Proposed Rule2026-00680
Mitigation Methods for Launch Vehicle Upper Stages on the Creation of Orbital Debris; Withdrawal
Primary source
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Published
January 15, 2026
Effective
January 15, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This document informs the public that FAA has determined not to pursue the previously published NPRM, which proposed to require that upper stages of commercial launch vehicles and other components resulting from launch or reentry be removed from orbit within 25 years after launch, either through atmospheric disposal or maneuver to an acceptable disposal orbit. FAA is withdrawing this action to further consider comments received.
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Proposed Rules]
[Page 1724]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00680]
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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. 91, No. 10 / Thursday, January 15, 2026 /
Proposed Rules
[[Page 1724]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 401, 404, 415, 417, 431, 435, 437, 450, and 453
[Docket No.: FAA-2023-1858; Notice No. 23-13]
RIN 2120-AK81
Mitigation Methods for Launch Vehicle Upper Stages on the
Creation of Orbital Debris; Withdrawal
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of Proposed Rulemaking (NPRM); withdrawal.
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SUMMARY: This document informs the public that FAA has determined not
to pursue the previously published NPRM, which proposed to require that
upper stages of commercial launch vehicles and other components
resulting from launch or reentry be removed from orbit within 25 years
after launch, either through atmospheric disposal or maneuver to an
acceptable disposal orbit. FAA is withdrawing this action to further
consider comments received.
DATES: The NPRM published on September 26, 2023, at 88 FR 65835 is
withdrawn, effective January 15, 2026.
FOR FURTHER INFORMATION CONTACT: Stephen Earle, Space Policy and
Outreach Branch Manager, Office of Commercial Space Transportation
(ASZ-220), Federal Aviation Administration, 800 Independence Ave. SW,
Washington, DC 20591; telephone (202) 267-8376; email
<a href="/cdn-cgi/l/email-protection#06757263766e6368286367746a634660676728616970"><span class="__cf_email__" data-cfemail="42313627322a272c6c2723302e27022423236c252d34">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2023, FAA published a Notice of Proposed
Rulemaking (NPRM) titled ``Mitigation Methods for Launch Vehicle Upper
Stages on the Creation of Orbital Debris.'' \1\ The proposed rule would
require upper stages of commercial launch vehicles and other components
resulting from launch or reentry be removed from orbit within 25 years
after launch, either through atmospheric disposal or maneuver to an
acceptable disposal orbit. The proposed rule would reduce the amount of
additional debris created, as well as limit potential collisions with
functional spacecraft and other debris already on-orbit.
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\1\ 88 FR 65835.
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Reason for Withdrawal
FAA has determined that this regulatory course of action requires
further study. Therefore, FAA is withdrawing the NPRM to further
consider the 40 comments received during the NPRM comment period. Of
the 40 comments received, 6 comments related to the costs of
remediating orbital debris, and 7 comments expressed concern with
respect to FAA's explicit authority to take some of the action
proposed. The agency intents to review FAA's authority as it relates to
further regulating orbital debris mitigation. Additionally, FAA intends
to review the space launch industry cost inputs and expectations with
respect to debris mitigation activities.
Conclusion
Withdrawal of the NPRM does not preclude FAA from issuing a
rulemaking action regarding orbital debris in the future nor does it
commit the agency to any future course of action. The agency will
propose any future changes to the Code of Federal Regulations through
the appropriate rulemaking processes.
Therefore, FAA withdraws Notice No. 23-13, published at 88 FR 65835
on September 26, 2023.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Bryan K. Bedford,
Administrator.
[FR Doc. 2026-00680 Filed 1-14-26; 8:45 am]
BILLING CODE 4910-13-P
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