Launch of a Reentry Vehicle as a Payload That Requires a Reentry Authorization To Return to Earth, 27473-27475 [2024-08156]
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
name, and date of birth of the number
holder in connection with a credit
transaction or a circumstance described
in section 604 of the Fair Credit
Reporting Act to SSA for verification via
an application programming interface.
Each PE must submit a certification
statement 5 that the PE is in compliance
with the Banking Bill as part of their
application to SSA.
SSA revised the subscription tier
structure for eCBSV in 2023.6 Based on
feedback from PEs, we are increasing
the upper limit on Tier 10 transactions
from 75 million to 200 million
transactions. All fees and other
subscription tiers remain unchanged.
Fees
The public cost burden is dependent
upon the number of PEs using the
service and the annual transaction
volume. We based the revised tier fee
schedule below on 20 participating PEs
in fiscal year (FY) 2024 submitting an
27473
anticipated volume of 52 million
transactions. The total cost for
developing and operating the service is
$62 million through FY 2023. Of this
amount, $37 million remains
unrecovered/unreimbursed. The
subscription tier structure and
associated fees are intended to recover
these costs over a four-year period,
assuming projected enrollments and
transaction volumes meet these
projections.
eCBSV TIER FEE SCHEDULE
Tier
1 .................
2 .................
3 .................
4 .................
5 .................
6 .................
7 .................
8 .................
9 .................
10 ...............
Annual volume threshold
Up
Up
Up
Up
Up
Up
Up
Up
Up
Up
to
to
to
to
to
to
to
to
to
to
10,000 (1–10,000) .............................................................................................................................................
200,000 (10,001–200,000) ................................................................................................................................
1 million (200,001–1 million) .............................................................................................................................
2.5 million (1,000,001–2.5 million) ....................................................................................................................
5 million (2,500,001–5 million) ..........................................................................................................................
10 million (5,000,001–10 million) ......................................................................................................................
15 million (10,000,001–15 million) ....................................................................................................................
20 million (15,000,001–20 million) ....................................................................................................................
25 million (20,000,001–25 million) ....................................................................................................................
200 million (25,000,001–200 million) ................................................................................................................
lotter on DSK11XQN23PROD with NOTICES1
Each enrolled PE will be required to
remit the above tier-based subscription
fee for the 365-day agreement period
starting on or after April 22, 2024.
Fees are calculated based on
forecasted systems and operational
expenses, agency oversight, overhead,
and Certified Public Accountant audit
contract costs.
Section 215(h)(1)(B) of the Banking
Bill, 42 U.S.C. 405b(h), requires that the
Commissioner shall ‘‘periodically
adjust’’ the price paid by users to ensure
that amounts collected are sufficient to
fully offset the costs of administering
the eCBSV system. On at least an annual
basis, SSA will monitor costs incurred
to provide eCBSV services and will
revise the tier fee schedule accordingly.
We will notify PEs of the tier fee
schedule in effect at the renewal of
eCBSV user agreements, when a PE
begins a new 365-day agreement period,
and via notice in the Federal Register.
PE renewals will be governed by the tier
in effect at the time of renewal.
For further information contact
Christopher David, Office of Data
Exchange, Policy Publications, and
International Negotiations, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
of the Electronic Signatures in Global and National
Commerce Act (15 U.S.C. 7006). 42 U.S.C.
405b(f)(2); section IV. E. eCBSV User Agreement.
The written consent must clearly specify to whom
the information may be disclosed, the information
you want us to disclose (e.g., SSN verification) and,
where applicable, during which timeframe the
information may be disclosed (e.g., whenever the
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17:10 Apr 16, 2024
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6401, (866) 395–8801, email eCBSV@
ssa.gov. For information on eligibility or
filing for benefits, call SSA’s national
toll-free number, 1–800–772–1213 or
TTY 1–800–325–0778, or visit SSA’s
internet site, Social Security Online, at
https://www.socialsecurity.gov.
Chad Poist,
Deputy Commissioner, Office of Budget,
Finance, and Management, Social Security
Administration.
[FR Doc. 2024–08152 Filed 4–16–24; 8:45 am]
$7,000
130,000
630,000
1,500,000
3,000,000
4,500,000
5,000,000
6,250,000
7,250,000
8,250,000
authorization to return to Earth unless
the reentry vehicle operator has
obtained the appropriate reentry
authorization.
DATES:
Applicable April 17, 2024.
Mr.
Stephen Earle, Manager, Space Policy
and Outreach Branch, (202) 267–8379.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
This action provides notice
that in general, the FAA will not
authorize launch of a reentry vehicle as
a payload that will require a reentry
The Commercial Space Launch Act of
1984, as codified and amended at 51
U.S.C.—Commercial Space
Transportation, chapter 509,
Commercial Space Launch Activities, 51
U.S.C. 50901–50923 (the Act),
authorizes the DOT and the FAA,
through delegations, to oversee, license,
and regulate commercial launch and
reentry activities, and the operation of
launch and reentry sites as carried out
by United States (U.S.) citizens or
within the U.S. Consistent with the
authority conferred under 51 U.S.C.
chapter 509, the FAA reviews payloads
to be launched or reentered under an
FAA license to determine the effect of
the payload’s launch or reentry on
public health and safety, safety of
property, U.S. national security or
subject individual is receiving specific services). 20
CFR 401.100.
5 The permitted entity must certify that (1) the
entity is a permitted entity; (2) the entity is in
compliance with section 215; (3) the entity is, and
will remain, in compliance with its privacy and
data security requirements in title V of 15 U.S.C.
6801, et seq., with respect to the information the
entity receives from the Commissioner of Social
Security pursuant to this section; and (4) the entity
will retain sufficient records to demonstrate its
compliance with its certification and section 215 for
a period of not less than 2 years. 42 U.S.C.
405b(e)(1)–(3).
6 88 FR 29959 (May 9, 2023).
BILLING CODE 4191–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Launch of a Reentry Vehicle as a
Payload That Requires a Reentry
Authorization To Return to Earth
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
SUMMARY:
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27474
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
foreign policy interests, or international
obligations of the United States.
Applicants seeking a vehicle operator
license under 14 CFR part 450 must
receive a favorable payload
determination under § 450.43 if they
propose to carry a payload on their
vehicle. Operators seeking to launch or
reenter a payload under a legacy
license 1 (14 CFR part 415, 417, 431, or
435) must receive a favorable payload
determination under subpart D of part
415 or 431.
Restrictions on launches, operations,
and reentries include the following
under 51 U.S.C. 50904:
Launch and Reentry License
Requirements
• A person or citizen of the United
States must obtain a license from the
FAA to launch a launch vehicle or to
reenter a reentry vehicle in the United
States or anywhere in the world,
respectively. 51 U.S.C. 50904(a).
Compliance With Payload Requirements
• The holder of a license or permit
under this chapter may launch or
reenter a payload only if the payload
complies with all requirements of the
laws of the United States related to
launching or reentering a payload. 51
U.S.C. 50904(b).
lotter on DSK11XQN23PROD with NOTICES1
Preventing Launches and Reentries
• The Secretary of Transportation
shall establish whether all required
licenses, authorizations, and permits
required for a payload have been
obtained. If no license, authorization, or
permit is required, the Secretary may
prevent the launch or reentry if the
Secretary decides the launch or reentry
would jeopardize the public health and
safety, safety of property, or national
security or foreign policy interest of the
United States. 51 U.S.C. 50904(c).
The FAA’s payload review and
determination regulations are consistent
with the statutory requirements.
II. Payload Review and Determination
A payload means an object that a
person undertakes to place in outer
space such as in Earth orbit by means
of a launch vehicle, including
components of the vehicle specifically
designed or adapted for that object. 14
CFR 401.7. Applicants seeking a vehicle
operator license under 14 CFR part 450
must receive a favorable payload
determination in accordance with
§ 450.43 if they propose to carry a
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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17:10 Apr 16, 2024
Jkt 262001
payload on their vehicle.2 In accordance
with § 450.43(a)(1) and (a)(2),3 the FAA
issues a favorable payload
determination for a launch or reentry to
a license applicant or payload owner or
operator if—
(1) The applicant, payload owner, or
payload operator has obtained all
required licenses, authorizations, and
permits; and
(2) Its launch or reentry would not
jeopardize public health and safety,
safety of property, U.S. national security
or foreign policy interests, or
international obligations of the United
States.4
The FAA’s regulatory criteria for
issuing a favorable payload
determination or denying a payload
determination per § 450.43(g) is
consistent with 51 U.S.C. 50904(b) and
(c). It therefore follows that denial of a
payload determination may be tied to a
payload owner or operator not obtaining
all required licenses or authorizations,
which then leads to potential safety
concerns as discussed further below.
III. Payload Owner or Payload
Operator Has Not Obtained all
Required Licenses or Authorizations
A reentry vehicle may be launched as
a payload and return to Earth as a
reentry vehicle with the appropriate
reentry authorization. A reentry vehicle
means a vehicle designed to return from
Earth orbit or outer space to Earth
substantially intact. 14 CFR 401.7. For
the launch phase, the reentry vehicle is
also a payload being transported or
carried aloft by the launch vehicle. For
the reentry phase, it is a reentry vehicle
designed to return purposefully to Earth
substantially intact under the
appropriate reentry authorization. To
reenter a reentry vehicle, an operator
must obtain a vehicle operator license in
accordance with part 450 or a reentry
license in accordance with part 435.
Therefore, an applicant, payload owner,
2 Applicants operating under the legacy
requirements must receive a favorable payload
determination in accordance with 14 CFR part 415
subpart D.
3 These requirements are mirrored in 14 CFR
415.51 and 415.61 of the legacy requirements.
4 While the FAA would review all payloads to
determine their effect on the safety of launch, the
FAA per § 450.43(b) will not make a determination
on those aspects of payloads that are subject to
regulation by the Federal Communications
Commission (FCC) or the Department of Commerce
or on payloads owned or operated by the U.S.
Government. Furthermore, in accordance with
§ 450.43(c), the FAA may review and issue findings
regarding a proposed class of payload. However,
prior to a launch, each payload is subject to
verification by the FAA that its launch would not
jeopardize public health and safety, safety of
property, U.S. national security or foreign policy
interests, or international obligations of the United
States.
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or payload operator of a reentry vehicle
that will be launched as a payload and
will return to Earth must satisfy both the
payload review requirements in 14 CFR
450.43 for the launch phase and the
reentry requirements in part 450 or part
435 for the reentry phase. An applicant,
payload owner, or payload operator
would not meet § 450.43(a)(1) for such
a payload if they have not received the
authorization or FAA license necessary
to conduct its reentry. The FAA
discusses the safety reasons for
requiring a reentry authorization for
such a payload in the following section.
IV. Concerns Associated With Launch
of a Reentry Vehicle Without Reentry
Authorization
1. Substantially Intact: Unlike typical
payloads designed to operate in outer
space, a reentry vehicle has primary
components that are designed to
withstand reentry substantially intact
and therefore have a near-guaranteed
ground impact as a result of either a
controlled reentry or a random reentry.
2. Public Risk: During controlled
reentry, under an FAA license, the risk
to the public is established not to
exceed a one in ten thousand expected
casualty in accordance with
§ 450.101(b)(1)(i). Although the FAA
does not currently regulate uncontrolled
random atmospheric reentries, the
standard U.S. and international risk
standard for that activity is also one in
ten thousand expected casualties. Risk
of an authorized controlled reentry of a
reentry vehicle is typically managed
through appropriate reentry site
selection and hazard area clearing
procedures. A random reentry results in
risks to populated and remote areas, yet
it does not afford for any hazard area
clearing such as for airspace. Therefore,
a random reentry of a reentry vehicle
that has not been authorized will likely
result in risks above those accepted for
FAA licensed-reentry operations.
3. Limited Options: Once a reentry
vehicle has been launched, there are
limited options for the safe reentry of
the vehicle because it is already in orbit
and may be constrained by orbital
lifetime, reliability of safety critical
systems, orbital decay, available
propellant or power, or other factors.
Options to modify the reentry (e.g.,
move the landing or impact location,
change the deorbit trajectory, move the
vehicle to a disposal orbit) may also be
limited once in orbit. Placing a reentry
vehicle in a disposal orbit above 2000
km will not likely be feasible because it
may be cost prohibitive, or the vehicle
may not have sufficient propellant to
raise its orbit. Even if possible, this
would add to the debris environment.
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
Therefore, it is crucial to evaluate the
safety of the reentry prior to launch.
This way, the FAA is able to work with
the reentry operator to meet the required
risk and other criteria.
4. Payload Review: A payload review
for the launch of a launch vehicle
carrying a reentry vehicle would
include verifying that the reentry
vehicle operator has obtained the
necessary reentry license or
authorization. If reentry authorization
has not been received at the time of
launch of the reentry vehicle, the FAA
would deny a favorable payload
determination in accordance with 14
CFR 450.43(g).
Conclusion
In general, the FAA will not authorize
launch of a reentry vehicle unless the
appropriate reentry authorization has
been obtained by the reentry vehicle
operator, in accordance with the FAA’s
statutory authority and payload review
and determination regulations where
denial of a payload determination may
be tied to a payload owner or operator
not obtaining all required licenses or
authorizations in accordance with
§ 450.43(a)(1). Launch of a reentry
vehicle without an authorization for
reentry would pose safety concerns that
are designed to be addressed by the
reentry licensing process.
James A. Hatt,
Space Policy Division Manager, Office of
Commercial Space Transportation.
[FR Doc. 2024–08156 Filed 4–16–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2024–0019]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
I. Public Participation
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 14 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
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SUMMARY:
VerDate Sep<11>2014
17:10 Apr 16, 2024
Jkt 262001
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before May 17, 2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2024–0019 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2024–0019) in the
keyword box and click ‘‘Search.’’ Next,
choose the only notice listed, and click
on the ‘‘Comment’’ button. Follow the
online instructions for submitting
comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, 1200 New Jersey Avenue
SE, Washington, DC 20590–0001
between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, (202) 366–4001,
fmcsamedical@dot.gov. Office hours are
8:30 a.m. to 5 p.m. ET Monday through
Friday, except Federal holidays. If you
have questions regarding viewing or
submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2024–0019),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
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27475
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2024-0019. Next, choose the
only notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. FMCSA will consider
all comments and material received
during the comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2024–0019) in the
keyword box and click ‘‘Search.’’ Next,
choose the only notice listed, and click
‘‘Browse Comments.’’ If you do not have
access to the internet, you may view the
docket online by visiting Dockets
Operations on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
C. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statutes also allow the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
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Agencies
[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27473-27475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08156]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Launch of a Reentry Vehicle as a Payload That Requires a Reentry
Authorization To Return to Earth
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This action provides notice that in general, the FAA will not
authorize launch of a reentry vehicle as a payload that will require a
reentry authorization to return to Earth unless the reentry vehicle
operator has obtained the appropriate reentry authorization.
DATES: Applicable April 17, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Earle, Manager, Space
Policy and Outreach Branch, (202) 267-8379.
SUPPLEMENTARY INFORMATION:
I. Background
The Commercial Space Launch Act of 1984, as codified and amended at
51 U.S.C.--Commercial Space Transportation, chapter 509, Commercial
Space Launch Activities, 51 U.S.C. 50901-50923 (the Act), authorizes
the DOT and the FAA, through delegations, to oversee, license, and
regulate commercial launch and reentry activities, and the operation of
launch and reentry sites as carried out by United States (U.S.)
citizens or within the U.S. Consistent with the authority conferred
under 51 U.S.C. chapter 509, the FAA reviews payloads to be launched or
reentered under an FAA license to determine the effect of the payload's
launch or reentry on public health and safety, safety of property, U.S.
national security or
[[Page 27474]]
foreign policy interests, or international obligations of the United
States. Applicants seeking a vehicle operator license under 14 CFR part
450 must receive a favorable payload determination under Sec. 450.43
if they propose to carry a payload on their vehicle. Operators seeking
to launch or reenter a payload under a legacy license \1\ (14 CFR part
415, 417, 431, or 435) must receive a favorable payload determination
under subpart D of part 415 or 431.
---------------------------------------------------------------------------
\1\ The FAA refers to licenses issued under these parts as
``legacy licenses,'' as they will be removed from the CFR on March
10, 2026. After that time, all operators must demonstrate compliance
with part 450. See 85 FR 79566.
---------------------------------------------------------------------------
Restrictions on launches, operations, and reentries include the
following under 51 U.S.C. 50904:
Launch and Reentry License Requirements
A person or citizen of the United States must obtain a
license from the FAA to launch a launch vehicle or to reenter a reentry
vehicle in the United States or anywhere in the world, respectively. 51
U.S.C. 50904(a).
Compliance With Payload Requirements
The holder of a license or permit under this chapter may
launch or reenter a payload only if the payload complies with all
requirements of the laws of the United States related to launching or
reentering a payload. 51 U.S.C. 50904(b).
Preventing Launches and Reentries
The Secretary of Transportation shall establish whether
all required licenses, authorizations, and permits required for a
payload have been obtained. If no license, authorization, or permit is
required, the Secretary may prevent the launch or reentry if the
Secretary decides the launch or reentry would jeopardize the public
health and safety, safety of property, or national security or foreign
policy interest of the United States. 51 U.S.C. 50904(c).
The FAA's payload review and determination regulations are
consistent with the statutory requirements.
II. Payload Review and Determination
A payload means an object that a person undertakes to place in
outer space such as in Earth orbit by means of a launch vehicle,
including components of the vehicle specifically designed or adapted
for that object. 14 CFR 401.7. Applicants seeking a vehicle operator
license under 14 CFR part 450 must receive a favorable payload
determination in accordance with Sec. 450.43 if they propose to carry
a payload on their vehicle.\2\ In accordance with Sec. 450.43(a)(1)
and (a)(2),\3\ the FAA issues a favorable payload determination for a
launch or reentry to a license applicant or payload owner or operator
if--
---------------------------------------------------------------------------
\2\ Applicants operating under the legacy requirements must
receive a favorable payload determination in accordance with 14 CFR
part 415 subpart D.
\3\ These requirements are mirrored in 14 CFR 415.51 and 415.61
of the legacy requirements.
---------------------------------------------------------------------------
(1) The applicant, payload owner, or payload operator has obtained
all required licenses, authorizations, and permits; and
(2) Its launch or reentry would not jeopardize public health and
safety, safety of property, U.S. national security or foreign policy
interests, or international obligations of the United States.\4\
---------------------------------------------------------------------------
\4\ While the FAA would review all payloads to determine their
effect on the safety of launch, the FAA per Sec. 450.43(b) will not
make a determination on those aspects of payloads that are subject
to regulation by the Federal Communications Commission (FCC) or the
Department of Commerce or on payloads owned or operated by the U.S.
Government. Furthermore, in accordance with Sec. 450.43(c), the FAA
may review and issue findings regarding a proposed class of payload.
However, prior to a launch, each payload is subject to verification
by the FAA that its launch would not jeopardize public health and
safety, safety of property, U.S. national security or foreign policy
interests, or international obligations of the United States.
---------------------------------------------------------------------------
The FAA's regulatory criteria for issuing a favorable payload
determination or denying a payload determination per Sec. 450.43(g) is
consistent with 51 U.S.C. 50904(b) and (c). It therefore follows that
denial of a payload determination may be tied to a payload owner or
operator not obtaining all required licenses or authorizations, which
then leads to potential safety concerns as discussed further below.
III. Payload Owner or Payload Operator Has Not Obtained all Required
Licenses or Authorizations
A reentry vehicle may be launched as a payload and return to Earth
as a reentry vehicle with the appropriate reentry authorization. A
reentry vehicle means a vehicle designed to return from Earth orbit or
outer space to Earth substantially intact. 14 CFR 401.7. For the launch
phase, the reentry vehicle is also a payload being transported or
carried aloft by the launch vehicle. For the reentry phase, it is a
reentry vehicle designed to return purposefully to Earth substantially
intact under the appropriate reentry authorization. To reenter a
reentry vehicle, an operator must obtain a vehicle operator license in
accordance with part 450 or a reentry license in accordance with part
435. Therefore, an applicant, payload owner, or payload operator of a
reentry vehicle that will be launched as a payload and will return to
Earth must satisfy both the payload review requirements in 14 CFR
450.43 for the launch phase and the reentry requirements in part 450 or
part 435 for the reentry phase. An applicant, payload owner, or payload
operator would not meet Sec. 450.43(a)(1) for such a payload if they
have not received the authorization or FAA license necessary to conduct
its reentry. The FAA discusses the safety reasons for requiring a
reentry authorization for such a payload in the following section.
IV. Concerns Associated With Launch of a Reentry Vehicle Without
Reentry Authorization
1. Substantially Intact: Unlike typical payloads designed to
operate in outer space, a reentry vehicle has primary components that
are designed to withstand reentry substantially intact and therefore
have a near-guaranteed ground impact as a result of either a controlled
reentry or a random reentry.
2. Public Risk: During controlled reentry, under an FAA license,
the risk to the public is established not to exceed a one in ten
thousand expected casualty in accordance with Sec. 450.101(b)(1)(i).
Although the FAA does not currently regulate uncontrolled random
atmospheric reentries, the standard U.S. and international risk
standard for that activity is also one in ten thousand expected
casualties. Risk of an authorized controlled reentry of a reentry
vehicle is typically managed through appropriate reentry site selection
and hazard area clearing procedures. A random reentry results in risks
to populated and remote areas, yet it does not afford for any hazard
area clearing such as for airspace. Therefore, a random reentry of a
reentry vehicle that has not been authorized will likely result in
risks above those accepted for FAA licensed-reentry operations.
3. Limited Options: Once a reentry vehicle has been launched, there
are limited options for the safe reentry of the vehicle because it is
already in orbit and may be constrained by orbital lifetime,
reliability of safety critical systems, orbital decay, available
propellant or power, or other factors. Options to modify the reentry
(e.g., move the landing or impact location, change the deorbit
trajectory, move the vehicle to a disposal orbit) may also be limited
once in orbit. Placing a reentry vehicle in a disposal orbit above 2000
km will not likely be feasible because it may be cost prohibitive, or
the vehicle may not have sufficient propellant to raise its orbit. Even
if possible, this would add to the debris environment.
[[Page 27475]]
Therefore, it is crucial to evaluate the safety of the reentry prior to
launch. This way, the FAA is able to work with the reentry operator to
meet the required risk and other criteria.
4. Payload Review: A payload review for the launch of a launch
vehicle carrying a reentry vehicle would include verifying that the
reentry vehicle operator has obtained the necessary reentry license or
authorization. If reentry authorization has not been received at the
time of launch of the reentry vehicle, the FAA would deny a favorable
payload determination in accordance with 14 CFR 450.43(g).
Conclusion
In general, the FAA will not authorize launch of a reentry vehicle
unless the appropriate reentry authorization has been obtained by the
reentry vehicle operator, in accordance with the FAA's statutory
authority and payload review and determination regulations where denial
of a payload determination may be tied to a payload owner or operator
not obtaining all required licenses or authorizations in accordance
with Sec. 450.43(a)(1). Launch of a reentry vehicle without an
authorization for reentry would pose safety concerns that are designed
to be addressed by the reentry licensing process.
James A. Hatt,
Space Policy Division Manager, Office of Commercial Space
Transportation.
[FR Doc. 2024-08156 Filed 4-16-24; 8:45 am]
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