[Federal Register Volume 66, Number 182 (Wednesday, September 19, 2001)]
[Notices]
[Pages 48311-48313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23420]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2001-9119]


Extension of Public Meeting; Commercial Launch Industry

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Public Meeting.

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

SUMMARY: The FAA is extending through September 28, 2001, 4:30 p.m. EST 
an on-line public forum on the Internet seeking comments and 
information from the public regarding the government's role in 
supporting the U.S. commercial launch industry. In particular, the FAA 
is asking whether and why the government should continue to share the 
risk of liability for commercial launches in the unlikely event of an 
accident, or consider changes to existing laws. Public views obtained 
from the on-line forum will be included in a report to Congress on the 
appropriateness and need to continue current risk-sharing arrangements 
or modify laws governing liability risk-sharing for commercial launches 
and reentries beyond December 31, 2004.

DATES: The on-line public forum that began on September 4, 2001, at 9 
a.m. EST is extended through September 28, 2001, at 4:30 p.m. EST. 
Written comments may also be submitted to the docket through September 
28, 2001. Comments submitted to the docket after September 28th 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 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 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/. Comments to the docket should be 
submitted by September 28, 2001. Comments submitted to the docket 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, and may be viewed by accessing 
the DMS using the Internet cite noted above.

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) 385-4700.

SUPPLEMENTARY INFORMATION:

[[Page 48312]]

Background

    The FAA is extending an opportunity for the interested public to 
provide its perspective, using the Internet, on the appropriate role of 
government in risk management for commercial space transportation and 
associated issues concerning U.S. policies in support of a robust 
commercial launch industry. 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. A docket also remains available for 
filing written comments, either by mail or electronically, following 
the instructions listed above under the heading, ADDRESSES.
    The on-line public forum will allow electronic discussion of the 
issues identified for analysis by the Commercial Space Transportation 
Competitiveness Act of 2000. Background information regarding the 
Commercial Space Transportation Competitiveness Act of 2000 and 
liability risk-sharing for commercial space transportation appears in a 
notice issued July 31, 2001, at 66 FR 39545-39548.
    The format and questions presented in the extended ``On-Line Public 
Forum'' are the same as those appearing in the July 31 notice. They are 
reprinted in this notice for ease of reference.
    There are two sets of questions. The first set of questions asks, 
in a general way, for public views concerning government support of the 
commercial space launch industry. The second set of questions repeats 
the questions posed in an on-line public forum held April 27-May 11, 
and addresses the specific elements Congress has required the FAA to 
study in preparing the report. At the end of the questions, the FAA 
provides a more ``free-style'' opportunity for submission of views on 
matters related to launch liability, risk management and government 
policies in support of the U.S. commercial space launch industry.
    If you would like to participate in the on-line forum, you are not 
required to answer all of the questions and you are not required to 
respond to all parts. You may answer as few or as many of the questions 
as you like, in either or both parts, as well as in the ``free-style'' 
section. You may choose to respond only in the ``free-style'' section 
and skip over the two sets of questions in Parts I and II entirely. If 
you choose to respond to a question, please be specific in your answer 
so that it is clear to the FAA and others who may view the on-line 
public meeting. To the extent you can, please provide supporting 
information and the rationale for your answer.

Part I

    There are eight questions listed in this part. You may answer none, 
some or all of them, and then proceed to Part II.
    1. Before reading this Notice, were you aware that a commercial 
launch industry exists in the United States, in addition to government 
launch capability (e.g., military space programs operated by the 
Department of Defense and civil space programs administered by NASA), 
and that private companies offer launch services as a commercial 
business?
    2. Is it important to you that the United States have a successful 
and internationally competitive commercial launch industry with a 
significant, if not majority, share of the international launch market, 
and if so, why? Do you believe there is a benefit to our nation from 
having a robust commercial launch industry and from being a well-
established world leader in space?
    3. Before reading this Notice, were you aware that the FAA licenses 
and regulates commercial launches in the United States?
    4. Before reading this Notice, were you aware that launch operators 
licensed by the FAA are required, by law, to maintain a prescribed 
amount of liability insurance?
    5. Before reading this Notice, were you aware of the government's 
involvement in providing coverage, that is, ``indemnification,'' for 
excess liability over and above that which is covered by the liability 
insurance a launch operator is required to purchase when conducting a 
licensed launch in the United States?
    6. A government-industry risk sharing arrangement, such as that 
reflected in the CSLA and described in this Notice, may be unusual for 
a commercial industry, but it is not unique. For example, 
indemnification of excess liability is credited with enabling 
commercial development of the nuclear power industry. Do you think it 
is important and appropriate for the government to continue to support 
the U.S. commercial launch industry by having some type of liability 
risk-sharing program, such as the one described in this Notice, and can 
you state why?
    7. Other governments financially support their launch industry 
through indemnification commitments. For example, the French Government 
is responsible for paying damages awarded to victims of Arianespace 
launches in excess of the insurance obtained by Arianespace. Do you 
believe that the U.S. Government should continue to have policies and 
laws, such as the CSLA risk-sharing program described in this Notice, 
so that U.S. companies can compete on similar terms against their 
international competitors?
    8. If you answered ``yes'' to Question 7, above, under what 
circumstances do you believe the U.S. Government should or could stop 
supporting the U.S. commercial launch industry through risk sharing? 
What criteria (e.g., market share, technological success, other 
considerations) would you use in deciding that a risk-sharing 
arrangement between government and industry is no longer necessary or 
appropriate?

Part II

    Reprinted below are the questions presented in the first Internet 
public meeting, conducted April 27-May 11. You may answer none, some or 
all of them, and then proceed to Part III.
    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 and the ability of non-U.S. 
launch providers to compete internationally?
    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 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

[[Page 48313]]

$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?

Part III

    This part provides an opportunity for you to express your views and 
concerns on matters related to launch liability, risk management and 
government policies in support of the U.S. commercial space launch 
industry. You are welcome to use this opportunity to inform the FAA of 
your views regarding U.S. commercial space transportation in general, 
and the government's role in facilitating and supporting commercial 
access to space and regulating launch safety.

    Issued in Washington, DC, on September 12, 2001.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 01-23420 Filed 9-18-01; 8:45 am]
BILLING CODE 4910-13-P