| FAA calls public meeting to discuss future regulation of small rockets |
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| 2000 Archived News by Federal Aviation Administration | |
| Wednesday, January 19, 2000 | |
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WASHINGTON, District of Columbia USA — The Federal Aviation Administration announced on December 23 that, beginning February 28th, 2000 and lasting for 2 weeks, a Public Forum on the Internet will be conducted regarding the future regulation of small rockets. As a result, the FAA may initiate rulemaking to redefine the scope of launch activities that would require FAA licensing. Also, the FAA is considering a simplified launch license dubbed 'light license' for particaular classes of launches.A transcript of the Federal Register notice follows: DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–1999–6574] Small-Scale Rockets AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of public meeting. SUMMARY: The FAA announces an on-line public forum on the Internet to solicit comments and information from the public on the regulation of launches of small-scale rockets. Based on information received, the FAA may initiate rulemaking to redefine the scope of launch activities that would not require FAA licensing. The FAA is also considering a simplified launch license (light-license) for designated classes of launch activities. This on-line public forum is intended to aid the FAA in its regulatory effort by receiving early input from the affected community. DATES: The on-line public forum will begin on February 28, 2000, at 9 a.m. EST and end on March 10, 2000, at 4:30 p.m. EST. Written comments submitted to the docket must be received no later than March 24, 2000. ADDRESSES: The on-line public forum can be reached by clicking the "On-Line Public Forum" hyperlink on the Associate Administrator for Commercial Space Transportation’s (AST) Internet home page, http://ast.faa.gov, or going directly to http://ast.faa.gov/publicforum. Persons who are unable to participate in the on-line public forum and wish to submit written comments may mail or deliver their comments in duplicate to: U.S. Department of Transportation Dockets, Docket No. FAA–1999–6574, 400 Seventh Street, SW., Room Plaza 401, Washington, DC 20590. Comments may also be sent electronically to the Documents Management System (DMS) at the following Internet address: http://dms.dot.gov/ no later than March 24, 2000. Written comments, other than those provided during the on-line public forum, may be filed and/or examined in Room PL 401 between 10 a.m. and 5 p.m. weekdays except Federal holidays. Written comments to the docket will receive the same consideration as statements made during the on-line public forum. FOR FURTHER INFORMATION CONTACT: J. Randall Repcheck, Licensing and Safety Division, Commercial Space Transportation, (202) 267–8379, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; or Ms. Esta M. Rosenberg, Attorney-Advisor, Regulations Division, Office of the Chief Counsel, (202) 366–9320. SUPPLEMENTARY INFORMATION: The on-line public forum will allow near real-time electronic discussion on the regulatory aspects of small-scale rockets. The discussion will allow a large cross-section of the interested public to share views with each other and the FAA, and assist the FAA in redefining the regulatory framework for small-scale rocket activities. Background Under 49 U.S.C. Subtitle IX, ch. 701, popularly referred to as the Commercial Space Launch Act of 1984, as amended (CSLA or the Act), any person proposing to launch a launch vehicle within the United States, and any U.S. citizen proposing to launch a launch vehicle outside the United States, must obtain a license authorizing the launch. 49 U.S.C. 70104(a). The FAA authorizes launches by the private sector to protect public health and safety, safety of property, and national security interests and foreign policy interests of the United States. Regulations implementing the Act were issued in a final rule on April 4, 1988. The 1988 final rule, Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III, exempted certain small-scale rocket activities from licensing requirements. In the preamble to the 1988 final rule, the Office of Commercial Space Transportation (OCST), the predecessor office within the Department of Transportation responsible for carrying out the authority of the Secretary under the Act, explained that Congress did not intend the CSLA to encompass small-scale rocket launches from private sites conducted for recreational or educational purposes. The OCST stated that these types of launches do not warrant licensing and regulatory oversight under the CSLA.¹ In the 1988 final rule, launches of small-scale rockets of limited performance were termed "amateur rocket activities." Under 14 CFR 401.5, a launch constituting an amateur rocket activity is one which takes place from a private site and involves a rocket that meets all three of the following criteria:
The FAA is considering two issues. The first is the need to redefine the scope of small-scale launch activities that may be conducted without an FAA license. Small-scale rocket technology has advanced over the years beyond that contemplated in the existing definition. FAA licensing may be necessary for certain small-scale rocket activities not currently licensed under the CSLA. Conversely, certain launch activities that do not currently meet the definition of "amateur rocket activity" may not require FAA licensing for reasons previously explained. The second issue the FAA is considering is whether to establish a new launch licensing procedure entailing fewer application requirements or licensee responsibilities than those currently codified as part of the FAA’s launch licensing provisions. 14 CFR Parts 413 and 415. This "light-license" would be appropriate for certain small-scale rocket activities that pose unacceptable risk to persons and property absent the use of certain essential safety standards. A "light-license" would ensure, with minimal burden, that launch operators take appropriate safety precautions to protect public health and safety and the safety of property.² Identifying activities within these two classes, unlicensed and "light-licensed," is complicated because of the diversity of activities, the wide range of launch vehicles used, and the number and variety of launch sites used. The on-line public forum will enable the FAA to solicit information from hobbyists, educators, rocket organizations, launch companies with developmental or test vehicles, state and local government agencies that regulate various aspects of rocketry, private land owners whose land is used for rocket launches, and the general public. The FAA hopes that an on-line public forum that allows the public to discuss diverse issues amongst themselves and with the FAA will provide the agency with information on which the FAA can formulate regulatory alternatives. Information Requested The FAA solicits on-line discussion and written comments on the questions below and any other ideas the public may have. Note that all of the FAA’s regulatory decisions must be made with an understanding of the costs and benefits of its actions. Therefore, the FAA requests that commenters include estimates of costs for any proposal they recommend.
The public can join the on-line public forum by clicking the "On-Line Public Forum" hyperlink on the Associate Administrator for Commercial Space Transportation’s (AST) Internet home page, http://ast.faa.gov, or going directly to http://ast.faa.govpublicforum. The FAA will monitor public comments throughout the two-week forum. The FAA may ask clarifying questions of commenters. The FAA will not make any commitments or draw any conclusions during the open docket period. Issued in Washington, DC, on December 23, 1999. Joseph A. Hawkins, Acting Associate Administrator for Commercial Space Transportation. [FR Doc. 99–33937 Filed 12–29–99; 8:45 am] BILLING CODE 4910–13–M --- Footnotes: ¹ As explained in the preamble of the 1988 final rule: [OCST’s] licensing policies and procedures have been developed for * * * commercial expendable launch vehicle (ELV) launches. However, consistent with the legislative history of the Act, the Office’s regulatory guidance also provides adequate supervision for any other non-Federal launch activity. Thus, launch activities falling within the scope of the Office’s authority may include activities conducted for experimental, developmental, or research purposes as well as those conducted without any apparent profit motive. At the same time, neither the Act nor its legislative history evinces an intention to require licenses for small scale rocket launches conducted for recreational or educational purposes at private sites. These launches, which number annually in the millions, are currently subject to state and local regulation, self-regulation by the organizations sponsoring these activities, and Federal airspace requirements. These existing guidelines and requirements have been effective for purposes of protecting public safety and any other national interest that may be associated with these activities. 53 FR 11004, 11007. ² The FAA has the authority to waive certain requirements for a license. Thus, today, the FAA can simplify the current licensing process on a case-by-case basis. However, ti would be more efficient for the FAA and the public if a streamlined licensing process can be established with requirements tailored to a clearly defined class of launch activity. --- |
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