[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Proposed Rules]
[Page 51395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25187]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 440

[Docket No. 28635; Notice 96-8A]
RIN 2120-AF98


Financial Responsibility Requirements for Licensed Launch 
Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); reopen comment period.

-----------------------------------------------------------------------

SUMMARY: This document announces that the comment period for the NPRM 
on financial responsibility requirements for licensed launch activities 
is reopened. The initial comment period closed September 23, 1996. In 
response to industry requests that more time be provided for comment 
development, the comment period is reopened October 2, 1996 through 
December 2, 1996.

DATES: The comment period is being reopened from October 2, 1996 
through December 2, 1996.

ADDRESSES: Comments on this NPRM should be mailed in triplicate to the 
Federal Aviation Administration, Office of Chief Counsel, Attention: 
Rules Docket (AGC-200), 800 Independence Avenue, SW, Washington, DC 
20591. Comments may also be sent electronically to the Rules Docket by 
using the following Internet address: [email protected]. All 
comments must be marked Docket No. 28635. Comments may be examined 
Monday through Friday, except Federal holidays, between the hours of 
8:30 a.m. and 5:00 p.m. in Room 915G.

FOR FURTHER INFORMATION CONTACT:
Ms. Esta M. Rosenberg, Attorney-Advisor, Regulations Division, Office 
of the Chief Counsel, Federal Aviation Administration, U.S. Department 
of Transportation, (202) 366-9305.

SUPPLEMENTARY INFORMATION: Notice No. 96-8 was published on July 25, 
1996 [61 FR 38992]. This Notice, as published, provided a 60 day 
comment period which closed September 23, 1996.

Background

    The Associate Administrator for Commercial Space Transportation 
currently prescribes financial responsibility requirements for 
licensees authorized to conduct commercial space launch activities on a 
case-by-base basis, after analyzing the risks associated with licensed 
activities. The proposed rulemaking would codify the Associate 
Administrator's approach to implementing these requirements in rules of 
general applicability. Specifically, the proposed regulations would 
establish how certain risks are allocated and addressed among the 
various launch participants through financial responsibility 
requirements, including statutorily based reciprocal waivers of claims. 
The proposed regulations would also address eligibility for payment by 
the United States Government of certain third party claims. The Notice 
requested comments on appropriate means of implementing this 
obligation. The FAA is undertaking this rulemaking initiative to 
implement financial responsibility requirements under the Commercial 
Space Launch Act of 1984, as amended, codified at 49 U.S.C. Subtitle 
IX, ch. 701, Commercial Space Launch Activities.
    On September 19, 1996, Orbital Sciences Corporation (OSC), as well 
as several other major U.S. commercial space launch industry 
participants, (i.e., Lockheed Martin, McDonnell Douglas, and Rockwell 
International Corporations) requested that the comment period be 
extended 60 days beyond September 23, 1996, to allow interested parties 
to respond adequately to the complex issues in the Notice. OSC states 
that in light of the detail needed to respond accurately and in a 
costly fashion, an extension is needed.

Reopen Comment Period

    The comment period closed on September 23, 1996, which prevented an 
extension. In order to allow industry additional time for a more 
thorough review of applicable issues and drafting of responsive 
comments, the FAA finds that it is in the public interest to reopen the 
comment period. Accordingly, the comment period is being reopened from 
October 2, 1996 through December 2, 1996.

    Issued in Washington, DC, on September 27, 1996.
Patti Grace Smith,
Acting Associate Administrator for Commercial Space Transportation, 
Federal Aviation Administration.
[FR Doc. 96-25187 Filed 10-1-96; 8:45 am]
BILLING CODE 4910-13-M