Rule2024-05384
Policy on Requiring Disclosure of Payload Contents
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 14, 2024
Effective
March 14, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 51 (Thursday, March 14, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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]
BILLING CODE P
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