[Federal Register Volume 91, Number 145 (Thursday, July 30, 2026)]
[Proposed Rules]
[Pages 47997-48002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15415]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 400, 420, 433, 437, 450
[Docket No. FAA-2026-8614; Notice No. 26-11]
RIN 2120-AM51
Waiver of Specified Statutory Requirements for Commercial Space
Launch and Reentry Actions
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FAA proposes to amend its commercial space licensing
regulations to streamline the licensing process and reduce regulatory
burden for applicants. Specifically, FAA proposes to invoke the
Secretary of Transportation's statutory authority to waive requirements
of laws of the U.S. for a license or permit, after consultation with
the head of the appropriate executive agency, when the requirement is
not necessary to protect the public health and safety, safety of
property, and national security and foreign policy interests of the
United States. FAA proposes waiving requirements under 13 laws for
commercial space licenses and permits to operate a launch site,
licenses to operate a reentry site, experimental permits, and licenses
to operate a launch or reentry vehicle.
DATES: Send comments on or before August 31, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-8614
using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations: U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, 5th
Floor (W58-213), Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building, 5th Floor, at 1200 New
Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building 5th Floor at 1200 New Jersey Avenue SE, Washington,
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Randy Repcheck, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-9677; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Executive Order 14335
On August 13, 2025, President Trump signed Executive Order
``Enabling Competition in the Commercial Space Industry'' (E.O.
14335).\1\ As detailed in E.O. 14335, the U.S. must facilitate
efficient launches, reentries, and missions in space to continue
enhancing economic growth, national security, and accomplish Federal
space objectives. To achieve this objective and maintain American
leadership in the commercial space industry, the U.S. will streamline
approvals for commercial space licenses and permits.
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\1\ 90 FR 40219 (Aug. 19, 2025).
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B. Statement of the Problem
In accordance with section 3(a) of E.O. 14335, FAA is exploring the
use of all available authorities to eliminate or expedite environmental
reviews and other obstacles from licenses to operate launch and reentry
vehicles, licenses to launch and reentry sites, and experimental
permits. Specifically, under section 50905(b)(2)(C) of title 51 of the
United States Code (U.S.C.) the Secretary of Transportation may
prescribe by regulation that a requirement of a law of the U.S. not be
a requirement for a license or permit if the Secretary, after
consulting with the head of the appropriate executive agency, decides
the requirement is not necessary to protect the public health and
safety, safety of property, and national security and foreign policy
interests of the United States.
II. Authority for This Rulemaking
The Commercial Space Launch Act of 1984, as amended and codified at
51 U.S.C. 50901-50924, authorizes the Secretary of Transportation to
oversee, license, and regulate commercial launch and reentry
activities, and the operation of launch and reentry sites within the
United States (U.S.) or as carried out by U.S. citizens. Section 50905
directs the Secretary 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. In addition, section
50903 requires the Secretary to encourage, facilitate, and promote
commercial space launches and reentries by the private sector. As
codified in 49 CFR 1.83(b), the Secretary has delegated authority to
the FAA Administrator to carry out these functions.
Finally, under 51 U.S.C. 50905(b)(2)(C), the Secretary of
Transportation may prescribe by
[[Page 47998]]
regulation that a requirement of a law of the U.S. not be a requirement
for a license or permit if the Secretary, after consulting with the
head of the appropriate executive agency, decides the requirement is
not necessary to protect the public health and safety, safety of
property, and national security and foreign policy interests of the
United States.
III. Background
Chapter III of title 14 of the Code of Federal Regulations (14 CFR)
sets 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, with certain exceptions.\2\ The issuance
of licenses to operate a launch site (part 420), licenses to operate a
reentry site (part 433), experimental permits (part 437), and licenses
for the operation of launch and reentry vehicles (part 450),
respectively, constitutes a major Federal action under NEPA, which
triggers an environmental review that may be extensive.\3\ In
accordance with Sec. Sec. 420.15, 433.7, 437.21, and 450.47, an
applicant must provide the FAA with information needed to show that the
FAA complies with the procedures and policies of NEPA and other
applicable environmental laws, regulations, and Executive Orders. These
respective sections also require that, if a Categorical Exclusion
(CATEX) \4\ does not apply to the proposed action, an applicant must
prepare an Environmental Assessment (EA), assume financial
responsibility for preparation of an Environmental Impact Statement
(EIS), or provide information to support a written re-evaluation of a
previously submitted EA or EIS, when directed by the FAA. While FAA
strives to complete these environmental reviews expeditiously, these
environmental reviews for each license to operate a launch site,
license to operate a reentry site, experimental permit, and license to
operate a launch or reentry vehicle can involve multiple statutes and
agencies, sometimes leading to duplicative processes and delay for
near-term launch operations.
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\2\ 14 CFR 400.2(a) through (c) set forth the exceptions to the
scope of Chapter III.
\3\ These four types of authorizations are collectively referred
to in this document as ``commercial space license(s) or permit(s).''
\4\ National Environmental Policy Act of 1969, as amended,
defines a categorical exclusion as a category of actions that a
Federal agency has determined normally does not significantly affect
the quality of the human environment within the meaning of 42 U.S.C.
4332(2)(C). 42 U.S.C. 4336(e).
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As the Supreme Court explained in Seven County Infrastructure Coal
v. Eagle County,
NEPA has transformed from a modest procedural requirement into a
blunt and haphazard tool employed by project opponents (who may not
always be entirely motivated by concern for the environment) to try
to stop or at least slow down new infrastructure and construction
projects. . . . All of that has led to more agency analysis of
separate projects, more consideration of attenuated effects, more
exploration of alternatives to proposed agency action, more
speculation and consultation and estimation and litigation. Delay
upon delay, so much so that the process sometimes seems to
``borde[r] on the Kafkaesque.'' Vermont Yankee, 435 U. S., at 557.
Fewer projects make it to the finish line. Indeed, fewer projects
make it to the starting line. Those that survive often end up
costing much more than is anticipated or necessary, both for the
agency preparing the EIS and for the builder of the project. And
that in turn means fewer and more expensive railroads, airports,
wind turbines, transmission lines, dams, housing developments,
highways, bridges, subways, stadiums, arenas, data centers, and the
like. And that also means fewer jobs, as new projects become
difficult to finance and build in a timely fashion.\5\
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\5\ Seven County Infrastructure Coal v. Eagle County, 605 U.S.
168, 183 (2025).
And just as the Supreme Court recognized a need for a ``course
correction'' in the judicial review of NEPA,\6\ so too has DOT and FAA
identified a need for course correction in application of NEPA and
other related laws to the commercial space licensing and permitting
process.
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\6\ Id. at 184.
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Therefore, FAA proposes to exercise the Secretary's statutory
authority to reduce regulatory barriers to obtaining a commercial space
license or permit and eliminate environmental review processing while
protecting public health and safety, safety of property, and national
security interests and foreign policy interests of the U.S. Because the
Secretary of Transportation's authority to waive certain laws under 51
U.S.C. 50905 applies broadly to commercial space licenses or permits,
the Secretary finds this authority extends to waive laws applicable to
licenses to operate a launch site, licenses to operate a reentry site,
experimental permits, and licenses to operate launch and reentry
vehicles.\7\ The Secretary proposes that the identified provisions of
the following 13 laws may not be necessary in some or all licensing
circumstances to protect public health and safety, safety of property,
national security, or foreign policy interests of the United States in
the context of commercial space licenses and permits.
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\7\ The authority under paragraph (b)(2)(C) authorizes waiver
via regulation of requirements for a ``license or permit. . .''
Therefore, FAA finds that licenses to operate a launch site and
reentry site, experimental permits, and licenses to operate launch
and reentry vehicles fall squarely within the Secretary's
jurisdiction to waive under section 50905(b)(2)(C).
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1. 42 U.S.C. 4321 et seq. (National Environmental Policy Act);
2. 49 U.S.C. 303(f) (U.S. Department of Transportation Act);
3. 16 U.S.C. 1531 et seq. (Endangered Species Act);
4. 33 U.S.C. 1251 et seq. (Clean Water Act);
5. 16 U.S.C. 1451 et seq. (Coastal Zone Management Act);
6. 42 U.S.C. 7401 et seq. (Clean Air Act);
7. 54 U.S.C. 300101 et seq. (National Historic Preservation Act);
8. 16 U.S.C. 1361 et seq. (Marine Mammal Protection Act);
9. 16 U.S.C. 1801 et seq. (Magnuson-Stevens Fishery Conservation
and Management Act);
10. 16 U.S.C. 1271 et seq. (Wild and Scenic Rivers Act);
11. 42 U.S.C. 4901 et seq. (Noise Control Act of 1972);
12. 33 U.S.C. 401 et seq. (Rivers and Harbors Act); and
13. 16 U.S.C. 1431 et seq. (National Marine Sanctuaries Act).
Other Federal agencies may take actions that authorize and
facilitate launch and reentry operations, subject to the CSLA and
subject to NEPA, and are required to support an FAA license or permit
and the resulting operations. For example, many commercial space launch
and reentry operations take place at Federal sites owned or operated by
the Federal Government such as the National Aeronautics and Space
Administration (NASA), the U.S. Department of the Air Force (DAF), and
other agencies. To operate from a Federal site, operators must first
enter into an agreement, such as a real property agreement, with the
Federal custodian (e.g., NASA or DAF). The execution of a real property
agreement or other instrument that allows substantial modification of a
site or commercial space launch and reentry operations is often a major
Federal action subject to NEPA given the Federal agency's substantial
Federal control and responsibility over the action and the potential
for significant impacts to the human environment.\8\ Waiving NEPA only
for the commercial space licensing and permitting actions covered under
Chapter 509 would merely shift the responsibility for leading the NEPA
review and ensuring
[[Page 47999]]
compliance with other requirements from one executive agency to
another. Therefore, the Secretary proposes that the requirements
associated with the provisions of the prior 13 laws also may not be
necessary to protect public health and safety, safety of property,
national security, or foreign policy interests of the United States in
the context of commercial space licenses and permits in the following
licensing or permitting circumstances including, but not limited to:
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\8\ 14 CFR 1216.302(c).
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(1) Issuance, renewal, or modification of Chapter 509 Licenses or
Experimental Permits;
(2) Authorizing airspace closures in accordance with FAA Order
7400.2R, Procedures for Handling Airspace Matters;
(3) Unconditional or mixed Airport Layout Plan (ALP) approval of
airport development for which the FAA has ALP approval authority under
49 U.S.C. 47107(a)(16) and Sec. 47107(x).);
(4) Lease of land to operator from a Federal site.
Pursuant to the procedural requirements of 51 U.S.C.
50905(b)(2)(C), during the pendency of this rulemaking, the FAA will
consult with the heads of appropriate executive agencies, including the
Council on Environmental Quality, the Environmental Protection Agency,
the Department of the Interior, the Department of Commerce, NASA,
Department of War, and the Advisory Council on Historic Preservation,
as applicable, on the Secretary's determination that the enumerated
requirements are not necessary to protect the public health and safety,
safety of property, and national security and foreign policy interests
of the United States.
To effectuate the waiver of these laws to the commercial space
licenses and permits across several FAA parts (i.e., parts 420, 433,
437, and 450), FAA proposes a new 14 CFR 400.3, titled General
Waiver,\9\ which would set forth the applicability provision (i.e.,
parts 420, 433, 437, and 450) of the waiver in proposed Sec. 400.3(a),
identify the specific laws that will no longer be a requirement for
such licenses and permits in proposed Sec. 400.3(b), and apply waiver
of the laws in paragraph (b) to related actions outside of 14 CFR
chapter III (i.e., the preceding list of four licensing or permitting
circumstances) in proposed Sec. 400.3(c). FAA also proposes conforming
amendments to Sec. Sec. 420.15(b), 433.7, 437.21(b)(1), and 450.47, to
cross-reference the exceptions that would be set forth in proposed
Sec. 400.3.
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\9\ While the authority in 51 U.S.C. 50905(b)(2)(C) may
colloquially be referred to as a general waiver authority, the
Secretary has separate authority to waive a requirement as long as
the Secretary determines the waiver is in the public interest and
will not jeopardize public health and safety, safety of property,
and national security and foreign policy interests of the United
States. 51 U.S.C. 50905(b)(3); see also 14 CFR part 404. These are
two distinct waiver authorities with distinct implementation
processes.
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FAA invites comments on the Secretary's proposed waiver of these
laws. FAA also invites comment on other requirements not included that
are not necessary, for example: Ocean Dumping Act (33 U.S.C. 1401-1445;
40 CFR 220-229); Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.); Safe Drinking
Water Act (42 U.S.C. 300f-300j-26; 40 CFR 141-143); Resource
Conservation and Recovery Act (42 U.S.C. 6901-6992k; 40 CFR 239-282);
Toxic Substances Control Act (15 U.S.C. 2601-2692; 40 CFR 700-799);
Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.); Migratory
Bird Treaty Act (16 U.S.C. 703 et seq.); and National Wildlife Refuge
System Administration Act (16 U.S.C. 668dd et seq.).
Further, FAA seeks comment on the following specific areas of
interest:
a. Should applicability be scoped to specific Federal sites,
licensed launch and reentry sites, or exclusive use sites?
b. Are any specific launch and reentry sites so differently
situated that they warrant different treatment?
c. How have the 13 laws identified for waiver in this proposed rule
applied, in the launch and reentry site/launch and reentry context, to
reduce a legally cognizable environmental harm? FAA encourages
providing quantifiable, technical data to support a response.
d. How would application of these waivers further Congress's
purpose to ``promote economic growth and entrepreneurial activity
through use of the space environment''? \10\
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\10\ 51 U.S.C. 50901(b)(1).
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e. Would exempting launch and reentry/launch and reentry site
development from these laws fulfill Congress's mandate to ``simplify
and expedit[e] the issuance and transfer of commercial licenses''? \11\
If so, how?
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\11\ 51 U.S.C. 50905(b)(2).
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f. Would exempting launch and reentry/launch and reentry site
development from these laws fulfill Congress's mandate to ``facilitate
the strengthening and expansion of the United States space
transportation infrastructure''? \12\ If so, how?
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\12\ 51 U.S.C. 50905(b)(4).
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IV. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
E.O. 12866 (``Regulatory Planning and Review'') and E.O. 13563
(``Improving Regulation and Regulatory Review'') require agencies to
regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' The Office of Management and Budget has determined that this
proposed rulemaking is a significant regulatory action as defined in
section (3)(f) of E.O. 12866.
FAA expects the streamlining of its commercial space licensing
regulations would significantly reduce the time required to obtain
commercial space licenses and permits. Furthermore, there would be
significant reductions in costs and time to draft and obtain the
necessary approvals related to developing the currently required EAs
and EISs. The FAA invites comments on the expected savings from these
proposals, as well as any other costs or cost savings.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240,), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This proposed rule would amend commercial space licensing and
permitting regulations to streamline the licensing and permitting
process and reduce regulatory burden for applicants. Therefore, there
are no significant economic impacts to small entities.
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) and based on the foregoing,
the head of FAA certifies that this rulemaking would not result in a
significant economic impact on a substantial number of small entities.
[[Page 48000]]
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, they be the basis for U.S. standards.
FAA has assessed the potential effect of this proposed rule and
determined that it would not create unnecessary obstacles to the
foreign commerce of the United States.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. FAA determined the proposed rule would not result in the
expenditure of $193,000,000 or more ($100,000,000 adjusted for
inflation using the most current Implicit Price Deflator for the Gross
Domestic Product) by State, local, or Tribal governments, in the
aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
FAA consider the impact of paperwork and other information collection
burdens imposed on the public. FAA has determined there would be no new
requirement for information collection associated with this proposed
rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, the FAA generally seeks to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices (SARPs) to the maximum extent practicable. As
part of the final rule, the FAA anticipates determining whether this
rule affects FAA's conformity with any SARPs or other international
obligations and invites public comments on this question.
G. Environmental Analysis
The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321-4347) requires Federal agencies to consider the environmental
impacts of their actions in the decision-making process. DOT Order
5610.1D, DOT's Procedures for Considering Environmental Impacts (90 FR
29621, July 3, 2025), establishes DOT's procedures and practices for
implementing NEPA. In addition, FAA Order 1050.1G, FAA National
Environmental Policy Act Implementing Procedures (90 FR 29615, July 3,
2025), establishes FAA's policies and procedures for the evaluation of
environmental impacts under NEPA. Appendix B of FAA Order 1050.1G
identifies FAA's categorical exclusions. Categorical exclusions are
categories of actions that the agency has determined normally do not
significantly affect the quality of the human environment within the
meaning of section 102(2)(C) of NEPA and therefore do not require
either an environmental assessment (EA) or environmental impact
statement (EIS). See NEPA Sec. 4336e(1) and DOT Order 5610.1D Sec. 9.
In analyzing the applicability of a categorical exclusion, the agency
must also consider whether extraordinary circumstances are present that
would warrant the preparation of an EA or EIS. See DOT Order 5610.1D
Sec. 9(b). FAA has evaluated this NPRM in accordance with NEPA, DOT
Order 5610.1D, and FAA Order 1050.1G. The FAA has determined that this
NPRM does not constitute a major Federal action significantly affecting
the quality of the human environment. A detailed environmental analysis
is not required because this NPRM qualifies for the categorical
exclusion identified in FAA Order 1050.1G, Appendix B, Paragraph B-
2.6(d) for notices of proposed regulations and do not involve any
extraordinary circumstances. The publication of a regulatory proposal
is procedural, informational, and without environmental effects; it is
not operative and does not normally have a significant effect on the
environment. By its nature, a proposed rule is not the type of final
action to which NEPA attaches. A final decision on the level of NEPA
analysis required will be made at the final rule stage.
V. E.O. Determinations
A. E.O. 13132, Federalism
FAA has analyzed this proposed rule under the principles and
criteria of E.O. 13132, Federalism. FAA has determined this action
would 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, would not have federalism implications.
B. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
Consistent with E.O. 13175, Consultation and Coordination with
Indian Tribal Governments,\13\ and FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation Policy and Procedures,\14\ FAA
ensures Federally Recognized Tribes (Tribes) are given the opportunity
to provide meaningful and timely input regarding proposed Federal
actions that have the potential to affect uniquely or significantly
their respective Tribes. During the pendency of the rulemaking and
comment period to inform the final rule, FAA will identify any unique
or significant effects, environmental or otherwise, on Tribes and
engage as necessary.
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\13\ 65 FR 67249 (November 6, 2000).
\14\ FAA Order No. 1210.20 (January 28, 2004), available at
www.faa.gov/documentLibrary/media/1210.pdf.
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C. E.O. 13211, Regulations That Significantly Affect Energy Supply,
Distribution, or Use
FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). FAA has determined it would not be
a ``significant energy action'' under the E.O. and would not be likely
to have a significant adverse effect on the supply, distribution, or
use of energy.
D. E.O. 13609, Promoting International Regulatory Cooperation
E.O. 13609, Promoting International Regulatory Cooperation,
promotes international regulatory cooperation to (1) meet shared
challenges involving health, safety, labor, security, environmental,
and other issues and to reduce, eliminate, or (2) prevent unnecessary
differences in regulatory requirements. FAA has analyzed this action
under the policies and agency responsibilities of E.O. 13609 and has
determined this action may effect
[[Page 48001]]
international regulatory cooperation; FAA will address those effects
during the pendency of this rulemaking and the final rule stage.
E. E.O. 14192, Unleashing Prosperity Through Deregulation
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.
VI. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. FAA also invites comments
relating to the economic, environmental, 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. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rule. Before acting on this proposal, FAA will
consider all comments it receives on or before the closing date for
comments. FAA will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
FAA may change this proposal in light of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to inform its rulemaking process better. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
is relevant or responsive to this NPRM, it is important you clearly
designate the submitted comments as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to the person in the FOR FURTHER INFORMATION CONTACT section of
this document. Any commentary FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, a plain language summary of the proposed rule,
all comments received, any final rule, and all background material may
be viewed online at www.regulations.gov using the docket number listed
above. Electronic retrieval help and guidelines are available on the
website. It is available 24 hours each day, 365 days each year. An
electronic copy of this document may also be downloaded from the Office
of the Federal Register's website at www.federalregister.gov and the
Government Publishing Office's website at www.govinfo.gov. A copy may
also be found at FAA's Regulations and Policies website at www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. Requests
must identify the docket or notice number of this rulemaking.
All documents FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(Pub. L. 104 121, 110 Stat. 857, Mar. 29, 1996) requires 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 www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 400
Space transportation and exploration.
14 CFR Part 420
Environmental protection, Reporting and recordkeeping requirements,
Space transportation and exploration.
14 CFR Part 433
Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.
14 CFR Part 437
Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Space transportation and exploration.
14 CFR Part 450
Aircraft, Aviation safety, Environmental protection,
Investigations, Reporting and recordkeeping requirements, Space
transportation and exploration.
The Proposed Amendments
For the reasons discussed in the preamble, the Federal Aviation
Administration proposes to amend chapter III of title 14, Code of
Federal Regulations as follows:
[PART 400--BASIS AND SCOPE
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1. The authority citation for part 400 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
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2. Add a new Sec. 400.3 to read as follows:
Sec. 400.3 General Waiver.
(a) This section applies to licenses to operate a launch site under
part 420 of this chapter, licenses to operate a reentry site under part
433 of this chapter, experimental permits under part 437 of this
chapter, and licenses to operate a launch or reentry vehicle under part
450 of this chapter issued or modified on or after [EFFECTIVE DATE OF
FINAL RULE].
(b) The requirements of the following Federal laws and associated
implementing regulations shall not apply to a license or permit as set
forth in paragraph (a) of this section:
(1) 42 U.S.C. 4321, et seq (National Environmental Policy Act);
(2) 49 U.S.C. 303(f) (U.S. Department of Transportation Act);
(3) 16 U.S.C. 1536 (Endangered Species Act);
(4) 33 U.S.C. 1341, 1344 (Clean Water Act);
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(5) 16 U.S.C. 1456 (Coastal Zone Management Act);
(6) 42 U.S.C. 7506(c) (Clean Air Act);
(7) 54 U.S.C. 306108 (Section 106 of the National Historic
Preservation Act);
(8) 16 U.S.C. 1371, 1374 (Marine Mammal Protection Act);
(9) 16 U.S.C. 1855(b)(2) (Magnuson-Stevens Fishery Conservation and
Management Act);
(10) 16 U.S.C. 1276(d)(1); 1283(a) (Wild and Scenic Rivers Act);
(11) 42 U.S.C. 4903 (Noise Control Act of 1972);
(12) 33 U.S.C. 403 (Rivers and Harbors Act); and
(13) 16 U.S.C. 1434(d) (National Marine Sanctuaries Act).
(c) The requirements of Federal laws and any implementing
regulations as set forth in paragraph (b) of this section shall not
apply to a license or permit requirement associated with:
(1) Issuance, renewal, or modification of Chapter 509 Licenses or
Experimental Permits;
(2) Authorizing airspace closures in accordance with FAA Order
7400.2R, Procedures for Handling Airspace Matters;
(3) Unconditional or mixed Airport Layout Plan (ALP) approval of
airport development for which the FAA has ALP approval authority under
49 U.S.C. 47107(a)(16) and Sec. 47107(x); and
(4) Lease of land to operator from a Federal site.
PART 420--LICENSE TO OPERATE A LAUNCH SITE
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3. The authority citation for part 420 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
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4. Amend Sec. 420.15 by revising paragraph (b) to read as follows:
Sec. 420.15 Information requirements.
* * * * *
(b) Environmental. Except as provided in Sec. 400.3 of this
chapter, the FAA is responsible for complying with the procedures and
policies of the National Environmental Policy Act (NEPA) and other
applicable environmental laws, regulations, and Executive Orders prior
to issuing a launch site operator license. An applicant must provide
the FAA with information needed to comply with such requirements. The
FAA will consider and document the potential environmental effects
associated with issuing a launch site operator license.
* * * * *
PART 433--LICENSE TO OPERATE A REENTRY SITE
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5. The authority citation for part 433 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
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6. Amend Sec. 433.7 by revising paragraph (a) to read as follows:
Sec. 433.7 Environmental.
(a) General. Except as provided in Sec. 400.3 of this chapter, the
FAA is responsible for complying with the procedures and policies of
the National Environmental Policy Act (NEPA) and other applicable
environmental laws, regulations, and Executive Orders prior to issuing
a reentry site operator license. An applicant must provide the FAA with
information needed to comply with such requirements. The FAA will
consider and document the potential environmental effects associated
with issuing a reentry site operator license.
* * * * *
PART 437--EXPERIMENTAL PERMITS
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7. The authority citation for part 437 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
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8. Amend Sec. 437.21 by revising paragraph (b)(1)(i) to read as
follows:
Sec. 437.21 General.
* * * * *
(b) Other regulations--(1) Environmental--(i) General. Except as
provided in Sec. 400.3 of this chapter, the FAA is responsible for
complying with the procedures and policies of the National
Environmental Policy Act (NEPA) and other applicable environmental
laws, regulations, and Executive Orders prior to considering and
documenting the potential environmental effects associated with
proposed reusable suborbital vehicle launches or reentries. An
applicant must provide the FAA with information needed to comply with
such requirements. The FAA will consider and document the potential
environmental effects associated with proposed reusable suborbital
vehicle launches or reentries.
* * * * *
PART 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS
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9. The authority citation for part 450 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
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10. Amend Sec. 450.47 by revising paragraph (a) to read as follows
Sec. 450.47 Environmental review.
(a) General. Except as provided in Sec. 400.3 of this chapter, the
FAA is responsible for complying with the procedures and policies of
the National Environmental Policy Act (NEPA) and other applicable
environmental laws, regulations, and Executive Orders prior to issuing
a launch or reentry license. An applicant must provide the FAA with
information needed to comply with such requirements. The FAA will
consider and document the potential environmental effects associated
with issuing a vehicle operator license consistent with paragraph (b)
of this section.
* * * * *
Issued in Washington, DC.
Sean P. Duffy,
Secretary of Transportation.
[FR Doc. 2026-15415 Filed 7-28-26; 4:15 pm]
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