[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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--
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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]
BILLING CODE P