36.—(1) An applicant must carry out a safety case which, unless the circumstances in paragraph (2) apply, meets the requirements in paragraphs (3) to (7).
(2) The circumstances referred to in paragraph (1) are that the applicant’s application is not based on an actual vehicle.
(3) The applicant’s safety case must take into account—
(a)the interests of any operator applicant,
(b)the interests of any other known user of the proposed spaceport site, and
(c)if the proposed spaceport is a horizontal spaceport—
(i)the interests of the aerodrome licence holder, and
(ii)the interests of any other aerodrome user.
(4) The applicant’s safety case must as a minimum contain the following information—
(a)a description of the proposed spaceport, including a description of—
(i)the licensed activities proposed to be conducted at that spaceport,
(ii)the spaceflight activities proposed to be conducted at that spaceport, and
(iii)the activities of any other known spaceport user;
(b)if the proposed spaceport is a horizontal spaceport, a description of the aerodrome;
(c)a description of the vicinity of the proposed spaceport, including identification of any areas, developments or features which could affect the assessment of risks or hazards or the mitigation measures to be applied in the event of an emergency occurring at the spaceport;
(d)a plan of the proposed spaceport identifying and showing the proposed location of—
(i)any known spaceport infrastructure including runways, taxiways, launch pads, test stands and launch vehicle parking areas,
(ii)any proposed physical barrier under regulation 172(2),
(iii)any proposed installations including maintenance facilities, integration facilities, hangars or any other buildings,
(iv)any proposed hazardous material storage facilities to be designated under regulation 158, including, if known, the types and maximum quantities to be stored at each hazardous material storage facility,
(v)any proposed area or buildings for handling or venting of any hazardous material, and
(vi)any proposed static engine or other test areas;
(e)a description of any spaceflight activities which the applicant believes likely to be carried out from the spaceport, including a description of any carrier aircraft or launch vehicle to be launched and any payload to be carried by such an aircraft or vehicle if the spaceport licence is granted, including—
(i)any associated infrastructure requirements;
(ii)any associated operational requirements, such as integration facilities and hangars;
(iii)any operating characteristics which may affect licensed activities;
(iv)any rescue and firefighting requirements;
(v)any hazardous material to be used by a carrier aircraft, launch vehicle or payload, or to be stored at the spaceport.
(5) The applicant’s safety case must include, in relation to the operations and activities listed in paragraph (6)—
(a)identification of each major accident hazard that could arise during the operation or activity,
(b)an assessment of the likelihood of it arising and of the severity of the consequences if it does occur, and
(c)a description of the prevention and mitigation measures that will be applied to ensure that the risks identified are as low as reasonably practicable.
(6) The operations and activities to which paragraph (5) refers are—
(a)the transporting, handling and storing of any hazardous material at the spaceport,
(b)the integration of a payload with a launch vehicle at the spaceport,
(c)the integration of a carrier aircraft with a launch vehicle at the spaceport,
(d)any testing of a type described in regulation 161 (requirement to designate appropriate area for static engine etc. testing) at the spaceport, and
(e)any other proposed licensed activities or spaceflight activities which may give rise to a major accident hazard.
(7) Taking into account the findings of the assessment required under paragraph (5), the applicant’s safety case must, except where regulation 37(2) applies—
(a)identify that a safety clear zone is required,
(b)define the area that will comprise the safety clear zone,
(c)stipulate the times that the safety clear zone will be in place,
(d)set out the measures the applicant will take to ensure that a safety clear zone is put in place and is monitored, and
(e)set out the arrangements the applicant will have in place to ensure that no person, other than a person permitted to be present under regulation 157(3)(d), is inside a safety clear zone.
(8) Where the circumstances in paragraph (2) apply, the applicant’s safety case must—
(a)be based on the representative vehicle,
(b)take into account the matters listed in paragraph (3), as far as these are known to the applicant,
(c)contain as much of the information set out in paragraph (4) as is known to the applicant,
(d)include an assessment that meets, as far as possible, the requirements of paragraph (5), and
(e)take into account the assessment carried out under sub-paragraph (d), and unless regulation 37(2) applies, as far as possible satisfy the requirements in paragraph (7).
(9) In this regulation “aerodrome licence holder” means the holder of the CAA licence or aerodrome certificate for the aerodrome at which the proposed horizontal spaceport is to be located in accordance with regulation 35(1).