[Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
[Notices]
[Pages 73597-73599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33937]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-1999-6574]
Small-Scale Rockets
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of public meeting.
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SUMMARY: The FAA announces an on-line public forum on the Internet to
solicit comments and information from the public on the regulation of
launches of small-scale rockets. Based on information received, the FAA
may initiate rulemaking to redefine the scope of launch activities that
would not require FAA licensing. The FAA is also considering a
simplified launch license (light-license) for designated classes of
launch activities. This on-line public forum is intended to aid the FAA
in its regulatory effort by receiving early input from the affected
community.
DATES: The on-line public forum will begin on February 28, 2000, at 9
a.m. EST and end on March 10, 2000, at 4:30 p.m. EST. Written comments
submitted to the docket must be received no later than March 24, 2000.
ADDRESSES: The on-line public forum can be reached by clicking the
``On-Line Public Forum'' hyperlink on the Associate Administrator for
Commercial Space Transportation's (AST) Internet home page, http://
ast.faa.gov, or going directly to http://ast.faa.gov/publicforum.
Persons who are unable to participate in the on-line public forum
and wish to submit written comments may mail or deliver their comments
in duplicate to: U.S. Department of Transportation Dockets, Docket No.
FAA-1999-6574, 400 Seventh Street, SW., Room Plaza 401, Washington, DC
20590. Comments may also be sent electronically to the Documents
Management System (DMS) at the following Internet address: http://
dms.dot.gov/ no later than March 24, 2000. Written comments, other than
those provided during the on-line public forum, may be filed and/or
examined in Room PL 401 between 10 a.m. and 5 p.m. weekdays except
Federal holidays. Written comments to the docket will receive the same
consideration as statements made during the on-line public forum.
FOR FURTHER INFORMATION CONTACT: J. Randall Repcheck, Licensing and
Safety Division, Commercial Space Transportation, (202) 267-8379,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; or Ms. Esta M. Rosenberg, Attorney-Advisor,
Regulations Division, Office of the Chief Counsel, (202) 366-9320.
SUPPLEMENTARY INFORMATION: The on-line public forum will allow near
real-time electronic discussion on the regulatory aspects of small-
scale rockets. The discussion will allow a large cross-section of the
interested public to share views with each other and the FAA, and
assist the FAA in redefining the regulatory framework for small-scale
rocket activities.
Background
Under 49 U.S.C. Subtitle IX, ch. 701, popularly referred to as the
Commercial Space Launch Act of 1984, as amended (CSLA or the Act), any
person proposing to launch a launch vehicle within the United States,
and any U.S. citizen proposing to launch a launch vehicle outside the
United States, must obtain a license authorizing the launch. 49 U.S.C.
70104(a). The FAA authorizes launches by the private sector to protect
public health and safety, safety of property, and national security
interests and foreign policy interests of the United States.
Regulations implementing the Act were issued in a final rule on
April 4, 1988. The 1988 final rule, Commercial Space Transportation
Licensing Regulations, 14 CFR Ch. III, exempted certain small-scale
rocket activities from licensing requirements. In the preamble to the
1988 final rule, the Office of Commercial Space Transportation (OCST),
the predecessor office within the Department of Transportation
responsible for carrying out the authority of the Secretary under the
Act, explained that Congress did not intend the CSLA to encompass
small-scale rocket launches from private sites conducted for
recreational or educational purposes. The OCST stated that these types
of launches do not warrant licensing and regulatory oversight under the
CSLA.\1\
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\1\ As explained in the preamble of the 1988 final rule:
[OCST's] licensing policies and procedures have been developed
for * * * commercial expendable launch vehicle (ELV) launches.
However, consistent with the legislative history of the Act, the
Office's regulatory guidance also provides adequate supervision for
any other non-Federal launch activity. Thus, launch activities
falling within the scope of the Office's authority may include
activities conducted for experimental, developmental, or research
purposes as well as those conducted without any apparent profit
motive.
At the same time, neither the Act nor its legislative history
evinces an intention to require licenses for small scale rocket
launches conducted for recreational or educational purposes at
private sites. These launches, which number annually in the
millions, are currently subject to state and local regulation, self-
regulation by the organizations sponsoring these activities, and
Federal airspace requirements. These existing guidelines and
requirements have been effective for purposes of protecting public
safety and any other national interest that may be associated with
these activities.
53 FR 11004, 11007.
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In the 1988 final rule, launches of small-scale rockets of limited
performance were termed ``amateur rocket activities.'' Under 14 CFR
401.5, a launch constituting an amateur rocket activity is one which
takes place from a private site and involves a rocket that meets all
three of the following criteria:
[[Page 73598]]
The rocket motor(s) has a total impulse of 200,000 pound-
seconds or less; and
The rocket motor(s) has a total burning time or operating
time of less than 15 seconds; and
The rocket has a ballistic coefficient--i.e., gross weight
in pounds divided by frontal area of rocket vehicle--less than 12
pounds per square inch.
Small-scale rocket technology has emerged since 1988 such that the
regulatory definition of ``amateur rocket activities'' may inadequately
define the full range of rocket activities that may be excluded from
FAA launch licensing because they do not pose sufficient risk to public
health and safety and safety of property to warrant FAA licensing.
Conversely, the current definition may exclude from FAA licensing
certain launch activities that pose sufficient risk to public health
and safety and safety of property as to warrant FAA licensing. This
mismatching of the definition of ``amateur rocket activities'' with
current small-scale rocket activities is due to a number of development
since 1988, including:
(1) Small-scale launch vehicles that meet the criteria listed under
the definition of ``amateur rocket activities'' in 14 CFR part 401 have
become more powerful and sophisticated. These vehicles can achieve
higher performance levels than anticipated under the current definition
of ``amateur rocket activity.'' Higher performance can lead to the
ability to reach greater altitudes and travel greater distances
resulting in greater risk to public health and safety and safety of
property.
(2) A number of small-scale launch vehicles are being developed and
launched using liquid propellants. Even though these vehicles may not
have the size or power to warrant FAA licensing, they may have a burn
time of 15 seconds or more and therefore do not meet a criterion of
``amateur rocket activities.'' Under the current regulations, a person
wishing to launch a liquid-propelled launch vehicle with a burn time of
15 seconds or greater would require a license or would have to apply to
the FAA to waive the requirement for a license.
(3) New commercial launch concepts often begin with developmental
tests using prototypes or other test vehicles. Some test vehicles are
relatively powerful, but have limited altitude or range capability.
Launches of these vehicles may not meet the definition of amateur
rocket activities. However, launch vehicles that have limited altitude
and range can be contained within a controlled area without using a
flight safety system. Thus, only minimal safety measures are needed to
protect the public from launch hazards.
New Regulatory Initiative
The FAA is considering two issues. The first is the need to
redefine the scope of small-scale launch activities that may be
conducted without an FAA license. Small-scale rocket technology has
advanced over the years beyond that contemplated in the existing
definition. FAA licensing may be necessary for certain small-scale
rocket activities not currently licensed under the CSLA. Conversely,
certain launch activities that do not currently meet the definition of
``amateur rocket activity'' may not require FAA licensing for reasons
previously explained.
The second issue the FAA is considering is whether to establish a
new launch licensing procedure entailing fewer application requirements
or licensee responsibilities than those currently codified as part of
the FAA's launch licensing provisions. 14 CFR Parts 413 and 415. This
``light-license'' would be appropriate for certain small-scale rocket
activities that pose unacceptable risk to persons and property absent
the use of certain essential safety standards. A ``light-license''
would ensure, with minimal burden, that launch operators take
appropriate safety precautions to protect public health and safety and
the safety of property.\2\
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\2\ The FAA has the authority to waive certain requirements for
a license. Thus, today, the FAA can simplify the current licensing
process on a case-by-case basis. However, ti would be more efficient
for the FAA and the public if a streamlined licensing process can be
established with requirements tailored to a clearly defined class of
launch activity.
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Identifying activities within these two classes, unlicensed and
``light-licensed,'' is complicated because of the diversity of
activities, the wide range of launch vehicles used, and the number and
variety of launch sites used. The on-line public forum will enable the
FAA to solicit information from hobbyists, educators, rocket
organizations, launch companies with developmental or test vehicles,
state and local government agencies that regulate various aspects of
rocketry, private land owners whose land is used for rocket launches,
and the general public.
The FAA hopes that an on-line public forum that allows the public
to discuss diverse issues amongst themselves and with the FAA will
provide the agency with information on which the FAA can formulate
regulatory alternatives.
Information Requested
The FAA solicits on-line discussion and written comments on the
questions below and any other ideas the public may have. Note that all
of the FAA's regulatory decisions must be made with an understanding of
the costs and benefits of its actions. Therefore, the FAA requests that
commenters include estimates of costs for any proposal they recommend.
(1) What existing and future launch activities could be conducted
without FAA licensing? What criteria could be used to define these
activities? Possible criteria include--
The total impulse of the rocket's motors;
The maximum altitude the rocket can reach;
The physical size of the rocket;
The materials used to construct the rocket;
Whether professionally manufactured rocket motors are
used;
Whether the rocket's propulsion system uses liquid, solid,
or hybrid propellant;
Whether toxic propellants are used;
The size and location of the launch site; and
Whether the rocket is launched from a balloon or other
airborne platform.
(2) What existing and future launch activities would be appropriate
for a ``light-license?'' What criteria could be used to define these
activities? Should similar criteria be used as in question (1) but with
higher thresholds?
(3) For launch activities that are appropriate for a ``light-
license,'' what standards or safety measures should be required as a
matter of FAA licensing requirements to ensure public health and safety
and the safety of property? Possible safety measures include--
The use of trajectory and dispersion analyses during the
planning stages of a launch;
Analyzing the risks to the public during the planning
stages of a launch;
Determining and establishing hazard areas to contain
launch hazards; and
Using ``wind weighting'' to ensure the launch vehicle
flies within established hazard areas.
(4) What would be an appropriate application process for a ``light-
license?'' Would standard forms be helpful? Would electronic submission
be helpful?
(5) What else, not addressed above, should the FAA consider?
On-Line Public Forum
The public can join the on-line public forum by clicking the ``On-
Line Public
[[Page 73599]]
Forum'' hyperlink on the Associate Administrator for Commercial Space
Transportation's (AST) Internet home page, http://ast.faa.gov, or going
directly to http://ast.faa.govpublicforum.
The FAA will monitor public comments throughout the two-week forum.
The FAA may ask clarifying questions of commenters. The FAA will not
make any commitments or draw any conclusions during the open docket
period.
Issued in Washington, DC, on December 23, 1999.
Joseph A. Hawkins,
Acting Associate Administrator for Commercial Space Transportation.
[FR Doc. 99-33937 Filed 12-29-99; 8:45 am]
BILLING CODE 4910-13-M
