A payload is an “object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle” – 51 USC § 50902(13)).
Every payload must obtain a payload determination by the Federal Aviation Administration (FAA), Office of Commercial Space Transportation (FAA/AST).
The FAA does not perform a review when the payload is “owned or operated by the US government,” or if is subject to regulation by FCC or NOAA. See § 415.53 (14 CFR § 415.53 – Payloads not subject to review.)
The payload review is normally done as part of a launch or reentry authorization but it does not need to be done then. It could be done: 1) as part of a license application review; 2) or may be requested by a payload owner or operator in advance of or apart from a license application. § 415.57 Payload review.
The FAA’s review is cursory: the FAA has authority to review the payload under the perspective of whether this could put at risk public health and safety, safety of property, or national security or foreign policy interest of the United States. 51 U.S.C. 50904(c) at the time of launch and reentry.
The question is: would it be better if the applicant for the payload review were always the payload owner OR anyway that a Payload declaration by the payload owner were required to be filed with the payload review application?
