Section 437.21 - [Effective 11/18/2024] GeneralTo obtain an experimental permit an applicant must make the demonstrations and provide the information required by this section.
(a)This subpart. An applicant must provide a program description, a flight test plan, and operational safety documentation as required by this subpart.(b)Other regulations - (1)Environmental - (i)General. The FAA is responsible for complying with the procedures and policies of the National Environmental Policy Act (NEPA) and other applicable environmental laws, regulations, and Executive Orders to consider and document the potential environmental effects associated with proposed reusable suborbital vehicle launches or reentries. An applicant must provide the FAA with information needed to comply with such requirements. The FAA will consider and document the potential environmental effects associated with proposed reusable suborbital vehicle launches or reentries.(ii)Environmental Impact Statement or Environmental Assessment. When directed by the FAA, an applicant must- (A) Prepare an Environmental Assessment with FAA oversight;(B) Assume financial responsibility for preparation of an Environmental Impact Statement by an FAA-selected and -managed consultant contractor; or(C) Submit information to support a written re-evaluation of a previously submitted Environmental Assessment or Environmental Impact Statement.(iii)Categorical exclusion. The FAA may determine that a categorical exclusion determination is appropriate upon receipt of supporting information from an applicant.(iv) Information requirements. An application must include an approved FAA Environmental Assessment, Environmental Impact Statement, categorical exclusion determination, or written re-evaluation covering all planned permitted activities in compliance with NEPA and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA.(2)Financial responsibility. An applicant must provide the information required by part 3 of appendix A of part 440 for the FAA to conduct a maximum probable loss analysis.(3)Human space flight. An applicant proposing to conduct a permitted operation with a space flight participant, crew, or government astronaut on board a reusable suborbital vehicle must demonstrate compliance with §§ 460.5 , 460.7 , 460.11 , 460.13 , 460.15 , 460.17 , 460.51 , 460.53 , 460.59, 460.61, and 460.67 of this subchapter.(c)Use of a safety element approval. If an applicant proposes to use any reusable suborbital vehicle, safety system, process, service, or personnel for which the FAA has issued a safety element approval under part 414 of this chapter, the FAA will not reevaluate that safety element to the extent its use is within its approved scope. As part of the application process, the FAA will evaluate the integration of that safety element into vehicle systems or operations.(d)Inspection before issuing a permit. Before the FAA issues an experimental permit, an applicant must make each reusable suborbital vehicle planned to be flown available to the FAA for inspection. The FAA will determine whether each reusable suborbital vehicle is built as represented in the application.(e)Other requirements. The FAA may require additional analyses, information, or agreements if necessary to protect public health and safety, safety of property, and national security and foreign policy interests of the United States.Docket No. FAA-2006-24197, 72 FR 17019, Apr. 6, 2007, as amended by Doc. No. FAA-2019-0229, Amdt. 437-3, 85 FR 79718, Dec. 10, 2020 85 FR 79718, 3/10/2021; 89 FR 76727, 11/18/2024