15296 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Proposed Rules DEPARTMENT OF TRANSPORTATION Docket: Background documents or FSS—Flight safety system comments received may be read at PC—Probability of casualty Federal Aviation Administration http://www.regulations.gov at any time. PI—Probability of impact Follow the online instructions for RLV—Reusable launch vehicle 14 CFR Parts 401, 404, 413, 414, 415, accessing the docket or go to the Docket Table of Contents 417, 420, 431, 433, 435, 437, 440, and Operations in Room W12–140 of the 450 I. Overview of Proposed Rule West Building Ground Floor at 1200 II. Background [Docket No.: FAA–2019–0229; Notice No. New Jersey Avenue SE, Washington, A. History 19–01] DC, between 9 a.m. and 5 p.m., Monday B. Licensing Process through Friday, except Federal holidays. C. National Space Council RIN 2120–AL17 FOR FURTHER INFORMATION CONTACT: For D. Streamlined Launch and Reentry Licensing Requirements Aviation Streamlined Launch and Reentry questions concerning this action, contact Randy Repcheck, Office of Rulemaking Committee Licensing Requirements III. Discussion of the Proposal Commercial Space Transportation, A. The FAA’s Approach To Updating and AGENCY: Federal Aviation Federal Aviation Administration, 800 Streamlining Launch and Reentry Administration (FAA), Department of Independence Avenue SW, Washington, Regulations Transportation (DOT). DC 205914; telephone (202) 267–8760; B. Single Vehicle Operator License ACTION: Notice of proposed rulemaking email [email protected]. C. Performance-Based Requirements and (NPRM). SUPPLEMENTARY INFORMATION: Means of Compliance D. Launch From a Federal Launch Range SUMMARY: This rulemaking would Authority for This Rulemaking E. Safety Framework streamline and increase flexibility in the Flight Safety The Commercial Space Launch Act of A. Public Safety Criteria FAA’s commercial space launch and 1984, as amended and codified at 51 1. Neighboring Operations Personnel reentry regulations, and remove obsolete U.S.C. 50901–50923 (the Act), 2. Property Protection (Critical Assets) requirements. This action would authorizes the Department of 3. Consequence Protection Criteria for consolidate and revise multiple Transportation, and the FAA through Flight Abort and Flight Safety System regulatory parts and apply a single set delegation, to oversee, license, and B. System Safety Program of licensing and safety regulations regulate commercial launch and reentry 1. Safety Organization across several types of operations and activities, and the operation of launch 2. Procedures vehicles. The proposed rule would 3. Configuration Management and Control and reentry sites as carried out by U.S. 4. Post-Flight Data Review describe the requirements to obtain a citizens or within the United States. C. Preliminary Safety Assessment for Flight vehicle operator license, the safety Section 50905 directs the FAA to D. Hazard Control Strategy requirements, and the terms and exercise this responsibility consistent E. Flight Abort conditions of a vehicle operator license. with public health and safety, safety of 1. Flight Safety Limits and Uncontrolled DATES: Send comments on or before property, and the national security and Areas June 14, 2019. foreign policy interests of the United 2. Flight Abort Rules 3. Flight Safety System ADDRESSES: Send comments identified States. In addition, section 50903 requires the FAA encourage, facilitate, F. Flight Hazard Analysis by docket number FAA–2019–0229 G. Computing Systems and Software using any of the following methods: and promote commercial space Overview Federal eRulemaking Portal: Go to launches and reentries by the private H. Hybrid Launch Vehicles http://www.regulations.gov and follow sector. I. Flight Safety Analysis Overview the online instructions for sending your If adopted as proposed, this J. Safety-Critical Systems comments electronically. rulemaking would consolidate and 1. Safety-Critical Systems Design, Test, and Mail: Send comments to Docket revise multiple regulatory parts to apply Documentation Operations, M–30; U.S. Department of a single set of licensing and safety 2. Flight Safety System K. Other Prescribed Hazard Controls Transportation (DOT), 1200 New Jersey regulations across several types of operations and vehicles. It would also 1. Agreements Avenue SE, Room W12–140, West 2. Safety-Critical Personnel Qualifications Building Ground Floor, Washington, DC streamline the commercial space 3. Work Shift and Rest Requirements 20590–0001. regulations by, among other things, 4. Radio Frequency Management Hand Delivery or Courier: Take replacing many prescriptive regulations 5. Readiness: Reviews and Rehearsals comments to Docket Operations in with performance-based rules, giving 6. Communications Room W12–140 of the West Building industry greater flexibility to develop 7. Preflight Procedures Ground Floor at 1200 New Jersey means of compliance that maximize 8. Surveillance and Publication of Hazard Avenue SE, Washington, DC, between 9 their business objectives while Areas 9. Lightning Hazard Mitigation a.m. and 5 p.m., Monday through maintaining public safety. Because this rulemaking would amend the FAA’s 10. Flight Safety Rules Friday, except Federal holidays. 11. Tracking Fax: Fax comments to Docket launch and reentry requirements, it falls 12. Launch and Reentry Collision Operations at 202–493–2251. under the authority delegated by the Avoidance Analysis Requirements Privacy: In accordance with 5 U.S.C. Act. 13. Safety at End of Launch 553(c), DOT solicits comments from the List of Abbreviations and Acronyms 14. Mishaps: Definition, Plan, Reporting, public to better inform its rulemaking Frequently Used in This Document Response, Investigation, Test-Induced process. DOT posts these comments, Damage without edit, including any personal AC—Advisory Circular L. Pre- and Post-Flight Reporting 1. Preflight Reporting information the commenter provides, to CEC—Conditional expected casualty EC—Expected casualty 2. Post-Flight Reporting www.regulations.gov, as described in ELOS determination—Equivalent-level-of- Ground Safety the system of records notice (DOT/ALL– safety determination A. Definition and Scope of Launch 14 FDMS), which can be reviewed at ELV—Expendable launch vehicle B. Ground Safety Requirements www.dot.gov/privacy. FSA—Flight safety analysis Process Improvements VerDate Sep<11>2014 18:49 Apr 12, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15APP2.SGM 15APP2 amozie on DSK9F9SC42PROD with PROPOSALS2 Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Proposed Rules 15297 A. Safety Element Approval A. Comments Invited process. That being said, the FAA has B. Incremental Review of a License B. Availability of Rulemaking Documents used the more detailed part 417 Application The Proposed Amendment requirements to inform parts 431 and C. Time Frames 435. While these separate regulatory D. Continuing Accuracy of License I. Overview of Proposed Rule parts and requirements satisfied the Application and Modification of License The FAA commercial space need of the commercial space Other Changes transportation regulations protect public A. Pre-Application Consultation transportation industry at the time they health and safety and the safety of 2 B. Policy Review and Approval property from the hazards of launch and were issued, the industry has changed C. Payload Review and Determination reentry. In addition, the regulations and continues to evolve. D. Safety Review and Approval The FAA proposes to consolidate, E. Environmental Review address national security and foreign policy interests of the United States, update, and streamline all launch and F. Additional License Terms and reentry regulations into a single Conditions, Transfer of a Vehicle financial responsibility, environmental Operator License, Rights Not Conferred impacts, informed consent for crew and performance-based part to better fit by a Vehicle Operator License space flight participants, and, to a today’s fast-evolving commercial space G. Unique Safety Policies, Requirements, limited extent, authorization of transportation industry. Proposed part and Practices payloads not otherwise regulated or 450 would include regulations H. Compliance Monitoring owned by the U.S. Government. The applicable to all launch and reentry I. Registration of Space Objects vehicles, whether they have reusable J. Public Safety Responsibility, Compliance FAA is proposing this deregulatory action consistent with President Donald components or not. The FAA looked to With License, Records, Financial balance the regulatory certainty but Responsibility, and Human Spaceflight J. Trump’s Space Policy Directive—2 Requirements (SPD–2) ‘‘Streamlining Regulations on rigidity of current ELV regulations with K. Applicability Commercial Use of Space.’’ 1 The the flexibility but vagueness of current L. Equivalent Level of Safety directive charged the Department of RLV regulations. As a result, these Additional Technical Justification and Transportation with revising regulations proposed regulations are flexible and Rationale to require a single license for all types scalable to accommodate innovative A. Flight Safety Analyses of commercial space flight operations safety approaches while also protecting 1. Scope and Applicability and replace prescriptive requirements public health and safety, safety of 2. Flight Safety Analysis Methods with performance-based criteria. property, and the national security and 3. Trajectory Analysis for Normal