[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27473-27475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08156]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Launch of a Reentry Vehicle as a Payload That Requires a Reentry 
Authorization To Return to Earth

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This action provides notice that in general, the FAA will not 
authorize launch of a reentry vehicle as a payload that will require a 
reentry authorization to return to Earth unless the reentry vehicle 
operator has obtained the appropriate reentry authorization.

DATES: Applicable April 17, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Earle, Manager, Space 
Policy and Outreach Branch, (202) 267-8379.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commercial Space Launch Act of 1984, as codified and amended at 
51 U.S.C.--Commercial Space Transportation, chapter 509, Commercial 
Space Launch Activities, 51 U.S.C. 50901-50923 (the Act), authorizes 
the DOT 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 United States (U.S.) 
citizens or within the U.S. Consistent with the authority conferred 
under 51 U.S.C. chapter 509, the FAA reviews payloads to be launched or 
reentered under an FAA license to determine the effect of the payload's 
launch or reentry on public health and safety, safety of property, U.S. 
national security or

[[Page 27474]]

foreign policy interests, or international obligations of the United 
States. Applicants seeking a vehicle operator license under 14 CFR part 
450 must receive a favorable payload determination under Sec.  450.43 
if they propose to carry a payload on their vehicle. Operators seeking 
to launch or reenter a payload under a legacy license \1\ (14 CFR part 
415, 417, 431, or 435) must receive a favorable payload determination 
under subpart D of part 415 or 431.
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    \1\ The FAA refers to licenses issued under these parts as 
``legacy licenses,'' as they will be removed from the CFR on March 
10, 2026. After that time, all operators must demonstrate compliance 
with part 450. See 85 FR 79566.
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    Restrictions on launches, operations, and reentries include the 
following under 51 U.S.C. 50904:

Launch and Reentry License Requirements

     A person or citizen of the United States must obtain a 
license from the FAA to launch a launch vehicle or to reenter a reentry 
vehicle in the United States or anywhere in the world, respectively. 51 
U.S.C. 50904(a).

Compliance With Payload Requirements

     The holder of a license or permit under this chapter may 
launch or reenter a payload only if the payload complies with all 
requirements of the laws of the United States related to launching or 
reentering a payload. 51 U.S.C. 50904(b).

Preventing Launches and Reentries

     The Secretary of Transportation shall establish whether 
all required licenses, authorizations, and permits required for a 
payload have been obtained. If no license, authorization, or permit is 
required, the Secretary may prevent the launch or reentry if the 
Secretary decides the launch or reentry would jeopardize the public 
health and safety, safety of property, or national security or foreign 
policy interest of the United States. 51 U.S.C. 50904(c).
    The FAA's payload review and determination regulations are 
consistent with the statutory requirements.

II. Payload Review and Determination

    A payload means an object that a person undertakes to place in 
outer space such as in Earth orbit by means of a launch vehicle, 
including components of the vehicle specifically designed or adapted 
for that object. 14 CFR 401.7. Applicants seeking a vehicle operator 
license under 14 CFR part 450 must receive a favorable payload 
determination in accordance with Sec.  450.43 if they propose to carry 
a payload on their vehicle.\2\ In accordance with Sec.  450.43(a)(1) 
and (a)(2),\3\ the FAA issues a favorable payload determination for a 
launch or reentry to a license applicant or payload owner or operator 
if--
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    \2\ Applicants operating under the legacy requirements must 
receive a favorable payload determination in accordance with 14 CFR 
part 415 subpart D.
    \3\ These requirements are mirrored in 14 CFR 415.51 and 415.61 
of the legacy requirements.
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    (1) The applicant, payload owner, or payload operator has obtained 
all required licenses, authorizations, and permits; and
    (2) Its launch or reentry would not jeopardize public health and 
safety, safety of property, U.S. national security or foreign policy 
interests, or international obligations of the United States.\4\
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    \4\ While the FAA would review all payloads to determine their 
effect on the safety of launch, the FAA per Sec.  450.43(b) will not 
make a determination on those aspects of payloads that are subject 
to regulation by the Federal Communications Commission (FCC) or the 
Department of Commerce or on payloads owned or operated by the U.S. 
Government. Furthermore, in accordance with Sec.  450.43(c), the FAA 
may review and issue findings regarding a proposed class of payload. 
However, prior to a launch, each payload is subject to verification 
by the FAA that its launch would not jeopardize public health and 
safety, safety of property, U.S. national security or foreign policy 
interests, or international obligations of the United States.
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    The FAA's regulatory criteria for issuing a favorable payload 
determination or denying a payload determination per Sec.  450.43(g) is 
consistent with 51 U.S.C. 50904(b) and (c). It therefore follows that 
denial of a payload determination may be tied to a payload owner or 
operator not obtaining all required licenses or authorizations, which 
then leads to potential safety concerns as discussed further below.

III. Payload Owner or Payload Operator Has Not Obtained all Required 
Licenses or Authorizations

    A reentry vehicle may be launched as a payload and return to Earth 
as a reentry vehicle with the appropriate reentry authorization. A 
reentry vehicle means a vehicle designed to return from Earth orbit or 
outer space to Earth substantially intact. 14 CFR 401.7. For the launch 
phase, the reentry vehicle is also a payload being transported or 
carried aloft by the launch vehicle. For the reentry phase, it is a 
reentry vehicle designed to return purposefully to Earth substantially 
intact under the appropriate reentry authorization. To reenter a 
reentry vehicle, an operator must obtain a vehicle operator license in 
accordance with part 450 or a reentry license in accordance with part 
435. Therefore, an applicant, payload owner, or payload operator of a 
reentry vehicle that will be launched as a payload and will return to 
Earth must satisfy both the payload review requirements in 14 CFR 
450.43 for the launch phase and the reentry requirements in part 450 or 
part 435 for the reentry phase. An applicant, payload owner, or payload 
operator would not meet Sec.  450.43(a)(1) for such a payload if they 
have not received the authorization or FAA license necessary to conduct 
its reentry. The FAA discusses the safety reasons for requiring a 
reentry authorization for such a payload in the following section.

IV. Concerns Associated With Launch of a Reentry Vehicle Without 
Reentry Authorization

    1. Substantially Intact: Unlike typical payloads designed to 
operate in outer space, a reentry vehicle has primary components that 
are designed to withstand reentry substantially intact and therefore 
have a near-guaranteed ground impact as a result of either a controlled 
reentry or a random reentry.
    2. Public Risk: During controlled reentry, under an FAA license, 
the risk to the public is established not to exceed a one in ten 
thousand expected casualty in accordance with Sec.  450.101(b)(1)(i). 
Although the FAA does not currently regulate uncontrolled random 
atmospheric reentries, the standard U.S. and international risk 
standard for that activity is also one in ten thousand expected 
casualties. Risk of an authorized controlled reentry of a reentry 
vehicle is typically managed through appropriate reentry site selection 
and hazard area clearing procedures. A random reentry results in risks 
to populated and remote areas, yet it does not afford for any hazard 
area clearing such as for airspace. Therefore, a random reentry of a 
reentry vehicle that has not been authorized will likely result in 
risks above those accepted for FAA licensed-reentry operations.
    3. Limited Options: Once a reentry vehicle has been launched, there 
are limited options for the safe reentry of the vehicle because it is 
already in orbit and may be constrained by orbital lifetime, 
reliability of safety critical systems, orbital decay, available 
propellant or power, or other factors. Options to modify the reentry 
(e.g., move the landing or impact location, change the deorbit 
trajectory, move the vehicle to a disposal orbit) may also be limited 
once in orbit. Placing a reentry vehicle in a disposal orbit above 2000 
km will not likely be feasible because it may be cost prohibitive, or 
the vehicle may not have sufficient propellant to raise its orbit. Even 
if possible, this would add to the debris environment.

[[Page 27475]]

Therefore, it is crucial to evaluate the safety of the reentry prior to 
launch. This way, the FAA is able to work with the reentry operator to 
meet the required risk and other criteria.
    4. Payload Review: A payload review for the launch of a launch 
vehicle carrying a reentry vehicle would include verifying that the 
reentry vehicle operator has obtained the necessary reentry license or 
authorization. If reentry authorization has not been received at the 
time of launch of the reentry vehicle, the FAA would deny a favorable 
payload determination in accordance with 14 CFR 450.43(g).

Conclusion

    In general, the FAA will not authorize launch of a reentry vehicle 
unless the appropriate reentry authorization has been obtained by the 
reentry vehicle operator, in accordance with the FAA's statutory 
authority and payload review and determination regulations where denial 
of a payload determination may be tied to a payload owner or operator 
not obtaining all required licenses or authorizations in accordance 
with Sec.  450.43(a)(1). Launch of a reentry vehicle without an 
authorization for reentry would pose safety concerns that are designed 
to be addressed by the reentry licensing process.

James A. Hatt,
Space Policy Division Manager, Office of Commercial Space 
Transportation.
[FR Doc. 2024-08156 Filed 4-16-24; 8:45 am]
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