Title 14—Aeronautics and Space--Volume 1
PART 435—REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH VEHICLE (RLV)
§ 435.1   General.
(a) Applicability. This part applies to the following—
(1) Licenses issued under this part before June 8, 2021; and
(2) Licenses issued on or after June 8, 2021, if the FAA accepted the application under § 413.11 of this chapter before that date.
(b) Scope. This part prescribes requirements for obtaining a license to reenter a reentry vehicle other than a reusable launch vehicle (RLV), and post-licensing requirements with which a licensee must comply to remain licensed. Requirements for preparing a license application are contained in part 413 of this subchapter.
(c) Equivalent level of safety. Each requirement of this part applies unless the applicant or licensee clearly and convincingly demonstrates that an alternative approach provides an equivalent level of safety to the requirement of this part.
§ 435.2   Licenses.
(a) Definitions. For the purposes of this subpart, the definitions of § 401.5 of this chapter apply.
(b) Compliance with part 450 of this chapter. Operations under this part must comply with launch and reentry collision avoidance requirements in § 450.169 and critical asset protection requirements in § 450.101(a)(4) and (b)(4).
§ 435.3   Types of reentry licenses.
(a) Reentry-specific license. A reentry-specific license authorizes a licensee to reenter one model or type of reentry vehicle, other than an RLV, to a reentry site or other location approved for the reentry. A reentry-specific license may authorize more than one reentry and identifies each reentry authorized under the license. A licensee's authorization to reenter terminates upon completion of all activities authorized by the license or the expiration date stated in the reentry license, whichever occurs first.
(b) Reentry-operator license. A reentry operator license authorizes a licensee to reenter any of a designated family of reentry vehicles, other than an RLV, within authorized parameters, including trajectories, transporting specified classes of payloads to any reentry site designated in the license. A reentry operator license is valid for a 2-year renewable term.
(c) Duration of license. Notwithstanding the duration for a license established in paragraphs (a) and (b) of this section, no license issued under this part will be valid after March 10, 2026.
§ 435.5   Policy and safety approvals.
To obtain a reentry license, an applicant must obtain policy and safety approvals from the FAA. Requirements for obtaining these approvals are contained in subparts B and C of this part. Only a reentry license applicant may apply for the approvals, and may apply for either approval separately and in advance of submitting a complete license application, using the application procedures contained in part 413 of this subchapter.
§ 435.7   Payload reentry determination.
(a) A payload reentry determination is required to transport a payload to Earth on a reentry vehicle unless the proposed payload is exempt from payload review.
(b) A payload reentry determination made under a previous license application under this subchapter may satisfy the requirements of paragraph (a) of this section.
(c) The FAA conducts a review, as described in subpart D of this part, to make a payload reentry determination. Either a reentry license applicant or a payload owner or operator may request a review of the proposed payload using the application procedures contained in part 413 of this subchapter. Upon receipt of an application, the FAA may conduct a payload reentry review independently of a reentry license application.
§ 435.8   Human space flight.
To obtain a reentry license, an applicant proposing to conduct a reentry with a space flight participant, crew, or government astronaut on board the vehicle must demonstrate compliance with §§ 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.
§ 435.9   Issuance of a reentry license.
(a) The FAA issues a reentry license to an applicant who has obtained all approvals and determinations required under this chapter for a reentry license.
(b) A reentry license authorizes a licensee to reenter a reentry vehicle and payload, if any, in accordance with the representations contained in the reentry licensee's application, subject to the licensee's compliance with terms and conditions contained in license orders accompanying the reentry license, including financial responsibility requirements.
§ 435.11   Additional license terms and conditions.
The FAA may amend a reentry license at any time by modifying or adding license terms and conditions to ensure compliance with 51 U.S.C. Subtitle V, chapter 509, and applicable regulations.
§ 435.13   Transfer of a reentry license.
(a) Only the FAA may transfer a reentry license.
(b) An applicant for transfer of a reentry license shall submit a reentry license application in accordance with part 413 of this subchapter and satisfy the applicable requirements of this part. The FAA will transfer a reentry license to an applicant who has obtained all of the approvals and determinations required under this chapter for a reentry license. In conducting its reviews and issuing approvals and determinations, the FAA may incorporate any findings made part of the record to support the initial licensing determination. The FAA may modify a reentry license to reflect any changes necessary as a result of a reentry license transfer.
§ 435.15   Rights not conferred by reentry license.
Issuance of a reentry license does not relieve a licensee of its obligation to comply with requirements of law that may apply to its activities.
§§ 435.16-431.20   [Reserved]
§ 435.21   General.
The FAA issues a policy approval to a reentry license applicant upon completion of a favorable policy review. A policy approval is part of the licensing record on which the licensing determination is based.
§ 435.23   Policy review requirements and procedures.
Unless otherwise indicated in this subpart, regulations applicable to policy review and approval of the reentry of an RLV contained in part 431, subpart B of this subchapter shall apply to the policy review conducted for a license to reenter a reentry vehicle under this part.
§§ 435.24-435.30   [Reserved]
§ 435.31   General.
The FAA conducts a safety review to determine whether an applicant is capable of reentering a reentry vehicle and payload, if any, to a designated reentry site without jeopardizing public health and safety and the safety of property. A safety approval is part of the licensing record on which the licensing determination is based.
§ 435.33   Safety review requirements and procedures.
Unless otherwise stated in this subpart, regulations applicable to safety review and approval of the reentry of an RLV contained in part 431, subpart C of this subchapter shall apply to the safety review conducted for a license to reenter a reentry vehicle under this part.
§ 435.35   Acceptable reusable launch vehicle risk.
To obtain safety approval for reentry, an applicant must demonstrate the following for public risk:
(a) The risk to the collective members of the public from the proposed launch meets the public risk criteria of § 417.107(b)(1) of this chapter;
(b) The risk level to the collective members of the public, excluding persons in water-borne vessels and aircraft, from each proposed reentry does not exceed an expected number of 1 × 10 −4 casualties from impacting inert and explosive debris and toxic release associated with the reentry; and
(c) The risk level to an individual does not exceed 1 × 10 −6 probability of casualty per mission.
§§ 435.36-435.40   [Reserved]
§ 435.41   General.
The FAA conducts a payload reentry review to examine the policy and safety issues related to the proposed reentry of a payload, except a U.S. Government payload, to determine whether the FAA will approve the reentry of the payload.
§ 435.43   Payload reentry review requirements and procedures.
Unless otherwise indicated in this subpart, regulations contained in part 431, subpart D of this subchapter applicable to a payload reentry review and determination for reentering a payload using an RLV shall apply to the payload reentry review conducted for a license to reenter a reentry vehicle under this part.
§§ 435.44-435.50   [Reserved]
§ 435.51   General.
Unless otherwise indicated in this subpart, post-licensing requirements contained in part 431 subpart E, of this subchapter applicable to a license to reenter an RLV shall apply to a license issued under this part.
§§ 435.52-435.60   [Reserved]
§ 435.61   General.
Unless otherwise indicated in this subpart, environmental review requirements contained in part 431 subpart F, applicable to a license to reenter an RLV shall apply to an application for a reentry license under this part.
§§ 435.62-435.70   [Reserved]