[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Notices]
[Pages 56039-56040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24611]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Licensees

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of policy.

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SUMMARY: The Federal Aviation Administration (FAA) Office of the 
Associate Administrator for Commercial Space Transportation (AST) is 
responsible for licensing entities to conduct commercial space launch 
and reentry operations and to operate commercial launch an reentry 
sites. According to the terms and conditions of a license issued by the 
FAA/AST, each licensee has a public safety responsibility in which they 
are responsible for the safe conduct of licensed commercial space 
transportation operations. As part of their safety responsibility, a 
licensee must ensure that personnel who perform safety-critical 
functions are not impaired, either by intoxication from alcohol or from 
being under the influence of unlawful drugs, such that an individual's 
judgment is affected while performing those safety-critical functions 
that can affect safe operations.

DATES: This notice is effective September 30, 2003.

FOR FURTHER INFORMATION CONTACT: Stephen Izon, AST-200, Office of the 
Associate Administrator for Commercial Space Transportation (AST), Room 
331, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC. 20591, telephone: (202) 385-4712.

SUPPLEMENTARY INFORMATION: The FAA mission includes authorizing 
commercial space transportation activities under 49 U.S.C. chapter 701, 
consistent with public health and safety, safety of property, and the 
national security and foreign policy interests of the United States. 
Commercial space transportation activities licensed by the FAA include 
launch of a launch vehicle, including a suborbital rocket, reentry of a 
reentry vehicle, and operation of a launch or reentry site. The FAA 
works to ensure that licensed activities are conducted safely so as not 
to jeopardize public safety or safety of property.
    Under a license and implementing regulations, 14 CFR Chapter III, 
the FAA places responsibility for public safety on a licensee in 
conducting licensed activities. According to 14 CFR 415.71, a launch 
licensee is ``responsible for ensuring the safe conduct of a licensed 
launch and for ensuring that public safety and safety of property are 
protected at all times during the conduct of a licensed launch.'' 
Similarly, 14 CFR 431.71 states that in the conduct of reusable launch 
vehicle (RLV) missions and re-entry operations, a ``licensee is 
responsible for ensuring the safe conduct of an RLV mission and for 
protecting public health and safety and the safety of property during 
the conduct of the mission.'' Additionally, as stated in the terms and 
conditions of launch site operator licenses, a licensee is responsible 
for ensuring the safe operation of the site and for ensuring that 
public safety and safety of property are protected at all times during 
its licensed activities.
    In placing responsibility for the safe conduct of licensed activity 
on a licensee, the FAA places a duty on a licensee to, among other 
things, safeguard against unsafe practices or conditions when 
conducting authorized activities, which by their very nature can be 
hazardous to the public and have the potential to affect the safety of 
the uninvolved public. Licensee vigilance is critical in this regard. A 
licensee's public safety responsibility includes ensuring that a person 
who performs a safety-critical function is not impaired, either by 
alcohol or from being under the influence of unlawful drugs such that 
personal judgment is affected when performing a safety-critical 
function.
    Currently, there are no FAA regulations mandating a drug and 
alcohol testing program for licensees. However, the absence of a 
regulatory program requiring employee testing does not mean that the 
FAA is not concerned about the possible misuse of alcohol or unlawful 
drugs by individuals performing safety-critical functions during or in 
support of the conduct of licensed operations. As evidenced in other 
modes of transportation, the misuse of alcohol or unlawful drugs has 
been a factor in transportation accidents and in several instances, its 
detection prevented a situation that could have endangered the safety 
of the public.
    So far, the public safety track record for the space transportation 
industry speaks for itself. There has not been one drug or alcohol 
related incident or accident in the decades of U.S. space launch 
experience. Accordingly, the FAA is not directing, by regulation, that 
a licensee comply with a prescribed drug and alcohol testing program. 
However, in fulfilling a licensee's responsibility for public safety, 
the FAA expects each licensee to employ appropriate safeguards against 
the hazards that could be created if persons impaired by use of alcohol 
or unlawful drugs are allowed to affect the safe conduct of licensed 
operations.
    While a licensee is not responsible for policing federal employees 
or those of federal government contractors, a licensee, however, would 
be in violation of its safety responsibility under a license if it 
allowed licensed activity to proceed when the licensee knows or has 
reason to know that federal personnel, including contractor personnel, 
performing safety-critical functions are under the influence of alcohol 
or unlawful drugs.
    Safety-critical, as defined in CFR 401.5 means ``essential to safe 
performance or operation. A safety-critical system, subsystem, 
condition, event, operation, process or item is one whose property 
recognition, control, performance or tolerance is essential to system 
operation such that it does not jeopardize public safety.'' A safety-
critical function is one that is essential to safe performance or 
operation. A

[[Page 56040]]

safety-critical individual who performs safety-critical functions 
properly is essential to safe operations conducted under a license. In 
order to perform these safety-critical functions properly, a safety-
critical individual must be in a mental state in which judgment is 
unimpaired by alcohol or unlawful drug usage, since their functions may 
include the ability to make time-critical decisions.
    For commercial space launch operations, a safety-critical 
individual typically is part of a licensee's safety organization. For 
RLVs, safety-critical personnel also include the flight crew if they 
are part of a flight safety system. Crew who manage flight safety are 
responsible for ensuring that a launch vehicle does not pose a public 
safety threat. A typical safety-critical function would be initiation 
of a destruct command of a flight safety system, which, as defined in 
14 CFR 401.5, is a system designed to limit or restrict the hazards to 
public health and safety and the safety of property presented by a 
launch or reentry vehicle in flight through controlled ending to 
vehicle flight. An employee performing this safety-critical function 
which impaired, either under the influence of alcohol or unlawful 
drugs, might, for instance, fail to actuate the flight safety system 
when the launch vehicle leaves the established flight safety limits. In 
this scenario, the vehicle or vehicle debris could impact a populated 
area, imposing an unacceptable risk to the public or property.
    If a licensee were to allow an individual who performs safety-
critical functions to perform those functions while under the influence 
of alcohol or unlawful drugs, the FAA would regard the licensee to be 
in violation of its safety responsibility under the license and FAA 
regulations. The FAA may commence appropriate enforcement action, 
including suspension of a license, a civil penalty action, or both, 
against the licensee.

    Issued in Washington, DC, September 24, 2003.
Patricia G. Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 03-24611 Filed 9-26-03; 8:45 am]
BILLING CODE 4910-123-M