FAA 14 CFR Parts 413 and 437 

Commercial Space Experimental Permit Checklists 

Transportation 

Purpose of the Checklists 

Checklist Sections 

Other Tools 

The FAA Office of Commercial Space Transportation designed these 

checklists to assist experimental permit applicants in the application 

process and to outline permittee responsibilities after receiving a permit. 

The checklists provide organizational guidance for applicants submitting 

a permit application package to the FAA. Prospective applicants should 

read, understand, and cross-reference the complete regulations when 

completing the application package. Some of the regulatory text has 

been rephrased in this checklist for the sake of brevity. Where checklist 

text differs from regulatory text, the regulatory text takes precedence. 

The regulations can be found at AST's website (http://ast.faa.gov). 

Some application requirements include the submitting of information 

that may have been previously submitted to meet an earlier requirement. 

For simplicity, the applicant may reference the previously submitted 

information where applicable. 

The Experimental Permit checklist has two parts: Application checklist 

and Permittee checklist. 

Application checklist describes which sections of parts 413 and 437 you 

must demonstrate compliance with, as well as describes the parts that 

you must address in the application. 

Permittee checklist describes the responsibilities of a permittee when 

launching or reentering a reusable suborbital rocket. 

Use this checklist in conjunction with other tools, such as the Sample 

Experimental Permit Application, Advisory Circulars, and other 

guidance documents that the FAA Office of Commercial Space 

Transportation also provides. 

Page I of20 

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APPLICATION CHECKLIST 

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Section Detailed Requirements 

413.5 Pre-application 

Consultation 

A prospective applicant must consult with the FAA before 

submitting an application to discuss the application process and 

possible issues relevant to the FAA's licensing or permitting 

decision. 

2 413.7(a) Application Form 

An application must be: 

•p In writingp

•p In Englishp

•p Filed in duplicate with the Federal Aviation

Administration, Associate Administrator for Commercialp

Space Transportation, Room 331, 800 Independencep

Avenue, SW., Washington, DC 20591. Attention:p

A lication Review.p

3 413.7(b) Application

Identification 

An application must identify the folJowing: 

•p The name and address of the applicant;

•p The name, address, and telephone number of any personp

to whom inquiries and correspondence should be 

directed; and 

•p The type of license or permit for which the applicant isp

a !yin .p

An application must be legibly signed, dated, and certified as true, 

complete, aud accurate by one of the folJowing: 

•p For a corporation: An officer or other individual

authorized to act for the corporation in licensing or

4 413.7(c) 

Application Signature 

and Certification of 

Accuracy 

permitting matters.p

•p For a partnership or a sole proprietorship: A generalp

partt1er or proprietor, respectively.

•p For ajoint venture, association, or other entity: Anp

officer or other individual authorized to act for the jointp

venture, association, or other entity in licensing orp

ermittin matters. 

5 413.7(d)

437.2l(c) 

Application Safety 

Approval 

If you propose to include an element for which the FAA issued a 

safety approval under 14 CFR §414 in the proposed license 

activity, yon must-

•p Ideutify the safety approval in the application and explain

the proposed use of the element.p

•p Show that the proposed use of the element is consistent

with the designated scope specified in the safetyp

approval.

•p Certify that the element wiJI be used according to any

terms and conditions of the issued safety a roval.p

6 413.7(e) 

Application 

Measurement system 

consistency 

For each analysis included in the application and permitting 

information, you must employ a consistent measurement system, 

whether English or metric. 

14 CFR Parts 413 and 437 

Application - Checklist 

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Item 

# 

Section Applicant ✓ Detailed Requirements Number Reauirement

(a)eAny person furnishing information or data to the FAA maye

request in writing that trade secrets or proprietary commercial or

financial data be treated as confidential. The request must be madee

at the time the information or data is submitted, and state thee

period of time for which confidential treatment is desired.e

(b)eInformation or data for which you request confidentiality muste

be clearly marked with an identifying legend, such as "Proprietarye

Infonnation,'' ''Proprietary Commercial Information," "Trade

Secret," or "Confidential Treatment Requested." Where thise

marking proves impracticable, a cover sheet with the identifyinge

7 legend securely attached to the compilation of information or datae 413.9 Confidentiality for which you request confidential treatment.e

(c) If you request that previously submitted information or data bee

treated confidentially, the FAA will do so to the extent practicablee

in light of any prior distribution of the information or data.e

(d)eInformation or data for which you request confidentiale

treatment has been requested or information or data that qualifiese

for exemption under section 552(b)(4) of Title 5, United Statese

Code, will not be disclosed to the public unless the Associatee

Administrator determines that the withholding of the informatione

or data is contrary to the oublic or national interest.e

The FAA will initially screen an application to determine whethere

it is complete enough for the FAA to start its review. Aftere

completing the initial screening, the FAA will notify you ine

writing of one ofthe following:e • The FAA accepts the application and will initiate the 

Acceptance of an reviews required to make a decision about the permit; or 8 413.11 Application • The application is so incomplete or indefinite that the 

FAA cannot start to evaluate it. The FAA will reject it 

and notify you, stating each reason for rejecting it and 

what action you must take for the FAA to accept the 

application. The FAA may return a rejected application to 

you or may hold it until you take the reauired actions. 

14 CFR Parts 413 and 437 

Application - Checklist 

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Detailed Requirements 

437.23(a) Vehicle Specifications Provide: 

•e Dimensioned 3-view drawings or photographs of thee

9 reusable suborbital rockete

•e Gross liftoff weight (GLOW)e

•e Thrust Profile of the reusable suborbital rockete

437.23(b)(l) Reusable suborbital 

rocket system 

Describe all reusable suborbital rocket systems, including: 

•e Structuree

descriptions •e Flight controle

•e Thermale

• Pneumatic

•e Hydraulice

•e Propulsion

•e Electricale

•e Environmental controle

•e Software and computing systemse • Avionics

• Guidance s stems

437.23(b)(2-5) Other necessary 

descriptions of vehicle 

Describe: 

•e Types and quantities of all propellants used in thee

reusable suborbital rockete

11 

•e Types and quantities of any hazardous materials used ine

the reusable suborbital rockete

•e Purpose for which the reusable suborbital rocket is to bee

flowne

•e Each ayload or ayload class Ianned to be flowne

437.23(c) Foreign Ownership Identify any foreign ownership as follows: 

•e For a sole proprietorship or partnership, identify alle

12 

foreign ownershipe

•e For a corporation, identify any foreign ownershipe

interests of 10% or moree

•e For a joint venture, association, or other entity, identifye

any artici ating foreign entities .· �--!

""- :...:.

13 437.25(a) Flight Test Plan Describe any flight test program, including estimated number of 

flights and key fli ht safety events. 

437.25(b-c) Operating Area Identify aud describe the geographic coordinates of the bouudaries 

of one or more proposed operating areas where it plans to perform 

its flights and that satisfy §437.57(b) of subpart C. (*The FAA 

may designate one or more exclusion areas in accordance with 

§437.57(c) of subpart C)e

For each operating area, provide the planned maximum altitude of 

the reusable suborbital rocket 

14 437.57(b) Operating area 

containment 

An operating area must: 

•e Be large enough to contain each planned trajectory ande

all expected vehicle dispersionse

•e Contain enough unpopulated or sparsely populated areae

to perform key flight-safety events as required bye

§437.59e

•e Not contain or be adjacent to a densely populated area ore

large concentrations of members of the publice

•e Not contain or be adjacent to significant automobilee

traffic, railway traffic, or waterborne vessel traffice

14 CFR Parts 413 and 437 

Application - Checklist 

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Item 

# ✓ Section

Number

Applicant 

Re uirernent Detailed Requirements 

437.57(c)a Operating area The FAA may prohibit' a reusable suborbital rocket's 

containment continued instantaneous impact point from traversing certain areas within an 

operating area by designating one or more areas as exclusion 

areas, if necessary to protect public health and safety, safety of 

15 property, or foreign policy or national security interests of the U.S. 

An exclusion area may be confined to a specific phase of flight. 

Exclusion areas: (space for you to make notes) 

!. ________ _ 2. 

�. 

437.27 Pre-flight and post­ Demonstrate how you will meet the requirements of §437.53(a-b) 

16 flight operations to establish a safety clear zone and verify that the public is outside 

that zone before and during hazardous o erations. 

437.53(a-b) Pre/Post flight You must protect the public from adverse effects of hazardous 

operations operations and systems in preparing a reusable suborbital rocket 

for flight at a launch site in the U.S. and returning the reusable 

suborbital rocket and any support equipment to a safe condition 

17 after flight. At a minimum, a permittee must: 

•a Establish a safety clear zone that will contain the adversea

effects of each operation involving a hazarda

•a Verify that the public is outside of the safety clear zonea

before and dnrin any hazardous o erationa

18 

437.29 Hazard analysis You must: 

•a Perform a hazard analysis that complies with §437.SS(a)a

•a Provide to the FAA all results of each step of the hazarda

analysis re uired by §437.29 a of this sectiona

437.SS(a)(I)a Hazard analysis - Identify and characterize each of the hazards and assess the risk to 

Identifying Hazards public health and safety and the safety of property resulting from 

each permitted flight. This hazard analysis must: 

Identify and describe hazards including, but not limited to, each of 

those that result from: • Component, subsystem, or system failures or faults • Software errors • Environmental conditions • Human factors • Design inadequacies • Procedural deficiencies 

437.55(a)(2) Hazard analysis - Hazard analysis must determine the likelihood of occurrence and 

Likelihood of consequences for each hazard before risk elimination or 

Occurrence mitigation. 

437.55(a)(3) Hazard analysis - Risk Hazard analysis ensures that the likelihood and consequence of 

Elimination and each hazard meet the following criteria through risk elimination 

Mitigation and mitigation measures as follows: 

The likelihood of any hazardous condition that may cause death or 

serious injury to the public must be extremely remote. 

The likelihood of any hazardous condition that may cause the 

following must be remote: 

•a Major property damage to the publica

•a Major safety critical system damage or reduced capabilitya • A significant reduction in safety margins, or • A significant increase in crew workload must be remote

14 CFR Parts 413 and 437 

Application - Checklist 

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Item Section Applicant ✓ Detailed Requirements # Number Requirement 

437.55(a)(4)a Hazard analysis - Hazard analysis must identify and describe the risk elimination 

Desaiption of Risk and mitigation measures required to satisfy §437.55(a)(3). The 

measures must include one or more of the following: • Designing for minimum riska • Incorporating safety devicesa • Providing waining devices, or • Implementing Procedures and traininga

437.55(a)(5) Hazard analysis - Hazard analysis must demonstrate that the risk elimination and 

Demonstration of Risk mitigation measures achieve the risk levels of paragraph 

§437.55(a)(3)(i) through validation and verification. Verificationa

includes: • Test dataa • Inspection resultsa • Analysisa

437.31(a) Verification of Identify, describe, and provide verification evidence of the 

Operating Area methods and systems used to meet the requirement of §437.57(a) 

Containment to contain its reusable suborbital rocket's instantaneous impact 

point within an operating area and outside any exclusion area. 

The description must include, at a minimum: • Proof of physical limits on the ability of the reusablea

suborbital rocket to leave the operating area, or 19 • Abort procedures and other safety measures derived froma

a system safetv ernzineerirn;,: nrocess

437.57(a) Operating Area During each permitted flight, a pennittee must contain its reusable 

Containment suborbital rocket's instantaneous impact point within an operating 

area detennined in accordance with paragraph §437.57(b) and 

outside with any exclusion area defined by the FAA in accordance 

with paragraph §437.57(c) of this section. 

437.31(b) Verification of Key Identify, describe, and provide verification evidence of the 

Flight-Safety Event methods and systems used to meet the requirements of §437.59 to 

Limitations conduct any key flight-safety event so that the reusable suborbital 

rocket's instantaneous impact point, including it's expected 

dispersions is: • Over unpopulated or sparsely populated areas, anda • Conduct each reusable suborbital rocket flight so that thea

reentry impact point does not loiter over a populated areaa

20 437.59(a) Key Flight Safety Event Conduct any key flight safety event so that the reusable suborbital 

Limitations rocket's instantaneous impact point, including its expected 

dispersion, is over an unpopulated or sparsely populated area. At 

a minimum, a key flight safety event includes: • Ignition of any primary rocket enginea • Any staging eventa • Any envelope expansiona

437.59(b) Key Flight Safety Event Conduct each reusable suborbital rocket flight so that the reentry 

Limitations impact point does not loiter over a POPUiated area. 

437.33 Landing and Impact Demonstrate that each location for nominal landing or any 

Point contingency abort landing of the reusable suborbital rocket, and 21 each location for any nominal or contingency impact or landing of 

a component of that rocket, satisfies §437.61. 

14 CFR Parts 413 and 437 

Application - Checklist 

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Item 

# 

Section Applicant ✓ Detailed Reqnirements Number Reauirement 

437.61 Landing and Impact For a nominal or any contingency abort landing of a reusable 

Locations suborbital rocket, or for any nominal or contingency impact or 

landing of a component of that rocket, a permittee must use a 

location that is: • Big enough to contain an impact, including debrise

dispersion upon impact, ande • At the time oflanding or impact, does not contain anye

members of the publice

437.35 Agreements Enter into the agreements required by §437.63, and provide a copy 

to the FAA. 

437.63(a) Agreements - Other You must have an agreement in writing with a Federal launch 

Entities Involved in a range operator, a licensed launch site operator, or any other party 

Launch or Reentry that provides access to or use of property and services required to 

sunnort the safe launch or reentry m1der a permit. 

437.63(b) Agreements - Other Unless otherwise addressed in agreements with a licensed launch 

Entities Involved in a site operator or a Federal launch range, you must have an 

22 

Launch or Reentry agreement in writing with the following: • For overflight of navigable water, a written agreemente

between the applicant and the local U.S. Coast Guard

district to establish procedures for issuing a Notice toe

Mariners before a permitted flighte • A written agreement between the applicant ande

responsible Air Traffic Control authority havinge

jurisdiction over the airspace through which a permittede

launch or reentry is to take place, for measures necessary

to ensure that safety of aircraft. The agreement must, at ae

minimum, demonstrate satisfaction of §437.69(a) ande

. §437.71(d)e

437.37 Tracking Identify and describe each method or system used to meet the 

trackin> reauirements of §437.67 

437.67 Tracking - Data You must: 

• 23 Measure in real time the position and velocity of itse

reusable suborbital rocket during a permitted flight, ande • Provide position and velocity data to the FAA for postflight usee

24 437.39 Fli2ht rules Provide flight rules as required by §4 3 7. 71 

437.71(a) Flight rules Before initiating rocket-powered flight, you must confirm that all 

systems and operations necessary to ensme that safety measures 

derived from §§437.55, 437.57, 437.59, 437.61, 437.63, 437.65, 

437.67, and 436.69 are within acceptable limits. 

437.7le(b) Flight rules During all phases of flight, you must: • Follow flight rules that ensure compliance withe

§§437.55, 437.57, 437.59, and 437.61, ande • Abort the flight if it would endanger the publice

437.7l(c) Flight rules Do not operate a reusable suborbital rocket in a careless or 

reckless manner that would endanger any member of the public 

during any nhase of flight. 

437.7l(d) Flight rules Do not operate a reusable suborbital rocket in areas designated in 

a Notice to Airmen nnder 14 CFR §§91.137, 91.138, 91.141, or 

91.145, unless authorized by: • Air Traffic Control • A Flight Standards Certificate of Waiver or Authorization 

14 CFR Parts 413 and 437 

Application - Checklist 

Page 8 of20 

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Item Section Applicant ✓ # Number Re uirement Detailed Requirements 

437.7l(e)e Flight rules For any phase of flight where you operate a reusable suborbital 

rocket like an aircraft in the National Airspace System, you must 

comply with the provisions of 14 CPR §91 specified in the 

ex erimental ermit issued. 

437.41 Mishap response plan Provide a mishap response plan that meets the requirements of 

§437.75 be

437.75(b)(l) Response Requirements If a mishap occurs you must innnediately: • Ensure the consequences of the mishap are contained and

25 

minimized

•e Ensure data and hysical evidence are reservede

437.75(b)(2) Response Reports If a mishap occurs you must report to and cooperate with FAA and 

National Transportation Safety Board (NTSB) investigations and 

designate one or more oints of contact for the FAA or NTSB. 

437.75(b)(3) Preventive Measures Identify and adopt preventive measures for avoiding a recurrence 

of the event. 

Provide enough information for the FAA to analyze the 

environmental impacts associated with proposed reusable 

suborbital rocket launches or reentries. 

26 The information provided must be sufficient to enable the FAA to 

comply with the requirements of the National Enviromnental Act 

(NEPA- 42 U.S.C. 4321 et seq.) and the Council on 

Environmental Quality Regulations for Implementing the 

Procedural Provisions of the NEPA, 40 CPR arts 1500-1508 

28 

Human Space Flight 

(part 460) 

If you propose launch or reentry with flight crew or space flight 

participant( s) on board a reusable suborbital rocket you must 

demonstrate compliance with the following parts also found in the 

Human Space Flight checklist: 

•e §460.5e

•e §460.7e

•e §460.11e

•e §460.13e

•e §460.15e

•e §460.17e

•e §460.51e

•e §460.53e , .. ,, ..,_ - " "

29 

437.2l(d) Inspection Before 

Issuing a Permit 

Before the FAA issues an experimental permit, you must make 

each reusable suborbital rocket planned to be flown available to 

the FAA for inspection. 

The FAA will determine whether each reusable suborbital rocket 

is built as re resented in your a lication. 

14 CFR Parts 413 and 437 

Application - Checklist 

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RESPONSIBILITES OF 

PERMITTEE CHECKLIST 

Page 10 of20 

Version 1.6 

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Item ✓

# 

Permittee Detailed Requirements 

437.89(a) Not later than 30 days before each flight or series of flights 

conducted under an experimental permit, you must provide the 

FAA with the following inf01mation: 

•e Any payload to be flown, including any payloade

operations during the flighte

•e When the flight or series of flights are plannede

•e The operating area for each flighte

•e The lanned maximum altitude for each flighte

437.89(b) Pre-flight reporting Not later than 15 days before each permitted flight planned to 

2 reach greater than 15 0 km altitude, you must provide the FAA 

your lanned trajectory for a collision avoidance analysis. 

437.65(a) Collision Avoidance For a permitted flight with a planned maximum altitude greater 

Analysis than 150 km, you must obtain a collision avoidance analysis from 

U.S. Strategic Command. 

437.65(b) Collision Avoidance The collision avoidance analysis must establish each period during 

Analysis which a permittee may not initiate flight to ensnre that a permitted 

3 vehicle and any jettisoned components do not pass closer than 

200 km to a manned or mannable orbital object. 

A distance of less than 200 km may be nsed if the distance 

provides an equivalent level of safety, and if the distance accounts 

for all uncertainties in the anal sis. 

437.69 Communications You must: 

4 

437.5 a 

5 

437.51 (b-c) 

:�7(�!ilf���:�1�:t:£:;: __ 437.55(5)(b-c) 

6 

Rest Ru es - Ve ice 

Safety Operations 

Personnel 

Rest Rules - Vehicle 

Safety Operations 

Personnel 

... -·· - :,� i �-c 

Hazard analysis 

•e Be in communication with Air Traffic Control during alle

phases of flight, ande

•e Record communications affecting the safety of the fli ht 

��12-Y. 

You must ensure that all vehicle safety operations personnel 

adhere to the work and rest standards in this section during 

permitted activities. 

No vehicle safety operations personnel may work more than: 

•e 12 consecutive hourse

•e 60 hours in the 7 days preceding a permitted activitye

•e 14 consecutive work dayse

All vehicle safety operations personnel must have at least 8 hours 

of rest after 12 hours of work 

All vehicle safety operations personnel must receive a minimum 

48 hour rest eriod after 5 consecutive days of 12 hour shifts - 1•J�•r•Wi���;Jt 

You must carry out the risk elimination and mitigation measures 

derived from its hazard analysis, and ensure the continued 

accuracy and validity of yonr hazard analysis throughout the term 

of your ermit 

14 CFR Part 437 

Responsibilities of Permittee - Checklist 

Page 11 of20 

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14 CFR Part 437 

Responsibilities of Permittee - Checklist 

Item Section Permittee ✓ Detailed Requirements # Number Reauiremeut 

437.7l(a) Flight rules Before initiating rocket-powered flight, yon must confirm that all 

systems and operations necessary to ensure that safety measures 

derived from §§437.55, 437.57, 437.59, 437.61, 437.63, 437.65, 

437.67, and 436.69 are within acceotable limits. 

437.7l(b) Flight rules During all phases of flight, you must: • Follow flight rules that ensure compliance withe

§§437.55, 437.57, 437.59, and 437.61, ande

. • Abo1t the flight if it would endanger the publice

437.71(c) Flight rules Do not operate a reusable suborbital rocket in a careless or 

reckless manner that would endanger any member of the public 

during any phase of flight. 

437.7l(d) Flight rules Do not operate a reusable suborbital rocket in areas designated in 

a Notice to Airmen under 14 CFR §§91.137, 91.138, 91.141, or 

91. 145, unless authorized by: • Air Traffic Controle • A Flight Standards Certificate of Waiver or Authorizatione

91.137(a) Temporary Flight The Administrator will issue a Notice to Airmen (NOT AM) 

Restrictions - Vicinity designating an area within which temporary flight restrictions 

of Disaster/Hazard apply and specifying the hazard or condition requiring their 

Areas imposition, whenever he determines it is necessary in order to: • Protect persons and property on the surface or in the aire

7 from a hazard associated with an incident on the surface;e • Provide a safe environment for the operation of disastere

relief aircraft; ore • Prevent an unsafe congestion of sightseeing and othere

aircraft above an incident or event which may generate ae

high degree of public interest.e

(Space left for your notes) 

Hazard identified: 

91.137(b) Temporary Flight The Notice to Airmen will specify the hazard or condition that 

Restrictions·- Vicinity requires the imposition of temporary flight restrictions. When a 

of Disaster/Hazard NOT AM has been issued under 91.137(a)(l), no person may 

Areas operate an aircraft within the designated area unless that aircraft 

1s: • Participating in the hazard relief activities ande • Being operated under the direction of the official ine

charge of on scene emergency response activities.e

(Space lefi for your notes.) 

NOT AM Identifier: 

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Item Section Permittee ✓ Detailed Requirements # Number Requirement 

91.137(c) Temporary Flight When a NOT AM has been issued under 91.137(a)(2), no person 

Restrictions - Vicinity may operate an aircraft within the designated area unless at least 

of Disaster/Hazard one of the following conditions are met: 

Areas • The aircraft is participating in hazard relief activities and

is being operated under the direction of the official in

charge of on scene emergency response activities.e • The aircraft is carrying law enforcement officials .e • The aircraft is operating under the A TC approved !FR

flight plan.e • The operation is conducted directly to or from an airporte

within the area, or is necessitated by the impracticability

of VFR flight above or around the area due to weather, ore

terrain; notification is given to the Flight Service Statione

(FSS) or ATC facility specified in the NOTAM to receivee

advisories conce1ning disaster relief aircraft operations;e

and the operation does not hamper or endanger relief

activities and is not conducted for the purpose of

observing the disaster.e • The aircraft is carrying properly accredited newse

representatives, and, prior to entering the area, a flight

plan is filed with the appropriate FAA or ATC facility

specified in the Notice to Airmen and the operation is

conducted above the altitude used by the disaster relief

aircraft, unless otherwise authorized by the official in

charge of on scene emergency response activities.e 7 91.137(d) Temporary Flight When a NOT AM has been issued under 91.137(a)(3), no persone

Restrictions - Vicinity may operate an aircraft within the designated area unless at least 

of Disaster/Hazard one of the following conditions is met: 

Areas • The operation is conducted directly to or from an airporte

within the area, or is necessitated by the impracticabilitye

ofVFR flight above or around the area due to weather ore

terrain, and the operation is not conducted for the purpose

of observing the incident or event • The aircraft is operating under an A TC approved !FRe

flight plan. • The aircraft is carrying incident or event personnel, ore

law enforcement officials.e • The aircraft is canying properly accredited news

representatives and, prior to entering that area, a flighte

plan is filed with the appropriate FSS or A TC facilitye

specified in the NOT AM.e

91.137(e) Temporary Flight Flight plans filed and notifications made with an FSS or A TC 

Restrictions - Vicinity facility under this section shall include the following information: • of Disaster/Hazard Aircraft identification, type and color.e

Areas • Radio communications frequencies to be used.e • Proposed times of entry of, and exit from, the designatede

area. • Name of news media or organization and purpose ofe

flight. • Any other information requested by ATC .e

14 CFR Part 437 

Responsibilities of Permittee - Checklist 

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Item Section Permittee ✓ Detailed Requirements # Number Requirement 

91.138(a) Temporary Flight When the Administrator has determined, pursuant to a request and 

Restrictions - National justification provided by the Governor of the State of Hawaii, or 

Disaster Areas in the the Governor's designee, that an inhabited area within a declared 

State of Hawaii national disaster area in the State of Hawaii is in need of 

protection for humanitarian reasons, the Administrator will issue a 

Notice to Airmen (NOT AM) designating an area within which 

tempora1y flight restrictions apply. The Administrator will 

designate the extent and duration of the temporary flight 

restrictions necessary to provide for the protection of persons and 

oronertv on the surface. 

91.138(b) Temporary Flight When a NOTAM has been issued in accordance with §91.138, no 

Restrictions - National person may operate an aircraft within the designated area unless at 

Disaster Areas in the least one of the following conditions is met: 

State • of Hawaii That person has obtained authorization from the officiale

in charge of associated emergency or disaster reliefe

response activities, and is operating the aircraft under the

conditions of that authorization.e • The aircraft is carrying law enforcement officials .e • The aircraft is canying persons involved in an emergency

or a legitimate scientific pmpose. • The aircraft is ca1Tying properly accredited newspersons,e 7 and that prior to entering the area, a flight plan is filede

with the appropriate FAA or ATC facility specified in thee

NOTAM and the operation is conducted in compliancee

with the conditions and restrictions established by thee

official in charge of on-scene emergency responsee

activities. • The aircraft is operating in accordance with an ATCe

clearance or instruction.

9l.138(c) Temporary Flight A NOT AM issued under §91.138 is effective for 90 days or until 

Restrictions - National the national disaster area designation is terminated, whichever 

Disaster Areas in the comes first, unless terminated by notice or extended by the 

State of Hawaii Administrator at the request of the Governor of the State of 

Hawaii or the Governor1

s designee. 

91.141 Flight Restrictions in No person may operate an aircraft over or in the vicinity of any 

the Proximity of the area to be visited or traveled by the President, the Vice President, 

Presidential and other or other public figures contrary to the restrictions established by 

parties the Administrator and published in a Notice to Airmen (NOTAM). 

(Space left for your notes.) 

Restriction: 

14 CFR Part 437 

Responsibilities of Permittee - Checklist 

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Item Section Permittee ✓ Detailed Requirements # Number Requirement 

91.145(a) Management of Aircraft The FAA will issue a Notice to Airmen (NOTAM) designating an 

Operations - Vicinity of area of airspace in which a temporary flight restriction applies 

Aerial Demonstrations when it determines that a temporary flight restriction is necessary 

and Major Sporting to protect persons or property on the surface or in the air, to 

Events maintain air safety and efficiency, or to prevent the unsafe 

congestion of aircraft in the vicinity of an aerial demonstration or 

major sporting event. These demonstrations and events may 

include: • United States Naval Flight Demonstration Team (Bluea

Angels); • United States Air Force Air Demonstration Squadrona • (Thunderbirds); • United States Army Parachute Team (Golden Knights);a • Summer/Winter Olympic Games;a • Annual Tournament of Roses Football Game;a • World Cup Soccer;a • Major LeagueBaseball All-Star Game;a • World Series;a • Kodak Albuquerque International Balloon Fiesta;a • Sandia Classic Hang Gliding Competition;a • Indianapolis 500 Mile Race;a • Any other aerial demonstration or sporting event the FAAa

determines to need a temporary flight restriction ina 7 accordance with §91.145(b).a

91.145(b) Management of Aircraft In deciding whether a temporary flight restriction is necessary for 

Operations - Vicinity of an aerial demonstration or major spo1iing event not listed in 

Aerial Demonstrations §91.145(a), the FAA considers the following factors:

and Major Sporting • Area where the event will be held.a

Events • Effect flight restrictions will have on known aircrafta

operations. • Any existing A TC airspace traffic managementa

restrictions. • Estimated duration of the event.a • Degree of public interest.a • Number of spectators .a • Provisions for spectator safety .a • Number and types of participating aircraft.a • Use of mixed high and low performance aircraft.a • Impact on non-participating aircraft.a • Weather minimums . • Emergency procedures that will be in effect.a

91.145(c) Management of Aircraft A NOTA)VI issued under §91.145 will state the name of the aerial 

Operations - Vicinity of demonstration or sporting event and specify the effective dates and 

Aerial Demonstrations times, the geographic features or coordinates, and any other 

and Major Sporting restrictions or procedures governing flight operations in the 

Events designated airsoace. 

14 CFR Part 437 

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Responsibilities of Permittee - Checklist 

Item Section Permittee ✓ Detailed Requirements # Number Reauirement 

91.145(d) Management of Aircraft When a NOT AM has been issued in accordance with §91.145, no 

Operations - Vicinity of person may operate an aircraft or device, or engage in any activity 

Aerial Demonstrations within the designated airspace area, except in accordance with the 

and Major Sporting authorizations, terms, and conditions of the temporary flight 

Events restriction published in the NOT AM, unless otherwise authorized 

by: • Air traffic control; ore • A Flight Standards Certificate of Waiver or Authorizatione

issued for the demonstration or event.e

91.145(e) Management of Aircraft For the purpose §91.145(e): 

Operations • - Vicinity of Flight restricted airspace area for an aerial

Aerial Demonstrations demonstration --The amount of airspace needed toe

and Major Sporting protect persons and property on the surface or in the air,e

Events to maintain air safety and efficiency, or to prevent thee

unsafe congestion of aircraft will vary depending on thee

aerial demonstration and the factors listed in §91.145(b).e

The restricted airspace area will normally be limited to ae

5 nautical mile radius from the center of thee

demonstration and an altitude of 17000 above mean seae

level (for high performance aircraft) or 13000 feet abovee

the surface (for certain parachute operations), but will bee

no greater than the minimum airspace necessary fore

managing of aircraft operations in the vicinity of thee

specified area.e • Flight restricted area for a major sporting event --Thee

7 amount of airspace needed to protect persons ande

property on the surface or in the air, to maintain air safetye

and efficiency, or to prevent the unsafe congestion ofe

aircraft will vary depending on the size of the event ande

the factors listed in §91.145(b). The restricted airspacee

will normally be limited to a 3 nautical mile radius frome

the center of the event and 2500 feet above the surfacee . but will not be greater than the minimum airspacee

necessary for the management of aircraff operations ine

the vicinity of the specified area.e

91.145(!) Management of Aircraft A NOTAM issued under §91.145 will be issued at least 30 days in 

Operations - Vicinity of advance of an aerial demonstration or a major sporting event, 

Aerial Demonstrations unless the FAA finds good cause for a shorter period and explains 

and Major Sporting this in the NOT AM. 

Events 

91.145(g) Management of Aircraft When warranted, the FAA Administrator may exclude the 

Operations - Vicinity of following flights from the provisions of §91.145: 

Aerial Demonstrations • Essential military.e

and Major Sporting • Medical and rescue.e

Events • Presidential and Vice Presidential.e • Visiting heads of state .e • Law enforcement and security .e • Public health and welfare .e

437.7l(e) Flight rules For any phase of flight where you operate a reusable suborbital 

rocket like an aircraft in the National Airspace System, you must 

comply with the provisions of 14 CFR �91. 

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14 CFR Part 437 

Responsibilities of Permittee - Checklist 

Item 

# 

✓ Section

Number

Permittee 

Re uirement Detailed Requirements 

437.77 Additional Safety The FAA may impose additional safety requirements on an 

Requirements applicant or pennittee proposing an activity with a hazard not 

otherwise addressed in this part. This may include a toxic hazard 

or the use of solid propellants. 

8 The FAA may also require the pennittee to conduct additional 

analyses of the cause of any anomaly and corrective actions. 

Additional requirements: (Space left for your notes.) 

I. 

2. 

Anomaly recording, 

reporting and •e Record each anomaly that affects a safety-critical system,e

implementation of 

corrective actions 

subsystem, process, facility, or support equipmente

•e Identify all root causes of each anomaly, and implemente

9 all corrective actions for each anomalye

•e Report to the FAA any anomaly of any system that ise

necessary for complying with §§437.55(a)(3), 437.57,e

and 437.59, and must report the corrective action for eache

reported anomalye

•e Im lement each corrective action before the next flighte

437.75(a)(l) Reporting - Mishaps Immediately notify the FAA Washington Operations Center if 

that are: there is a launch or reentry accident or incident or a mishap that 

•e Accidente involves a fatality or serious injury, as defined in 49 CFR 830.2 

10 •e Incidente

•e Involve ae

Fatality ore

Serious 1n·urye

437.75(a)(2) Reporting - All Other Notify the FAA's Office of Commercial Space Transportation 

11 Mishaps (AST) within 24 hours if there is a mishap that does not involve a 

fatality or serious in·ury, as defined in 49 CFR §830.2 

830.2 Definition - Aircraft Aircraft accident means an occurrence associated with the 

Accident operation of an aircraft which takes place between the time any 

person boards the aircraft with the intention of flight and all such 

persons have disembarked, and in which any person suffers death 

or serious injury, or in which the aircraft receives substantial 

dama e. 

830.2 Definition - Civil Civil aircraft means any aircraft other than a public aircraft. 

Aircraft 

830.2 Definition- Fatal Fatal injury means any injury which results in death within 30 

Injury days of the accident Incident means an occurrence other than an 

accident, associated with the operation of an aircraft, which affects 

or could affect the safety of o orations. 

830.2 Definition - Operator Operator means any person who causes or authorizes the operation 

of an aircraft, such as the owner, lessee; or bailee of an aircraft. 

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Responsibilities of Permittee - Checklist 

Item Section Permittee ✓ Detailed Requirements # Number Reauirement 

830.2 Definition - Public Public aircraft means an aircraft used only for the United States 

Aircraft Government, or an aircraft owned and operated ( except for 

commercial purposes) or exclusively leased for at least 90 

continuous days by a government other than the United States 

Government, including a State, the District of Columbia, a 

tenitory or possession of the United States, or a political 

subdivision of that government. "Public aircraft" does not include 

a govelTllllent-owned aircraft transporting property for commercial 

purposes and does not include a government-owned aircraft 

transporting passengers other than: transporting ( for other than 

commercial purposes) crewmembers or other persons aboard the 

aircraft whose presence is required to perfonn, or is associated 

with the performance of, a governmental function such as 

firefighting, search and rescue, law enforcement, aeronautical 

research7 or biological or geological resource management; or 

transporting (for other than commercial purposes) persons aboard 

the aircraft if the aircraft is operated by the Armed Forces or an 

intelligence agency of the United States. Notwithstanding any 

limitation relating to use of the aircraft for commercial purposes, 

an aircraft shall be considered to be a public aircraft without 

regard to whether it is operated by a unit of government on behalf 

of another unit of government pursuant to a cost reimbursement 

agreement, if the unit of government on whose behalf the 

operation is conducted certifies to the Administrator of the Federal 

Aviation Administration that the operation was necessary to 

respond to a significant and imminent threat to life or property 

(including natural resources) and that no service by a private 

operator was reasonably available to meet the threat. 

830.2 Definition - Serious Serious injury means any injury which: 

Injury • Requires hospitalization for more than 48 hours,e

commencing within 7 days from the date of the injurye

was received • Results in a fracture of any bone ( except simple fracturese

of fingers, toes, or nose) • Causes severe hemorrhages, nerve, muscle, or tendon

damage • Involves any internal organe • Involves second- or third-degree bmns, or any burns

affecting more than 5 percent of the body surface.e

830.2 Definitions - Substantial damage means damage or failure which adversely 

Substantial Damage affects the structural strength, performance, or flight 

characteristics of the aircraft, and which would normally require 

major repair or replacement of the affected component. Engine 

failure or damage limited to an engine if only one engine fails or is 

damaged, bent fairings or cowling, dented skin, small punctured 

holes in the skin or fabric, ground damage to rotor or propeller 

blades, and damage to landing gear, wheels, tires, flaps, engine 

accessories, brakes, or wingtips are not considered ''substantial 

damage" for the oumose of this oart. 

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Item Section Permittee ✓ Detailed Requirements # Number Requirement 

437.75(a)(3) Reporting Submit within 5 days of the event a written preliminary report to • Accident the FAA/ AST if there is a launch or reentry accident or incident • Incidente during a permitted flight 

Report must identify the event as a launch or reentry accident or 

incident and must include: • The date and time of occurrencee • A description of the event and sequence of eventse

leading to the launch or reentry accident, or launch ore

reentry incident, to the extent known • The intended and actual location of launch or reentry,e 12 including landing or impact on Earthe • A description of any payloade • The number and general description of any fatalities ande

injuries • Property damage, if any, and an estimate of its valuee • A description of any hazardous materials involved in thee

event, whether on the reusable suborbital rocket or one

the grounde • Action taken by any person to contain the consequencese

of the evente • Weather conditions at the time of the evente

437.75(b)(l) Response Immediately ensure the consequences of a mishap are contained 

and minimized and ensure data and physical evidence are 

preserved. 

437.75(b)(2) Response Report to and cooperate with FAA and National Transportation 13 ' Safety Board (NTSB) investigations and designate one or more 

Points of contact for the FAA or NTSB. . 

437.75(b)(3) Response Identify and adopt preventive measures for avoiding a recurrence 

of the event. 

437.75(c) Investigation You must: • Investigate the root cause of an event described in

437.75(a) • Report investigation results to the FAA upon completione • 14 Identify responsibilities, including reportinge

responsibilities, for persoll!lel assigned to conducte

investigations and for any unrelated persons that thee

permittee retains to conduct or participate in

investitmtions '" --�-- lih'l��-:�1,94g�tr '-... :".i.:J;? . ·::.;.:...: .,,, .,-�"''"''"�""�-��!'"' l�fitJlW&I -���;. ::-=�- "' "'• :e 

437.85(b) Allowable Designe Except for design changes made under §437.85(a), you must ask 

Chauges the FAA to modify the experimental permit if: • It proposes to conduct pennitted activities in a manner

15 not authorized by the permit • Any representation in your permit application that ise

material to public health and safety or the safety ofe

property is no longer accurate or comoletee

437.85(a) Allowable design The FAA will identify in the experimental permit the type of 

changes; modification changes that you may make to the reusable suborbital rocket 16 of an experimental design without invalidating the permit 

permit 

14 CFR Part 437 

Responsibilities of Permittee - Checklist 

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Item Section Permittee ✓ Detailed Requirements # Number Re uirement 

437.85(c) Modification of an Prepare an application to modify your experimental permit and 

Experimental Permit submit it in accordance with 14 CFR §413. 

If requested during the application process, the FAA may approve 17 

an alternate method for requesting permit modifications. 

You must indicate any part of your permit that would be changed 

or affected by a ro osed modification. 

437.85(d) Modification of an When you propose a modification, the FAA reviews the 

Experimental Permit determinations made on the experimental permit to decide whether 

they remain valid. 

437.85(e) Modification of an When the FAA approves a modification, it issue you either a 

18 Experimental Permit written approval or a permit order modifying the permit if a stated 

term or condition of the permit is changed, added, or deleted. 

An approval has the full force and effect of a permit order and is 

part of the ermit record. _.. - '

437.87(a) Records -Nominal Except as required by §437.87(b), you must maintain for 3 years

19 Operations all records, data, and other material necessary to verify that you 

conducted your launch or reentry in accordance with your ermit. 

437.87(b) Records If there is a launch or reentry accident or incident, you must • Accident preserve all records related to the event. 

20 • Incident

Keep the records until after any Federal investigation and the FAA 

advises that you may dis ose of them. 

437.87(c) Records -Availability Make all records that you must maintain under this section 21 available to Federal officials for ins ·

w..-���,�%··---·· �-·- No permittee may carry any property or human being for 22 

com ensation or hire on a reusable suborbital rocket 

437.81 Public Safety Ensure that a launch or reentry conducted under your experimental 

23 Responsibility permit is safe, and must protect public health and safety and the 

safety of ro erty. 

437.83 Compliance with Conduct any launch or reentry under an experimental permit in 

Experimental Permit accordance with representations made in your permit application, 24 with subparts C and D of part 437, and with terms and conditions 

contained in the ermit. 

437.93 Compliance Monitoring Allow access by, and cooperate with, federal officers or 

employees or other individuals authorized by the FAA to observe 25 

any activities, or of your contractors or subcontractors, associated 

with the conduct of ermitted activities. 

437.95 Inspection of You may launch or reenter additional reusable suborbital rockets 

26 Additional Reusable , of the same design under the permit after the FAA inspects each 

Suborbital Rockets additional reusable suborbital rocket 

14 CFR Part 437 

Responsibilities of Permittee - Checklist 

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