[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24836-24837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10638]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 460
Regulatory Approach for Commercial Orbital Human Spaceflight
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of public meeting.
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SUMMARY: This notice announces a public meeting to solicit comments and
information from the public on the regulatory approach to commercial
orbital human spaceflight by the FAA. This public meeting is intended
to aid the FAA in its regulatory effort by receiving early input from
the affected community.
DATES: The meeting is scheduled for Thursday, May 26, 2011, starting at
8:30 a.m. Eastern Daylight Time. Written comments submitted to the
docket must be received no later than June 9, 2011.
ADDRESSES: DoubleTree by Hilton Hotel Cocoa Beach Oceanfront, 2080
North Atlantic Avenue, Cocoa Beach, FL 32931.
Persons who are unable to attend the meeting, or who otherwise wish
to submit written comments, may send comments identified by Docket
Number FAA-2011-0446 using any of the following methods:
Federal eRulemaking Portal: Go to http://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, 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 202-493-2251.
FOR FURTHER INFORMATION CONTACT: Randy Repcheck, Deputy Division
Manager, Regulations and Analysis Division, AST-300, Office of
Commercial Space Transportation, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, Telephone (202) 267-
8760, or e-mail at [email protected]; or Laura Montgomery, Senior
Attorney for Commercial Space Transportation, Regulations Division,
AGC-200, Office of the Chief Counsel, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591, Telephone (202)
267-3150, or e-mail at [email protected].
SUPPLEMENTARY INFORMATION: 51 U.S.C. Subtitle V, chapter 509 (Chapter
509) authorizes the Secretary of Transportation and, through
delegations, the FAA's Associate Administrator for Commercial Space
Transportation, to oversee, license, and regulate both launches and
reentries, and the operation of launch and reentry sites when carried
out by U.S. citizens or within the United States. 51 U.S.C. 50904,
50905. Chapter 509 directs the FAA to exercise this responsibility
consistent with public health and safety, safety of property, and the
national security and foreign policy interests of the United States,
and to encourage, facilitate, and promote commercial
[[Page 24837]]
space launch and reentry by the private sector. 51 U.S.C. 50905, 50903.
The Commercial Space Launch Amendments Act of 2004 (CSLAA) assigned
the FAA responsibility for regulating commercial human space flight. In
December 2006, the FAA issued human space flight regulations in
accordance with its authority to protect public health and safety. The
CSLAA prohibits the FAA from proposing regulations governing the design
or operation of a launch vehicle to protect the health and safety of
crew and space flight participants until December 23, 2012, or until a
design feature or operating practice has resulted in a serious or fatal
injury, or contributed to an event that posed a high risk of causing a
death or serious injury, to crew or space flight participants during a
licensed or permitted commercial human space flight. 51 U.S.C.
50905(c)(2) and (3). Until such time, the CSLAA only requires that a
space flight participant be informed of the risks of taking a ride on a
rocket. 51 U.S.C. 50905(b)(5). The FAA may also issue regulations
setting reasonable requirements for space flight participants,
including medical and training requirements. 51 U.S.C. 50905(b)(6).
Because of recent changes in U.S. policy and the effect they have
had on the commercial space transportation industry, the FAA is
planning to propose regulations to protect the health and safety of
crew and space flight participants for orbital human spaceflight as
soon as circumstances require after December 23, 2012. This initiative
is driven by the fact that the National Aeronautics and Space
Administration (NASA) is planning to contract with the private sector
to transport NASA astronauts to the International Space Station within
a few years, and is in the process of developing requirements for its
procurement of such services. The FAA's role in these flights is still
in work, but the transport of private individuals to Earth orbit, which
would require an FAA license, is expected to use the same space
transportation systems.
The FAA believes it is important to establish a regulatory
foundation as early as possible to provide industry assurance that
systems built to support NASA's missions will be compatible with future
FAA regulations. The CSLAA mandates that any regulations governing the
design or operation of a launch vehicle to protect the health and
safety of crew and space flight participants must take into
consideration the evolving standards of safety in the commercial space
flight industry. 51 U.S.C. 50905(c)(3). We fully concur. When
developed, the proposed regulations are planned to be a starting point
for a regulatory regime that will evolve over time as the industry
matures. Moreover, in order to facilitate the development of a
successful commercial human space transportation industry, the FAA and
NASA must develop complementary safety regimes for orbital human space
flight. As noted above, NASA has already begun to develop requirements
for its procurement of orbital transport services.
The public meeting 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 orbital human
spaceflight. The FAA will share its current philosophy, but is most
interested in the public's view on a number of regulatory issues such
as--
What the appropriate regulatory scope and breadth should
be,
What the appropriate mix of performance-based, process-
based, and prescriptive requirements should be,
What the appropriate level of safety the FAA should target
with its regulations,
What, if any, should be the medical requirements for space
flight participants,
How best to incorporate government and industry standards
into the licensing process,
How much flight testing should be required, and
How much control over a spacecraft ground personnel and
flight crew should have.
Any member of the public may present oral statements at the
meeting. For planning purposes please inform a person listed in the FOR
FURTHER INFORMATION CONTACT section by May 20, 2011, although we will
accommodate uncoordinated statements.
Written comments are also welcome during or after the meeting, but
must be submitted to the docket by June 9, 2011.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of the docket web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review the Department of Transportation's complete
Privacy Act Statement in the Federal Register published on April 11,
2000, (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket or 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.
Issued in Washington, DC on April 26, 2011.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2011-10638 Filed 5-2-11; 8:45 am]
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