[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Pages 31831-31834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13557]



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 Rules and Regulations
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  Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Rules 
and Regulations  

[[Page 31831]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 400 and 401

[Docket No.: FAA-2012-0045; Amdt. Nos. 400-5 and 401-8]
RIN 2120-AJ90


Exclusion of Tethered Launches From Licensing Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is amending its commercial space transportation 
regulations to exclude specified tethered launches from its licensing 
and permitting requirements. This action maintains safety by providing 
launch vehicle operators with clear and simple criteria for a safe 
tethered launch, while relieving operators and the FAA from the 
administrative burden of filing and processing license and permit 
applications or waiver requests. The intent of this final rule is to 
enhance the safety of tethered launches and improve regulatory 
effectiveness.

DATES: Effective August 3, 2015.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this rule, contact Stewart Jackson, AST-300, Office of Commercial Space 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-7903; email 
[email protected].
    For legal questions concerning this rule, contact Sabrina Jawed, 
AGC-250, Office of the Chief Counsel, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8839; email [email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and re-codified 
at 51 U.S.C. 50901-50923 (the Act), authorizes the Department of 
Transportation and the FAA, through delegations, to oversee, license, 
and regulate commercial launch and reentry activities, and the 
operation of launch and reentry sites as carried out by U.S. citizens 
or within the United States (51 U.S.C. 50904, 50905). The Act directs 
the FAA to exercise this responsibility consistent with public health 
and safety, safety of property, and the national security and foreign 
policy interests of the United States (51 U.S.C. 50905). Section 
50901(a)(7) directs the FAA to regulate only to the extent necessary, 
in relevant part, to protect the public health and safety and safety of 
property. The FAA is also responsible for encouraging, facilitating, 
and promoting commercial space launches by the private sector (51 
U.S.C. 50903).

I. Overview of Final Rule

    This action provides launch vehicle, tether system, and operational 
criteria required to conduct a safe tethered launch. Tethered launches 
that meet the criteria contained in this final rule are excluded from 
chapter III licensing, permitting, and waiver requirements.
    This rule defines a tether system as a device that contains launch 
vehicle hazards by physically constraining a launch vehicle in flight 
to a specified range from its launch point. It includes all components, 
from the point where the tether attaches to the vehicle to a solid 
base, that experience load during a tethered launch. For a tethered 
launch to be excluded from the FAA's licensing and permitting 
requirements, the tether system, including the points of attachment 
within the tether system, must:
     Not yield or fail under the maximum dynamic load on the 
system or two times the maximum potential engine thrust;
     Have a minimum safety factor of 3.0 for yield stress and 
5.0 for ultimate stress;
     Constrain the launch vehicle within 75 feet above ground 
level as measured from the ground to the attachment point of the 
vehicle to the tether;
     Display no damage prior to launch; and
     Be insulated or located such that it will not experience 
thermal damage due to the launch vehicle's exhaust.
    In addition, tethered operations must be carried out within 
specified separation distances based on the amount of propellant 
onboard a launch vehicle. Lastly, the launch vehicle must be unmanned, 
be powered by a liquid or hybrid engine, carry no more than 5,000 
pounds of propellant, and must not use any of the toxic propellants 
listed in Table I417-2 or I417-3 in Appendix I of part 417. The 
structural criteria mitigate the hazards that can compromise the 
structural integrity of the tether system. The vehicle requirements and 
operational criteria provide additional protection to the public by 
mitigating potential hazards posed by a tether system failure.
    This action alleviates burdens on both the vehicle operator and the 
FAA. The operator will no longer incur the costs associated with 
submitting a launch license application, permit application or petition 
for waiver under chapter III. Also, the operator will not incur the 
costs associated with any delay in processing applications or waivers. 
Finally, the FAA will not have to evaluate applications, conduct 
independent analyses, or issue licenses, permits or waivers.

II. Background

    On August 23, 2012, the FAA published a notice of proposed 
rulemaking (NPRM) (77 FR 50956) \1\ that proposed to exclude certain 
tethered launches from chapter III requirements if the tethered 
launches met specified safety criteria. The proposed criteria did not 
address the use of toxic propellants onboard a launch vehicle. During 
the NPRM comment period, the FAA received a comment stating the agency 
should revise the proposed rule to protect the public from the 
potential harm that could result from exposure to a toxic propellant. 
The FAA agreed that

[[Page 31832]]

it should have addressed toxic propellants in its proposal. As a 
result, in July 2014, the agency issued a supplemental notice of 
proposed rulemaking (SNPRM) \2\ proposing to require any launch 
operator using any of the toxic propellants identified in tables I417-2 
and I417-3 in Appendix I of part 417 to satisfy the chapter III 
requirements.
---------------------------------------------------------------------------

    \1\ Exclusion of Tethered Launches From Licensing Requirements, 
NPRM, 77 FR 50956 (Aug. 23, 2012).
    \2\ Exclusion of Tethered Launches From Licensing Requirements, 
SNPRM, 79 FR 42475 (July 22, 2014).
---------------------------------------------------------------------------

    In addition to the comment about toxic propellants, the FAA 
received other comments to the NPRM, which were discussed in the SNPRM. 
Two of the comments resulted in clarifications to the proposed rule and 
have been adopted in this final rule. First, the FAA removed the term, 
``established strength properties'' from Sec.  400.2(c)(2)(i) to better 
clarify the proposed requirement and preserve the original intent, 
which is to ensure that the tether system can withstand the maximum 
dynamic load placed on it without imposing on the launch operator the 
burden of determining strength properties. Second, the FAA revised 
Sec.  400.2(c)(2)(iii) to clarify that the maximum flight limit of 75 
feet for a tethered launch vehicle would be measured from the ground to 
a fully-extended tether's attachment point to a vertically-oriented 
vehicle.

III. Discussion of Public Comments to the SNPRM and Final Rule

    The comment period for the July 2014 SNPRM closed on September 22, 
2014. The FAA did not receive comments to the SNPRM. However, as noted 
under the ``Background'' section of this final rule, the agency did 
receive comments to the August 2012 NPRM, and provided detailed 
responses to them in the SNPRM. If you wish to review that information, 
refer to the ``Background'' section of the SNPRM.
    Because the FAA did not receive comments to the SNPRM, the agency 
adopts the amendments proposed in the SNPRM without change.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment 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 with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination is because the FAA has licensing authority over 
tethered launches, which are considered launches under chapter III 
unless they meet the definition of an amateur rocket launch.\3\ Today, 
to conduct such tethered non-amateur rocket launches, operators must 
obtain a launch license, experimental permit, or apply for a waiver 
from chapter III. Applying for waivers, licenses, and permits imposes a 
financial burden on vehicle operators and the FAA because of time and 
resources required to create and analyze these applications.
---------------------------------------------------------------------------

    \3\ Launches of amateur rockets are excluded from the 
requirements of chapter III. 14 CFR 400.2 (2015).
---------------------------------------------------------------------------

    The final rule establishes clear and simple criteria for an 
effective tether system, and vehicle and operational criteria as added 
measures to protect the public in the event of a tether system failure. 
Operators will not have to apply for a launch license, permit, or 
waiver from chapter III to conduct tethered launches of non-amateur 
rockets \4\ that meet the rule criteria for an effective tether system 
and the vehicle and operational criteria. Operators that meet the 
criteria will not have to incur the costs of applying for a launch 
license, permit, or waiver and will not have to sustain the costs 
associated with delay in the processing of these applications. The FAA 
will not have to conduct case-by-case analyses of tethered launches 
that meet the established criteria to verify public safety from a 
launch vehicle explosion or confirm that the tether system will not 
fail. Furthermore, launch operators that conduct tethered launches will 
not be compelled to follow the criteria in this final rule because they 
will still have the option of applying for a launch license, permit, or 
waiver under chapter III. Therefore, the final rule will impose no 
additional requirements on operators, but will provide an alternative 
to conducting a tethered launch under chapter III. If the operator 
deems it more cost effective or prefers to apply for a license, permit, 
or waiver than to follow the criteria listed here, the operator will 
have that option.
---------------------------------------------------------------------------

    \4\ Operators launching amateur rockets on a tether will still 
be subject to part 101 of chapter I and will continue to be excluded 
from chapter III.
---------------------------------------------------------------------------

    The FAA requested but received no comments on its conclusion in the 
NPRM that the rule would be cost relieving to operators and the FAA. 
The FAA then issued an SNPRM that revised the FAA's original proposal 
by excluding from chapter III only those eligible launches that do not 
use specified toxic propellants. Even with the change that was proposed 
in the SNPRM, the rule is still cost relieving relative to the current 
regulations. Tethered launches using toxic fuel will continue to comply 
with current chapter III requirements and incur no new costs. Operators 
launching vehicles that are eligible for the chapter III exclusion will 
still benefit from cost savings relative to the current chapter III 
requirements. The FAA concluded in the SNPRM that the rule would be 
cost relieving to operators and the FAA. The FAA did not receive any 
comments to the SNPRM.
    For the reasons discussed, the rule will be cost relieving to both 
operators and the FAA. The FAA has determined that this final rule is 
not a ``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this, agencies

[[Page 31833]]

are required to solicit and consider flexible regulatory proposals and 
to explain the rationale for their actions to assure that such 
proposals are given serious consideration.'' 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 rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the 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.
    This final rule is expected to provide an alternative to conducting 
tethered launches under chapter III and therefore could alleviate the 
financial burden of applying for a launch license, permit, or waiver to 
chapter III if an operator met the criteria. The expected outcome will 
therefore be either a cost saving impact or no impact on small entities 
affected by the rule. Even the change proposed in the SNPRM that 
launches using toxic propellants would have to continue to comply with 
chapter III will not impose costs, as operators conducting tethered 
launches currently have to comply with chapter III. Thus, the FAA 
concludes the rule will still have either a cost saving impact or no 
impact on small entities. The FAA did not receive comments when it 
reached this conclusion in both the SNPRM and NPRM.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
Therefore, as provided in section 605(b), the Administrator of the FAA 
certifies that this rulemaking will not result in a significant 
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. If a foreign 
launch operator conducts a tethered launch in the United States that 
meets the requirements of this final rule, it will be eligible for the 
exclusion from chapter III. The FAA has assessed the potential effect 
of this final rule and determined that it will have the same impact on 
domestic and international entities and thus have a neutral trade 
impact.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a final agency rule 
that may result in an expenditure of $100 million or more (in 1995 
dollars) 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 $151 million in lieu of $100 million. This 
final rule does not contain such a mandate; therefore, the requirements 
of Title II of the Act do not apply.

E. 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. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.
    Public comments: The FAA did not receive comments to the NPRM or 
the SNPRM on its determination that the proposed rule would not impose 
new paperwork requirements.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

G. Environmental

    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 rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f and involves no extraordinary 
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

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

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

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

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue

[[Page 31834]]

SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document, may contact its local FAA official, or the person listed 
under the FOR FURTHER INFORMATION CONTACT heading at the beginning of 
the preamble. To find out more about SBREFA on the Internet, visit 
http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 400

    Licensing, Safety, Space transportation and exploration.

14 CFR Part 401

    Space transportation and exploration.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter III of title 14, Code of Federal 
Regulations as follows:

PART 400--BASIS AND SCOPE

0
1. The authority citation for part 400 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.


0
2. Revise Sec.  400.2 to read as follows:


Sec.  400.2  Scope.

    The regulations in this chapter set forth the procedures and 
requirements applicable to the authorization and supervision under 51 
U.S.C. subtitle V, chapter 509, of commercial space transportation 
activities conducted in the United States or by a U.S. citizen. The 
regulations in this chapter do not apply to--
    (a) Space activities carried out by the United States Government on 
behalf of the United States Government;
    (b) The launch of an amateur rocket as defined in Sec.  1.1 of 
chapter I of this title; or
    (c) A launch of a tethered launch vehicle that meets all the 
following criteria:
    (1) Launch vehicle. The launch vehicle must--
    (i) Be unmanned;
    (ii) Be powered by a liquid or hybrid rocket motor;
    (iii) Not use any of the toxic propellants of Table I417-2 and 
Table I417-3 in Appendix I of part 417 of this chapter; and
    (iv) Carry no more than 5,000 pounds of propellant.
    (2) Tether system. The tether system must--
    (i) Not yield or fail under--
    (A) The maximum dynamic load on the system; or
    (B) A load equivalent to two times the maximum potential engine 
thrust.
    (ii) Have a minimum safety factor of 3.0 for yield stress and 5.0 
for ultimate stress.
    (iii) Constrain the launch vehicle within 75 feet above ground 
level as measured from the ground to the attachment point of the 
vehicle to the tether.
    (iv) Display no damage prior to the launch.
    (v) Be insulated or located such that it will not experience 
thermal damage due to the launch vehicle's exhaust.
    (3) Separation distances. The launch operator must separate its 
launch from the public and the property of the public by a distance no 
less than that provided for each quantity of propellant listed in Table 
A of this section.

           Table A--Separation Distances for Tethered Launches
------------------------------------------------------------------------
                                                          Distance (ft.)
                                                           of the public
                                                           and property
               Propellant carried  (lbs.)                  of the public
                                                             from the
                                                           launch point
------------------------------------------------------------------------
1-500...................................................             900
501-1,000...............................................           1,200
1001-1,500..............................................           1,350
1,501-2,000.............................................           1,450
2,001-2,500.............................................           1,550
2,501-3,000.............................................           1,600
3,001-3,500.............................................           1,650
3,501-4,000.............................................           1,700
4,001-4,500.............................................           1,750
4,501-5,000.............................................           1,800
------------------------------------------------------------------------

PART 401--ORGANIZATION AND DEFINITIONS

0
3. The authority citation for part 401 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.


0
4. Amend Sec.  401.5 by adding the definition of tether system in 
alphabetical order to read as follows:


Sec.  401.5  Definitions.

* * * * *
    Tether system means a device that contains launch vehicle hazards 
by physically constraining a launch vehicle in flight to a specified 
range from its launch point. A tether system includes all components, 
from the tether's point of attachment to the vehicle to a solid base, 
that experience load during a tethered launch.
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f) in 
Washington, DC, on May 18, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-13557 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-13-P