§ 440.3 Definitions. Cross Reference
Link to an amendment published at 85 FR 79719 , Dec. 10, 2020.
Cross Reference
Link to an amendment published at 89 FR 76728 , Sept. 19, 2024.
Except as otherwise provided in this section, any term used in this part and defined in 51 U.S.C. 50901-50923, or in § 401.5 or § 401.7 of this chapter shall have the meaning contained therein. *Bodily injury* means physical injury, sickness, disease, disability, shock, mental anguish, or mental injury sustained by any person, including death.
*Contractors and subcontractors* means those entities that are involved at any level, directly or indirectly, in licensed or permitted activities, and includes suppliers of property and services, and the component manufacturers of a launch vehicle, reentry vehicle, or payload.
*Customer* means. ( 1 ) Any person: ( i ) Who procures launch or reentry services from a licensee or permittee;
( ii ) With rights in the payload (or any part of the payload) to be launched or reentered by the licensee or permittee, including a conditional sale, lease, assignment, or transfer of rights;
( iii ) Who has placed property on board the payload for launch, reentry, or payload services; or
( iv ) To whom the customer has transferred its rights to the launch or reentry services.
( 2 ) A space flight participant, for the purposes of this part, is not a customer.
*Federal range facility* means a U.S. Government-owned installation at which a launch or reentry takes place.
*Financial responsibility* means capable of satisfying a liability obligation as required by 51 U.S.C Subtitle V, chapter 509.
*First-tier customer* means a customer as defined in this section, and who has a contractual relationship with a license or permit holder to obtain launch or reentry services.
*Government personnel* means employees of the United States, its agencies, and its contractors and subcontractors, involved in launch or reentry services for an activity authorized by an FAA license or permit. Employees of the United States include members of the Armed Forces of the United States.
*Hazardous operations* means activities, processes, and procedures that, because of the nature of the equipment, facilities, personnel, environment involved or function being performed, may result in bodily injury or property damage.
*Liability* means a legal obligation to pay a claim for bodily injury or property damage resulting from a licensed or permitted activity.
*License* means an authorization the FAA issues under this subchapter to launch or reenter a launch or reentry vehicle.
*Licensed activity* means the launch of a launch vehicle or the reentry of a reentry vehicle conducted under a license the FAA issues.
*Maximum probable loss (MPL)* means the greatest dollar amount of loss for bodily injury or property damage that is reasonably expected to result from a licensed or permitted activity; ( 1 ) Losses to third parties, excluding Government personnel and other launch or reentry participants' employees involved in licensed or permitted activities and neighboring operations personnel, that are reasonably expected to result from a licensed or permitted activity are those that have a probability of occurrence of no less than one in ten million.
( 2 ) Losses to Government property and Government personnel involved in licensed or permitted activities and neighboring operations personnel that are reasonably expected to result from licensed or permitted activities are those that have a probability of occurrence of no less than one in one hundred thousand.
*Part 440 customer* means a customer as defined in this section, other than a first-tier customer.
*Permit* means an authorization the FAA issues under this subchapter for the launch or reentry of a reusable suborbital rocket.
*Permitted activity* means the launch or reentry of a reusable suborbital rocket conducted under a permit issued by the FAA.
*Property damage* means partial or total destruction, impairment, or loss of tangible property, real or personal.
*Regulations* mean the Commercial Space Transportation Licensing Regulations codified at 14 CFR Ch. III.
*Third party* means ( 1 ) Any person other than: ( i ) The United States, any of its agencies, and its contractors and subcontractors involved in launch or reentry services for a licensed or permitted activity;
( ii ) A licensee, permittee, and its contractors and subcontractors involved in launch or reentry services for a licensed or permitted activity;
( iii ) A customer and its contractors and subcontractors involved in launch or reentry services for a licensed or permitted activity;
( iv ) A member of a crew; and
( v ) A space flight participant.
( 2 ) Government personnel, as defined in this section, are third parties.
*United States* means the United States Government, including each of its agencies.
[Doc. No. FAA-2005-23449, 71 FR 75632, Dec. 15, 2006, as amended by Amdt. 440-3, 77 FR 20533, Apr. 5, 2012; Doc. No. FAA-2014-1012, Amdt. 440-4, 81 FR 55122, Aug. 18, 2016; Docket No. FAA-2019-0229, Amdt. 437-3, 85 FR 79718, Dec. 10, 2020]