 1964, as amended at 50 FR 31310, Aug. 1, 1985; 78 FR 8025, Feb. 5, 2013] | (a) Within 15 days after mailing of the report of the Director's Representative, any interested party may appeal the conduct of the hearing or vote or both by filing written exceptions with the Director. Blanket appeals shall not be received. Impertinent or scandalous matter may be stricken by the Director, or an appeal containing such matter or lacking in specifications may be dismissed. (b) Upon review of the whole record, the Director shall issue a decision or may order further hearing, a new vote, or such further proceedings as he deems appropriate. | |||
| 40:40:31.0.1.1.17.1.3.1 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.10 Applicability; description of the soap manufacturing by batch kettle subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from the operations in which neat soap is produced through saponification of animal and vegetable fats and oils by boiling in kettles. | ||||
| 40:40:31.0.1.1.17.1.3.2 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.11 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart. (b) The term anhydrous product shall mean the theoretical product that would result if all water were removed from the actual product. (c) The term neat soap shall mean the solution of completely saponified and purified soap containing about 20-30 percent water which is ready for final formulation into a finished product. | ||||
| 40:40:31.0.1.1.17.1.3.3 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [39 FR 13372, Apr. 12, 1974, as amended at 60 FR 33952, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. | |||
| 40:40:31.0.1.1.17.1.3.4 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.13 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. | EPA | The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: 1 Within the range 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.17.1.3.5 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.14 Pretreatment standards for existing sources. | EPA | [40 FR 6441, Feb. 11, 1975, as amended at 60 FR 33952, June 29, 1995] | Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.17.1.3.6 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.15 Standards of performance for new sources. | EPA | The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart: 1 Within the range 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.17.1.3.7 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | A | Subpart A—Soap Manufacturing by Batch Kettle Subcategory | § 417.16 Pretreatment standards for new sources. | EPA | [60 FR 33952, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | |||
| 40:40:31.0.1.1.17.10.3.1 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Air—SO3 Sulfation and Sulfonation Subcategory | § 417.100 Applicability; description of the air—SO | EPA | The provisions of this subpart are applicable to discharges resulting from the manufacture of sulfonic acids and sulfuric acid esters by means of sulfation and sulfonation employing air and sulfur trioxide (SO 3 ), in either continuous or batch processes. | ||||
| 40:40:31.0.1.1.17.10.3.2 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Air—SO3 Sulfation and Sulfonation Subcategory | § 417.101 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart. (b) The term anhydrous product shall mean the theoretical product that would result if all water were removed from the actual product. (c) The term surfactant shall mean those methylene blue active substances amenable to measurement by the method described in “Methods for Chemical Analysis of Water and Wastes,” 1971, Environmental Protection Agency, Analytical Quality Control Laboratory, page 131. | ||||
| 40:40:31.0.1.1.17.10.3.3 | 40 | Protection of Environment | I | N | 417 | PART 417—SOAP AND DETERGENT MANUFACTURING POINT SOURCE CATEGORY | J | Subpart J—Air—SO3 Sulfation and Sulfonation Subcategory | § 417.102 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [39 FR 13372, Apr. 12, 1974, as amended at 60 FR 33954, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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subpart TEXT,
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agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);