[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Proposed Rules]
[Pages 56546-56563]
[FR Doc No: 2023-16858]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 413, 415, 431, 435, 437, 440, 450, and 460

[Docket No.: FAA-2023-1656; Notice No. 23-11]
RIN 2120-AL19

U.S. Commercial Space Launch Competitiveness Act Incorporation

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposed rule would incorporate various changes required
by the United States Commercial Space Launch Competitiveness Act of
November 2015. This proposed rule would provide regulatory clarity to
applicants seeking licenses for space flight operations involving
government astronauts by adding two new subparts to the human space
flight regulations containing requirements for operators with
government astronauts with and without safety-critical roles on board
vehicles. The proposed rule would also require an operator to
demonstrate any government astronauts on board can perform their role
in safety-critical tasks. This proposed requirement would maintain
public safety by ensuring operators provide mission specific training
on safety-critical tasks to government astronauts, as has been done in
the NASA Commercial Crew Program. The proposed rule would also update
definitions relating to commercial space launch and reentry vehicles
and occupants to reflect current legislative definitions, expand
applicability of permitted operations for reusable suborbital rockets
to include reusable launch vehicles that will be launched into a
suborbital trajectory or reentered from a suborbital trajectory, as
well as implement clarifications to financial responsibility
requirements in accordance with the United States Commercial Space
Launch Competitiveness Act. Finally, this proposed rule would move the
templates for waiver of claims to an advisory circular.

DATES: Comments are due on or before October 17, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1656
using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edits, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Charles Huet, Space Policy Division,
Space Regulations and Standards Branch, ASZ-210, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and codified at
51 U.S.C. 50901-50923 (the Act), authorizes the Secretary of
Transportation to oversee, license, and regulate commercial launch and
reentry activities, and the operation of launch and reentry sites
within the United States (U.S.) or as carried out by U.S. citizens.
Section 50905 directs the Secretary to exercise this responsibility
consistent with public health and safety, safety of property, and the
national security and foreign policy interests of the U.S. In addition,
section 50903 directs the Secretary to encourage, facilitate, and
promote private sector commercial space launches and reentries. As
codified in 49 CFR 1.83(b), the Secretary has delegated authority to
the FAA Administrator to carry out these functions.

I. Overview

    This proposed rule would amend title 14 of the Code of Federal
Regulations (14 CFR) parts 401, 413, 415, 431, 435, 437, 440, 450, and
460 by incorporating statutory changes resulting from the United States
Commercial Space Launch Competitiveness Act (CSLCA).\1\ This rule
proposes to add definitions for ``Government astronaut,''
``International partner astronaut,'' and ``International Space Station
Intergovernmental Agreement'' and would also revise other definitions
required to address the addition of ``Government astronaut.'' This
proposed rule would also: (1) expand applicability of permitted
operations for suborbital rockets to suborbital launch and reentry
vehicles (2) revise the human space flight sections of parts 415, 431,
435, 437, and 450 to include the term ``human being'' in order to
incorporate government astronauts; (3) update the financial
responsibility requirements in part 440 to exclude government
astronauts from the definitions of ``Third party'' and ``Government
personnel'' in part 440; (4) add space flight participants to the
insurance requirements in Sec.  440.9, and the reciprocal waiver of
claims requirements in Sec.  440.17; and (5) remove the templates for
waiver of claims and assumption of responsibilities in appendices B
through

E of part 440 from the regulations and place them in a separate
advisory circular (AC). Finally, this rule would create two new
subparts in 14 CFR part 460 to include proposed requirements for
operators and applicants whose licensed or permitted operations involve
government astronauts with and without safety-critical roles on board a
vehicle.
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    \1\ Public Law 114-90, sections 103, 104, 107, and 112.
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II. Background

A. National Aeronautics and Space Administration's Commercial Crew
Program

    The National Aeronautics and Space Administration (NASA) Commercial
Crew Program provides human transportation between the U.S. and the
International Space Station (ISS) through the purchase of
transportation services from American commercial launch providers. It
has resulted in NASA astronauts flying on board licensed commercial
vehicles to or from the ISS since 2020. A new generation of spacecraft
and launch systems capable of carrying government astronauts to low-
Earth orbit and the ISS provides expanded utility, additional research
time, and broader opportunities for discovery on the ISS. The
Commercial Crew Program represents a revolutionary approach to
government and commercial collaborations for the advancement of space
exploration.
    NASA--including Johnson Space Center and Kennedy Space Center--and
the FAA have previously discussed the statutory and regulatory
definitions that apply to NASA astronauts riding on board Commercial
Crew Program-provided spacecraft and the associated roles and
responsibilities of both agencies. These discussions led NASA and the
FAA to establish the NASA-FAA Joint Legal Working Group in January
2012. This working group eventually contributed to a series of
recommendations NASA provided to Congress in proposed legislation. As
detailed below, title 51 did not effectively accommodate NASA
astronauts flying on commercially owned and operated spacecraft. NASA
and the FAA jointly determined that the legal definitions for crew and
space flight participants were insufficient to accommodate the role of
government astronauts on board Commercial Crew missions. The agencies
agreed that a change to legislation would be needed to support the
success of its Commercial Crew Program and to support commercial human
space flight endeavors in general.\2\
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    \2\ Interpretation Concerning Involvement of NASA Astronauts
During a Licensed Launch or Reentry. 78 FR 72011 (2013).
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B. Issues With Categorizing NASA Astronauts as ``Space Flight
Participants'' or ``Crew''

    Before the passage of the CSLCA in 2015, title 51--and by extension
FAA regulations codifying the statutes--only contemplated two
categories of persons carried on board FAA-licensed launch and reentry
vehicles: ``crew'' and ``space flight participants.'' These
designations were problematic for NASA astronauts for several reasons.
``Crew'' was defined as any employee of a licensee or transferee, or of
a contractor or subcontractor of a licensee or transferee, who performs
activities in the course of that employment directly relating to the
launch, reentry, or other operation of or in a launch vehicle or
reentry vehicle that carries human beings.\3\ A ``space flight
participant'' was defined as an individual, who is not crew, carried
within a launch vehicle or reentry vehicle.\4\ FAA regulations mirror
these two definitions.\5\ One of the NASA-FAA Joint Legal Working
Group's concerns in 2012 was that the professionally trained and
experienced NASA astronauts could not be appropriately categorized
either as ``space flight participants'' or ``crew'' as then defined in
title 51.
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    \3\ 51 U.S.C. 50902 (2014).
    \4\ Id.
    \5\ 14 CFR 401.5 and 401.7.
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    Before passage of the CSLCA, government astronauts were categorized
as space flight participants because they were not employees of the
licensee or transferee or of a contractor or subcontractor of a
licensee or transferee. The FAA could not categorize government
astronauts as crew for the same reason. This categorization, however,
presented multiple issues.
    First, 51 U.S.C. 50914(b) requires space flight participants to
sign waivers of claims against the U.S. Government for personal injury,
death, or property damage when participating in FAA-licensed launches
and reentries. On the other hand, in Legal Interpretation to Courtney
B. Graham (December 23, 2013), the FAA explained that NASA astronauts
may not sign reciprocal waivers of claims because doing so would
conflict with various federal statutes, including the Federal Employees
Compensation Act and the Military Personnel and Civilian Employees
Claims Act.\6\
    Second, NASA expressed concerns regarding the requirement in 51
U.S.C. 50905(b)(5) for operators to inform space flight participants of
the risks of licensed activity and obtain written informed consent from
space flight participants. However, unlike space flight participants,
government astronauts are already familiar with the particular risks
involved in space flight and should not need to provide informed
consent. Nevertheless, because the informed consent requirements for
space flight participants did not conflict with federal statutes,
unlike reciprocal waivers of claims, the government astronauts would
have been required to comply with the requirements. Accordingly, the
FAA issued a legal interpretation stating that NASA and international
partner astronauts are space flight participants and therefore must
provide informed consent in accordance with the statute and 14 CFR
460.45; \7\ however, it was deemed not necessary when flying as a
government astronaut.
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    \7\ Legal Interpretation to Courtney B. Graham (July 9, 2014)
(requesting a legal interpretation on whether the holder of a
license or permit under 51 U.S.C. Ch. 509 must obtain written
informed consent from a space flight participant who is a NASA
astronaut and a U.S. Government employee, either as a civil servant
or a member of the U.S. armed forces; and whether a licensee or
permittee must obtain informed consent from a space flight
participant who is an astronaut employed by one of NASA's
international partners).
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    Finally, NASA sought clarification on whether a government
astronaut, as a space flight participant, could perform operational
functions during a commercial space launch or reentry under license
from the FAA.\8\ In 2013, the FAA issued a legal interpretation stating
that, while the applicable statute and regulations did not limit a
space flight participant's conduct or operations during launch or
reentry, the FAA was concerned with space flight participants
interacting with a launch or reentry vehicle based on the possibility
that space flight participants would not have the proper vehicle and
mission-specific training.\9\ The interpretation noted, however, that
NASA astronauts must meet rigorous medical and training requirements,
which include training

specific to each mission, launch vehicle, and reentry vehicle.\10\
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    \8\ Whereas the definition of crew in title 51 expressly
acknowledges a crew member's ability to perform activities directly
relating to operation of the vehicle, the definition of space flight
participant contains no express authority to do so. See Legal
Interpretation to Courtney B. Graham (Dec. 23, 2013) in which the
FAA answers NASA questions regarding whether the space
transportation regulations would restrict NASA astronauts from
performing operational functions during a commercial space launch or
reentry under license from the FAA.
    \9\ Legal Interpretation to Courtney B. Graham (Dec. 2, 2013)
(78 FR 72011).
    \10\ Id.
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C. United States Commercial Space Launch Competitiveness Act

    NASA and the FAA submitted a joint legislative request to Congress
in 2013 to address the discussed above. In response, Congress passed
the CSLCA in 2015 and included a definition of a new category of person
on board an FAA-licensed launch or reentry vehicle: government
astronaut. Under 51 U.S.C. 50902, government astronaut is defined as an
individual who is designated by the National Aeronautics and Space
Administration Administrator under section 51 U.S.C. 20113(n), is
carried within a launch vehicle or reentry vehicle in the course of his
or her employment, which may include performance of activities directly
relating to the launch, reentry, or other operation of the launch
vehicle or reentry vehicle, and is either an employee of the United
States Government, including the uniformed services, engaged in the
performance of a Federal function under authority of law or an
Executive act, or an international partner astronaut. Per 51 U.S.C.
20113(n), for purposes of a license issued or transferred by the
Secretary of Transportation under chapter 509 to launch a launch
vehicle or to reenter a reentry vehicle carrying a government astronaut
(as defined in section 50902), NASA designates a government astronaut
in accordance with requirements prescribed by NASA.\11\ The FAA accepts
any NASA designation of government astronaut.
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    \11\ 51 U.S.C. 20113(n).
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    In addition to adding a new definition of government astronaut, the
CSLCA added launch and reentry vehicles on a suborbital trajectory to
permitted operations in 51 U.S.C. 50902.\12\ The CSLCA also added space
flight participants to the insurance requirements and reciprocal waiver
of claims requirements in 51 U.S.C. 50914 and the paying claims
exceeding liability insurance and financial responsibility requirements
in 51 U.S.C. 50915.
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    \12\ Prior to the CSLCA, only reusable suborbital rockets
qualified for a permit.
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III. Discussion of the Proposed Rule

A. Summary

    In this rulemaking, the FAA proposes to add the statutory
definition of ``government astronaut'' to its regulations to conform to
the CSLCA. In addition to incorporating the title 51 definition of
``government astronaut,'' this rulemaking would also create two new
subparts to part 460 to address the varying responsibilities government
astronauts might have during a launch or reentry. One subpart would
address requirements for government astronauts whose actions have the
ability to impact public safety because they perform a safety-critical
role, and one subpart would address requirements for government
astronauts that do not play a safety-critical role during licensed or
permitted activity. The proposed rule is not intended to conflict with
NASA vehicle certification and safety processes.
    Other changes proposed by this rulemaking would align various
related definitions and regulations with the addition of ``government
astronaut,'' such as replacing the terms ``crew'' and ``space flight
participant'' with the term ``human being'' in order to encompass all
three categories of persons carried on board a vehicle. The proposed
addition of the ``government astronaut'' category would further require
revisions to part 440 to exclude ``government astronauts'' from the
definitions of ``Third party'' and ``Government personnel.''
Furthermore, this rulemaking proposes additional changes to the
financial responsibility requirements in part 440 as required by the
CSLCA. More specifically, this rulemaking would add space flight
participants to the insurance requirements in Sec.  440.9 and the
reciprocal waiver of claims requirements in Sec.  440.17. This
rulemaking would remove the templates for waiver of claims and
assumption of responsibilities in appendices B through E of part 440
from the regulations, which the Agency proposes to relocate in a
separate AC.

B. Changes to Part 460--Human Space Flight Requirements

    Current part 460 contains requirements for launches involving human
space flight. Subpart A of part 460 contains requirements for launches
and reentries with crew on board, including requirements for crew
training, informing crew about risk, and waiver of claims against the
U.S. Government. Subpart B of part 460 contains requirements for
launches and reentries with human space flight participants on board,
including requirements for informed consent, training space flight
participants for an emergency scenario, security, and waiver of claims
against the U.S. Government.
    In this NPRM, the FAA proposes to add subparts C and D to part 460
to create requirements for operators conducting licensed or permitted
operations carrying government astronauts. Proposed subpart C of part
460 would contain operator requirements for licensed or permitted
operations with government astronauts who perform a safety-critical
role during launch or reentry. Consistent with the definition of
``safety critical'' in Sec. Sec.  401.5 and 401.7, a role is safety-
critical if it is essential to safe performance or operation.\13\ As
the FAA regulates for public safety, a government astronaut performs a
safety-critical role because of their ability to control in real time,
a launch or reentry vehicle's flight path during a phase of flight
capable of endangering the public. Proposed subpart D of part 460 would
contain operator requirements for licensed or permitted operations with
government astronauts who do not perform a safety-critical role during
launch or reentry.
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    \13\ ``Safety critical'' for purposes of part 460 ``means
essential to safe performance or operation. A safety-critical
system, subsystem, component, condition, event, operation, process,
or item is one whose proper recognition, control, performance, or
tolerance is essential to ensuring public safety. Something that is
a safety-critical item creates a safety hazard or provides
protection from a safety hazard.'' 14 CFR 401.5.
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1. Proposed Subpart C--Government Astronauts With Safety-Critical Roles
    To protect public safety, the FAA is proposing to require operators
to provide training and establish environmental controls for operations
involving government astronauts with a safety-critical role. As with
crew, the FAA finds that government astronauts likewise would need to
be protected from atmospheric conditions and receive training that is
necessary for the safety of members of the public, including those on
the ground, in the air, and in space.\14\ Previously, the FAA has
determined that in a piloted vehicle, the vehicle's flight crew is an
integral part of its flight safety system. This determination is based
on the fact that they are in a position to respond to risk to the
public, such as aborting the flight or maneuvering a vehicle away from
populated areas.\15\ Similarly, government astronauts may be in a
position to respond to risk to the public; therefore, the FAA is
proposing a number of training requirements, not intended to duplicate,
conflict with, or replace NASA`s training requirements for government
astronauts, if they are

identified by the operator as having safety critical roles. Training
provides government astronauts the knowledge and skill necessary to
perform safety-critical tasks. Government astronauts with a safety-
critical role would be required to be trained to successfully carry out
their role on the vehicle.
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    \14\ As further discussed, the FAA proposes adding Sec.  460.61
to require operators to provide an environment adequate to sustain
life and consciousness for all inhabited areas within a vehicle that
house a government astronaut with a safety-critical role.
    \15\ Human Space Flight Requirements for Crew and Space Flight
Participants, NPRM, 70 FR 77262, 77265 (Dec. 29, 2005).
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    The FAA proposes in Sec.  460.57 to specify the groups to which
subpart C would apply. Section 460.57(a) and (b) would state that
subpart C would apply to an applicant for a license or permit and a
licensed or permitted operator who intends to have a government
astronaut with a safety-critical role on board a vehicle. In order to
determine which government astronauts would need additional vehicle-
specific training to meet the proposed requirements of subpart C, the
operator would identify during the licensing process safety-critical
tasks that require qualified personnel and whether a government
astronaut would be performing any of those tasks.\16\ The operator
would then be responsible for ensuring that those government astronauts
identified as performing safety-critical tasks receive additional
vehicle-specific training in accordance with proposed subpart C.
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    \16\ In accordance with Sec.  450.149, an applicant must
identify safety-critical tasks that require qualified personnel,
ensure that those personnel are trained, qualified, and capable of
performing their safety-critical tasks, and provide internal
training and currency requirements, or any other means for
demonstrating compliance. Similar requirements can also be found in
Sec. Sec.  417.105, 417.311, and 415.113.
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    The FAA proposes in Sec.  460.59(a)(1) to require an operator to
train a government astronaut to carry out any safety-critical role on
board so that the vehicle will not endanger the public. As stated
above, the FAA is proposing this requirement because government
astronauts with a safety-critical role can affect risk to the public. A
government astronaut with a safety-critical role may have the ability
to affect public safety, for example, through control of the trajectory
of the vehicle, and must therefore be trained on how to carry out his
or her mission-specific role on board the vehicle. Operators are in the
best position to train government astronauts on particular aspects of
the vehicle and mission that can affect public safety because they are
most familiar with the vehicle and its operation. This training has
been current practice on all Commercial Crew Program flights to date
because NASA has required it from the operator through contract. The
FAA proposes the following training requirements for those matters that
affect public safety under its authority to issue regulations to
license commercial space launch and reentry consistent with public
safety.\17\
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    \17\ The FAA notes that, while operators and NASA may establish
mission-specific training of government astronauts through contract,
the FAA has broader responsibility to issue regulations to protect
public health and safety during licensed activity.
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    The FAA proposes to require an operator to provide government
astronauts who perform safety-critical roles a training program similar
to the training program required for crew. Because crew and government
astronauts with a safety-critical role could be responsible for
accomplishing the same tasks on board a vehicle, this rule would
require the operator to provide them with similar training on the
unique aspects of each vehicle and mission so they can successfully
perform their roles on board.
    While the requirements this rule proposes for government astronauts
are similar to crew requirements, they are not identical. Current crew
qualification and training requirements include a demonstration of the
ability to withstand the stresses of space in sufficient condition to
safely carry out his or her duties so that the vehicle will not harm
the public.\18\ Each crew member with a safety-critical role is also
required to possess and carry an FAA second-class medical
certificate.\19\ The proposed rule would not require government
astronauts with a safety-critical role to demonstrate an ability to
withstand the stresses of space or to possess and carry an FAA medical
certificate because the underlying concerns addressed by these crew
requirements are satisfied by the NASA designation process for
government astronauts.\20\
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    \18\ 14 CFR 460.5(b).
    \19\ 14 CFR 460.5(e).
    \20\ For crew members to demonstrate a basic level of health
within 12 months of launch or reentry, the FAA requires that each
crew member with a safety-critical role must possess and carry an
FAA second-class airman medical certificate. Human Space Flight
Requirements for Crew and Space Flight Participants, Final Rule, 71
FR 75616, 75620 (Dec. 15, 2006). The FAA finds that such a
requirement would be unnecessary for government astronauts because
to achieve a government astronaut designation, NASA has verified a
basic level of health during its training process. Additionally, any
government astronaut designated by NASA has been trained by NASA to
withstand the stresses of space flight while performing their
duties. For example, Commercial Crew Transportation contractual
requirements CCT-PLN-1120 section 6.3.1, and CCT-STD-1150 section
5.0 (Operations Training) ensure government astronauts can withstand
the stresses of space flight while performing safety-critical tasks.
See https://ntrs.nasa.gov/api/citations/20150010760/downloads/20150010760.pdf, https://ntrs.nasa.gov/api/citations/20150010761/downloads/20150010761.pdf.
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    The FAA proposes in Sec.  460.59(a)(2) to require an operator to
train government astronauts (either directly or through another entity)
with a safety-critical role on their roles in nominal and non-nominal
conditions related to the launch or reentry vehicle, including abort
scenarios and emergency operations, to the extent that performance of
their role could endanger public safety. This vehicle-specific training
has been current practice on all Commercial Crew Program flights to
date, by contract between NASA and the operator. This requirement would
be the same as the current crew training requirements in subpart A of
part 460.\21\ In order to meet the proposed training requirement, the
operator would be responsible for conducting a safety analysis in
accordance with Sec.  450.149 to identify which government astronaut
tasks could endanger public safety.\22\ As previously mentioned, this
analysis is necessary because government astronauts may be in a
position to affect risk to the public and should be aware of and
receive training on the tasks specific to their mission which could
impact public safety. The operator would then need to ensure that the
government astronaut is trained to successfully conduct those tasks.
For missions where crew and government astronauts are on board, an
operator may need to train government astronauts with crew as a team if
safety-critical tasks require that government astronauts and crew work
together. If a government astronaut does not have a role in nominal or
non-nominal conditions to the extent that performance of their role
could endanger public safety, then no additional training would be
required.
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    \21\ 14 CFR 460.5(a)(2).
    \22\ Section 450.149 requires an operator to ensure that its
safety-critical personnel are trained, qualified, and capable of
performing their safety-critical tasks, and that their training is
current. The FAA would consider any task that may have an effect on
public safety and meets the definition of safety-critical found in
Sec.  401.5 subject to the requirements of Sec.  450.149. These
tasks would include, but are not limited to, operating and
installing flight safety system hardware, operating safety support
systems, monitoring vehicle performance, performing flight safety
analysis, conducting launch operations, controlling public access,
surveillance, and emergency response. With the many different kinds
of operations currently underway, an operator is in the best
position to identify the operations, personnel, and training needed
for its operation. See Streamlined Launch and Reentry Licensing
Requirements, NPRM, 84 FR 15332 (Apr. 15, 2019).
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    The FAA proposes in Sec.  460.59(b)(1) that an operator would
ensure any government astronaut who has the ability to control, in real
time, a launch or reentry vehicle's flight path during a phase of
flight capable of endangering the public, receives vehicle specific
training for each phase of flight capable

of endangering the public and over which the government astronaut has
the ability to control the vehicle. Although government astronauts may
have been trained on other vehicles, each vehicle has specific safety
features that should be familiar to the person operating it. Under
proposed Sec.  460.59(b)(1), the training could be achieved by a method
or device that simulates the flight, by an aircraft whose
characteristics are similar to the vehicle or has similar phases of
flight to the vehicle, by flight testing, or by an equivalent method of
training approved by the FAA. The first three methods would ensure the
government astronaut has familiarity with the vehicle and its operation
by requiring means that are sufficiently similar to actual operations.
The final method would provide flexibility and allow an operator to
demonstrate that an alternative method would achieve the training
objective. This familiarity would ensure the government astronaut is
capable of operating the vehicle safely. This proposed requirement is
the same as the requirement for crew in Sec.  460.5(b)(3).
    Proposed Sec.  460.59(b)(2) would require an operator to train a
government astronaut who can control the vehicle for each mode of
control or propulsion, including any transition between modes, such
that the government astronaut is able to control the vehicle in all
phases of flight, including transitions between phases, that can
endanger the public. This proposed requirement is the same as the
requirement for crew in Sec.  460.5(c)(5).\23\
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    \23\ A pilot would have to undergo training in procedures that
direct the vehicle away from the public in the event the flight crew
had to abandon the vehicle during flight. The FAA emphasizes the
importance of an operator training in each mode of control or
propulsion, including any transition between modes, so that the
pilot would be able to control the vehicle throughout the flight
regime to protect the public. See Human Space Flight Requirements
for Crew and Space Flight Participants, NPRM, 70 FR 77267 (Dec. 29,
2005).
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    The training device fidelity requirement that the FAA proposes in
Sec.  460.59(c) would ensure that any government astronaut training
device used to meet the training requirements realistically represents
the vehicle's configuration and mission or the operator informs the
government astronaut being trained of the differences between the
training device and the vehicle's configuration and mission. This
proposed requirement would be the same as the requirement in Sec.
460.7(b) for crew.\24\
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    \24\ See Human Space Flight Requirements for Crew and Space
Flight Participants, Final Rule, 71 FR 75621 (Dec. 15, 2006). Device
fidelity speaks to the degree of realism achieved.
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    Because they have the ability to control a vehicle's flight path in
real time, crew who are pilots \25\ or remote operators \26\ are also
required to satisfy a number of additional requirements including
requirements to possess and carry an FAA pilot certificate with an
instrument rating and possess aeronautical knowledge, experience, and
skills necessary to pilot and control the launch or reentry vehicle
that will operate in the National Airspace System (NAS).\27\ For those
government astronauts who have the ability to control the vehicle's
flight path, the FAA proposes in Sec.  460.59(b)(3) to require
operators to ensure that such government astronauts possess
aeronautical knowledge, experience, and skills necessary to pilot and
control the launch or reentry vehicle in the NAS. Aeronautical
experience may include hours in flight, ratings, and training.\28\ The
FAA notes that this requirement would ensure that government astronauts
with the ability to control a launch or reentry vehicle's flight path
have the knowledge, experience, and skills to operate the vehicle
safely in the NAS, which could potentially impact the public.
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    \25\ Section 401.5 defines ``pilot'' as a flight crew member who
has the ability to control, in real time, a launch or reentry
vehicle's flight path.
    \26\ Section 401.5 defines ``remote operator'' as a crew member
who (1) has the ability to control, in real time, a launch or
reentry vehicle's flight path, and (2) is not on board the
controlled vehicle.
    \27\ Section 460.5(d) permits a pilot or a remote operator to
demonstrate an equivalent level of safety to FAA airman
certification through the license or permit process.
    \28\ The FAA explained that pilots and remote operators should
hold a pilot certificate with an instrument rating because a pilot
or remote operator should be educated in the rules of operating in
the NAS and should demonstrate an appropriate level of instrument
skills and competency to pilot various launch and reentry vehicles.
Human Space Flight Requirements for Crew and Space Flight
Participants, NPRM, 70 FR 77262, 77265 (Dec. 29, 2005). The proposed
training requirements for government astronauts with a safety-
critical role are tailored to ensure that an operator trains a
government astronaut to successfully carry out his or her role.
These proposed requirements include possessing the knowledge,
experience, and skills necessary to pilot the vehicle in the NAS.
The FAA is not proposing to require government astronauts to hold
pilot certificates with an instrument rating because NASA astronaut
requirements currently include at least two years of related
professional experience obtained after degree completion or at least
1,000 hours pilot-in-command time on jet aircraft. Astronaut
Requirements; March 4, 2020; www.nasa.gov/audience/forstudents/postsecondary/features/F_Astronaut_Requirements.html (last viewed 3/
6/2023). These requirements effectively meet the equivalent level of
safety provision crew are allowed to leverage in place of holding a
pilot certificate under Sec.  460.5(d).
---------------------------------------------------------------------------

    The FAA proposes in Sec.  460.59(d) to require an operator to
update government astronaut vehicle-specific training continually to
ensure that the training would incorporate lessons learned from
training and operational launches and reentries. An operator would be
required to track each revision, document the completed training for
each government astronaut, and maintain the documentation for each
active government astronaut who performs a safety-critical role. This
proposed requirement is vital for maintaining proficiency of any
government astronaut performing safety-critical roles and would be the
same as the requirement in Sec.  460.7(c) for crew. As with the crew
requirement, this proposed requirement would incorporate events and
anomalies into the training as they are experienced so that government
astronauts are trained on how to respond going forward.
    The FAA proposes in Sec.  460.59(e) that an operator would be
required to establish a recurrent training schedule and ensure that all
training of government astronauts performing safety-critical roles is
current before launch or reentry. This proposed requirement is vital
for maintaining currency of any government astronaut performing safety-
critical roles and would be the same as the requirement in Sec.
460.7(d) for crew.\29\ The FAA notes that, for such performance-based
requirements, the operator must carry out the method of compliance
chosen in its application because the method an operator describes in
its application has the same legal effect as a prescriptive
requirement.\30\
---------------------------------------------------------------------------

    \29\ See Human Space Flight Requirements for Crew and Space
Flight Participants, Final Rule, 71 FR 75621 (Dec. 15, 2006).
    \30\ See 14 CFR 450.5(b), 417.11(a), 431.9(b), and 437.83.
---------------------------------------------------------------------------

    In addition to the proposed training requirements, the FAA proposes
in Sec.  460.61 that an operator would be required to provide an
environment that sustains life and prevents incapacitation for
government astronauts because a failure to control the environment,
even for a short duration, could lead to a loss of life or serious
injury to members of the public. The proper functioning of government
astronauts in safety critical roles is necessary for protection of the
public. Therefore, it would be vital that the launch or reentry
operator maintains an environment that supports life and consciousness.
The environmental requirements proposed in Sec.  460.61 would be the
same as the requirements for crew in Sec.  460.11.
    The FAA proposes to add a reference to proposed Sec. Sec.  460.59
and 450.61 to the application requirements for safety review and
approval in Sec.  450.45(e). As such, the FAA acknowledges that

government astronaut training is part of the broader review to
determine that licensed activity would not jeopardize public safety. To
that end, the FAA would evaluate and determine whether the license
applicant's training and environmental control and life support systems
for government astronauts with safety-critical roles are sufficient to
protect public safety.\31\
---------------------------------------------------------------------------

    \31\ If an operator met the contractual requirements in CCT-PLN-
1120 and CCT-REQ-1130, or similar requirements for other NASA
programs they would satisfy this proposed requirement. Therefore,
the FAA would consider CCT-PLN-1120 and CCT-REQ-1130, and similar
requirements applicable to other NASA programs, a means of
compliance with this proposed requirement. CCT-PLN-1120 is the Joint
Program Management Plan (PMP) between the National Aeronautics and
Space Administration (NASA) Commercial Crew Program (CCP) and the
Federal Aviation Administration (FAA) Office of Commercial Space
Transportation (AST) and describes the partnership of these
respective agencies for licensing the CCP missions for launch and
reentry operations. The ISS Crew Transportation and Services
Requirements Document (CCT-REQ-1130) contains all technical, safety,
and crew health medical requirements that are mandatory for
achieving a Crew Transportation System Certification that will allow
for International Space Station delivery and return of NASA crew and
limited cargo. The FAA defers to NASA as the expert on training
government astronauts to perform their duties. Therefore, an
operator should not be placing requirements on NASA. Rather, an
operator would demonstrate adequate training for government
astronauts by leveraging the training NASA requires through its
contracts with commercial providers.
---------------------------------------------------------------------------

    The FAA expects that a safety review of the training requirements
under proposed Sec.  460.59 would include an evaluation of the operator
training program for government astronauts to verify that all personnel
with safety-critical roles are adequately trained and fully capable of
performing their mission specific safety critical duties. Furthermore,
under Sec.  450.149, an operator is already required to ensure safety-
critical personnel are trained, qualified, and capable of performing
their safety-critical tasks, and that their training is current.
Additionally, Sec.  450.149 requires an applicant to provide internal
training and currency requirements, completion standards, or any other
means of demonstrating compliance with the regulation and to describe
the process for tracking currency.
2. Proposed Subpart D--Government Astronauts Without Safety-Critical
Roles
    Proposed Sec.  460.65 would specify the groups to which subpart D
would apply. Section 460.65 (a) and (b) would state that subpart D
would apply to both an applicant for a license or permit and a licensed
or permitted operator who proposes to have a government astronaut
without a safety-critical role on board a vehicle.
    Proposed Sec.  460.67 would require that an operator train each
government astronaut without a safety-critical role on how to respond
to emergency situations, including smoke, fire, loss of cabin pressure,
and emergency exits. This would be the only proposed requirement for
government astronauts without a safety-critical role, and it would be
the same requirement currently levied on space flight participants in
Sec.  460.51. As with space flight participants, the FAA would require
this training for government astronauts without a safety-critical role
because, if a government astronaut did not receive this training, he or
she might interfere with the ability of the crew and government
astronauts with safety-critical roles to perform duties necessary to
protect public safety.
    The FAA considered requiring operators to impose security
requirements on government astronauts that do not have a safety-
critical role, similar to those in current Sec.  460.53. However, the
FAA determined that such a requirement would be unnecessary because
government astronauts and international partner astronauts undergo
extensive screening and training.\32\ Furthermore, the FAA expects that
NASA's designation of government astronaut would include similar
security requirements because NASA is responsible for the safety of the
government astronauts and mission assurance.\33\ Other requirements
contained in subpart B of part 460, such as informed consent and waiver
of claims, do not apply to government astronauts, as previously
explained.
---------------------------------------------------------------------------

    \32\ To ensure mission success, NASA identifies the best
qualified candidates who then undergo additional reviews through
tests and two rounds of interviews, in addition to two years of
basic astronaut training including robotics training, flight
training, and extravehicular activities. NASA's Management of Its
Astronaut Corps, Report No. IG-22-007 (Jan. 11, 2022).
    \33\ NASA is responsible for managing overall mission success by
ensuring certification and astronaut safety requirements are being
met. The FAA serves to protect the public health and safety, safety
of property, and the national security and foreign policy interests
of the U.S. during commercial launch and reentry activities.
National Aeronautics and Space Administration and Federal Aviation
Administration Joint Program Management Plan for the Commercial Crew
Program, CCT-PLN-1020, section 3.0 Roles and Responsibilities (April
1, 2016).
---------------------------------------------------------------------------

C. Changes to Part 401--Definitions

    The FAA proposes to define the term ``government astronaut'' to
align Sec. Sec.  401.5 and 401.7 (Definitions) with the CSLCA's
addition of the term ``government astronaut'' to 51 U.S.C. 50902. By
defining the term in part 401, the definition will inform the use of
the term throughout the FAA's commercial space regulations, including
part 460. The same definition of ``Government astronaut'' would be
added to both sections because definitions in Sec.  401.5 apply to
parts 415, 417, 431, 435, 440, and 460, and definitions in Sec.  401.7
apply to parts 440, 450, and 460.
    Furthermore, the FAA proposes to revise the definition of ``Space
flight participant'' in Sec. Sec.  401.5 and 401.7 to align with the
statutory definition by expressly excluding government astronauts from
the category of space flight participant. As revised, ``space flight
participant'' would be defined as ``an individual, who is not crew or a
government astronaut, carried within a launch vehicle or reentry
vehicle.''
    The FAA also proposes to amend Sec.  401.5 by revising the
definitions of ``Human space flight incident,'' ``Launch,'' ``Launch
accident,'' ``Reenter,'' and ``Reentry accident'' by adding
``government astronaut'' to these definitions. A similar change is not
being made in Sec.  401.7 because the terms ``Human space flight
incident,'' ``Launch accident,'' and ``Reentry accident,'' are not
defined in Sec.  401.7. Instead, these concepts are included in the
Sec.  401.7 ``Mishap'' definition, and this definition already includes
the term ``government astronauts.''
    The FAA also proposes to add definitions for ``International
partner astronaut'' and ``International Space Station Intergovernmental
Agreement'' to Sec. Sec.  401.5 and 401.7. The CSLCA added the terms
``International partner astronaut'' and ``International Space Station
Intergovernmental Agreement'' to 51 U.S.C. 50902 and specifies that the
NASA Administrator designates government astronauts, and that
designation may include international partner astronauts. The CSLCA
also allows the NASA Administrator to designate a foreign person as a
government astronaut. The FAA proposes to define an ``International
partner astronaut'' as an individual designated under Article 11 of the
International Space Station Intergovernmental Agreement, by a partner
to that agreement other than the U.S., as qualified to serve as an ISS
crew member. This definition is taken directly from the CSLCA. Although
the FAA does not otherwise use these terms in the commercial space
regulations, the terms are used in the definition of government
astronaut which is being added to Sec. Sec.  401.5 and 401.7. The FAA
is proposing to add them to Sec. Sec.  401.5 and 401.7 to provide
clarity to the definition of government astronaut.

D. Changes to Parts 415, 431, 435, and 437--License Application
Procedures, Launch License, Launch and Reentry of a Reusable Launch
Vehicle (RLV), and Reentry of a Reentry Vehicle Other Than an RLV

    The FAA proposes to replace the terms ``crew'' and ``space flight
participant'' with the term ``human being'' in Sec. Sec.  415.8, 431.8,
and 435.8 for applicants seeking a license for operations involving
human space flight and that must demonstrate compliance with human
space flight requirements. This change would accommodate the creation
of the government astronaut category in part 460.

E. Changes to Parts 413 and 437--License Application Procedures and
Experimental Permits

    Section 50906 of title 51 provides the Secretary of Transportation
with the authority to issue experimental permits consistent with the
protection of the public health and safety, safety of property, and
national security and foreign policy interests of the United States.
The Secretary of Transportation delegated this authority to the FAA,
which promulgated 14 CFR part 437 (Experimental permits).\34\ An
experimental permit provides an alternative to licensing for certain
vehicles and operations.\35\ The CSLCA expanded the scope of the
Secretary's authority to issue experimental permits from reusable
suborbital rockets to also include reusable launch vehicles that will
be launched into a suborbital trajectory or reentered under that
permit.\36\ This section discusses the changes made to 51 U.S.C. 50906
by the CLSCA as well as the associated proposed changes to part 437.
---------------------------------------------------------------------------

    \34\ 72 FR 17019 (Apr. 6, 2007).
    \35\ Under 51 U.S.C. 50906(d), as revised by the CLSCA, the
Secretary may issue an experimental permit solely for research and
development to test design concepts, equipment, or operating
techniques, showing compliance with requirements as part of the
process for obtaining a license under Chapter 509, or crew training
for a launch or reentry using the design of the rocket or vehicle
for which the permit would be issued.
    \36\ Public Law 114-90, sec. 104.
---------------------------------------------------------------------------

    The FAA proposes to delete the definition of ``permitted vehicle''
in Sec.  437.3 because the term does not appear in part 437. Section
437.3 currently defines ``permitted vehicle'' as a reusable suborbital
rocket operated by a launch or reentry operator under an experimental
permit. The FAA proposes to add a definition of ``reusable suborbital
vehicle'' in Sec.  437.3 that includes a reusable suborbital rocket or
a reusable launch vehicle that is launched or reentered on a suborbital
trajectory. As mentioned above, section 104 (Launch License
Flexibility) of the CSLCA revised 51 U.S.C. 50906(d) to authorize the
Secretary of Transportation to issue experimental permits for reusable
launch vehicles that will be launched into a suborbital trajectory or
reentered, in addition to suborbital rockets. The proposed definition
of ``reusable suborbital vehicle'' in Sec.  437.3 reflects this change
to 51 U.S.C. 50906(d). This proposed definition would expand the types
of vehicles eligible for a permit, to include vehicles that are not
rockets \37\ but are launch vehicles that will be launched into a
suborbital trajectory or reentered from a suborbital trajectory. This
revision is necessary due to the development of technologies for
suborbital launch vehicles that do not use rocket propulsion. Vehicles
that do not use a rocket for propulsion are excluded from obtaining a
permit under current regulations. The revision would allow an operator
to research and develop new test designs, concepts, equipment, or
operating techniques; show compliance with requirements as part of the
process for obtaining a license; or train crews before they receive a
license for launch or reentry on a larger group of launch vehicles.
---------------------------------------------------------------------------

    \37\ Suborbital rocket is defined as a vehicle, rocket-propelled
in whole or in part, intended for flight on a suborbital trajectory,
and the thrust of which is greater than its lift for the majority of
the rocket-powered portion of its ascent. 51 U.S.C. 50902(24); 14
CFR 401.5 and 401.7.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to replace the term ``reusable
suborbital rocket'' with ``reusable suborbital vehicle'' in Sec. Sec.
437.3, 437.5, 437.7, 437.9, 437.21, 437.23, 437.25, 437.31, 437.33,
437.53, 437.59, 437.61, 437.71, 437.85, 437.91, and 437.95.
    The proposed change to the definition of ``permitted vehicle''
would affect Sec.  413.3(f), which references part 437. Part 413
addresses the application requirements for a license or experimental
permit. Therefore, the FAA also proposes to replace the term ``reusable
suborbital rocket'' in Sec.  413.3(f) with the term ``reusable
suborbital vehicle'' to align with the expanded scope.
    Consistent with the changes to part 437, the FAA proposes to
replace the term ``reusable suborbital rocket'' with ``reusable
suborbital vehicle'' in Sec.  440.3. This proposed change would allow
inclusion of launch and reentry vehicles on a suborbital trajectory.
    The FAA proposes a change to Sec.  437.5(a) to be consistent with
changes made to 51 U.S.C. 50906(d)(1) by the CSLCA. Section 437.5(a)
currently states the FAA will issue an experimental permit to a person
to launch or reenter a reusable suborbital rocket only for research and
development to test new design concepts, new equipment, or new
operating techniques. These eligibility requirements for an
experimental permit reflect the eligibility criteria in 51 U.S.C.
50906(d)(1). The CSLCA removed each use of the word ``new'' in 51
U.S.C. 50906(d)(1). Therefore, the FAA is proposing to make the same
change to Sec.  437.5(a). By removing the term ``new'' from Sec.
437.5(a), the regulation would allow research and development of
existing design concepts, equipment, or operating techniques,
consistent with the CSLCA.
    The FAA proposes two changes to Sec.  437.21(b)(3) to accommodate
changes necessitated by the CSLCA amendments. Current Sec.
437.21(b)(3) references the applicable requirements for an applicant
proposing launch or reentry with flight crew or a space flight
participant on board a reusable suborbital rocket. The FAA proposes to
replace the terms ``flight crew'' and ``space flight participant'' in
Sec.  437.21(b)(3) with the term ``human being'' to include the
addition of government astronauts discussed previously. Furthermore, as
discussed earlier, the FAA proposes to revise the application
requirements in Sec.  437.21(b)(3) to reference Sec. Sec.  460.59,
460.61, and 460.67, which contain the proposed requirements in part 460
subparts C and D that would apply to launches and reentries with a
government astronaut on board.

F. Changes to Part 440--Financial Responsibility

    The CSLCA necessitates conforming changes to part 440, which
governs financial responsibility requirements for title 51 activity.
This proposal would make conforming changes to the definition of
``government personnel'' and ``third party,'' add space flight
participants to the list of parties protected as additional insureds
under a licensee or permittee's liability insurance, require that
licensees enter into a reciprocal waiver of claims with space flight
participants, move the reciprocal waiver of claims templates from the
appendices to an AC, and remove references to the appendices.
    Prior to passage of the CSLCA, a licensee or transferee was
required by 51 U.S.C. 50914(b) and 14 CFR 440.17 to make a reciprocal
waiver of claims with its contractors, subcontractors, and customers,
and contractors and subcontractors of the customers, involved in launch
services or reentry services under which each party to the

waiver agrees to be responsible for property damage or loss it
sustains, or for personal injury to, death of, or property damage or
loss sustained by its own employees resulting from an activity carried
out under the applicable license. Additionally, a licensee or permittee
was required to obtain and maintain in effect a policy of liability
insurance (or otherwise make a demonstration of financial
responsibility) that protected certain persons as additional insureds
to the extent of their respective potential liabilities against covered
claims by a third party for bodily injury or property damage resulting
from a licensed or permitted activity.\38\ These persons included (1)
the licensee or permittee, its customer, and their respective
contractors and subcontractors, and the employees of each, involved in
a licensed or permitted activity; (2) the United States, its agencies,
and its contractors and subcontractors involved in a licensed or
permitted activity; and (3) Government personnel.\39\
---------------------------------------------------------------------------

    \38\ 51 U.S.C. 50914(a)(4); 14 CFR 440.9(b).
    \39\ Id.
---------------------------------------------------------------------------

    The CSLCA made several changes that affect the financial
responsibility requirements under title 51. The CSLCA, in section
112(j), amended the definition of ``third party'' in 51 U.S.C.
50902(26) to exclude government astronauts. The CSLCA, in section
103(a)(1)(A), also requires a licensee or permittee to protect space
flight participants as additional insureds under a licensee or
permittee's liability insurance. This addition ceases to be effective
September 30, 2025, in accordance with section 103(a)(1)(B) of the
CSLCA. Finally, section 107 of the CSLCA amends 51 U.S.C. 50914(b)(1)
such that it now requires a licensee or transferee to make a reciprocal
waiver of claims with space flight participants involved in launch
services or reentry services under which each party to the waiver
agrees to be responsible for personal injury to, death of, or property
damage or loss sustained by it or its own employees resulting from an
activity carried out under the applicable license. This provision
ceases to be effective September 30, 2025, in accordance with section
107 of the CSLCA.
    The FAA is proposing to conform the regulatory definition of
``third party'' with the statute by adding government astronauts to the
list of exceptions in the definition of ``third party.'' Current 14 CFR
440.3 does not exclude government astronauts from the definition of
third party and states that government personnel as defined in Sec.
440.3 are third parties. The CSLCA states that government astronauts
are not third parties. The FAA, therefore, proposes to exclude
government astronauts from the definition of ``third party'' in Sec.
440.3 for the purposes of financial responsibility requirements. This
proposal would also amend the definition of ``government personnel'' in
Sec.  440.3 to exclude government astronauts. This change is necessary
because Sec.  440.3 states that government personnel, as defined in
that section, are third parties. While the proposal would exclude
government astronauts from the definition of government personnel in
Sec.  440.3, the FAA notes that this exclusion narrowly applies only to
14 CFR part 440. Furthermore, the defined term ``government personnel''
only appears in Sec.  440.9 for the purpose of identifying additional
insureds. These changes would align the regulatory definitions in Sec.
440.3 with the CSLCA.
    The FAA additionally proposes to add space flight participants to
the list of parties protected as additional insureds under a licensee
or permittee's liability insurance in Sec.  440.9(b)(4), as required by
the CSLCA in section 103(a)(1)(A). As a result of this proposed change,
and in accordance with the statutory requirement, a licensee or
permittee would be required by regulation to obtain and maintain in
effect a policy or policies of liability insurance to protect space
flight participants as additional insureds to the extent of their
respective potential liabilities against covered claims by a third
party for bodily injury or property damage resulting from a licensed or
permitted activity. In other words, if an injured third party brings
claims against any party participating in the launch or reentry, the
insurance policy would protect involved space flight participants. To
comply with this proposed requirement, an operator would have to ensure
that its insurance policy covers space flight participants, if it does
not currently do so. In accordance with section 103(a)(1)(B) of the
CSLCA, the proposed regulatory change would also cease to be effective
September 30, 2025. If Congress chooses to extend the September 30,
2025 date, proposed Sec.  440.9(b)(4) would remain in effect in
accordance with the extension.
    This proposal would also re-designate Sec.  440.17(f) to a new
paragraph (g). Section 440.17(f) currently requires that any waiver,
release, or other agreement to hold harmless and indemnify under the
section does not apply to claims for bodily injury or property damage
resulting from willful misconduct of any of the parties to the
reciprocal waiver of claims. The FAA proposes to add new Sec.
440.17(f), which would require a licensee or permittee to enter into a
reciprocal waiver of claims agreement with each of its space flight
participants in accordance with section 107 of the CSLCA. The waivers
under the proposed Sec.  440.17(f) would solely be between a licensee
or permittee and a single space flight participant. Proposed Sec.
440.17(f) would not require space flight participants to enter into
waivers against one another. This proposed addition is necessary
because, as discussed earlier, the CSLCA added space flight
participants to the list of entities with whom an operator must execute
a reciprocal waiver of claim, which would prevent potential additional
litigation between space flight participants and operators.
    In accordance with 51 U.S.C. 50914(b) and by omission from the
CSLCA, space flight participants would not be required to enter into
reciprocal waiver of claims agreements with customers. Furthermore,
space flight participants are already required to enter into a
reciprocal waiver of claims agreement with the U.S. Government in
accordance with Sec.  440.17(d)(1). Proposed Sec.  440.17(f) would
remain in effect until September 30, 2025, as required by the CSLCA. If
Congress chooses to extend the September 30, 2025, date, proposed Sec.
440.17(f) would remain in effect in accordance with the extension.
    While no change to regulatory text is needed, the FAA notes that
under the CSLCA, government astronauts are not required to sign
reciprocal waivers of claims because they are not considered space
flight participants or crew, and because the FAA enters into these
agreements on behalf of the government and its employees.\40\
---------------------------------------------------------------------------

    \40\ While 51 U.S.C. 50904(b) requires space flight participants
to waive claims against the U.S. Government, Congress did not
require government astronauts to do the same. In fact, the
requirement for space flight participants to waive claims against
the U.S. Government predates the retirement of the U.S. Space
Shuttle and the subsequent development of NASA's Commercial Crew
Program. Legal Interpretation to Courtney B. Graham (Dec. 23, 2013).
---------------------------------------------------------------------------

    The FAA also proposes to remove the reciprocal waiver of claims
templates in appendices B through E and place them in AC 440.17-1. The
FAA originally included the appendices to provide operators with
templates that meet the requirements in part 440. An operator is not
required to use the templates provided in the appendices and can use
alternate templates provided the alternate templates demonstrate
compliance with the regulations. Moving these templates to an AC would
allow the FAA to effectuate any needed changes more efficiently and
would not require the FAA to undergo an additional rulemaking to
provide

updated templates that meet the part 440 requirements. Because the
templates are not regulatory and are only one means of satisfying the
requirements in Sec.  440.17, an AC is a more appropriate location than
the CFR for the templates. The public can provide comment on any of the
templates in the AC or propose a new template for consideration by
emailing the Advisory Circular Feedback Form. (OMB control number 2120-
0746) located at the end of the AC to [email protected].
    The FAA would also add two new templates to its proposed AC. One
proposed template would be for a reciprocal waiver of claims between
the licensee, space flight participant, and the licensee's contractors
and subcontractors. The other proposed template would be for a waiver
of claims between an operator and customers, government customers, the
U.S., and each of their respective contractors and subcontractors. The
FAA currently uses both templates. These templates were developed for
situations where the existing templates in the appendices did not
adequately address a proposed launch or reentry operation. The proposed
AC containing these two new templates will be placed in the regulatory
docket for this rule.
    To conform to the proposed removal of the appendices, the FAA
proposes to replace the references to Appendices B through E in Sec.
440.17(c), (d), and (e) with language specifying that the required
reciprocal waiver of claims must be in a form acceptable to the FAA
Administrator. This proposed language would provide flexibility with
providing a reciprocal waiver of claims under each paragraph, provided
any proposed reciprocal waiver of claims is in a form acceptable to the
FAA Administrator and complies with all applicable regulations.
Finally, the proposed AC would contain language stating that the
templates provided in AC 440.17-1 are one means of compliance but not
the only means of compliance with requirements in Sec.  440.45.

G. Changes to Part 450--Launch and Reentry License Requirements

    The FAA proposes to add Sec. Sec.  460.59, 460.61, and 460.67 to
the list of regulations in Sec.  450.45 with which applicants seeking a
launch or reentry license for operations involving human space flight
must demonstrate compliance. This change would accommodate the creation
of the government astronaut category and ensure government astronaut
requirements are addressed in the application.

IV. Regulatory Notices and Analyses

A. Regulatory Impact Analysis

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct each Federal agency
to propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate that may
result in the expenditure by state, local, and tribal governments, in
the aggregate, or by the private sector, of $100,000,000 or more
(adjusted annually for inflation) in any 1 year. The current threshold
after adjustment for inflation is $177,000,000 using the most current
(2022) Implicit Price Deflator for the Gross Domestic Product. This
portion of the preamble summarizes the FAA's analysis of the economic
impacts of this rule.
    In conducting these analyses, the FAA has determined that this
rule: would result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, as amended; would not have a significant
economic impact on a substantial number of small entities; would not
create unnecessary obstacles to the foreign commerce of the United
States; and would not impose an unfunded mandate on State, local, or
tribal governments, or on the private sector.
    This proposed rule would amend 14 CFR parts 401, 413, 415, 431,
435, 437, 440, 450, and 460 by incorporating statutory changes
resulting from the CSLCA. This proposed rule would add a definition for
``government astronaut'' and would update other definitions to account
for that addition. This proposed rule would also update financial
responsibility requirements in part 440 to include government
astronauts, and would move the templates for reciprocal waiver of
claims agreements from part 440 appendices B through E to an AC. This
proposed rule would also add two new subparts to part 460 to address
operator requirements for government astronauts with safety critical
and non-safety-critical roles during launches and reentries. This
proposed rule would also add two new subparts to part 460 to address
operator requirements for government astronauts with safety-critical
and non-safety-critical roles during launches and reentries. In
addition, the FAA proposes to replace the terms ``crew'' and ``space
flight participant'' with the term ``human being'' in Sec. Sec.  415.8,
431.8, and 435.8 for applicants seeking a license for operations
involving human space flight and that must demonstrate compliance with
human space flight requirements. This proposed change would accommodate
the creation of the government astronaut category in part 460.
    This proposed rule would affect all U.S. commercial space operators
and launches and reentries licensed under title 14 of the Code of
Federal Regulations (14 CFR) parts 401, 413, 415, 431, 435, 437, 440,
450, and 460 that will carry a government astronaut on board. Table 1
details the proposed changes in each part.

                  Table 1--Proposed Changes by Section
------------------------------------------------------------------------
             Section                    Change         Effect of change
------------------------------------------------------------------------
Sec.   401.5 Definitions........  Add definitions     None. The FAA has
                                   for ``Government    been applying
                                   Astronaut,''        these definitions
                                   ``International     in accordance
                                   partner             with the statute
                                   astronaut,'' and    since the CSLCA
                                   ``International     went into effect.
                                   Space Station       This change would
                                   Intergovernmental   now provide
                                   Agreement.''        regulatory
                                   Revising            clarity.
                                   definitions for
                                   ``Human space
                                   flight
                                   incident,''
                                   ``Launch,''
                                   ``Launch
                                   accident,''
                                   ``Reenter,''
                                   ``Reentry
                                   accident,'' and
                                   ``Space flight
                                   participant''.

Sec.   401.7 Definitions........  Add definitions     None. The FAA has
                                   for ``Government    been applying
                                   Astronaut,''        these definitions
                                   ``International     in accordance
                                   partner             with the statute
                                   astronaut,'' and    since the CSLCA
                                   ``International     went into effect.
                                   Space Station       This change would
                                   Intergovernmental   now provide
                                   Agreement.''        regulatory
                                   Revising            clarity.
                                   definition for
                                   ``Space flight
                                   participant''.
Sec.   413.3(f).................  Replace the term    None. The FAA has
                                   ``suborbital        been applying
                                   rocket'' with the   these definitions
                                   term ``permitted    in accordance
                                   vehicle'' to        with the statute
                                   align with the      since the CSLCA
                                   increase in scope   went into effect.
                                   from proposed       This change would
                                   Sec.   437.3.       now provide
                                                       regulatory
                                                       clarity.
Sec.   415.8 Human Space Flight   Remove ``crew''     None. The FAA has
 in Part 415, LAUNCH LICENSE.      and ``space         been applying
                                   flight              these definitions
                                   participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Sec.   431.8 Human Space Flight   Remove ``crew''     None. The FAA has
 in Part 431, LAUNCH AND REENTRY   and ``space         been applying
 OF A REUSABLE LAUNCH VEHICLE      flight              these definitions
 (RLV).                            participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Sec.   435.8 Human Space Flight   Remove ``crew''     None. The FAA has
 in PART 435, REENTRY OF A         and ``space         been applying
 REENTRY VEHICLE OTHER THAN A      flight              these definitions
 REUSABLE LAUNCH VEHICLE (RLV).    participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Sec.   437.3 Definitions in Part  Add a reusable      None. The FAA has
 437, EXPERIMENTAL PERMITS.        launch vehicle      been applying
                                   that will be        these definitions
                                   launched into a     in accordance
                                   suborbital          with the statute
                                   trajectory or       since the CSLCA
                                   reentered that is   went into effect.
                                   operated by a       This change would
                                   launch or reentry   now provide
                                   operator under an   regulatory
                                   experimental        clarity.
                                   permit to the
                                   definition of
                                   ``permitted
                                   vehicle''.
Sec.  Sec.   437.5, 437.7,        Replace             None. The FAA has
 437.9, 437.21, 437.23, 437.25,    ``suborbital        been applying
 437.31, 437.33, 437.53, 437.57,   rocket'' with       these definitions
 437.59, 437.61, 437.71, 437.85,   ``permitted         in accordance
 437.91, and 437.95.               vehicle''.          with the statute
                                                       since the CSLCA
                                                       went into effect.
                                                       This change would
                                                       now provide
                                                       regulatory
                                                       clarity.
Sec.   437.5(a).................  Remove ``new'' to   None. The FAA has
                                   allow research      been applying
                                   and development     these definitions
                                   of existing         in accordance
                                   design concepts,    with the statute
                                   equipment, or       since the CSLCA
                                   operating           went into effect.
                                   techniques.         This change would
                                                       now provide
                                                       regulatory
                                                       clarity.
Sec.   437.21 General...........  Remove ``crew''     None. The FAA has
                                   and ``space         been applying
                                   flight              these definitions
                                   participant'' and   in accordance
                                   add ``human         with the statute
                                   being'' in their    since the CSLCA
                                   place, to include   went into effect.
                                   government          This change would
                                   astronaut, crew,    now provide
                                   and space flight    regulatory
                                   participant         clarity.
                                   categories. Add
                                   government
                                   astronaut
                                   requirements.
Move appendices B-E in PART 440,  ..................  None.
 FINANCIAL RESPONSIBILITY, to an
 AC.
Sec.   440.9(b).................  Add space flight    None. The FAA has
                                   participants to     been applying
                                   the list in which   these definitions
                                   a licensee or       in accordance
                                   permittee must      with the statute
                                   obtain and          since the CSLCA
                                   maintain in         went into effect.
                                   effect a policy     This change would
                                   or policies of      now provide
                                   liability           regulatory
                                   insurance to        clarity.
                                   protect their
                                   respective
                                   potential
                                   liabilities
                                   against covered
                                   claims by a third
                                   party for bodily
                                   injury or
                                   property damage
                                   resulting from a
                                   licensed or
                                   permitted
                                   activity.
Sec.   440.9(f).................  Add language to     None. The FAA has
                                   require the         been applying
                                   licensee or         these definitions
                                   permitee to enter   in accordance
                                   into a reciprocal   with the statute
                                   waiver of claims    since the CSLCA
                                   agreement with      went into effect.
                                   each space flight   This change would
                                   participant.        now provide
                                                       regulatory
                                                       clarity.
Sec.   450.45(e)(5).............  Add requirements    None. The FAA has
                                   for government      been applying
                                   astronauts.         these
                                                       requirements in
                                                       accordance with
                                                       the statute since
                                                       the CSLCA went
                                                       into effect. This
                                                       change would now
                                                       provide
                                                       regulatory
                                                       clarity.
Add Subpart C, Launch and         Add requirements    None. Operators
 Reentry with a Government         applicable to       have been
 Astronaut with a Safety-          government          training
 Critical Role, after Subpart B    astronauts with a   government
 in Sec.   460 Scope, HUMAN        safety-critical     astronauts in
 SPACE FLIGHT REQUIREMENTS.        role.               order to satisfy
                                                       NASA contractual
                                                       requirements.
                                                       This change would
                                                       make some of that
                                                       training required
                                                       by regulation.
Add Subpart D, Launch and         Add requirements    None. Operators
 Reentry with a Government         applicable to       have been
 Astronaut Without a Safety-       government          training
 Critical Role after Subpart C     astronauts          government
 in Sec.   460 Scope, HUMAN        without a safety-   astronauts in
 SPACE FLIGHT REQUIREMENTS.        critical role.      order to satisfy
                                                       NASA contractual
                                                       requirements.
                                                       This change would
                                                       make some of that
                                                       training required
                                                       by regulation.
------------------------------------------------------------------------

    The proposed changes would have a minimal impact on licensed
commercial space activity with government astronauts because the
changes would align the regulations with the current statutory
requirements for crew, for space flight participants, and with current
practices. The FAA has been applying the statutory changes since they
went into effect in 2015.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with

the objectives of the rule and of applicable statutes, to fit
regulatory and informational requirements to the scale of the
businesses, organizations, and governmental jurisdictions subject to
regulation. To achieve this principle, agencies are required to solicit
and consider flexible regulatory proposals and to explain the rationale
for their actions to assure that such proposals are given serious
consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or
final rule would have a significant economic impact on a substantial
number of small entities. If the determination is that it would, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
    This proposed rule would update definitions relating to commercial
space launch and reentry vehicles and occupants to reflect current
statutory definitions and requirements, as well as implement
clarifications to financial responsibility requirements in accordance
with the CSLCA. Therefore, the FAA believes that this proposed rule
would not have a significant economic impact on small commercial space
operators because it is current practice.
    If an agency determines that a rulemaking would not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this proposed rulemaking would not result in a significant
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the U.S.,
if the standard has a legitimate domestic objective, such as the
protection of safety, and does not operate in a manner that excludes
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they serve as the basis for U.S. standards. The FAA has assessed the
potential effect of this proposed rule and determined that it will not
create unnecessary obstacles to the foreign commerce of the United
States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
rule that may result in an expenditure of 100 million or more (in 1995
dollars) in any one year by State, local, and tribal governments, in
the aggregate, or by the private sector; such a mandate is deemed to be
a ``significant regulatory action.'' The threshold after adjustment for
inflation is $177 million using the most current annual (2022) Implicit
Price Deflator for Gross Domestic Product from the U.S. Bureau of
Economic Analysis. This proposed rule does not contain such a mandate;
therefore, the requirements of title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement, unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    The FAA has determined that there is no new requirement for
information collection associated with this proposed rule.

F. Environmental Analysis

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

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
federalism implications.

B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\41\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\42\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this proposed
rule.
---------------------------------------------------------------------------

    \41\ 65 FR 67249 (Nov. 6, 2000).
    \42\ FAA Order No. 1210.20 (Jan. 28, 2004), available at
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

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

D. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
E.O. 13609 and has determined that this action would have no effect on
international regulatory cooperation.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The FAA also
invites comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically, or commenters should send only one copy of
written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

C. Electronic Access and Filing

    A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at www.regulations.gov using
the docket number listed above. A copy of this proposed rule will be
placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at the FAA's Regulations
and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.

D. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit
www.faa.gov/regulations_policies/rulemaking/sbre_act/.
1. Rulemaking Documents
    An electronic copy of a rulemaking document may be obtained by
using the internet--
    1. Search the Federal eRulemaking Portal (www.regulations.gov);
    2. Visit the FAA's Regulations and Policies web page at
www.faa.gov/regulations_policies/; or
    3. Access the Government Printing Office's web page at
www.GovInfo.gov.
    Copies may also be obtained by sending a request (identified by
notice or docket number of this proposed rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
2. Comments Submitted to the Docket
    Comments received may be viewed by going to www.regulations.gov and
following the online instructions to search the docket number for this
action. Anyone may search the electronic form of all comments received
into any of the FAA's dockets by the name of the individual submitting
the comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.).
3. Small Business Regulatory Enforcement Fairness Act
    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document, may contact its local FAA official, or the person listed
under the FOR FURTHER INFORMATION CONTACT heading at the beginning of
the preamble. To find out more about SBREFA on the internet, visit
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 401

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

14 CFR Part 413

    Confidential business information, Space transportation and
exploration.

14 CFR Part 415

    Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.

14 CFR Part 431

    Launch and reentry safety, Aviation safety, Reporting and
recordkeeping requirements, Rockets, Space transportation and
exploration.

14 CFR Part 435

    Launch and reentry safety, Aviation safety, Reporting and
recordkeeping requirements, Rockets, Space transportation and
exploration.

14 CFR Part 437

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

14 CFR Part 440

    Indemnity payments, Insurance, Reporting and recordkeeping
requirements, Space transportation and exploration.

14 CFR Part 450

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

14 CFR Part 460

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

The Proposed Amendments

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter III of title 14, Code of
Federal Regulations as follows:

PART 401--ORGANIZATION AND DEFINITIONS

0
1. The authority citation for part 401 continues to read as follows:

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

0
2. Amend Sec.  401.5 by--
0
a. Adding in alphabetical order a definition for ``Government
astronaut'';
0
b. Revising the definition of ``Human space flight incident'';
0
c. Adding in alphabetical order definitions for ``International partner
astronaut'', and ``International Space Station Intergovernmental
Agreement''; and
0
d. Revising the definitions of ``Launch'', ``Launch accident'',
``Reenter; reentry'', ``Reentry accident'', and ``Space flight
participant'';
    The additions and revisions read as follows:

Sec.  401.5   Definitions.

* * * * *
    Government astronaut means an individual who--
    (1) Is designated by the National Aeronautics and Space
Administration under Title 51, United States Code, Section 20113(n);
    (2) Is carried within a launch vehicle or reentry vehicle in the
course of their employment, which may include performance of activities
directly relating to the launch, reentry, or other operation of the
launch vehicle or reentry vehicle; and
    (3) Is either--
    (i) An employee of the United States Government, including the
uniformed services, engaged in the performance of a Federal function
under authority of law or an Executive act; or
    (ii) An international partner astronaut.
* * * * *
    Human space flight incident means an unplanned event that poses a
high risk of causing a serious or fatal injury to a space flight
participant, crew, or government astronaut.
* * * * *
    International partner astronaut means an individual designated
under Article 11 of the International Space Station Intergovernmental
Agreement, by a partner to that agreement other than the United States,
as qualified to serve as an International Space Station crew member.
    International Space Station Intergovernmental Agreement means the
Agreement Concerning Cooperation on the International Space Station,
signed in Washington, DC, on January 29, 1998 (TIAS 12927).
* * * * *
    Launch means to place or try to place a launch vehicle or reentry
vehicle and any payload or human being from Earth in a suborbital
trajectory, in Earth orbit in outer space, or otherwise in outer space,
and includes preparing a launch vehicle for flight at a launch site in
the United States. Launch includes the flight of a launch vehicle and
includes pre- and post-flight ground operations as follows:
    (1) Beginning of launch. (i) Under a license, launch begins with
the arrival of a launch vehicle or payload at a U.S. launch site.
    (ii) Under a permit, launch begins when any pre-flight ground
operation at a U.S. launch site meets all of the following criteria:
    (A) Is closely proximate in time to flight,
    (B) Entails critical steps preparatory to initiating flight,
    (C) Is unique to space launch, and
    (D) Is inherently so hazardous as to warrant the FAA's regulatory
oversight.
    (2) End of launch. (i) For launch of an orbital expendable launch
vehicle (ELV), launch ends after the licensee's last exercise of
control over its launch vehicle.
    (ii) For launch of an orbital reusable launch vehicle (RLV) with a
payload, launch ends after deployment of the payload. For any other
orbital RLV, launch ends upon completion of the first sustained,
steady-state orbit of an RLV at its intended location.
    (iii) For a suborbital ELV or RLV launch, launch ends after
reaching apogee if the flight includes a reentry, or otherwise after
vehicle landing or impact on Earth, and after activities necessary to
return the vehicle to a safe condition on the ground.
    Launch accident means--
    (1) An event that causes a fatality or serious injury (as defined
in 49 CFR 830.2) to any person who is not associated with the flight;
    (2) An event that causes damage estimated to exceed $25,000 to
property not associated with the flight that is not located at the
launch site or designated recovery area;
    (3) An unplanned event occurring during the flight of a launch
vehicle resulting in the impact of a launch vehicle, its payload or any
component thereof:
    (i) For an expendable launch vehicle, outside designated impact
limit lines; and
    (ii) For a reusable launch vehicle, outside a designated landing
site.
    (4) For a launch that takes place with a person on board, a
fatality or serious injury to a space flight participant, crew, or
government astronaut.
* * * * *
    Reenter; reentry means to return or attempt to return,
purposefully, a reentry vehicle and its payload or human being, if any,
from Earth orbit or from outer space to Earth. The term ``reenter;
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. The
term ``reenter; reentry'' also includes activities conducted on the
ground after vehicle landing on Earth to ensure the reentry vehicle
does not pose a threat to public health and safety or the safety of
property.
    Reentry accident means--
    (1) Any unplanned event occurring during the reentry of a reentry
vehicle resulting in the impact of the reentry vehicle, its payload, or
any component thereof, outside a designated reentry site;
    (2) An event that causes a fatality or serious injury (as defined
in 49 CFR 830.2) to any person who is not associated with the reentry;
    (3) An event that causes damage estimated to exceed $25,000 to
property not associated with the reentry and not located within a
designated reentry site; and
    (4) For a reentry that takes place with a person on board, a
fatality or serious injury to a space flight participant, crew, or
government astronaut.
* * * * *
    Space flight participant means an individual, who is not crew or a
government astronaut, carried aboard a launch vehicle or reentry
vehicle.
* * * * *

0
3. Amend Sec.  401.7 by--
0
a. Adding in alphabetical order definitions for ``Government
astronaut'', ``International partner astronaut'', and ``International
Space Station Intergovernmental Agreement''; and
0
b. Revising the definition of ``Space flight participant''.
    The additions and revision read as follows:

Sec.  401.7   Definitions.

* * * * *
    Government astronaut means an individual who--
    (1) Is designated by the National Aeronautics and Space
Administration under Title 51, United States Code, Section 20113(n);
    (2) Is carried within a launch vehicle or reentry vehicle in the
course of their employment, which may include performance of activities
directly relating to the launch, reentry, or other operation of the
launch vehicle or reentry vehicle; and
    (3) Is either--
    (i) An employee of the United States Government, including the
uniformed services, engaged in the performance of a Federal function
under authority of law or an Executive act; or
    (ii) An international partner astronaut.
* * * * *
    International partner astronaut means an individual designated
under Article 11 of the International Space Station Intergovernmental
Agreement, by a partner to that agreement other than the United States,
as qualified to serve as an International Space Station crew member.
    International Space Station Intergovernmental Agreement means the
Agreement Concerning Cooperation on the International Space Station,
signed in Washington, DC, on January 29, 1998 (TIAS 12927).
* * * * *
    Space flight participant means an individual, who is not crew or a
government astronaut, carried aboard a launch vehicle or reentry
vehicle.
* * * * *

PART 413--LICENSE APPLICATION PROCEDURES

0
4. The authority citation for part 413 continues to read as follows:

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

0
5. Amend Sec.  413.3 by revising paragraph (f) to read as follows:

Sec.  413.3   Who must obtain a license or permit.

* * * * *
    (f) A person, individual, or foreign entity otherwise requiring a
license under this section may instead obtain an experimental permit to
launch or reenter a reusable suborbital vehicle under part 437 of this
chapter.

PART 415--LAUNCH LICENSE

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

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

0
7. Revise Sec.  415.8 to read as follows:

Sec.  415.8   Human space flight.

    To obtain a launch license, an applicant proposing to conduct a
launch with a human being on board must demonstrate compliance with
Sec. Sec.  460.5, 460.7, 460.11, 460.13, 460.15, 460.17, 460.51,
460.53, 460.59, 460.61, and 460.67 of this subchapter.

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

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

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

0
9. Revise Sec.  431.8 to read as follows:

Sec.  431.8   Human space flight.

    To obtain a launch license, an applicant proposing to conduct a
reusable launch vehicle mission with a human being on board must
demonstrate compliance with Sec. Sec.  460.5, 460.7, 460.11, 460.13,
460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this
subchapter.

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

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

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

0
11. Revise Sec.  435.8 to read as follows:

Sec.  435.8   Human space flight.

    To obtain a reentry license, an applicant proposing to conduct a
reentry with a human being on board the vehicle must demonstrate
compliance with Sec. Sec.  460.5, 460.7, 460.11, 460.13, 460.15,
460.17, 460.51, 460.53, 460.59, 460.61, and 460.67 of this subchapter.

PART 437--EXPERIMENTAL PERMITS

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

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

0
13. Revise Sec.  437.3 to read as follows:

Sec.  437.3   Definitions.

    Envelope expansion means any portion of a flight where planned
operations will subject a reusable suborbital vehicle to the effects of
altitude, velocity, acceleration, or burn duration that exceed a level
or duration successfully verified during an earlier flight.
    Exclusion area means an area, within an operating area, that a
reusable suborbital vehicle's instantaneous impact point may not
traverse.
    Operating area means a three-dimensional region where permitted
flights may take place.
    Permitted vehicle means a reusable suborbital rocket or a reusable
launch vehicle that will be launched into a suborbital trajectory or
reentered that is operated by a launch or reentry operator under an
experimental permit.
    Reentry impact point means the location of a reusable suborbital
vehicle's instantaneous impact point during its unpowered
exoatmospheric suborbital flight.
0
14. Revise Sec.  437.5 to read as follows:

Sec.  437.5   Eligibility for an experimental permit.

    The FAA will issue an experimental permit to a person to launch or
reenter a reusable suborbital vehicle only for--
    (a) Research and development to test design concepts, equipment, or
operating techniques;
    (b) A showing of compliance with requirements for obtaining a
license under this subchapter; or
    (c) Crew training for a launch or reentry using the design of the
reusable suborbital vehicle for which the permit would be issued.
0
15. Amend Sec.  437.7 by revising the introductory text and paragraph
(b) to read as follows:

Sec.  437.7   Scope of an experimental permit.

    An experimental permit authorizes launch or reentry of a reusable
suborbital vehicle. The authorization includes pre- and post-flight
ground operations as defined in this section.
* * * * *
    (b) A post-flight ground operation includes each operation
necessary to return the reusable suborbital vehicle to a safe condition
after it lands or impacts.
0
16. Revise Sec.  437.9 to read as follows:

Sec.  437.9   Issuance of an experimental permit.

    The FAA issues an experimental permit authorizing an unlimited
number of launches or reentries for a reusable suborbital vehicle
design for the uses described in Sec.  437.5.
0
17. Amend Sec.  437.21 by revising paragraphs (b)(1)(i) and (iv),
(b)(3), (c), and (d) to read as follows:

Sec.  437.21   General.

* * * * *
    (b) * * *
    (1) * * *
    (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 vehicle 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 vehicle launches or reentries.
* * * * *
    (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 permitted activities in compliance with NEPA and the
Council on Environmental Quality Regulations for Implementing the
Procedural Provisions of NEPA.
* * * * *
    (3) Human space flight. An applicant proposing to conduct a
permitted operation with a human being on board a reusable suborbital
vehicle must demonstrate compliance with Sec. Sec.  460.5, 460.7,
460.11, 460.13, 460.15, 460.17, 460.51, 460.53, 460.59, 460.61, and
460.67 of this subchapter.
    (c) Use of a safety element approval. If an applicant proposes to
use any reusable suborbital 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 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.
    (d) Inspection before issuing a permit. Before the FAA issues an
experimental permit, an applicant must make each reusable suborbital
vehicle planned to be flown available to the FAA for inspection. The
FAA will determine whether each reusable suborbital vehicle is built as
represented in the application.
* * * * *
0
18. Amend Sec.  437.23 by revising paragraphs (a) and (b) to read as
follows:

Sec.  437.23   Program description.

    (a) An applicant must provide--
    (1) Dimensioned three-view drawings or photographs of the reusable
suborbital vehicle; and
    (2) Gross liftoff weight and thrust profile of the reusable
suborbital vehicle.
    (b) An applicant must describe--
    (1) All reusable suborbital vehicle systems, including any
structural, flight control, thermal, pneumatic, hydraulic, propulsion,
electrical, environmental control, software and computing systems,
avionics, and guidance systems used in the reusable suborbital vehicle;
    (2) The types and quantities of all propellants used in the
reusable suborbital vehicle;
    (3) The types and quantities of any hazardous materials used in the
reusable suborbital vehicle;
    (4) The purpose for which a reusable suborbital vehicle is to be
flown; and
* * * * *
0
19. Amend Sec.  437.25 by revising paragraph (c) to read as follows:

Sec.  437.25   Flight test plan.

* * * * *
    (c) For each operating area, provide the planned maximum altitude
of the reusable suborbital vehicle.
0
20. Amend Sec.  437.31 by revising paragraphs (a) introductory text,
(a)(1), and (b), to read as follows:

Sec.  437.31   Verification of operating area containment and key
flight-safety event limitations.

    (a) An applicant must identify, describe, and provide verification
evidence of the methods and systems used to meet the requirement of
Sec.  437.57(a) to contain its reusable suborbital vehicle's
instantaneous impact point within an operating area and outside any
exclusion area. The description must include, at a minimum--
    (1) Proof of physical limits on the ability of the reusable
suborbital vehicle to leave the operating area; or
* * * * *
    (b) An applicant must identify, describe, and provide verification
evidence of the methods and systems used to meet the requirements of
Sec.  437.59 to conduct any key flight-safety event so that the
reusable suborbital vehicle's instantaneous impact point, including its
expected dispersions, is over unpopulated or sparsely populated areas,
and to conduct each reusable suborbital vehicle flight so that the
reentry impact point does not loiter over a populated area.
0
21. Revise Sec.  437.33 to read as follows:

Sec.  437.33   Landing and impact locations.

    An applicant must demonstrate that each location for nominal
landing or any contingency abort landing of the reusable suborbital
vehicle, and each location for any nominal or contingency impact or
landing of a component of that reusable suborbital vehicle, satisfies
Sec.  437.61.
0
22. Amend Sec.  437.53 by revising the introductory text to read as
follows:

Sec.  437.53   Pre-flight and post-flight operations.

    A permittee must protect the public from adverse effects of
hazardous operations and systems in preparing a reusable suborbital
vehicle for flight at a launch site in the United States and returning
the reusable suborbital vehicle and any support equipment to a safe
condition after flight. At a minimum, a permittee must--
* * * * *
0
23. Amend Sec.  437.57 by revising paragraphs (a) and (c) to read as
follows:

Sec.  437.57   Operating area containment.

    (a) During each permitted flight, a permittee must contain its
reusable suborbital vehicle's instantaneous impact point within an
operating area determined in accordance with paragraph (b) and outside
any exclusion area defined by the FAA in accordance with paragraph (c)
of this section.
* * * * *
    (c) The FAA may prohibit a reusable suborbital vehicle's
instantaneous impact point from traversing certain areas within an
operating area by designating one or more areas as exclusion areas, if
necessary to protect public health and safety, safety of property, or
foreign policy or national security interests of the United States. An
exclusion area may be confined to a specific phase of flight.
0
24. Amend Sec.  437.59 by revising paragraph (a) introductory text and
(b) to read as follows:

Sec.  437.59   Key flight-safety event limitations.

    (a) A permittee must conduct any key flight-safety event so that
the reusable suborbital vehicle's instantaneous impact point, including
its expected dispersion, is over an unpopulated or sparsely populated
area. At a minimum, a key flight-safety event includes:
* * * * *
    (b) A permittee must conduct each reusable suborbital vehicle
flight so that the reentry impact point does not loiter over a
populated area.
0
25. Amend Sec.  437.61 by revising the introductory text to read as
follows:

Sec.  437.61   Landing and impact locations.

    For a nominal or any contingency abort landing of a reusable
suborbital vehicle, or for any nominal or

contingency impact or landing of a component of that reusable
suborbital vehicle, a permittee must use a location that--
* * * * *
0
26. Amend Sec.  437.71 by revising paragraphs (a), (c), (d), and (e) to
read as follows:

Sec.  437.71   Flight rules.

    (a) Before initiating flight, a permittee must confirm that all
systems and operations necessary to ensure that safety measures derived
from Sec. Sec.  437.55, 437.57, 437.59, 437.61, 437.63, 437.65, 437.67,
and 437.69 are within acceptable limits.
* * * * *
    (c) A permittee may not operate a reusable suborbital vehicle in a
careless or reckless manner that would endanger any member of the
public during any phase of flight.
    (d) A permittee may not operate a reusable suborbital vehicle in
areas designated in a Notice to Airmen under 14 CFR 91.137, 91.138,
91.141, or 91.145, unless authorized by:
    (1) Air Traffic Control; or
    (2) A Flight Standards Certificate of Waiver or Authorization.
    (e) For any phase of flight where a permittee operates a reusable
suborbital vehicle like an aircraft in the National Airspace System, a
permittee must comply with the provisions of 14 CFR part 91 specified
in an experimental permit issued under this part.
0
27. Amend Sec.  437.85 by revising paragraph (a) to read as follows:

Sec.  437.85   Allowable design changes; modification of an
experimental permit.

    (a) The FAA will identify in the experimental permit the type of
changes that the permittee may make to the reusable suborbital vehicle
design without invalidating the permit.
* * * * *
0
28. Revise Sec.  437.91 to read as follows:

Sec.  437.91   For hire prohibition.

    No permittee may carry any property or human being for compensation
or hire on a reusable suborbital vehicle.
0
29. Revise Sec.  437.95 to read as follows:

Sec.  437.95   Inspection of additional reusable suborbital vehicles.

    A permittee may launch or reenter additional reusable suborbital
vehicles of the same design under the permit after the FAA inspects
each additional reusable suborbital vehicle.

PART 440--FINANCIAL RESPONSIBILITY

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

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

0
31. Amend Sec.  440.3 by revising the definitions of ``Government
personnel'', ``Permit'', ``Permitted activity'', and ``Third party'' to
read as follows:

Sec.  440.3   Definitions.

* * * * *
    Government personnel means employees of the United States, its
agencies, and its contractors and subcontractors, involved in launch or
reentry services for an activity authorized by an FAA license or
permit. Employees of the United States include members of the Armed
Forces of the United States. Government personnel exclude government
astronauts.
* * * * *
    Permit means an authorization the FAA issues under this subchapter
for the launch or reentry of a reusable suborbital vehicle.
    Permitted activity means the launch or reentry of a reusable
suborbital vehicle conducted under a permit issued by the FAA.
* * * * *
    Third party means--
    (1) Any person other than:
    (i) The United States, any of its agencies, and its contractors and
subcontractors involved in launch or reentry services for a licensed or
permitted activity;
    (ii) A licensee, permittee, and its contractors and subcontractors
involved in launch or reentry services for a licensed or permitted
activity;
    (iii) A customer and its contractors and subcontractors involved in
launch or reentry services for a licensed or permitted activity;
    (iv) A member of a crew;
    (v) A space flight participant; and
    (vi) A government astronaut.
    (2) Government personnel, as defined in this section, are third
parties.
* * * * *
0
32. Amend Sec.  440.9 by revising paragraph (b)(2), (3), and (4) to
read as follows:

Sec.  440.9   Insurance requirements for licensed or permitted
activities.

* * * * *
    (b) * * *
    (2) The United States, its agencies, and its contractors and
subcontractors involved in a licensed or permitted activity;
    (3) Government personnel; and
    (4) Space flight participants. This paragraph (b)(4) shall cease to
be effective on September 30, 2025, unless public law modifies the
limitation in section 50914 of Title 51 of the U.S. Code.
* * * * *
0
33. Amend Sec.  440.17 by revising paragraphs (c) introductory text,
(d) introductory text, (e) introductory text, and (f) and adding
paragraph (g) to read as follows:

Sec.  440.17   Reciprocal waiver of claims requirements.

* * * * *
    (c) For each licensed or permitted activity in which the United
States, or its contractors and subcontractors, is involved or where
property insurance is required under Sec.  440.9(d), the Federal
Aviation Administration of the Department of Transportation, the
licensee or permittee, and each first-tier customer must enter into a
reciprocal waiver of claims agreement. The reciprocal waiver of claims
must be in a form acceptable to the Administrator and must provide
that:
* * * * *
    (d) For each licensed or permitted activity in which the United
States or its contractors and subcontractors are involved, the Federal
Aviation Administration of the Department of Transportation and each
space flight participant must enter into or have in place a reciprocal
waiver of claims agreement. The reciprocal waiver of claims must be in
a form acceptable to the Administrator.
* * * * *
    (e) For each licensed or permitted activity in which the United
States or its contractors and subcontractors is involved, the Federal
Aviation Administration of the Department of Transportation and each
crew member must enter into or have in place a reciprocal waiver of