[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Proposed Rules]
[Pages 29164-29168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9705]



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Part VI





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 401, et al.



Miscellaneous Changes to Commercial Space Transportation Regulations; 
Proposed Rule

  Federal Register / Vol. 70, No. 96 / Thursday, May 19, 2005 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 404, 413, 415, and 420

[Docket No. FAA-2005-21234, Notice No. 05-06]
RIN 2120-AI45


Miscellaneous Changes to Commercial Space Transportation 
Regulations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposal would prohibit obtrusive space advertising and 
make other minor changes to the regulations governing commercial space 
transportation. The proposed changes are necessary to reflect a 
statutory change, capture current practice, and to correct errors in a 
table. The purpose of the changes is to give the public and the 
regulated industry accurate and current information.

DATES: Send your comments on or before July 18, 2005.

ADDRESSES: You may send comments identified by Docket Number FAA-2004 
using any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide Rulemaking Web Site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michelle Murray, Office of Commercial 
Space Transportation (AST), Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7892.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the Web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78) or you may visit 
http://dms.dot.gov.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Background

    The Commercial Space Launch Act of 1984, as codified at 49 U.S.C. 
subtitle IX, chapter 701, authorizes the Secretary of Transportation to 
oversee, license, and regulate non-Federal launch activities, including 
commercial launches carried out by U.S. citizens or within the United 
States and, in doing so, to safeguard public health and safety, safety 
of property, and the national security and foreign policy interests of 
the United States. The Secretary has delegated this responsibility to 
the FAA Administrator who, in turn, has further delegated it to the 
Associate Administrator for Commercial Space Transportation. The 
following paragraphs describe the changes we are proposing to make in 
the regulations we have adopted to carry out the purposes of the 
Commercial Space Launch Act, as amended.

Sections 401.5 and 415.51 Prohibition of Obtrusive Space Advertising

    The National Aeronautics and Space Administration Authorization Act 
of 2000 (Pub. L. 106-391) amended 49 U.S.C. chapter 701 to add a 
prohibition against ``obtrusive'' space advertising. Space advertising 
is a new form of advertisement that may become more widespread as the 
space industry develops. This form of advertisement has traditionally 
been limited to such activities as placing logos on payloads, uniforms, 
launch vehicles, launch facilities, and launch infrastructure. Besides 
these traditional forms of advertisement, space also offers the ability 
to promote messages in entirely new ways. Objects placed in orbit, if 
large enough, could be seen by people

[[Page 29165]]

around the world for long periods of time. Their visibility in the sky 
could have adverse effects on the general public and astronomers. Large 
advertisements could destroy the darkness of the night sky. Their size 
and light emissions could impede astronomical observations that rely on 
a dark celestial environment. These are the type of adverse effects 
that indicate advertising is obtrusive.
    Obtrusive space advertising, as defined in 49 U.S.C. chapter 701, 
is ``advertising in outer space that is capable of being recognized by 
a human being on the surface of the Earth without the aid of a 
telescope or other technological device.'' 49 U.S.C. 70102. Although 
the statute gives the FAA the authority to prohibit obtrusive space 
advertising using a payload, current regulations do not reflect this 
authority. For this reason, we are proposing to add a definition of 
``obtrusive space advertising'' to our general definitions section at 
14 CFR 401.5. The language of the definition is the same as that 
contained in the statute. We are also proposing to add to existing 14 
CFR 415.51 a statement that we will review a payload proposed for 
launch to determine if the launch of the payload would result in 
obtrusive space advertising.
    An example of a proposed payload that would have been obtrusive 
space advertising came from a space company that proposed to launch a 
group of large billboards into low Earth orbit. Viewed from Earth, 
these billboards would have appeared as large as the Moon and been 
visible to millions of people around the world without the aid of a 
telescope or other technological device. The FAA is requesting comments 
from the public on what would clearly differentiate between obtrusive 
and non-obtrusive types of space advertising.

Section 404.3 Waiver of the Requirement for a License

    The FAA proposes to amend 14 CFR 404.3 to allow the Associate 
Administrator to waive the requirement for a launch license under 14 
CFR 415 for launches that are not ``amateur rocket activities,'' as 
defined at 14 CFR 401.5, that are in the public interest and will not 
jeopardize public health and safety, the safety of property, or any 
national security or foreign policy interest of the United States. The 
Commercial Space Act of 1998 (Pub. L. 105-303) modified section 
70105(b)(3) of the Commercial Space Launch Act to allow the Associate 
Administrator to waive the requirement to obtain a license for an 
individual applicant. The Associate Administrator must determine that 
the waiver is in the public interest and will not jeopardize the public 
health and safety, the safety of property, or any national security or 
foreign policy interest of the United States. We are proposing to 
update our regulations to reflect this authority.

Section 404.5 Petition for Reconsideration

    We are proposing to amend 14 CFR 404.5 by adding a process for 
reconsidering a denial of a waiver. The proposed addition of a license 
waiver process to 14 CFR 404.3 highlighted the fact that our existing 
petition processes do not allow for reconsideration of a denial of a 
waiver or petition.
    Currently, 14 CFR 404.5(b) allows the Associate Administrator for 
Commercial Space Transportation to grant a petition for a waiver if the 
waiver is in the public interest and will not jeopardize public health 
and safety, the safety or property, or any national security or foreign 
policy interest of the United States. Existing 14 CFR 404.5(c) provides 
that if the Associate Administrator determines that the petition does 
not justify granting the waiver, the petition is denied.
    Proposed 14 CFR 404.5(e) would allow a petitioner to request 
reconsideration of a petition denial within 60 days of the date of the 
denial. For FAA to accept the petition, it would have to show either of 
the following:
     The petitioner has a significant additional fact and a 
reason for not presenting it in the original petition,
     The FAA made an important factual error in the denial of 
the original petition, or
     The denial by the FAA is not in accordance with applicable 
law and regulations.

Section 413.7(c) Signature and Certification of Accuracy of an 
Application

    Existing 14 CFR 413.7(c)(1) requires that an application for 
licensed activities must be legibly signed, dated, and certified as 
true, complete, and accurate by an officer authorized to act for the 
corporation (italics added) in licensing matters. To reduce the burden 
of licensing on the commercial space industry, the FAA proposes to 
amend 14 CFR 413.7(c)(1) to allow corporations to designate a person to 
sign applications who is not an officer of the corporation. For large 
corporations, the requirement for an officer of the company to submit 
an application is often difficult. Getting the original application 
signed by an officer may not be difficult, but the final application 
usually includes additional material than just the original 
application. It is sometimes difficult for all additional information 
or data to be signed off by an officer of the corporation. The 
application process would be streamlined if an officer of a corporation 
could delegate his or her responsibility in licensing matters.

Part 420 Appendix C Correction of Table C-3

    Appendix C to part 420 provides a method for an applicant to 
estimate the expected casualty (Ec) for a launch of a guided expendable 
launch vehicle using a flight corridor generated either by appendix A 
or appendix B to part 420. As part of the calculation, a casualty area 
lookup table is used. Recent analysis has shown that expected casualty 
values generated by appendix C are overly conservative, and that this 
conservatism stems largely from the overly conservative casualty areas 
in Table C-3. We are proposing to replace the lookup table to reflect 
more realistic casualty areas, which in turn will produce more 
reasonable Ec values. The new values will be, on average, an order of 
magnitude lower than their original counterparts. This change would 
affect launch site applicants who wish to use the appendix C method to 
comply with part 420.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with this 
proposed rule.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency proposing or adopting a regulation to proceed only upon a 
reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (19 U.S.C. 2531-
2533) prohibits agencies from setting standards that create unnecessary 
obstacles to the foreign commerce of the United States. In developing 
U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
for U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment

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of the costs, benefits, and other effects of proposed or final rules 
that include a Federal mandate likely to result in the expenditure by 
State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more annually (adjusted for 
inflation). The FAA currently uses an inflation-adjusted value of 
$120.7 million in lieu of $100 million.
    If it is determined that the expected impact is so minimal that the 
proposal does not warrant a full evaluation, this order permits a 
statement to that effect and the basis for it to be included in the 
preamble and a full regulatory cost benefit evaluation need not be 
prepared.
    The proposed rule would prohibit FAA from authorizing for launch 
those payloads that result in obtrusive space advertising. The 
prohibition became law when chapter 701 of title 49 of the United 
States Code was amended to forbid the launch of payloads for the 
purpose of obtrusively advertising from space. This prohibition would 
primarily affect advertising entities that seek to use space as a 
medium for product or message promotion. The proposed rule would codify 
current practice and procedures of the Associate Administrator for 
Commercial Space Transportation since the amendment to chapter 701 of 
title 49 of the United States Code went into effect. As such, there 
would be no benefits gained or costs incurred.
    The proposed rule regarding license waivers would amend 14 CFR 
404.3 to allow the FAA to waive the requirement for a license when the 
Associate Administrator for Commercial Space Transportation determines 
that waiving the requirement for a license is in the public interest 
and will not jeopardize public health and safety, the safety of 
property, or any national security or foreign policy interest of the 
United States. The license waiver amendment would codify current 
practice and procedures as established in the Commercial Space Act of 
1998. Since the amendment would codify current practice and procedures, 
there should be no costs or benefits.
    The proposed rule would amend 14 CFR 404.5 to allow for 
reconsideration of a denial of a waiver. This change would provide due 
process to a person whose petition for a waiver or exemption was denied 
by FAA. There is the potential for a cost savings if the petitioner can 
show that FAA has made a factual error or has not correctly applied 
existing law to a waiver request.
    The proposed rule regarding the delegation of signing off for 
licensing matters would amend 14 CFR 413.7(c) to allow corporations to 
designate a duly appointed person to sign in licensing matters who is 
not an officer of the corporation. Currently, only an officer 
authorized to act for the corporation in licensing matters has this 
signature authority. The proposal would reduce the burden of licensing 
on the commercial space transportation industry by allowing 
corporations to delegate this authority to a person other than a 
corporate officer. The proposal would expedite the licensing process 
because if the corporate officer were not available the delegated 
person could act in his or her place. The overall impact could result 
in a cost savings.
    The proposal would change Table C-3 of appendix C in part 420 to 
correct values of the effective casualty area. An effective casualty 
area is defined in 14 CFR 420.5 as the aggregate casualty area of each 
piece of debris created by a launch vehicle failure at a particular 
point on its trajectory. Launch site applicants seeking a license to 
operate a site where guided expendable launch vehicles may be launched 
use these casualty areas to calculate the expected casualty of a 
proposed vehicle along a specified flight corridor. The rule would 
affect launch site operator or license applicants who wish to use 
appendix C to comply with part 420. Launch vehicle operators would not 
be affected by this rule because each vehicle they propose to launch 
from a site would require the use of their vehicle-specific attributes 
instead of the above mentioned table values when calculating the 
effective casualty area.
    The proposal would allow for more accurate expected casualty 
calculations for the launch of a guided expendable launch vehicle. The 
primary benefit from the change is that more sites would initially 
qualify for a launch site operator license. In addition, once a site is 
authorized, each launch vehicle operator would still have to undertake 
a much higher fidelity Ec analysis to obtain a license to launch from 
that site.
    Since this final rule merely revises and clarifies FAA rulemaking 
procedures, the expected outcome will have a minimal impact with 
possible cost savings to the industry, and a regulatory evaluation was 
not prepared. The FAA requests comments with supporting justification 
regarding the FAA determination of minimal impact.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 RFA provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    In view of the minimal cost impact of the proposed rule, the FAA 
has determined that this proposed rule would have no significant 
economic impact on a substantial number of small entities. 
Consequently, the FAA certifies that the proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The FAA invites industry comments and requests that all comments be 
accompanied with clear and detailed supporting data.

International Trade Impact Analysis

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the proposed 
rule and determined that it would likely have only a domestic impact 
and therefore no effect on any trade-sensitive activity.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments.

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Title II of the Act requires each Federal agency to prepare a written 
statement assessing the effects of any Federal mandate in a proposed or 
final agency rule that may result in an expenditure of $100 million or 
more (adjusted annually for inflation) in any one year by State, local, 
and tribal governments, in the aggregate, or by the private sector; 
such a mandate is deemed to be a ``significant regulatory action.'' The 
FAA currently uses an inflation-adjusted value of $120.7 million in 
lieu of $100 million.
    This proposed rule does not contain such a mandate. The 
requirements of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and therefore would not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312(d) and involves no 
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

List of Subjects in

14 CFR Part 401

    Organization and functions (Government agencies), Space 
transportation and exploration.

14 CFR Part 404

    Administrative practice and procedure, Space transportation and 
exploration.

14 CFR Part 413

    Confidential business information, Space transportation and 
exploration.

14 CFR Part 415

    Aviation safety, Environmental protection, Space transportation and 
exploration.

14 CFR Part 420

    Environmental protection, Reporting and recordkeeping requirements, 
Space transportation and exploration.

The Proposed Amendment

    For the reasons stated in the preamble, the Federal Aviation 
Administration proposes to amend 14 CFR chapter III as set forth below:

PART 401--ORGANIZATION AND DEFINITIONS

    1. The authority citation for part 401 continues to read as 
follows:

    Authority: 49 U.S.C. 70101-70121.

    2. Amend Sec.  401.5 to add the following definition in 
alphabetical order:


Sec.  401.5  Definitions.

* * * * *
    Obtrusive space advertising means advertising in outer space that 
is capable of being recognized by a human being on the surface of the 
Earth without the aid of a telescope or other technological device.
* * * * *

PART 404--REGULATIONS AND LICENSING REQUIREMENTS

    3. The authority citation for part 404 continues to read as 
follows:

    Authority: 49 U.S.C. 70101-70121.

    4. Revise Sec.  404.3 to read as follows:


Sec.  404.3  Filing of petitions to the Associate Administrator.

    (a) Any person may petition the Associate Administrator to:
    (1) Issue, amend, or repeal a regulation to eliminate as a 
requirement for a license any requirement of Federal law applicable to 
commercial space launch and reentry activities and the operation of 
launch and reentry sites;
    (2) Waive any such requirement in the context of a specific 
application for a license; or
    (3) Waive the requirement for a license.
    (b) Each petition filed under this section must:
    (1) Be submitted in duplicate to the Documentary Services Division, 
Attention Docket Section, Room 4107, U.S. Department of Transportation, 
400 Seventh Street, SW., Washington, DC 20590;
    (2) Set forth the text or substance of the regulation or amendment 
proposed, the regulation to be repealed, the licensing requirement to 
be eliminated or waived, or the type of license to be waived;
    (3) In the case of a petition for a waiver of a particular 
licensing requirement, explain the nature and extent of the relief 
sought;
    (4) Contain any facts, views, and data available to the petitioner 
to support the action requested; and
    (5) In the case of a petition for a waiver, be submitted at least 
60 days before the proposed effective date of the waiver unless good 
cause for later submission is shown in the petition.
    (c) A petition for rulemaking filed under this section must contain 
a summary, which the Associate Administrator may cause to be published 
in the Federal Register, which includes:
    (1) A brief description of the general nature of the action 
requested; and
    (2) A brief description of the pertinent reasons presented in the 
petition for instituting the rulemaking.
    5. Amend Sec.  404.5 by adding new paragraph (e) to read as 
follows:


Sec.  404.5  Action on petitions.

* * * * *
    (e) Reconsideration. Any person may petition FAA to reconsider a 
denial of a petition the person had filed. The petitioner must send a 
request for reconsideration to the same address to which the original 
petition went. For FAA to accept the petition, the petitioner must show 
the following:
    (1) There is a significant additional fact and the reason it was 
not included in the original petition;
    (2) FAA made an important factual error in our denial of the 
original petition; or
    (3) The denial by the FAA is not in accordance with the applicable 
law and regulations.

PART 413--LICENSE APPLICATION PROCEDURES

    6. The authority citation for part 413 continues to read as 
follows:

    Authority: 49 U.S.C. 70101-70121.

    7. Amend Sec.  413.7 by revising paragraph (c)(1) to read as 
follows:


Sec.  413.7  Application.

* * * * *

[[Page 29168]]

    (c) * * *
    (1) For a corporation: An officer or other individual duly 
authorized to act for the corporation in licensing matters.
* * * * *

PART 415--LAUNCH LICENSE

    8. The authority citation for part 415 continues to read as 
follows:

    Authority: 49 U.S.C. 70101-70121.

    9. Revise Sec.  415.51 to read as follows:


Sec.  415.51  General.

    (a) The FAA reviews a payload proposed for launch to determine 
whether a license applicant or payload owner or operator has obtained 
all required licenses, authorization, and permits, unless the payload 
is exempt from review under Sec.  415.53 of this subpart. If not 
otherwise exempt, the FAA reviews a payload proposed for launch to 
determine whether its launch would jeopardize public health and safety, 
safety of property, U.S. national security or foreign policy interests, 
or international obligations of the United States.
    (b) The FAA also reviews a payload proposed for launch to determine 
if the launch of the payload would result in obtrusive space 
advertising. No payload, whether exempt from review or not, may be 
launched under a launch license if it results in obtrusive space 
advertising.
    (c) A payload determination is part of the licensing record on 
which the FAA's licensing determination is based.
    10. Amend Sec.  415.59 by revising paragraphs (a)(7) and (8) and by 
adding paragraph (a)(9) to read as follows:


Sec.  415.59  Information requirements for payload review.

* * * * *
    (a) * * *
    (7) Intended payload operations during the life of the payload;
    (8) Delivery point in flight at which the payload will no longer be 
under the licensee's control; and
    (9) Any material to be used for the purposes of advertising.
* * * * *

PART 420--LICENSE TO OPERATE A LAUNCH SITE

    11. The authority citation for part 420 continues to read as 
follows:

    Authority: 49 U.S.C. 70101-70121.

    12. Revise Table C-3 of appendix C to part 420 to read as follows:

Appendix C to Part 420--Risk Analysis

* * * * *

                                      Table C-3.--Effective Casualty Area (Miles2) as a Function of IIP Range (nm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Orbital launch vehicles                                                         Suborbital launch
--------------------------------------------------------------------------------------------------------------------------------------      vehicles
                                                                                                                                      ------------------
    Instantaneous impact point range  (nautical miles)           Small              Medium          Medium large          Large              Guided
--------------------------------------------------------------------------------------------------------------------------------------------------------
0-49.....................................................        3.14 x 10-2        1.28 x 10-1        4.71 x 10-2        8.59 x 10-2         4.3 x 10-1
50-1749..................................................        2.47 x 10-2        2.98 x 10-2        9.82 x 10-3        2.45 x 10-2         1.3 x 10-1
1750-5000................................................        3.01 x 10-4        5.52 x 10-3        7.82 x 10-3        1.14 x 10-2        3.59 x 10-6
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Issued in Washington, DC on May 10, 2005.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.

[FR Doc. 05-9705 Filed 5-18-05; 8:45 am]
BILLING CODE 4910-13-P