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Proposed Rule2026-20388

Streamlining Flight Safety Analysis Methodology Means of Compliance

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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. Specifically, FAA proposes to alleviate regulatory burden for license applicants by consolidating information required for an operator's flight safety analysis.

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 63190-63199]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20388]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 450

[Docket No.: FAA-2026-9936; Notice No. 26-23]
RIN 2120-AM40


Streamlining Flight Safety Analysis Methodology Means of 
Compliance

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. 
Specifically, FAA proposes to alleviate regulatory burden for license 
applicants by consolidating information required for an operator's 
flight safety analysis.

DATES: Send comments on or before November 4, 2026.

ADDRESSES: Send comments identified by docket number FAA-2026-9936 
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#1b5772687a355e35587a7878727a6f74697e5b7d7a7a357c746d"><span class="__cf_email__" data-cfemail="5b1732283a751e75183a3838323a2f34293e1b3d3a3a753c342d">[email&#160;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 licensing process. Specifically, 
FAA proposes to revise requirements for a license applicant's flight 
safety analysis (FSA) by

[[Page 63191]]

identifying certain application requirements that can be applied to the 
FSA method as a whole, rather than to each individual analysis that 
comprises the overarching FSA method. Currently, a license applicant 
must address six items listed in Sec.  450.115(c) each time the FSA 
regulations at Sec.  450.117 through Sec.  450.139 and the flight abort 
regulations at Sec.  450.108 require a description of the methods used 
to undertake an analysis. Under the proposed change, three of the items 
in Sec.  450.115(c) would be addressed through a single submission, 
rather than one submission for each description of methods. The 
remaining three requirements would continue to apply to each of the 
description of methods but would be condensed into two paragraphs.

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 (U.S.) or as carried out by U.S. 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) that 
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.
    Section 450.101 provides that a vehicle operator may only initiate 
launch or reentry of a vehicle if the risks to the public meet the 
safety criteria of that section. To demonstrate that these criteria are 
satisfied, an operator must perform and document an FSA for all phases 
of flight, with limited exceptions (14 CFR 450.113). An FSA is a 
quantitative evaluation of the risks to members of the public and 
critical assets during flight of a launch or reentry vehicle, 
accounting for all reasonably foreseeable events and failures of 
safety-critical systems during nominal and non-nominal launch or 
reentry operations.
    The requirements for FSAs are located in the eleven sections 
beginning at Sec.  450.113 and ending at Sec.  450.139. Sections 
450.113 and 450.115 set out requirements that apply to the FSA 
generally. Sections 450.117 through 450.139, meanwhile, require an 
operator to conduct analyses that comprise the FSA.\1\ In this proposed 
rule, these analyses required by Sec. Sec.  450.117 through 450.139 are 
referred to as ``FSA sub-analyses'' or simply ``sub-analyses'' to 
distinguish them from the overarching FSA. Accordingly, Sec. Sec.  
450.117 through 450.139 are referred to in this proposed rule as ``FSA 
sub-analysis sections'' because they contain requirements for the FSA 
sub-analyses.\2\
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    \1\ The first five sections (Sec. Sec.  450.117, 450.119, 
450.121, 450.123, and 450.131) require analyses necessary to develop 
quantitative input data. The last four sections (Sec. Sec.  450.133, 
450.135, 450.137, and 450.139) require an applicant to use the input 
data to produce risk analyses, thereby developing the products 
necessary to evaluate compliance with the safety criteria in Sec.  
450.101.
    \2\ An FSA sub-analysis section may require more than one sub-
analysis. For instance, Sec.  450.139 requires an operator to 
conduct both a toxic release hazard analysis and a toxic risk 
assessment.
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    The requirements in Sec.  450.115(a) and (b) are for the flight 
safety analysis method (FSA method), which is the overarching method of 
conducting the FSA. The FSA method is comprised of (1) the methods used 
to develop the FSA sub-analyses required by Sec. Sec.  450.117 through 
450.139 (referred to in this proposed rule as ``FSA sub-analysis 
methods'' or simply ``sub-analysis methods''); and (2) methods of 
developing flight safety limits under Sec.  450.108 (referred to in 
this proposed rule as ``flight safety limits methods''), if 
applicable.\3\ Paragraph (a) of Sec.  450.115 identifies the scenarios 
an operator must account for using the FSA method. Paragraph (b) of 
Sec.  450.115 discusses the level of fidelity required for the FSA 
method, with the fundamental principle that the level of fidelity of 
the FSA need only be sufficient to demonstrate compliance with the 
safety criteria of Sec.  450.101, accounting for uncertainty.
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    \3\ Notably, the development of flight safety limits under Sec.  
450.108 is not technically an FSA requirement. Rather, Sec.  450.108 
sets out requirements for applicants utilizing flight abort as a 
hazard control strategy. Nonetheless, an operator utilizing flight 
abort cannot produce an FSA without accounting for flight safety 
limits, and the level of fidelity of the FSA method cannot be 
assessed without including the methods used to develop flight safety 
limits.
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    Each of the FSA sub-analysis sections requires that an operator 
submit a description of the sub-analysis method or methods used to 
develop the required sub-analysis or sub-analyses. Similarly, Sec.  
450.108(g)(1) requires an operator to submit a description of the 
flight safety limits methods. Each of these descriptions must, in turn, 
address six items required by Sec.  450.115(c): the scientific 
principles and statistical methods used ((c)(1)); all assumptions and 
their justifications ((c)(2)); the rationale for the level of fidelity 
((c)(3)); evidence for validation and verification ((c)(4)); the extent 
to which the benchmark conditions are comparable to the foreseeable 
conditions of the intended operations ((c)(5)); and the extent to which 
risk mitigations were accounted for in the analyses ((c)(6)).
    The goal of requiring this thorough description of FSA sub-analysis 
methods and flight safety limits methods is twofold. First, a robust 
description is necessary to demonstrate compliance with the fidelity 
requirement of Sec.  450.115(b). The level of fidelity of the FSA 
method cannot be assessed without an understanding of the methods that 
comprise it. Second, the description is necessary to assess compliance 
of FSA sub-analysis methods and flight safety limits methods (and 
thereby the foundation of FSAs they formulate) with Sec.  450.101(g), 
which requires that ``[f]or any analysis used to demonstrate compliance 
with [14 CFR 450.101], an operator must use accurate data and 
scientific principles and the analysis must be statistically valid.''
    In the first seven FSA sub-analysis sections (Sec. Sec.  450.117 
through 450.135), the regulations contain an explicit reference to 
Sec.  450.115(c), requiring that the descriptions of methods be ``in 
accordance with Sec.  450.115(c).'' \4\ The last two FSA sub-analysis 
sections (Sec. Sec.  450.137 and 450.139) do not explicitly reference 
Sec.  450.115(c). Nonetheless, consistent with the intent expressed in 
the final rule preamble,\5\

[[Page 63192]]

FAA has required that applicants address the requirements in Sec.  
450.115(c)(1) through (6) in the description of the methods used to 
satisfy the requirements in all the FSA sub-analysis sections, 
including those in Sec. Sec.  450.137 and 450.139.\6\
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    \4\ See Sec. Sec.  450.117(d)(1), 450.119(c)(1) and (2), 
450.121(d)(2) and (3), 450.123(c)(1), 450.131(f)(1), and 
450.135(c)(1).
    \5\ ``There are 11 performance-based sections with FSA 
requirements that fall into three groups. The first group, 
Sec. Sec.  450.113 and 450.115, provides requirements on the scope 
and fidelity of the analyses required by the remaining nine 
sections. The second group, which consists of five sections from 
Sec.  450.117 through Sec.  450.131, specifies the requirements for 
analyses necessary to develop quantitative input data used by the 
last four sections. The last group consists of four sections that 
specify quantitative risk analyses with products necessary to 
evaluate compliance with the safety criteria in Sec.  450.101. All 
of the FSA sections must use methods that comply with Sec.  
450.101(g) because they are essential to demonstrating compliance 
with the safety criteria in Sec.  450.101.'' Streamlined Launch and 
Reentry Licensing Requirements, Final Rule (85 FR 79566, 79630).
    \6\ Though the introductory text to Sec.  450.115(c) could also 
be read to require a description of the overarching FSA method, FAA 
has never required an applicant to submit this description because 
the descriptions of the sub-analysis methods are sufficient for 
evaluating the FSA method as a whole.
---------------------------------------------------------------------------

    Although requiring all six items under Sec.  450.115(c) for each 
description of methods in the FSA sub-analysis sections and Sec.  
450.108 has served the purpose of enabling FAA to find compliance with 
Sec. Sec.  450.115(b) and 450.101(g), FAA is now proposing a more 
efficient approach that could serve this purpose and save significant 
time for both applicants and FAA reviewers.

IV. Discussion of the Proposal

    FAA proposes to amend Sec.  450.115 such that an applicant would no 
longer need to submit the following items for each FSA sub-analysis 
method and flight safety limits method: rationale for the level of 
fidelity, the extent to which the benchmark conditions are comparable 
to the foreseeable conditions of the intended operations, and the 
extent to which risk mitigations were accounted for in the analysis. 
Rather, those items would only be submitted once for the FSA method as 
a whole. To accomplish this, the revised text would divide the 
application information between a revised paragraph (c), describing 
what is required for each FSA sub-analysis method and flight safety 
limits method to demonstrate compliance with Sec.  450.101(g), and a 
new paragraph (d) describing what is required to be submitted for the 
FSA method as a whole to demonstrate compliance with Sec.  450.115(b).

Revised Section 450.115(c)

    In revised paragraph (c), FAA would continue to require that 
descriptions of FSA sub-analysis methods in Sec. Sec.  450.117 through 
450.139 and flight safety limits methods under Sec.  450.108 include 
(1) the scientific principles and statistical methods, (2) assumptions 
with justifications, and (3) evidence for verification and validation. 
Based on past licensing actions, FAA has found that receiving these 
items for each sub-analysis method and flight safety limits method is 
critical to determining whether the corresponding analysis complies 
with Sec.  450.101(g).
    The proposed paragraph would revise the introductory text of Sec.  
450.115(c) to read: ``(c) Descriptions of methods. Descriptions of 
analysis methods required under Sec.  450.108 and Sec. Sec.  450.117 
through 450.139 must demonstrate compliance with Sec.  450.101(g) by 
documenting. . . .'' The revision amends the current text in three 
important ways. First, the paragraph would state that descriptions of 
FSA sub-analysis methods and flight safety limits methods must 
``demonstrate compliance with Sec.  450.101(g)'' by documenting the 
listed items. Although FAA has always used the items required by 
current Sec.  450.115(c)(1), (2), and (4) to demonstrate compliance 
with Sec.  450.101(g), the current regulatory text only references 
Sec.  450.101(g) in reference to validation and verification. The 
proposed revision would clarify that the requirements to provide 
scientific principles and statistical methods, assumptions with 
justifications, and evidence for verification and validation are all 
necessary to demonstrate compliance with Sec.  450.101(g). FAA 
anticipates that this change would provide greater clarity for 
applicants and evaluators on what is sufficient documentation to 
demonstrate the validity of the analyses.
    Second, the proposed introductory text to Sec.  450.115(c) would no 
longer frame the paragraph as an application requirement. However, the 
change would not mean applicants no longer need to submit the items in 
Sec.  450.115(c) as part of their applications. The proposal would 
retain application requirements in FSA sub-analysis and flight safety 
limits sections requiring descriptions of methods. The proposed update 
to Sec.  450.115(c) only modifies what each description must contain. 
In other words, to meet an application requirement for a description of 
methods in an FSA sub-analysis section or Sec.  450.108, that 
description of methods would continue to include the items required by 
Sec.  450.115(c).
    Finally, proposed Sec.  450.115(c) would add a cross-reference to 
the FSA sub-analysis sections (Sec. Sec.  450.117 through 450.139) and 
Sec.  450.108 to clarify the paragraph's applicability. Although FAA 
has always interpreted Sec.  450.115(c) to apply to Sec.  450.108 and 
Sec. Sec.  450.117 through 450.139, consistent with the intent stated 
in the final rule preamble, the lack of a single, clear statement about 
the paragraph's applicability in the regulations has led to some 
confusion among FAA staff and applicants. This is particularly true for 
Sec.  450.108, which is not an FSA section, and Sec. Sec.  450.137 and 
450.139, which currently do not contain cross-references for the 
descriptions of methods to be ``in accordance with Sec.  450.115(c).'' 
The clarifying change would align with the intent stated in the final 
rule preamble: Sec.  450.115(c) applies to required descriptions of 
methods in all FSA sub-analysis sections, from Sec.  450.117 to Sec.  
450.139, as well as Sec.  450.108.
    FAA also proposes to combine current paragraphs (c)(1) and (c)(2) 
into one paragraph. Proposed paragraph (c)(1) would require 
descriptions of FSA sub-analysis methods and flight safety limits 
methods to document ``[t]he scientific principles and statistical 
methods used, with associated assumptions and their justifications.'' 
Since part 450 became effective, FAA has determined that separating 
``the scientific principles and statistical methods used'' (current 
paragraph (c)(1)) and ``all assumptions and their justifications'' 
(current paragraph (c)(2)) results in applicants needing to discuss 
these closely intertwined requirements repetitively. By combining the 
requirements into one paragraph, applicants would be able to address 
these related requirements only once. FAA anticipates that this change 
would streamline the application process for applicants and application 
review for FAA.
    Finally, FAA also proposes to remove a reference to Sec.  
450.101(g) currently located in paragraph (c)(4). As discussed earlier 
in this section, the proposed introductory language to paragraph (c) 
includes a new reference to Sec.  450.101(g) to clarify that scientific 
principles and statistical methods, assumptions with justifications, 
and evidence for verification and validation are all necessary to 
demonstrate compliance with Sec.  450.101(g). Currently paragraph 
(c)(4) also contains a reference to Sec.  450.101(g): ``(4) The 
evidence for validation and verification required by Sec.  450.101(g) . 
. . .'' To avoid duplicative language, FAA proposes to remove the 
reference to Sec.  450.101(g) in proposed paragraph (c)(2), which is 
adapted from current paragraph (c)(4). The new paragraph would read: 
``(2) The evidence for validation and verification.'' However, the 
intent of proposed paragraph (c)(2) would remain unchanged from the 
current regulation: an applicant must provide evidence that 
verification and validation activities have occurred for the specific 
method. Specifically, in accordance with the

[[Page 63193]]

second sentence of Sec.  450.101(g), the applicant must show that the 
method has been validated against a valid benchmark, such as a previous 
mishap, test, or high fidelity method.

New Section 450.115(d)

    In proposed paragraph (d), FAA would set an application requirement 
for the FSA method as a whole. Specifically, an applicant would need to 
submit: (1) the rationale for the level of fidelity, (2) the extent to 
which benchmark conditions are comparable to the foreseeable conditions 
of the intended operations, and (3) the extent to which risk 
mitigations were accounted for in the FSA. Those items correspond to 
current paragraphs (c)(3), (5), and (6).
    As discussed previously, the twin goals of current Sec.  450.115(c) 
are to demonstrate compliance with Sec.  450.101(g) and demonstrate 
compliance with Sec.  450.115(b). However, the current regulatory 
requirement overshoots the mark. Requiring each description of an FSA 
sub-analysis method and the description of methods in Sec.  450.108 to 
identify items in Sec.  450.101(c)(3), (5), and (6) is not necessary to 
demonstrate compliance with Sec.  450.101(g) and is an inefficient 
method of demonstrating compliance with Sec.  450.115(b). FAA only 
needs to review these items once, for the FSA method as a whole, to 
determine that the FSA method has a level of fidelity sufficient to 
meet Sec.  450.115(b). As such, proposed paragraph (d) would only 
require submittal of these items once and only as they pertain to the 
FSA method as a whole. The remainder of this section discusses each of 
these items in more detail.
    First, the current requirement at paragraph (c)(3), to provide a 
``rationale for the level of fidelity'' for each FSA sub-analysis 
method and each flight safety limit method is inefficient, given that 
FAA's determination on the acceptable level of fidelity for these 
methods depends in part on an evaluation of how well those fit together 
to support the overall level of fidelity of the FSA method. Therefore, 
a description of the rationale for the level of fidelity of the FSA 
method as a whole offers a more efficient and effective approach to 
explaining how the level of fidelity selected for each of the FSA sub-
analysis methods and each of the flight safety limits methods supports 
the overall level of fidelity of the FSA method as a whole required by 
Sec.  450.115(b).
    Likewise, FAA has found that, with respect to the current 
requirement at paragraph (c)(5), it is often inefficient to evaluate 
the extent to which each benchmark used to validate an individual sub-
analysis method or flight safety limits method compares to the 
foreseeable conditions of the intended operations. The purpose of the 
comparison is to identify sources of uncertainty so that they are 
accounted for in accordance with Sec.  450.115(b), including 
uncertainty arising when a model is applied outside the regime in which 
it has been validated. However, in many instances, a detailed 
comparison of the specific validation benchmarks to the foreseeable 
conditions of the intended operation provides limited value where the 
findings would not meaningfully affect the level of fidelity of the FSA 
method. For instance, while a comparison of benchmarks used to validate 
an individual method with foreseeable conditions of the operation may 
show that the method is subject to uncertainty, there nonetheless may 
be high confidence that the results of the method are conservative and 
therefore not influential to the fidelity of the FSA method.
    The proposed change would eliminate this exercise in favor of a 
more balanced approach. Instead of requiring an applicant to compare 
every benchmark to the foreseeable conditions of the intended 
operations, the proposed rule would require an operator to make the 
comparison only for benchmarks for which significant uncertainty would 
impact the fidelity of the FSA method. This approach achieves the goal 
of reducing workload for applicants while still enabling FAA to 
evaluate whether the FSA method produces valid results.
    Lastly, requiring a description of risk mitigations for each FSA 
sub-analysis method and flight safety limits method, as currently 
required by paragraph (c)(6), is duplicative, given that risk 
mitigations (such as flight abort) are often only applicable to the FSA 
method as a whole. Therefore, proposed paragraph (d) would require 
submission of the extent to which risk mitigations were accounted for 
in the FSA.\7\
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    \7\ Whereas the original requirement in paragraph (c)(6) 
referred to ``the extent to which risk mitigations were accounted 
for in the analyses,'' the proposed paragraph (d)(3) now refers to 
``the flight safety analysis'' because the proposed update is 
intended to apply to the FSA method as a whole.
---------------------------------------------------------------------------

    Similarly to the way in which the revised introductory text to 
paragraph (c) would reference Sec.  450.101(g), FAA also proposes to 
include a reference to Sec.  450.115(b) in the introductory text of new 
paragraph (d). The items required in proposed paragraph (d) are 
specifically aimed at demonstrating compliance with Sec.  450.115(b), 
and the proposed revision would make that connection explicit. FAA 
anticipates that this change would provide clarity for applicants and 
evaluators on what constitutes sufficient documentation to meet new 
paragraph (d).

Terminology Updates

    In addition, FAA proposes to amend several FSA sub-analysis 
descriptions of methods requirements \8\ to replace the term 
``methodology'' with ``methods.'' Currently, the terminology used in 
these sections refers to sub-analysis methods as both ``methods'' and 
``methodology.'' For instance, Sec.  450.117(d)(1) requires an 
applicant to submit ``a description of the methods,'' but Sec.  
450.119(c)(1) and (2) require an applicant to submit ``a description of 
the methodology.'' The terms are currently treated as synonymous (a 
methodology is a system of methods used in a particular area of study 
or activity). However, the proposed rule would amend FSA sub-analysis 
sections using the term ``methodology'' to instead refer to ``methods'' 
in order to match the terminology used in proposed Sec.  450.115(c).
---------------------------------------------------------------------------

    \8\ See proposed Sec. Sec.  450.119(c)(1) and (2), 
450.133(e)(1), and 450.139(f)(7)(i).
---------------------------------------------------------------------------

Revisions to Sections 450.137 and 450.139

    The proposed rule would revise descriptions of methods requirements 
in Sec. Sec.  450.137 and 450.139 to include the phrase ``in accordance 
with Sec.  450.115(c).'' As discussed previously, FAA has consistently 
interpreted Sec.  450.115(c) as applying to all descriptions of methods 
requirements in FSA sub-analysis sections, regardless of whether the 
requirements specifically reference Sec.  450.115(c). However, the lack 
of a clear cross-reference to Sec.  450.115(c) in those sections has 
caused confusion for both FAA staff and applicants. Therefore, the 
proposed text would add the reference to Sec.  450.115(c) in Sec.  
450.137(c)(2) through (c)(5) and Sec.  450.139(f)(7) and (f)(8). In 
conjunction with the changes to the introductory language of Sec.  
450.115(c), FAA anticipates that this change would significantly 
clarify the regulatory requirements.
    In addition, the proposed rule would revise Sec.  450.139(f)(7)(ii) 
and (f)(8) to more clearly state that those paragraphs require a 
description of methods. Section 450.139(f)(7) requires an operator to 
submit a toxic release hazard analysis. As part of the toxic release 
hazard analysis, Sec.  450.139(f)(7)(ii) requires ``the methodology and 
representative results of an applicant's

[[Page 63194]]

determination of the worst-case or maximum-credible quantity of any 
toxic release that might occur during the flight of a vehicle . . . .'' 
Although FAA has always interpreted this ``methodology'' requirement as 
implicitly requiring a description of the methodology of conducting a 
toxic release hazard analysis, the proposed paragraph would make the 
requirement explicit by requiring: ``[a] description of the methods 
used in the toxic release hazard analysis.'' The proposal would move 
the remainder of the existing requirement verbatim into a new 
paragraph, Sec.  450.139(f)(7)(iii): ``representative results of an 
applicant's determination of the worst-case or maximum-credible 
quantity of any toxic release that might occur during the flight of a 
vehicle.''
    Section 450.139(f)(8) requires a toxic risk assessment. As part of 
the toxic risk assessment, Sec.  450.139(f)(8)(ii)(A) requires ``[a] 
demonstration that the safety criteria in Sec.  450.101 will be met . . 
. .'' Although FAA has interpreted this required ``demonstration'' to 
constitute a description of methods used to conduct the toxic risk 
assessment, the proposed change would make the requirement explicit by 
replacing the current text at paragraph (f)(8)(ii)(A) with ``[a] 
description of the methods for conducting the toxic risk assessment, in 
accordance with Sec.  450.115(c)'' and redesignating the existing 
paragraphs (A) through (D) as paragraphs (B) through (E).

Revision to Section 450.108

    FAA has also interpreted Sec.  450.108(g)(1) as requiring an 
applicant to submit a description of methods for the development of 
flight safety limits in accordance with Sec.  450.115(c). However, 
paragraph (g)(1) currently states that the description must be 
submitted in accordance with Sec.  450.115 rather than Sec.  
450.115(c). The proposed rule would amend this paragraph to update the 
reference to ``Sec.  450.115(c).''

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, applicants must address six items in Sec.  450.115(c) 
when describing FSA sub-analysis methods and flight safety limits 
methods that make up the FSA method. Under the proposed rule, half of 
these six application requirements would instead be required for the 
overall FSA method, rather than once for each individual method. The 
regulatory text amendments are set out in Table 1.

                                       Table 1--Regulatory Text Revisions
----------------------------------------------------------------------------------------------------------------
              Provision                Current regulatory text  Revised regulatory text           Impact
----------------------------------------------------------------------------------------------------------------
Sec.   450.108(g)(1).................  Cross references         Corrects the cross-      No Impact--correction.
                                        ``450.115''.             reference to
                                                                 ``450.115'' to
                                                                 ``450.115(c)''.
Sec.   450.115(c)....................  ``Application            ``Description of         Depending on type of
                                        requirements. An         methods. Descriptions    application as a
                                        applicant must submit    of analysis methods      modification or new,
                                        a description of the     required under Sec.      FAA expects cost
                                        flight safety analysis   450.108 and Sec.  Sec.   savings for both
                                        methodology, including     450.117 through        industry and FAA from
                                        identification of:''.    450.139 must             this due to reduced
                                                                 demonstrate compliance   labor burden.
                                                                 with Sec.   450.101(g)
                                                                 by documenting:''.
Sec.   450.115(c)(1).................  ``The scientific         Combined into new Sec.   Depending on type of
                                        principles and            450.115(c)(1):          application as a
                                        statistical methods     ``The scientific          modification or new,
                                        used''.                  principles and           FAA expects cost
                                                                 statistical methods      savings for both
                                                                 used, with associated    industry and FAA from
                                                                 assumptions and their    this due to reduced
                                                                 justifications; and''.   labor burden.
Sec.   450.115(c)(2).................  ``All assumptions and    Combined into new Sec.   Depending on type of
                                        their justifications''.   450.115(c)(1):          application as a
                                                                ``The scientific          modification or new,
                                                                 principles and           FAA expects cost
                                                                 statistical methods      savings for both
                                                                 used, with associated    industry and FAA from
                                                                 assumptions and their    this due to reduced
                                                                 justifications; and''.   labor burden.
Sec.   450.115(c)(3).................  ``The rationale for the  Changed into new Sec.    Depending on type of
                                        level of fidelity;''.    450.115(d)(1).           application as a
                                                                                          modification or new,
                                                                                          FAA expects cost
                                                                                          savings for both
                                                                                          industry and FAA from
                                                                                          this due to reduced
                                                                                          labor burden.
Sec.   450.115(c)(4).................  ``The evidence for       Changed into new Sec.    Depending on type of
                                        validation and           450.115(c)(2).           application as a
                                        verification required   ``Evidence for            modification or new,
                                        by Sec.                  validation and           FAA expects cost
                                        450.101(g);''.           verification.''.         savings for both
                                                                                          industry and FAA from
                                                                                          this due to reduced
                                                                                          labor burden.
Sec.   450.115(c)(5).................  ``The extent to which    Changed into new Sec.    Depending on type of
                                        the benchmark            450.115(d)(2):           application as a
                                        conditions are          ``The extent to which     modification or new,
                                        comparable to the        the benchmark            FAA expects cost
                                        foreseeable conditions   conditions are           savings for both
                                        of the intended          comparable to the        industry and FAA from
                                        operations''.            foreseeable conditions   this due to reduced
                                                                 of the intended          labor burden.
                                                                 operations; and''.
Sec.   450.115(c)(6).................  ``The extent to which    Changed into new Sec.    Depending on type of
                                        risk mitigations were    450.115(d)(3):           application as a
                                        accounted for in the    ``The extent to which     modification or new,
                                        analyses.''.             risk mitigations were    FAA expects cost
                                                                 accounted for in the     savings for both
                                                                 flight safety            industry and FAA from
                                                                 analysis.''.             this due to reduced
                                                                                          labor burden.

[[Page 63195]]

 
Sec.   450.119(c)(1).................  ``A description of the   ``A description of the   No Impact--language
                                        methodology used to      methods used to          added for consistency.
                                        characterize the         characterize the
                                        vehicle's flight         vehicle's flight
                                        behavior throughout      behavior throughout
                                        malfunction flight, in   malfunction flight, in
                                        accordance with Sec.     accordance with Sec.
                                        450.115(c).''.           450.115(c).''.
Sec.   450.119(c)(2).................  ``A description of the   ``A description of the   No Impact--language
                                        methodology used to      methods used to          added for consistency.
                                        determine the limits     determine the limits
                                        of a useful mission,     of a useful mission,
                                        in accordance with       in accordance with
                                        Sec.   450.115(c).''.    Sec.   450.115(c).''.
Sec.   450.133(e)(1).................  ``A description of the   ``A description of the   No Impact--language
                                        methodology to be used   methods to be used in    added for consistency.
                                        in the flight hazard     the flight hazard area
                                        area analysis in         analysis, in
                                        accordance with Sec.     accordance with Sec.
                                        450.115(c),              450.115(c),
                                        including:''.            including:''.
Sec.   450.137(c)(2).................  ``A description of the   ``A description of the   No Impact--language
                                        methods used to          methods used to          added for
                                        compute the              compute the              clarification.
                                        foreseeable explosive    foreseeable explosive
                                        yield probability        yield probability
                                        pairs, and the           pairs, in accordance
                                        complete set of yield-   with Sec.
                                        probability pairs,       450.115(c), and the
                                        used as input to the     complete set of yield-
                                        far-field overpressure   probability pairs,
                                        analysis;''.             used as input to the
                                                                 far-field overpressure
                                                                 analysis;''.
Sec.   450.137(c)(3).................  ``A description of the   ``A description of the   No Impact--language
                                        methods used to          methods used to          added for
                                        compute peak incident    compute peak incident    clarification.
                                        overpressures as a       overpressures as a
                                        function of distance     function of distance
                                        from the explosion and   from the explosion and
                                        prevailing               prevailing
                                        meteorological           meteorological
                                        conditions, including    conditions, in
                                        sample calculations      accordance with Sec.
                                        for a representative     450.115(c), including
                                        range of the             sample calculations
                                        foreseeable              for a representative
                                        meteorological           range of the
                                        conditions, yields,      foreseeable
                                        and population center    meteorological
                                        locations;''.            conditions, yields,
                                                                 and population center
                                                                 locations;''.
Sec.   450.137(c)(4).................  ``A description of the   ``A description of the   No Impact--language
                                        methods used to          methods used to          added for
                                        compute the              compute the              clarification.
                                        probability of window    probability of window
                                        breakage, including      breakage, in
                                        tabular data and         accordance with Sec.
                                        graphs for the           450.115(c), including
                                        probability of           tabular data and
                                        breakage as a function   graphs for the
                                        of the peak incident     probability of
                                        overpressure for a       breakage as a function
                                        representative range     of the peak incident
                                        of window types,         overpressure for a
                                        building types, and      representative range
                                        yields accounted         of window types,
                                        for;''.                  building types, and
                                                                 yields accounted
                                                                 for;''.
Sec.   450.137(c)(5).................  ``A description of the   ``A description of the   No Impact--language
                                        methods used to          methods used to          added for
                                        compute the              compute the              clarification.
                                        probability of           probability of
                                        casualty for a           casualty for a
                                        representative           representative
                                        individual, including    individual, in
                                        tabular data and         accordance with Sec.
                                        graphs for the           450.115(c), including
                                        probability of           tabular data and
                                        casualty, as a           graphs for the
                                        function of location     probability of
                                        relative to the window   casualty, as a
                                        and the peak incident    function of location
                                        overpressure for a       relative to the window
                                        representative range     and the peak incident
                                        of window types,         overpressure for a
                                        building types, and      representative range
                                        yields accounted         of window types,
                                        for;''.                  building types, and
                                                                 yields accounted
                                                                 for;''.
Sec.   450.139(f)(7)(ii).............  ``The methodology and    ``A description of the   No Impact--language
                                        representative results   methods used in the      added for
                                        of an applicant's        toxic release hazard     clarification and
                                        determination of the     analysis, in             consistency.
                                        worst-case or maximum-   accordance with Sec.
                                        credible quantity of     450.115(c); and''.
                                        any toxic release that
                                        might occur during the
                                        flight of a vehicle;''.
Sec.   450.139(f)(7)(iii)............  N/A....................  ``Representative         Depending on type of
                                                                 results of an            application as a
                                                                 applicant's              modification or new,
                                                                 determination of the     FAA expects cost
                                                                 worst-case or maximum-   savings for both
                                                                 credible quantity of     industry and FAA from
                                                                 any toxic release that   this due to reduced
                                                                 might occur during the   labor burden.
                                                                 flight of a vehicle;''.
Sec.   450.139(f)(8)(ii)(A)..........  ``A demonstration that   Changed into new Sec.    Depending on type of
                                        the safety criteria in   450.139(f)(8)(ii)(B).    application as a
                                        Sec.   450.101 will be  ``A demonstration that    modification or new,
                                        met;''.                  the safety criteria in   FAA expects cost
                                                                 Sec.   450.101 will be   savings for both
                                                                 met;''.                  industry and FAA from
                                                                                          this due to reduced
                                                                                          labor burden.

[[Page 63196]]

 
Sec.   450.139(f)(8)(ii)(B)..........  ``The population         Changed into new Sec.    Depending on type of
                                        characteristics in       450.139(f)(8)(ii)(C).    application as a
                                        receptor locations      ``The population          modification or new,
                                        that are identified by   characteristics in       FAA expects cost
                                        toxic dispersion         receptor locations       savings for both
                                        modeling as toxic        that are identified by   industry and FAA from
                                        hazard areas;''.         toxic dispersion         this due to reduced
                                                                 modeling as toxic        labor burden.
                                                                 hazard areas;''.
Sec.   450.139(f)(8)(ii)(C)..........  ``A description of any   Changed into new Sec.    Depending on type of
                                        risk mitigations         450.139(f)(8)(ii)(D).    application as a
                                        applied in the toxic    ``A description of any    modification or new,
                                        risk assessment; and''.  risk mitigations         FAA expects cost
                                                                 applied in the toxic     savings for both
                                                                 risk assessment; and''.  industry and FAA from
                                                                                          this due to reduced
                                                                                          labor burden.
Sec.   450.139(f)(8)(ii)(D)..........  ``A description of the   Changed into new Sec.    Depending on type of
                                        population exposure      450.139(f)(8)(ii)(E).    application as a
                                        input data used in      ``A description of the    modification or new,
                                        accordance with Sec.     population exposure      FAA expects cost
                                        450.123.''.              input data used in       savings for both
                                                                 accordance with Sec.     industry and FAA from
                                                                 450.123.''.              this due to reduced
                                                                                          labor burden.
Sec.   450.139(f)(8)(ii)(A)..........  N/A....................  ``A description of the   No Impact--language
                                                                 methods for conducting   added for
                                                                 the toxic risk           clarification.
                                                                 assessment, in
                                                                 accordance with Sec.
                                                                 450.115(c);''.
----------------------------------------------------------------------------------------------------------------

    In addition, for clarification, in Sec.  450.137 and Sec.  450.139, 
FAA proposes adding the text ``in accordance with Sec.  450.115(c),'' 
but this change would have no economic impact. In Sec.  450.108(g), FAA 
proposes fixing the cross-reference to ``450.115'' to instead read 
``450.115(c),'' but this too would have no economic impact. FAA also 
proposes to clarify that Sec.  450.139(f)(7) and (f)(8) require a 
description of methods, but this does not depart from current practice 
and therefore would have no economic impact. Lastly, for clarification, 
the term ``methodology'' would be changed to ``methods'' in Sec. Sec.  
450.119, 450.133, and 450.139 for consistent terms that match the 
terminology used in proposed Sec.  450.115(c), which would have no 
economic impact from the baseline.
    FAA anticipates that the proposed rule would result in a 
considerable reduction in the cost of compliance for applicants. FAA 
does not have enough data to analyze the impact quantitatively; 
however, a summary of the time burden of the licensing process is 
provided below. FAA is uncertain of the hours for each new application 
and for each modification. This uncertainty is driven by two factors. 
For new applications, the uncertainty arises because each license 
application is different due to the varying types of operations. 
Second, for modifications, the uncertainty arises because FAA is unable 
to predict in advance which aspect of the license would be modified. As 
a result, the time burden differs between new applications and license 
modifications, and FAA does not have the ability to analyze the impact 
quantitatively.
    In addition, while FAA can identify the general labor categories 
involved in the FSA, accurately forecasting the proportional allocation 
of labor hours among these disciplines carries a high degree of 
statistical uncertainty. Furthermore, pursuant to 14 CFR 450.45(b), 
operators may elect to utilize the services of a Federal entity. 
Exercising this option significantly alters both the anticipated time 
burden and the requisite personnel composition for the FSA.
    FAA expects between two to five new applications per year. Over the 
past five years, there have been 17 new applications. For modification 
requests, there have been 179 in the past five years, for an average of 
approximately 35 per year. Thus, FAA cannot estimate an average number 
of hours per license as it is license-dependent. However, based on 
current licenses, for example, for one licensee, there have been six 
modifications over one year that resulted in 10,747 hours spent by FAA. 
Another license required 13 modifications that resulted in 6,846 hours 
spent by FAA. These hours are based on internal FAA data.
    Flight safety analysis takes up a significant amount of this time 
for industry and FAA. Therefore, FAA expects considerable cost savings 
for both industry and FAA from this proposed rulemaking due to reduced 
labor burden. Further, FAA requests public comment on these estimates 
and the expected savings from this proposed rule.

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.

[[Page 63197]]

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 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 alleviate 
regulatory burden for license applicants by consolidating information 
required for an operator's flight safety analysis, 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,\9\ and FAA Order 1210.20, American Indian 
and Alaska Native Tribal Consultation Policy and Procedures,\10\ 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.
---------------------------------------------------------------------------

    \9\ 65 FR 67249 (November 6, 2000).
    \10\ 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>.
---------------------------------------------------------------------------

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

[[Page 63198]]

``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.

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 in 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 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS

0
1. The authority citation for part 450 is revised to read as follows:

    Authority: 51 U.S.C. Chapter 509.

0
2. Revise Sec.  450.108(g)(1) to read as follows:
* * * * *
    (g) * * *
    (1) A description of the methods used to demonstrate compliance 
with paragraph (c) of this section, including descriptions of how each 
analysis constraint in paragraph (d) of this section is satisfied, in 
accordance with Sec.  450.115(c).
* * * * *
0
3. Amend Sec.  450.115 by revising paragraph (c) and adding paragraph 
(d) to read as follows:


Sec.  450.115  Flight safety analysis methods.

* * * * *
    (c) Descriptions of methods. Descriptions of analysis methods 
required under Sec.  450.108 and Sec. Sec.  450.117 through 450.139 
must demonstrate compliance with Sec.  450.101(g) by documenting:
    (1) The scientific principles and statistical methods used, with 
associated assumptions and their justifications; and
    (2) Evidence for validation and verification.
    (d) Application requirements. An applicant must demonstrate that 
the flight safety analysis method complies with paragraph (b) of this 
section by submitting:
    (1) The rationale for the level of fidelity;
    (2) The extent to which the benchmark conditions are comparable to 
the foreseeable conditions of the intended operations; and
    (3) The extent to which risk mitigations were accounted for in the 
flight safety analysis.
0
4. Amend Sec.  450.119 by revising paragraphs (c)(1) and (c)(2) to read 
as follows:


Sec.  450.119  Trajectory analysis for malfunction flight.

* * * * *
    (c) * * *
    (1) A description of the methods used to characterize the vehicle's 
flight behavior throughout malfunction flight, in accordance with Sec.  
450.115(c).
    (2) A description of the methods used to determine the limits of a 
useful mission, in accordance with Sec.  450.115(c).
* * * * *
0
5. Amend Sec.  450.133 by revising paragraph (e)(1) to read as follows:


Sec.  450.133   Flight hazard area analysis.

* * * * *
    (e) * * *
    (1) A description of the methods to be used in the flight hazard 
area analysis, in accordance with Sec.  450.115(c), including:
* * * * *
0
6. Amend Sec.  450.137 by revising paragraphs (c)(2) through (c)(5) to 
read as follows:


Sec.  450.137  Far-field overpressure blast effects analysis.

* * * * *
    (c) * * *
    (2) A description of the methods used to compute the foreseeable 
explosive yield probability pairs, in accordance with Sec.  450.115(c), 
and the complete set of yield-probability pairs, used as input to the 
far-field overpressure analysis;
    (3) A description of the methods used to compute peak incident 
overpressures as a function of distance from the explosion and 
prevailing meteorological conditions, in accordance with Sec.  
450.115(c), including sample calculations for a representative range of 
the foreseeable meteorological conditions, yields, and population 
center locations;
    (4) A description of the methods used to compute the probability of 
window breakage, in accordance with Sec.  450.115(c), including tabular 
data and graphs for the probability of breakage as a function of the 
peak incident overpressure for a representative range of window types, 
building types, and yields accounted for;
    (5) A description of the methods used to compute the probability of 
casualty for a representative individual, in accordance with Sec.  
450.115(c), including tabular data and graphs for the probability of 
casualty, as a function of location relative to the window and the peak 
incident overpressure for a representative range of window types, 
building types, and yields accounted for;
* * * * *
0
7. In Sec.  450.139:
0
a. Revise paragraph (f)(7)(ii);
0
b. Add paragraph (f)(7)(iii);

[[Page 63199]]

0
c. Redesignate paragraphs (f)(8)(ii)(A) through (D) as paragraphs 
(f)(8)(ii)(B) through (E); and
0
d. Add new paragraph (f)(8)(ii)(A).
    The amendments read as follows:


Sec.  450.139  Toxic hazards for flight.

* * * * *
    (f) * * *
    (7) * * *
    (ii) A description of the methods used in the toxic release hazard 
analysis, in accordance with Sec.  450.115(c); and
    (iii) Representative results of an applicant's determination of the 
worst-case or maximum-credible quantity of any toxic release that might 
occur during the flight of a vehicle;
    (8) * * *
    (ii) * * *
    (A) A description of the methods for conducting the toxic risk 
assessment, in accordance with Sec.  450.115(c);
* * * * *

    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. 2026-20388 Filed 10-2-26; 8:45 am]
BILLING CODE 4910-13-P


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Indexed from Federal Register on October 5, 2026.

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