[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Rules and Regulations]
[Pages 76714-76730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20900]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

[Docket No. FAA-2023-1656; Amdt. Nos. 401-10, 413-13, 415-8, 431-8, 
435-6, 437-4, 440-7, 450-3, 460-4]
RIN 2120-AL19


U.S. Commercial Space Launch Competitiveness Act Incorporation

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule incorporates various changes required by the 
United States Commercial Space Launch Competitiveness Act of 2015. This 
final rule provides 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.

DATES: Effective November 18, 2024.
    The compliance date for this final rule is November 18, 2024.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

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 (202) 306-9069; email <a href="/cdn-cgi/l/email-protection#b6d5ded7c4dad3c598dec3d3c2f6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="beddd6dfccd2dbcd90d6cbdbcafed8dfdf90d9d1c8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

List of Abbreviations and Acronyms Frequently Used in This Document

Expendable Launch Vehicle (ELV)
International Civil Aviation Organization (ICAO)
Maximum Probable Loss (MPL)
National Aeronautics and Space Administration (NASA)
Reusable Launch Vehicle (RLV)
United States Commercial Space Launch Competitiveness Act (CSLCA)
United States Government (USG)

Table of Contents

I. Authority for This Rulemaking
II. Executive Summary
    A. Purpose of the Regulatory Action
    B. Changes From the Proposed Rule
    C. Summary of the Costs and Benefits
III. Background
    A. Summary of the NPRM
    B. General Overview of Comments
    C. Differences Between the NPRM and the Final Rule
IV. Discussion of Comments and the Final Rule
V. Regulatory Notices and Analyses
    A. Regulatory Impact Analysis
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. Environmental Analysis
VI. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    C. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory 
Cooperation
VII. Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act
List of Subjects

I. 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 United States. In 
addition, section 50903 requires the Secretary to encourage, 
facilitate, and promote commercial space launches and reentries by the 
private sector. As codified in 49 CFR 1.83(b), the Secretary has 
delegated authority to the FAA Administrator to carry out these 
functions.

II. Executive Summary

A. Purpose of the Regulatory Action

    This rule makes several changes to incorporate government 
astronauts in the regulations, in accordance with the United States 
Commercial Space Launch Competitiveness Act (CSLCA).\1\ It amends 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 CSLCA. Specifically, it adds definitions for 
``Government astronaut,'' ``International partner astronaut,'' and 
``International Space Station Intergovernmental Agreement,'' and 
revises definitions of ``Human space flight incident,'' ``Launch,'' 
``Launch accident,'' ``Reenter; reentry'' ``Reentry accident,'' and 
``Space flight participant,'' to incorporate changes required by adding 
the definition of ``Government astronaut.'' The rule also creates two 
new subparts in 14 CFR part 460 that include requirements for operators 
and applicants whose licensed or permitted operations involve 
government astronauts with and without safety-critical roles on board a 
vehicle. The rule revises the human space flight sections of parts 415, 
431, 435, 437, and 450 to add government astronauts to the list of 
people who can be on board a launch or reentry vehicle, and adds 
certain additional provisions in part 460 to the list of provisions 
with which an operator must comply.
---------------------------------------------------------------------------

    \1\ The CSLCA adds government astronauts as a third category of 
people on board launch or reentry vehicles, excludes government 
astronauts from the definition of third party, adds space flight 
participants to the waiver of claims with operators, and expands the 
applicability of permits to more types of vehicles and operations.
---------------------------------------------------------------------------

    Additionally, this rule expands the applicability of part 437 to 
include launching or reentering certain reusable suborbital vehicles. 
The rule also revises parts 401, 413, 415, 431, 435, 437, 440,

[[Page 76715]]

450, and 460 to make conforming amendments to expand the eligibility 
for an experimental permit from reusable suborbital rockets to reusable 
suborbital vehicles.
    The rule revises part 440 in accordance with the statute and makes 
conforming amendments. Specifically, it updates the financial 
responsibility requirements in part 440 to exclude government 
astronauts from the definitions of ``Third party'' and ``Maximum 
probable loss (MPL)''. It also adds space flight participants to the 
insurance requirements in Sec.  440.9 and the reciprocal waiver of 
claims requirements in Sec.  440.17. Finally, this rule removes the 
templates for waiver of claims and assumption of responsibilities in 
appendices B through E of part 440 from the regulations and places them 
in a separate advisory circular (AC).

B. Changes From the Proposed Rule

    The final rule makes several changes from the proposed rule. It 
replaces the proposed term ``human being,'' proposed in the notice, 
with ``crew, space flight participant, or government astronaut'' in the 
human space flight requirements of 14 CFR 415.8, 431.8, 435.8, and 
437.21(b)(3). In 14 CFR 440.3, the final rule does not adopt the 
proposed change to government personnel; and excludes government 
astronaut from the definitions of MPL and third party. The final rule 
amends the proposed language regarding the reciprocal waiver of claims 
templates to specify that the templates contained in advisory circular 
AC 440.17-1 satisfy the reciprocal waiver of claims requirements in 14 
CFR 440.17. The final rule replaces the proposed requirement in 14 CFR 
460.59(d)(1) to track and update government astronaut training in 
writing with the requirement to provide traceability to revisions or 
changes to government astronaut training. Finally, the final rule 
changes the proposed requirement for operators to train government 
astronauts in 14 CFR 460.59 and 460.67 to a requirement that operators 
ensure government astronauts are trained.

C. Summary of the Costs and Benefits

    These changes have a minimal impact on licensed commercial space 
activity with government astronauts because the changes align 
regulations with the current statutory requirements and practices for 
crew, space flight participants, and government astronauts. The FAA has 
been applying the statutory changes since they went into effect in 
2015. Since this rule codifies these current practices, there is 
effectively no change from the baseline practice without the rule, and 
therefore no measurable resulting benefits or costs.

III. Background

A. Summary of the NPRM

    On August 18, 2023, the FAA published the notice of proposed 
rulemaking (NPRM) titled ``U.S. Commercial Space Launch Competitiveness 
Act Incorporation'' (88 FR 56546). The FAA also posted draft guidance 
material for the proposal in the form of a draft ``AC 440.17-1 
Reciprocal Waiver of Claims Requirements'' for comment in the NPRM 
docket. This NPRM proposed to amend 14 CFR parts 401, 413, 415, 431, 
435, 437, 440, 450, and 460 by incorporating statutory changes 
resulting from the CSLCA. The NPRM proposed to add definitions for 
``Government astronaut,'' ``International partner astronaut,'' and 
``International Space Station Intergovernmental Agreement'' and revise 
other definitions required to address the addition of ``Government 
astronaut.'' The NPRM also proposed expanding applicability of 
permitted operations for suborbital rockets to suborbital launch and 
reentry vehicles; revising the human space flight sections of parts 
415, 431, 435, 437, and 450 to include the term ``human being'' to 
incorporate government astronauts; updating the financial 
responsibility requirements to exclude government astronauts from the 
definitions of ``Third party'' and ``Government personnel'' in part 
440; adding space flight participants to the insurance requirements in 
Sec.  440.9, and the reciprocal waiver of claims requirements in Sec.  
440.17; and removing the templates for waiver of claims and assumption 
of responsibilities in appendices B through E of part 440 from the 
regulations and placing them in a separate advisory circular (AC). 
Finally, the NPRM proposed creating two new subparts in 14 CFR part 460 
to include requirements for operators and applicants who's licensed or 
permitted operations involve government astronauts with and without 
safety-critical roles on board a vehicle.

B. General Overview of Comments

    The FAA received 15 comments from individuals, industry 
associations, and launch and reentry operators. All of the commenters 
generally supported the proposed changes; however, some suggested 
changes to the proposal, as discussed more fully in Section IV.
    The FAA received comments on the following general areas of the 
proposal:

1. Removing government astronauts from the definition of third party
2. Duplication of requirements
3. Informed consent of government astronauts
4. Government astronauts without a safety-critical role
5. Moving waiver of claims templates to an advisory circular
6. Government astronauts on permitted operations
7. Tracking government astronaut training requirements
8. Environmental controls
9. Use of the term ``human being''
10. Aeronautical knowledge requirement
11. Permit eligibility
12. Government astronauts on foreign vehicles
13. Clarification on the role of international partner astronauts
14. Training of space flight participants for safety critical roles
15. Use of American National Standards Institute (ANSI) standard for 
human spaceflight ontology
16. Transparency of MPL Methodology
17. Commercial Use of Asteroid or Space Resources

C. Differences Between the NPRM and the Final Rule

    The final rule does not adopt the proposed change to the definition 
of ``government personnel'' in 14 CFR 440.3; and excludes government 
astronauts from the definitions of third party and maximum probable 
loss in the same section. The final rule replaces the proposed term 
``human being'' with ``crew, space flight participant, or government 
astronaut'' in 14 CFR 415.8, 431.8, 435.8, and 437.21(b)(3). The FAA 
also amends the government astronaut training requirements in the final 
rule to make clear that an operator must ensure government astronauts 
are appropriately trained but is not required to conduct that training 
itself. Finally, the final rule allows electronic means of tracking 
government astronaut training.

IV. Discussion of Comments and the Final Rule

    The FAA makes changes to this final rule in response to comments 
made by the public. Summaries of the comments and the FAA's responses 
are grouped by category in the following subsections.

A. Treatment of Government Astronauts Under Part 440

    In accordance with the CSLCA,\2\ this rule excludes government 
astronauts from the definition of third party. It also revises the 
definition of maximum

[[Page 76716]]

probable loss (MPL) such that government astronauts are not included in 
MPL calculations. It makes no change to the definition of government 
personnel.\3\
---------------------------------------------------------------------------

    \2\ 51 U.S.C. 50902 and 50914.
    \3\ The NPRM proposed changing the definition of ``government 
personnel'' but the final rule is not adopting that change.
---------------------------------------------------------------------------

    Title 51 U.S.C. chapter 509 requires a licensee to obtain insurance 
or demonstrate financial responsibility in amounts to compensate for 
the maximum probable loss from claims by third parties and the United 
States Government (USG) for certain specified claims. 51 U.S.C. 
50914(a)(1). By excluding government astronauts from the definition of 
third party, government astronauts must also necessarily be excluded 
from the MPL calculation in Sec.  50914(a)(1)(A). The NPRM proposed to 
exclude government astronauts from the definition of ``third party'' 
and consequently the definition of ``government personnel'' because 
government personnel are third parties under 14 CFR 440.3. Under the 
proposal, the presence of government astronauts during licensed or 
permitted activities would not affect the amount of insurance coverage 
operators are required to obtain under 14 CFR 440.9. Additionally, by 
excluding government astronauts from the definition of ``government 
personnel'' in Sec.  440.3, government astronauts would have also 
necessarily been excluded as additional insureds under Sec.  440.9(b).
    Multiple commenters indicated that it is not clear in the NPRM who 
is responsible for losses to government astronauts during licensed 
activities. Sierra Space commented that it believes section 112(j) of 
the CSLCA amended the definition of ``third party'' in 51 U.S.C. 
50902(26) to exclude government astronauts. Sierra Space found that 
this is a logical exclusion, as government astronauts are intentionally 
incorporated and integrated into launch missions and should not be 
treated as third parties for liability purposes.
    Virgin Galactic commented that the removal of government astronauts 
from the definition of government personnel removes the requirement for 
licensees to obtain an insurance policy to protect government 
astronauts from their potential liability in their involvement in 
launch or reentry services. Virgin Galactic also commented that the 
exclusion of government astronauts from the definition of third party 
will prevent the FAA from including potential government astronaut 
claims in MPL calculations. Virgin Galactic requested that the FAA 
address the implications the exclusion of government astronauts from 
the definition of third party will have on MPL determinations and 
indemnification eligibility under 51 U.S.C. 50915. Virgin Galactic 
noted that it understands the proposed rule as preventing licensees 
from being eligible for government indemnification when carrying 
government astronauts as government astronauts are neither third 
parties nor government personnel.
    In the final rule, the FAA explicitly excludes government 
astronauts from the definition of ``third party'' in Sec.  440.3 by 
adding the phrase ``excluding government astronauts'' and adding text 
that excludes government astronauts from government personnel as it is 
used in the definition of ``third party.'' Excluding government 
astronauts from being considered a third party effectively means that 
government astronauts are not included in MPL calculations and are 
therefore prevented from bringing claims as third parties. The presence 
of government astronauts on board a launch or reentry vehicle would 
therefore not increase MPL values. Because government astronauts are 
not third parties, they cannot recover for bodily injury or property 
damage they may suffer during licensed activities using the licensee's 
or permittee's insurance required under Sec.  440.9. However, the USG 
could be responsible for losses to government astronauts who are USG 
employees because the USG agrees to be responsible for personal injury 
to, death of, or property damage or loss sustained by its own employees 
through the waiver of claims.
    Excluding government astronauts from the definition of third 
parties does not affect the government indemnification provisions in 51 
U.S.C. 50915. Section 50915 states that the USG, subject to 
appropriation or additional legislative authority, shall provide for 
the payment of certain successful claims by a third party as a result 
of licensed activity to the extent the total amount of successful 
claims related to one launch or reentry exceeds the insurance or 
demonstration of financial responsibility values and is less than the 
maximum amount set in Sec.  50915(a)(1)(B). Virgin Galactic stated that 
it understands the proposal would prevent licensees from being eligible 
for government indemnification when carrying government astronauts as 
the government astronauts are neither third parties nor government 
personnel under the proposed rule.
    The characterization of government astronauts as not being third 
parties under the CSLCA and part 440 does not affect whether a licensee 
receives government indemnification under Sec.  50915. Rather, the 
total number of successful claims, along with the necessary 
appropriations or legislation, are determining factors in whether a 
licensee receives government indemnification. A licensed activity with 
only government astronauts on board would not render that activity 
ineligible for government indemnification of a successful claim of a 
third party.
    In the final rule, the FAA does not amend the definition of 
government personnel in 14 CFR 440.3. By rulemaking finalized in 1998, 
the FAA added the term ``government personnel'' to part 440 and added 
government personnel to the list of additional insureds. Financial 
Responsibility Requirements for Licensed Launch Activities, Final Rule, 
63 FR 45592 (Aug. 26, 1998). As it explained in the preamble to the 
final rule, the FAA made these changes in response to a Senate Report 
stating that Congress intended for government personnel directly 
associated with the commercial launch operations to be classified as 
third parties. S. Rep. No. 100-593 (1988). The FAA additionally stated 
in the Financial Responsibility Requirements for Licensed Launch 
Activities NPRM, published in 1996, that treating government personnel 
as third parties and naming them as additional insureds is in accord 
with the definition of third party contained in the statute. Financial 
Responsibility Requirements for Licensed Launch Activities, NPRM, 61 FR 
38992 (July 25, 1996). This is because employees of the USG are 
different than the USG as an entity. Because of this distinction, 
treating USG employees as third parties did not conflict with the 
statute.
    In 2015, Congress explicitly excluded government astronauts from 
the definition of third parties. There is no legislative history to 
suggest that Congress also wanted the FAA to exclude government 
astronauts who are USG personnel from being protected as additional 
insureds. In fact, under the CSLCA, Congress made changes to the 
additional insureds requirement in 51 U.S.C. 50914(a)(4) by adding 
space flight participants as additional insureds but did not make any 
changes to explicitly exclude government astronauts. Therefore, 
government astronauts who are USG personnel should also be treated as 
additional insureds. The FAA need not make any changes to Sec.  
440.9(b) to include government astronauts because any government 
astronauts who are employees of the USG are necessarily

[[Page 76717]]

included as additional insureds by being government personnel.

B. Duplication of Requirements

    This rule finalizes the proposal to create two new subparts in part 
460 to address the training of government astronauts with safety-
critical and non-safety-critical roles during licensed activity. The 
FAA revises the language in the proposal regarding training government 
astronauts to clarify that while an operator is responsible for 
ensuring that a government astronaut is appropriately trained, the 
operator itself is not required to conduct the training.
    SpaceX commented that the FAA's proposed changes to part 460 would 
duplicate training requirements with no material increase to public 
safety and would place additional regulatory burden on operators. 
SpaceX argued that NASA's training requirements are sufficient and 
should automatically be accepted by the FAA. SpaceX also noted that it 
believes the NPRM could potentially conflict with NASA's or other 
government agencies' training requirements in the future. SpaceX stated 
that the FAA already recognizes the appropriateness of certain NASA 
training requirements by referring to them in the NPRM. SpaceX also 
noted that all or nearly all of the part 460 regulations could be met 
by current Crew Dragon training approved by NASA as part of the 
Commercial Crew Program. While SpaceX agreed with the FAA's statements 
in the NPRM that the FAA has broader regulatory authority to protect 
public safety, SpaceX does not believe the FAA has articulated why a 
streamlined acceptance of NASA training requirements is insufficient to 
protect public safety. To support its position, SpaceX stated that the 
part 450 payload review and determination requirements explicitly 
remove any duplication of government oversight in Sec.  450.43(b) in 
which the FAA defers payload review to agencies with principal 
regulatory responsibility. SpaceX noted that the FAA should adopt the 
same approach as it relates to government astronaut training 
requirements in part 460. SpaceX recommended that the FAA revise the 
final rule to codify that its training requirements are ``not intended 
to duplicate, conflict with, or replace NASA's training requirements 
for government astronauts'' by following the Sec.  450.43(b) model. 
SpaceX suggested a single update in Sec.  460.59 applicable only to 
government astronauts that states ``An operator must certify that each 
government astronaut is trained in accordance with requirements 
established or approved by the National Aeronautics and Space 
Administration for government astronauts.'' SpaceX stated that these 
revisions will provide flexibility for any future updates to training 
processes with NASA or the incorporation of NASA-approved training 
regimens with other government agencies, both domestically and 
internationally.
    Under 51 U.S.C. chapter 509, the FAA has the authority and 
responsibility to protect public safety during launches and reentries. 
NASA does not share this public safety oversight authority. Because 
government astronauts may have the ability to affect public safety, the 
FAA must establish regulations to mitigate any public safety risk. 
Furthermore, the FAA notes that NASA does not currently provide all 
government astronaut training for a commercially operated mission. An 
operator would provide vehicle- and mission-specific training because 
it is the most familiar with the specific vehicle and operation. The 
FAA chose to use part 460 crew training requirements to evaluate past 
licenses involving government astronauts because crew similarly have 
the capability to affect public safety. An operator can meet part 460 
requirements by leveraging the contractual obligations between NASA and 
the operator. NASA contractual obligations require the operator to 
comply with requirements NASA uses to certify operations to the 
International Space Station contained in the Crew Transportation 
Technical Management Process CCT-PLN-1120 Section 6.3.1, Crew 
Transportation and Services Requirements Document CCT-REQ-1130 Section 
3.8.5.1, and Crew Transportation Operations Standards CCT-STD-1150 
Section 5. NASA certifies that government astronauts received the 
training required by contract, and the FAA uses that certification as 
verification that the operator meets the FAA regulations. NASA provides 
certification and the FAA evaluates the contractual requirements during 
the licensing process. The FAA notes that there will be no change to 
how licenses involving government astronauts are evaluated and issued 
as a result of this rule.
    The payload review requirements in 14 CFR 450.43(b) specify that 
the FAA will not make a payload determination for those aspects of 
payloads that are subject to regulation by the Federal Communications 
Commission (FCC) or the Department of Commerce. The FAA will review all 
payloads to determine their effect on safety of launch but will not 
make a determination on those aspects of payloads that are subject to 
regulation by the FCC or the Department of Commerce. Streamlined Launch 
and Reentry License Requirements, Final Rule, 85 FR 79566, 79589 (Dec. 
10, 2020). Similarly, in this rule, the FAA finalizes requirements that 
allow the FAA to satisfy its responsibility to evaluate licenses for 
operations including government astronauts for the purposes of a 
government astronaut's potential to affect public safety.
    While the FAA maintains its authority to issue regulations relating 
to the training of government astronauts to protect public safety, it 
acknowledges that the operator may not always be the entity conducting 
the training. For example, some training may be provided by NASA or by 
a contractor. Therefore, in this final rule the FAA changes the text in 
Sec. Sec.  460.59 and 460.67 training sections for government 
astronauts from ``an operator must train each government astronaut'' to 
``an operator must ensure that each government astronaut is trained''. 
Instead of requiring operators to train each government astronaut, the 
FAA rule specifies that an operator must ensure that training has been 
provided to each government astronaut. This change clarifies that 
operators do not necessarily need to be the entity providing the 
training; however, the requirement is still levied on the operator to 
ensure that government astronauts have been trained in accordance with 
the regulatory requirements.

C. Informed Consent of Government Astronauts

    This final rule does not require government astronauts to sign 
informed consent forms with operators. Two commenters disagreed with 
this approach.
    Virgin Galactic commented that not all potential government 
astronauts may be in the NASA Astronaut Corps or have the level of 
training to understand the inherent risks associated with spaceflight 
activities. Virgin Galactic also commented that there are several state 
statutes that protect licensees from liability when informed consent is 
provided.
    Blue Origin commented that the requirements in Sec.  460.45 are 
intended to illuminate the specific risks and hazards associated with 
the commercial safety record of each launch vehicle, as well as the 
general risks of spaceflight. Blue Origin noted that it remains prudent 
to provide government astronauts with the same information and 
opportunities for dialogue available to space flight participants. Blue 
Origin also recommended that government astronauts without safety-
critical roles

[[Page 76718]]

be informed of the risks associated with spaceflight, similar to the 
informed consent space flight participants must provide. Blue Origin 
suggested that the FAA adopt language similar to Sec.  460.45 in its 
proposed subpart D to apply the same requirement to government 
astronauts without a safety-critical role.
    The FAA is not adding a requirement that government astronauts 
provide informed consent to the final rule because, as it stated in the 
NPRM, government astronauts are aware of the risks of space flight. As 
explained in the NPRM, the NASA Administrator designates government 
astronauts, and that designation implies appropriate knowledge and 
training for the performance of official duties. In addition, there is 
no statutory requirement for government astronauts to sign informed 
consent forms and doing so may interfere with their rights under the 
Federal Employees' Compensation Act. Therefore, the U.S. government 
should inform government astronauts of any risks they may be exposed to 
while performing official duties. This applies to all government 
astronauts, including those with a safety-critical role.
    In response to Virgin Galactic's concern that state statutes 
protect licensees from liability when informed consent is provided, in 
most, if not all, of these states the respective statutes provide 
specific informed consent language that serves as a waiver of claims 
between the operator and the participant. The consideration of informed 
consent as a waiver of claims is further reason why a government 
astronaut should not sign an informed consent agreement with the 
operator because government astronauts do not waive claims.
    In response to Blue Origin's comment that government astronauts 
should receive the same mission information and opportunity to discuss 
that information with the operator, the FAA notes that the fact that 
there is not a regulatory requirement for government astronauts to sign 
an informed consent form does not preclude operators from providing 
information to and speaking with government astronauts. An operator may 
inform a government astronaut about the unique risks and safety record 
of the vehicle, but the FAA will not require a government astronaut's 
signature on an informed consent agreement.

D. Moving Waiver of Claims Templates to an AC

    This rule finalizes the proposal to move the templates for waiver 
of claims in appendix B through E of part 440 to a separate advisory 
circular and adds language to clarify that these templates are approved 
by the FAA and may be used to meet the requirements in Sec.  440.17.
    SpaceX disagreed with moving the templates to a separate advisory 
circular. Specifically, SpaceX noted that the inclusion of cross-
waivers in the part 440 appendices has streamlined negotiations related 
to cross-waivers between licensees or permittees and customers and has 
therefore also lessened FAA's burden to review cross-waiver submissions 
to ensure compliance with the regulations. SpaceX stated that although 
the current language of Sec.  440.17 allows for submission of a ``form 
that otherwise provides all the same obligations and benefits'' as the 
cross-waivers contained in the part 440 appendices, as a practical 
matter, licensees simply submit the cross-waiver forms contained in the 
appendices. SpaceX emphasized that moving the sample forms out of an 
appendix into a separate advisory circular will be confusing to less 
frequent signers of cross-waivers and will encourage more negotiation 
between the licensee or permittee and the individuals or entities 
required to sign cross-waivers. SpaceX noted that any such negotiation 
that results in changes to the cross-waiver language will then add to 
the FAA's burden by requiring the FAA to spend additional time 
reviewing the submission to ensure compliance with Sec.  440.17.
    Sierra Space commented that the language proposed in Sec.  440.17 
could potentially be read to imply that the Administrator must approve 
the form used for the waivers in each case. Sierra Space recommended 
rewording the language in Sec.  440.17 to clarify that review or 
approval by the Administrator is not required if a licensee adopts the 
language already set forth in a template published by the FAA.
    An individual commented that they support the FAA's proposal to 
move the cross-waiver templates to an advisory circular because the 
templates are merely examples of how to meet a regulation and are not 
themselves regulatory.
    This rule moves the waiver of claims templates from the part 440 
appendices to an advisory circular because these templates are not 
regulatory, but simply examples, and moving them to an advisory 
circular provides greater flexibility to update or revise as needed. 
These templates are provided to assist operators with meeting the 
reciprocal waiver of claims requirements but are not the only means by 
which an operator may meet those requirements. They are, therefore, 
more appropriately located in an advisory circular. SpaceX and Sierra 
Space commented that the language in the NPRM's proposed Sec.  440.17 
was not clear that the waiver of claims forms in the advisory circular 
would be acceptable and approved by the FAA without the need for 
additional legal review, unless modified. Therefore, the FAA is 
revising the language in Sec.  440.17 to state: ``The reciprocal waiver 
of claims must be in a form acceptable to the Administrator, such as 
those contained in advisory circular AC 440.17-1.'' This change will 
clarify that the reciprocal waiver of claims templates found in AC 
4401.17-1, or any future updates, are acceptable to the FAA and may be 
used to meet the requirements in Sec.  440.17.

E. Government Astronauts on Permitted Operations

    The final rule would not prohibit government astronauts from being 
onboard during permitted operations.\4\ Some commenters questioned 
whether government astronauts would ever be part of a permitted 
operation.
---------------------------------------------------------------------------

    \4\ Permitted operations are operations conducted in accordance 
with 14 CFR part 437 Experimental Permits.
---------------------------------------------------------------------------

    Ascendant Spaceflight Services (Ascendant) commented that the FAA 
should delete references to ``government astronaut'' in permitted 
operations because suborbital vehicles in the development or 
experimental phase would not be carrying government astronauts. Rather, 
those vehicles would only be carrying crew. Ascendant asserted that 
experimental permit human space flight requirements in Sec.  437.5 only 
apply to crew.
    The FAA does not agree. While Sec.  437.5 does identify launch or 
reentry for the purpose of crew training as eligible for an 
experimental permit, Sec.  437.5(b) states that eligibility for a 
permit also includes a showing of compliance with requirements for 
obtaining a license. An operator may choose to conduct an operation 
with government astronauts on board under an experimental permit to 
demonstrate compliance with a requirement to obtain a license. Although 
no government astronauts have flown on a permitted vehicle to date, it 
is possible they might in the future to train for a licensed mission.

F. Tracking Astronaut Training Requirements

    The final rule revises proposed Sec.  460.59(d)(1) to require 
operators ensure government astronaut training is up to date by 
incorporating lessons

[[Page 76719]]

learned from training and operational missions by providing 
traceability to revisions or changes. The proposed rule would have 
required operators to track each revision of the training plan and 
update training in writing.
    The FAA received two comments on this issue. ALPA supported the 
FAA's proposals requiring operators to track and update the training of 
government astronauts. SpaceX, however, recommended providing more 
flexibility for tracking changes to training. SpaceX explained that it 
utilizes a sophisticated change control system to track updates to 
training and suggested revising proposed Sec.  460.59(d)(1) to require 
an operator to update the government astronaut training continually to 
ensure the training incorporates lessons learned from training and 
operational missions by providing traceability to revisions or changes.
    The FAA agrees with SpaceX's suggested change. Proposed Sec.  
460.59(d)(1) would require all revisions to training to be tracked in 
written form. The FAA finds that SpaceX's recommended change would 
provide FAA with sufficient compliance insight through traceability, 
which meets the intent of the FAA's initial proposed Sec.  
460.59(d)(1), while also permitting operators to use modern electronic 
systems. The FAA adopts SpaceX's proposed language in the final rule.

G. Environmental Controls

    This rule finalizes the proposal to require operators to establish 
environmental controls for operations involving government astronauts 
with a safety-critical role because, as with crew, the FAA found that 
government astronauts would likewise need to be protected from 
atmospheric conditions and receive training that is necessary for the 
safety of the public on the ground, in air, and in space.
    The FAA received two comments on this issue. An individual 
questioned whether environmental controls referred to life support 
systems or environmental impacts. Environmental controls in these 
regulations do refer to life support systems. SpaceX commented that 
humidity is not a safety-critical metric of determining suitable 
atmospheric conditions for human beings and that compared to other 
conditions listed within the subparts to Sec.  460.61, humidity is an 
outlier given that it is not a direct risk to life and consciousness.
    The FAA retains humidity in Sec.  460.61(a)(2) in the final rule. 
The FAA notes that while very high humidity environments could 
influence core body temperature, the time high humidity would take to 
cause an impact would be much longer than impacts from pressure and 
temperature changes in the inhabited area of a vehicle. However, if a 
flight crew depended on visual information through a window, humidity 
control would be necessary to avoid windows fogging and condensation 
that can hinder a pilot's vision and could therefore impact public 
safety.

H. Use of the Term ``Human Beings''

    In this rule, the FAA replaces the proposed term ``human beings'' 
with the defined terms ``space flight participant,'' ``crew,'' and 
``government astronaut'' where appropriate. In the NPRM, the FAA 
proposed to use the term ``human being'' to encompass all three 
categories of persons who can currently be carried on board a vehicle: 
government astronaut, space flight participant, and crew.
    The FAA received two comments on this issue. Sierra Space commented 
that the NPRM's use of the term ``human beings'' could potentially lead 
individuals, lawmakers, courts, and licensees to incorrectly assume 
that there is some other category of humans who may be present on board 
licensed operations besides those that have already been defined (space 
flight participants, crew, and government astronauts). Sierra Space 
stated that the FAA should remove the use of ``human beings'' and 
instead revert to listing each category of individuals to which the 
language applies. An individual similarly commented that the 
classification of non-astronaut workers as ``human beings'' is an 
unnecessary classification that would only overcomplicate future 
requirements on these workers.
    The FAA finds that using the term ``human beings'' could cause 
unnecessary confusion among stakeholders and therefore is removing that 
term in the final rule. Instead, the FAA is replacing ``human beings'' 
with the defined terms ``space flight participant,'' ``crew,'' and 
``government astronaut'' where appropriate.

I. Aeronautical Knowledge Requirement

    This rule finalizes proposed Sec.  460.59(b)(3), which requires an 
operator to ensure any government astronaut with a safety-critical role 
possesses aeronautical knowledge, experience, and skills necessary to 
pilot and control the launch or reentry vehicle that will operate in 
the National Airspace System (NAS). The regulation specifies that 
aeronautical experience may include hours in flight, ratings, and 
training.
    SpaceX commented that proposed Sec.  460.59(b)(3) would transfer an 
existing requirement onto operators to ensure government astronauts are 
trained, and that NASA should continue to hold this responsibility and 
set forth any requirements it deems suitable for designated astronauts 
as set forth in 51 U.S.C. 50902(4). To support its position, SpaceX 
noted that the training requirement is tailored to winged vehicles 
rather than fully automated capsules, such as its Crew Dragon, which 
are not maneuverable during launch and reentry, and which utilize 
Notices to Air Missions and Notices to Mariners to remove the need for 
in-flight and real-time coordination within airspace. SpaceX therefore 
found that the aeronautical knowledge, including hours in aircraft 
flight, required by proposed Sec.  460.59(b)(3) is irrelevant to safe 
vehicle operation and recommended that FAA remove this requirement as 
overly prescriptive and inapplicable.
    The FAA disagrees that proposed Sec.  460.59(b)(3) should be 
removed from the final rule. The requirement for aeronautical knowledge 
only applies to government astronauts who have the capability to 
control, in real time, a launch or reentry vehicle's flight path during 
a phase of flight capable of endangering the public. The requirement is 
not a blanket requirement for all government astronauts. Autonomous 
vehicles where government astronauts do not have any input for phases 
of flight going through the NAS would not need to comply with this 
requirement as such aeronautical knowledge, experience, and skills 
would not be necessary. Any NASA requirement for aeronautical knowledge 
for government astronauts that pilot a vehicle is not redundant because 
it can be used to demonstrate compliance with the FAA requirement.

J. Permit Eligibility

    This rule finalizes the proposal to replace the term ``reusable 
suborbital rocket'' with ``reusable suborbital vehicle'' in Sec.  
437.5. It also finalizes the proposal to remove the term ``new'' from 
Sec.  437.5(a) to allow research and development of existing design 
concepts, equipment, or operating techniques, consistent with the 
CSLCA.
    Ascendant commented that experimental permits should not be limited 
to suborbital launch vehicles. Ascendant stated that there is no 
difference in risk to the public between any experimental launch or 
reentry vehicle, suborbital or orbital, which

[[Page 76720]]

does not carry commercial payloads and paid occupants. Ascendant noted 
that the limited applicability of experimental permits places 
additional burden on developers of orbital or expendable suborbital 
vehicles which require licenses before test flight can begin. Ascendant 
also asked for clarification regarding whether the training referenced 
in Sec.  437.5 refers to training crew in flight to operate a licensed 
vehicle, or training crew to operate a vehicle for which a license 
would be issued (for example, to complete integrated testing with 
humans).
    The training referenced in Sec.  437.5 refers to training crew in 
flight to operate a licensed vehicle. The FAA's statutory authority to 
issue experimental permits only applies to suborbital vehicles, and 
therefore the FAA does not have the authority to expand the 
applicability of experimental permits to any orbital vehicles. Title 51 
U.S.C. 50906 states that the Secretary may issue a permit only for 
reusable suborbital rockets or reusable launch vehicles that will be 
launched into a suborbital trajectory or reentered under that 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 this chapter; or crew 
training for a launch or reentry using the design of the rocket or 
vehicle for which the permit would be issued. The FAA is only expanding 
eligibility to launch or reentry vehicles on a suborbital trajectory to 
align with the CSLCA. Therefore, the FAA will not expand the 
applicability of experimental permits to any orbital vehicles.

K. Government Astronauts on Foreign Vehicles

    This rule defines ``government astronaut'' to match the statutory 
definition and provides regulatory clarity to applicants seeking FAA 
licenses for space flight operations involving government astronauts.
    An individual commented that it may be beneficial to acknowledge 
U.S. government astronauts flying on board international partner 
spacecraft and international launch providers. The individual noted 
that the International Space Station (ISS) currently uses Soyuz 
vehicles from Russia and that there could be advances in vehicles from 
ESA and JAXA, for example.
    The FAA does not license foreign launch or reentry vehicles that 
are launching or reentering outside the U.S., and therefore addressing 
government astronauts flying on board foreign spacecraft that launch or 
reenter outside the U.S. is outside the scope of the FAA's regulatory 
authority and this rulemaking.

L. Clarification on the Role of International Partner Astronauts

    This rule defines 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 was taken directly from the CSLCA.
    Sierra Space encouraged the FAA to further clarify the role of 
international partner astronauts, including clarifying who would not 
qualify as an international partner astronaut. Sierra Space stated that 
since the NPRM's definition of ``international partner astronaut'' 
applies only to astronauts contributed by ISS partner states who are 
crewmembers on board the ISS, the term would not apply to international 
astronauts from non-partner states, nor would it apply to any 
international astronaut serving missions unrelated to the ISS. Sierra 
Space concluded that all such individuals would be considered space 
flight participants under the proposed regulations and would therefore 
be subject to the waiver and informed consent requirements applicable 
to space flight participants.
    Sierra Space noted that there may be cases in which foreign 
governments may be unwilling to allow or require their employees to 
enter the waivers of claims required of space flight participants, or 
to personally assume the risk of human space flight operations as 
required by the informed consent regime. Sierra Space stated that the 
FAA should consider granting latitude to operators carrying astronauts 
from foreign countries by waiving informed consent and individual 
waiver requirements, especially if those countries have sufficiently 
mature astronaut training programs and are willing to accept financial 
responsibility for claims brought by their employees.
    The FAA is adopting the statutory definition of international 
partner astronaut. The FAA realizes that the statutory definition only 
applies to ISS partner astronauts. Any foreign astronaut who does not 
meet the definition of international partner astronaut would be 
considered a space flight participant under FAA regulations and would 
have to comply with space flight participant regulations. An operator 
may request a waiver to the waiver of claims requirement for space 
flight participants for those instances in which a foreign astronaut is 
characterized as a space flight participant rather than an 
international partner astronaut.

M. Training of Space Flight Participants for Safety Critical Roles

    SpaceX commented that, in the interest of public safety and the 
safety of those on board launch and reentry vehicles, the FAA should 
update the final rule to reflect in its regulations that space flight 
participants should be trained appropriately to conduct potentially 
lifesaving functions during an emergency to protect both themselves and 
the public, including operating a vehicle during launch or reentry in a 
manner to protect public safety. SpaceX noted that the definitions for 
crew, government astronaut, and space flight participant within 51 
U.S.C. 50902 were developed at a time when Congress anticipated all 
crewed vehicles to be operated either by crew or by government 
astronauts. However, SpaceX noted that while the statute provides 
training for crew and government astronauts, missions that have only 
had space flight participants on board have occurred for both orbital 
and suborbital systems. Furthermore, SpaceX stated that the statutory 
definition of space flight participants, defined in 51 U.S.C. 50902 to 
be any person that is not crew or a government astronaut, does not 
prohibit the FAA from requiring an operator to train space flight 
participants to operate a vehicle during launch or reentry. SpaceX 
concluded that, therefore, the FAA should revise its regulations to 
allow an operator to train space flight participants to operate a 
vehicle during launch or reentry because the underlying statute does 
not prohibit space flight participant training.
    Sierra Space similarly commented that the FAA should adopt common 
requirements for training which apply to any passenger or remote 
operator in a safety critical role, regardless of how that individual 
is classified under the regulations. Sierra Space stated these common 
requirements should clarify what constitutes a ``safety-critical role'' 
to limit the definition to those individuals who are essential to 
ensuring that the vehicle operates in real time to ensure public 
safety.
    In the NPRM, the FAA did not propose to add training requirements 
for space flight participants. The FAA explained that 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. Furthermore, current

[[Page 76721]]

crew qualification and training requirements include a demonstration of 
the ability to withstand the stresses of space in sufficient condition 
to safely carry out duties so the vehicle will not harm the public. 
Each crew member with a safety-critical role is also required to 
possess and carry an FAA second-class medical certificate. Similarly, 
government astronauts who perform a safety-critical role must be 
trained to carry out that role because it may affect the safety of the 
public. An operator may choose to train space flight participants to 
conduct potentially lifesaving functions during an emergency to protect 
themselves, however, the regulations do not require this training 
because it is not necessary to protect public safety.
    The FAA has already addressed training requirements for those 
missions that only have space flight participants onboard. Under Sec.  
460.51, an operator must train each space flight participant before 
flight on how to respond to emergency situations, including smoke, 
fire, loss of cabin pressure, and emergency exits. An operator may also 
provide mission-specific training to space flight participants for 
missions without crew or government astronauts. The FAA therefore finds 
that the training required by Sec.  460.51 is sufficient to satisfy 
missions with only space flight participants on board.

N. Use of ANSI Standard for Human Spaceflight Ontology

    This rule updates definitions relating to commercial space launch 
and reentry vehicles and occupants to reflect current legislative 
definitions.
    Both the Space Infrastructure Foundation (SIF) and an individual 
commented that the FAA should use terms identified in AIAA/ANSI S-153 
2021 Human Spaceflight: Spacecraft Architecture and Systems Engineering 
Ontology Standard (S-153) in its applicable commercial space 
regulations.
    SIF stated that because the National Technology Transfer 
Advancement Act (NTTAA) compels government organizations to adopt 
industry standards developed under a voluntary consensus process, and 
failure to do so must be justified to Congress on a case-by-case basis, 
the FAA should use the standards identified in S-153. An individual 
stated that S-153 is critical for U.S. commercial spaceflight because 
it establishes the baseline of the ontology, streamlines 
interdisciplinary communication, and enables strategic planning, and 
the FAA should consider S-153's integration into the current 
rulemaking.
    The FAA does not adopt S-153 into its regulations because the 
updated definitions are required by Congress to reflect current 
legislative definitions in 51 U.S. Code 50902. Furthermore, the 
terminology in S-153 does not align with the purpose of this rulemaking 
because the terminology in S-153 focuses on human spaceflight 
spacecraft from an architectural and system engineering perspective, 
rather than on the statutorily required definitions the FAA must 
incorporate into its regulations.

O. Transparency of MPL Methodology

    An individual commented that publishing the MPL methodology would 
provide greater transparency and reduce uncertainty for commercial 
space businesses, insurance companies, and investors. The commenter 
noted that this transparency would pose no risks to national security 
and that publishing the MPL methodology in an AC would not require 
notice and comment for modification. The commenter recommended amending 
Sec.  440.7(a) or (b) to include that the method for determining MPL is 
set forth in an AC.
    The scope of this rulemaking is to codify current statutory 
requirements mandated by the CSLCA. The FAA finds that providing MPL 
methodology in an AC is beyond the scope of the rulemaking because it 
is not a change required by the CSLCA, and this final rule does not 
pertain to MPL methodology.

P. Commercial Use of Asteroid or Space Resources

    Space Law & Policy Solutions noted that the CSLCA contains a 
provision in title IV which authorizes U.S. citizens to perform non-
governmental space activities aimed at the recovery, possession, 
ownership, use, and sale of asteroid or space resources. Space Law & 
Policy Solutions noted that the NPRM does not mention title IV nor its 
enactment in 51 U.S.C. 51303 and asked the FAA a series of related 
questions. Such questions included (i) why space resources are not 
mentioned in the NPRM; (ii) whether the FAA deems title IV of the CSLCA 
as providing the FAA with congressional authority to license space 
resource activities and if so, whether an amendment is required to its 
regulations; (iii) whether the FAA deems itself the proper Article VI 
authorizing agency to review and license a space resource activity; and 
(iv) whether the FAA believes it requires additional authority from 
Congress to include on orbit authority to oversee space resource 
activities. Space Law & Policy Solutions noted that it understands its 
questions are beyond the scope of the FAA's request in the NPRM, but 
that the FAA should address the lack of clarity on the licensing and 
implementation of space resources.
    The FAA does not have statutory authority to regulate space 
resources, and the commenter's questions are out of scope for the 
current rulemaking.

V. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of Executive orders and other requirements. First, Executive 
Order 12866, Executive Order 13563, and Executive Order 14094 
(``Modernizing Regulatory Review''), direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the 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 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $183 million using the most 
current (2023) Implicit Price Deflator for the Gross Domestic Product.
    In conducting these analyses, the FAA has determined that this 
rule: will result in benefits that justify costs; is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, as amended; will not have a significant economic 
impact on a substantial number of small entities; will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
will not impose an unfunded mandate on State, local, or Tribal 
governments, or on the private sector.

A. Regulatory Impact Analysis

    This rule amends 14 CFR parts 401, 413, 415, 431, 435, 437, 440, 
450, and 460 by incorporating statutory changes resulting from the 
CSLCA. This rule adds a definition for ``government astronaut'' and 
updates other definitions to account for that addition. This rule also 
updates financial responsibility

[[Page 76722]]

requirements in part 440 to exclude government astronauts from the 
definitions of ``third party'' and adds space flight participants to 
the insurance requirements in Sec.  440.9. Templates for reciprocal 
waiver of claims agreements are moved from part 440 appendices B 
through E to an AC. This rule also adds two new subparts to part 460 to 
address operator requirements for government astronauts playing safety-
critical and non-safety-critical roles during launches and reentries. 
In addition, the FAA replaces the terms ``crew'' and ``space flight 
participant'' with ``crew, space flight participant, or government 
astronaut'' 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 accommodates the creation of the government astronaut category 
in part 460.
    This rule affects all U.S. commercial space operators and launches 
and reentries licensed under 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 changes in each part.
    There are no changes in the final rule from the proposed rule that 
notably change the analysis presented for the proposed rule.

                       Table 1--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
                                   Intergovernmental   provides
                                   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
                                   Intergovernmental   provides
                                   Agreement.''        regulatory
                                   Revising            clarity.
                                   definition for
                                   ``Space flight
                                   participant''.
Sec.   413.3(f).................  Replace the term    None. The FAA has
                                   ``rocket'' with     been applying
                                   the term            these definitions
                                   ``vehicle'' to      in accordance
                                   align with the      with the statute
                                   increase in scope   since the CSLCA
                                   from Sec.   437.3.  went into effect.
                                                       This change
                                                       provides
                                                       regulatory
                                                       clarity.
Sec.   415.8 Human Space Flight   Replace ``flight    None. The FAA has
 in Part 415, LAUNCH LICENSE.      crew or a space     been applying
                                   flight              these
                                   participant''       requirements to
                                   with ``a space      government
                                   flight              astronauts in
                                   participant,        accordance with
                                   crew, or            the statute since
                                   government          the CSLCA went
                                   astronaut.'' Add    into effect. This
                                   sections 460.59,    change provides
                                   460.61, and         regulatory
                                   460.67 to the       clarity.
                                   list of sections
                                   with which an
                                   applicant
                                   proposing to
                                   conduct a launch
                                   with a space
                                   flight
                                   participant,
                                   crew, or
                                   government
                                   astronaut on
                                   board must
                                   demonstrate
                                   compliance.
Sec.   431.8 Human Space Flight   Replace ``flight    None. The FAA has
 in Part 431, LAUNCH AND REENTRY   crew or a space     been applying
 OF A REUSABLE LAUNCH VEHICLE      flight              these
 (RLV).                            participant''       requirements to
                                   with ``a space      government
                                   flight              astronauts in
                                   participant,        accordance with
                                   crew, or            the statute since
                                   government          the CSLCA went
                                   astronaut.'' Add    into effect. This
                                   sections 460.59,    change provides
                                   460.61, and         regulatory
                                   460.67 to the       clarity.
                                   list of sections
                                   with which an
                                   applicant
                                   proposing to
                                   conduct a launch
                                   with a space
                                   flight
                                   participant,
                                   crew, or
                                   government
                                   astronaut on
                                   board must
                                   demonstrate
                                   compliance.
Sec.   435.8 Human Space Flight   Replace ``flight    None. The FAA has
 in Part 435, REENTRY OF A         crew or a space     been applying
 REENTRY VEHICLE OTHER THAN A      flight              these
 REUSABLE LAUNCH VEHICLE (RLV).    participant''       requirements to
                                   with ``a space      government
                                   flight              astronauts in
                                   participant,        accordance with
                                   crew, or            the statute since
                                   government          the CSLCA went
                                   astronaut.'' Add    into effect. This
                                   sections 460.59,    change provides
                                   460.61, and         regulatory
                                   460.67 to the       clarity.
                                   list of sections
                                   with which an
                                   applicant
                                   proposing to
                                   conduct a launch
                                   with a space
                                   flight
                                   participant,
                                   crew, or
                                   government
                                   astronaut on
                                   board must
                                   demonstrate
                                   compliance.
Sec.   437.3 Definitions in Part  Replaced            None. The FAA has
 437, EXPERIMENTAL PERMITS.        suborbital rocket   been applying
                                   with suborbital     these definitions
                                   vehicle in the      in accordance
                                   definitions for     with the statute
                                   ``envelope          since the CSLCA
                                   expansion'',        went into effect.
                                   ``exclusion         This change
                                   area'', and         provides
                                   ``reentry impact    regulatory
                                   point''. Updated    clarity.
                                   the definition of
                                   ``permitted
                                   vehicle'' to
                                   include reusable
                                   launch vehicles
                                   that are launched
                                   on a suborbital
                                   trajectory or are
                                   reentered.
                                   Updated the
                                   definition of
                                   ``permitted
                                   vehicle'' to add
                                   that it includes
                                   ``a reusable
                                   launch vehicle
                                   that will be
                                   launched into a
                                   suborbital
                                   trajectory or
                                   reentered from a
                                   suborbital
                                   trajectory''.
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,           ``reusable          in accordance
 437.85., 437.91, and 437.95.      suborbital          with the statute
                                   vehicle''.          since the CSLCA
                                                       went into effect.
                                                       This change
                                                       provides
                                                       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
                                                       provides
                                                       regulatory
                                                       clarity.
Sec.   437.21(b)(3).............  Replace ``flight    None. The FAA has
                                   crew or a space     been applying
                                   flight              these
                                   participant''       requirements to
                                   with ``a space      government
                                   flight              astronauts in
                                   participant,        accordance with
                                   crew, or            the statute since
                                   government          the CSLCA went
                                   astronaut.'' Add    into effect. This
                                   sections 460.59,    change provides
                                   460.61, and         regulatory
                                   460.67 to the       clarity.
                                   list of sections
                                   with which an
                                   applicant
                                   proposing to
                                   conduct a launch
                                   with a space
                                   flight
                                   participant,
                                   crew, or
                                   government
                                   astronaut on
                                   board must
                                   demonstrate
                                   compliance.
Move appendices B-E in part 440,  ..................  None.
 FINANCIAL RESPONSIBILITY, to an
 AC..

[[Page 76723]]

 
Sec.   440.3....................  Revise definition   None. Updates to
                                   of permit and       the definition of
                                   permitted           permit and
                                   activity. Exclude   permitted
                                   government          activity align
                                   astronaut from      statue with
                                   losses to           current practice.
                                   government          Excluding
                                   personnel in the    government
                                   definition of       astronaut from
                                   ``MPL''''.          third party means
                                   Exclude             that they are not
                                   government          included in MPL
                                   astronaut from      calculations and
                                   the definition of   are prevented
                                   ``Third party''.    from making
                                                       claims as third
                                                       parties in
                                                       alignment with
                                                       current practice.
                                                       Government
                                                       astronauts that
                                                       are employed by
                                                       the US government
                                                       would be covered
                                                       by insurance
                                                       required under
                                                       Sec.   440.9(b)
                                                       because they are
                                                       government
                                                       personnel.
Sec.   440.9(b).................  Add space flight    None. The FAA has
                                   participants to     been requiring
                                   the list in which   the addition of
                                   a licensee or       space flight
                                   permittee must      participants to
                                   obtain and          the insurance
                                   maintain in         requirements with
                                   effect a policy     operators in
                                   or policies of      accordance with
                                   liability           the statute since
                                   insurance to        the CSLCA went
                                   protect their       into effect. This
                                   respective          change provides
                                   potential           regulatory
                                   liabilities         clarity.
                                   against covered
                                   claims by a third
                                   party for bodily
                                   injury or
                                   property damage
                                   resulting from a
                                   licensed or
                                   permitted
                                   activity.
Sec.   440.17(c), (d), and (e)..  Add language to     None. The FAA has
                                   require the         been requiring
                                   licensee or         reciprocal waiver
                                   permittee to        of claims in
                                   enter into a        accordance with
                                   reciprocal waiver   existing
                                   of claims           regulations. This
                                   agreement, in a     change provides
                                   form acceptable     regulatory
                                   to the              flexibility by
                                   Administrator       moving the
                                   such as those       templates from
                                   contained in        regulatory
                                   advisory circular   language to an
                                   AC 440.17-1, with   advisory
                                   each space flight   circular.
                                   participant.
Sec.   440.17(f) and (g)........  Add requirement     None. The FAA has
                                   for reciprocal      been requiring
                                   waiver of claims    reciprocal waiver
                                   between operators   of claims between
                                   and space flight    operators and
                                   participants as     space flight
                                   section (f). Move   participants in
                                   current section     accordance with
                                   (f) to section      the statute since
                                   (g).                the CSLCA went
                                                       into effect. This
                                                       change provides
                                                       regulatory
                                                       clarity. Current
                                                       section (f) is
                                                       moved to section
                                                       (g) without
                                                       changes to
                                                       accommodate the
                                                       addition of
                                                       section (f).
Sec.   450.45(e)(3)(ii)(E) Human  Replace             None. The FAA has
 Space Flight in part 450.         ``rocket's'' with   been applying
                                   ``vehicle's''.      these definitions
                                                       in accordance
                                                       with the statute
                                                       since the CSLCA
                                                       went into effect.
                                                       This change
                                                       provides
                                                       regulatory
                                                       clarity.
Sec.   450.45(e)(5).............  Replace ``flight    None. The FAA has
                                   crew or a space     been applying
                                   flight              these
                                   participant''       requirements in
                                   with ``a space      accordance with
                                   flight              the statute since
                                   participant,        the CSLCA went
                                   crew, or            into effect. This
                                   government          change provides
                                   astronaut.'' Add    regulatory
                                   sections 460.59,    clarity.
                                   460.61, and
                                   460.67 to the
                                   list of sections
                                   with which an
                                   applicant
                                   proposing to
                                   conduct a launch
                                   with a space
                                   flight
                                   participant,
                                   crew, or
                                   government
                                   astronaut on
                                   board must
                                   demonstrate
                                   compliance.
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 makes
                                                       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 makes
                                                       some of that
                                                       training required
                                                       by regulation.
------------------------------------------------------------------------

    These changes will have a minimal impact on licensed commercial 
space activity with government astronauts because the changes align 
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. 
Since this rule codifies these current practices, there is effectively 
no change from the baseline without the rule and, therefore, no 
measurable resulting benefits or costs.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), requires Federal agencies to consider the effects of the 
regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This rule updates definitions relating to commercial space launch 
and reentry vehicles and occupants to reflect current statutory 
definitions and requirements, as well as implements clarifications to 
financial responsibility requirements in accordance with the CSLCA. The 
FAA has been applying the statutory changes since they went into effect 
in 2015. Since this rule codifies these current practices, the FAA 
certifies that this rule will 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 
United States, so long as 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 be the basis for U.S. standards. The FAA has 
assessed

[[Page 76724]]

the potential effects of this rule and determined that it will not 
create unnecessary obstacles to the foreign commerce of the United 
States.

D. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or Tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those costs. The FAA determined that this final rule will not result in 
the expenditure of $183 million or more by State, local, or Tribal 
governments, in the aggregate, or the private sector, in any one year.

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. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

F. Environmental Analysis

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

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has 
determined that this action will 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, will 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,\5\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\6\ 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 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes; or 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 final rule.
---------------------------------------------------------------------------

    \5\ 65 FR 67249 (Nov. 6, 2000).
    \6\ 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 final 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 is 
not a ``significant energy action'' under the Executive order and is 
not 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 
Executive Order 13609, and has determined that this action will have no 
effect on international regulatory cooperation.

VII. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this final rule, and all 
background material may be viewed online at www.regulations.gov using 
the docket number listed above. A copy of this final 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 (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. 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.

[[Page 76725]]

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 Amendments

    For the reasons discussed in the preamble, the Federal Aviation 
Administration amends 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 definitions in alphabetical order for ``Government 
astronaut'', ``International partner astronaut'', and ``International 
Space Station Intergovernmental Agreement''; and
0
b. Revising the definitions for ``Human space flight incident'', 
``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, space flight participant, crew, or government 
astronaut 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, space flight 
participant, crew, or government astronaut, 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

[[Page 76726]]

government astronaut, carried on board a launch vehicle or reentry 
vehicle.
* * * * *

0
3. Amend Sec.  401.7 by:
0
a. Adding definitions in alphabetical order for ``Government 
astronaut'', ``International partner astronaut'', and ``International 
Space Station Intergovernmental Agreement''; and
0
b. Revising the definition for ``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 on board 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 space flight participant, crew, or government astronaut 
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 license, an applicant proposing to conduct a reusable 
launch vehicle mission with a space flight participant, crew, or 
government astronaut 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 space flight participant, crew, or government astronaut 
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:

[[Page 76727]]

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 space flight participant, crew, or 
government astronaut 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
    (5) Each payload or payload class planned to be flown.

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. Revise and republish Sec.  437.31 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
    (2) Abort procedures and other safety measures derived from a 
system safety engineering process.
    (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) of this 
section 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

[[Page 76728]]

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. Revise and republish Sec.  437.71 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.
    (b) During all phases of flight, a permittee must--
    (1) Follow flight rules that ensure compliance with Sec. Sec.  
437.55, 437.57, 437.59, and 437.61; and
    (2) Abort the flight if it would endanger the public.
    (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 ``Maximum probable 
loss'', ``Permit'', ``Permitted activity'', and ``Third party'' to read 
as follows:


Sec.  440.3  Definitions.

* * * * *
    Maximum probable loss (MPL) means the greatest dollar amount of 
loss for bodily injury or property damage that is reasonably expected 
to result from a licensed or permitted activity;
    (1) Losses to third parties, excluding Government personnel and 
other launch or reentry participants' employees involved in licensed or 
permitted activities and neighboring operations personnel, that are 
reasonably expected to result from a licensed or permitted activity are 
those that have a probability of occurrence of no less than one in ten 
million.
    (2) Losses to Government property and Government personnel, 
excluding government astronauts, involved in licensed or permitted 
activities and neighboring operations personnel that are reasonably 
expected to result from licensed or permitted activities are those that 
have a probability of occurrence of no less than one in one hundred 
thousand.
* * * * *
    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 and excluding 
government astronauts, are third parties.
* * * * *

0
32. Amend Sec.  440.9 by revising and republishing paragraph (b) to 
read as follows:


Sec.  440.9  Insurance requirements for licensed or permitted 
activities.

* * * * *
    (b) A licensee or permittee must obtain and maintain in effect a 
policy or policies of liability insurance, in an amount determined by 
the FAA under paragraph (c) of this section, that protects the 
following 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:
    (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;
    (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

[[Page 76729]]

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, such as those contained in 
advisory circular AC 440.17-1, 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, such as those contained in 
advisory circular AC 440.17-1.
* * * * *
    (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 
claims agreement. The reciprocal waiver of claims must in a form 
acceptable to the Administrator, such as those contained in advisory 
circular AC 440.17-1.
* * * * *
    (f) The licensee or permittee and each space flight participant 
must enter into a reciprocal waiver of claims agreement under which 
each party waives and releases claims against the other party to the 
waiver, and agrees to assume financial responsibility for property 
damage it sustains and for bodily injury or property damage, and to 
hold harmless and indemnify each other from bodily injury or property 
damage, resulting from a licensed or permitted activity, regardless of 
fault. This paragraph (f) shall cease to be effective as of September 
30, 2025, unless public law modifies the limitation in section 50914 of 
Title 51 of the U.S. Code.
    (g) Any waiver, release, assumption of responsibility or agreement 
to hold harmless and indemnify pursuant to this 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 contractors and subcontractors of any of the parties to the 
reciprocal waiver of claims, and in the case of licensee or permittee 
and customers and the contractors and subcontractors of each of them, 
the directors, officers, agents and employees of any of the foregoing, 
and in the case of the United States, its agents.

Appendix B Through E to Part 440--[Removed]

0
34. Remove appendices B through E to part 440.

PART 450--LAUNCH AND REENTRY LICENSE REQUIREMENTS

0
35. The authority citation for part 450 continues to read as follows:

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


0
36. Amend Sec.  450.45 by revising paragraphs (e)(3)(ii)(E) and (e)(5) 
to read as follows:


Sec.  450.45  Safety review and approval.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (E) For an unguided suborbital launch vehicle, the location of the 
vehicle's center of pressure in relation to its center of gravity for 
the entire flight profile.
* * * * *
    (5) Human space flight. For a proposed launch or reentry with a 
space flight participant, crew, or government astronaut on board a 
vehicle, an applicant 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 chapter.
* * * * *

PART 460--HUMAN SPACE FLIGHT REQUIREMENTS

0
37. The authority citation for part 460 continues to read as follows:

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


0
38. Add subpart C to read as follows:
Subpart C--Launch and Reentry with a Government Astronaut with a 
Safety-Critical Role
Sec.
460.55 Scope.
460.57 Applicability.
460.59 Training of government astronauts with a safety-critical 
role.
460.61 Environmental control and life support systems.

Subpart C--Launch and Reentry with a Government Astronaut with a 
Safety-Critical Role


Sec.  460.55  Scope.

    This subpart establishes requirements for operators and applicants 
whose licensed or permitted operations involve government astronauts on 
board a vehicle.


Sec.  460.57  Applicability.

    This subpart applies to:
    (a) An applicant for a license or permit under this chapter who 
proposes to have a government astronaut with a safety-critical role on 
board a vehicle.
    (b) An operator licensed or permitted under this chapter who has a 
government astronaut with a safety-critical role on board a vehicle.


Sec.  460.59  Training of government astronauts with a safety-critical 
role.

    (a) An operator must ensure that each government astronaut with a 
safety-critical role is trained on--
    (1) How to carry out their safety-critical role on board or on the 
ground so that the vehicle will not harm the public; and
    (2) Their role in nominal and non-nominal conditions, including 
abort scenarios and emergency operations, to the extent that 
performance of their role could impact public safety.
    (b) An operator must ensure any government astronaut who has the 
capability to control, in real time, a launch or reentry vehicle's 
flight path during a phase of flight capable of endangering the public:
    (1) Receives vehicle and mission-specific training for each phase 
of flight capable of endangering the public and over which the 
government astronaut has the capability to control the vehicle by using 
one or more of the following:
    (i) A method or device that simulates the flight;
    (ii) An aircraft whose characteristics are similar to the vehicle 
or that has similar phases of flight to the vehicle;
    (iii) Flight testing; or
    (iv) An equivalent method of training approved by the FAA through 
the license process.
    (2) Trains for each mode of control or propulsion, including any 
transition between modes, such that the government astronaut is able to 
control the vehicle.
    (3) Possesses aeronautical knowledge, experience, and skills 
necessary to pilot and control the launch or reentry vehicle that will 
operate in the National Airspace System (NAS). Aeronautical experience 
may include hours in flight, ratings, and training.
    (c) With respect to training device fidelity, an operator must:
    (1) Ensure that any government astronaut training device used to 
meet the training requirements realistically represents the vehicle's 
configuration and mission; or,

[[Page 76730]]

    (2) Inform the government astronaut being trained of the 
differences between the training device and the vehicle's configuration 
and mission.
    (d) An operator must update the government astronaut training to 
ensure that the training incorporates lessons learned from training and 
operational missions including--
    (1) Providing traceability to revisions or changes; and
    (2) Documenting the completed training for each government 
astronaut and maintaining the documentation for each active government 
astronaut.
    (e) An operator must establish a recurrent training schedule and 
ensure that all training of government astronauts performing safety-
critical roles is current before launch or reentry.
    (f) For licensed missions supporting U.S. Government contracts, 
operators may meet the training requirements of this section through 
U.S. Government's contractual requirements.


Sec.  460.61  Environmental control and life support systems.

    (a) An operator must provide atmospheric conditions adequate to 
sustain life and consciousness for all inhabited areas within a vehicle 
that house a government astronaut. The operator must monitor and 
control the following atmospheric conditions in the inhabited areas or 
demonstrate through the license or permit process that an alternate 
means provides an equivalent level of safety--
    (1) Composition of the atmosphere, which includes oxygen and carbon 
dioxide, and any revitalization;
    (2) Pressure, temperature and humidity;
    (3) Contaminants that include particulates and any harmful or 
hazardous concentrations of gases, or vapors; and
    (4) Ventilation and circulation.
    (b) An operator must provide an adequate redundant or secondary 
oxygen supply for any government astronaut with a safety-critical role.
    (c) An operator must provide a redundant means of preventing cabin 
depressurization; or prevent incapacitation of any government astronaut 
with a safety-critical role in the event of loss of cabin pressure.

0
39. Add subpart D to read as follows:
Subpart D--Launch and Reentry with a Government Astronaut Without a 
Safety-Critical Role
Sec.
460.63 Scope.
460.65 Applicability.
460.67 Training of government astronauts without a safety-critical 
role.

Subpart D--Launch and Reentry with a Government Astronaut Without a 
Safety-Critical Role


Sec.  460.63  Scope.

    This subpart establishes requirements for operators and applicants 
whose licensed or permitted operations involve government astronauts on 
board a vehicle without a safety-critical role.


Sec.  460.65  Applicability.

    This subpart applies to:
    (a) An applicant for a license or permit under this chapter who 
proposes to have a government astronaut without a safety-critical role 
on board a vehicle.
    (b) An operator licensed or permitted under this chapter who has a 
government astronaut without a safety-critical role on board a vehicle.


Sec.  460.67  Training of government astronauts without a safety-
critical role.

    An operator must ensure that each government astronaut without a 
safety-critical role is trained on how to respond to emergency 
situations, including smoke, fire, loss of cabin pressure, and 
emergency exit.

    Issued under authority provided by 49 U.S.C. 106(f) and 51 
U.S.C. 509 in Washington, DC.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-20900 Filed 9-18-24; 8:45 am]
BILLING CODE 4910-13-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>