Milburn-ArmadilloAerospace 2006

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U.S. Department

o f Transportation Federal Aviation Administration Febrnaiy 24, 2006 Mr. Neil Milburn Annadillo Aerospace 18601 LBJ Freeway, Suite 460 Mesquite, TX 75150 Deai· Mr. Milbmn:

Office of the Chief Counsel

800 Independence Ave., SW.

Washington, DC 20591

You inquired by letter dated Febrnaiy 10, 2006, whether Almadillo Aerospace (Almadillo) requires a license from the Federal Aviation Administration to operate a launch site. This requires an inte1pretation of 14 CFR § 401 .5, which defines operation of a launch site. Your inquiiy consists of two paiis. You inquired whether Almadillo would require a license to operate a launch site if it launched from privately owned sites that had no facilities and was not pe1manent. You also inquired whether Almadillo would requii·e such a license if it were to launch from a prospective licensed launch site. You asked that, in order to avoid delay, the FAA answer either of these questions as soon as an answer was available. The FAA can answer the first question now and will answer the second question in the neai· future. If Almadillo were to use a privately owned site intennittently, and build no infrastrncture, it would be using a temporaiy site and thus not require a license to operate a launch site. If those facts change, the answer may change as well.

Almadillo Aerospace is developing a ve1iical take-off and ve1iical landing rocket. Initially, Almadillo plans to operate under an experiinental pe1mit issued by the FAA. Our understanding is that Almadillo is contemplating launching its vehicle at different sites in Oklahoma, Texas and New Mexico from time to tiine. Almadillo would go to a site as many as two times per month for two or three days. The sites would requii·e no infrastrncture to suppo1i an Almadillo launch. Almadillo would transpo1i its vehicle, fuel, and all personnel and equipment to the proposed site the day of or the day prior to its launches. Almadillo would remove any equipment or material used for the launches iinmediately afte1w ai·ds. Neither Almadillo nor the landowner will prepai·e the site or engage in any pe1manent or temporaiy constrnction. Almadillo plans no pennanent presence, now or in the future. With the exception of Las Crnces International Aiipo1i in New Mexico, the launch sites would not be used by other launch operators. In sho1i, Almadillo would aiTive at each site, launch and leave.

49 U.S.C. Subtitle IX, chapter 701 does not define the operation of a launch site. However, it does define a launch site as "the location on Eaiih from which a launch takes place ... and necessa1y facilities at that location." 49 U.S.C. § 70102(7). To operate a launch site in the United States, a person must have a license. 49 U.S .C. § 70104(a). 14 C.F .R. § 401.5 , of the FA.A's space rnles, defines "operation of a launch site" as "the conduct of approved safety operations at a pe1manent site to suppo1i the launching of vehicles and payloads." When

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promulgating this definition of operation, the Department of Transportation observed that "the operation of a launch site involves continuing operations at a permanent location." Licensing Regulations, 64 Fed. Reg. 11004, 1007 (Apr. 4, 1988). If a person operates a launch site, he or she must obtain a license to do so under 14 CFR part 420.

The FAA understands that there will be no permanent facilities used to support launch activities at any of these locations. The launch site would not be used by any other launch operators. Any equipment Armadillo brings to the site, Armadillo will remove. Armadillo and the landowners will engage in no construction. We also understand that Armadillo will not conduct continuous operations at these facilities, but will leave after each two or three days of launch testing. Accordingly, because the proposed activities lack the necessary indicia of permanence, Armadillo Aerospace does not need to obtain a license for the site’s operation. This interpretation is consistent with previous FAA determinations. For example, Sea Launch, an FAA licensee, does not require a license to operate a launch site because Sea Launch’s launch activities in the Pacific are not permanent. When the launch is over, the platform, personnel and ship leave. No facilities or personnel remain behind. Even though Sea Launch returns to its site again and again, year after year, the FAA does not treat the site as permanent and thus requiring of a license for its operation.

This interpretation does not apply to any of the owners of the launch sites. Any determination regarding their obligations must be made separately upon request by them. We will prepare an answer for your second question regarding prospective licensed launch site operations in the near future.

This interpretation was prepared by Laura Montgomery, Senior Attorney in the Regulations Division of the Office of the Chief Counsel and coordinated with the office of the Associate Administrator for Commercial Space Transportation. We encourage you to contact us if we can be of further assistance.

Sincerely,

Rebecca MacPherson

Assistant Chief Counsel for Regulations