[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Pages 18843-18844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2001-9119]


Notice of Public Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: The FAA plans to convene a public meeting to solicit public 
views and information regarding liability and risk-sharing for 
commercial space launch and reentry activities. In addition to the 
public meeting, the FAA announces an on-line public forum on the 
Internet to solicit comments and information from the public. Public 
views obtained at the meeting and from the on-line forum will be 
included in a report to Congress on the appropriateness and 
effectiveness of current risk-sharing arrangements under law, and the 
need to continue or modify laws governing liability risk-sharing for 
commercial launches and reentries beyond December 31, 2004.

DATES: The public meeting will begin on April 25, 2001, at 9 a.m. and 
conclude for the day at 4:30 p.m. If necessary, the meeting will resume 
on April 26, 2001, at 9 a.m. and may continue through 4:30 p.m. A two-
week on-line public forum will begin on April 27, 2001, at 9 a.m. EST 
and end on May 11, 2001, at 4:30 p.m. EST. Written comments may also be 
submitted to the docket through May 11, 2001. Comments submitted to the 
docket after May 11 will be considered and included in the report to 
the extent practicable; however, the FAA encourages timely submission 
of comments to facilitate preparation of the report.

ADDRESSES: The meeting will take place in the FAA Auditorium, located 
at 800 Independence Avenue, SW., 3rd floor, Washington, DC 20591. The 
on-line public forum can be reached by clicking the ``On-Line Public 
Forum'' hyperlink on the Associate Administrator for Commercial Space 
Transportation's (AST) Internet home page, http://ast.faa.gov. Persons 
unable to participate in either the public meeting or the on-line 
public forum may mail or deliver views to the U.S. Department of 
Transportation Dockets, Docket No. FAA-2001-9119, 400 Seventh Street, 
SW., Washington, DC, 20590. The FAA requests two copies of any written 
comments. Comments may also be submitted to the docket electronically 
by sending them to the Documents Management Systems (DMS) at the 
following Internet address: http://dms.dot.gov/. Proprietary data 
should be marked as such and should not be submitted electronically. 
Comments to the docket should be submitted by May 11, 2001. Written 
views, as well as a transcript of the public meeting, may be examined 
in Room PL 401 at the U.S. Department of Transportation, 400 Seventh 
Street, SW., Washington, DC, 20590, between 10 a.m. and 5 p.m. weekdays 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms Esta M. Rosenberg, Senior Attorney-
Advisory, Regulations Division, Office of the Chief Counsel, Federal 
Aviation Administration, U.S. Department of Transportation (202) 366-
9320, or Mr. Ronald K. Gress, Manager, Licensing and Safety Division, 
Associate Administrator for Commercial Space Transportation, Federal 
Aviation Administration, U.S. Department of Transportation (202) 267-
7985.

SUPPLEMENTARY INFORMATION:

Background

    Congress has directed the Secretary of Transportation to study the 
liability risk-sharing regime currently applicable to U.S. commercial 
space transportation and recommend any appropriate modifications as 
part of a comprehensive report. The study mandated by the Commercial 
Space Transportation Competitiveness Act of 2000 (referred to in this 
Notice as the Space Competitiveness Act), Public Law 106-405, covers a 
variety of issues associated with liability risk-sharing for commercial 
space transportation. Government agency and public views will be 
presented as part of the final report to Congress.
    A Notice issued in the Federal Register on March 19, 2001, provides 
background information concerning the liability risk-sharing regime 
applicable to commercial space transportation under current law. 66 FR 
15521-15523, March 19, 2001. The Notice outlines report requirements 
and the specific areas of study and analysis identified in the Space 
Competitiveness Act. It can be viewed at the AST Internet home page, 
http://ast.faa.gov.
    The on-line public forum will allow electronic discussion of the 
issues identified for analysis by the Space Competitiveness Act. 
Through the Internet, a large cross-section of the interested public 
will be able to share views and information with each other and the 
FAA, and assist the FAA in compiling the range of perspectives 
concerning an appropriate risk-sharing regime for commercial space 
transportation. According to an AST report issued February 2001, ``The 
Economic Impact of Commercial Space Transportation on the U.S. 
Economy,'' U.S. economic activity in 1999 linked to the commercial 
space industry totaled over $61.3 billion. Industries enabled by 
commercial space transportation are not limited to launch vehicle and 
satellite manufacturing. They include associated consumer services such 
services as telecommunications, mobile data, direct-to-home television, 
remote sensing and related processing, as well as distribution 
industries. Accordingly, the interested public is not limited to launch 
services providers and their immediate customers but may include all 
persons who utilize satellite services, directly and indirectly. 
Through the on-line public forum, the FAA invites participation of all 
sectors of the interested public, including consumers.
    At the public meeting and in the on-line public forum, the FAA will 
solicit public comments and on-line discussion on the following issues, 
and welcomes other related ideas and information from the public. When 
responding to questions posed and providing views and information, 
please provide specific and detailed responses along with supporting 
rationale (quantitative and qualitative) for your answers.
    1. Could the U.S. commercial space transportation industry compete 
effectively against non-U.S. launch providers without the existing 
liability risk-sharing regime?
    2. Are the liability risk-sharing regimes of other space-faring 
countries relevant to the competitiveness of the U.S. space 
transportation industry? Are there specific elements of particular 
foreign regimes that you believe provide advantages or benefits to 
entities that fall under those regimes?
    3. Does holding a launch operator strictly liable for the damage or 
injury that results from its launch hinder the commercialization of 
space launch capability?
    4. By treaty, the U.S. Government accepts absolute liability for 
damage on the ground or to aircraft in flight outside of the United 
States when a launch takes place from U.S. territory or facilities. 
Given the Government's obligations in this regard, does the existing 
liability risk-sharing regime

[[Page 18844]]

provide adequate coverage and financial protection for the commercial 
space transportation industry as well as the Government?
    5. U.S. and foreign air carriers operating in the United States are 
required to maintain insurance coverage in certain minimum amounts 
covering liability to passengers and persons and property on the 
ground. For aircraft with more than 60 seats or more than 18,000 pounds 
of capacity, carriers must maintain third-party accident liability 
coverage in the minimum amount of $300,000 for any one person other 
than a passenger and a total of $20 million per involved aircraft for 
each occurrence. There is no government indemnification in the event 
claims exceed that amount, nor does the U.S. Government accept treaty-
based liability in the event of such damage. At what stage of 
development and under what circumstances should the airline liability 
regime become a model for commercial reusable launch vehicles (RLVs) 
that will routinely take-off and land?
    6. The Federal Government's current indemnification policy does not 
cover risks associated with commercial spaceport operations that do not 
involve launch vehicles. Do commercial spaceports require a liability 
risk-sharing regime comparable to that utilized for licensed launches 
and reentries, even when there is no vehicle-related activity taking 
place at the spaceport?
    7. What factors should the U.S. Congress consider in determining 
whether to continue as-is, or modify, existing laws in terms of 
liability risk-sharing for commercial space launch and reentry 
activities?
    8. What suggestions do you have for modifying the existing 
liability risk-sharing laws applicable to commercial launch and reentry 
activities?
    The public can join the on-line public forum by clicking the ``On-
Line Public Forum'' hyperlink on the AST Internet home page, http://ast.faa.gov. The docket and the on-line public forum will close on May 
11, 2001, so that the FAA can evaluate responses from the public to 
these questions and incorporate them in the further development of the 
report. However, the FAA will continue to welcome public views and 
information on issues associated with liability risk-sharing provisions 
for commercial space transportation under current law.
    Persons wishing to present a prepared statement at the public 
meeting should reserve time for doing so by contacting AST directing at 
(202) 267-7793.

    Issued in Washington, DC, on April 5, 2001.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 01-8916 Filed 4-6-01; 1:24 pm]
BILLING CODE 4910-13-P