disposal method. Additionally, Sec.  450.101(d) currently refers to the
reentry risk criteria in (b), which may create confusion since reentry
is distinct from disposal.
    The risk criteria outlined in Sec.  450.101 would only apply to
disposals that result in orbital debris returning to Earth's surface or
atmosphere--that is, controlled or uncontrolled atmospheric disposal.
There is no need to calculate collective or individual risks to the
public, or aircraft risk if an operator elects to maneuver orbital
debris to a disposal orbit or a hyperbolic trajectory that no longer
orbits Earth (Earth-escape disposal). Thus, the FAA proposes to revise
Sec.  450.101(d) to limit the applicability of the risk criteria to
controlled atmospheric disposal performed in accordance with Sec.
453.14, direct retrieval resulting in controlled atmospheric disposal
per Sec.  453.16(b)(1), and uncontrolled atmospheric disposal performed
in accordance with Sec.  453.17. The risk criteria applicable to
controlled atmospheric disposal would appear in paragraph (d)(1), while
the risk criteria applicable to uncontrolled atmospheric disposal would
appear in paragraph (d)(2).
    With respect to controlled atmospheric disposal, the FAA's proposed
revision to Sec.  450.101(d) is substantively equivalent to the current
regulation. Operators performing controlled atmospheric disposal will
still have the option of targeting a broad ocean area or meeting the
same collective, individual, and aircraft risk criteria required for
reentries under Sec.  450.101(b). The FAA proposes to add a third
alternative for compliance as Sec.  450.101(d)(1)(i): ensuring that the
effective casualty area of any surviving debris is less than 7 square
meters. This revision renders the disposal risk criteria in Sec.
450.101(d)(1) consistent with the safety criteria for controlled
atmospheric disposal under proposed Sec.  453.14.
    The risk criteria applicable to uncontrolled atmospheric disposal
will similarly match the criteria proposed in Sec.  453.17. As noted in
this section of this preamble discussing proposed Sec.  453.17, the FAA
will not require operators to calculate individual or aircraft risk as
would an operator performing controlled atmospheric disposal because
the science of predicting impact points for uncontrolled disposals is
limited. Due to limitations in the U.S. tracking system and
environmental factors that impact debris, it is virtually impossible to
precisely predict when and where debris disposed through natural decay
will impact. Instead, consistent with the USGODMSP, the FAA would
require that operators performing uncontrolled atmospheric disposal
ensure that either (i) the effective casualty area for any surviving
debris will be less than 7 square meters; or (ii) the risk to the
public on the ground will not exceed 1 EC in 10,000 events
or 1 x 10-4.
    The FAA also proposes to revise Sec.  450.101(e) to reflect the
scope of proposed part 453. Specifically, the FAA would require in
Sec.  450.101(e)(1) that operators prevent collisions between a launch
or reentry vehicle stage or component with a planned altitude greater
than 150 km and people, property, and debris on orbit, in accordance
with the requirements in Sec.  453.11. Similarly, the FAA would require
in Sec.  450.101(e)(2) that operators perform debris mitigation in
accordance with part 453 for any launch or reentry vehicle stage or
component with a planned altitude greater than 150 km. The FAA also
proposes to replace the reference to Sec.  450.169 in Sec.
450.165(a)(3) with a reference to Sec.  453.11, and in Sec.  450.213
with a reference to Sec.  453.11(f). As discussed above, the FAA
proposes to move the collision avoidance analysis requirements set
forth in Sec. Sec.  450.169 to 453.11, and replace the current language
of Sec.  450.169 with a reference to Sec.  453.11.
    The FAA also proposes to revise the equivalent level of safety
requirements in Sec.  450.37 to allow operators the option to seek an
equivalent level of safety for collision avoidance analysis
requirements (which would be located under Sec.  453.11) and all other
orbital debris mitigation requirements under part 453. Previously,
Sec.  450.37 did not include an equivalent level of safety for
collision avoidance analysis. Upon further consideration, the FAA
decided that an equivalent level of safety is appropriate. The FAA has
found a need for flexibility in the current regulation, which does not
allow an equivalent level of safety for collision avoidance analysis,
to accommodate deployments of large numbers of satellites and for new
launch operators. The FAA has found that collision avoidance is a
difficult task for new launch operators, and options need to be
available to get the operators to meet compliance. The FAA believes
operators might be capable of proposing alternatives to the collision
avoidance analysis requirements such as active debris avoidance that
provide a level of safety equivalent to FAA regulations. The FAA also
proposes to amend the flight safety analysis scope requirements of
Sec.  450.113 regarding disposal. The current regulation requires an
operator to perform and document a flight safety analysis for all
phases of flight, including for ``disposal,'' from the initiation of
the deorbit through final impact. As discussed earlier in this
preamble, the FAA is proposing to expand the definition of ``disposal''
in Sec.  401.7 to include all 5 disposal options proposed in Sec. Sec.
453.14 through 453.18. The FAA does not believe it would be necessary
or feasible to prepare a flight safety analysis for each of the 5
disposal methods proposed in part 453. The FAA will continue to only
require a flight safety analysis for controlled atmospheric disposals.
The FAA therefore proposes to replace the word ``disposals'' in Sec.
450.113(a)(3) with ``controlled atmospheric disposal performed in
accordance with Sec.  453.14 or direct retrieval resulting in
controlled atmospheric disposal under Sec.  453.16(b)(1).''
Additionally, in order to reflect the safety criteria alternatives
proposed in Sec.  453.14(b), the FAA proposes to specify in Sec.
450.113(c) that an operator would not need to prepare a flight safety
analysis if the Administrator agrees that the disposal will target a
broad ocean area or have an effective casualty area less than 7 square
meters.
    Lastly, the FAA proposes to replace the current requirements of
Sec.  450.171 for safety at end of launch with a reference to the
sections of part 453 under which those requirements will now be found:
Sec. Sec.  453.7 and 453.9. As discussed above, the FAA is proposing
changes to the requirements for safety at end of launch to include all
orbital debris mitigation requirements. As such this revision will
expand the scope of Sec.  450.171, but as discussed earlier, should
present no more than a minimal burden on operators for compliance.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits,

and other effects of proposed or final rules that include a Federal
mandate that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any 1 year.
The current threshold after adjustment for inflation is $165,000,000,
using the most current (2021) Implicit Price Deflator for the Gross
Domestic Product. The FAA has provided a detailed Regulatory Impact
Analysis (RIA) in the docket for this rulemaking. This portion of the
preamble summarizes the FAA's analysis of the economic impacts of this
rule.
    In conducting these analyses, the FAA has determined that this
rule: would result in benefits that justify costs; is a ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866, as amended by Executive Order 14094 (``Modernizing Regulatory
Review''); would not have a significant economic impact on a
substantial number of small entities; would not create unnecessary
obstacles to the foreign commerce of the United States; and would not
impose an unfunded mandate on State, local, or tribal governments, or
on the private sector.

A. Summary of the Regulatory Impact Analysis

    To limit the growth of orbital debris, the FAA is proposing to
require that upper stages of commercial launch vehicles and other
components be removed from orbit within 25 years after launch using an
acceptable means of disposal. This document provides the FAA's analysis
of the impact of this regulatory change.
    Assumptions:
     All monetary values are expressed in 2020 dollars.
     A 15-year analysis period is used based on the available
forecast and cost information.
     Present values using 3 percent and 7 percent discount rate
as prescribed by OMB in Circular A-4.
    Entities Potentially Affected by this Rulemaking:
     Licensed and permitted operators for launches and
reentries with a planned altitude above 150 km.
     All space users.
     Commercial space transportation suppliers.
     Satellite operators and owners.
     The Federal Aviation Administration and other government
agencies.
     The general public.
    Currently, the FAA has no regulations requiring post-mission
disposal of upper stages. In this rulemaking, the FAA considers the
U.S. Government Orbital Debris Mitigation Standard Practices (USGODMSP)
and policies of NASA, Federal Communications Commission (FCC), National
Oceanic and Atmospheric Administration (NOAA), and the Inter-agency
Space Debris Coordination Committee (IADC) in an effort to establish
common standards as the commercial space industry evolves and
utilization of space grows.
    This proposed rule would prevent an estimated 427 used upper stages
from becoming large orbital debris over the next 15 years. Furthermore,
this proposed rule would likely result in cost savings resulting from
avoiding orbital remediation costs in the long run. The proposed rule
would reduce risks to human spaceflight and space property, and
internalize the externality to benefit the satellite industry. In
addition, the proposed mitigation requirements are in line with the
public demand for a sustainable space environment and the commercial
space industry's interest in driving down orbital debris awareness
costs. Therefore, this rulemaking would improve public safety and
eventually save the industry money in the long run.
    The FAA assesses scenarios of compliance costs using low, central,
and high scenarios, which vary by the number of controlled disposals
per year. Cost of present values and annualized costs for the lower
case, central case and higher case are presented in the following
table.

                           Low, Central, and High-Cost Scenarios in 2022 U.S. Dollars
----------------------------------------------------------------------------------------------------------------
                                                   Present value   Present value    Annualized      Annualized
                 Million dollar                       at a 7%         at a 3%      cost at a 7%    cost at a 3%
                                                   discount rate   discount rate   discount rate   discount rate
----------------------------------------------------------------------------------------------------------------
Lower Case......................................             $16             $20              $2              $2
Central case....................................              24              31               3               3
High Case.......................................              48              59               5               5
----------------------------------------------------------------------------------------------------------------

    The central estimate of the present value of total costs over 15
years is $24 million at a 7 percent discount rate or $31 million at a 3
percent discount rate. The annualized costs at a 7 percent discount
rate would be $2.6 million or $2.6 million at a 3 percent discount
rate. Without post-mission disposal, the upper stages contribute to the
majority of orbital debris due to their mass. Moreover, prevention of
large orbital debris would reduce risks to human spaceflight and space
property.
    The following table is the summary of the total costs for central
estimate, the FAA's preferred estimate.

                             Present Value and Annualized Cost in 2022 U.S. Dollars
----------------------------------------------------------------------------------------------------------------
                                                                                Annualized cost  Annualized cost
        Summary of costs ($ million)           Present value    Present value       at a 3%          at a 7%
                                                at a 3% rate     at a 7% rate    discount rate    discount rate
----------------------------------------------------------------------------------------------------------------
Mitigation Costs............................           $31.1            $23.9             $2.6             $2.6
----------------------------------------------------------------------------------------------------------------

    The following table summarizes benefits and costs.

                      Summary of Benefits and Costs
------------------------------------------------------------------------

-------------------------------------------------------------------------
                                Benefits
------------------------------------------------------------------------
--Preventing 427 used upper stages from becoming orbital debris over the
 15 years.
--Avoiding orbital remediation costs in the long run.
--Mitigating risks to valuable space assets.
--Internalizing the externality (spill-over cost) to benefit the
 satellite industry.
--Aligning FAA requirements with interagency policies and common
 standards for orbital debris mitigation, and encouraging reciprocal
 regulatory action in foreign countries, which will further benefit U.S.
 commercial and government space operations by reducing space debris.
--Preventing collisions and protecting human spaceflight.
------------------------------------------------------------------------
                                  Costs
------------------------------------------------------------------------
--Present-value cost over 15-years (7 percent) would be $24 million ($3
 million annualized). The costs are categorized into five groups: four
 disposal methods and reporting costs.
------------------------------------------------------------------------

    The FAA encourages the public interest parties to read a full
context of the regulatory impact analysis (RIA) of this proposed rule
in the docket for this rulemaking.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    Currently, there are five FAA-licensed United States commercial
space launch orbital vehicle manufacturers and operators under the
Small Business Administration small-entity criteria of 1,200 employees.
Two of the five small entities are either a suborbital launcher whose
space vehicles would not reach high space altitude to become orbital
debris against the 25-year rule or not an active launcher, but listed
as a launch license holder. The other three of the five are considered
to be rocket builders, whose products as low-cost suborbital rockets
would not be affected by this proposed rule. Therefore, as provided in
section 605(b), the head of the FAA certifies that this rulemaking will
not result in a significant economic impact on a substantial number of
small entities.
    The FAA invites interested parties to submit data and information
regarding the potential economic impact that would result from the
proposal.

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, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it would respond to a domestic safety objective and would not be
considered an unnecessary obstacle to trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of 100 million or more
(in 1995 dollars) in any 1 year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid OMB control number.
    This action contains the following proposed amendments to the
existing information collection requirements previously approved under
OMB Control Number 2120-0608. As required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed
information collection amendments to OMB for its review.
    Summary: Under Sec. Sec.  453.5 through 453.18, the proposed rule
would require applicants to submit an ODAP that includes several
analyses, descriptions, and demonstrations. The analyses would detail
the release of debris during normal operations, how that debris release
could be mitigated, and how any debris released will meet the 25-year
rule and 100 object-year rule. An analysis detailing the end-of-mission
passivation procedure and its probability of success would also be

required, as well as a procedure for collision avoidance after payload
separation and an analysis of the lifetime probability of collision.
For post-mission disposal, analysis and description of the disposal
method and its probability of success are proposed along with the
calculated risk, effective casualty area, or the broad ocean location
of any disposals into Earth's atmosphere.
    Use: The information would be used by the FAA's Office of
Commercial Space to evaluate the operator's application.
    Respondents (including number of): There are approximately 13 FAA-
licensed or permitted launches and reentries per year that would be
affected by this proposed regulation.
    Frequency: Operators would need to submit a mission-specific ODAP
at least 60 days before each launch or reentry with a planned altitude
above 150 km. In 2021, the FAA issued 24 space launch and reentry
licenses held by 11 license holders. Many operators will be able to re-
use the ODAP or parts of the ODAP for multiple operations, as some
information will not change operation to operation. The FAA uses 25
ODAP per year for the calculation of the frequency.
    Annual Burden Estimate: Changes in Sec. Sec.  453.5 through 453.18
would result in some paperwork burden cost by requiring engineer time
for analyses and documentations of mission disposal, normal operations
debris release, explosion mitigation, and collision mitigation in an
ODAP. The FAA estimates an aerospace engineer would spend approximately
10 hours per launch at the mean hourly wage rate of $81.28.\70\ To
determine reporting requirement cost, the FAA calculates the annual
launch number potentially for orbital debris creation. The annual
impacted launch number was estimated to be 25 by dividing the total
forecasted launches subtracting sub-orbital launches (or natural decay)
by 15 years. Based on impacted 25 launches, the paperwork burden would
be $341,376 over 15-year analysis period.
---------------------------------------------------------------------------

    \70\ The spent hour estimate is based on FAA/AST office and
government launchers data sources. The wage rate is based on U.S.
Bureau of Labor Statistics (BLS), Occupation Employment and Wages,
occupation code 17-2011 for Aerospace Engineers, in Feb 2019.
---------------------------------------------------------------------------

    In order to comply with Sec.  453.20, launch operators would need
to notify the FAA or, if appropriate, a requesting Federal agency, by
phone call or email at the detection of a debris-creating event or any
launch or reentry activity outside the 3-sigma trajectory provided for
collision avoidance. The FAA estimated the time required to report by
phone or email would be about 0.25 hours per launch or approximately 95
hours (0.25 x 25 x 15) over a 15-year period, assuming operators would
have an event to report under proposed Sec.  453.20 after every launch.
It would cost $8,677 (see table 2, column 3) over the entire 15-year
period based on the average wage rate of $81.28 for aerospace
engineers.
    The compliance costs for Sec.  453.11, launch and reentry collision
avoidance analysis and the associated worksheet, are unchanged from the
previous part 450 burden determination.
    Combing all the reporting costs, the undiscounted total reporting
requirement cost would be $350,053 ($341,376 + $8,677) over the 15-year
period. The FAA believes the paperwork burden is insignificant.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by December 26, 2023. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17 Street NW, Washington, DC
20053.

F. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that 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. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
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 send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The 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 rulemaking, or a memorandum
submitted by outside parties to memorialize communications with the
FAA. Before acting on this proposal, the FAA will consider all comments
it receives on or before the closing date for comments. The FAA will
consider comments filed after the comment period has closed to the
extent practicable. The agency may change this proposal in light of the
comments it receives.
    Proprietary or Confidential Business Information: Commenters should
not

file proprietary or confidential business information in the docket.
Such information must be sent or delivered directly to the person
identified in the FOR FURTHER INFORMATION CONTACT section of this
document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
    1. Searching the Federal eRulemaking Portal (www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at
www.faa.gov/regulations_policies; or,
    3. Accessing the Government Printing Office's web page at
www.GovInfo.gov.
    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<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.

List of Subjects

14 CFR Part 401

    Organization and functions (Government agencies), Space
transportation and exploration.

14 CFR Part 404

    Administrative practice and procedure, Space transportation and
exploration.

14 CFR Part 415

    Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 417

    Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 431

    Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 435

    Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 437

    Aircraft, Aviation safety. Reporting and recordkeeping
requirements, Space transportation and exploration.

14 CFR Part 450

    Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 453

    Reporting and recordkeeping requirements, Space transportation and
exploration.

The Proposed Amendment

    In consideration of the foregoing, 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 continues to read as follows:

    Authority: 51 U.S.C. 50101-50923.

0
2. Amend Sec.  401.7 by:
0
a. Revising the definition of ``Disposal; and
0
b. Adding the definitions of ``Geostationary Earth Orbit (GEO)'',
``Geosynchronous region'', ``Low Earth Orbit (LEO)'', ``Medium Earth
Orbit (MEO)'', ``Object time'' and ``Orbital debris''.
    The revisions and additions read as follows:

Sec.  401.7  Definitions.

* * * * *
    Disposal means to execute or attempt to execute controlled
atmospheric disposal, heliocentric disposal, uncontrolled atmospheric
disposal, disposal orbit, or direct retrieval of launch vehicle stages
or components of launch or reentry vehicles under part 453 of this
chapter.
* * * * *
    Geostationary Earth Orbit (GEO) means any Earth orbit where the
orbiting object orbits at the same angular velocity as the Earth and
the object appears stationary from the ground. The altitude of this
zero inclination, zero eccentricity orbit is 35,786 km.
    Geosynchronous region is the band of orbital space surrounding GEO.
It is bound by altitude limits of 35,786 km +/- 200 km altitude and +/-
15 degrees latitude.
* * * * *
    Low Earth Orbit (LEO) means any Earth orbit with both apogee and
perigee below 2,000 km altitude.
* * * * *
    Medium Earth Orbit (MEO) means any Earth orbit in which an object's
apogee and perigee both remain between LEO and GEO.
* * * * *
    Object time means the number of objects multiplied by the unit of
time, typically years. A higher object-time means more objects on orbit
for a higher cumulative amount of time.
* * * * *
    Orbital debris means all human-generated debris in Earth orbit that
is greater than 5 mm in any dimension. This includes, but is not
limited to, payloads that can no longer serve a useful purpose, rocket
bodies and other hardware (e.g., bolt fragments and covers) left in
orbit as a result of normal launch and operational activities, and
fragmentation debris produced by failure or collision. Released gases
and liquids in a free state, and solid rocket motor slag of any size
are not orbital debris.
* * * * *

PART 404--PETITION AND RULEMAKING PROCEDURES

0
3. The authority citation for part 404 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
4. Revise in Appendix A to Part 404, Table A404.1 to read as follows:

Appendix A to Part 404--Alternative Time Frames

* * * * *

                   Table A404.1--Eligible Time Frames
------------------------------------------------------------------------
                  Sections                            Paragraphs
------------------------------------------------------------------------
Sec.   404.5--Filing a petition for waiver.  (a).
Sec.   413.23--License or permit renewal...  (a).
Sec.   414.31--Safety element approval       (a).
 renewal.
Sec.   420.57--Notifications...............  (d).
Sec.   437.89--Pre-flight reporting........  (a), (b).
Sec.   440.15--Demonstration of compliance.  (a)(1), (a)(2), (a)(3),
                                              (a)(4).
Sec.   453.11--Launch and Reentry Collision  (e)(1).
 Avoidance Analysis Requirements.
Sec.   450.213--Pre-flight reporting.......  (b), (c), (d), (e).
Sec.   450.215--Post-flight reporting......  (a).
------------------------------------------------------------------------

PART 415--LAUNCH LICENSE

0
5. The authority citation for part 415 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
6. Amend Sec.  415.2 by revising paragraph (b) to read as follows:

Sec.  415.2  Licenses issued under this part.

* * * * *
    (b) Compliance with parts 450 and 453 of this chapter. Operations
under this part must comply with the critical asset protection
requirements in Sec.  450.101(a)(4) and (b)(4) of this chapter and, for
launches with a planned altitude greater than 150 kilometers, the
collision avoidance requirements in Sec.  453.11 of this chapter.
0
7. Amend Sec.  415.35 by revising paragraph (d) to read as follows:

Sec.  415.35  Acceptable flight risk.

* * * * *
    (d) Operation. A launch vehicle must be operated in a manner that
ensures that flight risks meet the criteria of paragraph (a) of this
section and in accordance with collision avoidance requirements in
Sec.  453.11 and critical asset protection requirements in Sec. Sec.
450.101(a)(4) and (b)(4). An applicant must identify all launch
operations and procedures that must be performed to ensure acceptable
flight risk.
* * * * *
0
8. Revise Sec.  415.39 to read as follows:

Sec.  415.39  Demonstration of Orbital Debris Mitigation.

    An applicant must demonstrate compliance with Sec. Sec.  453.7 and
453.9 of this chapter for any proposed launch of a launch vehicle with
a stage or component that will travel to an altitude of 150 kilometers
or higher.
0
9. Revise Sec.  415.133 to read as follows:

Sec.  415.133  Orbital Debris Mitigation.

    An applicant must demonstrate compliance with Sec. Sec.  453.7 and
453.9 of this chapter for any proposed launch of a launch vehicle with
a stage or component that will travel to an altitude of 150 kilometers
or higher.
0
10. Amend Appendix B to Part 415 by revising item 13.0 to read as
follows:

Appendix B to Part 415--Safety Review Document Outline

* * * * *
13.0 Orbital Debris Mitigation (Sec.  415.133)

PART 417--LAUNCH SAFETY

0
11. The authority citation for part 417 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
12. Amend Sec.  417.113 by revising paragraph (c)(1) and (1)(iii) to
read as follows:

Sec.  417.113  Launch safety rules.

* * * * *
    (c) * * *
    (1) The flight-commit criteria must implement the flight safety
analysis of subpart C of this part, the collision avoidance
requirements in Sec.  453.11, and critical asset protection
requirements in Sec.  450.101(a)(4) and (b)(4). These must include
criteria for:
* * * * *
    (iii) Implementation of any launch wait in the launch window for
the purpose of collision avoidance in accordance with collision
avoidance requirements in Sec.  453.11.
* * * * *
0
13. Revise Sec.  417.129 to read as follows:

Sec.  417.129  Orbital Debris Mitigation.

    A launch operator must perform orbital debris mitigation as
required by Sec. Sec.  453.7 and 453.9 of this chapter.

PART 431--LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV)

0
14. The authority citation for part 431 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
15. Amend Sec.  431.2 by revising paragraph (b) to read as follows:

Sec.  431.2  Licenses issued under this part.

* * * * *
    (b) Compliance with parts 450 and 453 of this chapter. Operations
under this part must comply with the critical asset protection
requirements in Sec.  450.101(a)(4) and (b)(4) of this chapter and, for
launches or reentries with a planned altitude greater than 150
kilometers, the launch and reentry collision avoidance requirements in
Sec.  453.11 of this chapter.
0
16. Amend Sec.  431.43 by revising paragraphs (a)(1) and (c)(3) to read
as follows:

Sec.  431.43  Reusable launch vehicle mission operational requirements
and restrictions.

    (a) * * *
    (1) That ensure RLV mission risks do not exceed the criteria set
forth in Sec. Sec.  431.35, 450.101(a)(4) and (b)(4), and 453.11 for
nominal and non-nominal operations;
* * * * *
    (c) * * *
    (3) A launch operator must perform orbital debris mitigation as
required by Sec. Sec.  453.7 and 453.9 of this chapter; and
* * * * *

PART 435--REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH
VEHICLE (RLV)

0
17. The authority citation for part 435 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
18. Amend Sec.  435.2 by revising paragraph (b) to read as follows:

Sec.  435.2  Licenses.

* * * * *
    (b) Compliance with parts 450 and 453 of this chapter. Operations
under this part with a planned altitude greater than 150 kilometers
must comply with launch and reentry collision avoidance requirements in
Sec.  453.11 of this chapter and critical asset protection requirements
in Sec.  450.101(a)(4) and (b)(4) of this chapter.

PART 437--EXPERIMENTAL PERMITS

0
19. The authority citation for part 437 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
20. Revise Sec.  437.65 to read as follows:

Sec.  437.65  Collision avoidance analysis.

    For a permitted flight with a planned altitude greater than 150
kilometers, a permittee must obtain a collision avoidance analysis in
accordance with Sec.  453.11 of this chapter.

PART 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS

0
21. The authority citation for part 450 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
22. Amend Sec.  450.37 by revising paragraph (b) to read as follows:

Sec.  450.37  Equivalent level of safety.

* * * * *
    (b) Paragraph (a) of this section does not apply to Sec.
450.101(a), (b), (c)(1) and (3), (d), and (g).
0
23. Amend Sec.  450.101 by revising paragraphs (d) and (e) to read as
follows:

Sec.  450.101  Safety criteria.

* * * * *
    (d) Disposal risk criteria. For any controlled or uncontrolled
atmospheric disposal, an operator may initiate the deorbit of a vehicle
or its components only if all risks to the public satisfy the criteria
in this paragraph.
    (1) Controlled atmospheric disposal. For any controlled atmospheric
disposal performed in accordance with Sec.  453.14 or direct retrieval
resulting in controlled atmospheric disposal under Sec.  453.16(b)(1),
an operator must:
    (i) Ensure that the effective casualty area for any surviving
debris will be less than 7 square meters;
    (ii) Target a broad ocean area; or
    (iii) Meet the following risk criteria:
    (A) Collective risk. The collective risk, measured as expected
number of casualties (EC), consists of risk posed by
impacting inert and explosive debris, toxic release, and far field
blast overpressure. Public risk due to any other hazard associated with
the proposed deorbit of a launch vehicle stage or component of a launch
or reentry vehicle will be determined by the Administrator on a case-
by-case basis. The risk to all members of the public, excluding persons
in aircraft must not exceed an expected number of 1 x
10-4 casualties.
    (B) Individual risk. The individual risk, measured as probability
of casualty (PC), consists of risk posed by impacting inert
and explosive debris, toxic release, and far field blast overpressure.
Public risk due to any other hazard associated with the proposed
deorbit of a launch vehicle stage or component of a launch or reentry
vehicle will be determined by the Administrator on a case-by-case
basis. The risk to any individual member of the public must not exceed
a probability of casualty of 1 x 10-6 per
disposal.
    (C) Aircraft risk. An operator must establish any aircraft hazard
areas necessary to ensure the probability of impact with debris capable
of causing a casualty for aircraft does not exceed 1 x
10-6.
    (2) Uncontrolled atmospheric disposal. For any uncontrolled
atmospheric disposal performed in accordance with Sec.  453.17, an
operator must either:
    (i) Ensure that the effective casualty area for any surviving
debris will be less than 7 square meters; or
    (ii) Meet the collective risk criterion of paragraph (1)(iii)(A) of
this subsection.
    (e) Protection of people and property on orbit.
    (1) A launch or reentry operator must prevent the collision between
a launch or reentry vehicle stage or component with a planned altitude
greater than 150 kilometers and people, property, and debris on orbit,
in accordance with the requirements in Sec.  453.11.
    (2) For any launch or reentry vehicle stage or component with a
planned altitude greater than 150 kilometers, a launch operator must
perform orbital debris mitigation in accordance with the requirements
in Sec. Sec.  453.7 and 453.9.
* * * * *
0
24. Amend Sec.  450.113 by revising paragraph (a) and (a)(3) and adding
paragraph (c) to read as follows:

Sec.  450.113  Flight safety analysis requirements--scope.

    (a) An operator must perform and document a flight safety analysis
for all phases of flight, except as specified in paragraphs (b) and (c)
of this section, as follows--
* * * * *
    (1) * * *
    (3) For controlled atmospheric disposal performed in accordance
with Sec.  453.14 or direct retrieval resulting in controlled
atmospheric disposal under Sec.  453.16(b)(1), from the initiation of
the deorbit through final impact; and
* * * * *
    (c) An operator is not required to perform and document a flight
safety analysis for a controlled atmospheric disposal if agreed to by
the Administrator that the disposal will target a broad ocean area or
the effective casualty area for any surviving debris will be less than
7 square meters.
0
25. Amend Sec.  450.165 by revising paragraph (a)(3) to read as
follows:

Sec.  450.165  Flight commit criteria.

* * * * *
    (a) * * *
    (3) Implementation of any launch or reentry window closure in the
launch or reentry window for the purpose of collision avoidance in
accordance with Sec.  453.11;
* * * * *
0
26. Revise Sec.  450.169 to read as follows:

Sec.  450.169  Launch and reentry collision avoidance analysis
requirements.

    A launch or reentry operator must perform collision avoidance
analysis as required by Sec.  453.11.
0
27. Revise Sec.  450.171 to read as follows:

Sec.  450.171  Orbital Debris Mitigation.

    A launch operator must perform orbital debris mitigation as
required by Sec. Sec.  453.7 and 453.9 of this chapter.
0
28. Amend Sec.  450.213 to revise paragraph (e) to read as follows:

Sec.  450.213  Pre-flight reporting.

* * * * *
    (e) Collision avoidance analysis. A licensee must submit collision
avoidance information to a Federal entity identified by the FAA and to
the FAA in accordance with Sec.  453.11(f).
* * * * *

Appendix A to Part 450--Collision Analysis Worksheet [REMOVED]

0
29. Remove Appendix A to Part 450--Collision Analysis Worksheet.
0
30. Add part 453 to read as follows:

PART 453--ORBITAL SAFETY REQUIREMENTS

Sec.
453.1 Applicability
453.3 [Reserved]
453.5 Control of Debris Released During Normal Operations
453.7 Minimizing Debris Generated by Explosions
453.9 Collision Mitigation between Launched Objects
453.11 Collision Avoidance with Orbital Objects
453.13 Post-Mission Disposal
453.14 Controlled Atmospheric Disposal
453.15 Heliocentric, Earth-escape Disposal
453.16 Direct Retrieval
453.17 Uncontrolled Atmospheric Disposal
453.18 Maneuver to a disposal orbit
453.20 Real-Time Reporting of Orbital Safety Hazards

    Authority:  51 U.S.C. 50901-50923.

Sec.  453.1  Applicability

    (a) This part establishes the requirements of a launch or reentry
operator (operator) for orbital debris mitigation, including collision

avoidance analysis, prior to launch or reentry operations licensed or
permitted under this chapter with a planned altitude greater than 150
kilometers.
    (b) For each licensed or permitted launch or reentry with a planned
altitude greater than 150 kilometers, an operator must submit--
    (1) An Orbital Debris Assessment Plan containing the information
required by this part not less than 60 days before the licensed or
permitted launch or reentry, unless the Administrator agrees to a
different time frame in accordance with Sec.  404.15; and
    (2) A Collision Avoidance Analysis Worksheet in accordance with
Sec.  453.11(f).
    (c) An operator must send the information required by this part as
an email attachment to [email protected], or other method as agreed
to by the Administrator in the license or permit.

Sec.  453.3  [Reserved]

Sec.  453.5  Control of Debris Released During Normal Operations.

    An operator must ensure for any proposed launch that for all
vehicle stages and components related to launch that reach an altitude
greater than 150 kilometers--
    (a) The component will not release orbital debris into LEO that
will remain in orbit for more than 25 years. For all planned released
orbital debris, the total debris object-time product in LEO shall not
exceed 100 object-years per licensed or permitted launch. The total
object-time product in LEO is the sum of the orbit dwell time in LEO
for all planned released debris objects, excluding the upper stage and
any released payloads.
    (b) Any orbital debris released into the geosynchronous region must
enter an orbit with an apogee that will not remain in the
geosynchronous region within 25 years of the release.
    (c) Information Requirements. An operator must submit the following
information in an Orbital Debris Assessment Plan--
    (1) A demonstration through environmental qualification and
acceptance testing that the system is designed to limit the release of
orbital debris; and
    (2) A statistical analysis, including inputs and assumptions,
demonstrating that any orbital debris released will be disposed of
within 25 years and satisfy the 100 object-year requirement.

Sec.  453.7  Minimizing Debris Generated by Explosions.

    (a) An operator must ensure for any proposed launch that for all
vehicle stages or other component that reaches an altitude greater than
150 kilometers, except for energy sources that are safety critical on-
orbit or during reentry:
    (1) The integrated probability of debris-generating explosions or
other fragmentation from the conversion of energy sources (i.e.,
chemical, pressure, kinetic) of each upper stage is less than 0.001 (1
in 1,000) during operations; and
    (2) Stored energy is removed by depleting residual propellants,
venting any pressurized system, leaving all batteries in a permanent
discharge state, and removing any remaining source of stored energy.
    (b) Information Requirements. An operator must submit the following
information in an Orbital Debris Assessment Plan--
    (1) Analysis, using commonly accepted engineering and probability
assessment methods, showing how the operation meets paragraph (a)(1) of
this section.
    (2) Test results or analysis, with 95 percent confidence levels, of
the planned end-of-mission passivation procedure that verifies
dissipation of all energy sources to levels that will prevent explosion
of any launch vehicle component, to show that:
    (i) All residual propellants contained in the system can be purged
or passivated at the end of launch;
    (ii) All pressurized systems can be purged or passivated; and
    (iii) All energy storage systems (e.g., batteries or fuel cells)
have sufficient structural design to prevent rupture and subsequent
explosion.

Sec.  453.9  Collision Mitigation between Launched Objects.

    (a) Payload Separation. A launch operator must prevent unplanned
physical contact between a launch vehicle or any of its components and
each payload after payload separation;
    (b) Collision after the End of Launch. In developing the design and
mission profile for an upper stage, the launch operator shall limit the
probability of collision with objects 10 cm and larger after the end of
launch to less than 0.001 (1 in 1,000);
    (c) Information required. A launch operator must submit the
following information in an Orbital Debris Assessment Plan--
    (1) Procedure for preventing vehicle and payload collision after
payload separation, including any propellant depletion burns and
compressed gas releases that minimize the probability of subsequent
collisions; and
    (2) The results of a probability of collision analysis between the
upper stage and its components and orbital objects, using commonly
accepted engineering and probability assessment methods, meeting
paragraph (b) of this section.

Sec.  453.11  Collision Avoidance with Orbital Objects.

    (a) Criteria. For an orbital or suborbital launch or reentry, an
operator must establish window closures needed to ensure that the
launch or reentry vehicle, any jettisoned components, or payloads meet
the following requirements with respect to orbiting objects, not
including any object being launched or reentered.
    (1) For inhabitable objects, one of the following three criteria
must be met:
    (i) The probability of collision between the launching or
reentering objects and any inhabitable object must not exceed 1 x
10-6;
    (ii) The launching or reentering objects must maintain an
ellipsoidal separation distance of 200 kilometers in-track and 50
kilometers cross-track and radially from the inhabitable object; or
    (iii) The launching or reentering objects must maintain a spherical
separation distance of 200 kilometers from the inhabitable object.
    (2) For active payloads, one of the following criteria must be met:
    (i) The probability of collision between the launching or
reentering objects and the active payload must not exceed 1 x
10-5;
    (ii) The launching or reentering objects must maintain an
ellipsoidal separation distance of 25 kilometers in-track and 7
kilometers cross-track and radially from the active payload; or
    (iii) The launching or reentering objects must maintain a spherical
separation distance of 25 kilometers from the active payload.
    (3) For all other known orbital debris identified by the FAA or
other Federal Government entity with a radar cross section greater than
0.04 m\2\:
    (i) The probability of collision between the launching or
reentering objects and any known orbital debris must not exceed 1 x
10-5; or
    (ii) The launching or reentering objects must maintain a spherical
separation distance of 2.5 kilometers.
    (b) Screening time. An operator must ensure the requirements of
paragraph (a) of this section are met as follows:
    (1) Through the entire segment of flight of a suborbital launch
vehicle above 150 kilometers altitude;
    (2) For an orbital launch, during ascent from a minimum of 150
kilometers altitude to initial orbital insertion and for a minimum of 3
hours from liftoff;

    (3) For reentry, during descent from initial reentry burn to 150
kilometers altitude;
    (4) For controlled atmospheric disposal, during descent from
initial disposal burn to 150 kilometers altitude; and
    (5) For maneuver to a disposal orbit, during initial disposal
operation until removal from LEO or GEO.
    (c) Rendezvous. Planned rendezvous operations that occur within the
screening time frame are not considered a violation of collision
avoidance if the involved operators have pre-coordinated the rendezvous
or close approach.
    (d) Analysis. An operator must obtain a collision avoidance
analysis for each launch or reentry from a Federal entity identified by
the FAA, or another entity agreed to by the Administrator.
    (1) An operator must use the results of the collision avoidance
analysis to establish flight commit criteria for collision avoidance;
and
    (2) The collision avoidance analysis must account for uncertainties
including launch or reentry vehicle performance and timing, atmospheric
changes, variations in drag, and any other factors that affect position
and timing of the launch or reentry vehicle.
    (e) Timing and information required. An operator must prepare a
Collision Avoidance Analysis Worksheet for each launch or reentry using
a standardized format that contains the input data required by Sec.
453.11(f), as follows:
    (1) Except as specified in paragraphs (e)(1)(i) and (ii) of this
section, an operator must file the input data with an entity identified
in paragraph (d) of this section and the FAA at least 7 days before the
first attempt at the flight of a launch vehicle or the reentry of a
reentry vehicle.
    (i) Operators that have never received a launch or reentry
conjunction assessment from the entity identified in paragraph (d) of
this section must file the input data at least 15 days in advance.
    (ii) The Administrator may agree to an alternative time frame in
accordance with Sec.  404.15.
    (2) An operator must obtain a collision avoidance analysis
performed by an entity identified in paragraph (d) of this section no
later than 3 hours before the beginning of a launch or reentry window;
and
    (3) If an operator needs an updated collision avoidance analysis
due to a launch or reentry delay, the operator must file the request
with the entity identified in paragraph (d) of this section and the FAA
at least 12 hours prior to the beginning of the new launch or reentry
window.
    (f) Collision Avoidance Analysis Worksheet. The Collision Avoidance
Analysis Worksheet must include--
    (1) Launch or reentry information. An operator must file the
following information:
    (i) Mission name. A mnemonic given to the launch or reentry
vehicle/payload combination identifying the launch or reentry mission
distinctly from all others;
    (ii) Launch or reentry location. Launch or reentry site location in
latitude and longitude;
    (iii) Launch or reentry window. The launch or reentry window
opening and closing times in Greenwich Mean Time (referred to as ZULU
time) and the Julian dates for each scheduled launch or reentry
attempts including primary and secondary launch or reentry dates;
    (iv) Epoch. The epoch time, in Greenwich Mean Time (GMT), of the
expected launch vehicle liftoff time or, for reentry, the times of
reentry events such as the beginning of descent, atmospheric reentry
below 150 kilometers, and touchdown;
    (v) Orbiting objects to evaluate. An operator must identify all
orbiting object descriptions including object name, dimensions (e.g.,
length, width, height, and diameter), and mass. These orbiting objects
include each free-flying launch vehicle stage, payload, or component
achieving orbit;
    (vi) Orbital Parameters. An operator must identify the orbital
parameters for each free-flying launch vehicle stage, payload, or
component achieving orbit including the parameters for each object
after thrust ends;
    (vii) Time of powered flight and sequence of events. The elapsed
time in hours, minutes, and seconds, from liftoff to passivation or
disposal. The input data must include the time of powered flight for
each stage or jettisoned component measured from liftoff; and
    (viii) Point of contact. The person or office within an operator's
organization that collects, analyzes, and distributes collision
avoidance analysis results.
    (2) Collision avoidance analysis results transmission medium. An
operator must identify the transmission medium, such as voice or email,
for receiving results.
    (3) Deliverable schedule/need dates. An operator must identify the
times before flight, referred to as ``L-times,'' for which the operator
requests a collision avoidance analysis. The final collision avoidance
analysis must be used to establish flight commit criteria for a launch.
    (4) Trajectory files. Individual position and velocity trajectory
files, including:
    (i) The position coordinates in the Earth-Fixed Greenwich (EFG)
coordinates system measured in kilometers and the EFG velocity
components measured in kilometers per second, of each launch vehicle
stage or payload starting below 150 kilometers through screening time
frame;
    (ii) Radar cross section values for each individual file;
    (iii) Position Covariance, if probability of impact analysis option
is desired; and
    (iv) Separate trajectory files identified by valid window time
frames, if launch or reentry trajectory changes during launch or
reentry window.
    (5) Screening. An operator must select spherical, ellipsoidal, or
collision probability screening as defined in this paragraph for
determining any conjunction:
    (i) Spherical screening. Spherical screening centers a sphere on
each orbiting object's center-of-mass to determine any conjunction;
    (ii) Ellipsoidal screening. Ellipsoidal screening utilizes an
impact exclusion ellipsoid of revolution centered on the orbiting
object's center-of-mass to determine any conjunction. An operator must
provide input in the UVW coordinate system in kilometers. The operator
must provide delta-U measured in the radial-track direction, delta-V
measured in the in-track direction, and delta-W measured in the cross-
track direction; or
    (iii) Probability of Collision. Collision probability is calculated
using position and velocity information with covariance in position.

Sec.  453.13  Post-Mission Disposal.

    (a) General. An operator must dispose of all vehicle stages or
jettisoned components in accordance with one of the disposal methods
identified in Sec. Sec.  453.14 through 453.18.
    (b) Information requirements. An operator must submit a description
of the chosen disposal option in an Orbital Debris Assessment Plan.

Sec.  453.14  Controlled Atmospheric Disposal.

    (a) Applicability. This section applies to the use of controlled
atmospheric disposal of vehicle stages or components by reentering the
atmosphere to meet the post-mission disposal requirement of Sec.
453.13.
    (b) Disposal safety criteria. A launch or reentry operator must
ensure the upper stage and each of its components, or any components of
a reentry vehicle excluding the reentry vehicle itself, reenters the
Earth's atmosphere within 30 days after mission completion in a
controlled manner that:

    (1) Ensures that the effective casualty area for any surviving
debris will be less than 7 square meters;
    (2) Targets a broad ocean area; or
    (3) Meets the risk criteria of Sec.  450.101(d)(1)(iii)(A) through
(C).
    (c) Notification of planned impacts. For any controlled atmospheric
disposal, an operator must notify the public of any region of land,
sea, or air that contains, with 97 percent probability of containment,
all debris resulting from normal flight events capable of causing a
casualty.
    (d) Information requirements. An operator must submit a description
of the controlled atmospheric disposal in an Orbital Debris Assessment
Plan including--
    (1) Verification through hardware and software testing or analysis
that the system has at least a 90 percent probability of successfully
executing the controlled atmospheric disposal as planned;
    (2) A description of how the system will achieve a controlled
atmospheric disposal under nominal and off-nominal conditions; and
    (3) If not targeting a broad ocean area, the calculated total
collective and individual casualty expectations for the proposed
operation or the effective casualty area of any surviving debris.

Sec.  453.15  Heliocentric, Earth-escape Disposal.

    (a) Applicability. This section applies to the use of heliocentric,
Earth-escape disposal to meet the post-mission disposal requirement of
Sec.  453.13.
    (b) General. A launch operator must ensure, within 30 days after
mission completion, that the upper stage and each of its components
enters a hyperbolic trajectory which no longer orbits Earth;
    (c) Information requirements. A launch operator must submit a
description of the planned heliocentric, Earth-escape disposal in an
Orbital Debris Assessment Plan including:
    (1) Verification through hardware and software testing or analysis
that the system has at least a 90 percent probability of successfully
executing the planned heliocentric, Earth-escape disposal; and
    (2) A description of how the system will achieve a controlled
disposal under nominal and off-nominal conditions.

Sec.  453.16  Direct Retrieval.

    (a) Applicability. This section applies to the use of direct
retrieval to meet the post-mission disposal requirement of Sec.
453.13.
    (b) General. No more than 5 years after completion of the mission,
an operator must ensure the removal of the upper stage and each of its
components from orbit by either--
    (1) Performing a controlled atmospheric disposal that meets the
disposal safety requirements of Sec.  453.14(b) and (c); or
    (2) Maneuvering the debris into a disposal orbit in accordance with
Sec.  453.18.
    (c) Information requirements. An operator must submit a description
of the planned direct retrieval in an Orbital Debris Assessment Plan
including--
    (1) Verification through hardware and software testing or analysis
that the system has at least a 90 percent probability of successfully
executing the planned direct retrieval; and
    (2) If performing a controlled atmospheric disposal--
    (i) A description of how the system will achieve a disposal under
nominal and off-nominal conditions; and
    (ii) If not disposing into a broad ocean area, the calculated total
collective and individual casualty expectations for the proposed
operation or the effective casualty area of any surviving debris; or
    (3) If maneuvering to a disposal orbit--
    (i) A description of how the system will achieve and maintain the
planned disposal orbit for the required time limit as specified in
Sec.  453.18(b) through (d); and
    (ii) A statistical analysis demonstrating that the probability of
collision with operational spacecraft and debris is within the lifetime
limit of Sec.  453.18(e).

Sec.  453.17  Uncontrolled Atmospheric Disposal.

    (a) Applicability. This section applies to the use of uncontrolled
atmospheric disposal to meet the post-mission disposal requirement of
Sec.  453.13.
    (b) LEO Disposal. For orbits below 2,000 kilometers:
    (1) A launch or reentry operator must leave an upper stage and its
components in an orbit where, accounting for mean projections for solar
activity and atmospheric drag, the orbital lifetime should be as short
as practicable but does not exceed 25 years after launch, and
    (2) For all launches and reentries after [ONE YEAR AFTER THE
REGULATION EFFECTIVE DATE], an operator must ensure that the effective
casualty area for any surviving debris will be less than 7 square
meters, or the expected average number of casualties will be less than
1 x 10-4.
    (c) Highly elliptical long-term disposal. For highly elliptical MEO
(including semi-synchronous Molniya) and highly elliptical GEO orbits
(including synchronous Tundra orbits), and other orbits subject to
significant eccentricity growth, the operator must maneuver the upper
stage to a long-term disposal orbit where orbital resonances will
increase the eccentricity for its long[hyphen]term disposal. In
developing this disposal plan, the operator must:
    (1) Limit the orbital lifetime to be as short as practicable, but
no more than 200 years after mission completion;
    (2) Limit the probability of collisions with operational spacecraft
and debris 10 cm and larger to less than 0.001 during orbital lifetime;
and
    (3) For launches after [ONE YEAR AFTER THE REGULATION EFFECTIVE
DATE], a launch operator must ensure that the effective casualty area
for any surviving debris will be less than 7 square meters, or the
expected average number of casualties will be less than 1 x
10-4.
    (d) Information requirements. A launch or reentry operator must
submit the following information in an Orbital Debris Assessment Plan--
    (1) Verification through hardware and software testing or analysis
that the system has at least a 90 percent probability of successfully
executing the planned disposal option;
    (2) An estimate of the expected casualties or the effective
casualty area for any surviving debris; and
    (3) A statistical analysis demonstrating compliance with the
requirements of Sec.  453.17(b) or (c) to dispose of the debris within
the prescribed time limit.

Sec.  453.18  Maneuver to a disposal orbit.

    (a) Applicability. This section applies to the use of a disposal
orbit to meet the post-mission disposal requirement of Sec.  453.13.
    (b) General. Within 30 days after mission completion, a launch or
reentry operator must place the upper stage and its components either--
    (1) Between LEO and GEO in accordance with paragraph (c) of this
section; or
    (2) Above GEO in accordance with paragraph (d) of this section.
    (c) Maneuver to disposal orbit between LEO and GEO. The operator
must place the upper stage and its components into either--
    (1) An eccentric disposal orbit where--
    (i) Perigee altitude remains above 2,000 kilometers for at least
100 years;
    (ii) Apogee altitude remains below the geosynchronous region for at
least 100 years; and
    (iii) The time spent by the upper stage between 20,182 +/- 300
kilometers is

limited to 25 years or less over 200 years; or
    (2) A near-circular disposal orbit that avoids for at least 100
years:
    (i) Altitudes 20,182 +/- 300 kilometers;
    (ii) The geosynchronous region; and
    (iii) Altitudes less than 2,000 kilometers.
    (d) Maneuver to disposal orbit above GEO. The operator must place
the upper stage and its components into an orbit with a perigee
altitude above 36,100 kilometers for a period of at least 100 years
after disposal.
    (e) Probability of Collision. The operator must limit the
probability of collisions with operational spacecraft and debris 10 cm
and larger to less than 0.001 for 100 years after disposal.
    (f) Information requirements. A launch or reentry operator must
submit the following information in an Orbital Debris Assessment Plan--
    (1) Verification through hardware and software testing or analysis
that the system has at least a 90 percent probability of successfully
executing the planned disposal option;
    (2) A description of how the system will achieve and maintain the
planned disposal orbit for the required time limit; and
    (3) Statistical analysis demonstrating compliance with the
probability of collision lifetime limit with operational spacecraft and
debris.

Sec.  453.20  Real-Time Reporting of Orbital Safety Hazards.

    (a) At the detection of any launch or reentry activity outside the
3-sigma trajectory provided for collision avoidance or any debris-
creating event, or if requested by a cognizant Federal agency, an
operator must immediately provide information to the FAA and, if
appropriate, to the requesting agency pertinent to locating and
categorizing any orbital objects.
    (b) The operator shall provide the following information to the FAA
and, if applicable, the requesting Federal agency:
    (1) The size and mass of the affected objects,
    (2) The last known orbital or trajectory information, and
    (3) Other details as determined by the FAA necessary to locate and
categorize orbital objects.

    Issued under authority provided by 49 U.S.C. 106(f) and 51
U.S.C. 50903, 50905 in Washington, DC.
Kelvin B. Coleman,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2023-20531 Filed 9-25-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18782-18783]
[FR Doc No: 2022-06794]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-1440-000]

EdSan 1B Group 1 Sanborn, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
EdSan 1B Group 1 Sanborn, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.

    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 14, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 25, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-06794 Filed 3-30-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56887]
[DOCID:fr30se08-110]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Tenth Meeting, Special Committee 215 Aeronautical Mobile
Satellite (Route) Services Next Generation Satellite Services and
Equipment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 215, Aeronautical Mobile
Satellite (Route) Services, Next Generation Satellite Services and
Equipment.

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SUMMARY: The FAA is issuing this notice to advise the public of a
second meeting of RTCA Special Committee 215, Aeronautical Mobile
Satellite (Route) Services, Next Generation Satellite Services and
Equipment.

DATES: The meeting will be held October 23, 2008 9 a.m. to 12 noon.

ADDRESSES: Trump International Beach Resort, 18001 Collins Ave., Sunny
Isles Beach, FL 33160, Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, http://
www.trumpmiami.com.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org for directions. For additional
details contact: Kelly O'Keefe, Tel: + 1<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
    Note: Dress is Business Casual.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 215 meeting. The agenda will
include:

October 23

Opening Plenary Session

     Greetings, Introductions, Administrative Remarks
     Review and Approval of Agenda for Tenth Plenary
     Review of October 2008 PMC Meeting
     Review of Revised Terms of Reference
     Review and Approval of Ninth Meeting Summary (RTCA Paper
No. 211-08/SC215-031)

DO-262 Normative Appendix

     Status Update of Final Draft Approval
     Revision of TSO C-159 (FAA)

DO-270 Normative Appendix

     Report from Drafting Group
     Subnetwork Operational Approval Process

Closing Plenary

     Any Other Business
     Review of Next Plenary Meeting Dates
     Adjourn--October 23, 2008--12 noon
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on September 24, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E8-22983 Filed 9-29-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 46019-46020]
[FR Doc No: 2015-18968]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1997-D-0187]

Dissolution Testing and Specification Criteria for Immediate-
Release Solid Oral Dosage Forms Containing Biopharmaceutics
Classification System Class 1 and 3 Drugs; Draft Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled
``Dissolution Testing and Specification Criteria for Immediate-Release
Solid Oral Dosage Forms Containing Biopharmaceutics Classification
System Class 1 and 3 Drugs.'' This draft guidance has been developed to
provide manufacturers with recommendations for submission of new drug
applications (NDAs), investigational new drug applications (INDs), and/
or abbreviated new drug applications (ANDAs), as appropriate, for
immediate-release (IR) tablets and capsules that contain highly soluble
drug substances. The draft guidance is intended to define when a
standard release test and criteria may be used in lieu of extensive
method development and specification-setting exercises. When final,
this guidance will supersede the guidance for industry on ``Dissolution
Testing of Immediate Release Solid Oral Dosage Forms'' (August 1997)
for biopharmaceutics classification system (BCS) class 1 and 3 drug
substances that meet the criteria in this draft guidance. For class 2
and 4 drug substances, applicants should still refer to the August 1997
guidance mentioned previously.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by October 2, 2015.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10001 New
Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD
20993-0002. Send one self-addressed adhesive label to assist that
office in processing your requests. See the SUPPLEMENTARY INFORMATION
section for electronic access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Richard Lostritto, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Avenue, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Dissolution Testing and Specification Criteria for
Immediate-Release Solid Oral Dosage Forms Containing Biopharmaceutics
Classification System Class 1 and 3 Drugs.'' Drug absorption from a
solid dosage form after oral administration depends on the release of
the drug substance from the drug product, the dissolution or
solubilization of the drug under physiological conditions, and the
permeation across the gastrointestinal membrane. NDAs and ANDAs
submitted to FDA contain bioavailability (BA) or bioequivalence (BE)
data and in vitro dissolution data that, together with chemistry,
manufacturing, and controls (CMC) data, characterize the quality and
performance of the drug product. In vitro dissolution data are
generally obtained from batches that have been used in pivotal clinical
and/or bioavailability studies and from other human studies conducted
during product development. Knowledge about the solubility,
permeability, dissolution, and pharmacokinetics of a drug product is
considered when defining dissolution test specifications for the drug
approval process.
    The BCS is a scientific framework for classifying drug substances
based on their aqueous solubility and intestinal permeability. The
definitions of high and low solubility and high and low permeability
are used as described in FDA's Biopharmaceutics Classification System
(BCS) Guidance. The different classifications are:

Class 1: High Solubility--High Permeability Drugs
Class 2: Low Solubility--High Permeability Drugs
Class 3: High Solubility--Low Permeability Drugs
Class 4: Low Solubility--Low Permeability Drugs

    This classification can be used as a basis for determining when in
vivo bioavailability and bioequivalence studies are needed and can be
used to determine when a successful in vivo-in vitro correlation
(IVIVC) is likely. The BCS suggests that, for certain high solubility
drugs, dissolution testing can be standardized or may not be needed.
Owing to their high solubility, BCS class 1 and 3 drugs are considered
to be relatively low risk regarding the impact of dissolution on
performance, provided the in vitro performance meets or exceeds the
recommendations discussed in the guidance.

    This draft guidance establishes standard dissolution methodology
and specifications that are appropriate for BCS class 1 and class 3
drugs. The availability of these standards will facilitate the rapid
development of dissolution methodology and related specifications for
these classes during drug development and application review.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on Dissolution
Testing and Specification Criteria for Immediate-Release Solid Oral
Dosage Forms Containing Biopharmaceutics Classification System Class 1
and 3 Drugs. It does not create or confer any rights for or on any
person and does not operate to bind FDA or the public. An alternative
approach may be used if such approach satisfies the requirements of the
applicable statutes and regulations.

II. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

III. The Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR parts 312 and 314 have
been approved under OMB control numbers 0910-0014 and 0910-0001,
respectively.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: July 29, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-18968 Filed 7-31-15; 8:45 am]
BILLING CODE 4164-01-P