Regulatory Approach for Commercial Orbital Human Spaceflight, 24836-24837 [2011-10638]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24836-24837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10638]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 460


Regulatory Approach for Commercial Orbital Human Spaceflight

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a public meeting to solicit comments and 
information from the public on the regulatory approach to commercial 
orbital human spaceflight by the FAA. This public meeting is intended 
to aid the FAA in its regulatory effort by receiving early input from 
the affected community.

DATES: The meeting is scheduled for Thursday, May 26, 2011, starting at 
8:30 a.m. Eastern Daylight Time. Written comments submitted to the 
docket must be received no later than June 9, 2011.

ADDRESSES: DoubleTree by Hilton Hotel Cocoa Beach Oceanfront, 2080 
North Atlantic Avenue, Cocoa Beach, FL 32931.
    Persons who are unable to attend the meeting, or who otherwise wish 
to submit written comments, may send comments identified by Docket 
Number FAA-2011-0446 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.

FOR FURTHER INFORMATION CONTACT: Randy Repcheck, Deputy Division 
Manager, Regulations and Analysis Division, AST-300, Office of 
Commercial Space Transportation, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591, Telephone (202) 267-
8760, or e-mail at randy.repcheck@faa.gov; or Laura Montgomery, Senior 
Attorney for Commercial Space Transportation, Regulations Division, 
AGC-200, Office of the Chief Counsel, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591, Telephone (202) 
267-3150, or e-mail at laura.montgomery@faa.gov.

SUPPLEMENTARY INFORMATION: 51 U.S.C. Subtitle V, chapter 509 (Chapter 
509) authorizes the Secretary of Transportation and, through 
delegations, the FAA's Associate Administrator for Commercial Space 
Transportation, to oversee, license, and regulate both launches and 
reentries, and the operation of launch and reentry sites when carried 
out by U.S. citizens or within the United States. 51 U.S.C. 50904, 
50905. Chapter 509 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, 
and to encourage, facilitate, and promote commercial

[[Page 24837]]

space launch and reentry by the private sector. 51 U.S.C. 50905, 50903.
    The Commercial Space Launch Amendments Act of 2004 (CSLAA) assigned 
the FAA responsibility for regulating commercial human space flight. In 
December 2006, the FAA issued human space flight regulations in 
accordance with its authority to protect public health and safety. The 
CSLAA prohibits the FAA from proposing regulations governing the design 
or operation of a launch vehicle to protect the health and safety of 
crew and space flight participants until December 23, 2012, or until a 
design feature or operating practice has resulted in a serious or fatal 
injury, or contributed to an event that posed a high risk of causing a 
death or serious injury, to crew or space flight participants during a 
licensed or permitted commercial human space flight. 51 U.S.C. 
50905(c)(2) and (3). Until such time, the CSLAA only requires that a 
space flight participant be informed of the risks of taking a ride on a 
rocket. 51 U.S.C. 50905(b)(5). The FAA may also issue regulations 
setting reasonable requirements for space flight participants, 
including medical and training requirements. 51 U.S.C. 50905(b)(6).
    Because of recent changes in U.S. policy and the effect they have 
had on the commercial space transportation industry, the FAA is 
planning to propose regulations to protect the health and safety of 
crew and space flight participants for orbital human spaceflight as 
soon as circumstances require after December 23, 2012. This initiative 
is driven by the fact that the National Aeronautics and Space 
Administration (NASA) is planning to contract with the private sector 
to transport NASA astronauts to the International Space Station within 
a few years, and is in the process of developing requirements for its 
procurement of such services. The FAA's role in these flights is still 
in work, but the transport of private individuals to Earth orbit, which 
would require an FAA license, is expected to use the same space 
transportation systems.
    The FAA believes it is important to establish a regulatory 
foundation as early as possible to provide industry assurance that 
systems built to support NASA's missions will be compatible with future 
FAA regulations. The CSLAA mandates that any regulations governing the 
design or operation of a launch vehicle to protect the health and 
safety of crew and space flight participants must take into 
consideration the evolving standards of safety in the commercial space 
flight industry. 51 U.S.C. 50905(c)(3). We fully concur. When 
developed, the proposed regulations are planned to be a starting point 
for a regulatory regime that will evolve over time as the industry 
matures. Moreover, in order to facilitate the development of a 
successful commercial human space transportation industry, the FAA and 
NASA must develop complementary safety regimes for orbital human space 
flight. As noted above, NASA has already begun to develop requirements 
for its procurement of orbital transport services.
    The public meeting will allow a large cross-section of the 
interested public to share views with each other and the FAA, and 
assist the FAA in redefining the regulatory framework for orbital human 
spaceflight. The FAA will share its current philosophy, but is most 
interested in the public's view on a number of regulatory issues such 
as--
     What the appropriate regulatory scope and breadth should 
be,
     What the appropriate mix of performance-based, process-
based, and prescriptive requirements should be,
     What the appropriate level of safety the FAA should target 
with its regulations,
     What, if any, should be the medical requirements for space 
flight participants,
     How best to incorporate government and industry standards 
into the licensing process,
     How much flight testing should be required, and
     How much control over a spacecraft ground personnel and 
flight crew should have.
    Any member of the public may present oral statements at the 
meeting. For planning purposes please inform a person listed in the FOR 
FURTHER INFORMATION CONTACT section by May 20, 2011, although we will 
accommodate uncoordinated statements.
    Written comments are also welcome during or after the meeting, but 
must be submitted to the docket by June 9, 2011.
    Privacy: We will post all comments we receive, without change, to 
https://www.regulations.gov, including any personal information you 
provide. Using the search function of the docket web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for an association, business, labor union, 
etc.). You may review the Department of Transportation's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000, (65 FR 19477-78), or you may visit https://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
https://www.regulations.gov at any time and follow the online 
instructions for accessing the docket or Docket Operations in Room W12-
140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

    Issued in Washington, DC on April 26, 2011.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2011-10638 Filed 5-2-11; 8:45 am]
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