U.S. Commercial Space Launch Competitiveness Act Incorporation, 56546-56563 [2023-16858]

Download as PDF 56546 Proposed Rules Federal Register Vol. 88, No. 159 Friday, August 18, 2023 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. accordance with the United States Commercial Space Launch Competitiveness Act. Finally, this proposed rule would move the templates for waiver of claims to an advisory circular. Comments are due on or before October 17, 2023. DATES: DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 401, 413, 415, 431, 435, 437, 440, 450, and 460 [Docket No.: FAA–2023–1656; Notice No. 23–11] RIN 2120–AL19 U.S. Commercial Space Launch Competitiveness Act Incorporation Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This proposed rule would incorporate various changes required by the United States Commercial Space Launch Competitiveness Act of November 2015. This proposed rule would provide regulatory clarity to applicants seeking licenses for space flight operations involving government astronauts by adding two new subparts to the human space flight regulations containing requirements for operators with government astronauts with and without safety-critical roles on board vehicles. The proposed rule would also require an operator to demonstrate any government astronauts on board can perform their role in safety-critical tasks. This proposed requirement would maintain public safety by ensuring operators provide mission specific training on safety-critical tasks to government astronauts, as has been done in the NASA Commercial Crew Program. The proposed rule would also update definitions relating to commercial space launch and reentry vehicles and occupants to reflect current legislative definitions, expand applicability of permitted operations for reusable suborbital rockets to include reusable launch vehicles that will be launched into a suborbital trajectory or reentered from a suborbital trajectory, as well as implement clarifications to financial responsibility requirements in lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 Send comments identified by docket number FAA–2023–1656 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, M–30; U.S. Department of Transportation (DOT), 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. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edits, 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. 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 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Charles Huet, Space Policy Division, Space Regulations and Standards Branch, ASZ–210, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 306–9069; email charles.huet@faa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Authority for This Rulemaking The Commercial Space Launch Act of 1984, as amended and codified at 51 U.S.C. 50901–50923 (the Act), 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 U.S. In addition, section 50903 directs the Secretary to encourage, facilitate, and promote private sector commercial space launches and reentries. As codified in 49 CFR 1.83(b), the Secretary has delegated authority to the FAA Administrator to carry out these functions. I. Overview This proposed rule would amend title 14 of the Code of Federal Regulations (14 CFR) parts 401, 413, 415, 431, 435, 437, 440, 450, and 460 by incorporating statutory changes resulting from the United States Commercial Space Launch Competitiveness Act (CSLCA).1 This rule proposes to add definitions for ‘‘Government astronaut,’’ ‘‘International partner astronaut,’’ and ‘‘International Space Station Intergovernmental Agreement’’ and would also revise other definitions required to address the addition of ‘‘Government astronaut.’’ This proposed rule would also: (1) expand applicability of permitted operations for suborbital rockets to suborbital launch and reentry vehicles (2) revise the human space flight sections of parts 415, 431, 435, 437, and 450 to include the term ‘‘human being’’ in order to incorporate government astronauts; (3) update the financial responsibility requirements in part 440 to exclude government astronauts from the definitions of ‘‘Third party’’ and ‘‘Government personnel’’ in part 440; (4) add space flight participants to the insurance requirements in § 440.9, and the reciprocal waiver of claims requirements in § 440.17; and (5) remove the templates for waiver of claims and assumption of responsibilities in appendices B through 1 Public Law 114–90, sections 103, 104, 107, and 112. E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules E of part 440 from the regulations and place them in a separate advisory circular (AC). Finally, this rule would create two new subparts in 14 CFR part 460 to include proposed requirements for operators and applicants whose licensed or permitted operations involve government astronauts with and without safety-critical roles on board a vehicle. II. Background lotter on DSK11XQN23PROD with PROPOSALS1 A. National Aeronautics and Space Administration’s Commercial Crew Program The National Aeronautics and Space Administration (NASA) Commercial Crew Program provides human transportation between the U.S. and the International Space Station (ISS) through the purchase of transportation services from American commercial launch providers. It has resulted in NASA astronauts flying on board licensed commercial vehicles to or from the ISS since 2020. A new generation of spacecraft and launch systems capable of carrying government astronauts to low-Earth orbit and the ISS provides expanded utility, additional research time, and broader opportunities for discovery on the ISS. The Commercial Crew Program represents a revolutionary approach to government and commercial collaborations for the advancement of space exploration. NASA—including Johnson Space Center and Kennedy Space Center—and the FAA have previously discussed the statutory and regulatory definitions that apply to NASA astronauts riding on board Commercial Crew Programprovided spacecraft and the associated roles and responsibilities of both agencies. These discussions led NASA and the FAA to establish the NASA– FAA Joint Legal Working Group in January 2012. This working group eventually contributed to a series of recommendations NASA provided to Congress in proposed legislation. As detailed below, title 51 did not effectively accommodate NASA astronauts flying on commercially owned and operated spacecraft. NASA and the FAA jointly determined that the legal definitions for crew and space flight participants were insufficient to accommodate the role of government astronauts on board Commercial Crew missions. The agencies agreed that a change to legislation would be needed to support the success of its Commercial Crew Program and to support VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 commercial human space flight endeavors in general.2 B. Issues With Categorizing NASA Astronauts as ‘‘Space Flight Participants’’ or ‘‘Crew’’ Before the passage of the CSLCA in 2015, title 51—and by extension FAA regulations codifying the statutes—only contemplated two categories of persons carried on board FAA-licensed launch and reentry vehicles: ‘‘crew’’ and ‘‘space flight participants.’’ These designations were problematic for NASA astronauts for several reasons. ‘‘Crew’’ was defined as any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.3 A ‘‘space flight participant’’ was defined as an individual, who is not crew, carried within a launch vehicle or reentry vehicle.4 FAA regulations mirror these two definitions.5 One of the NASA– FAA Joint Legal Working Group’s concerns in 2012 was that the professionally trained and experienced NASA astronauts could not be appropriately categorized either as ‘‘space flight participants’’ or ‘‘crew’’ as then defined in title 51. Before passage of the CSLCA, government astronauts were categorized as space flight participants because they were not employees of the licensee or transferee or of a contractor or subcontractor of a licensee or transferee. The FAA could not categorize government astronauts as crew for the same reason. This categorization, however, presented multiple issues. First, 51 U.S.C. 50914(b) requires space flight participants to sign waivers of claims against the U.S. Government for personal injury, death, or property damage when participating in FAAlicensed launches and reentries. On the other hand, in Legal Interpretation to Courtney B. Graham (December 23, 2013), the FAA explained that NASA astronauts may not sign reciprocal waivers of claims because doing so would conflict with various federal statutes, including the Federal Employees Compensation Act and the Military Personnel and Civilian Employees Claims Act.6 Second, NASA expressed concerns regarding the requirement in 51 U.S.C. 2 Interpretation Concerning Involvement of NASA Astronauts During a Licensed Launch or Reentry. 78 FR 72011 (2013). 3 51 U.S.C. 50902 (2014). 4 Id. 5 14 CFR 401.5 and 401.7. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 56547 50905(b)(5) for operators to inform space flight participants of the risks of licensed activity and obtain written informed consent from space flight participants. However, unlike space flight participants, government astronauts are already familiar with the particular risks involved in space flight and should not need to provide informed consent. Nevertheless, because the informed consent requirements for space flight participants did not conflict with federal statutes, unlike reciprocal waivers of claims, the government astronauts would have been required to comply with the requirements. Accordingly, the FAA issued a legal interpretation stating that NASA and international partner astronauts are space flight participants and therefore must provide informed consent in accordance with the statute and 14 CFR 460.45; 7 however, it was deemed not necessary when flying as a government astronaut. Finally, NASA sought clarification on whether a government astronaut, as a space flight participant, could perform operational functions during a commercial space launch or reentry under license from the FAA.8 In 2013, the FAA issued a legal interpretation stating that, while the applicable statute and regulations did not limit a space flight participant’s conduct or operations during launch or reentry, the FAA was concerned with space flight participants interacting with a launch or reentry vehicle based on the possibility that space flight participants would not have the proper vehicle and missionspecific training.9 The interpretation noted, however, that NASA astronauts must meet rigorous medical and training requirements, which include training 7 Legal Interpretation to Courtney B. Graham (July 9, 2014) (requesting a legal interpretation on whether the holder of a license or permit under 51 U.S.C. Ch. 509 must obtain written informed consent from a space flight participant who is a NASA astronaut and a U.S. Government employee, either as a civil servant or a member of the U.S. armed forces; and whether a licensee or permittee must obtain informed consent from a space flight participant who is an astronaut employed by one of NASA’s international partners). 8 Whereas the definition of crew in title 51 expressly acknowledges a crew member’s ability to perform activities directly relating to operation of the vehicle, the definition of space flight participant contains no express authority to do so. See Legal Interpretation to Courtney B. Graham (Dec. 23, 2013) in which the FAA answers NASA questions regarding whether the space transportation regulations would restrict NASA astronauts from performing operational functions during a commercial space launch or reentry under license from the FAA. 9 Legal Interpretation to Courtney B. Graham (Dec. 2, 2013) (78 FR 72011). E:\FR\FM\18AUP1.SGM 18AUP1 56548 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules specific to each mission, launch vehicle, and reentry vehicle.10 C. United States Commercial Space Launch Competitiveness Act NASA and the FAA submitted a joint legislative request to Congress in 2013 to address the discussed above. In response, Congress passed the CSLCA in 2015 and included a definition of a new category of person on board an FAAlicensed launch or reentry vehicle: government astronaut. Under 51 U.S.C. 50902, government astronaut is defined as an individual who is designated by the National Aeronautics and Space Administration Administrator under section 51 U.S.C. 20113(n), is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle, and is either an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act, or an international partner astronaut. Per 51 U.S.C. 20113(n), for purposes of a license issued or transferred by the Secretary of Transportation under chapter 509 to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut (as defined in section 50902), NASA designates a government astronaut in accordance with requirements prescribed by NASA.11 The FAA accepts any NASA designation of government astronaut. In addition to adding a new definition of government astronaut, the CSLCA added launch and reentry vehicles on a suborbital trajectory to permitted operations in 51 U.S.C. 50902.12 The CSLCA also added space flight participants to the insurance requirements and reciprocal waiver of claims requirements in 51 U.S.C. 50914 and the paying claims exceeding liability insurance and financial responsibility requirements in 51 U.S.C. 50915. lotter on DSK11XQN23PROD with PROPOSALS1 III. Discussion of the Proposed Rule A. Summary In this rulemaking, the FAA proposes to add the statutory definition of ‘‘government astronaut’’ to its regulations to conform to the CSLCA. In addition to incorporating the title 51 definition of ‘‘government astronaut,’’ 10 Id. 11 51 U.S.C. 20113(n). to the CSLCA, only reusable suborbital rockets qualified for a permit. 12 Prior VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 this rulemaking would also create two new subparts to part 460 to address the varying responsibilities government astronauts might have during a launch or reentry. One subpart would address requirements for government astronauts whose actions have the ability to impact public safety because they perform a safety-critical role, and one subpart would address requirements for government astronauts that do not play a safety-critical role during licensed or permitted activity. The proposed rule is not intended to conflict with NASA vehicle certification and safety processes. Other changes proposed by this rulemaking would align various related definitions and regulations with the addition of ‘‘government astronaut,’’ such as replacing the terms ‘‘crew’’ and ‘‘space flight participant’’ with the term ‘‘human being’’ in order to encompass all three categories of persons carried on board a vehicle. The proposed addition of the ‘‘government astronaut’’ category would further require revisions to part 440 to exclude ‘‘government astronauts’’ from the definitions of ‘‘Third party’’ and ‘‘Government personnel.’’ Furthermore, this rulemaking proposes additional changes to the financial responsibility requirements in part 440 as required by the CSLCA. More specifically, this rulemaking would add space flight participants to the insurance requirements in § 440.9 and the reciprocal waiver of claims requirements in § 440.17. This rulemaking would remove the templates for waiver of claims and assumption of responsibilities in appendices B through E of part 440 from the regulations, which the Agency proposes to relocate in a separate AC. B. Changes to Part 460—Human Space Flight Requirements Current part 460 contains requirements for launches involving human space flight. Subpart A of part 460 contains requirements for launches and reentries with crew on board, including requirements for crew training, informing crew about risk, and waiver of claims against the U.S. Government. Subpart B of part 460 contains requirements for launches and reentries with human space flight participants on board, including requirements for informed consent, training space flight participants for an emergency scenario, security, and waiver of claims against the U.S. Government. In this NPRM, the FAA proposes to add subparts C and D to part 460 to create requirements for operators conducting licensed or permitted PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 operations carrying government astronauts. Proposed subpart C of part 460 would contain operator requirements for licensed or permitted operations with government astronauts who perform a safety-critical role during launch or reentry. Consistent with the definition of ‘‘safety critical’’ in §§ 401.5 and 401.7, a role is safety-critical if it is essential to safe performance or operation.13 As the FAA regulates for public safety, a government astronaut performs a safety-critical role because of their ability to control in real time, a launch or reentry vehicle’s flight path during a phase of flight capable of endangering the public. Proposed subpart D of part 460 would contain operator requirements for licensed or permitted operations with government astronauts who do not perform a safetycritical role during launch or reentry. 1. Proposed Subpart C—Government Astronauts With Safety-Critical Roles To protect public safety, the FAA is proposing to require operators to provide training and establish environmental controls for operations involving government astronauts with a safety-critical role. As with crew, the FAA finds that government astronauts likewise would need to be protected from atmospheric conditions and receive training that is necessary for the safety of members of the public, including those on the ground, in the air, and in space.14 Previously, the FAA has determined that in a piloted vehicle, the vehicle’s flight crew is an integral part of its flight safety system. This determination is based on the fact that they are in a position to respond to risk to the public, such as aborting the flight or maneuvering a vehicle away from populated areas.15 Similarly, government astronauts may be in a position to respond to risk to the public; therefore, the FAA is proposing a number of training requirements, not intended to duplicate, conflict with, or replace NASA‘s training requirements for government astronauts, if they are 13 ‘‘Safety critical’’ for purposes of part 460 ‘‘means essential to safe performance or operation. A safety-critical system, subsystem, component, condition, event, operation, process, or item is one whose proper recognition, control, performance, or tolerance is essential to ensuring public safety. Something that is a safety-critical item creates a safety hazard or provides protection from a safety hazard.’’ 14 CFR 401.5. 14 As further discussed, the FAA proposes adding § 460.61 to require operators to provide an environment adequate to sustain life and consciousness for all inhabited areas within a vehicle that house a government astronaut with a safety-critical role. 15 Human Space Flight Requirements for Crew and Space Flight Participants, NPRM, 70 FR 77262, 77265 (Dec. 29, 2005). E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 identified by the operator as having safety critical roles. Training provides government astronauts the knowledge and skill necessary to perform safetycritical tasks. Government astronauts with a safety-critical role would be required to be trained to successfully carry out their role on the vehicle. The FAA proposes in § 460.57 to specify the groups to which subpart C would apply. Section 460.57(a) and (b) would state that subpart C would apply to an applicant for a license or permit and a licensed or permitted operator who intends to have a government astronaut with a safety-critical role on board a vehicle. In order to determine which government astronauts would need additional vehicle-specific training to meet the proposed requirements of subpart C, the operator would identify during the licensing process safetycritical tasks that require qualified personnel and whether a government astronaut would be performing any of those tasks.16 The operator would then be responsible for ensuring that those government astronauts identified as performing safety-critical tasks receive additional vehicle-specific training in accordance with proposed subpart C. The FAA proposes in § 460.59(a)(1) to require an operator to train a government astronaut to carry out any safety-critical role on board so that the vehicle will not endanger the public. As stated above, the FAA is proposing this requirement because government astronauts with a safety-critical role can affect risk to the public. A government astronaut with a safety-critical role may have the ability to affect public safety, for example, through control of the trajectory of the vehicle, and must therefore be trained on how to carry out his or her mission-specific role on board the vehicle. Operators are in the best position to train government astronauts on particular aspects of the vehicle and mission that can affect public safety because they are most familiar with the vehicle and its operation. This training has been current practice on all Commercial Crew Program flights to date because NASA has required it from the operator through contract. The FAA proposes the following training requirements for those matters that affect public safety under its authority to issue regulations to license 16 In accordance with § 450.149, an applicant must identify safety-critical tasks that require qualified personnel, ensure that those personnel are trained, qualified, and capable of performing their safety-critical tasks, and provide internal training and currency requirements, or any other means for demonstrating compliance. Similar requirements can also be found in §§ 417.105, 417.311, and 415.113. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 commercial space launch and reentry consistent with public safety.17 The FAA proposes to require an operator to provide government astronauts who perform safety-critical roles a training program similar to the training program required for crew. Because crew and government astronauts with a safety-critical role could be responsible for accomplishing the same tasks on board a vehicle, this rule would require the operator to provide them with similar training on the unique aspects of each vehicle and mission so they can successfully perform their roles on board. While the requirements this rule proposes for government astronauts are similar to crew requirements, they are not identical. Current crew qualification and training requirements include a demonstration of the ability to withstand the stresses of space in sufficient condition to safely carry out his or her duties so that the vehicle will not harm the public.18 Each crew member with a safety-critical role is also required to possess and carry an FAA second-class medical certificate.19 The proposed rule would not require government astronauts with a safetycritical role to demonstrate an ability to withstand the stresses of space or to possess and carry an FAA medical certificate because the underlying concerns addressed by these crew requirements are satisfied by the NASA designation process for government astronauts.20 The FAA proposes in § 460.59(a)(2) to require an operator to train government 17 The FAA notes that, while operators and NASA may establish mission-specific training of government astronauts through contract, the FAA has broader responsibility to issue regulations to protect public health and safety during licensed activity. 18 14 CFR 460.5(b). 19 14 CFR 460.5(e). 20 For crew members to demonstrate a basic level of health within 12 months of launch or reentry, the FAA requires that each crew member with a safetycritical role must possess and carry an FAA secondclass airman medical certificate. Human Space Flight Requirements for Crew and Space Flight Participants, Final Rule, 71 FR 75616, 75620 (Dec. 15, 2006). The FAA finds that such a requirement would be unnecessary for government astronauts because to achieve a government astronaut designation, NASA has verified a basic level of health during its training process. Additionally, any government astronaut designated by NASA has been trained by NASA to withstand the stresses of space flight while performing their duties. For example, Commercial Crew Transportation contractual requirements CCT–PLN–1120 section 6.3.1, and CCT–STD–1150 section 5.0 (Operations Training) ensure government astronauts can withstand the stresses of space flight while performing safety-critical tasks. See https:// ntrs.nasa.gov/api/citations/20150010760/ downloads/20150010760.pdf, https://ntrs.nasa.gov/ api/citations/20150010761/downloads/ 20150010761.pdf. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 56549 astronauts (either directly or through another entity) with a safety-critical role on their roles in nominal and nonnominal conditions related to the launch or reentry vehicle, including abort scenarios and emergency operations, to the extent that performance of their role could endanger public safety. This vehiclespecific training has been current practice on all Commercial Crew Program flights to date, by contract between NASA and the operator. This requirement would be the same as the current crew training requirements in subpart A of part 460.21 In order to meet the proposed training requirement, the operator would be responsible for conducting a safety analysis in accordance with § 450.149 to identify which government astronaut tasks could endanger public safety.22 As previously mentioned, this analysis is necessary because government astronauts may be in a position to affect risk to the public and should be aware of and receive training on the tasks specific to their mission which could impact public safety. The operator would then need to ensure that the government astronaut is trained to successfully conduct those tasks. For missions where crew and government astronauts are on board, an operator may need to train government astronauts with crew as a team if safetycritical tasks require that government astronauts and crew work together. If a government astronaut does not have a role in nominal or non-nominal conditions to the extent that performance of their role could endanger public safety, then no additional training would be required. The FAA proposes in § 460.59(b)(1) that an operator would ensure any government astronaut who has the ability to control, in real time, a launch or reentry vehicle’s flight path during a phase of flight capable of endangering the public, receives vehicle specific training for each phase of flight capable 21 14 CFR 460.5(a)(2). 450.149 requires an operator to ensure that its safety-critical personnel are trained, qualified, and capable of performing their safetycritical tasks, and that their training is current. The FAA would consider any task that may have an effect on public safety and meets the definition of safety-critical found in § 401.5 subject to the requirements of § 450.149. These tasks would include, but are not limited to, operating and installing flight safety system hardware, operating safety support systems, monitoring vehicle performance, performing flight safety analysis, conducting launch operations, controlling public access, surveillance, and emergency response. With the many different kinds of operations currently underway, an operator is in the best position to identify the operations, personnel, and training needed for its operation. See Streamlined Launch and Reentry Licensing Requirements, NPRM, 84 FR 15332 (Apr. 15, 2019). 22 Section E:\FR\FM\18AUP1.SGM 18AUP1 56550 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 of endangering the public and over which the government astronaut has the ability to control the vehicle. Although government astronauts may have been trained on other vehicles, each vehicle has specific safety features that should be familiar to the person operating it. Under proposed § 460.59(b)(1), the training could be achieved by a method or device that simulates the flight, by an aircraft whose characteristics are similar to the vehicle or has similar phases of flight to the vehicle, by flight testing, or by an equivalent method of training approved by the FAA. The first three methods would ensure the government astronaut has familiarity with the vehicle and its operation by requiring means that are sufficiently similar to actual operations. The final method would provide flexibility and allow an operator to demonstrate that an alternative method would achieve the training objective. This familiarity would ensure the government astronaut is capable of operating the vehicle safely. This proposed requirement is the same as the requirement for crew in § 460.5(b)(3). Proposed § 460.59(b)(2) would require an operator to train a government astronaut who can control the vehicle for each mode of control or propulsion, including any transition between modes, such that the government astronaut is able to control the vehicle in all phases of flight, including transitions between phases, that can endanger the public. This proposed requirement is the same as the requirement for crew in § 460.5(c)(5).23 The training device fidelity requirement that the FAA proposes in § 460.59(c) would ensure that any government astronaut training device used to meet the training requirements realistically represents the vehicle’s configuration and mission or the operator informs the government astronaut being trained of the differences between the training device and the vehicle’s configuration and mission. This proposed requirement would be the same as the requirement in § 460.7(b) for crew.24 23 A pilot would have to undergo training in procedures that direct the vehicle away from the public in the event the flight crew had to abandon the vehicle during flight. The FAA emphasizes the importance of an operator training in each mode of control or propulsion, including any transition between modes, so that the pilot would be able to control the vehicle throughout the flight regime to protect the public. See Human Space Flight Requirements for Crew and Space Flight Participants, NPRM, 70 FR 77267 (Dec. 29, 2005). 24 See Human Space Flight Requirements for Crew and Space Flight Participants, Final Rule, 71 FR 75621 (Dec. 15, 2006). Device fidelity speaks to the degree of realism achieved. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 Because they have the ability to control a vehicle’s flight path in real time, crew who are pilots 25 or remote operators 26 are also required to satisfy a number of additional requirements including requirements to possess and carry an FAA pilot certificate with an instrument rating and possess aeronautical knowledge, experience, and skills necessary to pilot and control the launch or reentry vehicle that will operate in the National Airspace System (NAS).27 For those government astronauts who have the ability to control the vehicle’s flight path, the FAA proposes in § 460.59(b)(3) to require operators to ensure that such government astronauts possess aeronautical knowledge, experience, and skills necessary to pilot and control the launch or reentry vehicle in the NAS. Aeronautical experience may include hours in flight, ratings, and training.28 The FAA notes that this requirement would ensure that government astronauts with the ability to control a launch or reentry vehicle’s flight path have the knowledge, experience, and skills to operate the vehicle safely in the NAS, which could potentially impact the public. The FAA proposes in § 460.59(d) to require an operator to update government astronaut vehicle-specific training continually to ensure that the 25 Section 401.5 defines ‘‘pilot’’ as a flight crew member who has the ability to control, in real time, a launch or reentry vehicle’s flight path. 26 Section 401.5 defines ‘‘remote operator’’ as a crew member who (1) has the ability to control, in real time, a launch or reentry vehicle’s flight path, and (2) is not on board the controlled vehicle. 27 Section 460.5(d) permits a pilot or a remote operator to demonstrate an equivalent level of safety to FAA airman certification through the license or permit process. 28 The FAA explained that pilots and remote operators should hold a pilot certificate with an instrument rating because a pilot or remote operator should be educated in the rules of operating in the NAS and should demonstrate an appropriate level of instrument skills and competency to pilot various launch and reentry vehicles. Human Space Flight Requirements for Crew and Space Flight Participants, NPRM, 70 FR 77262, 77265 (Dec. 29, 2005). The proposed training requirements for government astronauts with a safety-critical role are tailored to ensure that an operator trains a government astronaut to successfully carry out his or her role. These proposed requirements include possessing the knowledge, experience, and skills necessary to pilot the vehicle in the NAS. The FAA is not proposing to require government astronauts to hold pilot certificates with an instrument rating because NASA astronaut requirements currently include at least two years of related professional experience obtained after degree completion or at least 1,000 hours pilot-in-command time on jet aircraft. Astronaut Requirements; March 4, 2020; www.nasa.gov/audience/forstudents/ postsecondary/features/F_Astronaut_ Requirements.html (last viewed 3/6/2023). These requirements effectively meet the equivalent level of safety provision crew are allowed to leverage in place of holding a pilot certificate under § 460.5(d). PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 training would incorporate lessons learned from training and operational launches and reentries. An operator would be required to track each revision, document the completed training for each government astronaut, and maintain the documentation for each active government astronaut who performs a safety-critical role. This proposed requirement is vital for maintaining proficiency of any government astronaut performing safetycritical roles and would be the same as the requirement in § 460.7(c) for crew. As with the crew requirement, this proposed requirement would incorporate events and anomalies into the training as they are experienced so that government astronauts are trained on how to respond going forward. The FAA proposes in § 460.59(e) that an operator would be required to establish a recurrent training schedule and ensure that all training of government astronauts performing safety-critical roles is current before launch or reentry. This proposed requirement is vital for maintaining currency of any government astronaut performing safety-critical roles and would be the same as the requirement in § 460.7(d) for crew.29 The FAA notes that, for such performance-based requirements, the operator must carry out the method of compliance chosen in its application because the method an operator describes in its application has the same legal effect as a prescriptive requirement.30 In addition to the proposed training requirements, the FAA proposes in § 460.61 that an operator would be required to provide an environment that sustains life and prevents incapacitation for government astronauts because a failure to control the environment, even for a short duration, could lead to a loss of life or serious injury to members of the public. The proper functioning of government astronauts in safety critical roles is necessary for protection of the public. Therefore, it would be vital that the launch or reentry operator maintains an environment that supports life and consciousness. The environmental requirements proposed in § 460.61 would be the same as the requirements for crew in § 460.11. The FAA proposes to add a reference to proposed §§ 460.59 and 450.61 to the application requirements for safety review and approval in § 450.45(e). As such, the FAA acknowledges that 29 See Human Space Flight Requirements for Crew and Space Flight Participants, Final Rule, 71 FR 75621 (Dec. 15, 2006). 30 See 14 CFR 450.5(b), 417.11(a), 431.9(b), and 437.83. E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules government astronaut training is part of the broader review to determine that licensed activity would not jeopardize public safety. To that end, the FAA would evaluate and determine whether the license applicant’s training and environmental control and life support systems for government astronauts with safety-critical roles are sufficient to protect public safety.31 The FAA expects that a safety review of the training requirements under proposed § 460.59 would include an evaluation of the operator training program for government astronauts to verify that all personnel with safetycritical roles are adequately trained and fully capable of performing their mission specific safety critical duties. Furthermore, under § 450.149, an operator is already required to ensure safety-critical personnel are trained, qualified, and capable of performing their safety-critical tasks, and that their training is current. Additionally, § 450.149 requires an applicant to provide internal training and currency requirements, completion standards, or any other means of demonstrating compliance with the regulation and to describe the process for tracking currency. lotter on DSK11XQN23PROD with PROPOSALS1 2. Proposed Subpart D—Government Astronauts Without Safety-Critical Roles Proposed § 460.65 would specify the groups to which subpart D would apply. Section 460.65 (a) and (b) would state that subpart D would apply to both an applicant for a license or permit and a licensed or permitted operator who proposes to have a government astronaut without a safety-critical role on board a vehicle. 31 If an operator met the contractual requirements in CCT–PLN–1120 and CCT–REQ–1130, or similar requirements for other NASA programs they would satisfy this proposed requirement. Therefore, the FAA would consider CCT–PLN–1120 and CCT– REQ–1130, and similar requirements applicable to other NASA programs, a means of compliance with this proposed requirement. CCT–PLN–1120 is the Joint Program Management Plan (PMP) between the National Aeronautics and Space Administration (NASA) Commercial Crew Program (CCP) and the Federal Aviation Administration (FAA) Office of Commercial Space Transportation (AST) and describes the partnership of these respective agencies for licensing the CCP missions for launch and reentry operations. The ISS Crew Transportation and Services Requirements Document (CCT–REQ–1130) contains all technical, safety, and crew health medical requirements that are mandatory for achieving a Crew Transportation System Certification that will allow for International Space Station delivery and return of NASA crew and limited cargo. The FAA defers to NASA as the expert on training government astronauts to perform their duties. Therefore, an operator should not be placing requirements on NASA. Rather, an operator would demonstrate adequate training for government astronauts by leveraging the training NASA requires through its contracts with commercial providers. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 Proposed § 460.67 would require that an operator train each government astronaut without a safety-critical role on how to respond to emergency situations, including smoke, fire, loss of cabin pressure, and emergency exits. This would be the only proposed requirement for government astronauts without a safety-critical role, and it would be the same requirement currently levied on space flight participants in § 460.51. As with space flight participants, the FAA would require this training for government astronauts without a safety-critical role because, if a government astronaut did not receive this training, he or she might interfere with the ability of the crew and government astronauts with safetycritical roles to perform duties necessary to protect public safety. The FAA considered requiring operators to impose security requirements on government astronauts that do not have a safety-critical role, similar to those in current § 460.53. However, the FAA determined that such a requirement would be unnecessary because government astronauts and international partner astronauts undergo extensive screening and training.32 Furthermore, the FAA expects that NASA’s designation of government astronaut would include similar security requirements because NASA is responsible for the safety of the government astronauts and mission assurance.33 Other requirements contained in subpart B of part 460, such as informed consent and waiver of claims, do not apply to government astronauts, as previously explained. C. Changes to Part 401—Definitions The FAA proposes to define the term ‘‘government astronaut’’ to align §§ 401.5 and 401.7 (Definitions) with the CSLCA’s addition of the term ‘‘government astronaut’’ to 51 U.S.C. 50902. By defining the term in part 401, the definition will inform the use of the term throughout the FAA’s commercial 32 To ensure mission success, NASA identifies the best qualified candidates who then undergo additional reviews through tests and two rounds of interviews, in addition to two years of basic astronaut training including robotics training, flight training, and extravehicular activities. NASA’s Management of Its Astronaut Corps, Report No. IG– 22–007 (Jan. 11, 2022). 33 NASA is responsible for managing overall mission success by ensuring certification and astronaut safety requirements are being met. The FAA serves to protect the public health and safety, safety of property, and the national security and foreign policy interests of the U.S. during commercial launch and reentry activities. National Aeronautics and Space Administration and Federal Aviation Administration Joint Program Management Plan for the Commercial Crew Program, CCT–PLN–1020, section 3.0 Roles and Responsibilities (April 1, 2016). PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 56551 space regulations, including part 460. The same definition of ‘‘Government astronaut’’ would be added to both sections because definitions in § 401.5 apply to parts 415, 417, 431, 435, 440, and 460, and definitions in § 401.7 apply to parts 440, 450, and 460. Furthermore, the FAA proposes to revise the definition of ‘‘Space flight participant’’ in §§ 401.5 and 401.7 to align with the statutory definition by expressly excluding government astronauts from the category of space flight participant. As revised, ‘‘space flight participant’’ would be defined as ‘‘an individual, who is not crew or a government astronaut, carried within a launch vehicle or reentry vehicle.’’ The FAA also proposes to amend § 401.5 by revising the definitions of ‘‘Human space flight incident,’’ ‘‘Launch,’’ ‘‘Launch accident,’’ ‘‘Reenter,’’ and ‘‘Reentry accident’’ by adding ‘‘government astronaut’’ to these definitions. A similar change is not being made in § 401.7 because the terms ‘‘Human space flight incident,’’ ‘‘Launch accident,’’ and ‘‘Reentry accident,’’ are not defined in § 401.7. Instead, these concepts are included in the § 401.7 ‘‘Mishap’’ definition, and this definition already includes the term ‘‘government astronauts.’’ The FAA also proposes to add definitions for ‘‘International partner astronaut’’ and ‘‘International Space Station Intergovernmental Agreement’’ to §§ 401.5 and 401.7. The CSLCA added the terms ‘‘International partner astronaut’’ and ‘‘International Space Station Intergovernmental Agreement’’ to 51 U.S.C. 50902 and specifies that the NASA Administrator designates government astronauts, and that designation may include international partner astronauts. The CSLCA also allows the NASA Administrator to designate a foreign person as a government astronaut. The FAA proposes to define an ‘‘International partner astronaut’’ as an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the U.S., as qualified to serve as an ISS crew member. This definition is taken directly from the CSLCA. Although the FAA does not otherwise use these terms in the commercial space regulations, the terms are used in the definition of government astronaut which is being added to §§ 401.5 and 401.7. The FAA is proposing to add them to §§ 401.5 and 401.7 to provide clarity to the definition of government astronaut. E:\FR\FM\18AUP1.SGM 18AUP1 56552 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules D. Changes to Parts 415, 431, 435, and 437—License Application Procedures, Launch License, Launch and Reentry of a Reusable Launch Vehicle (RLV), and Reentry of a Reentry Vehicle Other Than an RLV The FAA proposes to replace the terms ‘‘crew’’ and ‘‘space flight participant’’ with the term ‘‘human being’’ in §§ 415.8, 431.8, and 435.8 for applicants seeking a license for operations involving human space flight and that must demonstrate compliance with human space flight requirements. This change would accommodate the creation of the government astronaut category in part 460. E. Changes to Parts 413 and 437— License Application Procedures and Experimental Permits Section 50906 of title 51 provides the Secretary of Transportation with the authority to issue experimental permits consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary of Transportation delegated this authority to the FAA, which promulgated 14 CFR part 437 (Experimental permits).34 An experimental permit provides an alternative to licensing for certain vehicles and operations.35 The CSLCA expanded the scope of the Secretary’s authority to issue experimental permits from reusable suborbital rockets to also include reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit.36 This section discusses the changes made to 51 U.S.C. 50906 by the CLSCA as well as the associated proposed changes to part 437. The FAA proposes to delete the definition of ‘‘permitted vehicle’’ in § 437.3 because the term does not appear in part 437. Section 437.3 currently defines ‘‘permitted vehicle’’ as a reusable suborbital rocket operated by a launch or reentry operator under an experimental permit. The FAA proposes to add a definition of ‘‘reusable suborbital vehicle’’ in § 437.3 that includes a reusable suborbital rocket or a reusable launch vehicle that is launched or reentered on a suborbital lotter on DSK11XQN23PROD with PROPOSALS1 34 72 FR 17019 (Apr. 6, 2007). 51 U.S.C. 50906(d), as revised by the CLSCA, the Secretary may issue an experimental permit solely for research and development to test design concepts, equipment, or operating techniques, showing compliance with requirements as part of the process for obtaining a license under Chapter 509, or crew training for a launch or reentry using the design of the rocket or vehicle for which the permit would be issued. 36 Public Law 114–90, sec. 104. 35 Under VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 trajectory. As mentioned above, section 104 (Launch License Flexibility) of the CSLCA revised 51 U.S.C. 50906(d) to authorize the Secretary of Transportation to issue experimental permits for reusable launch vehicles that will be launched into a suborbital trajectory or reentered, in addition to suborbital rockets. The proposed definition of ‘‘reusable suborbital vehicle’’ in § 437.3 reflects this change to 51 U.S.C. 50906(d). This proposed definition would expand the types of vehicles eligible for a permit, to include vehicles that are not rockets 37 but are launch vehicles that will be launched into a suborbital trajectory or reentered from a suborbital trajectory. This revision is necessary due to the development of technologies for suborbital launch vehicles that do not use rocket propulsion. Vehicles that do not use a rocket for propulsion are excluded from obtaining a permit under current regulations. The revision would allow an operator to research and develop new test designs, concepts, equipment, or operating techniques; show compliance with requirements as part of the process for obtaining a license; or train crews before they receive a license for launch or reentry on a larger group of launch vehicles. Therefore, the FAA proposes to replace the term ‘‘reusable suborbital rocket’’ with ‘‘reusable suborbital vehicle’’ in §§ 437.3, 437.5, 437.7, 437.9, 437.21, 437.23, 437.25, 437.31, 437.33, 437.53, 437.59, 437.61, 437.71, 437.85, 437.91, and 437.95. The proposed change to the definition of ‘‘permitted vehicle’’ would affect § 413.3(f), which references part 437. Part 413 addresses the application requirements for a license or experimental permit. Therefore, the FAA also proposes to replace the term ‘‘reusable suborbital rocket’’ in § 413.3(f) with the term ‘‘reusable suborbital vehicle’’ to align with the expanded scope. Consistent with the changes to part 437, the FAA proposes to replace the term ‘‘reusable suborbital rocket’’ with ‘‘reusable suborbital vehicle’’ in § 440.3. This proposed change would allow inclusion of launch and reentry vehicles on a suborbital trajectory. The FAA proposes a change to § 437.5(a) to be consistent with changes made to 51 U.S.C. 50906(d)(1) by the CSLCA. Section 437.5(a) currently states the FAA will issue an experimental 37 Suborbital rocket is defined as a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent. 51 U.S.C. 50902(24); 14 CFR 401.5 and 401.7. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 permit to a person to launch or reenter a reusable suborbital rocket only for research and development to test new design concepts, new equipment, or new operating techniques. These eligibility requirements for an experimental permit reflect the eligibility criteria in 51 U.S.C. 50906(d)(1). The CSLCA removed each use of the word ‘‘new’’ in 51 U.S.C. 50906(d)(1). Therefore, the FAA is proposing to make the same change to § 437.5(a). By removing the term ‘‘new’’ from § 437.5(a), the regulation would allow research and development of existing design concepts, equipment, or operating techniques, consistent with the CSLCA. The FAA proposes two changes to § 437.21(b)(3) to accommodate changes necessitated by the CSLCA amendments. Current § 437.21(b)(3) references the applicable requirements for an applicant proposing launch or reentry with flight crew or a space flight participant on board a reusable suborbital rocket. The FAA proposes to replace the terms ‘‘flight crew’’ and ‘‘space flight participant’’ in § 437.21(b)(3) with the term ‘‘human being’’ to include the addition of government astronauts discussed previously. Furthermore, as discussed earlier, the FAA proposes to revise the application requirements in § 437.21(b)(3) to reference §§ 460.59, 460.61, and 460.67, which contain the proposed requirements in part 460 subparts C and D that would apply to launches and reentries with a government astronaut on board. F. Changes to Part 440—Financial Responsibility The CSLCA necessitates conforming changes to part 440, which governs financial responsibility requirements for title 51 activity. This proposal would make conforming changes to the definition of ‘‘government personnel’’ and ‘‘third party,’’ add space flight participants to the list of parties protected as additional insureds under a licensee or permittee’s liability insurance, require that licensees enter into a reciprocal waiver of claims with space flight participants, move the reciprocal waiver of claims templates from the appendices to an AC, and remove references to the appendices. Prior to passage of the CSLCA, a licensee or transferee was required by 51 U.S.C. 50914(b) and 14 CFR 440.17 to make a reciprocal waiver of claims with its contractors, subcontractors, and customers, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the E:\FR\FM\18AUP1.SGM 18AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees resulting from an activity carried out under the applicable license. Additionally, a licensee or permittee was required to obtain and maintain in effect a policy of liability insurance (or otherwise make a demonstration of financial responsibility) that protected certain persons as additional insureds to the extent of their respective potential liabilities against covered claims by a third party for bodily injury or property damage resulting from a licensed or permitted activity.38 These persons included (1) the licensee or permittee, its customer, and their respective contractors and subcontractors, and the employees of each, involved in a licensed or permitted activity; (2) the United States, its agencies, and its contractors and subcontractors involved in a licensed or permitted activity; and (3) Government personnel.39 The CSLCA made several changes that affect the financial responsibility requirements under title 51. The CSLCA, in section 112(j), amended the definition of ‘‘third party’’ in 51 U.S.C. 50902(26) to exclude government astronauts. The CSLCA, in section 103(a)(1)(A), also requires a licensee or permittee to protect space flight participants as additional insureds under a licensee or permittee’s liability insurance. This addition ceases to be effective September 30, 2025, in accordance with section 103(a)(1)(B) of the CSLCA. Finally, section 107 of the CSLCA amends 51 U.S.C. 50914(b)(1) such that it now requires a licensee or transferee to make a reciprocal waiver of claims with space flight participants involved in launch services or reentry services under which each party to the waiver agrees to be responsible for personal injury to, death of, or property damage or loss sustained by it or its own employees resulting from an activity carried out under the applicable license. This provision ceases to be effective September 30, 2025, in accordance with section 107 of the CSLCA. The FAA is proposing to conform the regulatory definition of ‘‘third party’’ with the statute by adding government astronauts to the list of exceptions in the definition of ‘‘third party.’’ Current 14 CFR 440.3 does not exclude government astronauts from the definition of third party and states that government personnel as defined in § 440.3 are third parties. The CSLCA states that 38 51 U.S.C. 50914(a)(4); 14 CFR 440.9(b). 39 Id. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 government astronauts are not third parties. The FAA, therefore, proposes to exclude government astronauts from the definition of ‘‘third party’’ in § 440.3 for the purposes of financial responsibility requirements. This proposal would also amend the definition of ‘‘government personnel’’ in § 440.3 to exclude government astronauts. This change is necessary because § 440.3 states that government personnel, as defined in that section, are third parties. While the proposal would exclude government astronauts from the definition of government personnel in § 440.3, the FAA notes that this exclusion narrowly applies only to 14 CFR part 440. Furthermore, the defined term ‘‘government personnel’’ only appears in § 440.9 for the purpose of identifying additional insureds. These changes would align the regulatory definitions in § 440.3 with the CSLCA. The FAA additionally proposes to add space flight participants to the list of parties protected as additional insureds under a licensee or permittee’s liability insurance in § 440.9(b)(4), as required by the CSLCA in section 103(a)(1)(A). As a result of this proposed change, and in accordance with the statutory requirement, a licensee or permittee would be required by regulation to obtain and maintain in effect a policy or policies of liability insurance to protect space flight participants as additional insureds to the extent of their respective potential liabilities against covered claims by a third party for bodily injury or property damage resulting from a licensed or permitted activity. In other words, if an injured third party brings claims against any party participating in the launch or reentry, the insurance policy would protect involved space flight participants. To comply with this proposed requirement, an operator would have to ensure that its insurance policy covers space flight participants, if it does not currently do so. In accordance with section 103(a)(1)(B) of the CSLCA, the proposed regulatory change would also cease to be effective September 30, 2025. If Congress chooses to extend the September 30, 2025 date, proposed § 440.9(b)(4) would remain in effect in accordance with the extension. This proposal would also re-designate § 440.17(f) to a new paragraph (g). Section 440.17(f) currently requires that any waiver, release, or other agreement to hold harmless and indemnify under the section does not apply to claims for bodily injury or property damage resulting from willful misconduct of any of the parties to the reciprocal waiver of claims. The FAA proposes to add new § 440.17(f), which would require a licensee or permittee to enter into a PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 56553 reciprocal waiver of claims agreement with each of its space flight participants in accordance with section 107 of the CSLCA. The waivers under the proposed § 440.17(f) would solely be between a licensee or permittee and a single space flight participant. Proposed § 440.17(f) would not require space flight participants to enter into waivers against one another. This proposed addition is necessary because, as discussed earlier, the CSLCA added space flight participants to the list of entities with whom an operator must execute a reciprocal waiver of claim, which would prevent potential additional litigation between space flight participants and operators. In accordance with 51 U.S.C. 50914(b) and by omission from the CSLCA, space flight participants would not be required to enter into reciprocal waiver of claims agreements with customers. Furthermore, space flight participants are already required to enter into a reciprocal waiver of claims agreement with the U.S. Government in accordance with § 440.17(d)(1). Proposed § 440.17(f) would remain in effect until September 30, 2025, as required by the CSLCA. If Congress chooses to extend the September 30, 2025, date, proposed § 440.17(f) would remain in effect in accordance with the extension. While no change to regulatory text is needed, the FAA notes that under the CSLCA, government astronauts are not required to sign reciprocal waivers of claims because they are not considered space flight participants or crew, and because the FAA enters into these agreements on behalf of the government and its employees.40 The FAA also proposes to remove the reciprocal waiver of claims templates in appendices B through E and place them in AC 440.17–1. The FAA originally included the appendices to provide operators with templates that meet the requirements in part 440. An operator is not required to use the templates provided in the appendices and can use alternate templates provided the alternate templates demonstrate compliance with the regulations. Moving these templates to an AC would allow the FAA to effectuate any needed changes more efficiently and would not require the FAA to undergo an additional rulemaking to provide 40 While 51 U.S.C. 50904(b) requires space flight participants to waive claims against the U.S. Government, Congress did not require government astronauts to do the same. In fact, the requirement for space flight participants to waive claims against the U.S. Government predates the retirement of the U.S. Space Shuttle and the subsequent development of NASA’s Commercial Crew Program. Legal Interpretation to Courtney B. Graham (Dec. 23, 2013). E:\FR\FM\18AUP1.SGM 18AUP1 56554 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules updated templates that meet the part 440 requirements. Because the templates are not regulatory and are only one means of satisfying the requirements in § 440.17, an AC is a more appropriate location than the CFR for the templates. The public can provide comment on any of the templates in the AC or propose a new template for consideration by emailing the Advisory Circular Feedback Form. (OMB control number 2120–0746) located at the end of the AC to ASTApplications@faa.gov. The FAA would also add two new templates to its proposed AC. One proposed template would be for a reciprocal waiver of claims between the licensee, space flight participant, and the licensee’s contractors and subcontractors. The other proposed template would be for a waiver of claims between an operator and customers, government customers, the U.S., and each of their respective contractors and subcontractors. The FAA currently uses both templates. These templates were developed for situations where the existing templates in the appendices did not adequately address a proposed launch or reentry operation. The proposed AC containing these two new templates will be placed in the regulatory docket for this rule. To conform to the proposed removal of the appendices, the FAA proposes to replace the references to Appendices B through E in § 440.17(c), (d), and (e) with language specifying that the required reciprocal waiver of claims must be in a form acceptable to the FAA Administrator. This proposed language would provide flexibility with providing a reciprocal waiver of claims under each paragraph, provided any proposed reciprocal waiver of claims is in a form acceptable to the FAA Administrator and complies with all applicable regulations. Finally, the proposed AC would contain language stating that the templates provided in AC 440.17–1 are one means of compliance but not the only means of compliance with requirements in § 440.45. G. Changes to Part 450—Launch and Reentry License Requirements The FAA proposes to add §§ 460.59, 460.61, and 460.67 to the list of regulations in § 450.45 with which applicants seeking a launch or reentry license for operations involving human space flight must demonstrate compliance. This change would accommodate the creation of the government astronaut category and ensure government astronaut requirements are addressed in the application. IV. Regulatory Notices and Analyses A. Regulatory Impact Analysis Federal agencies consider impacts of regulatory actions under a variety of executive orders and other requirements. First, Executive Order 12866 and Executive Order 13563, as amended by Executive Order 14094 (‘‘Modernizing Regulatory Review’’), direct each Federal agency to 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. 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 that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year. The current threshold after adjustment for inflation is $177,000,000 using the most current (2022) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this rule. In conducting these analyses, the FAA has determined that this rule: would result in benefits that justify costs; is not an economically ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866, as amended; would not have a significant economic impact on a substantial number of small entities; would not create unnecessary obstacles to the foreign commerce of the United States; and would not impose an unfunded mandate on State, local, or tribal governments, or on the private sector. This proposed rule would amend 14 CFR parts 401, 413, 415, 431, 435, 437, 440, 450, and 460 by incorporating statutory changes resulting from the CSLCA. This proposed rule would add a definition for ‘‘government astronaut’’ and would update other definitions to account for that addition. This proposed rule would also update financial responsibility requirements in part 440 to include government astronauts, and would move the templates for reciprocal waiver of claims agreements from part 440 appendices B through E to an AC. This proposed rule would also add two new subparts to part 460 to address operator requirements for government astronauts with safety critical and nonsafety-critical roles during launches and reentries. This proposed rule would also add two new subparts to part 460 to address operator requirements for government astronauts with safetycritical and non-safety-critical roles during launches and reentries. In addition, the FAA proposes to replace the terms ‘‘crew’’ and ‘‘space flight participant’’ with the term ‘‘human being’’ in §§ 415.8, 431.8, and 435.8 for applicants seeking a license for operations involving human space flight and that must demonstrate compliance with human space flight requirements. This proposed change would accommodate the creation of the government astronaut category in part 460. This proposed rule would affect all U.S. commercial space operators and launches and reentries licensed under title 14 of the Code of Federal Regulations (14 CFR) parts 401, 413, 415, 431, 435, 437, 440, 450, and 460 that will carry a government astronaut on board. Table 1 details the proposed changes in each part. lotter on DSK11XQN23PROD with PROPOSALS1 TABLE 1—PROPOSED CHANGES BY SECTION Section Change Effect of change § 401.5 Definitions ................................................................................. Add definitions for ‘‘Government Astronaut,’’ ‘‘International partner astronaut,’’ and ‘‘International Space Station Intergovernmental Agreement.’’ Revising definitions for ‘‘Human space flight incident,’’ ‘‘Launch,’’ ‘‘Launch accident,’’ ‘‘Reenter,’’ ‘‘Reentry accident,’’ and ‘‘Space flight participant’’. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules 56555 TABLE 1—PROPOSED CHANGES BY SECTION—Continued Section Change Effect of change § 401.7 Definitions ................................................................................. Add definitions for ‘‘Government Astronaut,’’ ‘‘International partner astronaut,’’ and ‘‘International Space Station Intergovernmental Agreement.’’ Revising definition for ‘‘Space flight participant’’. Replace the term ‘‘suborbital rocket’’ with the term ‘‘permitted vehicle’’ to align with the increase in scope from proposed § 437.3. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. § 413.3(f) ............................................................................................... § 415.8 Human Space Flight in Part 415, LAUNCH LICENSE ............ § 431.8 Human Space Flight in Part 431, LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV). § 435.8 Human Space Flight in PART 435, REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH VEHICLE (RLV). § 437.3 Definitions in Part 437, EXPERIMENTAL PERMITS ............... §§ 437.5, 437.7, 437.9, 437.21, 437.23, 437.25, 437.31, 437.33, 437.53, 437.57, 437.59, 437.61, 437.71, 437.85, 437.91, and 437.95. § 437.5(a) .............................................................................................. Remove ‘‘new’’ to allow research and development of existing design concepts, equipment, or operating techniques. § 437.21 General ................................................................................... Remove ‘‘crew’’ and ‘‘space flight participant’’ and add ‘‘human being’’ in their place, to include government astronaut, crew, and space flight participant categories. Add government astronaut requirements. .......................................................................... Move appendices B–E in PART 440, FINANCIAL RESPONSIBILITY, to an AC. § 440.9(b) .............................................................................................. § 440.9(f) ............................................................................................... § 450.45(e)(5) ........................................................................................ lotter on DSK11XQN23PROD with PROPOSALS1 Remove ‘‘crew’’ and ‘‘space flight participant’’ and add ‘‘human being’’ in their place, to include government astronaut, crew, and space flight participant categories. Add government astronaut requirements. Remove ‘‘crew’’ and ‘‘space flight participant’’ and add ‘‘human being’’ in their place, to include government astronaut, crew, and space flight participant categories. Add government astronaut requirements. Remove ‘‘crew’’ and ‘‘space flight participant’’ and add ‘‘human being’’ in their place, to include government astronaut, crew, and space flight participant categories. Add government astronaut requirements. Add a reusable launch vehicle that will be launched into a suborbital trajectory or reentered that is operated by a launch or reentry operator under an experimental permit to the definition of ‘‘permitted vehicle’’. Replace ‘‘suborbital rocket’’ with ‘‘permitted vehicle’’. Add space flight participants to the list in which a licensee or permittee must obtain and maintain in effect a policy or policies of liability insurance to protect their respective potential liabilities against covered claims by a third party for bodily injury or property damage resulting from a licensed or permitted activity. Add language to require the licensee or permitee to enter into a reciprocal waiver of claims agreement with each space flight participant. Add requirements for government astronauts Add Subpart C, Launch and Reentry with a Government Astronaut with a Safety-Critical Role, after Subpart B in § 460 Scope, HUMAN SPACE FLIGHT REQUIREMENTS. Add requirements applicable to government astronauts with a safety-critical role. Add Subpart D, Launch and Reentry with a Government Astronaut Without a Safety-Critical Role after Subpart C in § 460 Scope, HUMAN SPACE FLIGHT REQUIREMENTS. Add requirements applicable to government astronauts without a safety-critical role. The proposed changes would have a minimal impact on licensed commercial space activity with government astronauts because the changes would align the regulations with the current VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 statutory requirements for crew, for space flight participants, and with current practices. The FAA has been applying the statutory changes since they went into effect in 2015. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these definitions in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. The FAA has been applying these requirements in accordance with the statute since the CSLCA went into effect. This change would now provide regulatory clarity. None. Operators have been training government astronauts in order to satisfy NASA contractual requirements. This change would make some of that training required by regulation. None. Operators have been training government astronauts in order to satisfy NASA contractual requirements. This change would make some of that training required by regulation. B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (Pub. L. 96–354) (RFA) establishes ‘‘as a principle of regulatory issuance that agencies shall endeavor, consistent with E:\FR\FM\18AUP1.SGM 18AUP1 56556 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 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 principle, agencies 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-forprofit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a proposed or final rule would have a significant economic impact on a substantial number of small entities. If the determination is that it would, the agency must prepare a regulatory flexibility analysis as described in the RFA. This proposed rule would update definitions relating to commercial space launch and reentry vehicles and occupants to reflect current statutory definitions and requirements, as well as implement clarifications to financial responsibility requirements in accordance with the CSLCA. Therefore, the FAA believes that this proposed rule would not have a significant economic impact on small commercial space operators because it is current practice. If an agency determines that a rulemaking would 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 head of the FAA certifies that this proposed rulemaking would 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 U.S., if 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 serve as the basis for U.S. standards. The FAA VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 has assessed the potential effect of this proposed rule and determined that it will not create unnecessary obstacles to the foreign commerce of the United States. 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 proposed or final 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 threshold after adjustment for inflation is $177 million using the most current annual (2022) Implicit Price Deflator for Gross Domestic Product from the U.S. Bureau of Economic Analysis. This proposed 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. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement, unless it displays a currently valid Office of Management and Budget (OMB) control number. The FAA has determined that there is no new requirement for information collection associated with this proposed rule. F. Environmental Analysis FAA Order 1050.1 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 proposed rulemaking action qualifies for the categorical exclusion identified in paragraph 5–6.6f for regulations and involves no extraordinary circumstances. V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this proposed rule under the principles and criteria of Executive Order (E.O.) 13132, Federalism. The FAA has determined PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 that 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. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Consistent with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments,41 and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,42 the FAA ensures that 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. At this point, the FAA has not identified any unique or significant effects, environmental or otherwise, on tribes resulting from this proposed rule. C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this proposed rule under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The FAA has determined that it would not be a ‘‘significant energy action’’ under the Executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy. D. Executive Order 13609, Promoting International Regulatory Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of E.O. 13609 and has determined that this action would have no effect on international regulatory cooperation. 41 65 FR 67249 (Nov. 6, 2000). Order No. 1210.20 (Jan. 28, 2004), available at www.faa.gov/documentLibrary/media/ 1210.pdf. 42 FAA E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules VI. Additional Information C. Electronic Access and Filing A. Comments Invited A copy of this NPRM, all comments received, any final rule, and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this proposed rule will be placed in the docket. 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 the 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. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing this proposed rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The FAA also invites comments relating to the economic, environmental, energy, 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. The 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 rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives. lotter on DSK11XQN23PROD with PROPOSALS1 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 that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The 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 that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 D. Small Business Regulatory Enforcement Fairness Act 56557 ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9680. 2. Comments Submitted to the Docket Comments received may be viewed by going to www.regulations.gov and following the online instructions to search the docket number for this action. Anyone may 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.). 3. 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 www.faa.gov/regulations_policies/ rulemaking/sbre_act/. List of Subjects 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 www.faa.gov/regulations_policies/ rulemaking/sbre_act/. 14 CFR Part 401 1. Rulemaking Documents 14 CFR Part 431 An electronic copy of a rulemaking document may be obtained by using the internet— 1. Search the Federal eRulemaking Portal (www.regulations.gov); 2. Visit the FAA’s Regulations and Policies web page at www.faa.gov/ regulations_policies/; or 3. Access the Government Printing Office’s web page at www.GovInfo.gov. Copies may also be obtained by sending a request (identified by notice or docket number of this proposed rulemaking) to the Federal Aviation Administration, Office of Rulemaking, Launch and reentry safety, Aviation safety, Reporting and recordkeeping requirements, Rockets, Space transportation and exploration. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Organization and functions (Government agencies), Space transportation and exploration. 14 CFR Part 413 Confidential business information, Space transportation and exploration. 14 CFR Part 415 Aviation safety, Environmental protection, Investigations, Reporting and recordkeeping requirements, Space transportation and exploration. 14 CFR Part 435 Launch and reentry safety, Aviation safety, Reporting and recordkeeping requirements, Rockets, Space transportation and exploration. 14 CFR Part 437 Aircraft, Aviation safety, Reporting and recordkeeping requirements, Space transportation and exploration. E:\FR\FM\18AUP1.SGM 18AUP1 56558 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules 14 CFR Part 440 Indemnity payments, Insurance, 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. 14 CFR Part 460 Aircraft, Reporting and recordkeeping requirements, Space transportation and exploration. The Proposed Amendments In consideration of the foregoing, the Federal Aviation Administration proposes to amend chapter III of title 14, Code of Federal Regulations as follows: PART 401—ORGANIZATION AND DEFINITIONS 1. The authority citation for part 401 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. 2. Amend § 401.5 by— a. Adding in alphabetical order a definition for ‘‘Government astronaut’’; ■ b. Revising the definition of ‘‘Human space flight incident’’; ■ c. Adding in alphabetical order definitions for ‘‘International partner astronaut’’, and ‘‘International Space Station Intergovernmental Agreement’’; and ■ d. Revising the definitions of ‘‘Launch’’, ‘‘Launch accident’’, ‘‘Reenter; reentry’’, ‘‘Reentry accident’’, and ‘‘Space flight participant’’; The additions and revisions read as follows: ■ ■ § 401.5 Definitions. lotter on DSK11XQN23PROD with PROPOSALS1 * * * * * Government astronaut means an individual who— (1) Is designated by the National Aeronautics and Space Administration under Title 51, United States Code, Section 20113(n); (2) Is carried within a launch vehicle or reentry vehicle in the course of their employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and (3) Is either— (i) An employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 (ii) An international partner astronaut. * * * * Human space flight incident means an unplanned event that poses a high risk of causing a serious or fatal injury to a space flight participant, crew, or government astronaut. * * * * * International partner astronaut means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member. International Space Station Intergovernmental Agreement means the Agreement Concerning Cooperation on the International Space Station, signed in Washington, DC, on January 29, 1998 (TIAS 12927). * * * * * Launch means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth in a suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space, and includes preparing a launch vehicle for flight at a launch site in the United States. Launch includes the flight of a launch vehicle and includes pre- and post-flight ground operations as follows: (1) Beginning of launch. (i) Under a license, launch begins with the arrival of a launch vehicle or payload at a U.S. launch site. (ii) Under a permit, launch begins when any pre-flight ground operation at a U.S. launch site meets all of the following criteria: (A) Is closely proximate in time to flight, (B) Entails critical steps preparatory to initiating flight, (C) Is unique to space launch, and (D) Is inherently so hazardous as to warrant the FAA’s regulatory oversight. (2) End of launch. (i) For launch of an orbital expendable launch vehicle (ELV), launch ends after the licensee’s last exercise of control over its launch vehicle. (ii) For launch of an orbital reusable launch vehicle (RLV) with a payload, launch ends after deployment of the payload. For any other orbital RLV, launch ends upon completion of the first sustained, steady-state orbit of an RLV at its intended location. (iii) For a suborbital ELV or RLV launch, launch ends after reaching apogee if the flight includes a reentry, or otherwise after vehicle landing or impact on Earth, and after activities necessary to return the vehicle to a safe condition on the ground. * PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Launch accident means— (1) An event that causes a fatality or serious injury (as defined in 49 CFR 830.2) to any person who is not associated with the flight; (2) An event that causes damage estimated to exceed $25,000 to property not associated with the flight that is not located at the launch site or designated recovery area; (3) An unplanned event occurring during the flight of a launch vehicle resulting in the impact of a launch vehicle, its payload or any component thereof: (i) For an expendable launch vehicle, outside designated impact limit lines; and (ii) For a reusable launch vehicle, outside a designated landing site. (4) For a launch that takes place with a person on board, a fatality or serious injury to a space flight participant, crew, or government astronaut. * * * * * Reenter; reentry means to return or attempt to return, purposefully, a reentry vehicle and its payload or human being, if any, from Earth orbit or from outer space to Earth. The term ‘‘reenter; reentry’’ includes activities conducted in Earth orbit or outer space to determine reentry readiness and that are critical to ensuring public health and safety and the safety of property during reentry flight. The term ‘‘reenter; reentry’’ also includes activities conducted on the ground after vehicle landing on Earth to ensure the reentry vehicle does not pose a threat to public health and safety or the safety of property. Reentry accident means— (1) Any unplanned event occurring during the reentry of a reentry vehicle resulting in the impact of the reentry vehicle, its payload, or any component thereof, outside a designated reentry site; (2) An event that causes a fatality or serious injury (as defined in 49 CFR 830.2) to any person who is not associated with the reentry; (3) An event that causes damage estimated to exceed $25,000 to property not associated with the reentry and not located within a designated reentry site; and (4) For a reentry that takes place with a person on board, a fatality or serious injury to a space flight participant, crew, or government astronaut. * * * * * Space flight participant means an individual, who is not crew or a government astronaut, carried aboard a launch vehicle or reentry vehicle. * * * * * E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules 3. Amend § 401.7 by— a. Adding in alphabetical order definitions for ‘‘Government astronaut’’, ‘‘International partner astronaut’’, and ‘‘International Space Station Intergovernmental Agreement’’; and ■ b. Revising the definition of ‘‘Space flight participant’’. The additions and revision read as follows: ■ ■ § 401.7 PART 415—LAUNCH LICENSE 6. The authority citation for part 415 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. ■ Definitions. * * * * * Government astronaut means an individual who— (1) Is designated by the National Aeronautics and Space Administration under Title 51, United States Code, Section 20113(n); (2) Is carried within a launch vehicle or reentry vehicle in the course of their employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and (3) Is either— (i) An employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or (ii) An international partner astronaut. * * * * * International partner astronaut means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the United States, as qualified to serve as an International Space Station crew member. International Space Station Intergovernmental Agreement means the Agreement Concerning Cooperation on the International Space Station, signed in Washington, DC, on January 29, 1998 (TIAS 12927). * * * * * Space flight participant means an individual, who is not crew or a government astronaut, carried aboard a launch vehicle or reentry vehicle. * * * * * PART 413—LICENSE APPLICATION PROCEDURES 4. The authority citation for part 413 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. lotter on DSK11XQN23PROD with PROPOSALS1 under this section may instead obtain an experimental permit to launch or reenter a reusable suborbital vehicle under part 437 of this chapter. 5. Amend § 413.3 by revising paragraph (f) to read as follows: ■ 7. Revise § 415.8 to read as follows: § 415.8 PART 431—LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV) 8. The authority citation for part 431 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. ■ 9. Revise § 431.8 to read as follows: § 431.8 PART 435—REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH VEHICLE (RLV) 10. The authority citation for part 435 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. ■ 11. Revise § 435.8 to read as follows: § 435.8 PART 437—EXPERIMENTAL PERMITS 12. The authority citation for part 437 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. * § 437.3 17:32 Aug 17, 2023 Jkt 259001 Human space flight. To obtain a reentry license, an applicant proposing to conduct a reentry with a human being on board the vehicle must demonstrate compliance with §§ 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this subchapter. ■ VerDate Sep<11>2014 Human space flight. To obtain a launch license, an applicant proposing to conduct a reusable launch vehicle mission with a human being on board must demonstrate compliance with §§ 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this subchapter. § 413.3 Who must obtain a license or permit. * * * * (f) A person, individual, or foreign entity otherwise requiring a license Human space flight. To obtain a launch license, an applicant proposing to conduct a launch with a human being on board must demonstrate compliance with §§ 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this subchapter. 13. Revise § 437.3 to read as follows: Definitions. Envelope expansion means any portion of a flight where planned PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 56559 operations will subject a reusable suborbital vehicle to the effects of altitude, velocity, acceleration, or burn duration that exceed a level or duration successfully verified during an earlier flight. Exclusion area means an area, within an operating area, that a reusable suborbital vehicle’s instantaneous impact point may not traverse. Operating area means a threedimensional region where permitted flights may take place. Permitted vehicle means a reusable suborbital rocket or a reusable launch vehicle that will be launched into a suborbital trajectory or reentered that is operated by a launch or reentry operator under an experimental permit. Reentry impact point means the location of a reusable suborbital vehicle’s instantaneous impact point during its unpowered exoatmospheric suborbital flight. ■ 14. Revise § 437.5 to read as follows: § 437.5 Eligibility for an experimental permit. The FAA will issue an experimental permit to a person to launch or reenter a reusable suborbital vehicle only for— (a) Research and development to test design concepts, equipment, or operating techniques; (b) A showing of compliance with requirements for obtaining a license under this subchapter; or (c) Crew training for a launch or reentry using the design of the reusable suborbital vehicle for which the permit would be issued. ■ 15. Amend § 437.7 by revising the introductory text and paragraph (b) to read as follows: § 437.7 Scope of an experimental permit. An experimental permit authorizes launch or reentry of a reusable suborbital vehicle. The authorization includes pre- and post-flight ground operations as defined in this section. * * * * * (b) A post-flight ground operation includes each operation necessary to return the reusable suborbital vehicle to a safe condition after it lands or impacts. ■ 16. Revise § 437.9 to read as follows: § 437.9 Issuance of an experimental permit. The FAA issues an experimental permit authorizing an unlimited number of launches or reentries for a reusable suborbital vehicle design for the uses described in § 437.5. ■ 17. Amend § 437.21 by revising paragraphs (b)(1)(i) and (iv), (b)(3), (c), and (d) to read as follows: E:\FR\FM\18AUP1.SGM 18AUP1 56560 § 437.21 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules General. lotter on DSK11XQN23PROD with PROPOSALS1 * * * * * (b) * * * (1) * * * (i) General. 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 to consider and document 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. * * * * * (iv) Information requirements. An application must include an approved FAA Environmental Assessment, Environmental Impact Statement, categorical exclusion determination, or written re-evaluation covering all planned permitted activities in compliance with NEPA and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA. * * * * * (3) Human space flight. An applicant proposing to conduct a permitted operation with a human being on board a reusable suborbital vehicle must demonstrate compliance with §§ 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this subchapter. (c) Use of a safety element approval. If an applicant proposes to use any reusable suborbital vehicle, safety system, process, service, or personnel for which the FAA has issued a safety element approval under part 414 of this chapter, the FAA will not reevaluate that safety element to the extent its use is within its approved scope. As part of the application process, the FAA will evaluate the integration of that safety element into vehicle systems or operations. (d) Inspection before issuing a permit. Before the FAA issues an experimental permit, an applicant must make each reusable suborbital vehicle planned to be flown available to the FAA for inspection. The FAA will determine whether each reusable suborbital vehicle is built as represented in the application. * * * * * ■ 18. Amend § 437.23 by revising paragraphs (a) and (b) to read as follows: § 437.23 Program description. (a) An applicant must provide— VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 (1) Dimensioned three-view drawings or photographs of the reusable suborbital vehicle; and (2) Gross liftoff weight and thrust profile of the reusable suborbital vehicle. (b) An applicant must describe— (1) All reusable suborbital vehicle systems, including any structural, flight control, thermal, pneumatic, hydraulic, propulsion, electrical, environmental control, software and computing systems, avionics, and guidance systems used in the reusable suborbital vehicle; (2) The types and quantities of all propellants used in the reusable suborbital vehicle; (3) The types and quantities of any hazardous materials used in the reusable suborbital vehicle; (4) The purpose for which a reusable suborbital vehicle is to be flown; and * * * * * ■ 19. Amend § 437.25 by revising paragraph (c) to read as follows: § 437.25 Flight test plan. * * * * * (c) For each operating area, provide the planned maximum altitude of the reusable suborbital vehicle. ■ 20. Amend § 437.31 by revising paragraphs (a) introductory text, (a)(1), and (b), to read as follows: § 437.31 Verification of operating area containment and key flight-safety event limitations. (a) An applicant must identify, describe, and provide verification evidence of the methods and systems used to meet the requirement of § 437.57(a) to contain its reusable suborbital vehicle’s instantaneous impact point within an operating area and outside any exclusion area. The description must include, at a minimum— (1) Proof of physical limits on the ability of the reusable suborbital vehicle to leave the operating area; or * * * * * (b) An applicant must identify, describe, and provide verification evidence of the methods and systems used to meet the requirements of § 437.59 to conduct any key flight-safety event so that the reusable suborbital vehicle’s instantaneous impact point, including its expected dispersions, is over unpopulated or sparsely populated areas, and to conduct each reusable suborbital vehicle flight so that the reentry impact point does not loiter over a populated area. ■ 21. Revise § 437.33 to read as follows: § 437.33 Landing and impact locations. An applicant must demonstrate that each location for nominal landing or PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 any contingency abort landing of the reusable suborbital vehicle, and each location for any nominal or contingency impact or landing of a component of that reusable suborbital vehicle, satisfies § 437.61. ■ 22. Amend § 437.53 by revising the introductory text to read as follows: § 437.53 Pre-flight and post-flight operations. A permittee must protect the public from adverse effects of hazardous operations and systems in preparing a reusable suborbital vehicle for flight at a launch site in the United States and returning the reusable suborbital vehicle and any support equipment to a safe condition after flight. At a minimum, a permittee must— * * * * * ■ 23. Amend § 437.57 by revising paragraphs (a) and (c) to read as follows: § 437.57 Operating area containment. (a) During each permitted flight, a permittee must contain its reusable suborbital vehicle’s instantaneous impact point within an operating area determined in accordance with paragraph (b) and outside any exclusion area defined by the FAA in accordance with paragraph (c) of this section. * * * * * (c) The FAA may prohibit a reusable suborbital vehicle’s instantaneous impact point from traversing certain areas within an operating area by designating one or more areas as exclusion areas, if necessary to protect public health and safety, safety of property, or foreign policy or national security interests of the United States. An exclusion area may be confined to a specific phase of flight. ■ 24. Amend § 437.59 by revising paragraph (a) introductory text and (b) to read as follows: § 437.59 Key flight-safety event limitations. (a) A permittee must conduct any key flight-safety event so that the reusable suborbital vehicle’s instantaneous impact point, including its expected dispersion, is over an unpopulated or sparsely populated area. At a minimum, a key flight-safety event includes: * * * * * (b) A permittee must conduct each reusable suborbital vehicle flight so that the reentry impact point does not loiter over a populated area. ■ 25. Amend § 437.61 by revising the introductory text to read as follows: § 437.61 Landing and impact locations. For a nominal or any contingency abort landing of a reusable suborbital vehicle, or for any nominal or E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules contingency impact or landing of a component of that reusable suborbital vehicle, a permittee must use a location that— * * * * * ■ 26. Amend § 437.71 by revising paragraphs (a), (c), (d), and (e) to read as follows: § 437.71 Flight rules. (a) Before initiating flight, a permittee must confirm that all systems and operations necessary to ensure that safety measures derived from §§ 437.55, 437.57, 437.59, 437.61, 437.63, 437.65, 437.67, and 437.69 are within acceptable limits. * * * * * (c) A permittee may not operate a reusable suborbital vehicle in a careless or reckless manner that would endanger any member of the public during any phase of flight. (d) A permittee may not operate a reusable suborbital vehicle in areas designated in a Notice to Airmen under 14 CFR 91.137, 91.138, 91.141, or 91.145, unless authorized by: (1) Air Traffic Control; or (2) A Flight Standards Certificate of Waiver or Authorization. (e) For any phase of flight where a permittee operates a reusable suborbital vehicle like an aircraft in the National Airspace System, a permittee must comply with the provisions of 14 CFR part 91 specified in an experimental permit issued under this part. ■ 27. Amend § 437.85 by revising paragraph (a) to read as follows: § 437.85 Allowable design changes; modification of an experimental permit. (a) The FAA will identify in the experimental permit the type of changes that the permittee may make to the reusable suborbital vehicle design without invalidating the permit. * * * * * ■ 28. Revise § 437.91 to read as follows: § 437.91 For hire prohibition. No permittee may carry any property or human being for compensation or hire on a reusable suborbital vehicle. ■ 29. Revise § 437.95 to read as follows: lotter on DSK11XQN23PROD with PROPOSALS1 § 437.95 Inspection of additional reusable suborbital vehicles. A permittee may launch or reenter additional reusable suborbital vehicles of the same design under the permit after the FAA inspects each additional reusable suborbital vehicle. PART 440—FINANCIAL RESPONSIBILITY 30. The authority citation for part 440 continues to read as follows: ■ VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 Authority: 51 U.S.C. 50901–50923. 31. Amend § 440.3 by revising the definitions of ‘‘Government personnel’’, ‘‘Permit’’, ‘‘Permitted activity’’, and ‘‘Third party’’ to read as follows: ■ § 440.3 Definitions. * * * * * Government personnel means employees of the United States, its agencies, and its contractors and subcontractors, involved in launch or reentry services for an activity authorized by an FAA license or permit. Employees of the United States include members of the Armed Forces of the United States. Government personnel exclude government astronauts. * * * * * Permit means an authorization the FAA issues under this subchapter for the launch or reentry of a reusable suborbital vehicle. Permitted activity means the launch or reentry of a reusable suborbital vehicle conducted under a permit issued by the FAA. * * * * * Third party means— (1) Any person other than: (i) The United States, any of its agencies, and its contractors and subcontractors involved in launch or reentry services for a licensed or permitted activity; (ii) A licensee, permittee, and its contractors and subcontractors involved in launch or reentry services for a licensed or permitted activity; (iii) A customer and its contractors and subcontractors involved in launch or reentry services for a licensed or permitted activity; (iv) A member of a crew; (v) A space flight participant; and (vi) A government astronaut. (2) Government personnel, as defined in this section, are third parties. * * * * * ■ 32. Amend § 440.9 by revising paragraph (b)(2), (3), and (4) to read as follows: § 440.9 Insurance requirements for licensed or permitted activities. * * * * * (b) * * * (2) The United States, its agencies, and its contractors and subcontractors involved in a licensed or permitted activity; (3) Government personnel; and (4) Space flight participants. This paragraph (b)(4) shall cease to be effective on September 30, 2025, unless public law modifies the limitation in section 50914 of Title 51 of the U.S. Code. * * * * * PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 56561 33. Amend § 440.17 by revising paragraphs (c) introductory text, (d) introductory text, (e) introductory text, and (f) and adding paragraph (g) to read as follows: ■ § 440.17 Reciprocal waiver of claims requirements. * * * * * (c) For each licensed or permitted activity in which the United States, or its contractors and subcontractors, is involved or where property insurance is required under § 440.9(d), the Federal Aviation Administration of the Department of Transportation, the licensee or permittee, and each first-tier customer must enter into a reciprocal waiver of claims agreement. The reciprocal waiver of claims must be in a form acceptable to the Administrator and must provide that: * * * * * (d) For each licensed or permitted activity in which the United States or its contractors and subcontractors are involved, the Federal Aviation Administration of the Department of Transportation and each space flight participant must enter into or have in place a reciprocal waiver of claims agreement. The reciprocal waiver of claims must be in a form acceptable to the Administrator. * * * * * (e) For each licensed or permitted activity in which the United States or its contractors and subcontractors is involved, the Federal Aviation Administration of the Department of Transportation and each crew member must enter into or have in place a reciprocal waiver of claims agreement. The reciprocal waiver of claims must be in a form acceptable to the Administrator. * * * * * (f) The licensee or permittee and each space flight participant must enter into a reciprocal waiver of claims agreement under which each party waives and releases claims against the other party to the waiver, and agrees to assume financial responsibility for property damage it sustains and for bodily injury or property damage, and to hold harmless and indemnify each other from bodily injury or property damage, resulting from a licensed or permitted activity, regardless of fault. This paragraph (f) shall cease to be effective as of September 30, 2025, unless public law modifies the limitation in section 50914 of Title 51 of the U.S. Code. (g) Any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify pursuant to this section does not apply to claims for E:\FR\FM\18AUP1.SGM 18AUP1 56562 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules bodily injury or property damage resulting from willful misconduct of any of the parties to the reciprocal waiver of claims, the contractors and subcontractors of any of the parties to the reciprocal waiver of claims, and in the case of licensee or permittee and customers and the contractors and subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents. Appendix B Through E to Part 440— [Removed] 34. Remove appendices B through E to part 440. ■ PART 450—LAUNCH AND REENTRY LICENSE REQUIREMENTS 35. The authority citation for part 450 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. 36. Amend § 450.45 by revising paragraphs (e)(3)(ii)(E) and (e)(5) to read as follows: ■ § 450.45 Safety review and approval. * * * * * (e) * * * (3) * * * (ii) * * * (E) For an unguided suborbital launch vehicle, the location of the vehicle’s center of pressure in relation to its center of gravity for the entire flight profile. * * * * * (5) Human space flight. For a proposed launch or reentry with a human being on board a vehicle, an applicant must demonstrate compliance with §§ 460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this chapter. * * * * * PART 460—HUMAN SPACE FLIGHT REQUIREMENTS 37. The authority citation for part 460 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. lotter on DSK11XQN23PROD with PROPOSALS1 ■ 38. Add subpart C to read as follows: Subpart C—Launch and Reentry With a Government Astronaut With a SafetyCritical Role Sec. 460.55 Scope. 460.57 Applicability. 460.59 Operator training of government astronauts with a safety-critical role. 460.61 Environmental control and life support systems. VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 Subpart C—Launch and Reentry With a Government Astronaut With a SafetyCritical Role § 460.55 Scope. This subpart establishes requirements for operators and applicants whose licensed or permitted operations involve government astronauts on board a vehicle. § 460.57 Applicability. This subpart applies to: (a) An applicant for a license or permit under this chapter who proposes to have a government astronaut with a safety-critical role on board a vehicle. (b) An operator licensed or permitted under this chapter who has a government astronaut without a safetycritical role on board a vehicle. § 460.59 Operator training of government astronauts with a safety-critical role. (a) An operator must train each government astronaut with a safetycritical role on— (1) How to carry out their safetycritical role on board or on the ground so that the vehicle will not harm the public; and (2) Their role in nominal and nonnominal conditions, including abort scenarios and emergency operations, to the extent that performance of their role could impact public safety. (b) An operator must ensure any government astronaut who has the ability to control, in real time, a launch or reentry vehicle’s flight path during a phase of flight capable of endangering the public: (1) Receives vehicle and missionspecific training for each phase of flight capable of endangering the public and over which the government astronaut has the ability to control the vehicle by using one or more of the following: (i) A method or device that simulates the flight; (ii) An aircraft whose characteristics are similar to the vehicle or that has similar phases of flight to the vehicle; (iii) Flight testing; or (iv) An equivalent method of training approved by the FAA through the license process. (2) Trains for each mode of control or propulsion, including any transition between modes, such that the government astronaut is able to control the vehicle. (3) Possesses aeronautical knowledge, experience, and skills necessary to pilot and control the launch or reentry vehicle that will operate in the National Airspace System (NAS). Aeronautical experience may include hours in flight, ratings, and training. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 (c) With respect to training device fidelity, an operator must: (1) Ensure that any government astronaut training device used to meet the training requirements realistically represents the vehicle’s configuration and mission; or, (2) Inform the government astronaut being trained of the differences between the training device and the vehicle’s configuration and mission. (d) An operator must update the government astronaut training continually to ensure that the training incorporates lessons learned from training and operational missions including— (1) Tracking each revision and updating in writing; and (2) Documenting the completed training for each government astronaut and maintaining the documentation for each active government astronaut. (e) An operator must establish a recurrent training schedule and ensure that all training of government astronauts performing safety-critical roles is current before launch or reentry. § 460.61 Environmental control and life support systems. (a) An operator must provide atmospheric conditions adequate to sustain life and consciousness for all inhabited areas within a vehicle that house a government astronaut. The operator must monitor and control the following atmospheric conditions in the inhabited areas or demonstrate through the license or permit process that an alternate means provides an equivalent level of safety— (1) Composition of the atmosphere, which includes oxygen and carbon dioxide, and any revitalization; (2) Pressure, temperature and humidity; (3) Contaminants that include particulates and any harmful or hazardous concentrations of gases, or vapors; and (4) Ventilation and circulation. (b) An operator must provide an adequate redundant or secondary oxygen supply for any government astronaut with a safety-critical role. (c) An operator must provide a redundant means of preventing cabin depressurization; or prevent incapacitation of any government astronaut with a safety-critical role in the event of loss of cabin pressure. ■ 39. Add subpart D to read as follows: Subpart D—Launch and Reentry With a Government Astronaut Without a SafetyCritical Role Sec. 460.63 Scope. 460.65 Applicability. E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Proposed Rules 460.67 Operator training of government astronauts without a safety-critical role. Subpart D—Launch and Reentry With a Government Astronaut Without a Safety-Critical Role § 460.63 Scope. This subpart establishes requirements for operators and applicants whose licensed or permitted operations involve government astronauts on board a vehicle without a safety-critical role. § 460.65 Applicability. This subpart applies to: (a) An applicant for a license or permit under this chapter who proposes to have a government astronaut without a safety-critical role on board a vehicle. (b) An operator licensed or permitted under this chapter who has a government astronaut without a safetycritical role on board a vehicle. § 460.67 Operator training of government astronauts without a safety-critical role. An operator must train each government astronaut without a safetycritical role on how to respond to emergency situations, including smoke, fire, loss of cabin pressure, and emergency exit. Issued under authority provided by 49 U.S.C. 106(f) and 51 U.S.C. Chapter 509 in Washington, DC. Kelvin B. Coleman, Associate Administrator, Office of Commercial Space Transportation. [FR Doc. 2023–16858 Filed 8–17–23; 8:45 am] BILLING CODE 4910–13–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022, 4044, 4050, 4262 and 4281 RIN 1212–AA55 Valuation Assumptions and Methods Pension Benefit Guaranty Corporation. ACTION: Proposed rule. AGENCY: This proposed rule would update the interest, mortality, and expense assumptions used to determine the present value of benefits for a singleemployer pension plan under subpart B of the Pension Benefit Guaranty Corporation’s regulation on Allocation of Assets in Single-Employer Plans, to determine components of mass withdrawal liability for a multiemployer pension plan, and for other purposes. DATES: Comments must be submitted on or before October 17, 2023 to be assured of consideration. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:32 Aug 17, 2023 Jkt 259001 Comments may be submitted by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for sending comments. • Email: reg.comments@pbgc.gov. Refer to RIN 1212–AA55 in the subject line. • Mail or Hand Delivery: Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024–2101. Commenters are strongly encouraged to submit comments electronically. Commenters who submit comments on paper by mail should allow sufficient time for mailed comments to be received before the close of the comment period. All submissions must include the agency’s name (Pension Benefit Guaranty Corporation or PBGC), the title for this rulemaking (Valuation Assumptions and Methods), and the Regulation Identifier Number for this rulemaking (RIN 1212–AA55). Comments received will be posted without change to PBGC’s website, www.pbgc.gov, including any personal information provided. Do not submit comments that include any personally identifiable information or confidential business information. Copies of comments may also be obtained by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024–2101, or calling 202–326–4040 during normal business hours. If you are deaf or hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. FOR FURTHER INFORMATION CONTACT: Gregory M. Katz (katz.gregory@ pbgc.gov), Attorney, Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024–2101; 202–229–3829. If you are deaf or hard of hearing, or have a speech disability, please dial 7–1–1 to access telecommunications relay services. SUPPLEMENTARY INFORMATION: ADDRESSES: Executive Summary Purpose and Authority This proposed rule would update the actuarial assumptions used to determine the present value of a single-employer plan’s benefits when it terminates in a distress or involuntary termination, to determine the present value of multiemployer plan benefits in certain withdrawal liability calculations, and for other purposes. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 56563 Legal authority for this action comes from section 4002(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), which authorizes the Pension Benefit Guaranty Corporation (PBGC) to issue regulations to carry out the purposes of title IV of ERISA; section 4044 of ERISA (Allocation of Assets); section 4010 of ERISA (Authority to Require Certain Information); section 4022 of ERISA (Single-Employer Plan Benefits Guaranteed); section 4041 of ERISA (Termination of Single-Employer Plans); section 4041A of ERISA (Termination of Multiemployer Plans); section 4043 of ERISA (Reportable Events); section 4062 of ERISA (Liability for Termination of Single-Employer Plans Under a Distress Termination or a Termination by Corporation); section 4050 of ERISA (Missing Participants); section 4219 of ERISA (Notice, Collection, Etc., of Withdrawal Liability); section 4262 of ERISA (Special Financial Assistance by the Corporation); and section 4281 of ERISA (Benefits Under Certain Terminated Plans). Major Provisions This proposed rule would modify the interest, mortality, and expense assumptions for valuing benefits under subpart B to PBGC’s regulation on Allocation of Assets in Single-Employer Plans (‘‘benefits valuation regulation’’) (29 CFR part 4044) to: • Modernize the interest assumption structure by adopting a yield curve approach; • Enable the use of market interest rates as of the date of liability measurement (i.e., the valuation date) as the basis for the interest assumption; • Increase transparency by using a procedure based on publicly available yield curves as of the valuation date; • Adopt a more recent mortality table along with a generational mortality improvement projection; and • Simplify the expense assumption. Because the assumptions for valuing benefits are incorporated by reference in other regulations, the changes to these assumptions would affect PBGC’s regulations on Notice, Collection, and Redetermination of Withdrawal Liability (29 CFR part 4219); Special Financial Assistance by PBGC (29 CFR part 4262); Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281); Annual Financial and Actuarial Information Reporting (29 CFR part 4010); Missing Participants (29 CFR part 4050); and other regulations. Background The Pension Benefit Guaranty Corporation (PBGC) administers two E:\FR\FM\18AUP1.SGM 18AUP1

Agencies

[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Proposed Rules]
[Pages 56546-56563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16858]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / 
Proposed Rules

[[Page 56546]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 413, 415, 431, 435, 437, 440, 450, and 460

[Docket No.: FAA-2023-1656; Notice No. 23-11]
RIN 2120-AL19


U.S. Commercial Space Launch Competitiveness Act Incorporation

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposed rule would incorporate various changes required 
by the United States Commercial Space Launch Competitiveness Act of 
November 2015. This proposed rule would provide regulatory clarity to 
applicants seeking licenses for space flight operations involving 
government astronauts by adding two new subparts to the human space 
flight regulations containing requirements for operators with 
government astronauts with and without safety-critical roles on board 
vehicles. The proposed rule would also require an operator to 
demonstrate any government astronauts on board can perform their role 
in safety-critical tasks. This proposed requirement would maintain 
public safety by ensuring operators provide mission specific training 
on safety-critical tasks to government astronauts, as has been done in 
the NASA Commercial Crew Program. The proposed rule would also update 
definitions relating to commercial space launch and reentry vehicles 
and occupants to reflect current legislative definitions, expand 
applicability of permitted operations for reusable suborbital rockets 
to include reusable launch vehicles that will be launched into a 
suborbital trajectory or reentered from a suborbital trajectory, as 
well as implement clarifications to financial responsibility 
requirements in accordance with the United States Commercial Space 
Launch Competitiveness Act. Finally, this proposed rule would move the 
templates for waiver of claims to an advisory circular.

DATES: Comments are due on or before October 17, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1656 
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, M-30; U.S. 
Department of Transportation (DOT), 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.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edits, 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.
    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 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.

FOR FURTHER INFORMATION CONTACT: Charles Huet, Space Policy Division, 
Space Regulations and Standards Branch, ASZ-210, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 306-9069; email [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and codified at 
51 U.S.C. 50901-50923 (the Act), 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 U.S. In addition, 
section 50903 directs the Secretary to encourage, facilitate, and 
promote private sector commercial space launches and reentries. As 
codified in 49 CFR 1.83(b), the Secretary has delegated authority to 
the FAA Administrator to carry out these functions.

I. Overview

    This proposed rule would amend title 14 of the Code of Federal 
Regulations (14 CFR) parts 401, 413, 415, 431, 435, 437, 440, 450, and 
460 by incorporating statutory changes resulting from the United States 
Commercial Space Launch Competitiveness Act (CSLCA).\1\ This rule 
proposes to add definitions for ``Government astronaut,'' 
``International partner astronaut,'' and ``International Space Station 
Intergovernmental Agreement'' and would also revise other definitions 
required to address the addition of ``Government astronaut.'' This 
proposed rule would also: (1) expand applicability of permitted 
operations for suborbital rockets to suborbital launch and reentry 
vehicles (2) revise the human space flight sections of parts 415, 431, 
435, 437, and 450 to include the term ``human being'' in order to 
incorporate government astronauts; (3) update the financial 
responsibility requirements in part 440 to exclude government 
astronauts from the definitions of ``Third party'' and ``Government 
personnel'' in part 440; (4) add space flight participants to the 
insurance requirements in Sec.  440.9, and the reciprocal waiver of 
claims requirements in Sec.  440.17; and (5) remove the templates for 
waiver of claims and assumption of responsibilities in appendices B 
through

[[Page 56547]]

E of part 440 from the regulations and place them in a separate 
advisory circular (AC). Finally, this rule would create two new 
subparts in 14 CFR part 460 to include proposed requirements for 
operators and applicants whose licensed or permitted operations involve 
government astronauts with and without safety-critical roles on board a 
vehicle.
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    \1\ Public Law 114-90, sections 103, 104, 107, and 112.
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II. Background

A. National Aeronautics and Space Administration's Commercial Crew 
Program

    The National Aeronautics and Space Administration (NASA) Commercial 
Crew Program provides human transportation between the U.S. and the 
International Space Station (ISS) through the purchase of 
transportation services from American commercial launch providers. It 
has resulted in NASA astronauts flying on board licensed commercial 
vehicles to or from the ISS since 2020. A new generation of spacecraft 
and launch systems capable of carrying government astronauts to low-
Earth orbit and the ISS provides expanded utility, additional research 
time, and broader opportunities for discovery on the ISS. The 
Commercial Crew Program represents a revolutionary approach to 
government and commercial collaborations for the advancement of space 
exploration.
    NASA--including Johnson Space Center and Kennedy Space Center--and 
the FAA have previously discussed the statutory and regulatory 
definitions that apply to NASA astronauts riding on board Commercial 
Crew Program-provided spacecraft and the associated roles and 
responsibilities of both agencies. These discussions led NASA and the 
FAA to establish the NASA-FAA Joint Legal Working Group in January 
2012. This working group eventually contributed to a series of 
recommendations NASA provided to Congress in proposed legislation. As 
detailed below, title 51 did not effectively accommodate NASA 
astronauts flying on commercially owned and operated spacecraft. NASA 
and the FAA jointly determined that the legal definitions for crew and 
space flight participants were insufficient to accommodate the role of 
government astronauts on board Commercial Crew missions. The agencies 
agreed that a change to legislation would be needed to support the 
success of its Commercial Crew Program and to support commercial human 
space flight endeavors in general.\2\
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    \2\ Interpretation Concerning Involvement of NASA Astronauts 
During a Licensed Launch or Reentry. 78 FR 72011 (2013).
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B. Issues With Categorizing NASA Astronauts as ``Space Flight 
Participants'' or ``Crew''

    Before the passage of the CSLCA in 2015, title 51--and by extension 
FAA regulations codifying the statutes--only contemplated two 
categories of persons carried on board FAA-licensed launch and reentry 
vehicles: ``crew'' and ``space flight participants.'' These 
designations were problematic for NASA astronauts for several reasons. 
``Crew'' was defined as any employee of a licensee or transferee, or of 
a contractor or subcontractor of a licensee or transferee, who performs 
activities in the course of that employment directly relating to the 
launch, reentry, or other operation of or in a launch vehicle or 
reentry vehicle that carries human beings.\3\ A ``space flight 
participant'' was defined as an individual, who is not crew, carried 
within a launch vehicle or reentry vehicle.\4\ FAA regulations mirror 
these two definitions.\5\ One of the NASA-FAA Joint Legal Working 
Group's concerns in 2012 was that the professionally trained and 
experienced NASA astronauts could not be appropriately categorized 
either as ``space flight participants'' or ``crew'' as then defined in 
title 51.
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    \3\ 51 U.S.C. 50902 (2014).
    \4\ Id.
    \5\ 14 CFR 401.5 and 401.7.
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    Before passage of the CSLCA, government astronauts were categorized 
as space flight participants because they were not employees of the 
licensee or transferee or of a contractor or subcontractor of a 
licensee or transferee. The FAA could not categorize government 
astronauts as crew for the same reason. This categorization, however, 
presented multiple issues.
    First, 51 U.S.C. 50914(b) requires space flight participants to 
sign waivers of claims against the U.S. Government for personal injury, 
death, or property damage when participating in FAA-licensed launches 
and reentries. On the other hand, in Legal Interpretation to Courtney 
B. Graham (December 23, 2013), the FAA explained that NASA astronauts 
may not sign reciprocal waivers of claims because doing so would 
conflict with various federal statutes, including the Federal Employees 
Compensation Act and the Military Personnel and Civilian Employees 
Claims Act.\6\
    Second, NASA expressed concerns regarding the requirement in 51 
U.S.C. 50905(b)(5) for operators to inform space flight participants of 
the risks of licensed activity and obtain written informed consent from 
space flight participants. However, unlike space flight participants, 
government astronauts are already familiar with the particular risks 
involved in space flight and should not need to provide informed 
consent. Nevertheless, because the informed consent requirements for 
space flight participants did not conflict with federal statutes, 
unlike reciprocal waivers of claims, the government astronauts would 
have been required to comply with the requirements. Accordingly, the 
FAA issued a legal interpretation stating that NASA and international 
partner astronauts are space flight participants and therefore must 
provide informed consent in accordance with the statute and 14 CFR 
460.45; \7\ however, it was deemed not necessary when flying as a 
government astronaut.
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    \7\ Legal Interpretation to Courtney B. Graham (July 9, 2014) 
(requesting a legal interpretation on whether the holder of a 
license or permit under 51 U.S.C. Ch. 509 must obtain written 
informed consent from a space flight participant who is a NASA 
astronaut and a U.S. Government employee, either as a civil servant 
or a member of the U.S. armed forces; and whether a licensee or 
permittee must obtain informed consent from a space flight 
participant who is an astronaut employed by one of NASA's 
international partners).
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    Finally, NASA sought clarification on whether a government 
astronaut, as a space flight participant, could perform operational 
functions during a commercial space launch or reentry under license 
from the FAA.\8\ In 2013, the FAA issued a legal interpretation stating 
that, while the applicable statute and regulations did not limit a 
space flight participant's conduct or operations during launch or 
reentry, the FAA was concerned with space flight participants 
interacting with a launch or reentry vehicle based on the possibility 
that space flight participants would not have the proper vehicle and 
mission-specific training.\9\ The interpretation noted, however, that 
NASA astronauts must meet rigorous medical and training requirements, 
which include training

[[Page 56548]]

specific to each mission, launch vehicle, and reentry vehicle.\10\
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    \8\ Whereas the definition of crew in title 51 expressly 
acknowledges a crew member's ability to perform activities directly 
relating to operation of the vehicle, the definition of space flight 
participant contains no express authority to do so. See Legal 
Interpretation to Courtney B. Graham (Dec. 23, 2013) in which the 
FAA answers NASA questions regarding whether the space 
transportation regulations would restrict NASA astronauts from 
performing operational functions during a commercial space launch or 
reentry under license from the FAA.
    \9\ Legal Interpretation to Courtney B. Graham (Dec. 2, 2013) 
(78 FR 72011).
    \10\ Id.
---------------------------------------------------------------------------

C. United States Commercial Space Launch Competitiveness Act

    NASA and the FAA submitted a joint legislative request to Congress 
in 2013 to address the discussed above. In response, Congress passed 
the CSLCA in 2015 and included a definition of a new category of person 
on board an FAA-licensed launch or reentry vehicle: government 
astronaut. Under 51 U.S.C. 50902, government astronaut is defined as an 
individual who is designated by the National Aeronautics and Space 
Administration Administrator under section 51 U.S.C. 20113(n), is 
carried within a launch vehicle or reentry vehicle in the course of his 
or her employment, which may include performance of activities directly 
relating to the launch, reentry, or other operation of the launch 
vehicle or reentry vehicle, and is either an employee of the United 
States Government, including the uniformed services, engaged in the 
performance of a Federal function under authority of law or an 
Executive act, or an international partner astronaut. Per 51 U.S.C. 
20113(n), for purposes of a license issued or transferred by the 
Secretary of Transportation under chapter 509 to launch a launch 
vehicle or to reenter a reentry vehicle carrying a government astronaut 
(as defined in section 50902), NASA designates a government astronaut 
in accordance with requirements prescribed by NASA.\11\ The FAA accepts 
any NASA designation of government astronaut.
---------------------------------------------------------------------------

    \11\ 51 U.S.C. 20113(n).
---------------------------------------------------------------------------

    In addition to adding a new definition of government astronaut, the 
CSLCA added launch and reentry vehicles on a suborbital trajectory to 
permitted operations in 51 U.S.C. 50902.\12\ The CSLCA also added space 
flight participants to the insurance requirements and reciprocal waiver 
of claims requirements in 51 U.S.C. 50914 and the paying claims 
exceeding liability insurance and financial responsibility requirements 
in 51 U.S.C. 50915.
---------------------------------------------------------------------------

    \12\ Prior to the CSLCA, only reusable suborbital rockets 
qualified for a permit.
---------------------------------------------------------------------------

III. Discussion of the Proposed Rule

A. Summary

    In this rulemaking, the FAA proposes to add the statutory 
definition of ``government astronaut'' to its regulations to conform to 
the CSLCA. In addition to incorporating the title 51 definition of 
``government astronaut,'' this rulemaking would also create two new 
subparts to part 460 to address the varying responsibilities government 
astronauts might have during a launch or reentry. One subpart would 
address requirements for government astronauts whose actions have the 
ability to impact public safety because they perform a safety-critical 
role, and one subpart would address requirements for government 
astronauts that do not play a safety-critical role during licensed or 
permitted activity. The proposed rule is not intended to conflict with 
NASA vehicle certification and safety processes.
    Other changes proposed by this rulemaking would align various 
related definitions and regulations with the addition of ``government 
astronaut,'' such as replacing the terms ``crew'' and ``space flight 
participant'' with the term ``human being'' in order to encompass all 
three categories of persons carried on board a vehicle. The proposed 
addition of the ``government astronaut'' category would further require 
revisions to part 440 to exclude ``government astronauts'' from the 
definitions of ``Third party'' and ``Government personnel.'' 
Furthermore, this rulemaking proposes additional changes to the 
financial responsibility requirements in part 440 as required by the 
CSLCA. More specifically, this rulemaking would add space flight 
participants to the insurance requirements in Sec.  440.9 and the 
reciprocal waiver of claims requirements in Sec.  440.17. This 
rulemaking would remove the templates for waiver of claims and 
assumption of responsibilities in appendices B through E of part 440 
from the regulations, which the Agency proposes to relocate in a 
separate AC.

B. Changes to Part 460--Human Space Flight Requirements

    Current part 460 contains requirements for launches involving human 
space flight. Subpart A of part 460 contains requirements for launches 
and reentries with crew on board, including requirements for crew 
training, informing crew about risk, and waiver of claims against the 
U.S. Government. Subpart B of part 460 contains requirements for 
launches and reentries with human space flight participants on board, 
including requirements for informed consent, training space flight 
participants for an emergency scenario, security, and waiver of claims 
against the U.S. Government.
    In this NPRM, the FAA proposes to add subparts C and D to part 460 
to create requirements for operators conducting licensed or permitted 
operations carrying government astronauts. Proposed subpart C of part 
460 would contain operator requirements for licensed or permitted 
operations with government astronauts who perform a safety-critical 
role during launch or reentry. Consistent with the definition of 
``safety critical'' in Sec. Sec.  401.5 and 401.7, a role is safety-
critical if it is essential to safe performance or operation.\13\ As 
the FAA regulates for public safety, a government astronaut performs a 
safety-critical role because of their ability to control in real time, 
a launch or reentry vehicle's flight path during a phase of flight 
capable of endangering the public. Proposed subpart D of part 460 would 
contain operator requirements for licensed or permitted operations with 
government astronauts who do not perform a safety-critical role during 
launch or reentry.
---------------------------------------------------------------------------

    \13\ ``Safety critical'' for purposes of part 460 ``means 
essential to safe performance or operation. A safety-critical 
system, subsystem, component, condition, event, operation, process, 
or item is one whose proper recognition, control, performance, or 
tolerance is essential to ensuring public safety. Something that is 
a safety-critical item creates a safety hazard or provides 
protection from a safety hazard.'' 14 CFR 401.5.
---------------------------------------------------------------------------

1. Proposed Subpart C--Government Astronauts With Safety-Critical Roles
    To protect public safety, the FAA is proposing to require operators 
to provide training and establish environmental controls for operations 
involving government astronauts with a safety-critical role. As with 
crew, the FAA finds that government astronauts likewise would need to 
be protected from atmospheric conditions and receive training that is 
necessary for the safety of members of the public, including those on 
the ground, in the air, and in space.\14\ Previously, the FAA has 
determined that in a piloted vehicle, the vehicle's flight crew is an 
integral part of its flight safety system. This determination is based 
on the fact that they are in a position to respond to risk to the 
public, such as aborting the flight or maneuvering a vehicle away from 
populated areas.\15\ Similarly, government astronauts may be in a 
position to respond to risk to the public; therefore, the FAA is 
proposing a number of training requirements, not intended to duplicate, 
conflict with, or replace NASA`s training requirements for government 
astronauts, if they are

[[Page 56549]]

identified by the operator as having safety critical roles. Training 
provides government astronauts the knowledge and skill necessary to 
perform safety-critical tasks. Government astronauts with a safety-
critical role would be required to be trained to successfully carry out 
their role on the vehicle.
---------------------------------------------------------------------------

    \14\ As further discussed, the FAA proposes adding Sec.  460.61 
to require operators to provide an environment adequate to sustain 
life and consciousness for all inhabited areas within a vehicle that 
house a government astronaut with a safety-critical role.
    \15\ Human Space Flight Requirements for Crew and Space Flight 
Participants, NPRM, 70 FR 77262, 77265 (Dec. 29, 2005).
---------------------------------------------------------------------------

    The FAA proposes in Sec.  460.57 to specify the groups to which 
subpart C would apply. Section 460.57(a) and (b) would state that 
subpart C would apply to an applicant for a license or permit and a 
licensed or permitted operator who intends to have a government 
astronaut with a safety-critical role on board a vehicle. In order to 
determine which government astronauts would need additional vehicle-
specific training to meet the proposed requirements of subpart C, the 
operator would identify during the licensing process safety-critical 
tasks that require qualified personnel and whether a government 
astronaut would be performing any of those tasks.\16\ The operator 
would then be responsible for ensuring that those government astronauts 
identified as performing safety-critical tasks receive additional 
vehicle-specific training in accordance with proposed subpart C.
---------------------------------------------------------------------------

    \16\ In accordance with Sec.  450.149, an applicant must 
identify safety-critical tasks that require qualified personnel, 
ensure that those personnel are trained, qualified, and capable of 
performing their safety-critical tasks, and provide internal 
training and currency requirements, or any other means for 
demonstrating compliance. Similar requirements can also be found in 
Sec. Sec.  417.105, 417.311, and 415.113.
---------------------------------------------------------------------------

    The FAA proposes in Sec.  460.59(a)(1) to require an operator to 
train a government astronaut to carry out any safety-critical role on 
board so that the vehicle will not endanger the public. As stated 
above, the FAA is proposing this requirement because government 
astronauts with a safety-critical role can affect risk to the public. A 
government astronaut with a safety-critical role may have the ability 
to affect public safety, for example, through control of the trajectory 
of the vehicle, and must therefore be trained on how to carry out his 
or her mission-specific role on board the vehicle. Operators are in the 
best position to train government astronauts on particular aspects of 
the vehicle and mission that can affect public safety because they are 
most familiar with the vehicle and its operation. This training has 
been current practice on all Commercial Crew Program flights to date 
because NASA has required it from the operator through contract. The 
FAA proposes the following training requirements for those matters that 
affect public safety under its authority to issue regulations to 
license commercial space launch and reentry consistent with public 
safety.\17\
---------------------------------------------------------------------------

    \17\ The FAA notes that, while operators and NASA may establish 
mission-specific training of government astronauts through contract, 
the FAA has broader responsibility to issue regulations to protect 
public health and safety during licensed activity.
---------------------------------------------------------------------------

    The FAA proposes to require an operator to provide government 
astronauts who perform safety-critical roles a training program similar 
to the training program required for crew. Because crew and government 
astronauts with a safety-critical role could be responsible for 
accomplishing the same tasks on board a vehicle, this rule would 
require the operator to provide them with similar training on the 
unique aspects of each vehicle and mission so they can successfully 
perform their roles on board.
    While the requirements this rule proposes for government astronauts 
are similar to crew requirements, they are not identical. Current crew 
qualification and training requirements include a demonstration of the 
ability to withstand the stresses of space in sufficient condition to 
safely carry out his or her duties so that the vehicle will not harm 
the public.\18\ Each crew member with a safety-critical role is also 
required to possess and carry an FAA second-class medical 
certificate.\19\ The proposed rule would not require government 
astronauts with a safety-critical role to demonstrate an ability to 
withstand the stresses of space or to possess and carry an FAA medical 
certificate because the underlying concerns addressed by these crew 
requirements are satisfied by the NASA designation process for 
government astronauts.\20\
---------------------------------------------------------------------------

    \18\ 14 CFR 460.5(b).
    \19\ 14 CFR 460.5(e).
    \20\ For crew members to demonstrate a basic level of health 
within 12 months of launch or reentry, the FAA requires that each 
crew member with a safety-critical role must possess and carry an 
FAA second-class airman medical certificate. Human Space Flight 
Requirements for Crew and Space Flight Participants, Final Rule, 71 
FR 75616, 75620 (Dec. 15, 2006). The FAA finds that such a 
requirement would be unnecessary for government astronauts because 
to achieve a government astronaut designation, NASA has verified a 
basic level of health during its training process. Additionally, any 
government astronaut designated by NASA has been trained by NASA to 
withstand the stresses of space flight while performing their 
duties. For example, Commercial Crew Transportation contractual 
requirements CCT-PLN-1120 section 6.3.1, and CCT-STD-1150 section 
5.0 (Operations Training) ensure government astronauts can withstand 
the stresses of space flight while performing safety-critical tasks. 
See https://ntrs.nasa.gov/api/citations/20150010760/downloads/20150010760.pdf, https://ntrs.nasa.gov/api/citations/20150010761/downloads/20150010761.pdf.
---------------------------------------------------------------------------

    The FAA proposes in Sec.  460.59(a)(2) to require an operator to 
train government astronauts (either directly or through another entity) 
with a safety-critical role on their roles in nominal and non-nominal 
conditions related to the launch or reentry vehicle, including abort 
scenarios and emergency operations, to the extent that performance of 
their role could endanger public safety. This vehicle-specific training 
has been current practice on all Commercial Crew Program flights to 
date, by contract between NASA and the operator. This requirement would 
be the same as the current crew training requirements in subpart A of 
part 460.\21\ In order to meet the proposed training requirement, the 
operator would be responsible for conducting a safety analysis in 
accordance with Sec.  450.149 to identify which government astronaut 
tasks could endanger public safety.\22\ As previously mentioned, this 
analysis is necessary because government astronauts may be in a 
position to affect risk to the public and should be aware of and 
receive training on the tasks specific to their mission which could 
impact public safety. The operator would then need to ensure that the 
government astronaut is trained to successfully conduct those tasks. 
For missions where crew and government astronauts are on board, an 
operator may need to train government astronauts with crew as a team if 
safety-critical tasks require that government astronauts and crew work 
together. If a government astronaut does not have a role in nominal or 
non-nominal conditions to the extent that performance of their role 
could endanger public safety, then no additional training would be 
required.
---------------------------------------------------------------------------

    \21\ 14 CFR 460.5(a)(2).
    \22\ Section 450.149 requires an operator to ensure that its 
safety-critical personnel are trained, qualified, and capable of 
performing their safety-critical tasks, and that their training is 
current. The FAA would consider any task that may have an effect on 
public safety and meets the definition of safety-critical found in 
Sec.  401.5 subject to the requirements of Sec.  450.149. These 
tasks would include, but are not limited to, operating and 
installing flight safety system hardware, operating safety support 
systems, monitoring vehicle performance, performing flight safety 
analysis, conducting launch operations, controlling public access, 
surveillance, and emergency response. With the many different kinds 
of operations currently underway, an operator is in the best 
position to identify the operations, personnel, and training needed 
for its operation. See Streamlined Launch and Reentry Licensing 
Requirements, NPRM, 84 FR 15332 (Apr. 15, 2019).
---------------------------------------------------------------------------

    The FAA proposes in Sec.  460.59(b)(1) that an operator would 
ensure any government astronaut who has the ability to control, in real 
time, a launch or reentry vehicle's flight path during a phase of 
flight capable of endangering the public, receives vehicle specific 
training for each phase of flight capable

[[Page 56550]]

of endangering the public and over which the government astronaut has 
the ability to control the vehicle. Although government astronauts may 
have been trained on other vehicles, each vehicle has specific safety 
features that should be familiar to the person operating it. Under 
proposed Sec.  460.59(b)(1), the training could be achieved by a method 
or device that simulates the flight, by an aircraft whose 
characteristics are similar to the vehicle or has similar phases of 
flight to the vehicle, by flight testing, or by an equivalent method of 
training approved by the FAA. The first three methods would ensure the 
government astronaut has familiarity with the vehicle and its operation 
by requiring means that are sufficiently similar to actual operations. 
The final method would provide flexibility and allow an operator to 
demonstrate that an alternative method would achieve the training 
objective. This familiarity would ensure the government astronaut is 
capable of operating the vehicle safely. This proposed requirement is 
the same as the requirement for crew in Sec.  460.5(b)(3).
    Proposed Sec.  460.59(b)(2) would require an operator to train a 
government astronaut who can control the vehicle for each mode of 
control or propulsion, including any transition between modes, such 
that the government astronaut is able to control the vehicle in all 
phases of flight, including transitions between phases, that can 
endanger the public. This proposed requirement is the same as the 
requirement for crew in Sec.  460.5(c)(5).\23\
---------------------------------------------------------------------------

    \23\ A pilot would have to undergo training in procedures that 
direct the vehicle away from the public in the event the flight crew 
had to abandon the vehicle during flight. The FAA emphasizes the 
importance of an operator training in each mode of control or 
propulsion, including any transition between modes, so that the 
pilot would be able to control the vehicle throughout the flight 
regime to protect the public. See Human Space Flight Requirements 
for Crew and Space Flight Participants, NPRM, 70 FR 77267 (Dec. 29, 
2005).
---------------------------------------------------------------------------

    The training device fidelity requirement that the FAA proposes in 
Sec.  460.59(c) would ensure that any government astronaut training 
device used to meet the training requirements realistically represents 
the vehicle's configuration and mission or the operator informs the 
government astronaut being trained of the differences between the 
training device and the vehicle's configuration and mission. This 
proposed requirement would be the same as the requirement in Sec.  
460.7(b) for crew.\24\
---------------------------------------------------------------------------

    \24\ See Human Space Flight Requirements for Crew and Space 
Flight Participants, Final Rule, 71 FR 75621 (Dec. 15, 2006). Device 
fidelity speaks to the degree of realism achieved.
---------------------------------------------------------------------------

    Because they have the ability to control a vehicle's flight path in 
real time, crew who are pilots \25\ or remote operators \26\ are also 
required to satisfy a number of additional requirements including 
requirements to possess and carry an FAA pilot certificate with an 
instrument rating and possess aeronautical knowledge, experience, and 
skills necessary to pilot and control the launch or reentry vehicle 
that will operate in the National Airspace System (NAS).\27\ For those 
government astronauts who have the ability to control the vehicle's 
flight path, the FAA proposes in Sec.  460.59(b)(3) to require 
operators to ensure that such government astronauts possess 
aeronautical knowledge, experience, and skills necessary to pilot and 
control the launch or reentry vehicle in the NAS. Aeronautical 
experience may include hours in flight, ratings, and training.\28\ The 
FAA notes that this requirement would ensure that government astronauts 
with the ability to control a launch or reentry vehicle's flight path 
have the knowledge, experience, and skills to operate the vehicle 
safely in the NAS, which could potentially impact the public.
---------------------------------------------------------------------------

    \25\ Section 401.5 defines ``pilot'' as a flight crew member who 
has the ability to control, in real time, a launch or reentry 
vehicle's flight path.
    \26\ Section 401.5 defines ``remote operator'' as a crew member 
who (1) has the ability to control, in real time, a launch or 
reentry vehicle's flight path, and (2) is not on board the 
controlled vehicle.
    \27\ Section 460.5(d) permits a pilot or a remote operator to 
demonstrate an equivalent level of safety to FAA airman 
certification through the license or permit process.
    \28\ The FAA explained that pilots and remote operators should 
hold a pilot certificate with an instrument rating because a pilot 
or remote operator should be educated in the rules of operating in 
the NAS and should demonstrate an appropriate level of instrument 
skills and competency to pilot various launch and reentry vehicles. 
Human Space Flight Requirements for Crew and Space Flight 
Participants, NPRM, 70 FR 77262, 77265 (Dec. 29, 2005). The proposed 
training requirements for government astronauts with a safety-
critical role are tailored to ensure that an operator trains a 
government astronaut to successfully carry out his or her role. 
These proposed requirements include possessing the knowledge, 
experience, and skills necessary to pilot the vehicle in the NAS. 
The FAA is not proposing to require government astronauts to hold 
pilot certificates with an instrument rating because NASA astronaut 
requirements currently include at least two years of related 
professional experience obtained after degree completion or at least 
1,000 hours pilot-in-command time on jet aircraft. Astronaut 
Requirements; March 4, 2020; www.nasa.gov/audience/forstudents/postsecondary/features/F_Astronaut_Requirements.html (last viewed 3/
6/2023). These requirements effectively meet the equivalent level of 
safety provision crew are allowed to leverage in place of holding a 
pilot certificate under Sec.  460.5(d).
---------------------------------------------------------------------------

    The FAA proposes in Sec.  460.59(d) to require an operator to 
update government astronaut vehicle-specific training continually to 
ensure that the training would incorporate lessons learned from 
training and operational launches and reentries. An operator would be 
required to track each revision, document the completed training for 
each government astronaut, and maintain the documentation for each 
active government astronaut who performs a safety-critical role. This 
proposed requirement is vital for maintaining proficiency of any 
government astronaut performing safety-critical roles and would be the 
same as the requirement in Sec.  460.7(c) for crew. As with the crew 
requirement, this proposed requirement would incorporate events and 
anomalies into the training as they are experienced so that government 
astronauts are trained on how to respond going forward.
    The FAA proposes in Sec.  460.59(e) that an operator would be 
required to establish a recurrent training schedule and ensure that all 
training of government astronauts performing safety-critical roles is 
current before launch or reentry. This proposed requirement is vital 
for maintaining currency of any government astronaut performing safety-
critical roles and would be the same as the requirement in Sec.  
460.7(d) for crew.\29\ The FAA notes that, for such performance-based 
requirements, the operator must carry out the method of compliance 
chosen in its application because the method an operator describes in 
its application has the same legal effect as a prescriptive 
requirement.\30\
---------------------------------------------------------------------------

    \29\ See Human Space Flight Requirements for Crew and Space 
Flight Participants, Final Rule, 71 FR 75621 (Dec. 15, 2006).
    \30\ See 14 CFR 450.5(b), 417.11(a), 431.9(b), and 437.83.
---------------------------------------------------------------------------

    In addition to the proposed training requirements, the FAA proposes 
in Sec.  460.61 that an operator would be required to provide an 
environment that sustains life and prevents incapacitation for 
government astronauts because a failure to control the environment, 
even for a short duration, could lead to a loss of life or serious 
injury to members of the public. The proper functioning of government 
astronauts in safety critical roles is necessary for protection of the 
public. Therefore, it would be vital that the launch or reentry 
operator maintains an environment that supports life and consciousness. 
The environmental requirements proposed in Sec.  460.61 would be the 
same as the requirements for crew in Sec.  460.11.
    The FAA proposes to add a reference to proposed Sec. Sec.  460.59 
and 450.61 to the application requirements for safety review and 
approval in Sec.  450.45(e). As such, the FAA acknowledges that

[[Page 56551]]

government astronaut training is part of the broader review to 
determine that licensed activity would not jeopardize public safety. To 
that end, the FAA would evaluate and determine whether the license 
applicant's training and environmental control and life support systems 
for government astronauts with safety-critical roles are sufficient to 
protect public safety.\31\
---------------------------------------------------------------------------

    \31\ If an operator met the contractual requirements in CCT-PLN-
1120 and CCT-REQ-1130, or similar requirements for other NASA 
programs they would satisfy this proposed requirement. Therefore, 
the FAA would consider CCT-PLN-1120 and CCT-REQ-1130, and similar 
requirements applicable to other NASA programs, a means of 
compliance with this proposed requirement. CCT-PLN-1120 is the Joint 
Program Management Plan (PMP) between the National Aeronautics and 
Space Administration (NASA) Commercial Crew Program (CCP) and the 
Federal Aviation Administration (FAA) Office of Commercial Space 
Transportation (AST) and describes the partnership of these 
respective agencies for licensing the CCP missions for launch and 
reentry operations. The ISS Crew Transportation and Services 
Requirements Document (CCT-REQ-1130) contains all technical, safety, 
and crew health medical requirements that are mandatory for 
achieving a Crew Transportation System Certification that will allow 
for International Space Station delivery and return of NASA crew and 
limited cargo. The FAA defers to NASA as the expert on training 
government astronauts to perform their duties. Therefore, an 
operator should not be placing requirements on NASA. Rather, an 
operator would demonstrate adequate training for government 
astronauts by leveraging the training NASA requires through its 
contracts with commercial providers.
---------------------------------------------------------------------------

    The FAA expects that a safety review of the training requirements 
under proposed Sec.  460.59 would include an evaluation of the operator 
training program for government astronauts to verify that all personnel 
with safety-critical roles are adequately trained and fully capable of 
performing their mission specific safety critical duties. Furthermore, 
under Sec.  450.149, an operator is already required to ensure safety-
critical personnel are trained, qualified, and capable of performing 
their safety-critical tasks, and that their training is current. 
Additionally, Sec.  450.149 requires an applicant to provide internal 
training and currency requirements, completion standards, or any other 
means of demonstrating compliance with the regulation and to describe 
the process for tracking currency.
2. Proposed Subpart D--Government Astronauts Without Safety-Critical 
Roles
    Proposed Sec.  460.65 would specify the groups to which subpart D 
would apply. Section 460.65 (a) and (b) would state that subpart D 
would apply to both an applicant for a license or permit and a licensed 
or permitted operator who proposes to have a government astronaut 
without a safety-critical role on board a vehicle.
    Proposed Sec.  460.67 would require that an operator train each 
government astronaut without a safety-critical role on how to respond 
to emergency situations, including smoke, fire, loss of cabin pressure, 
and emergency exits. This would be the only proposed requirement for 
government astronauts without a safety-critical role, and it would be 
the same requirement currently levied on space flight participants in 
Sec.  460.51. As with space flight participants, the FAA would require 
this training for government astronauts without a safety-critical role 
because, if a government astronaut did not receive this training, he or 
she might interfere with the ability of the crew and government 
astronauts with safety-critical roles to perform duties necessary to 
protect public safety.
    The FAA considered requiring operators to impose security 
requirements on government astronauts that do not have a safety-
critical role, similar to those in current Sec.  460.53. However, the 
FAA determined that such a requirement would be unnecessary because 
government astronauts and international partner astronauts undergo 
extensive screening and training.\32\ Furthermore, the FAA expects that 
NASA's designation of government astronaut would include similar 
security requirements because NASA is responsible for the safety of the 
government astronauts and mission assurance.\33\ Other requirements 
contained in subpart B of part 460, such as informed consent and waiver 
of claims, do not apply to government astronauts, as previously 
explained.
---------------------------------------------------------------------------

    \32\ To ensure mission success, NASA identifies the best 
qualified candidates who then undergo additional reviews through 
tests and two rounds of interviews, in addition to two years of 
basic astronaut training including robotics training, flight 
training, and extravehicular activities. NASA's Management of Its 
Astronaut Corps, Report No. IG-22-007 (Jan. 11, 2022).
    \33\ NASA is responsible for managing overall mission success by 
ensuring certification and astronaut safety requirements are being 
met. The FAA serves to protect the public health and safety, safety 
of property, and the national security and foreign policy interests 
of the U.S. during commercial launch and reentry activities. 
National Aeronautics and Space Administration and Federal Aviation 
Administration Joint Program Management Plan for the Commercial Crew 
Program, CCT-PLN-1020, section 3.0 Roles and Responsibilities (April 
1, 2016).
---------------------------------------------------------------------------

C. Changes to Part 401--Definitions

    The FAA proposes to define the term ``government astronaut'' to 
align Sec. Sec.  401.5 and 401.7 (Definitions) with the CSLCA's 
addition of the term ``government astronaut'' to 51 U.S.C. 50902. By 
defining the term in part 401, the definition will inform the use of 
the term throughout the FAA's commercial space regulations, including 
part 460. The same definition of ``Government astronaut'' would be 
added to both sections because definitions in Sec.  401.5 apply to 
parts 415, 417, 431, 435, 440, and 460, and definitions in Sec.  401.7 
apply to parts 440, 450, and 460.
    Furthermore, the FAA proposes to revise the definition of ``Space 
flight participant'' in Sec. Sec.  401.5 and 401.7 to align with the 
statutory definition by expressly excluding government astronauts from 
the category of space flight participant. As revised, ``space flight 
participant'' would be defined as ``an individual, who is not crew or a 
government astronaut, carried within a launch vehicle or reentry 
vehicle.''
    The FAA also proposes to amend Sec.  401.5 by revising the 
definitions of ``Human space flight incident,'' ``Launch,'' ``Launch 
accident,'' ``Reenter,'' and ``Reentry accident'' by adding 
``government astronaut'' to these definitions. A similar change is not 
being made in Sec.  401.7 because the terms ``Human space flight 
incident,'' ``Launch accident,'' and ``Reentry accident,'' are not 
defined in Sec.  401.7. Instead, these concepts are included in the 
Sec.  401.7 ``Mishap'' definition, and this definition already includes 
the term ``government astronauts.''
    The FAA also proposes to add definitions for ``International 
partner astronaut'' and ``International Space Station Intergovernmental 
Agreement'' to Sec. Sec.  401.5 and 401.7. The CSLCA added the terms 
``International partner astronaut'' and ``International Space Station 
Intergovernmental Agreement'' to 51 U.S.C. 50902 and specifies that the 
NASA Administrator designates government astronauts, and that 
designation may include international partner astronauts. The CSLCA 
also allows the NASA Administrator to designate a foreign person as a 
government astronaut. The FAA proposes to define an ``International 
partner astronaut'' as an individual designated under Article 11 of the 
International Space Station Intergovernmental Agreement, by a partner 
to that agreement other than the U.S., as qualified to serve as an ISS 
crew member. This definition is taken directly from the CSLCA. Although 
the FAA does not otherwise use these terms in the commercial space 
regulations, the terms are used in the definition of government 
astronaut which is being added to Sec. Sec.  401.5 and 401.7. The FAA 
is proposing to add them to Sec. Sec.  401.5 and 401.7 to provide 
clarity to the definition of government astronaut.

[[Page 56552]]

D. Changes to Parts 415, 431, 435, and 437--License Application 
Procedures, Launch License, Launch and Reentry of a Reusable Launch 
Vehicle (RLV), and Reentry of a Reentry Vehicle Other Than an RLV

    The FAA proposes to replace the terms ``crew'' and ``space flight 
participant'' with the term ``human being'' in Sec. Sec.  415.8, 431.8, 
and 435.8 for applicants seeking a license for operations involving 
human space flight and that must demonstrate compliance with human 
space flight requirements. This change would accommodate the creation 
of the government astronaut category in part 460.

E. Changes to Parts 413 and 437--License Application Procedures and 
Experimental Permits

    Section 50906 of title 51 provides the Secretary of Transportation 
with the authority to issue experimental permits consistent with the 
protection of the public health and safety, safety of property, and 
national security and foreign policy interests of the United States. 
The Secretary of Transportation delegated this authority to the FAA, 
which promulgated 14 CFR part 437 (Experimental permits).\34\ An 
experimental permit provides an alternative to licensing for certain 
vehicles and operations.\35\ The CSLCA expanded the scope of the 
Secretary's authority to issue experimental permits from reusable 
suborbital rockets to also include reusable launch vehicles that will 
be launched into a suborbital trajectory or reentered under that 
permit.\36\ This section discusses the changes made to 51 U.S.C. 50906 
by the CLSCA as well as the associated proposed changes to part 437.
---------------------------------------------------------------------------

    \34\ 72 FR 17019 (Apr. 6, 2007).
    \35\ Under 51 U.S.C. 50906(d), as revised by the CLSCA, the 
Secretary may issue an experimental permit solely for research and 
development to test design concepts, equipment, or operating 
techniques, showing compliance with requirements as part of the 
process for obtaining a license under Chapter 509, or crew training 
for a launch or reentry using the design of the rocket or vehicle 
for which the permit would be issued.
    \36\ Public Law 114-90, sec. 104.
---------------------------------------------------------------------------

    The FAA proposes to delete the definition of ``permitted vehicle'' 
in Sec.  437.3 because the term does not appear in part 437. Section 
437.3 currently defines ``permitted vehicle'' as a reusable suborbital 
rocket operated by a launch or reentry operator under an experimental 
permit. The FAA proposes to add a definition of ``reusable suborbital 
vehicle'' in Sec.  437.3 that includes a reusable suborbital rocket or 
a reusable launch vehicle that is launched or reentered on a suborbital 
trajectory. As mentioned above, section 104 (Launch License 
Flexibility) of the CSLCA revised 51 U.S.C. 50906(d) to authorize the 
Secretary of Transportation to issue experimental permits for reusable 
launch vehicles that will be launched into a suborbital trajectory or 
reentered, in addition to suborbital rockets. The proposed definition 
of ``reusable suborbital vehicle'' in Sec.  437.3 reflects this change 
to 51 U.S.C. 50906(d). This proposed definition would expand the types 
of vehicles eligible for a permit, to include vehicles that are not 
rockets \37\ but are launch vehicles that will be launched into a 
suborbital trajectory or reentered from a suborbital trajectory. This 
revision is necessary due to the development of technologies for 
suborbital launch vehicles that do not use rocket propulsion. Vehicles 
that do not use a rocket for propulsion are excluded from obtaining a 
permit under current regulations. The revision would allow an operator 
to research and develop new test designs, concepts, equipment, or 
operating techniques; show compliance with requirements as part of the 
process for obtaining a license; or train crews before they receive a 
license for launch or reentry on a larger group of launch vehicles.
---------------------------------------------------------------------------

    \37\ Suborbital rocket is defined as a vehicle, rocket-propelled 
in whole or in part, intended for flight on a suborbital trajectory, 
and the thrust of which is greater than its lift for the majority of 
the rocket-powered portion of its ascent. 51 U.S.C. 50902(24); 14 
CFR 401.5 and 401.7.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to replace the term ``reusable 
suborbital rocket'' with ``reusable suborbital vehicle'' in Sec. Sec.  
437.3, 437.5, 437.7, 437.9, 437.21, 437.23, 437.25, 437.31, 437.33, 
437.53, 437.59, 437.61, 437.71, 437.85, 437.91, and 437.95.
    The proposed change to the definition of ``permitted vehicle'' 
would affect Sec.  413.3(f), which references part 437. Part 413 
addresses the application requirements for a license or experimental 
permit. Therefore, the FAA also proposes to replace the term ``reusable 
suborbital rocket'' in Sec.  413.3(f) with the term ``reusable 
suborbital vehicle'' to align with the expanded scope.
    Consistent with the changes to part 437, the FAA proposes to 
replace the term ``reusable suborbital rocket'' with ``reusable 
suborbital vehicle'' in Sec.  440.3. This proposed change would allow 
inclusion of launch and reentry vehicles on a suborbital trajectory.
    The FAA proposes a change to Sec.  437.5(a) to be consistent with 
changes made to 51 U.S.C. 50906(d)(1) by the CSLCA. Section 437.5(a) 
currently states the FAA will issue an experimental permit to a person 
to launch or reenter a reusable suborbital rocket only for research and 
development to test new design concepts, new equipment, or new 
operating techniques. These eligibility requirements for an 
experimental permit reflect the eligibility criteria in 51 U.S.C. 
50906(d)(1). The CSLCA removed each use of the word ``new'' in 51 
U.S.C. 50906(d)(1). Therefore, the FAA is proposing to make the same 
change to Sec.  437.5(a). By removing the term ``new'' from Sec.  
437.5(a), the regulation would allow research and development of 
existing design concepts, equipment, or operating techniques, 
consistent with the CSLCA.
    The FAA proposes two changes to Sec.  437.21(b)(3) to accommodate 
changes necessitated by the CSLCA amendments. Current Sec.  
437.21(b)(3) references the applicable requirements for an applicant 
proposing launch or reentry with flight crew or a space flight 
participant on board a reusable suborbital rocket. The FAA proposes to 
replace the terms ``flight crew'' and ``space flight participant'' in 
Sec.  437.21(b)(3) with the term ``human being'' to include the 
addition of government astronauts discussed previously. Furthermore, as 
discussed earlier, the FAA proposes to revise the application 
requirements in Sec.  437.21(b)(3) to reference Sec. Sec.  460.59, 
460.61, and 460.67, which contain the proposed requirements in part 460 
subparts C and D that would apply to launches and reentries with a 
government astronaut on board.

F. Changes to Part 440--Financial Responsibility

    The CSLCA necessitates conforming changes to part 440, which 
governs financial responsibility requirements for title 51 activity. 
This proposal would make conforming changes to the definition of 
``government personnel'' and ``third party,'' add space flight 
participants to the list of parties protected as additional insureds 
under a licensee or permittee's liability insurance, require that 
licensees enter into a reciprocal waiver of claims with space flight 
participants, move the reciprocal waiver of claims templates from the 
appendices to an AC, and remove references to the appendices.
    Prior to passage of the CSLCA, a licensee or transferee was 
required by 51 U.S.C. 50914(b) and 14 CFR 440.17 to make a reciprocal 
waiver of claims with its contractors, subcontractors, and customers, 
and contractors and subcontractors of the customers, involved in launch 
services or reentry services under which each party to the

[[Page 56553]]

waiver agrees to be responsible for property damage or loss it 
sustains, or for personal injury to, death of, or property damage or 
loss sustained by its own employees resulting from an activity carried 
out under the applicable license. Additionally, a licensee or permittee 
was required to obtain and maintain in effect a policy of liability 
insurance (or otherwise make a demonstration of financial 
responsibility) that protected certain persons as additional insureds 
to the extent of their respective potential liabilities against covered 
claims by a third party for bodily injury or property damage resulting 
from a licensed or permitted activity.\38\ These persons included (1) 
the licensee or permittee, its customer, and their respective 
contractors and subcontractors, and the employees of each, involved in 
a licensed or permitted activity; (2) the United States, its agencies, 
and its contractors and subcontractors involved in a licensed or 
permitted activity; and (3) Government personnel.\39\
---------------------------------------------------------------------------

    \38\ 51 U.S.C. 50914(a)(4); 14 CFR 440.9(b).
    \39\ Id.
---------------------------------------------------------------------------

    The CSLCA made several changes that affect the financial 
responsibility requirements under title 51. The CSLCA, in section 
112(j), amended the definition of ``third party'' in 51 U.S.C. 
50902(26) to exclude government astronauts. The CSLCA, in section 
103(a)(1)(A), also requires a licensee or permittee to protect space 
flight participants as additional insureds under a licensee or 
permittee's liability insurance. This addition ceases to be effective 
September 30, 2025, in accordance with section 103(a)(1)(B) of the 
CSLCA. Finally, section 107 of the CSLCA amends 51 U.S.C. 50914(b)(1) 
such that it now requires a licensee or transferee to make a reciprocal 
waiver of claims with space flight participants involved in launch 
services or reentry services under which each party to the waiver 
agrees to be responsible for personal injury to, death of, or property 
damage or loss sustained by it or its own employees resulting from an 
activity carried out under the applicable license. This provision 
ceases to be effective September 30, 2025, in accordance with section 
107 of the CSLCA.
    The FAA is proposing to conform the regulatory definition of 
``third party'' with the statute by adding government astronauts to the 
list of exceptions in the definition of ``third party.'' Current 14 CFR 
440.3 does not exclude government astronauts from the definition of 
third party and states that government personnel as defined in Sec.  
440.3 are third parties. The CSLCA states that government astronauts 
are not third parties. The FAA, therefore, proposes to exclude 
government astronauts from the definition of ``third party'' in Sec.  
440.3 for the purposes of financial responsibility requirements. This 
proposal would also amend the definition of ``government personnel'' in 
Sec.  440.3 to exclude government astronauts. This change is necessary 
because Sec.  440.3 states that government personnel, as defined in 
that section, are third parties. While the proposal would exclude 
government astronauts from the definition of government personnel in 
Sec.  440.3, the FAA notes that this exclusion narrowly applies only to 
14 CFR part 440. Furthermore, the defined term ``government personnel'' 
only appears in Sec.  440.9 for the purpose of identifying additional 
insureds. These changes would align the regulatory definitions in Sec.  
440.3 with the CSLCA.
    The FAA additionally proposes to add space flight participants to 
the list of parties protected as additional insureds under a licensee 
or permittee's liability insurance in Sec.  440.9(b)(4), as required by 
the CSLCA in section 103(a)(1)(A). As a result of this proposed change, 
and in accordance with the statutory requirement, a licensee or 
permittee would be required by regulation to obtain and maintain in 
effect a policy or policies of liability insurance to protect space 
flight participants as additional insureds to the extent of their 
respective potential liabilities against covered claims by a third 
party for bodily injury or property damage resulting from a licensed or 
permitted activity. In other words, if an injured third party brings 
claims against any party participating in the launch or reentry, the 
insurance policy would protect involved space flight participants. To 
comply with this proposed requirement, an operator would have to ensure 
that its insurance policy covers space flight participants, if it does 
not currently do so. In accordance with section 103(a)(1)(B) of the 
CSLCA, the proposed regulatory change would also cease to be effective 
September 30, 2025. If Congress chooses to extend the September 30, 
2025 date, proposed Sec.  440.9(b)(4) would remain in effect in 
accordance with the extension.
    This proposal would also re-designate Sec.  440.17(f) to a new 
paragraph (g). Section 440.17(f) currently requires that any waiver, 
release, or other agreement to hold harmless and indemnify under the 
section does not apply to claims for bodily injury or property damage 
resulting from willful misconduct of any of the parties to the 
reciprocal waiver of claims. The FAA proposes to add new Sec.  
440.17(f), which would require a licensee or permittee to enter into a 
reciprocal waiver of claims agreement with each of its space flight 
participants in accordance with section 107 of the CSLCA. The waivers 
under the proposed Sec.  440.17(f) would solely be between a licensee 
or permittee and a single space flight participant. Proposed Sec.  
440.17(f) would not require space flight participants to enter into 
waivers against one another. This proposed addition is necessary 
because, as discussed earlier, the CSLCA added space flight 
participants to the list of entities with whom an operator must execute 
a reciprocal waiver of claim, which would prevent potential additional 
litigation between space flight participants and operators.
    In accordance with 51 U.S.C. 50914(b) and by omission from the 
CSLCA, space flight participants would not be required to enter into 
reciprocal waiver of claims agreements with customers. Furthermore, 
space flight participants are already required to enter into a 
reciprocal waiver of claims agreement with the U.S. Government in 
accordance with Sec.  440.17(d)(1). Proposed Sec.  440.17(f) would 
remain in effect until September 30, 2025, as required by the CSLCA. If 
Congress chooses to extend the September 30, 2025, date, proposed Sec.  
440.17(f) would remain in effect in accordance with the extension.
    While no change to regulatory text is needed, the FAA notes that 
under the CSLCA, government astronauts are not required to sign 
reciprocal waivers of claims because they are not considered space 
flight participants or crew, and because the FAA enters into these 
agreements on behalf of the government and its employees.\40\
---------------------------------------------------------------------------

    \40\ While 51 U.S.C. 50904(b) requires space flight participants 
to waive claims against the U.S. Government, Congress did not 
require government astronauts to do the same. In fact, the 
requirement for space flight participants to waive claims against 
the U.S. Government predates the retirement of the U.S. Space 
Shuttle and the subsequent development of NASA's Commercial Crew 
Program. Legal Interpretation to Courtney B. Graham (Dec. 23, 2013).
---------------------------------------------------------------------------

    The FAA also proposes to remove the reciprocal waiver of claims 
templates in appendices B through E and place them in AC 440.17-1. The 
FAA originally included the appendices to provide operators with 
templates that meet the requirements in part 440. An operator is not 
required to use the templates provided in the appendices and can use 
alternate templates provided the alternate templates demonstrate 
compliance with the regulations. Moving these templates to an AC would 
allow the FAA to effectuate any needed changes more efficiently and 
would not require the FAA to undergo an additional rulemaking to 
provide

[[Page 56554]]

updated templates that meet the part 440 requirements. Because the 
templates are not regulatory and are only one means of satisfying the 
requirements in Sec.  440.17, an AC is a more appropriate location than 
the CFR for the templates. The public can provide comment on any of the 
templates in the AC or propose a new template for consideration by 
emailing the Advisory Circular Feedback Form. (OMB control number 2120-
0746) located at the end of the AC to [email protected].
    The FAA would also add two new templates to its proposed AC. One 
proposed template would be for a reciprocal waiver of claims between 
the licensee, space flight participant, and the licensee's contractors 
and subcontractors. The other proposed template would be for a waiver 
of claims between an operator and customers, government customers, the 
U.S., and each of their respective contractors and subcontractors. The 
FAA currently uses both templates. These templates were developed for 
situations where the existing templates in the appendices did not 
adequately address a proposed launch or reentry operation. The proposed 
AC containing these two new templates will be placed in the regulatory 
docket for this rule.
    To conform to the proposed removal of the appendices, the FAA 
proposes to replace the references to Appendices B through E in Sec.  
440.17(c), (d), and (e) with language specifying that the required 
reciprocal waiver of claims must be in a form acceptable to the FAA 
Administrator. This proposed language would provide flexibility with 
providing a reciprocal waiver of claims under each paragraph, provided 
any proposed reciprocal waiver of claims is in a form acceptable to the 
FAA Administrator and complies with all applicable regulations. 
Finally, the proposed AC would contain language stating that the 
templates provided in AC 440.17-1 are one means of compliance but not 
the only means of compliance with requirements in Sec.  440.45.

G. Changes to Part 450--Launch and Reentry License Requirements

    The FAA proposes to add Sec. Sec.  460.59, 460.61, and 460.67 to 
the list of regulations in Sec.  450.45 with which applicants seeking a 
launch or reentry license for operations involving human space flight 
must demonstrate compliance. This change would accommodate the creation 
of the government astronaut category and ensure government astronaut 
requirements are addressed in the application.

IV. Regulatory Notices and Analyses

A. Regulatory Impact Analysis

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563, as amended by Executive Order 
14094 (``Modernizing Regulatory Review''), direct each Federal agency 
to 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. 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 that may 
result in the expenditure by state, local, and tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any 1 year. The current threshold 
after adjustment for inflation is $177,000,000 using the most current 
(2022) Implicit Price Deflator for the Gross Domestic Product. This 
portion of the preamble summarizes the FAA's analysis of the economic 
impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
rule: would result in benefits that justify costs; is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866, as amended; would not have a significant 
economic impact on a substantial number of small entities; would not 
create unnecessary obstacles to the foreign commerce of the United 
States; and would not impose an unfunded mandate on State, local, or 
tribal governments, or on the private sector.
    This proposed rule would amend 14 CFR parts 401, 413, 415, 431, 
435, 437, 440, 450, and 460 by incorporating statutory changes 
resulting from the CSLCA. This proposed rule would add a definition for 
``government astronaut'' and would update other definitions to account 
for that addition. This proposed rule would also update financial 
responsibility requirements in part 440 to include government 
astronauts, and would move the templates for reciprocal waiver of 
claims agreements from part 440 appendices B through E to an AC. This 
proposed rule would also add two new subparts to part 460 to address 
operator requirements for government astronauts with safety critical 
and non-safety-critical roles during launches and reentries. This 
proposed rule would also add two new subparts to part 460 to address 
operator requirements for government astronauts with safety-critical 
and non-safety-critical roles during launches and reentries. In 
addition, the FAA proposes to replace the terms ``crew'' and ``space 
flight participant'' with the term ``human being'' in Sec. Sec.  415.8, 
431.8, and 435.8 for applicants seeking a license for operations 
involving human space flight and that must demonstrate compliance with 
human space flight requirements. This proposed change would accommodate 
the creation of the government astronaut category in part 460.
    This proposed rule would affect all U.S. commercial space operators 
and launches and reentries licensed under title 14 of the Code of 
Federal Regulations (14 CFR) parts 401, 413, 415, 431, 435, 437, 440, 
450, and 460 that will carry a government astronaut on board. Table 1 
details the proposed changes in each part.

                  Table 1--Proposed Changes by Section
------------------------------------------------------------------------
             Section                    Change         Effect of change
------------------------------------------------------------------------
Sec.   401.5 Definitions........  Add definitions     None. The FAA has
                                   for ``Government    been applying
                                   Astronaut,''        these definitions
                                   ``International     in accordance
                                   partner             with the statute
                                   astronaut,'' and    since the CSLCA
                                   ``International     went into effect.
                                   Space Station       This change would
                                   Intergovernmental   now provide
                                   Agreement.''        regulatory
                                   Revising            clarity.
                                   definitions for
                                   ``Human space
                                   flight
                                   incident,''
                                   ``Launch,''
                                   ``Launch
                                   accident,''
                                   ``Reenter,''
                                   ``Reentry
                                   accident,'' and
                                   ``Space flight
                                   participant''.

[[Page 56555]]

 
Sec.   401.7 Definitions........  Add definitions     None. The FAA has
                                   for ``Government    been applying
                                   Astronaut,''        these definitions
                                   ``International     in accordance
                                   partner             with the statute
                                   astronaut,'' and    since the CSLCA
                                   ``International     went into effect.
                                   Space Station       This change would
                                   Intergovernmental   now provide
                                   Agreement.''        regulatory
                                   Revising            clarity.
                                   definition for
                                   ``Space flight
                                   participant''.
Sec.   413.3(f).................  Replace the term    None. The FAA has
                                   ``suborbital        been applying
                                   rocket'' with the   these definitions
                                   term ``permitted    in accordance
                                   vehicle'' to        with the statute
                                   align with the      since the CSLCA
                                   increase in scope   went into effect.
                                   from proposed       This change would
                                   Sec.   437.3.       now provide
                                                       regulatory
                                                       clarity.
Sec.   415.8 Human Space Flight   Remove ``crew''     None. The FAA has
 in Part 415, LAUNCH LICENSE.      and ``space         been applying
                                   flight              these definitions
                                   participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Sec.   431.8 Human Space Flight   Remove ``crew''     None. The FAA has
 in Part 431, LAUNCH AND REENTRY   and ``space         been applying
 OF A REUSABLE LAUNCH VEHICLE      flight              these definitions
 (RLV).                            participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Sec.   435.8 Human Space Flight   Remove ``crew''     None. The FAA has
 in PART 435, REENTRY OF A         and ``space         been applying
 REENTRY VEHICLE OTHER THAN A      flight              these definitions
 REUSABLE LAUNCH VEHICLE (RLV).    participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Sec.   437.3 Definitions in Part  Add a reusable      None. The FAA has
 437, EXPERIMENTAL PERMITS.        launch vehicle      been applying
                                   that will be        these definitions
                                   launched into a     in accordance
                                   suborbital          with the statute
                                   trajectory or       since the CSLCA
                                   reentered that is   went into effect.
                                   operated by a       This change would
                                   launch or reentry   now provide
                                   operator under an   regulatory
                                   experimental        clarity.
                                   permit to the
                                   definition of
                                   ``permitted
                                   vehicle''.
Sec.  Sec.   437.5, 437.7,        Replace             None. The FAA has
 437.9, 437.21, 437.23, 437.25,    ``suborbital        been applying
 437.31, 437.33, 437.53, 437.57,   rocket'' with       these definitions
 437.59, 437.61, 437.71, 437.85,   ``permitted         in accordance
 437.91, and 437.95.               vehicle''.          with the statute
                                                       since the CSLCA
                                                       went into effect.
                                                       This change would
                                                       now provide
                                                       regulatory
                                                       clarity.
Sec.   437.5(a).................  Remove ``new'' to   None. The FAA has
                                   allow research      been applying
                                   and development     these definitions
                                   of existing         in accordance
                                   design concepts,    with the statute
                                   equipment, or       since the CSLCA
                                   operating           went into effect.
                                   techniques.         This change would
                                                       now provide
                                                       regulatory
                                                       clarity.
Sec.   437.21 General...........  Remove ``crew''     None. The FAA has
                                   and ``space         been applying
                                   flight              these definitions
                                   participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Move appendices B-E in PART 440,  ..................  None.
 FINANCIAL RESPONSIBILITY, to an
 AC.
Sec.   440.9(b).................  Add space flight    None. The FAA has
                                   participants to     been applying
                                   the list in which   these definitions
                                   a licensee or       in accordance
                                   permittee must      with the statute
                                   obtain and          since the CSLCA
                                   maintain in         went into effect.
                                   effect a policy     This change would
                                   or policies of      now provide
                                   liability           regulatory
                                   insurance to        clarity.
                                   protect their
                                   respective
                                   potential
                                   liabilities
                                   against covered
                                   claims by a third
                                   party for bodily
                                   injury or
                                   property damage
                                   resulting from a
                                   licensed or
                                   permitted
                                   activity.
Sec.   440.9(f).................  Add language to     None. The FAA has
                                   require the         been applying
                                   licensee or         these definitions
                                   permitee to enter   in accordance
                                   into a reciprocal   with the statute
                                   waiver of claims    since the CSLCA
                                   agreement with      went into effect.
                                   each space flight   This change would
                                   participant.        now provide
                                                       regulatory
                                                       clarity.
Sec.   450.45(e)(5).............  Add requirements    None. The FAA has
                                   for government      been applying
                                   astronauts.         these
                                                       requirements in
                                                       accordance with
                                                       the statute since
                                                       the CSLCA went
                                                       into effect. This
                                                       change would now
                                                       provide
                                                       regulatory
                                                       clarity.
Add Subpart C, Launch and         Add requirements    None. Operators
 Reentry with a Government         applicable to       have been
 Astronaut with a Safety-          government          training
 Critical Role, after Subpart B    astronauts with a   government
 in Sec.   460 Scope, HUMAN        safety-critical     astronauts in
 SPACE FLIGHT REQUIREMENTS.        role.               order to satisfy
                                                       NASA contractual
                                                       requirements.
                                                       This change would
                                                       make some of that
                                                       training required
                                                       by regulation.
Add Subpart D, Launch and         Add requirements    None. Operators
 Reentry with a Government         applicable to       have been
 Astronaut Without a Safety-       government          training
 Critical Role after Subpart C     astronauts          government
 in Sec.   460 Scope, HUMAN        without a safety-   astronauts in
 SPACE FLIGHT REQUIREMENTS.        critical role.      order to satisfy
                                                       NASA contractual
                                                       requirements.
                                                       This change would
                                                       make some of that
                                                       training required
                                                       by regulation.
------------------------------------------------------------------------

    The proposed changes would have a minimal impact on licensed 
commercial space activity with government astronauts because the 
changes would align the regulations with the current statutory 
requirements for crew, for space flight participants, and with current 
practices. The FAA has been applying the statutory changes since they 
went into effect in 2015.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with

[[Page 56556]]

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 principle, agencies 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 proposed or 
final rule would have a significant economic impact on a substantial 
number of small entities. If the determination is that it would, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    This proposed rule would update definitions relating to commercial 
space launch and reentry vehicles and occupants to reflect current 
statutory definitions and requirements, as well as implement 
clarifications to financial responsibility requirements in accordance 
with the CSLCA. Therefore, the FAA believes that this proposed rule 
would not have a significant economic impact on small commercial space 
operators because it is current practice.
    If an agency determines that a rulemaking would 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 head of the FAA certifies 
that this proposed rulemaking would 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 U.S., 
if 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 serve as the basis for U.S. standards. The FAA has assessed the 
potential effect of this proposed rule and determined that it will not 
create unnecessary obstacles to the foreign commerce of the United 
States.

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 proposed or final 
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 threshold after adjustment for 
inflation is $177 million using the most current annual (2022) Implicit 
Price Deflator for Gross Domestic Product from the U.S. Bureau of 
Economic Analysis. This proposed 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. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement, unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    The FAA has determined that there is no new requirement for 
information collection associated with this proposed rule.

F. Environmental Analysis

    FAA Order 1050.1 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 proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 5-6.6f for regulations 
and involves no extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has 
determined that 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. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\41\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\42\ the FAA ensures that 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. At this 
point, the FAA has not identified any unique or significant effects, 
environmental or otherwise, on tribes resulting from this proposed 
rule.
---------------------------------------------------------------------------

    \41\ 65 FR 67249 (Nov. 6, 2000).
    \42\ FAA Order No. 1210.20 (Jan. 28, 2004), available at 
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

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

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

D. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
E.O. 13609 and has determined that this action would have no effect on 
international regulatory cooperation.

[[Page 56557]]

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The FAA also 
invites comments relating to the economic, environmental, energy, 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.
    The 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 rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of the comments it receives.

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 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The 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 that the 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, all comments received, any final rule, and all 
background material may be viewed online at www.regulations.gov using 
the docket number listed above. A copy of this proposed rule will be 
placed in the docket. 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 the 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the 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 (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 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.
1. Rulemaking Documents
    An electronic copy of a rulemaking document may be obtained by 
using the internet--
    1. Search the Federal eRulemaking Portal (www.regulations.gov);
    2. Visit the FAA's Regulations and Policies web page at 
www.faa.gov/regulations_policies/; or
    3. Access the Government Printing Office's web page at 
www.GovInfo.gov.
    Copies may also be obtained by sending a request (identified by 
notice or docket number of this proposed rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9680.
2. Comments Submitted to the Docket
    Comments received may be viewed by going to www.regulations.gov and 
following the online instructions to search the docket number for this 
action. Anyone may 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.).
3. 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 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 401

    Organization and functions (Government agencies), Space 
transportation and exploration.

14 CFR Part 413

    Confidential business information, Space transportation and 
exploration.

14 CFR Part 415

    Aviation safety, Environmental protection, Investigations, 
Reporting and recordkeeping requirements, Space transportation and 
exploration.

14 CFR Part 431

    Launch and reentry safety, Aviation safety, Reporting and 
recordkeeping requirements, Rockets, Space transportation and 
exploration.

14 CFR Part 435

    Launch and reentry safety, Aviation safety, Reporting and 
recordkeeping requirements, Rockets, Space transportation and 
exploration.

14 CFR Part 437

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements, Space transportation and exploration.

[[Page 56558]]

14 CFR Part 440

    Indemnity payments, Insurance, 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.

14 CFR Part 460

    Aircraft, Reporting and recordkeeping requirements, Space 
transportation and exploration.

The Proposed Amendments

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

PART 401--ORGANIZATION AND DEFINITIONS

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

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

0
2. Amend Sec.  401.5 by--
0
a. Adding in alphabetical order a definition for ``Government 
astronaut'';
0
b. Revising the definition of ``Human space flight incident'';
0
c. Adding in alphabetical order definitions for ``International partner 
astronaut'', and ``International Space Station Intergovernmental 
Agreement''; and
0
d. Revising the definitions of ``Launch'', ``Launch accident'', 
``Reenter; reentry'', ``Reentry accident'', and ``Space flight 
participant'';
    The additions and revisions read as follows:


Sec.  401.5   Definitions.

* * * * *
    Government astronaut means an individual who--
    (1) Is designated by the National Aeronautics and Space 
Administration under Title 51, United States Code, Section 20113(n);
    (2) Is carried within a launch vehicle or reentry vehicle in the 
course of their employment, which may include performance of activities 
directly relating to the launch, reentry, or other operation of the 
launch vehicle or reentry vehicle; and
    (3) Is either--
    (i) An employee of the United States Government, including the 
uniformed services, engaged in the performance of a Federal function 
under authority of law or an Executive act; or
    (ii) An international partner astronaut.
* * * * *
    Human space flight incident means an unplanned event that poses a 
high risk of causing a serious or fatal injury to a space flight 
participant, crew, or government astronaut.
* * * * *
    International partner astronaut means an individual designated 
under Article 11 of the International Space Station Intergovernmental 
Agreement, by a partner to that agreement other than the United States, 
as qualified to serve as an International Space Station crew member.
    International Space Station Intergovernmental Agreement means the 
Agreement Concerning Cooperation on the International Space Station, 
signed in Washington, DC, on January 29, 1998 (TIAS 12927).
* * * * *
    Launch means to place or try to place a launch vehicle or reentry 
vehicle and any payload or human being from Earth in a suborbital 
trajectory, in Earth orbit in outer space, or otherwise in outer space, 
and includes preparing a launch vehicle for flight at a launch site in 
the United States. Launch includes the flight of a launch vehicle and 
includes pre- and post-flight ground operations as follows:
    (1) Beginning of launch. (i) Under a license, launch begins with 
the arrival of a launch vehicle or payload at a U.S. launch site.
    (ii) Under a permit, launch begins when any pre-flight ground 
operation at a U.S. launch site meets all of the following criteria:
    (A) Is closely proximate in time to flight,
    (B) Entails critical steps preparatory to initiating flight,
    (C) Is unique to space launch, and
    (D) Is inherently so hazardous as to warrant the FAA's regulatory 
oversight.
    (2) End of launch. (i) For launch of an orbital expendable launch 
vehicle (ELV), launch ends after the licensee's last exercise of 
control over its launch vehicle.
    (ii) For launch of an orbital reusable launch vehicle (RLV) with a 
payload, launch ends after deployment of the payload. For any other 
orbital RLV, launch ends upon completion of the first sustained, 
steady-state orbit of an RLV at its intended location.
    (iii) For a suborbital ELV or RLV launch, launch ends after 
reaching apogee if the flight includes a reentry, or otherwise after 
vehicle landing or impact on Earth, and after activities necessary to 
return the vehicle to a safe condition on the ground.
    Launch accident means--
    (1) An event that causes a fatality or serious injury (as defined 
in 49 CFR 830.2) to any person who is not associated with the flight;
    (2) An event that causes damage estimated to exceed $25,000 to 
property not associated with the flight that is not located at the 
launch site or designated recovery area;
    (3) An unplanned event occurring during the flight of a launch 
vehicle resulting in the impact of a launch vehicle, its payload or any 
component thereof:
    (i) For an expendable launch vehicle, outside designated impact 
limit lines; and
    (ii) For a reusable launch vehicle, outside a designated landing 
site.
    (4) For a launch that takes place with a person on board, a 
fatality or serious injury to a space flight participant, crew, or 
government astronaut.
* * * * *
    Reenter; reentry means to return or attempt to return, 
purposefully, a reentry vehicle and its payload or human being, if any, 
from Earth orbit or from outer space to Earth. The term ``reenter; 
reentry'' includes activities conducted in Earth orbit or outer space 
to determine reentry readiness and that are critical to ensuring public 
health and safety and the safety of property during reentry flight. The 
term ``reenter; reentry'' also includes activities conducted on the 
ground after vehicle landing on Earth to ensure the reentry vehicle 
does not pose a threat to public health and safety or the safety of 
property.
    Reentry accident means--
    (1) Any unplanned event occurring during the reentry of a reentry 
vehicle resulting in the impact of the reentry vehicle, its payload, or 
any component thereof, outside a designated reentry site;
    (2) An event that causes a fatality or serious injury (as defined 
in 49 CFR 830.2) to any person who is not associated with the reentry;
    (3) An event that causes damage estimated to exceed $25,000 to 
property not associated with the reentry and not located within a 
designated reentry site; and
    (4) For a reentry that takes place with a person on board, a 
fatality or serious injury to a space flight participant, crew, or 
government astronaut.
* * * * *
    Space flight participant means an individual, who is not crew or a 
government astronaut, carried aboard a launch vehicle or reentry 
vehicle.
* * * * *

[[Page 56559]]

0
3. Amend Sec.  401.7 by--
0
a. Adding in alphabetical order definitions for ``Government 
astronaut'', ``International partner astronaut'', and ``International 
Space Station Intergovernmental Agreement''; and
0
b. Revising the definition of ``Space flight participant''.
    The additions and revision read as follows:


Sec.  401.7   Definitions.

* * * * *
    Government astronaut means an individual who--
    (1) Is designated by the National Aeronautics and Space 
Administration under Title 51, United States Code, Section 20113(n);
    (2) Is carried within a launch vehicle or reentry vehicle in the 
course of their employment, which may include performance of activities 
directly relating to the launch, reentry, or other operation of the 
launch vehicle or reentry vehicle; and
    (3) Is either--
    (i) An employee of the United States Government, including the 
uniformed services, engaged in the performance of a Federal function 
under authority of law or an Executive act; or
    (ii) An international partner astronaut.
* * * * *
    International partner astronaut means an individual designated 
under Article 11 of the International Space Station Intergovernmental 
Agreement, by a partner to that agreement other than the United States, 
as qualified to serve as an International Space Station crew member.
    International Space Station Intergovernmental Agreement means the 
Agreement Concerning Cooperation on the International Space Station, 
signed in Washington, DC, on January 29, 1998 (TIAS 12927).
* * * * *
    Space flight participant means an individual, who is not crew or a 
government astronaut, carried aboard a launch vehicle or reentry 
vehicle.
* * * * *

PART 413--LICENSE APPLICATION PROCEDURES

0
4. The authority citation for part 413 continues to read as follows:

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

0
5. Amend Sec.  413.3 by revising paragraph (f) to read as follows:


Sec.  413.3   Who must obtain a license or permit.

* * * * *
    (f) A person, individual, or foreign entity otherwise requiring a 
license under this section may instead obtain an experimental permit to 
launch or reenter a reusable suborbital vehicle under part 437 of this 
chapter.

PART 415--LAUNCH LICENSE

0
6. The authority citation for part 415 continues to read as follows:

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

0
7. Revise Sec.  415.8 to read as follows:


Sec.  415.8   Human space flight.

    To obtain a launch license, an applicant proposing to conduct a 
launch with a human being on board must demonstrate compliance with 
Sec. Sec.  460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51, 
460.53, 460.59, 460.61, and 460.67 of this subchapter.

PART 431--LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV)

0
8. The authority citation for part 431 continues to read as follows:

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

0
9. Revise Sec.  431.8 to read as follows:


Sec.  431.8   Human space flight.

    To obtain a launch license, an applicant proposing to conduct a 
reusable launch vehicle mission with a human being on board must 
demonstrate compliance with Sec. Sec.  460.5, 460.7, 460.11, 460.13, 
460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this 
subchapter.

PART 435--REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH 
VEHICLE (RLV)

0
10. The authority citation for part 435 continues to read as follows:

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

0
11. Revise Sec.  435.8 to read as follows:


Sec.  435.8   Human space flight.

    To obtain a reentry license, an applicant proposing to conduct a 
reentry with a human being on board the vehicle must demonstrate 
compliance with Sec. Sec.  460.5, 460.7, 460.11, 460.13, 460.15, 
460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this subchapter.

PART 437--EXPERIMENTAL PERMITS

0
12. The authority citation for part 437 continues to read as follows:

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

0
13. Revise Sec.  437.3 to read as follows:


Sec.  437.3   Definitions.

    Envelope expansion means any portion of a flight where planned 
operations will subject a reusable suborbital vehicle to the effects of 
altitude, velocity, acceleration, or burn duration that exceed a level 
or duration successfully verified during an earlier flight.
    Exclusion area means an area, within an operating area, that a 
reusable suborbital vehicle's instantaneous impact point may not 
traverse.
    Operating area means a three-dimensional region where permitted 
flights may take place.
    Permitted vehicle means a reusable suborbital rocket or a reusable 
launch vehicle that will be launched into a suborbital trajectory or 
reentered that is operated by a launch or reentry operator under an 
experimental permit.
    Reentry impact point means the location of a reusable suborbital 
vehicle's instantaneous impact point during its unpowered 
exoatmospheric suborbital flight.
0
14. Revise Sec.  437.5 to read as follows:


Sec.  437.5   Eligibility for an experimental permit.

    The FAA will issue an experimental permit to a person to launch or 
reenter a reusable suborbital vehicle only for--
    (a) Research and development to test design concepts, equipment, or 
operating techniques;
    (b) A showing of compliance with requirements for obtaining a 
license under this subchapter; or
    (c) Crew training for a launch or reentry using the design of the 
reusable suborbital vehicle for which the permit would be issued.
0
15. Amend Sec.  437.7 by revising the introductory text and paragraph 
(b) to read as follows:


Sec.  437.7   Scope of an experimental permit.

    An experimental permit authorizes launch or reentry of a reusable 
suborbital vehicle. The authorization includes pre- and post-flight 
ground operations as defined in this section.
* * * * *
    (b) A post-flight ground operation includes each operation 
necessary to return the reusable suborbital vehicle to a safe condition 
after it lands or impacts.
0
16. Revise Sec.  437.9 to read as follows:


Sec.  437.9   Issuance of an experimental permit.

    The FAA issues an experimental permit authorizing an unlimited 
number of launches or reentries for a reusable suborbital vehicle 
design for the uses described in Sec.  437.5.
0
17. Amend Sec.  437.21 by revising paragraphs (b)(1)(i) and (iv), 
(b)(3), (c), and (d) to read as follows:

[[Page 56560]]

Sec.  437.21   General.

* * * * *
    (b) * * *
    (1) * * *
    (i) General. 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 to consider and document 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.
* * * * *
    (iv) Information requirements. An application must include an 
approved FAA Environmental Assessment, Environmental Impact Statement, 
categorical exclusion determination, or written re-evaluation covering 
all planned permitted activities in compliance with NEPA and the 
Council on Environmental Quality Regulations for Implementing the 
Procedural Provisions of NEPA.
* * * * *
    (3) Human space flight. An applicant proposing to conduct a 
permitted operation with a human being on board a reusable suborbital 
vehicle must demonstrate compliance with Sec. Sec.  460.5, 460.7, 
460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 
460.67 of this subchapter.
    (c) Use of a safety element approval. If an applicant proposes to 
use any reusable suborbital vehicle, safety system, process, service, 
or personnel for which the FAA has issued a safety element approval 
under part 414 of this chapter, the FAA will not reevaluate that safety 
element to the extent its use is within its approved scope. As part of 
the application process, the FAA will evaluate the integration of that 
safety element into vehicle systems or operations.
    (d) Inspection before issuing a permit. Before the FAA issues an 
experimental permit, an applicant must make each reusable suborbital 
vehicle planned to be flown available to the FAA for inspection. The 
FAA will determine whether each reusable suborbital vehicle is built as 
represented in the application.
* * * * *
0
18. Amend Sec.  437.23 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  437.23   Program description.

    (a) An applicant must provide--
    (1) Dimensioned three-view drawings or photographs of the reusable 
suborbital vehicle; and
    (2) Gross liftoff weight and thrust profile of the reusable 
suborbital vehicle.
    (b) An applicant must describe--
    (1) All reusable suborbital vehicle systems, including any 
structural, flight control, thermal, pneumatic, hydraulic, propulsion, 
electrical, environmental control, software and computing systems, 
avionics, and guidance systems used in the reusable suborbital vehicle;
    (2) The types and quantities of all propellants used in the 
reusable suborbital vehicle;
    (3) The types and quantities of any hazardous materials used in the 
reusable suborbital vehicle;
    (4) The purpose for which a reusable suborbital vehicle is to be 
flown; and
* * * * *
0
19. Amend Sec.  437.25 by revising paragraph (c) to read as follows:


Sec.  437.25   Flight test plan.

* * * * *
    (c) For each operating area, provide the planned maximum altitude 
of the reusable suborbital vehicle.
0
20. Amend Sec.  437.31 by revising paragraphs (a) introductory text, 
(a)(1), and (b), to read as follows:


Sec.  437.31   Verification of operating area containment and key 
flight-safety event limitations.

    (a) An applicant must identify, describe, and provide verification 
evidence of the methods and systems used to meet the requirement of 
Sec.  437.57(a) to contain its reusable suborbital vehicle's 
instantaneous impact point within an operating area and outside any 
exclusion area. The description must include, at a minimum--
    (1) Proof of physical limits on the ability of the reusable 
suborbital vehicle to leave the operating area; or
* * * * *
    (b) An applicant must identify, describe, and provide verification 
evidence of the methods and systems used to meet the requirements of 
Sec.  437.59 to conduct any key flight-safety event so that the 
reusable suborbital vehicle's instantaneous impact point, including its 
expected dispersions, is over unpopulated or sparsely populated areas, 
and to conduct each reusable suborbital vehicle flight so that the 
reentry impact point does not loiter over a populated area.
0
21. Revise Sec.  437.33 to read as follows:


Sec.  437.33   Landing and impact locations.

    An applicant must demonstrate that each location for nominal 
landing or any contingency abort landing of the reusable suborbital 
vehicle, and each location for any nominal or contingency impact or 
landing of a component of that reusable suborbital vehicle, satisfies 
Sec.  437.61.
0
22. Amend Sec.  437.53 by revising the introductory text to read as 
follows:


Sec.  437.53   Pre-flight and post-flight operations.

    A permittee must protect the public from adverse effects of 
hazardous operations and systems in preparing a reusable suborbital 
vehicle for flight at a launch site in the United States and returning 
the reusable suborbital vehicle and any support equipment to a safe 
condition after flight. At a minimum, a permittee must--
* * * * *
0
23. Amend Sec.  437.57 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  437.57   Operating area containment.

    (a) During each permitted flight, a permittee must contain its 
reusable suborbital vehicle's instantaneous impact point within an 
operating area determined in accordance with paragraph (b) and outside 
any exclusion area defined by the FAA in accordance with paragraph (c) 
of this section.
* * * * *
    (c) The FAA may prohibit a reusable suborbital vehicle's 
instantaneous impact point from traversing certain areas within an 
operating area by designating one or more areas as exclusion areas, if 
necessary to protect public health and safety, safety of property, or 
foreign policy or national security interests of the United States. An 
exclusion area may be confined to a specific phase of flight.
0
24. Amend Sec.  437.59 by revising paragraph (a) introductory text and 
(b) to read as follows:


Sec.  437.59   Key flight-safety event limitations.

    (a) A permittee must conduct any key flight-safety event so that 
the reusable suborbital vehicle's instantaneous impact point, including 
its expected dispersion, is over an unpopulated or sparsely populated 
area. At a minimum, a key flight-safety event includes:
* * * * *
    (b) A permittee must conduct each reusable suborbital vehicle 
flight so that the reentry impact point does not loiter over a 
populated area.
0
25. Amend Sec.  437.61 by revising the introductory text to read as 
follows:


Sec.  437.61   Landing and impact locations.

    For a nominal or any contingency abort landing of a reusable 
suborbital vehicle, or for any nominal or

[[Page 56561]]

contingency impact or landing of a component of that reusable 
suborbital vehicle, a permittee must use a location that--
* * * * *
0
26. Amend Sec.  437.71 by revising paragraphs (a), (c), (d), and (e) to 
read as follows:


Sec.  437.71   Flight rules.

    (a) Before initiating flight, a permittee must confirm that all 
systems and operations necessary to ensure that safety measures derived 
from Sec. Sec.  437.55, 437.57, 437.59, 437.61, 437.63, 437.65, 437.67, 
and 437.69 are within acceptable limits.
* * * * *
    (c) A permittee may not operate a reusable suborbital vehicle in a 
careless or reckless manner that would endanger any member of the 
public during any phase of flight.
    (d) A permittee may not operate a reusable suborbital vehicle in 
areas designated in a Notice to Airmen under 14 CFR 91.137, 91.138, 
91.141, or 91.145, unless authorized by:
    (1) Air Traffic Control; or
    (2) A Flight Standards Certificate of Waiver or Authorization.
    (e) For any phase of flight where a permittee operates a reusable 
suborbital vehicle like an aircraft in the National Airspace System, a 
permittee must comply with the provisions of 14 CFR part 91 specified 
in an experimental permit issued under this part.
0
27. Amend Sec.  437.85 by revising paragraph (a) to read as follows:


Sec.  437.85   Allowable design changes; modification of an 
experimental permit.

    (a) The FAA will identify in the experimental permit the type of 
changes that the permittee may make to the reusable suborbital vehicle 
design without invalidating the permit.
* * * * *
0
28. Revise Sec.  437.91 to read as follows:


Sec.  437.91   For hire prohibition.

    No permittee may carry any property or human being for compensation 
or hire on a reusable suborbital vehicle.
0
29. Revise Sec.  437.95 to read as follows:


Sec.  437.95   Inspection of additional reusable suborbital vehicles.

    A permittee may launch or reenter additional reusable suborbital 
vehicles of the same design under the permit after the FAA inspects 
each additional reusable suborbital vehicle.

PART 440--FINANCIAL RESPONSIBILITY

0
30. The authority citation for part 440 continues to read as follows:

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

0
31. Amend Sec.  440.3 by revising the definitions of ``Government 
personnel'', ``Permit'', ``Permitted activity'', and ``Third party'' to 
read as follows:


Sec.  440.3   Definitions.

* * * * *
    Government personnel means employees of the United States, its 
agencies, and its contractors and subcontractors, involved in launch or 
reentry services for an activity authorized by an FAA license or 
permit. Employees of the United States include members of the Armed 
Forces of the United States. Government personnel exclude government 
astronauts.
* * * * *
    Permit means an authorization the FAA issues under this subchapter 
for the launch or reentry of a reusable suborbital vehicle.
    Permitted activity means the launch or reentry of a reusable 
suborbital vehicle conducted under a permit issued by the FAA.
* * * * *
    Third party means--
    (1) Any person other than:
    (i) The United States, any of its agencies, and its contractors and 
subcontractors involved in launch or reentry services for a licensed or 
permitted activity;
    (ii) A licensee, permittee, and its contractors and subcontractors 
involved in launch or reentry services for a licensed or permitted 
activity;
    (iii) A customer and its contractors and subcontractors involved in 
launch or reentry services for a licensed or permitted activity;
    (iv) A member of a crew;
    (v) A space flight participant; and
    (vi) A government astronaut.
    (2) Government personnel, as defined in this section, are third 
parties.
* * * * *
0
32. Amend Sec.  440.9 by revising paragraph (b)(2), (3), and (4) to 
read as follows:


Sec.  440.9   Insurance requirements for licensed or permitted 
activities.

* * * * *
    (b) * * *
    (2) The United States, its agencies, and its contractors and 
subcontractors involved in a licensed or permitted activity;
    (3) Government personnel; and
    (4) Space flight participants. This paragraph (b)(4) shall cease to 
be effective on September 30, 2025, unless public law modifies the 
limitation in section 50914 of Title 51 of the U.S. Code.
* * * * *
0
33. Amend Sec.  440.17 by revising paragraphs (c) introductory text, 
(d) introductory text, (e) introductory text, and (f) and adding 
paragraph (g) to read as follows:


Sec.  440.17   Reciprocal waiver of claims requirements.

* * * * *
    (c) For each licensed or permitted activity in which the United 
States, or its contractors and subcontractors, is involved or where 
property insurance is required under Sec.  440.9(d), the Federal 
Aviation Administration of the Department of Transportation, the 
licensee or permittee, and each first-tier customer must enter into a 
reciprocal waiver of claims agreement. The reciprocal waiver of claims 
must be in a form acceptable to the Administrator and must provide 
that:
* * * * *
    (d) For each licensed or permitted activity in which the United 
States or its contractors and subcontractors are involved, the Federal 
Aviation Administration of the Department of Transportation and each 
space flight participant must enter into or have in place a reciprocal 
waiver of claims agreement. The reciprocal waiver of claims must be in 
a form acceptable to the Administrator.
* * * * *
    (e) For each licensed or permitted activity in which the United 
States or its contractors and subcontractors is involved, the Federal 
Aviation Administration of the Department of Transportation and each 
crew member must enter into or have in place a reciprocal waiver of 
claims agreement. The reciprocal waiver of claims must be in a form 
acceptable to the Administrator.
* * * * *
    (f) The licensee or permittee and each space flight participant 
must enter into a reciprocal waiver of claims agreement under which 
each party waives and releases claims against the other party to the 
waiver, and agrees to assume financial responsibility for property 
damage it sustains and for bodily injury or property damage, and to 
hold harmless and indemnify each other from bodily injury or property 
damage, resulting from a licensed or permitted activity, regardless of 
fault. This paragraph (f) shall cease to be effective as of September 
30, 2025, unless public law modifies the limitation in section 50914 of 
Title 51 of the U.S. Code.
    (g) Any waiver, release, assumption of responsibility or agreement 
to hold harmless and indemnify pursuant to this section does not apply 
to claims for

[[Page 56562]]

bodily injury or property damage resulting from willful misconduct of 
any of the parties to the reciprocal waiver of claims, the contractors 
and subcontractors of any of the parties to the reciprocal waiver of 
claims, and in the case of licensee or permittee and customers and the 
contractors and subcontractors of each of them, the directors, 
officers, agents and employees of any of the foregoing, and in the case 
of the United States, its agents.

Appendix B Through E to Part 440--[Removed]

0
34. Remove appendices B through E to part 440.

PART 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS

0
35. The authority citation for part 450 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.
0
36. Amend Sec.  450.45 by revising paragraphs (e)(3)(ii)(E) and (e)(5) 
to read as follows:


Sec.  450.45   Safety review and approval.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (E) For an unguided suborbital launch vehicle, the location of the 
vehicle's center of pressure in relation to its center of gravity for 
the entire flight profile.
* * * * *
    (5) Human space flight. For a proposed launch or reentry with a 
human being on board a vehicle, an applicant must demonstrate 
compliance with Sec. Sec.  460.5, 460.7, 460.11, 460.13, 460.15, 
460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this chapter.
* * * * *

PART 460--HUMAN SPACE FLIGHT REQUIREMENTS

0
37. The authority citation for part 460 continues to read as follows:

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

0
38. Add subpart C to read as follows:
Subpart C--Launch and Reentry With a Government Astronaut With a 
Safety-Critical Role
Sec.
460.55 Scope.
460.57 Applicability.
460.59 Operator training of government astronauts with a safety-
critical role.
460.61 Environmental control and life support systems.

Subpart C--Launch and Reentry With a Government Astronaut With a 
Safety-Critical Role


Sec.  460.55   Scope.

    This subpart establishes requirements for operators and applicants 
whose licensed or permitted operations involve government astronauts on 
board a vehicle.


Sec.  460.57   Applicability.

    This subpart applies to:
    (a) An applicant for a license or permit under this chapter who 
proposes to have a government astronaut with a safety-critical role on 
board a vehicle.
    (b) An operator licensed or permitted under this chapter who has a 
government astronaut without a safety-critical role on board a vehicle.


Sec.  460.59   Operator training of government astronauts with a 
safety-critical role.

    (a) An operator must train each government astronaut with a safety-
critical role on--
    (1) How to carry out their safety-critical role on board or on the 
ground so that the vehicle will not harm the public; and
    (2) Their role in nominal and non-nominal conditions, including 
abort scenarios and emergency operations, to the extent that 
performance of their role could impact public safety.
    (b) An operator must ensure any government astronaut who has the 
ability to control, in real time, a launch or reentry vehicle's flight 
path during a phase of flight capable of endangering the public:
    (1) Receives vehicle and mission-specific training for each phase 
of flight capable of endangering the public and over which the 
government astronaut has the ability to control the vehicle by using 
one or more of the following:
    (i) A method or device that simulates the flight;
    (ii) An aircraft whose characteristics are similar to the vehicle 
or that has similar phases of flight to the vehicle;
    (iii) Flight testing; or
    (iv) An equivalent method of training approved by the FAA through 
the license process.
    (2) Trains for each mode of control or propulsion, including any 
transition between modes, such that the government astronaut is able to 
control the vehicle.
    (3) Possesses aeronautical knowledge, experience, and skills 
necessary to pilot and control the launch or reentry vehicle that will 
operate in the National Airspace System (NAS). Aeronautical experience 
may include hours in flight, ratings, and training.
    (c) With respect to training device fidelity, an operator must:
    (1) Ensure that any government astronaut training device used to 
meet the training requirements realistically represents the vehicle's 
configuration and mission; or,
    (2) Inform the government astronaut being trained of the 
differences between the training device and the vehicle's configuration 
and mission.
    (d) An operator must update the government astronaut training 
continually to ensure that the training incorporates lessons learned 
from training and operational missions including--
    (1) Tracking each revision and updating in writing; and
    (2) Documenting the completed training for each government 
astronaut and maintaining the documentation for each active government 
astronaut.
    (e) An operator must establish a recurrent training schedule and 
ensure that all training of government astronauts performing safety-
critical roles is current before launch or reentry.


Sec.  460.61   Environmental control and life support systems.

    (a) An operator must provide atmospheric conditions adequate to 
sustain life and consciousness for all inhabited areas within a vehicle 
that house a government astronaut. The operator must monitor and 
control the following atmospheric conditions in the inhabited areas or 
demonstrate through the license or permit process that an alternate 
means provides an equivalent level of safety--
    (1) Composition of the atmosphere, which includes oxygen and carbon 
dioxide, and any revitalization;
    (2) Pressure, temperature and humidity;
    (3) Contaminants that include particulates and any harmful or 
hazardous concentrations of gases, or vapors; and
    (4) Ventilation and circulation.
    (b) An operator must provide an adequate redundant or secondary 
oxygen supply for any government astronaut with a safety-critical role.
    (c) An operator must provide a redundant means of preventing cabin 
depressurization; or prevent incapacitation of any government astronaut 
with a safety-critical role in the event of loss of cabin pressure.
0
39. Add subpart D to read as follows:
Subpart D--Launch and Reentry With a Government Astronaut Without a 
Safety-Critical Role
Sec.
460.63 Scope.
460.65 Applicability.

[[Page 56563]]

460.67 Operator training of government astronauts without a safety-
critical role.

Subpart D--Launch and Reentry With a Government Astronaut Without a 
Safety-Critical Role


Sec.  460.63   Scope.

    This subpart establishes requirements for operators and applicants 
whose licensed or permitted operations involve government astronauts on 
board a vehicle without a safety-critical role.


Sec.  460.65   Applicability.

    This subpart applies to:
    (a) An applicant for a license or permit under this chapter who 
proposes to have a government astronaut without a safety-critical role 
on board a vehicle.
    (b) An operator licensed or permitted under this chapter who has a 
government astronaut without a safety-critical role on board a vehicle.


Sec.  460.67   Operator training of government astronauts without a 
safety-critical role.

    An operator must train each government astronaut without a safety-
critical role on how to respond to emergency situations, including 
smoke, fire, loss of cabin pressure, and emergency exit.
    Issued under authority provided by 49 U.S.C. 106(f) and 51 U.S.C. 
Chapter 509 in Washington, DC.

Kelvin B. Coleman,
Associate Administrator, Office of Commercial Space Transportation.
[FR Doc. 2023-16858 Filed 8-17-23; 8:45 am]
BILLING CODE 4910-13-P

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