Proposed Rule2026-20386
Simplifying Physical Containment Requirements
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
October 5, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
FAA proposes to amend its commercial space launch and reentry licensing regulations to streamline the licensing process and reduce regulatory burden on operators. Specifically, FAA proposes to relieve the burden by specifying that, when using physical containment as a hazard control strategy, operators do not need to develop flight hazard areas in accordance with FAA's existing flight hazard area analysis requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 191 (Monday, October 5, 2026)</title>
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[Federal Register Volume 91, Number 191 (Monday, October 5, 2026)]
[Proposed Rules]
[Pages 63185-63190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20386]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 401 and 450
[Docket No.: FAA-2026-9934; Notice No. 26-22]
RIN 2120-AM38
Simplifying Physical Containment Requirements
AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FAA proposes to amend its commercial space launch and reentry
licensing regulations to streamline the licensing process and reduce
regulatory burden on operators. Specifically, FAA proposes to relieve
the burden by specifying that, when using physical containment as a
hazard control strategy, operators do not need to develop flight hazard
areas in accordance with FAA's existing flight hazard area analysis
requirements.
DATES: Send comments on or before November 4, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-9934
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for sending your comments
electronically.
<bullet> Mail: Send comments to Docket Operations; U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, West Building, 5th
Floor (W58-213), Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building, 5th Floor at 1200 New
Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
<bullet> 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 inform its rulemaking process better. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building 5th Floor at 1200 New Jersey Avenue SE, Washington,
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lisa E. Cacciatore, Office of
Commercial Space Transportation, Federal Aviation Administration, 1200
New Jersey Avenue SE, Washington, DC 20590; telephone (202) 880-1489;
email <a href="/cdn-cgi/l/email-protection#5a1633293b741f74193b3939333b2e35283f1a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="2f63465c4e016a016c4e4c4c464e5b405d4a6f494e4e01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
In accordance with Executive Order (E.O.) 14335, ``Enabling
Competition in the Commercial Space Industry,'' FAA proposes to amend
its commercial space launch and reentry regulations at 14 CFR part 450
to further streamline the commercial space licensing process. The
proposed rule would eliminate redundant and contradictory requirements
in Sec. 450.110 created by the existing reference to Sec. 450.133.
Though the proposed rule would remove this reference, it would preserve
certain underlying requirements to maintain public safety. The proposed
rule would explicitly state the preserved requirements within the
proposed regulatory text. To facilitate this, the proposed rule would
consolidate Sec. 450.110(b)(1) and (b)(2), divide Sec. 450.110(c)(1)
into two separate paragraphs, Sec. 450.110(c)(1) and Sec.
450.110(c)(2), and re-designate the existing Sec. 450.110(c)(2) as
Sec. 450.110(c)(3). In addition, this proposed rule would add the word
``reentry'' to paragraph (b)(1), paragraph (c)(1), and the definition
of ``physical containment'' in Sec. 401.7. Finally, this proposed rule
would add the word ``flight'' to the proposed Sec. 450.110(b)(2).
II. Authority for This Rulemaking
The Commercial Space Launch Act of 1984, as amended and codified at
51 U.S.C. 50901-50924, 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 or as carried out by U.S.
[[Page 63186]]
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
United States. In addition, section 50903 requires the Secretary to
encourage, facilitate, and promote commercial space launches and
reentries by the private sector. As codified in 49 CFR 1.83(b), the
Secretary has delegated authority to the FAA Administrator to carry out
these functions.
III. Background
FAA has established commercial space regulations governing
licensing of launch and reentry in 14 CFR chapter III. On December 10,
2020, FAA issued a final rule consolidating all substantive launch and
reentry licensing regulations into a new part 450 (85 FR 79566), which
went into effect on March 10, 2021. On August 13, 2025, the President
issued E.O. 14335, ``Enabling Competition in the Commercial Space
Industry,'' requiring the Secretary of Transportation to ``reevaluate,
amend, or rescind'' the part 450 regulations for the purpose of further
streamlining the commercial licensing process. This proposed rule is
being published in furtherance of this E.O.
In accordance with its statutory authority, FAA currently issues
licenses for the launch of a launch vehicle, the operation of a launch
site, the reentry of a reentry vehicle, and the operation of a reentry
site. Part 450 provides the criteria that an operator must meet in
order for FAA to issue a launch or reentry license. Section 450.101
outlines the safety criteria for launch and reentry vehicles. To meet
the safety criteria of Sec. 450.101, an operator must use one or more
of the hazard control strategies found in Sec. 450.107 for each phase
of flight.
One option for the hazard control strategy from Sec. 450.107 is
physical containment, the requirements for which are found in Sec.
450.110. Physical containment is when a launch vehicle does not have
sufficient energy for any hazards associated with its flight to reach
the public or critical assets.\1\ If an operator complies with the
physical containment requirements for a given phase of flight, the
risks posed to the public and critical assets from that phase of flight
are zero. Per Sec. 450.110, physical containment can apply as a hazard
control strategy either for the entire flight or for one or more
specific phases of flight. As a result, if an operator can comply with
Sec. 450.110 physical containment requirements for a phase of flight
of their launch or reentry vehicle, then no risk analyses are necessary
for that phase of flight.
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\1\ See Streamlined Launch and Reentry Licensing Requirements,
84 FR 15296 (April 15, 2019).
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Under current Sec. 450.110(b), to use physical containment as a
hazard control strategy, an operator must develop the flight hazard
area in accordance with Sec. 450.133; ensure that the launch vehicle
does not have sufficient energy for any hazards associated with its
flight to reach outside the flight hazard area; ensure the hazard area
is clear of the public and critical assets; and apply other mitigation
measures necessary to ensure no public or critical asset exposure to
hazards. The goal of the current regulation is to require operators to
establish a flight hazard area large enough to encompass any hazards
from the flight and then ensure that the hazard area is clear of the
public and critical assets.
However, subsequent experience with the regulation and discussions
with applicants have revealed a conflict between paragraph (b)(1),
requiring the flight hazard area to be developed in accordance with
Sec. 450.133, and paragraph (b)(2), requiring that no flight hazard
can reach outside of the flight hazard area. Section 450.133 requires
an operator to engage in a probabilistic analysis for setting the
flight hazard area by identifying those regions of land, sea, or air
that must be surveyed, publicized, controlled, or evacuated to meet the
risk criteria in Sec. 450.101. Under this analysis, the flight hazard
area need not encompass all hazards to the public, only those hazards
that exceed the risk criteria in Sec. 450.101.
However, paragraph (b)(2) requires that all flight hazards be
contained within that hazard area. In other words, paragraph (b)(2)
requires the flight hazard area to encompass all hazards to the public.
Consequently, the flight hazard area developed under paragraph (b)(1)
would be smaller than a flight hazard area that would be necessary to
comply with paragraph (b)(2).
The proposed rule would both resolve this conflict and make
additional changes to Sec. 450.110 to enable operators to more easily
comply with the requirements of that section.
IV. Discussion of the Proposal
To address the conflict between current paragraphs (b)(1) and
(b)(2), FAA proposes revising both paragraphs into a single paragraph
(b)(1) requiring an operator to develop a flight hazard area ``that
ensures that the launch or reentry vehicle does not have sufficient
energy for any hazards associated with its flight to reach outside that
area . . . .'' Current paragraphs (b)(3) and (b)(4) would be renumbered
as paragraphs (b)(2) and (b)(3), respectively. The proposed paragraph
(b)(1) would require the operator to establish a flight hazard area,
defined by the vehicle's maximum potential energy, beyond which no
flight-related hazards can reach. By ensuring the vehicle does not have
the energy to reach outside this designated area and verifying that the
area is cleared of the public and critical assets in accordance with
proposed paragraphs (b)(2) and (b)(3), the operator effectively
eliminates the possibility of public exposure to any flight hazards.
For example, during the final landing burn of a first stage returning
to a barge, the vehicle's nearly depleted propellant and low velocity
impose a physical limit on the reach of any hazard to a localized,
predictable zone. If that zone is confirmed clear of the public and
critical assets, then the physical containment strategy eliminates risk
without the need for the probabilistic risk analyses required by Sec.
450.133, as the inherent physical constraints of that flight phase
guarantee public safety.
Notably, the proposed change would not relieve an operator of the
independent requirement to develop a flight hazard area under Sec.
450.133 for any phase of flight in which physical containment is not
used as the only hazard control strategy.
The proposed rule would also revise the application requirements in
Sec. 450.110(c) for an operator utilizing physical containment as a
hazard control strategy. Section 450.110(c)(1) currently requires the
operator to provide a ``demonstration'' that the launch vehicle does
not have sufficient energy for any hazards associated with its flight
to reach outside the flight hazard area developed in accordance with
Sec. 450.133. The proposed rule would divide this application
requirement into two separate requirements (proposed paragraphs (c)(1)
and (c)(2)) to state better what is required for the ``demonstration''
and redesignate current paragraph (c)(2) as paragraph (c)(3).
Proposed paragraph (c)(1) would require ``[a] description of a
valid method for determining the flight hazard area in accordance with
paragraph (b)(1).'' The first requirement is necessary for FAA to
evaluate compliance with Sec. 450.101(g), which requires that any
analysis used to demonstrate compliance with Sec. 450.101 ``must use
accurate data and scientific principles and the analysis must be
statistically valid. The method must
[[Page 63187]]
produce results consistent with or more conservative than the results
available from previous mishaps, tests, or other valid benchmarks, such
as higher-fidelity methods.'' As such, proposed paragraph (c)(1) also
includes a cross-reference to Sec. 450.101(g) to help applicants
identify this applicable standard when producing the description.
Furthermore, proposed paragraph (c)(3)(i) also requires this
description to identify the scientific principles and statistical
methods used, with associated assumptions and their justifications, as
well as evidence for validation and verification. These items are
modeled on the flight safety analysis description of methods
requirements at Sec. 450.115(c)(1), (2), and (4). As with the flight
safety analysis method requirements, which are used by FAA to evaluate
compliance with Sec. 450.101(g) for the analyses that comprise the
flight safety analysis, the items listed at proposed Sec.
450.110(c)(1) are necessary for showing that the analysis undertaken to
develop the flight hazard area complies with Sec. 450.101(g).
Proposed paragraph (c)(2) would require ``[t]abular data and graphs
of the flight hazard area as developed in accordance with paragraph
(b)(1) for a representative mission.'' This means that the applicant
must produce tabular data and graphs of the flight hazard area by
conducting an analysis for a representative mission. The analysis must
utilize the method described by the applicant to meet paragraph (c)(i).
This representative data would be used to evaluate whether the
operator's methods for clearance of the flight hazard area, which are
required to be submitted under redesignated paragraph (c)(3), are
appropriate for operations under the license.
In addition to the larger changes to paragraphs (b) and (c), the
proposed rule would also use the term ``launch or reentry vehicle'' in
Sec. 450.110(b)(1) and (c)(1) instead of the term ``launch vehicle,''
as used by the current regulation. Section 450.110 already applies to
operators using physical containment as a hazard control strategy for
reentry vehicles, as stated in Sec. 450.110(a). However, FAA
inadvertently omitted reentry vehicles from Sec. 450.110(b) and (c)
during the initial drafting of Sec. 450.110. FAA would remedy this
omission by applying proposed Sec. 450.110(b)(1) and (c)(1) to both
launch vehicles and reentry vehicles.
Similarly, FAA proposes to amend the definition of ``physical
containment'' in Sec. 401.7 to replace the term ``launch vehicle''
with ``launch or reentry vehicle.'' As is the case with current Sec.
450.110(b) and (c), FAA inadvertently omitted reentry vehicles from
that definition of ``physical containment'' during the initial drafting
of Sec. 401.7.
Finally, the proposed rule would amend the proposed renumbered
Sec. 450.110(b)(2) (current Sec. 450.110(b)(3)) by adding the word
``flight'' before ``hazard area,'' so the text would read ``[e]nsure
the flight hazard area is clear of the public and critical assets.''
This amendment clarifies that the proposed renumbered Sec.
450.110(b)(2) applies to the flight hazard area, not hazard areas in
general. Although the current regulation implicitly refers to the
flight hazard area, because Sec. 450.110(b) and (c) otherwise
consistently refer to the flight hazard area and the reference to
hazard area in the current Sec. 450.110(b)(3) clearly refers to the
same flight hazard area discussed in the rest of Sec. 450.110(b),
there is potential for confusion due to the inadvertent omission of
``flight'' before ``hazard area'' in current Sec. 450.110(b)(3). This
proposed change to the renumbered Sec. 450.110(b)(2) would ensure
clarity in the regulation and avoid confusion.
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
E.O. 12866 (``Regulatory Planning and Review'') and E.O. 13563
(``Improving Regulation and Regulatory Review'') require agencies to
regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' The Office of Management and Budget has determined this
proposed rule is not a significant regulatory action as defined in
Section 3(f) of E.O. 12866.
Currently, as written, Sec. 450.110 requires the flight hazard
area to be developed in accordance with Sec. 450.133. FAA did not
intend to require an operator to comply with Sec. 450.133 for those
phases of flight that comply with Sec. 450.110.
The proposed rule would clarify Sec. 450.110(b)(1) by removing the
requirement that the hazard area is developed in accordance with Sec.
450.133 and combining (b)(1) and (b)(2). This change does not remove
the requirement to develop a flight hazard area under Sec.
450.110(b)(1). This proposal would be a less stringent requirement than
compliance with Sec. 450.133. Table 1 lists the changes to each
provision along with their respective impacts. FAA expects the proposed
rule would result in minor cost savings for both FAA and licensed
operators by preventing the need for correspondence on the topic.
FAA acknowledges that replacing the requirement for compliance with
Sec. 450.133 could hypothetically generate cost savings by reducing
the burden on an operator to prepare and FAA to review the Sec.
450.133 analysis, or, alternatively, Equivalent Level of Safety (ELOS)
or waiver requests. However, there is currently not sufficient data to
quantify such an impact. Consequently, while a reduction in analyses or
specialized paperwork and correspondence would likely occur for any
future applicant seeking to perform or avoid Sec. 450.133 risk
analyses, FAA cannot currently verify these savings through past
performance or historical data.
Table 1--Regulatory Changes and Impact
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Provision Change Impact
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14 CFR 401.7--definition of Adds ``or Clarification/No
physical containment. reentry'' to the impact.
definition of
Physical
Containment to
clarify that the
regulation
encompasses
reentries.
[[Page 63188]]
14 CFR 450.110--Clarification Revises Sec. Small
for the Physical Containment 450.110(b)(1) by administrative
hazard control strategy. removing the cost savings
requirement that because it
the hazard area provides clarity
is developed in to regulated
accordance with entities. FAA
Sec. 450.133. would not have to
Renumbers Sec. provide guidance
450.110(b)(2) as to clarify any
paragraph (b)(1) confusion from
and revises the regulated
paragraph to entities.
require Removing the Sec.
development of a 450.133
flight hazard requirement
area that ensures eliminates
that the launch compliance
or reentry burdens and
vehicle does not generates cost
have sufficient savings for the
energy for any operators who
hazards would have
associated with otherwise been
its flight to affected.
reach outside
that area.
Revises Sec. Clarification/No
450.110(b) and impact.
(c) to add ``or
reentry'' to
clarify that the
regulation
encompasses
reentries.
Revises Sec. Clarification/No
450.110(b)(3) to impact.
Sec.
450.110(b)(2) and
adds ``flight''
to clarify the
reference to
``flight hazard
area.''.
Revises the No impact.
numbering in Sec.
450.110(b)(4)
to Sec.
450.110(b)(3).
Revises Sec. No impact because
450.110(c)(1) by operators need to
removing the provide a
requirement to description of
provide a the method and
``demonstration'' representative
of compliance data under the
with paragraph current
(b)(2). Replaces requirement at
that requirement paragraph (b)(1).
with new
paragraph (c)(1)
requiring the
operator to
provide a
description of
the method used
to develop the
flight hazard
area and new
paragraph (c)(2)
requiring the
operator to
reference to
provide
``[t]abular data
and graphs of the
flight hazard
area as developed
in accordance
with paragraph
(b)(1) for a
representative
mission . . . .''.
Move Sec. No impact.
450.110(c)(2) to
new Sec.
450.110(c)(3).
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B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612),
agencies must prepare and make available for public comment a
regulatory flexibility analysis that describes the effect of the
rulemaking on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). No regulatory
flexibility analysis is required, however, if the head of an agency
certifies that the proposed rule would not have a significant economic
impact on a substantial number of small entities. FAA has concluded and
hereby certifies that this proposed rule would not have a significant
economic impact on a substantial number of small entities; therefore,
an analysis is not included.
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
United States, so long as 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, they be the basis for U.S. standards.
FAA has assessed the potential effect of this proposed rule and
determined that it would not create unnecessary obstacles to the
foreign commerce of the United States.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. FAA determined the proposed rule would not result in the
expenditure of $193,000,000 or more ($100,000,000 adjusted for
inflation using the most current Implicit Price Deflator for the Gross
Domestic Product) by State, local, or Tribal governments, in the
aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
FAA consider the impact of paperwork and other information collection
burdens imposed on the public. FAA has determined there would be no new
requirement for information collection associated with this proposed
rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
G. Environmental Analysis
The Department has analyzed the environmental impacts of this
notice of proposed rulemaking pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.). FAA has determined
this proposed rule is categorically excluded pursuant to FAA Order
1050.1G. Categorical
[[Page 63189]]
exclusions are categories of actions FAA has determined normally do not
significantly affect the quality of the human environment and therefore
do not require either an environmental assessment (EA) or environmental
impact statement (EIS). In analyzing the applicability of a categorical
exclusion, FAA must also consider whether extraordinary circumstances
are present that would warrant the preparation of an EA or EIS. This
rulemaking, which would specify that, when using physical containment
as a hazard control strategy, operators do not need to develop flight
hazard areas in accordance with FAA's existing flight hazard area
analysis requirements, is categorically excluded pursuant to FAA Order
1050.1G, Appendix B, Paragraph B-2.6(f), which categorically excludes
issuance of regulatory documents. FAA does not anticipate any
environmental impacts, and there are no extraordinary circumstances
present in connection with this rulemaking.
VI. E.O. Determinations
A. E.O. 13132, Federalism
FAA has analyzed this proposed rule under the principles and
criteria of E.O. 13132, Federalism. FAA has determined 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. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
Consistent with E.O. 13175, Consultation and Coordination with
Indian Tribal Governments,\2\ and FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation Policy and Procedures,\3\ FAA
ensures 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, FAA has not identified any
unique or significant effects, environmental or otherwise, on Tribes
resulting from this proposed rule.
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\2\ 65 FR 67249 (November 6, 2000).
\3\ FAA Order No. 1210.20 (January 28, 2004), available at:
<a href="http://www.faa.gov/documentLibrary/media/1210.pdf">www.faa.gov/documentLibrary/media/1210.pdf</a>.
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C. E.O. 13211, Regulations That Significantly Affect Energy Supply,
Distribution, or Use
FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). FAA has determined it would not be
a ``significant energy action'' under the E.O. and would not be likely
to have a significant adverse effect on the supply, distribution, or
use of energy.
D. E.O. 13609, Promoting International Regulatory Cooperation
E.O. 13609, Promoting International Regulatory Cooperation,
promotes international regulatory cooperation to (1) meet shared
challenges involving health, safety, labor, security, environmental,
and other issues and to reduce, eliminate, or (2) prevent unnecessary
differences in regulatory requirements. FAA has analyzed this action
under the policies and agency responsibilities of E.O. 13609 and has
determined this action would have no effect on international regulatory
cooperation.
E. E.O. 14192, Unleashing Prosperity Through Deregulation
This proposed rule, if finalized as proposed, is expected to be an
E.O. 14192 deregulatory action.
VII. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. FAA also invites comments
relating to the economic, environmental, 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.
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 rule. Before acting on this proposal, FAA will
consider all comments it receives on or before the closing date for
comments. FAA will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
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
is relevant or responsive to this NPRM, it is important you clearly
designate the submitted comments as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' 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 FAA receives that 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 <a href="http://www.regulations.gov">www.regulations.gov</a> using
the docket number listed above. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be found at FAA's Regulations and
Policies website at <a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
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.
Requesters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
[[Page 63190]]
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(Pub. L. 104-121, 110 Stat. 857, Mar. 29, 1996) requires 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 <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre.act/">www.faa.gov/regulations_policies/rulemaking/sbre.act/</a>.
List of Subjects
14 CFR Part 401
Organization and functions (Government agencies), Space
transportation and exploration.
14 CFR Part 450
Aircraft, Aviation safety, Environmental protection,
Investigations, Reporting and recordkeeping requirements, Space
transportation and exploration.
The Proposed Amendments
For the reasons discussed in the preamble, 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 is revised to read as follows:
Authority: 51 U.S.C. Chapter 509.
0
2. Amend Sec. 401.7 by revising the definition for ``Physical
Containment'' to read as follows:
Sec. 401.7 Definitions.
* * * * *
Physical containment means a launch or reentry vehicle does not
have sufficient energy for any hazards associated with its flight to
reach the public or critical assets.
* * * * *
PART 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS
0
3. The authority citation for part 450 is revised to read as follows:
Authority: 51 U.S.C. Chapter 509.
Sec. 450.110 Physical Containment [Amended]
0
4. Revise Sec. 450.110 to read as follows:
* * * * *
(b) * * *
(1) Develop a flight hazard area that ensures that the launch or
reentry vehicle does not have sufficient energy for any hazards
associated with its flight to reach outside that area;
(2) Ensure the flight hazard area is clear of the public and
critical assets; and
(3) Apply other mitigation measures necessary to ensure no public
or critical asset exposure to hazards, such as control of public access
or wind placards.
(c) * * *
(1) A description of a valid method for determining the flight
hazard area in accordance with paragraph (b)(1). The description must
demonstrate compliance with Sec. 450.101(g) by documenting:
(i) The scientific principles and statistical methods used, with
associated assumptions and their justifications; and
(ii) Evidence for validation and verification.
(2) Tabular data and graphs of the flight hazard area as developed
in accordance with paragraph (b)(1) for a representative mission; and
(3) A description of the methods used to ensure that flight hazard
areas are cleared of the public and critical assets.
* * * * *
Issued under authority provided by 49 U.S.C. 106(f) and 51
U.S.C. chapter 509 in Washington, DC.
Minh A. Nguyen,
Deputy Associate Administrator, Office of Commercial Space
Transportation.
[FR Doc. 2026-20386 Filed 10-2-26; 8:45 am]
BILLING CODE 4910-13-P
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