applying for a safety element approval concurrently with a license
must--
    (1) Meet the applicable requirements of part 450;
    (2) Provide the information required in Sec.  414.13(b)(3) and
(c)(2) and (3); and
    (3) Specify the sections of the license application that support
the application for a safety element approval.
    (b) The scope of the safety element approval will be limited to
what the application supports. The technical criteria for reviewing a
safety element submitted as part of a vehicle operator license
application are limited to the applicable requirements of part 450.

Sec.  414.17  Confidentiality.

    (a) To ensure confidentiality of data or information in the
application, the applicant must--
    (1) Send a written request with the application that trade secrets
or proprietary commercial or financial data be treated as confidential,
and include in the request the specific time frame confidential
treatment is required.
    (2) Mark data or information that require confidentiality with an
identifying legend, such as ``Proprietary Information,'' ``Proprietary
Commercial Information,'' ``Trade Secret,'' or ``Confidential Treatment
Requested.'' Where this marking proves impracticable, attach a cover
sheet that contains the identifying legend to the data or information
for which confidential treatment is sought.
    (b) If the applicant requests confidential treatment for previously
submitted data or information, the FAA will honor that request to the
extent practicable in case of any prior distribution of the data or
information.
    (c) Data or information for which confidential treatment is
requested or data or information that qualifies for exemption under
section 552(b)(4) of title 5, U.S.C., will not be disclosed to the
public unless the Associate Administrator determines that withholding
the data or information is contrary to the public or national interest.

Sec.  414.19  Processing the initial application.

    (a) The FAA will initially screen an application to determine if
the application is complete enough for the FAA to start the review.
    (b) After completing the initial screening, the FAA will inform the
applicant in writing of one of the following:
    (1) The FAA accepts the application and will begin the reviews or
evaluations required for a safety element approval determination under
this part.
    (2) The FAA rejects the application because it is incomplete or
indefinite, making initiation of the reviews or evaluations required
for a safety element approval determination under this part
inappropriate.
    (c) The written notice will state the reason(s) for rejection and
corrective actions necessary for the application to be accepted. The
FAA may return a rejected application to the applicant or may hold it
until the applicant provides more information.
    (d) The applicant may withdraw, amend, or supplement an application
any time before the FAA makes a final determination on the safety
element approval application by making a written request to the
Associate Administrator. If the applicant amends or supplements the
initial application, the revised application must meet all the
applicable requirements under this part.

Sec.  414.21  Maintaining the continued accuracy of the initial
application.

    The applicant is responsible for the continuing accuracy and
completeness of information provided to the FAA as part of the safety
element approval application. If at any time after submitting the
application, circumstances occur that cause the information to no
longer be accurate and complete in any material respect, the applicant
must submit a written statement to the Associate Administrator
explaining the circumstances and providing the new or corrected
information. The revised application must meet all requirements under
Sec.  414.13 or Sec.  414.15.

Subpart C--Safety Element Approval Review and Issuance

Sec.  414.23  Technical criteria for reviewing a safety element
approval application.

    The FAA will determine whether a safety element is eligible for and
may be issued a safety element approval. The FAA will base its
determination on performance-based criteria, against which it may
assess the effect on public health and safety and on safety of
property, in the following hierarchy:
    (a) FAA or other appropriate Federal regulations.
    (b) Government-developed or adopted standards.
    (c) Industry consensus performance-based criteria or standard.
    (d) Applicant-developed criteria. Applicant-developed criteria are
performance standards customized by the manufacturer that intends to
produce the system, system component, or part. The applicant-developed
criteria must define--
    (1) Design and minimum performance;
    (2) Quality assurance system requirements;
    (3) Production acceptance test specifications; and
    (4) Continued operational safety monitoring system characteristics.

Sec.  414.25  Terms and conditions for issuing a safety element
approval; duration of a safety element approval.

    (a) The FAA will issue a safety element approval to an applicant
that meets all the requirements under this part.
    (b) The scope of the safety element approval will be limited by the
scope of the safety demonstration contained in the application on which
the FAA based the decision to grant the safety element approval.
    (c) The FAA will determine specific terms and conditions of a
safety element approval individually, limiting the safety element
approval to the scope for which it was approved. The terms and
conditions will include reporting requirements tailored to the
individual safety element approval.
    (d) A safety element approval is valid for five years and may be
renewed.

Sec.  414.27  Maintaining the continued accuracy of the safety element
approval application.

    (a) The holder of a safety element approval must ensure the
continued accuracy and completeness of representations contained in the
safety element approval application, on which the approval was issued,
for the entire term of the safety element approval.
    (b) If any representation contained in the application that is
material to public health and safety or safety of property ceases to be
accurate and complete, the safety element approval holder must prepare
and submit a revised application according to Sec.  414.13 or Sec.
414.15 under this part. The safety element approval holder must point
out any part of the safety element approval or the associated
application that would be changed or affected by a proposed
modification. The FAA will review and make a determination on the
revised application under the terms of this part.

Sec.  414.29  Safety element approval records.

    The holder of a safety element approval must maintain all records
necessary to verify that the holder's activities are consistent with
the representations contained in the application for which the approval
was issued for the duration of the safety element approval plus one
year.

Sec.  414.31  Safety element approval renewal.

    (a) Eligibility. A holder of a safety element approval may apply to
renew it by sending the FAA a written application at least 90 days
before the expiration date of the approval, unless the Administrator
agrees to a different time frame in accordance with Sec.  404.15.
    (b) Application. (1) A safety element approval renewal application
must meet all the requirements under Sec.  414.13 or Sec.  414.15.
    (2) The application may incorporate by reference information
provided as part of the application for the expiring safety element
approval or any modification to that approval.
    (3) Any proposed changes in the conduct of a safety element for
which the FAA has issued a safety element approval must be described
and must include any added information necessary to support the fitness
of the proposed changes to meet the criteria upon which the FAA
evaluated the safety element approval application.
    (c) Review of application. The FAA conducts the reviews required
under this part to determine whether the safety element approval may be
renewed. We may incorporate by reference any findings that are part of
the record for the expiring safety element approval.
    (d) Grant of safety element approval renewal. If the FAA makes a
favorable safety element approval determination, the FAA issues an
order that amends the expiration date of the safety element approval or
issues a new safety element approval. The FAA may impose added or
revised terms and conditions necessary to protect public health and
safety and the safety of property.
    (e) Written notice. The FAA will provide written notice to the
applicant of its determination on the safety element approval renewal
request.
    (f) Denial of a safety element approval renewal. If the FAA denies
the renewal application, the applicant may correct any deficiency the
FAA identified and request a reconsideration of the revised
application. The applicant also has the right to appeal a denial as set
forth in subpart D of this part.

Sec.  414.33  Safety element approval transfer.

    (a) Only the FAA may approve a transfer of a safety element
approval.
    (b) Either the holder of a safety element approval or the
prospective transferee may request a safety element approval transfer.
    (c) Both the holder and prospective transferee must agree to the
transfer.
    (d) The person requesting the transfer must submit a safety element
approval application according to Sec.  414.13 or Sec.  414.15, must
meet the applicable requirements of this part, and may incorporate by
reference relevant portions of the initial application.
    (e) The FAA will approve a transfer of a safety element approval
only after all the approvals and determinations required under this
chapter for a safety element approval have been met. In conducting
reviews and issuing approvals and determinations, the FAA may
incorporate by reference any findings made part of the record to
support the initial safety element approval determination. The FAA may
modify the terms and conditions of a safety element approval to reflect
any changes necessary because of a safety element approval transfer.
    (f) The FAA will provide written notice to the person requesting
the safety element approval transfer of our determination.

Sec.  414.35  Monitoring compliance with the terms and conditions of a
safety element approval.

    Each holder of a safety element approval must allow access by, and
cooperate with, Federal officers or employees or other individuals
authorized by the Associate Administrator to inspect manufacturing,
production, testing, or assembly performed by a holder of a safety
element approval or its contractor. The FAA may also inspect a safety
element approval process or service, including training programs and
personnel qualifications.

Sec.  414.37  Modification, suspension, or revocation of a safety
element approval.

    (a) The safety element approval holder. The safety element approval
holder may submit an application to the FAA to modify the terms and
conditions of the holder's safety element approval. The application
must meet all the applicable requirements under this part. The FAA will
review and make a determination on the application using the same
procedures under this part applicable to an initial safety element
approval application. If the FAA denies the request to modify a safety
element approval, the holder may correct any deficiency the FAA
identified and request reconsideration. The holder also has the right
to appeal a denial as set forth in subpart D of this part.
    (b) The FAA. If the FAA finds it is in the interest of public
health and safety, safety of property, or if the safety element
approval holder fails to comply with any applicable requirements of
this part, any terms and conditions of the safety element approval, or
any other applicable requirement, the FAA may--
    (1) Modify the terms and conditions of the safety element approval;
or
    (2) Suspend or revoke the safety element approval.
    (c) Effective date. Unless otherwise stated by the FAA, any
modification, suspension, or revocation of a safety element approval
under paragraph (b)--
    (1) Takes effect immediately; and
    (2) Continues in effect during any reconsideration or appeal of
such action under this part.
    (d) Notification and right to appeal. If the FAA determines it is
necessary to modify, suspend, or revoke a safety element approval, we
will notify the safety element approval holder in writing. If the
holder disagrees with the FAA's determination, the holder may correct
any deficiency the FAA identified and request a reconsideration of the
determination. The applicant also has the right to appeal the
determination as set forth in subpart D of this part.

Subpart D--Appeal Procedures

Sec.  414.41  Hearings in safety element approval actions.

    (a) The FAA will give the safety element approval applicant or
holder, as appropriate, written notice stating the reason for issuing a
denial or for

modifying, suspending, or revoking a safety element approval under this
part.
    (b) A safety element approval applicant or holder is entitled to a
determination on the record after an opportunity for a hearing.

Sec.  414.43  Submissions; oral presentations in safety element
approval actions.

    (a) Determinations in safety element approval actions under this
part will be made on the basis of written submissions unless the
administrative law judge, on petition or on their own initiative,
determines that an oral presentation is required.
    (b) Submissions must include a detailed exposition of the evidence
or arguments supporting the petition.
    (c) Petitions must be filed as soon as practicable, but in no event
more than 30 days after issuance of decision or finding under Sec.
414.37.

Sec.  414.45  Administrative law judge's recommended decision in safety
element approval actions.

    (a) The Associate Administrator, who will make the final decision
on the matter at issue, will review the recommended decision of the
administrative law judge. The Associate Administrator will make such
final decision within 30 days of issuance of the recommended decision.
    (b) The authority and responsibility to review and decide rests
solely with the Associate Administrator and may not be delegated.

PART 415--LAUNCH LICENSE

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

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

PART 415--[REMOVED AND RESERVED]

0
20. Effective March 10, 2026, remove and reserve part 415.

0
21. Revise Sec.  415.1 to read as follows:

Sec.  415.1  Applicability and scope.

    (a) Applicability. This part applies to the following:
    (1) Licenses issued under this part before June 8, 2021; and
    (2) Licenses issued on or after June 8, 2021, if the FAA accepted
the application under Sec.  413.11 of this chapter before that date.
    (b) Scope. This part prescribes requirements for obtaining a
license to launch an expendable launch vehicle and post-licensing
requirements with which a licensee must comply to remain licensed.
Requirements for preparing a license application are in part 413 of
this subchapter.

0
22. Add Sec.  415.2 to read as follows:

Sec.  415.2  Licenses issued under this part.

    (a) Definitions. For the purposes of this part, the definitions of
Sec.  401.5 of this chapter apply.
    (b) Compliance with part 450 of this chapter. Operations under this
part must comply with launch and reentry collision avoidance
requirements in Sec.  450.169 of this chapter and critical asset
protection requirements in Sec. Sec.  450.101(a)(4) and (b)(4) of this
chapter.

0
23. Amend Sec.  415.3 by adding paragraph (c) to read as follows:

Sec.  415.3  Types of launch licenses.

* * * * *
    (c) Notwithstanding the duration for a license established in
paragraphs (a) and (b) of this section, no license issued under this
part will be valid after March 10, 2026.

0
24. 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.  450.169 and critical asset protection requirements in 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.

Appendix A to Part 415--[Removed and Reserved]

0
25. Remove and reserve appendix A to part 415.

PART 417--LAUNCH SAFETY

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

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

PART 417--[REMOVED AND RESERVED]

0
27. Effective March 10, 2026, remove and reserve part 417.

0
28. Revise Sec.  417.1 to read as follows:

Sec.  417.1  General information.

    (a) Scope. This part sets forth--
    (1) The responsibilities of a launch operator conducting a licensed
launch of an expendable launch vehicle pursuant to a license issued
under part 415 of this chapter; and
    (2) The requirements for maintaining a launch license obtained
under part 415 of this chapter. Parts 413 and 415 of this chapter
contain requirements for preparing a license application to conduct a
launch, including information reviewed by the FAA to conduct a policy,
safety, payload, and environmental review, and a payload determination
    (b) Applicability. (1) The administrative requirements for filing
material with the FAA in subpart A of this part apply to all licensed
launches from a Federal launch range or a non-Federal launch site,
except where noted.
    (2) The safety requirements of subparts B through E of this part
apply to all licensed launches of expendable launch vehicles. See
paragraph (d) of this section for exceptions to this provision.
    (c) ``Meets intent'' certification. For a licensed launch from a
Federal launch range, a launch operator need not demonstrate to the FAA
that an alternative means of satisfying a requirement of this part
provides an equivalent level of safety for a launch if written evidence
demonstrates that a Federal launch range has, by the effective date of
this part, granted a ``meets intent certification,'' including through
``tailoring,'' that applies to the requirement and that launch. See
paragraph (e) of this section for exceptions to this provision. Written
evidence includes:
    (1) Range flight plan approval,
    (2) Missile system pre-launch safety package,
    (3) Preliminary and final flight data packages,
    (4) A tailored version of EWR 127-1,
    (5) Range email to the FAA stating that the MIC was approved, or
    (6) Operation approval.
    (d) Waiver. For a licensed launch from a Federal launch range, a
requirement of this part does not apply to a launch if written evidence
demonstrates that a Federal launch range has, by the effective date of
this part, granted a waiver that allows noncompliance with the
requirement for that launch. See paragraph (e) of this section for
exceptions to this provision. Written evidence includes:
    (1) Range flight plan approval,
    (2) Missile system pre-launch safety package,
    (3) Preliminary and final flight data packages,
    (4) A tailored version of EWR 127-1,
    (5) Range email to the FAA stating that the waiver was approved, or
    (6) Operation approval.
    (e) Exceptions to Federal launch range meets intent certifications
and waivers. Even if a licensed launch from a Federal launch range
satisfies paragraph (c) or (d) of this section for a

requirement of this part, the requirement applies and a launch operator
must satisfy the requirement, obtain FAA approval of any alternative,
or obtain FAA approval for any further noncompliance if--
    (1) The launch operator modifies the launch vehicle's operation or
safety characteristics;
    (2) The launch operator uses the launch vehicle, component, system,
or subsystem in a new application;
    (3) The FAA or the launch operator determines that a previously
unforeseen or newly discovered safety hazard exists that is a source of
significant risk to public safety; or
    (4) The Federal launch range previously accepted a component,
system, or subsystem, but did not then identify a noncompliance to a
Federal launch range requirement.
    (f) Equivalent level of safety. The requirements of this part apply
to a launch operator and the launch operator's launch unless the launch
operator clearly and convincingly demonstrates that an alternative
approach provides an equivalent level of safety.

Sec.  417.3  [Amended]

0
29. Amend Sec.  417.3 by removing the definitions for ``conjunction on
launch'' and ``launch wait''.

0
30. Amend Sec.  417.11 by adding paragraph (f) to read as follows:

Sec.  417.11  Continuing accuracy of license application; application
for modification of license.

* * * * *
    (f) The Administrator may determine that a modification to a
license issued under this part must comply with the requirements in
part 450 of this chapter. The Administrator will base the determination
on the extent and complexity of the modification, whether the applicant
proposes to modify multiple parts of the application, or if the
application requires significant evaluation.

0
31. Amend Sec.  417.107 by adding paragraph (b)(5), and removing and
reserving paragraph (e).
    The addition reads as follows:

Sec.  417.107  Flight safety.

* * * * *
    (b) * * *
    (5) A launch operator may initiate flight of a launch vehicle only
if all of the risks to the public satisfy the criteria in the critical
asset protection requirements in Sec.  450.101(a)(4) and (b)(4).
* * * * *

0
32. Amend Sec.  417.113 by revising paragraphs (c)(1) introductory text
and (c)(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 and collision avoidance requirements
in Sec.  450.169 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.  450.169.
* * * * *

Sec.  417.121  [Amended]

0
32. Amend Sec.  417.121 by removing and reserving paragraph (c).

Sec.  417.231  [Removed and Reserved.]

0
33. Remove and reserve Sec.  417.231.

Appendix A to Part 417--[Amended]

0
34. Amend appendix A to part 417 by removing and reserving section
A417.31.

0
35. Amend appendix C to part 417 by revising paragraph (a) in section
C417.1 and removing section C417.11.
    The revision reads as follows:

Appendix C to Part 417--Flight Safety Analysis Methodologies and
Products for an Unguided Suborbital Launch Vehicle Flown With a Wind
Weighting Safety System

* * * * *

C417.1 General

    (a) This appendix contains methodologies for performing the
flight safety analysis required for the launch of an unguided
suborbital launch vehicle flown with a wind weighting safety system,
except for the hazard area analysis required by Sec.  417.107, which
is covered in appendix B of this part. This appendix includes
methodologies for a trajectory analysis, wind weighting analysis,
debris analysis, and debris risk analysis.
* * * * *

PART 420--LICENSE TO OPERATE A LAUNCH SITE

0
36. The authority citation for part 420 continues to read as follows:

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

Sec.  420.5  [Amended]

0
37. Amend Sec.  420.5 by removing the definitions of ``Instantaneous
impact point'', ``Launch site accident'', and ``Public''.

0
38. Amend Sec.  420.15 by revising paragraph (b) to read as follows:

Sec.  420.15  Information requirements.

* * * * *
    (b) Environmental. The FAA is responsible for complying with the
procedures and policies of the National Environmental Policy Act (NEPA)
and other applicable environmental laws, regulations, and Executive
Orders prior to issuing a launch site license. An applicant must
provide the FAA with information needed to comply with such
requirements. The FAA will consider and document the potential
environmental effects associated with issuing a launch site license.
    (1) Environmental impact statement or environmental assessment.
When directed by the FAA, an applicant must--
    (i) Prepare an Environmental Assessment with FAA oversight;
    (ii) Assume financial responsibility for preparation of an
Environmental Impact Statement by an FAA-selected and -managed
consultant contractor; or
    (iii) Submit information to support a written re-evaluation of a
previously submitted Environmental Assessment or Environmental Impact
Statement when requested by the FAA.
    (2) Categorical exclusion. The FAA may determine that a categorical
exclusion is appropriate upon receipt of supporting information from an
applicant.
    (3) Environmental information. An application must include an
approved FAA Environmental Assessment, Environmental Impact Statement,
categorical exclusion determination, or written re-evaluation covering
all planned licensed activities in compliance with NEPA and the Council
on Environmental Quality Regulations for Implementing the Procedural
Provisions of NEPA.
* * * * *

0
39. Revise Sec.  420.51 to read as follows:

Sec.  420.51  Responsibilities--general.

    A licensee must operate its launch site in accordance with the
representations in its application.

0
40. Amend Sec.  420.57 by revising paragraph (d) to read as follows:

Sec.  420.57  Notifications.

* * * * *
    (d) At least 2 days prior to flight of a launch vehicle, unless the
Administrator agrees to a different time frame in accordance with Sec.
404.15, the licensee must notify local officials and all owners of land
adjacent to the launch site of the flight schedule.

0
41. Revise Sec.  420.59 to read as follows:

Sec.  420.59  Mishap plan.

    (a) General. A licensee must report, respond to, and investigate
any event that meets either paragraph (1) or (5) of the definition of
``mishap'' in Sec.  401.7 of this chapter. A licensee must submit a
mishap plan that meets the requirements of Sec.  450.173(b) through
(f).
    (b) Launch mishaps. A launch site operator's mishap plan must also
contain procedures for participating in an investigation of a launch
mishap for launches launched from the launch site.
    (c) Other agency procedures. Emergency response and investigation
procedures developed in accordance with 29 CFR 1910.119 and 40 CFR part
68 will satisfy the requirements of Sec.  450.173(d) and (e) to the
extent that they include the elements required by Sec.  450.173(d) and
(e).

0
42. Amend Sec.  420.61 by revising paragraph (b) to read as follows:

Sec.  420.61  Records.

* * * * *
    (b) For any event that meets any of paragraph (1), (5), or (8) of
the definition of ``mishap'' in Sec.  401.7 of this chapter, a licensee
must preserve all records related to the event. Records must be
retained until completion of any Federal investigation and the FAA
advises the licensee that the records need not be retained.
* * * * *

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

0
43. The authority citation for part 431 continue to read as follows:

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

PART 431--[REMOVED AND RESERVED]

0
44. Effective March 10, 2026, remove and reserve part 431.

0
45. Revise Sec.  431.1 to read as follows:

Sec.  431.1  General.

    (a) Applicability. This part applies to the following--
    (1) Licenses issued under this part before June 8, 2021; and
    (2) Licenses issued on or after June 8, 2021, if the FAA accepted
the application under Sec.  413.11 of this chapter before that date.
    (b) Scope. This part prescribes requirements for obtaining a
reusable launch vehicle (RLV) mission license and post-licensing
requirements with which a licensee must comply to remain licensed.
Requirements for preparing a license application are contained in part
413 of this subchapter.
    (c) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.

0
46. Add Sec.  431.2 to read as follows:

Sec.  431.2  Licenses issued under this part.

    (a) Definitions. For the purposes of this subpart, the definitions
of Sec.  401.5 of this chapter apply.
    (b) Compliance with part 450 of this chapter. Operations under this
part must comply with launch and reentry collision avoidance
requirements in Sec.  450.169 of this chapter and critical asset
protection requirements in Sec.  450.101(a)(4) and (b)(4) of this
chapter.

0
47. Amend Sec.  431.3 by adding paragraph (c) to read as follows:

Sec.  431.3  Types of reusable launch vehicle mission licenses.

* * * * *
    (c) Duration of license. Notwithstanding the duration for a license
established in paragraphs (a) and (b) of this section, no license
issued under this part will be valid after March 10, 2026.

0
48. Amend Sec.  431.43 by revising paragraph (a)(1) and removing and
reserving paragraph (c)(1).
    The revision reads 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, 450.169, and in Sec.  450.101(a)(4) and
(b)(4) for nominal and non-nominal operations;
* * * * *

0
49. Amend Sec.  431.73 by adding paragraph (f) to read as follows:

Sec.  431.73  Continuing accuracy of license application; application
for modification of license.

* * * * *
    (f) The Administrator may determine that a modification to a
license issued under this part must comply with the requirements in
part 450 of this chapter. The Administrator will base the determination
on the extent and complexity of the modification, whether the applicant
proposes to modify multiple parts of the application, or if the
application requires significant evaluation.

PART 433--LICENSE TO OPERATE A REENTRY SITE

0
50. The authority citation for part 433 will continue to read as
follows:

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

0
51. Revise Sec.  433.7 to read as follows:

Sec.  433.7  Environmental.

    (a) General. The FAA is responsible for complying with the
procedures and policies of the National Environmental Policy Act (NEPA)
and other applicable environmental laws, regulations, and Executive
Orders prior to issuing a reentry site license. An applicant must
provide the FAA with information needed to comply with such
requirements. The FAA will consider and document the potential
environmental effects associated with issuing a license for a reentry
site.
    (b) Environmental impact statement or environmental assessment.
When directed by the FAA, an applicant must--
    (1) Prepare an Environmental Assessment with FAA oversight;
    (2) Assume financial responsibility for preparation of an
Environmental Impact Statement by an FAA-selected and -managed
consultant contractor; or
    (3) Submit information to support a written re-evaluation of a
previously submitted Environmental Assessment or Environmental Impact
Statement.
    (c) Categorical exclusion. The FAA may determine that a categorical
exclusion is appropriate upon receipt of supporting information from an
applicant.
    (d) Environmental information. An application must include an
approved FAA Environmental Assessment, Environmental Impact Statement,
categorical exclusion determination, or written re-evaluation covering
all planned licensed activities in compliance with NEPA and the Council
on Environmental Quality Regulations for Implementing the Procedural
Provisions of NEPA.

Sec.  433.9  [Removed]

0
52. Remove Sec.  433.9.

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

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

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

PART 435--[REMOVED AND RESERVED]

0
54. Effective March 10, 2026, remove and reserve part 435.

0
55. Revise Sec.  435.1 to read as follows:

Sec.  435.1  General.

    (a) Applicability. This part applies to the following--

    (1) Licenses issued under this part before June 8, 2021; and
    (2) Licenses issued on or after June 8, 2021, if the FAA accepted
the application under Sec.  413.11 of this chapter before that date.
    (b) Scope. This part prescribes requirements for obtaining a
license to reenter a reentry vehicle other than a reusable launch
vehicle (RLV), and post-licensing requirements with which a licensee
must comply to remain licensed. Requirements for preparing a license
application are contained in part 413 of this subchapter.
    (c) Equivalent level of safety. Each requirement of this part
applies unless the applicant or licensee clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.

0
56. Add Sec.  435.2 to read as follows:

Sec.  435.2  Licenses.

    (a) Definitions. For the purposes of this subpart, the definitions
of Sec.  401.5 of this chapter apply.
    (b) Compliance with part 450 of this chapter. Operations under this
part must comply with launch and reentry collision avoidance
requirements in Sec.  450.169 and critical asset protection
requirements in Sec.  450.101(a)(4) and (b)(4).

0
57. Amend Sec.  435.3 by adding paragraph (c) to read as follows:

Sec.  435.3  Types of reentry licenses.

* * * * *
    (c) Duration of license. Notwithstanding the duration for a license
established in paragraphs (a) and (b) of this section, no license
issued under this part will be valid after March 10, 2026.

PART 437--EXPERIMENTAL PERMITS

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

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

Sec.  437.3  [Amended]

0
59. Amend Sec.  437.3 by removing the definitions for ``anomaly'' and
``key flight-safety event''.

0
60. Amend Sec.  437.21 by revising paragraphs (b) and (c) to read as
follows:

Sec.  437.21  General.

* * * * *
    (b) Other regulations--(1) Environmental--(i) General. The FAA is
responsible for complying with the procedures and policies of the
National Environmental Policy Act (NEPA) and other applicable
environmental laws, regulations, and Executive Orders to consider and
document the potential environmental effects associated with proposed
reusable suborbital rocket launches or reentries. An applicant must
provide the FAA with information needed to comply with such
requirements. The FAA will consider and document the potential
environmental effects associated with proposed reusable suborbital
rocket launches or reentries.
    (ii) Environmental Impact Statement or Environmental Assessment.
When directed by the FAA, an applicant must--
    (A) Prepare an Environmental Assessment with FAA oversight;
    (B) Assume financial responsibility for preparation of an
Environmental Impact Statement by an FAA-selected and -managed
consultant contractor; or
    (C) Submit information to support a written re-evaluation of a
previously submitted Environmental Assessment or Environmental Impact
Statement.
    (iii) Categorical exclusion. The FAA may determine that a
categorical exclusion determination is appropriate upon receipt of
supporting information from an applicant.
    (iv) Information requirements. An application must include an
approved FAA Environmental Assessment, Environmental Impact Statement,
categorical exclusion determination, or written re-evaluation covering
all planned licensed activities in compliance with NEPA and the Council
on Environmental Quality Regulations for Implementing the Procedural
Provisions of NEPA.
    (2) Financial responsibility. An applicant must provide the
information required by part 3 of appendix A of part 440 for the FAA to
conduct a maximum probable loss analysis.
    (3) Human space flight. An applicant proposing launch or reentry
with flight crew or a space flight participant on board a reusable
suborbital rocket must demonstrate compliance with Sec. Sec.  460.5,
460.7, 460.11, 460.13, 460.15, 460.17, 460.51, and 460.53 of this
subchapter.
    (c) Use of a safety element approval. If an applicant proposes to
use any reusable suborbital rocket, safety system, process, service, or
personnel for which the FAA has issued a safety element approval under
part 414 of this chapter, the FAA will not reevaluate that safety
element to the extent its use is within its approved scope. As part of
the application process, the FAA will evaluate the integration of that
safety element into vehicle systems or operations.
* * * * *

0
61. Revise Sec.  437.41 to read as follows:

Sec.  437.41  Mishap plan.

    An applicant must submit a mishap plan that meets the requirements
of Sec.  450.173 of this chapter.

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

Sec.  437.65  Collision avoidance analysis.

    For a permitted flight with a planned maximum altitude greater than
150 kilometers, a permittee must obtain a collision avoidance analysis
in accordance with Sec.  450.169 of this chapter.

Sec.  437.75  [Removed and Reserved]

0
63. Remove and reserve Sec.  437.75.

0
64. Amend Sec.  437.87 by revising paragraph (b) to read as follows:

Sec.  437.87  Records.

* * * * *
    (b) For any event that meets any of paragraphs (1) through (3),
(5), or (8) of the definition of ``mishap'' in Sec.  401.7 of this
chapter, a permittee must preserve all records related to the event.
Records shall be retained until any Federal investigation is complete
and the FAA advises the permittee that the records need not be
retained.
* * * * *

0
65. Amend Sec.  437.89 by revising paragraphs (a) introductory text and
(b) to read as follows:

Sec.  437.89  Pre-flight reporting.

    (a) Not later than 30 days before each flight or series of flights
conducted under an experimental permit, unless the Administrator agrees
to a different time frame in accordance with Sec.  404.15, a permittee
must provide the FAA with the following information:
* * * * *
    (b) Not later than 15 days before each permitted flight planned to
reach greater than 150 km altitude, unless the Administrator agrees to
a different time frame in accordance with Sec.  404.15, a permittee
must provide the FAA its planned trajectory for a collision avoidance
analysis.

PART 440--FINANCIAL RESPONSIBILITY

0
66. The authority citation for part 440 continues to read as follows:

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

0
67. Amend Sec.  440.3 by revising the introductory text and the
definition for ``maximum probable loss (MPL)'' to read as follows:

Sec.  440.3  Definitions.

    Except as otherwise provided in this section, any term used in this
part and defined in 51 U.S.C. 50901-50923, or in

Sec.  401.5 or Sec.  401.7 of this chapter shall have the meaning
contained therein.
* * * * *
    Maximum probable loss (MPL) means the greatest dollar amount of
loss for bodily injury or property damage that is reasonably expected
to result from a licensed or permitted activity;
    (1) Losses to third parties, excluding Government personnel and
other launch or reentry participants' employees involved in licensed or
permitted activities and neighboring operations personnel, that are
reasonably expected to result from a licensed or permitted activity are
those that have a probability of occurrence of no less than one in ten
million.
    (2) Losses to Government property and Government personnel involved
in licensed or permitted activities and neighboring operations
personnel that are reasonably expected to result from licensed or
permitted activities are those that have a probability of occurrence of
no less than one in one hundred thousand.
* * * * *

Sec.  440.3  [Amended]

0
68. Effective March 10, 2026, further amend Sec.  440.3 in the
introductory text by removing `` in Sec. Sec.  401.5 or 401.7'' and
add, in its place, ``in Sec.  401.7''.

0
69. Amend Sec.  440.15 by revising paragraphs (a)(1) through (4) to
read as follows:

Sec.  440.15  Demonstration of compliance.

    (a) * * *
    (1) All reciprocal waiver of claims agreements required under Sec.
440.17(c) must be submitted at least 30 days before the start of any
licensed or permitted activity involving a customer, crew member, or
space flight participant; unless the Administrator agrees to a
different time frame in accordance with Sec.  404.15;
    (2) Evidence of insurance must be submitted at least 30 days before
commencement of any licensed launch or permitted activity, and for
licensed reentry no less than 30 days before commencement of launch
activities involving the reentry licensee, unless the Administrator
agrees to a different time frame in accordance with Sec.  404.15;
    (3) Evidence of financial responsibility in a form other than
insurance, as provided under Sec.  440.9(f) must be submitted at least
60 days before commencement of a licensed or permitted activity, unless
the Administrator agrees to a different time frame in accordance with
Sec.  404.15; and
    (4) Evidence of renewal of insurance or other form of financial
responsibility must be submitted at least 30 days in advance of its
expiration date, unless the Administrator agrees to a different time
frame in accordance with Sec.  404.15.
* * * * *

0
70. Add part 450 to read as follows:

PART 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS

Sec.
Subpart A--General Information
450.1 Applicability.
450.3 Scope of a vehicle operator license.
450.5 Issuance of a vehicle operator license.
450.7 Duration of a vehicle operator license.
450.9 Additional license terms and conditions.
450.11 Transfer of a vehicle operator license.
450.13 Rights not conferred by a vehicle operator license.
Subpart B--Requirements to Obtain a Vehicle Operator License
450.31 General.
450.33 Incremental review and determinations.
450.35 Means of compliance.
450.37 Equivalent level of safety.
450.39 Use of safety element approval.
450.41 Policy review and approval.
450.43 Payload review and determination.
450.45 Safety review and approval.
450.47 Environmental review.
Subpart C--Safety Requirements

Safety Criteria

450.101 Safety criteria.

System Safety Program

450.103 System safety program.

Hazard Control Strategies

450.107 Hazard control strategies.
450.108 Flight abort.
450.109 Flight hazard analysis.
450.110 Physical containment.
450.111 Wind weighting.

Flight Safety Analyses

450.113 Flight safety analysis requirements--scope.
450.115 Flight safety analysis methods.
450.117 Trajectory analysis for normal flight.
450.119 Trajectory analysis for malfunction flight.
450.121 Debris analysis.
450.123 Population exposure analysis.
450.131 Probability of failure analysis.
450.133 Flight hazard area analysis.
450.135 Debris risk analysis.
450.137 Far-field overpressure blast effects analysis.
450.139 Toxic hazards for flight.

Prescribed Hazard Controls for Safety-Critical Hardware and Computing
Systems

450.141 Computing systems.
450.143 Safety-critical system design, test, and documentation.
450.145 Highly reliable flight safety system.

Other Prescribed Hazard Controls

450.147 Agreements.
450.149 Safety-critical personnel qualifications.
450.151 Work shift and rest requirements.
450.153 Radio frequency management.
450.155 Readiness.
450.157 Communications.
450.159 Pre-flight procedures.
450.161 Control of hazard areas.
450.163 Lightning hazard mitigation.
450.165 Flight commit criteria.
450.167 Tracking.
450.169 Launch and reentry collision avoidance analysis
requirements.
450.171 Safety at end of launch.
450.173 Mishap plan--reporting, response, and investigation
requirements.
450.175 Test-induced damage.
450.177 Unique safety policies, requirements, and practices.

Ground Safety

450.179 Ground safety--general.
450.181 Coordination with a site operator.
450.183 Explosive site plan.
450.185 Ground hazard analysis.
450.187 Toxic hazards mitigation for ground operations.
450.189 Ground safety prescribed hazard controls.
Subpart D--Terms and Conditions of a Vehicle Operator License
450.201 Responsibility for public safety and safety of property.
450.203 Compliance.
450.205 Financial responsibility requirements.
450.207 Human spaceflight requirements.
450.209 Compliance monitoring.
450.211 Continuing accuracy of license application; application for
modification of license.
450.213 Pre-flight reporting.
450.215 Post-flight reporting.
450.217 Registration of space objects.
450.219 Records.
Appendix A to Part 450--Collision Analysis Worksheet

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

Subpart A--General Information

Sec.  450.1  Applicability.

    This part prescribes requirements for obtaining and maintaining a
license to launch, reenter, or both launch and reenter, a launch or
reentry vehicle.

Sec.  450.3  Scope of a vehicle operator license.

    (a) General. A vehicle operator license authorizes a licensee to
conduct one or more launches or reentries using the same vehicle or
family of vehicles. A vehicle operator license identifies the scope of
authorization as defined in paragraphs (b) and (c) of this section or
as agreed to by the Administrator.
    (b) Scope of launch. A vehicle operator license authorizes launch,
which includes the flight of a launch

vehicle and pre- and post-flight ground operations as follows:
    (1) Launch begins when hazardous pre-flight operations commence at
a U.S. launch site that may pose a threat to the public. Hazardous pre-
flight operations that may pose a threat to the public include
pressurizing or loading of propellants into the vehicle, operations
involving a fueled launch vehicle, the transfer of energy necessary to
initiate flight, or any hazardous activity preparing the vehicle for
flight. Hazardous pre-flight operations do not include the period
between the end of the previous launch and launch vehicle reuse, when
the vehicle is in a safe and dormant state.
    (2) At a non-U.S. launch site, launch begins at ignition or at the
first movement that initiates flight, whichever occurs earlier.
    (3) Launch ends when any of the following events occur:
    (i) For an orbital launch of a vehicle without a reentry of the
vehicle, launch ends after the licensee's last exercise of control over
its vehicle on orbit, after vehicle component impact or landing on
Earth, after activities necessary to return the vehicle or component to
a safe condition on the ground after impact or landing, or after
activities necessary to return the site to a safe condition, whichever
occurs latest;
    (ii) For an orbital launch of a vehicle with a reentry of the
vehicle, launch ends after deployment of all payloads, upon completion
of the vehicle's first steady-state orbit if there is no payload
deployment, after vehicle component impact or landing on Earth, after
activities necessary to return the vehicle or component to a safe
condition on the ground after impact or landing, or after activities
necessary to return the site to a safe condition, whichever occurs
latest;
    (iii) For a suborbital launch that includes a reentry, launch ends
after reaching apogee;
    (iv) For a suborbital launch that does not include a reentry,
launch ends after vehicle or vehicle component impact or landing on
Earth, after activities necessary to return the vehicle or vehicle
component to a safe condition on the ground after impact or landing, or
after activities necessary to return the site to a safe condition,
whichever occurs latest.
    (c) Scope of reentry. A vehicle operator license authorizes
reentry. Reentry includes activities conducted in Earth orbit or outer
space to determine reentry readiness and that are critical to ensuring
public health and safety and the safety of property during reentry
flight. Reentry also includes activities necessary to return the
reentry vehicle, or vehicle component, to a safe condition on the
ground after impact or landing.
    (d) Application requirements. An applicant must identify pre- and
post-flight ground operations at a U.S. launch site sufficient for the
Administrator to determine the scope of activities authorized under the
license.

Sec.  450.5  Issuance of a vehicle operator license.

    (a) The FAA issues a vehicle operator license to an applicant who
has obtained all approvals and determinations required under this part
for a license.
    (b) A vehicle operator license authorizes a licensee to conduct
launches or reentries, in accordance with the representations contained
in the licensee's application, with subparts C and D of this part, and
subject to the licensee's compliance with terms and conditions
contained in license orders accompanying the license, including
financial responsibility requirements.

Sec.  450.7  Duration of a vehicle operator license.

    A vehicle operator license is valid for the period of time
determined by the Administrator as necessary to conduct the licensed
activity but may not exceed 5 years from the issuance date.

Sec.  450.9  Additional license terms and conditions.

    The FAA may modify a vehicle operator license at any time by
modifying or adding license terms and conditions to ensure compliance
with the Act and regulations.

Sec.  450.11  Transfer of a vehicle operator license.

    (a) Only the FAA may transfer a vehicle operator license.
    (b) Either the holder of a vehicle operator license or the
prospective transferee may request a vehicle operator license transfer.
    (c) Both the holder and prospective transferee must agree to the
transfer.
    (d) An applicant for transfer of a vehicle operator license must
submit a license application in accordance with part 413 of this
chapter and must meet the requirements of part 450 of this chapter.
    (e) The FAA will transfer a license to an applicant that has
obtained all of the approvals and determinations required under this
part for a license. In conducting its reviews and issuing approvals and
determinations, the FAA may incorporate by reference any findings made
part of the record to support the initial licensing determination. The
FAA may modify a license to reflect any changes necessary as a result
of a license transfer.
    (f) The FAA will provide written notice of its determination to the
person requesting the vehicle operator license transfer.

Sec.  450.13  Rights not conferred by a vehicle operator license.

    Issuance of a vehicle operator license does not relieve a licensee
of its obligation to comply with all applicable requirements of law or
regulation that may apply to its activities, nor does issuance confer
any proprietary, property, or exclusive right in the use of any Federal
launch or reentry site or related facilities, airspace, or outer space.

Subpart B--Requirements to Obtain a Vehicle Operator License

Sec.  450.31  General.

    (a) To obtain a vehicle operator license, an applicant must--
    (1) Submit a license application in accordance with the procedures
in part 413 of this chapter;
    (2) Obtain a policy approval from the Administrator in accordance
with Sec.  450.41;
    (3) Obtain a favorable payload determination from the Administrator
in accordance with Sec.  450.43, if applicable;
    (4) Obtain a safety approval from the Administrator in accordance
with Sec.  450.45;
    (5) Satisfy the environmental review requirements of Sec.  450.47;
and
    (6) Provide the information required by appendix A of part 440 for
the Administrator to conduct a maximum probable loss analysis for the
applicable licensed operation.
    (b) An applicant may apply for the approvals and determinations in
paragraphs (a)(2) through (6) of this section separately or all
together in one complete application, using the application procedures
contained in part 413 of this chapter.
    (c) An applicant may also apply for a safety approval in an
incremental manner, in accordance with Sec.  450.33.
    (d) An applicant may reference materials previously provided as
part of a license application in order to meet the application
requirements of this part.

Sec.  450.33  Incremental review and determinations.

    An applicant may submit its application for a safety review in
modules using an incremental approach approved by the Administrator.
    (a) An applicant must identify to the Administrator, prior to
submitting an

application, whether it will submit a modular application for any
approval or determination.
    (b) An applicant using an incremental approach must have the
approach approved by the Administrator prior to submitting an
application. In reviewing a proposed approach, the Administrator will
consider the following:
    (1) Whether the modules can be reviewed independently; and
    (2) Whether the modules will be submitted in a workable
chronological order.
    (c) The Administrator may make incremental determinations as part
of this review process.

Sec.  450.35  Means of compliance.

    (a) Prior to application acceptance, a means of compliance must be
accepted by the Administrator for the following:
    (1) Section 450.115(b)(1) regarding flight safety analyses;
    (2) Section 450.139(e)(1) regarding toxic hazards for flight;
    (3) Section 450.145(b) regarding highly-reliable flight safety
system;
    (4) Section 450.163(a)(1) regarding lightning hazard mitigation;
and
    (5) Section 450.187(e)(1) regarding toxic hazards mitigation for
ground operations.
    (b) A person requesting acceptance of a proposed means of
compliance outside a license application must submit the proposed means
of compliance to the FAA in a form and manner acceptable to the
Administrator.

Sec.  450.37  Equivalent level of safety.

    (a) An applicant must demonstrate compliance with each requirement
of this part, unless the applicant clearly and convincingly
demonstrates that an alternative approach provides an equivalent level
of safety to the requirement of this part.
    (b) Paragraph (a) of this section does not apply to Sec.
450.101(a), (b), (c)(1) and (3), (d), (e)(1), and (g).

Sec.  450.39   Use of safety element approval.

    If an applicant proposes to use any vehicle, safety system,
process, service, or personnel for which the FAA has issued a safety
element approval under part 414 of this chapter, the FAA will not
reevaluate that safety element during a license application evaluation
to the extent its use is within its approved scope.

Sec.  450.41  Policy review and approval.

    (a) General. The FAA issues a policy approval to an applicant
unless the FAA determines that a proposed launch or reentry would
jeopardize U.S. national security or foreign policy interests, or
international obligations of the United States.
    (b) Interagency consultation. (1) The FAA consults with the
Department of Defense to determine whether a license application
presents any issues affecting U.S. national security.
    (2) The FAA consults with the Department of State to determine
whether a license application presents any issues affecting U.S.
foreign policy interests or international obligations.
    (3) The FAA consults with other Federal agencies, including the
National Aeronautics and Space Administration, authorized to address
issues identified under paragraph (a) of this section, associated with
an applicant's proposal.
    (c) Issues during policy review. The FAA will advise an applicant,
in writing, of any issue raised during a policy review that would
impede issuance of a policy approval. The applicant may respond, in
writing, or amend its license application as required by Sec.  413.17
of this chapter.
    (d) Denial of policy approval. The FAA notifies an applicant, in
writing, if it has denied policy approval for a license application.
The notice states the reasons for the FAA's determination. The
applicant may seek further review of the determination in accordance
with Sec.  413.21 of this chapter.
    (e) Application requirements for policy review. In its license
application, an applicant must--
    (1) Identify the model, type, and configuration of any vehicle
proposed for launch or reentry by the applicant;
    (2) Describe the vehicle by characteristics that include individual
stages, their dimensions, type and amounts of all propellants, and
maximum thrust;
    (3) Identify foreign ownership of the applicant as follows:
    (i) For a sole proprietorship or partnership, identify all foreign
ownership;
    (ii) For a corporation, identify any foreign ownership interests of
10 percent or more; and
    (iii) For a joint venture, association, or other entity, identify
any participating foreign entities; and
    (4) Identify the proposed vehicle flight profile, including:
    (i) Launch or reentry site, including any contingency abort
locations;
    (ii) Flight azimuths, trajectories, and associated ground tracks
and instantaneous impact points for the duration of the licensed
activity, including any contingency abort profiles;
    (iii) Sequence of planned events or maneuvers during flight;
    (iv) Normal impact or landing areas for all mission hardware; and
    (v) For each orbital mission, the range of intermediate and final
orbits of each vehicle upper stage and their estimated orbital
lifetimes.

Sec.  450.43  Payload review and determination.

    (a) General. If applicable, the FAA issues a favorable payload
determination for a launch or reentry to a license applicant or payload
owner or operator if--
    (1) The applicant, payload owner, or payload operator has obtained
all required licenses, authorizations, and permits; and
    (2) Its launch or reentry would not jeopardize public health and
safety, safety of property, U.S. national security or foreign policy
interests, or international obligations of the United States.
    (b) Relationship to other executive agencies. The FAA does not make
a determination under paragraph (a)(2) of this section for--
    (1) Those aspects of payloads that are subject to regulation by the
Federal Communications Commission or the Department of Commerce; or
    (2) Payloads owned or operated by the U.S. Government.
    (c) Classes of payloads. The FAA may review and issue findings
regarding a proposed class of payload, including communications, remote
sensing, or navigation. However, prior to a launch or reentry, each
payload is subject to verification by the FAA that its launch or
reentry would not jeopardize public health and safety, safety of
property, U.S. national security or foreign policy interests, or
international obligations of the United States.
    (d) Payload owner or payload operator may apply. In addition to a
launch or reentry operator, a payload owner or payload operator may
request a payload review and determination.
    (e) Interagency consultation. The FAA consults with other agencies
as follows:
    (1) The Department of Defense to determine whether launch or
reentry of a proposed payload or payload class would present any issues
affecting U.S. national security;
    (2) The Department of State to determine whether launch or reentry
of a proposed payload or payload class would present any issues
affecting U.S. foreign policy interests or international obligations;
or
    (3) Other Federal agencies, including the National Aeronautics and
Space Administration, authorized to address issues of public health and
safety, safety of property, U.S. national security or foreign policy
interests, or international obligations of the United States,

associated with the launch or reentry of a proposed payload or payload
class.
    (f) Issues during payload review. The FAA will advise a person
requesting a payload determination, in writing, of any issue raised
during a payload review that would impede issuance of a license to
launch or reenter that payload or payload class. The person requesting
payload review may respond, in writing, or amend its application as
required by Sec.  413.17 of this chapter.
    (g) Denial of a payload determination. The FAA notifies an
applicant, in writing, if it has denied a favorable payload
determination. The notice states the reasons for the FAA's
determination. The applicant may seek further review of the
determination in accordance with Sec.  413.21 of this chapter.
    (h) Incorporation of payload determination in license application.
A favorable payload determination issued for a payload or class of
payload may be included by a license applicant as part of its
application. However, any change in information provided under
paragraph (i) of this section must be reported in accordance with Sec.
413.17 of this chapter. The FAA determines whether a favorable payload
determination remains valid in light of reported changes and may
conduct an additional payload review.
    (i) Application requirements. A person requesting review of a
particular payload or payload class must identify the following:
    (1) For launch of a payload:
    (i) Payload name or class of payload, and function;
    (ii) Description, including physical dimensions, weight,
composition, and any hosted payloads;
    (iii) Payload owner and payload operator, if different from the
person requesting payload review and determination;
    (iv) Any foreign ownership of the payload or payload operator, as
specified in Sec.  450.41(e)(3);
    (v) Hazardous materials as defined in Sec.  401.7 of this chapter,
radioactive materials, and the amounts of each;
    (vi) Explosive potential of payload materials, alone and in
combination with other materials found on the payload;
    (vii) For orbital launches, parameters for parking, transfer and
final orbits, and approximate transit times to final orbit;
    (viii) Delivery point in flight at which the payload will no longer
be under the licensee's control;
    (ix) Intended operations during the lifetime of the payload,
including anticipated life span and any planned disposal;
    (x) Any encryption associated with data storage on the payload and
transmissions to or from the payload; and
    (xi) Any other information necessary to make a determination based
on public health and safety, safety of property, U.S. national security
or foreign policy interests, or international obligations of the United
States.
    (2) For reentry of a payload:
    (i) Payload name or class of payload, and function;
    (ii) Physical characteristics, dimensions, and weight of the
payload;
    (iii) Payload owner and payload operator, if different from the
person requesting the payload review and determination;
    (iv) Type, amount, and container of hazardous materials and
radioactive materials in the payload;
    (v) Explosive potential of payload materials, alone and in
combination with other materials found on the payload or reentry
vehicle during reentry; and
    (vi) Designated reentry site.

Sec.  450.45  Safety review and approval.

    (a) General. The FAA issues a safety approval to an applicant if it
determines that an applicant can conduct launch or reentry without
jeopardizing public health and safety and safety of property. A license
applicant must satisfy the application requirements in this section and
subpart C of this part.
    (b) Services or property provided by a Federal launch or reentry
site. The FAA will accept any safety-related launch or reentry service
or property provided by a Federal launch or reentry site or other
Federal entity by contract, as long as the FAA determines that the
launch or reentry services or property provided satisfy this part.
    (c) Issues during safety review. The FAA will advise an applicant,
in writing, of any issues raised during a safety review that would
impede issuance of a safety approval. The applicant may respond, in
writing, or amend its license application as required by Sec.  413.17
of this chapter.
    (d) Denial of a safety approval. The FAA notifies an applicant, in
writing, if it has denied a safety approval for a license application.
The notice states the reasons for the FAA's determination. The
applicant may seek further review of the determination in accordance
with Sec.  413.21 of this chapter.
    (e) Application requirements. An applicant must submit the
information required in the ``Application requirements'' paragraphs in
individual sections in subpart C of this part, as well as the
following:
    (1) General. An application must--
    (i) Contain a glossary of unique terms and acronyms used in
alphabetical order;
    (ii) Contain a listing of all referenced material;
    (iii) Use equations and mathematical relationships derived from or
referenced to a recognized standard or text, and define all algebraic
parameters;
    (iv) Include the units of all numerical values provided; and
    (v) Include a legend or key that identifies all symbols used for
any schematic diagrams.
    (2) Site description. An applicant must identify the proposed
launch or reentry site, including contingency abort locations, and
submit the following:
    (i) Boundaries of the site;
    (ii) Launch or landing point locations, including latitude and
longitude;
    (iii) Identity of any site operator; and
    (iv) Identity of any facilities at the site that will be used for
pre- or post-flight ground operations.
    (3) Vehicle description. An applicant must submit the following:
    (i) A written description of the vehicle or family of vehicles,
including structural, thermal, pneumatic, propulsion, electrical, and
avionics and guidance systems used in each vehicle, and all
propellants. The description must include a table specifying the type
and quantities of all hazardous materials on each vehicle and must
include propellants, explosives, and toxic materials; and
    (ii) A drawing of each vehicle that identifies:
    (A) Each stage, including strap-on motors;
    (B) Physical dimensions and weight;
    (C) Location of all safety-critical systems;
    (D) Location of all major vehicle control systems, propulsion
systems, pressure vessels, and any other hardware that contains
potential hazardous energy or hazardous material; and
    (E) For an unguided suborbital launch vehicle, the location of the
rocket's center of pressure in relation to its center of gravity for
the entire flight profile.
    (4) Mission schedule. An applicant must submit a generic launch or
reentry processing schedule that identifies any readiness activities,
such as reviews and rehearsals, and each safety-critical pre-flight
operation to be conducted. The mission schedule must also identify day
of flight activities.
    (5) Human space flight. For a proposed launch or reentry with a
human being on board a vehicle, an applicant must demonstrate
compliance

with Sec. Sec.  460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51,
and 460.53 of this chapter.
    (6) Radionuclides. The FAA will evaluate the launch or reentry of
any radionuclide on a case-by-case basis, and issue an approval if the
FAA finds that the launch or reentry is consistent with public health
and safety, safety of property, and national security and foreign
policy interests of the United States. For any radionuclide on a launch
or reentry vehicle, an applicant must--
    (i) Identify the type and quantity;
    (ii) Include a reference list of all documentation addressing the
safety of its intended use; and
    (iii) Describe all approvals by the Nuclear Regulatory Commission
for pre-flight ground operations.
    (7) Additional material. The FAA may also request--
    (i) Any information incorporated by reference in the license
application; and
    (ii) Additional products that allow the FAA to conduct an
independent safety analysis.

Sec.  450.47  Environmental review.

    (a) General. The FAA is responsible for complying with the
procedures and policies of the National Environmental Policy Act (NEPA)
and other applicable environmental laws, regulations, and Executive
Orders prior to issuing a launch or reentry license. An applicant must
provide the FAA with information needed to comply with such
requirements. The FAA will consider and document the potential
environmental effects associated with issuing a launch or reentry
license consistent with paragraph (b) of this section.
    (b) Environmental Impact Statement or Environmental Assessment.
When directed by the FAA, an applicant must--
    (1) Prepare an Environmental Assessment with FAA oversight;
    (2) Assume financial responsibility for preparation of an
Environmental Impact Statement by an FAA-selected and -managed
consultant contractor; or
    (3) Submit information to support a written re-evaluation of a
previously submitted Environmental Assessment or Environmental Impact
Statement.
    (c) Categorical exclusion. The FAA may determine that a categorical
exclusion is appropriate upon receipt of supporting information from an
applicant.
    (d) Application requirements. An application must include an
approved FAA Environmental Assessment, Environmental Impact Statement,
categorical exclusion determination, or written re-evaluation, which
should address compliance with any other applicable environmental laws,
regulations, and Executive Orders covering all planned licensed
activities in compliance with NEPA and the Council on Environmental
Quality Regulations for Implementing the Procedural Provisions of NEPA.

Subpart C--Safety Requirements

Safety Criteria

Sec.  450.101  Safety criteria.

    (a) Launch risk criteria. For any launch, an operator may initiate
the flight of a launch vehicle only if all risks to the public satisfy
the criteria in this paragraph (a). For an orbital launch, the criteria
in this paragraph apply from liftoff through orbital insertion. For a
suborbital launch, or a suborbital launch and reentry, the criteria in
this paragraph apply from liftoff through final impact or landing.
    (1) 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 flight of a launch vehicle will be determined by the
Administrator on a case-by-case basis.
    (i) The risk to all members of the public, excluding persons in
aircraft and neighboring operations personnel, must not exceed an
expected number of 1 x 10-\4\ casualties.
    (ii) The risk to all neighboring operations personnel must not
exceed an expected number of 2 x 10-\4\ casualties.
    (2) 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.
The FAA will determine whether to approve public risk due to any other
hazard associated with the proposed flight of a launch vehicle on a
case-by-case basis.
    (i) The risk to any individual member of the public, excluding
neighboring operations personnel, must not exceed a probability of
casualty of 1 x 10-\6\ per launch.
    (ii) The risk to any individual neighboring operations personnel
must not exceed a probability of casualty of 1 x 10-\5\ per
launch.
    (3) Aircraft risk. A launch 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\.
    (4) Risk to critical assets. (i) The risk to critical assets,
measured as the probability of loss of functionality, must not exceed
the following probabilities:
    (A) For each critical asset, except for a critical payload, 1 x
10-\3\ ; and
    (B) For each critical payload, 1 x 10-\4\.
    (ii) The Administrator will consult with relevant Federal agencies,
and each agency will identify, for purposes of this part, any critical
assets that the agency owns or otherwise depends on. For purposes of
this part, the Administrator will accept any identification by the
Secretary of Defense that an asset is critical to national security.
    (iii) The Administrator or Federal site operator will notify the
licensee of any risk to critical assets above the risk criteria in
paragraph (a)(4)(i) of this section.
    (iv) The Administrator may determine, in consultation with relevant
Federal agencies, that a more stringent probability is necessary to
protect the national interests of the United States.
    (v) The risk criteria in paragraph (a)(4)(i) of this section do not
apply to property, facilities, or infrastructure supporting the launch
that are within the public area distance, as defined in part 420,
appendix E, tables E1 and E2 or associated formulae, of the vehicle's
launch point.
    (b) Reentry risk criteria. For any reentry, an operator may
initiate the deorbit of a vehicle only if all risks to the public
satisfy the criteria in this paragraph (b). The following criteria
apply to each reentry, other than a suborbital reentry, from the final
health check prior to initiating deorbit through final impact or
landing:
    (1) 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 reentry vehicle will be determined by the
Administrator on a case-by-case basis.
    (i) The risk to all members of the public, excluding persons in
aircraft and neighboring operations personnel, must not exceed an
expected number of 1 x 10-\4\ casualties.
    (ii) The risk to all neighboring operations personnel must not
exceed an expected number of 2 x 10-\4\ casualties.
    (2) 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 flight
of a launch

vehicle will be determined on a case-by-case basis.
    (i) The risk to any individual member of the public, excluding
neighboring operations personnel, must not exceed a probability of
casualty of 1 x 10-\6\ per reentry.
    (ii) The risk to any individual neighboring operations personnel
must not exceed a probability of casualty of 1 x 10-\5\ per
reentry.
    (3) Aircraft risk. A reentry 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\.
    (4) Risk to critical assets. (i) The risk to critical assets,
measured as the probability of loss of functionality, must not exceed
the following probabilities:
    (A) For each critical asset, except for a critical payload, 1 x
10-\3\ ; and
    (B) For each critical payload, 1 x 10-\4\.
    (ii) The Administrator will consult with relevant Federal agencies,
and each agency will identify, for purposes of this part, any critical
assets that the agency owns or otherwise depends on. For purposes of
this part, the Administrator will accept any identification by the
Secretary of Defense that an asset is critical to national security.
    (iii) The Administrator or Federal site operator will notify the
licensee of any risk to critical assets above the risk criteria in
paragraph (b)(4)(i) of this section.
    (iv) The Administrator may determine, in consultation with relevant
Federal agencies, that a more stringent probability is necessary to
protect the national interests of the United States.
    (c) High consequence event protection. An operator must protect
against a high consequence event in uncontrolled areas for each phase
of flight by:
    (1) Using flight abort as a hazard control strategy in accordance
with the requirements of Sec.  450.108;
    (2) Ensuring the consequence of any reasonably foreseeable failure
mode, in any significant period of flight, is no greater than 1 x
10-\3\ conditional expected casualties; or
    (3) Establishing the launch or reentry vehicle has sufficient
demonstrated reliability as agreed to by the Administrator based on
conditional expected casualties criteria during that phase of flight.
    (d) Disposal safety criteria. A launch operator must ensure that
any disposal meets the criteria of paragraphs (b)(1) through (3) of
this section, or targets a broad ocean area.
    (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 and people or property on orbit, in
accordance with the requirements in Sec.  450.169(a).
    (2) For any launch vehicle stage or component that reaches Earth
orbit, a launch operator must prevent the creation of debris through
the conversion of energy sources into energy that fragments the stage
or component, in accordance with the requirements in Sec.  450.171.
    (f) Notification of planned impacts. For any launch, reentry, or
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.
    (g) Validity of the analysis. For any analysis used to demonstrate
compliance with this section, an operator must use accurate data and
scientific principles and the analysis must be statistically valid. The
method must produce results consistent with or more conservative than
the results available from previous mishaps, tests, or other valid
benchmarks, such as higher-fidelity methods.

System Safety Program

Sec.  450.103  System safety program.

    An operator must implement and document a system safety program
throughout the lifecycle of a launch or reentry system that includes
the following:
    (a) Safety organization. An operator must maintain a safety
organization that has clearly defined lines of communication and
approval authority for all public safety decisions. At a minimum, the
safety organization must have the following positions:
    (1) Mission director. For each launch or reentry, an operator must
designate a position responsible for the safe conduct of all licensed
activities and authorized to provide final approval to proceed with
licensed activities. This position is referred to as the mission
director in this part.
    (2) Safety official. For each launch or reentry, an operator must
designate a position with direct access to the mission director who
is--
    (i) Responsible for communicating potential safety and
noncompliance issues to the mission director; and
    (ii) Authorized to examine all aspects of the operator's ground and
flight safety operations, and to independently monitor compliance with
the operator's safety policies, safety procedures, and licensing
requirements.
    (3) Addressing safety official concerns. The mission director must
ensure that all of the safety official's concerns are addressed.
    (b) Hazard management. For hazard management:
    (1) An operator must implement methods to assess the system to
ensure the validity of the hazard control strategy determination and
any flight hazard or flight safety analysis throughout the lifecycle of
the launch or reentry system;
    (2) An operator must implement methods for communicating and
implementing any updates throughout the organization; and
    (3) Additionally, an operator required to conduct a flight hazard
analysis must implement a process for tracking hazards, risks,
mitigation measures, and verification activities.
    (c) Configuration management and control. An operator must--
    (1) Employ a process that tracks configurations of all safety-
critical systems and documentation related to the operation;
    (2) Ensure the use of correct and appropriate versions of systems
and documentation tracked in paragraph (c)(1) of this section; and
    (3) Document the configurations and versions identified in
paragraph (c)(2) of this section for each licensed activity.
    (d) Post-flight data review. An operator must employ a process for
evaluating post-flight data to--
    (1) Ensure consistency between the assumptions used for the hazard
control strategy determination, any flight hazard or flight safety
analyses, and associated mitigation and hazard control measures;
    (2) Resolve any inconsistencies identified in paragraph (d)(1) of
this section prior to the next flight of the vehicle;
    (3) Identify any anomaly that may impact any flight hazard
analysis, flight safety analysis, or safety-critical system, or is
otherwise material to public safety; and
    (4) Address any anomaly identified in paragraph (d)(3) of this
section prior to the next flight as necessary to ensure public safety,
including updates to any flight hazard analysis, flight safety
analysis, or safety-critical system.
    (e) Application requirements. An applicant must submit in its
application the following:
    (1) A description of the applicant's safety organization as
required by paragraph (a) of this section, identifying the applicant's
lines of communication and approval authority, both internally and
externally, for all public safety

decisions and the provision of public safety services; and
    (2) A summary of the processes and products identified in the
system safety program requirements in paragraphs (b), (c), and (d) of
this section.

Hazard Control Strategies

Sec.  450.107  Hazard control strategies.

    (a) General. To meet the safety criteria of Sec.  450.101(a), (b),
or (c) for the flight, or any phase of flight, of a launch or reentry
vehicle, an operator must use one or more of the hazard control
strategies identified in Sec.  450.108 through Sec.  450.111.
    (b) Hazard control strategy determination. For each phase of flight
during a launch or reentry, an operator must use a functional hazard
analysis to determine a hazard control strategy or strategies that
account for--
    (1) All functional failures associated with reasonably foreseeable
hazardous events that have the capability to create a hazard to the
public;
    (2) Safety-critical systems; and
    (3) A timeline of all safety-critical events.
    (c) Flight hazard analysis. An operator must conduct a flight
hazard analysis in accordance with Sec.  450.109 of this part for the
flight, or phase of flight, of a launch or reentry vehicle if the
public safety hazards cannot be mitigated adequately to meet the public
risk criteria of Sec.  450.101(a), (b), and (c) using physical
containment, wind weighting, or flight abort.
    (d) Application requirements. An applicant must submit in its
application--
    (1) The results of the hazard control strategy determination,
including--
    (i) All functional failures identified under paragraph (b)(1) of
this section;
    (ii) The identification of all safety-critical systems; and
    (iii) A timeline of all safety-critical events.
    (2) A description of its hazard control strategy or strategies for
each phase of flight.

Sec.  450.108  Flight abort.

    (a) Applicability. This section applies to the use of flight abort
as a hazard control strategy for the flight, or phase of flight, of a
launch or reentry vehicle to meet the safety criteria of Sec.  450.101.
    (b) Flight safety system. An operator must use a flight safety
system that:
    (1) Meets the requirements of Sec.  450.145 if the consequence of
any reasonably foreseeable failure mode in any significant period of
flight is greater than 1 x 10-\2\ conditional expected
casualties in uncontrolled areas; or
    (2) Meets the requirements of Sec.  450.143 if the consequence of
any reasonably foreseeable failure mode in any significant period of
flight is between 1 x 10-\2\ and 1 x 10-\3\
conditional expected casualties for uncontrolled areas.
    (c) Flight safety limits objectives. An operator must determine and
use flight safety limits that define when an operator must initiate
flight abort for each of the following--
    (1) To ensure compliance with the safety criteria of Sec.
450.101(a) and (b);
    (2) To prevent continued flight from increasing risk in
uncontrolled areas if the vehicle is unable to achieve a useful
mission;
    (3) To prevent the vehicle from entering a period of materially
increased public exposure in uncontrolled areas, including before
orbital insertion, if a critical vehicle parameter is outside its pre-
established expected range or indicates an inability to complete flight
within the limits of a useful mission;
    (4) To prevent conditional expected casualties greater than 1 x
10-\2\ in uncontrolled areas due to flight abort or due to
flight outside the limits of a useful mission from any reasonably
foreseeable off-trajectory failure mode in any significant period of
flight; and
    (5) To prevent the vehicle state from reaching identified
conditions that are anticipated to compromise the capability of the
flight safety system if further flight has the potential to violate a
flight safety limit.
    (6) In lieu of paragraphs (c)(2) and (4) of this section, to
prevent debris capable of causing a casualty due to any hazard from
affecting uncontrolled areas using a flight safety system that complies
with Sec.  450.145.
    (d) Flight safety limits constraints. An operator must determine
flight safety limits that--
    (1) Account for temporal and geometric extents on the Earth's
surface of any reasonably foreseeable vehicle hazards under all
reasonably foreseeable conditions during normal and malfunctioning
flight;
    (2) Account for physics of hazard generation and transport
including uncertainty;
    (3) Account for the potential to lose valid data necessary to
evaluate the flight abort rules;
    (4) Account for the time delay, including uncertainties, between
the violation of a flight abort rule and the time when the flight
safety system is expected to activate;
    (5) Account in individual, collective, and conditional risk
evaluations both for proper functioning of the flight safety system and
failure of the flight safety system;
    (6) Are designed to avoid flight abort that results in increased
collective risk to the public in uncontrolled areas, compared to
continued flight; and
    (7) Ensure that any trajectory within the limits of a useful
mission that is permitted to fly without abort would meet the
collective risk criteria of Sec.  450.101(a)(1) or (b)(1) when analyzed
as if it were the planned mission in accordance with Sec.
450.213(b)(2).
    (e) End of flight abort. A flight does not need to be aborted to
protect against high consequence events in uncontrolled areas beginning
immediately after critical vehicle parameters are validated, if the
vehicle is able to achieve a useful mission and the following
conditions are met for the remainder of flight:
    (1) Flight abort would not materially decrease the risk from a high
consequence event; and
    (2) There are no key flight safety events.
    (f) Flight abort rules. For each launch or reentry, an operator
must establish and observe flight abort rules that govern the conduct
of the launch or reentry as follows.
    (1) Vehicle data required to evaluate flight abort rules must be
available to the flight safety system under all reasonably foreseeable
conditions during normal and malfunctioning flight.
    (2) The flight safety system must abort flight:
    (i) When valid, real-time data indicate the vehicle has violated
any flight safety limit developed in accordance with this section;
    (ii) When the vehicle state approaches identified conditions that
are anticipated to compromise the capability of the flight safety
system and further flight has the potential to violate a flight safety
limit; and
    (iii) In accordance with methods used to satisfy (d)(3) of this
section, if tracking data is invalid and further flight has the
potential to violate a flight safety limit.
    (g) Application requirements. An applicant must submit in its
application the following:
    (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.
    (2) A description of how each flight safety limit and flight abort
rule is evaluated and implemented during vehicle flight, including the
quantitative

criteria that will be used, a description of any critical parameters,
and how the values required in paragraphs (c)(3) and (e) of this
section are identified;
    (3) A graphic depiction or series of depictions of flight safety
limits for a representative mission together with the launch or landing
point, all uncontrolled area boundaries, the nominal trajectory,
extents of normal flight, and limits of a useful mission trajectories,
with all trajectories in the same projection as each of the flight
safety limits; and
    (4) A description of the vehicle data that will be available to
evaluate flight abort rules under all reasonably foreseeable conditions
during normal and malfunctioning flight.

Sec.  450.109  Flight hazard analysis.

    (a) Applicability. This section applies to the use of a flight
hazard analysis as a hazard control strategy to derive hazard controls
for the flight, or phase of flight, of a launch or reentry vehicle.
Hazards associated with computing systems and software are further
addressed in Sec.  450.141.
    (b) Analysis. A flight hazard analysis must identify, describe, and
analyze all reasonably foreseeable hazards to public safety resulting
from the flight of a launch or reentry vehicle. Each flight hazard
analysis must--
    (1) Identify all reasonably foreseeable hazards, and the
corresponding failure mode for each hazard, associated with the launch
or reentry system relevant to public safety, including those resulting
from:
    (i) Vehicle operation, including staging and release;
    (ii) System, subsystem, and component failures or faults;
    (iii) Software operations;
    (iv) Environmental conditions;
    (v) Human factors;
    (vi) Design inadequacies;
    (vii) Procedure deficiencies;
    (viii) Functional and physical interfaces between subsystems,
including any vehicle payload;
    (ix) Reuse of components or systems; and
    (x) Interactions of any of the above.
    (2) Assess each hazard's likelihood and severity.
    (3) Ensure that the likelihood of any hazardous condition that may
cause death or serious injury to the public is extremely remote.
    (4) Identify and describe the risk elimination and mitigation
measures required to satisfy paragraph (b)(3) of this section.
    (5) Document that the risk elimination and mitigation measures
achieve the risk level of paragraph (b)(3) of this section through
validation and verification. Verification includes:
    (i) Analysis;
    (ii) Test;
    (iii) Demonstration; or
    (iv) Inspection.
    (c) New Hazards. An operator must establish and document the
criteria and techniques for identifying new hazards throughout the
lifecycle of the launch or reentry system.
    (d) Completeness Prior to Flight. For every launch or reentry, the
flight hazard analysis must be complete and all hazards must be
mitigated to an acceptable level in accordance with paragraph (b)(3) of
this section.
    (e) Updates. An operator must continually update the flight hazard
analysis throughout the lifecycle of the launch or reentry system.
    (f) Application requirements. An applicant must submit in its
application the following:
    (1) Flight hazard analysis products of paragraphs (b)(1) through
(5) of this section, including data that verifies the risk elimination
and mitigation measures resulting from the applicant's flight hazard
analyses required by paragraph (b)(5) of this section; and
    (2) The criteria and techniques for identifying new hazards
throughout the lifecycle of the launch or reentry system as required by
paragraph (c) of this section.

Sec.  450.110  Physical containment.

    (a) Applicability. This section applies to the use of physical
containment as a hazard control strategy for the flight, or phase of
flight, of a launch or reentry vehicle to meet the safety criteria of
Sec.  450.101(a), (b), and (c).
    (b) Containment. To use physical containment as a hazard control
strategy, an operator must--
    (1) Develop the flight hazard area in accordance with Sec.
450.133;
    (2) Ensure that the launch vehicle does not have sufficient energy
for any hazards associated with its flight to reach outside the flight
hazard area;
    (3) Ensure the hazard area is clear of the public and critical
assets; and
    (4) Apply other mitigation measures necessary to ensure no public
or critical asset exposure to hazards, such as control of public access
or wind placards.
    (c) Application requirements. An applicant must submit in its
application the following:
    (1) A demonstration that the launch vehicle does not have
sufficient energy for any hazards associated with its flight to reach
outside the flight hazard area developed in accordance with Sec.
450.133; and
    (2) A description of the methods used to ensure that flight hazard
areas are cleared of the public and critical assets.

Sec.  450.111  Wind weighting.

    (a) Applicability. This section applies to the use of wind
weighting as a hazard control strategy for the flight of an unguided
suborbital launch vehicle to meet the safety criteria of Sec.
450.101(a), (b), and (c).
    (b) Wind weighting safety system. The flight of an unguided
suborbital launch vehicle that uses a wind weighting safety system must
meet the following:
    (1) The launcher azimuth and elevation settings must be wind
weighted to correct for the effects of wind conditions at the time of
flight to provide impact locations that will ensure compliance with the
safety criteria in Sec.  450.101; and
    (2) An operator must use launcher azimuth and elevation angle
settings that ensures the rocket will not fly in an unintended
direction accounting for uncertainties in vehicle and launcher design
and manufacturing, and atmospheric uncertainties.
    (c) Analysis. An operator must--
    (1) Establish flight commit criteria and other flight safety rules
that control the risk to the public from potential adverse effects
resulting from normal and malfunctioning flight;
    (2) Establish any wind constraints under which flight may occur;
and
    (3) Conduct a wind weighting analysis that establishes the launcher
azimuth and elevation settings that correct for the windcocking and
wind-drift effects on the unguided suborbital launch vehicle.
    (d) Stability. An unguided suborbital launch vehicle, in all
configurations, must be stable throughout each stage of powered flight.
    (e) Application requirements. An applicant must submit in its
application the following:
    (1) A description of its wind weighting analysis methods, including
its method and schedule of determining wind speed and wind direction
for each altitude layer;
    (2) A description of its wind weighting safety system including all
equipment used to perform the wind weighting analysis; and
    (3) A representative wind weighting analysis using actual or
statistical winds for the launch area and samples of the output.

Flight Safety Analyses

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 paragraph (b) of this section,
as follows--
    (1) For orbital launch, from liftoff through orbital insertion, and
through all component impacts or landings;
    (2) For suborbital launch, from liftoff through all component
impacts or landings;
    (3) For disposal, from the initiation of the deorbit through final
impact; and
    (4) For reentry, from the initiation of the deorbit through all
component impacts or landing.
    (b) An operator is not required to perform and document a flight
safety analysis for a phase of flight if agreed to by the Administrator
based on demonstrated reliability. An operator demonstrates reliability
by using operational and flight history to show compliance with the
risk criteria in Sec.  450.101(a) and (b).

Sec.  450.115  Flight safety analysis methods.

    (a) Scope of the analysis. An operator's flight safety analysis
method must account for all reasonably foreseeable events and failures
of safety-critical systems during nominal and non-nominal launch or
reentry that could jeopardize public safety.
    (b) Level of fidelity of the analysis. An operator's flight safety
analysis method must have a level of fidelity sufficient to--
    (1) Demonstrate that any risk to the public satisfies the safety
criteria of Sec.  450.101, including the use of mitigations, accounting
for all known sources of uncertainty, using a means of compliance
accepted by the Administrator; and
    (2) Identify the dominant source of each type of public risk with a
criterion in Sec.  450.101(a) or (b) in terms of phase of flight,
source of hazard (such as toxic exposure, inert, or explosive debris),
and failure mode.
    (c) Application requirements. An applicant must submit a
description of the flight safety analysis methodology, including
identification of:
    (1) The scientific principles and statistical methods used;
    (2) All assumptions and their justifications;
    (3) The rationale for the level of fidelity;
    (4) The evidence for validation and verification required by Sec.
450.101(g);
    (5) The extent to which the benchmark conditions are comparable to
the foreseeable conditions of the intended operations; and
    (6) The extent to which risk mitigations were accounted for in the
analyses.

Sec.  450.117  Trajectory analysis for normal flight.

    (a) General. A flight safety analysis must include a trajectory
analysis that establishes, for any phase of flight within the scope as
provided by Sec.  450.113(a), the limits of a launch or reentry
vehicle's normal flight as defined by the nominal trajectory, and the
following sets of trajectories sufficient to characterize variability
and uncertainty during normal flight:
    (1) A set of trajectories to characterize variability. This set
must describe how the intended trajectory could vary due to conditions
known prior to initiation of flight; and
    (2) A set of trajectories to characterize uncertainty. This set
must describe how the actual trajectory could differ from the intended
trajectory due to random uncertainties in all parameters with a
significant influence on the vehicle's behavior throughout normal
flight.
    (b) Trajectory model. A final trajectory analysis must use a six-
degree of freedom trajectory model to satisfy the requirements of
paragraph (a) of this section.
    (c) Atmospheric effects. A trajectory analysis must account for
atmospheric conditions that have an effect on the trajectory, including
atmospheric profiles that are no less severe than the worst conditions
under which flight might be attempted, and for uncertainty in the
atmospheric conditions.
    (d) Application requirements. An applicant must submit the
following:
    (1) A description of the methods used to characterize the vehicle's
flight behavior throughout normal flight, in accordance with Sec.
450.115(c).
    (2) The quantitative input data, including uncertainties, used to
model the vehicle's normal flight in six degrees of freedom.
    (3) The worst atmospheric conditions under which flight might be
attempted, and a description of how the operator will evaluate the
atmospheric conditions and uncertainty in the atmospheric conditions
prior to initiating the operation;
    (4) Representative normal flight trajectory analysis outputs,
including the position velocity, and orientation for each second of
flight for--
    (i) The nominal trajectory;
    (ii) A set of trajectories that characterize variability in the
intended trajectory based on conditions known prior to initiation of
flight; and
    (iii) A set of trajectories that characterize how the actual
trajectory could differ from the intended trajectory due to random
uncertainties.

Sec.  450.119  Trajectory analysis for malfunction flight.

    (a) General. A flight safety analysis must include a trajectory
analysis that establishes--
    (1) The vehicle's deviation capability in the event of a
malfunction during flight,
    (2) The trajectory dispersion resulting from reasonably foreseeable
malfunctions, and
    (3) For vehicles using flight abort as a hazard control strategy
under Sec.  450.108, trajectory data or parameters that describe the
limits of a useful mission. The FAA does not consider the collection of
data related to a failure to be a useful mission.
    (b) Analysis constraints. A malfunction trajectory analysis must
account for each cause of a malfunction flight, including software and
hardware failures, for every period of normal flight. The analysis for
each type of malfunction must have sufficient temporal and spatial
resolution to establish flight safety limits, if any, and individual
risk contours that are smooth and continuous. The analysis must account
for--
    (1) The relative probability of occurrence of each malfunction;
    (2) The probability distribution of position and velocity of the
vehicle when each malfunction trajectory will terminate due to vehicle
breakup, ground impact, or orbital insertion along with the cause of
termination and the state of the vehicle;
    (3) The parameters with a significant influence on a vehicle's
flight behavior from the time a malfunction begins to cause a flight
deviation until the time each malfunction trajectory will terminate due
to vehicle breakup, ground impact, or orbital insertion; and
    (4) The potential for failure of the flight safety system, if any.
    (c) Application requirements. An applicant must submit--
    (1) A description of the methodology used to characterize the
vehicle's flight behavior throughout malfunction flight, in accordance
with Sec.  450.115(c).
    (2) A description of the methodology used to determine the limits
of a useful mission, in accordance with Sec.  450.115(c).
    (3) A description of the input data used to characterize the
vehicle's malfunction flight behavior, including:
    (i) A list of each cause of malfunction flight considered;
    (ii) A list of each type of malfunction flight for which
malfunction flight behavior was characterized; and
    (iii) A quantitative description of the parameters, including
uncertainties, with a significant influence on the

vehicle's malfunction behavior for each type of malfunction flight
characterized.
    (4) Representative malfunction flight trajectory analysis outputs,
including the position and velocity as a function of flight time for--
    (i) Each set of trajectories that characterizes a type of
malfunction flight;
    (ii) The probability of each set of trajectories that characterizes
a type of malfunction flight; and
    (iii) A set of trajectories that characterizes the limits of a
useful mission as described in paragraph (a)(3) of this section.

Sec.  450.121  Debris analysis.

    (a) General. A flight safety analysis must include an analysis
characterizing the hazardous debris generated from normal and
malfunctioning vehicle flight as a function of vehicle flight sequence.
    (b) Vehicle impact and breakup analysis. A debris analysis must
account for:
    (1) Each reasonably foreseeable cause of vehicle breakup and intact
impact,
    (2) Vehicle structural characteristics and materials, and
    (3) Energetic effects during break-up or at impact.
    (c) Propagation of debris. A debris analysis must compute
statistically valid debris impact probability distributions. The
propagation of debris from each predicted breakup location to impact
must account for--
    (1) All foreseeable forces that can influence any debris impact
location; and
    (2) All foreseeable sources of impact dispersion, including, at a
minimum:
    (i) The uncertainties in atmospheric conditions;
    (ii) Debris aerodynamic parameters, including uncertainties;
    (iii) Pre-breakup position and velocity, including uncertainties;
and
    (iv) Breakup-imparted velocities, including uncertainties.
    (d) Application requirements. An applicant must submit:
    (1) A description of all scenarios that can lead to hazardous
debris;
    (2) A description of the methods used to perform the vehicle impact
and breakup analysis, in accordance with Sec.  450.115(c);
    (3) A description of the methods used to compute debris impact
distributions, in accordance with Sec.  450.115(c);
    (4) A description of the atmospheric data used as input to the
debris analysis; and
    (5) A quantitative description of the physical, aerodynamic, and
harmful characteristics of hazardous debris.

Sec.  450.123  Population exposure analysis.

    (a) General. A flight safety analysis must account for the
distribution of people for the entire region where there is a
significant probability of impact of hazardous debris.
    (b) Constraints. The exposure analysis must--
    (1) Characterize the distribution of people both geographically and
temporally;
    (2) Account for the distribution of people among structures and
vehicle types;
    (3) Use reliable, accurate, and timely source data; and
    (4) Account for vulnerability of people to hazardous debris
effects.
    (c) Application requirements. An applicant must submit:
    (1) A description of the methods used to develop the exposure input
data in accordance with Sec.  450.115(c), and
    (2) Complete population exposure data, in tabular form.

Sec.  450.131  Probability of failure analysis.

    (a) General. For each hazard and phase of flight, a flight safety
analysis for a launch or reentry must account for vehicle failure
probability. The probability of failure must be consistent for all
hazards and phases of flight.
    (1) For a vehicle or vehicle stage with fewer than two flights, the
failure probability estimate must account for the outcome of all
previous flights of vehicles developed and launched or reentered in
similar circumstances.
    (2) For a vehicle or vehicle stage with two or more flights,
vehicle failure probability estimates must account for the outcomes of
all previous flights of the vehicle or vehicle stage in a statistically
valid manner. The outcomes of all previous flights of the vehicle or
vehicle stage must account for data on any mishap and anomaly.
    (b) Failure. For flight safety analysis purposes, a failure occurs
when a vehicle does not complete any phase of normal flight or when any
anomalous condition exhibits the potential for a stage or its debris to
impact the Earth or reenter the atmosphere outside the normal
trajectory envelope during the mission or any future mission of similar
vehicle capability.
    (c) Previous flight. For flight safety analysis purposes--
    (1) The flight of a launch vehicle begins at a time in which a
launch vehicle lifts off from the surface of the Earth; and
    (2) The flight of a reentry vehicle or deorbiting upper stage
begins at a time in which a vehicle attempts to initiate a reentry.
    (d) Allocation. The vehicle failure probability estimate must be
distributed across flight phases and failure modes. The distribution
must be consistent with--
    (1) The data available from all previous flights of vehicles
developed and launched or reentered in similar circumstances; and
    (2) Data from previous flights of vehicles, stages, or components
developed and launched, reentered, flown, or tested by the subject
vehicle developer or operator. Such data may include previous
experience involving similar--
    (i) Vehicle, stage, or component design characteristics;
    (ii) Development and integration processes, including the extent of
integrated system testing; and
    (iii) Level of experience of the vehicle operation and development
team members.
    (e) Observed vs. conditional failure rate. Probability of failure
allocation must account for significant differences in the observed
failure rate and the conditional failure rate. A probability of failure
analysis must use a constant conditional failure rate for each phase of
flight, unless there is clear and convincing evidence of a different
conditional failure rate for a particular vehicle, stage, or phase of
flight.
    (f) Application requirements. An applicant must submit:
    (1) A description of the methods used in probability of failure
analysis, in accordance with Sec.  450.115(c); and
    (2) A representative set of tabular data and graphs of the
predicted failure rate and cumulative failure probability for each
foreseeable failure mode.

Sec.  450.133  Flight hazard area analysis.

    (a) General. A flight safety analysis must include a flight hazard
area analysis that identifies any region of land, sea, or air that must
be surveyed, publicized, controlled, or evacuated in order to control
the risk to the public. The analysis must account for, at a minimum--
    (1) The regions of land, sea, and air potentially exposed to
hazardous debris generated during normal flight events and all
reasonably foreseeable failure modes;
    (2) Any hazard controls implemented to control risk from any
hazard;
    (3) The limits of a launch or reentry vehicle's normal flight,
including--
    (i) Atmospheric conditions that are no less severe than the worst
atmospheric conditions under which flight might be attempted; and
    (ii) Uncertainty in the atmospheric conditions;
    (4) All hazardous debris;
    (5) Sources of debris dispersion in accordance with Sec.
450.121(c); and

    (6) A probability of one for any planned debris hazards or planned
impacts.
    (b) Waterborne vessel hazard areas. The flight hazard area analysis
for waterborne vessels must determine the areas and durations for
regions of water--
    (1) That are necessary to contain, with 97 percent probability of
containment, all debris resulting from normal flight events capable of
causing a casualty to persons on waterborne vessels;
    (2) That are necessary to contain either where the probability of
debris capable of causing a casualty impacting on or near a vessel
would exceed 1 x 10-\5\, accounting for all relevant
hazards, or where the individual probability of casualty for any person
on board a vessel would exceed the individual risk criteria in Sec.
450.101(a)(2) or (b)(2); and
    (3) Where reduced vessel traffic is necessary to meet the
collective risk criteria in Sec.  450.101(a)(1) or (b)(1).
    (c) Land hazard areas. The flight hazard area analysis for land
must determine the durations and areas regions of land--
    (1) That are necessary to contain, with 97 percent probability of
containment, all debris resulting from normal flight events capable of
causing a casualty to any person on land;
    (2) Where the individual probability of casualty for any person on
land would exceed the individual risk criteria in Sec.  450.101(a)(2)
or (b)(2); and
    (3) Where reduced population is necessary to meet the collective
risk criteria in Sec.  450.101(a)(1) or (b)(1).
    (d) Airspace hazard volumes. The flight hazard area analysis for
airspace must determine the durations and volumes for regions of air to
be submitted to the FAA for approval--
    (1) That are necessary to contain, with 97 percent probability of
containment, all debris resulting from normal flight events capable of
causing a casualty to persons on an aircraft; and
    (2) Where the probability of impact on an aircraft would exceed the
aircraft risk criterion in Sec.  450.101(a)(3) or (b)(3).
    (e) Application requirements. An applicant must submit:
    (1) A description of the methodology to be used in the flight
hazard area analysis in accordance with Sec.  450.115(c), including:
    (i) Classes of waterborne vessel and vulnerability criteria
employed; and
    (ii) Classes of aircraft and vulnerability criteria employed.
    (2) Tabular data and graphs of the results of the flight hazard
area analysis, including:
    (i) Geographical coordinates of all hazard areas that are
representative of those to be published, in accordance with Sec.
450.161, prior to any proposed operation;
    (ii) Representative 97 percent probability of containment contours
for all debris resulting from normal flight events capable of causing a
casualty for all locations specified in paragraph (a) of this section;
    (iii) Representative individual probability of casualty contours
for all locations specified in paragraph (a) of this section, including
tabular data and graphs showing the hypothetical location of any member
of the public that could be exposed to a probability of casualty of 1 x
10-\5\ or greater for neighboring operations personnel, and
1 x 10-\6\ or greater for other members of the public, given
all foreseeable conditions within the flight commit criteria;
    (iv) If applicable, representative 1 x 10-\5\ and 1 x
10-\6\ probability of impact contours for all debris capable
of causing a casualty to persons on a waterborne vessel regardless of
location; and
    (v) Representative 1 x 10-\6\ and 1 x 10-\7\
probability of impact contours for all debris capable of causing a
casualty to persons on an aircraft regardless of location.

Sec.  450.135  Debris risk analysis.

    (a) General. A flight safety analysis must include a debris risk
analysis that demonstrates compliance with safety criteria in Sec.
450.101, either--
    (1) Prior to the day of the operation, accounting for all
foreseeable conditions within the flight commit criteria; or
    (2) During the countdown using the best available input data,
including flight commit criteria and flight abort rules.
    (b) Casualty area and consequence analysis. A debris risk analysis
must model the casualty area, and compute the predicted consequences of
each reasonably foreseeable failure mode in any significant period of
flight in terms of conditional expected casualties. The casualty area
and consequence analysis must account for--
    (1) All relevant debris fragment characteristics and the
characteristics of a representative person exposed to any potential
debris hazard;
    (2) Statistically-valid debris impact probability distributions;
    (3) Any impact or effects of hazardous debris; and
    (4) The vulnerability of people to debris impact or effects,
including:
    (i) Effects of buildings, ground vehicles, waterborne vessel, and
aircraft upon the vulnerability of any occupants;
    (ii) Effect of atmospheric conditions on debris impact and effects;
    (iii) Impact speed and angle, accounting for motion of impacted
vehicles;
    (iv) Uncertainty in input data, such as fragment impact parameters;
and
    (v) Uncertainty in modeling methodology.
    (c) Application requirements. An applicant must submit:
    (1) A description of the methods used to demonstrate compliance
with the safety criteria in Sec.  450.101, in accordance with Sec.
450.115(c), including a description of how the operator will account
for the conditions immediately prior to enabling the flight of a launch
vehicle or the reentry of a reentry vehicle, such as the final
trajectory, atmospheric conditions, and the exposure of people;
    (2) A description of the atmospheric data used as input to the
debris risk analysis;
    (3) The effective unsheltered casualty area for all fragment
classes, assuming a representative impact vector;
    (4) The effective casualty area for all fragment classes for a
representative type of building, ground vehicle, waterborne vessel, and
aircraft, assuming a representative impact vector;
    (5) Collective and individual debris risk analysis outputs under
representative conditions and the worst foreseeable conditions,
including:
    (i) Total collective casualty expectation for the proposed
operation;
    (ii) A list of the collective risk contribution for at least the
top ten population centers and all centers with collective risk
exceeding 1 percent of the collective risk criteria in Sec.
450.101(a)(1) or (b)(1);
    (iii) A list of the maximum individual probability of casualty for
the top ten population centers and all centers that exceed 10 percent
of the individual risk criteria in Sec.  450.101(a)(2) or (b)(2); and
    (iv) A list of the conditional collective casualty expectation for
each failure mode for each significant period of flight under
representative conditions and the worst foreseeable conditions.

Sec.  450.137  Far-field overpressure blast effects analysis.

    (a) General. A flight safety analysis must include a far-field
overpressure blast effect analysis that demonstrates compliance with
safety criteria in Sec.  450.101, either--
    (1) Prior to the day of the operation, accounting for all
foreseeable conditions within the flight commit criteria; or
    (2) During the countdown using the best available input data,
including flight commit criteria and flight abort rules.

    (b) Analysis constraints. The analysis must account for--
    (1) The explosive capability of the vehicle and hazardous debris at
impact and at altitude;
    (2) The potential influence of meteorological conditions and
terrain characteristics; and
    (3) The potential for broken windows due to peak incident
overpressures below 1.0 psi and related casualties based on the
characteristics of exposed windows and the population's susceptibility
to injury, with considerations including, at a minimum, shelter types,
window types, and the time of day of the proposed operation.
    (c) Application requirements. An applicant must submit a
description of the far-field overpressure analysis, including all
assumptions and justifications for the assumptions, analysis methods,
input data, and results. At a minimum, the application must include:
    (1) A description of the population centers, terrain, building
types, and window characteristics used as input to the far-field
overpressure analysis;
    (2) A description of the methods used to compute the foreseeable
explosive yield probability pairs, 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, 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, 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, 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;
    (6) Tabular data and graphs showing the hypothetical location of
any member of the public that could be exposed to a probability of
casualty of 1 x 10-\5\ or greater for neighboring operations
personnel, and 1 x 10-\6\ or greater for other members of
the public, given foreseeable conditions;
    (7) The maximum expected casualties that could result from far-
field overpressure hazards given foreseeable conditions; and
    (8) A description of the meteorological measurements used as input
to any real-time far-field overpressure analysis.

Sec.  450.139  Toxic hazards for flight.

    (a) Applicability. (1) Except as specified in paragraph (a)(2),
this section applies to any launch or reentry vehicle, including all
vehicle components and payloads, that use toxic propellants or other
toxic chemicals.
    (2) No toxic release hazard analysis is required for kerosene-based
fuels, unless the Administrator determines that an analysis is required
to protect public safety.
    (b) General. An operator must--
    (1) Conduct a toxic release hazard analysis in accordance with
paragraph (c) of this section;
    (2) Manage the risk of casualties that could arise from the
exposure to toxic release through one of the following means:
    (i) Contain hazards caused by toxic release in accordance with
paragraph (d) of this section; or
    (ii) Perform a toxic risk assessment, in accordance with paragraph
(e) of this section, that protects the public in compliance with the
safety criteria of Sec.  450.101, including toxic release hazards.
    (3) Establish flight commit criteria based on the results of its
toxic release hazard analysis and toxic containment or toxic risk
assessment for any necessary evacuation of the public from any toxic
hazard area.
    (c) Toxic release hazard analysis. A toxic release hazard analysis
must--
    (1) Account for any toxic release that could occur during nominal
or non-nominal flight;
    (2) Include a worst-case release scenario analysis or a maximum-
credible release scenario analysis for each process that involves a
toxic propellant or other chemical;
    (3) Determine if toxic release can occur based on an evaluation of
the chemical compositions and quantities of propellants, other
chemicals, vehicle materials, and projected combustion products, and
the possible toxic release scenarios;
    (4) Account for both normal combustion products and any unreacted
propellants and phase change or chemical derivatives of released
substances; and
    (5) Account for any operational constraints and emergency
procedures that provide protection from toxic release.
    (d) Toxic containment. An operator using toxic containment must
manage the risk of any casualty from the exposure to toxic release
either by--
    (1) Evacuating, or being prepared to evacuate, the public from any
toxic hazard area in the event of a worst-case release or maximum-
credible release scenario; or
    (2) Employing meteorological constraints to limit an operation to
times during which prevailing winds and other conditions ensure that
any member of the public would not be exposed to toxic concentrations
and durations greater than accepted toxic thresholds for acute casualty
in the event of a worst-case release or maximum-credible release
scenario.
    (e) Toxic risk assessment. An operator using toxic risk assessment
must establish flight commit criteria that demonstrate compliance with
the safety criteria of Sec.  450.101. A toxic risk assessment must--
    (1) Account for airborne concentration and duration thresholds of
toxic propellants or other chemicals. For any toxic propellant, other
chemicals, or combustion product, an operator must use airborne toxic
concentration and duration thresholds identified in a means of
compliance accepted by the Administrator;
    (2) Account for physical phenomena expected to influence any toxic
concentration and duration in the area surrounding the potential
release site;
    (3) Determine a toxic hazard area for the launch or reentry,
surrounding the potential release site for each toxic propellant or
other chemical based on the amount and toxicity of the propellant or
other chemical, the exposure duration, and the meteorological
conditions involved;
    (4) Account for all members of the public who may be exposed to the
toxic release, including all members of the public on land and on any
waterborne vessels, populated offshore structures, and aircraft that
are not operated in direct support of the launch or reentry; and
    (5) Account for any risk mitigation measures applied in the risk
assessment.
    (f) Application requirements. An applicant must submit:
    (1) The identity of toxic propellant, chemical, or combustion
products or derivatives in the possible toxic release;
    (2) The applicant's selected airborne toxic concentration and
duration thresholds;

    (3) The meteorological conditions for the atmospheric transport and
buoyant cloud rise of any toxic release from its source to downwind
receptor locations;
    (4) Characterization of the terrain, as input for modeling the
atmospheric transport of a toxic release from its source to downwind
receptor locations;
    (5) The identity of the toxic dispersion model used, and any other
input data;
    (6) Representative results of an applicant's toxic dispersion
modeling to predict concentrations and durations at selected downwind
receptor locations, to determine the toxic hazard area for a released
quantity of the toxic substance;
    (7) A toxic release hazard analysis in accordance with paragraph
(c) of this section:
    (i) A description of the failure modes and associated relative
probabilities for potential toxic release scenarios used in the risk
evaluation; and
    (ii) The methodology and 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) In accordance with Sec.  450.139(b)(2),
    (i) A toxic containment in accordance with paragraph (d) of this
section, identify the evacuation plans or meteorological constraints
and associated launch commit criteria needed to ensure that the public
will not be within a toxic hazard area in the event of a worst-case
release or maximum-credible release scenario; or
    (ii) A toxic risk assessment in accordance with paragraph (e) of
this section:
    (A) A demonstration that the safety criteria in Sec.  450.101 will
be met;
    (B) The population characteristics in receptor locations that are
identified by toxic dispersion modeling as toxic hazard areas;
    (C) A description of any risk mitigations applied in the toxic risk
assessment; and
    (D) A description of the population exposure input data used in
accordance with Sec.  450.123.

Prescribed Hazard Controls for Safety-Critical Hardware and Computing
Systems

Sec.  450.141  Computing systems.

    (a) Identification of computing system safety items. An operator
must identify: