(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 compliance matrix of §415.129(b) that accounts for all the test requirements of this subpart, including the referenced appendices.

(2) Federal launch range. This provision applies to all sections of this subpart. The FAA will accept a flight safety system used or approved on a Federal launch range without need for further demonstration of compliance to the FAA if:

(i) A launch operator has contracted with a Federal launch range for the provision of flight safety system property and services; and

(ii) The FAA has assessed the Federal launch range, through its launch site safety assessment, and found that the Federal launch range's flight safety system property and services satisfy the requirements of this subpart. In this case, the FAA will treat the Federal launch range's flight safety system property and services as that of a launch operator.

[Docket No. FAA-2000-7953, 71 FR 50537, Aug. 25, 2006, as amended by Amdt. No. 417-5, 81 FR 59439, Aug. 30, 2016]