Policy on Requiring Disclosure of Payload Contents, 18537-18538 [2024-05384]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18537-18538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05384]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 415, 417, 431, 435


Policy on Requiring Disclosure of Payload Contents

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

ACTION: Notification of policy.

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SUMMARY: The FAA announces a clarification of the FAA's Office of 
Commercial Space Transportation (AST) policy regarding the review of 
payloads to be launched or reentered under an FAA license. Given the 
increasing complexity of payloads on the growing volume of FAA-licensed 
launches or reentries, the FAA is updating its payload review policy to 
require applicants for a payload review to disclose the contents and 
composition of all payloads, including those of all hosted payloads.

DATES: Effective March 14, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Murray, (202) 267-9237.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commercial Space Launch Act of 1984, as codified and amended at 
51 U.S.C.--Commercial Space Transportation, ch. 509, Commercial Space 
Launch Activities, 51 U.S.C. 50901-50923 (the Act), authorizes the DOT 
and the FAA, through delegations, to oversee, license, and regulate 
commercial launch and reentry activities, and the operation of launch 
and reentry sites as carried out by United States (U.S.) citizens or 
within the U.S. Consistent with the authority conferred under 51 U.S.C. 
Chapter 509, the FAA reviews all payloads to be launched or reentered 
under an FAA license to determine the effect of the payload's launch or 
reentry on public health and safety, safety of property, U.S. national 
security or foreign policy interests, or international obligations of 
the U.S. Applicants seeking a vehicle operator license under 14 CFR 
part 450 must receive a favorable payload determination under Sec.  
450.43 if they propose to carry a payload on their vehicle. Operators 
seeking to launch or reenter a payload under a legacy license \1\ (14 
CFR parts 415, 417, 431, or 435) must receive a favorable payload 
determination under subpart D of part 415 or 431.
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    \1\ The FAA refers to licenses issued under these parts as 
``legacy licenses,'' as they will be removed from the CFR on March 
10, 2026. After that time, all operators must demonstrate compliance 
with part 450. See 85 FR 79566.
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    Consistent with the authority conferred under 51 U.S.C. Chapter 509 
to the DOT and to the FAA by delegation, the FAA reviews all payloads 
to be launched or reentered under an FAA license to ensure that the 
launch or reentry of the proposed payload will not jeopardize public 
health and safety, safety of property, U.S. national security or 
foreign policy interests, or international obligations of the United 
States.
    In this context, hosted payloads are space-bound items included on 
a launch vehicle, reentry vehicle, or payload that use available power, 
mass, or space of the primary payload or launch/reentry vehicle, and 
that may be owned by a party other than the primary payload owner or 
launch/reentry vehicle operator.
    Subpart D of parts 415 and 431 detail the information that an 
applicant must provide to enable the FAA to render a payload 
determination in accordance with Sec. Sec.  415.59 and 431.57, 
respectively. These information requirements include details such as 
the payload's physical dimensions and weight, ownership or operation, 
orbital parameters, intended operations, and the identification and 
quantification of any hazardous or radioactive materials. Each of these 
requirements helps the FAA, and its Federal partners who review the 
payload during interagency consultation, to assess the effect of 
launching or reentering the proposed payload in accordance with Sec.  
50904(c).
    Inherent to this assessment is a complete understanding of what 
exactly the applicant intends to launch or reenter. Given the growing 
cadence of FAA-licensed launches and reentries carrying a growing 
volume of increasingly complex payloads, the FAA is clarifying its 
payload review policy to ensure the completeness of its assessment 
under Sec.  50904(c).

II. The Policy

    The FAA is updating its payload review policy to clarify that 
applicants for a payload determination must disclose the contents and 
composition of all payloads. Specifically, the FAA will require that 
applicants for a payload determination under parts 415, 431, 435, or 
450 provide a complete

[[Page 18538]]

manifest of all payload contents and compositions, including those of 
all hosted payloads.

James A. Hatt,
Space Policy Division Manager, Office of Commercial Space 
Transportation.
[FR Doc. 2024-05384 Filed 3-13-24; 8:45 am]
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