Signs Of the Times: What Goes Up, Must Be Regulated

ANN is currently reviewing an extensive 123 page NPRM that FAA will place in the public docket this Thursday, December 29th, 2005. This is the long-awaited NPRM that will signal FAA's opening salvo in their intent to regulate the fledgling private/commercial spaceflight market. Issued by FAA Associate Administrator for Commercial Space, Patricia G. Smith, the NPRM is being issued with a 60 day comment period... a bit shorter than what we might have expected for such a pivotal piece of rule-making (though an extension may be granted if the FAA deems necessary).

The FAA proposes requirements for human space flight of crew and space flight participants as required by the Commercial Space Launch Amendments Act of 2004. If adopted, this rulemaking would establish requirements for crew qualifications, training, and notification. It would also establish training and informed consent requirements for space flight participants. The rulemaking would also modify existing financial responsibility requirements to account for the FAA's new authority for space flight participants and crew, and to issue experimental permits. The experimental permit is the subject of a separate rulemaking. The FAA is conducting this rulemaking in order to fulfill its responsibilities under the new act. The requirements are designed to provide an acceptable level of safety to the general public, and to notify individuals on board of the risks associated with a launch or reentry.

Interested parties may send their comments within 60 days of the publication date (scheduled for 12.29.05).

Respondents should identify the NPRM by Docket Number FAA-2005-23449 and may make their opinions and responses know by the following means:

• DOT Docket web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically.
• Government-wide rulemaking web site: Go to http://www.regulations.gov and
  follow the instructions for sending your comments electronically.
• Mail: Docket Management Facility; US Department of Transportation, 400
  Seventh Street, S.W., Nassif Building, Room PL-401, Washington, DC 20590.
• Fax: 1-202-493-2251.
• Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, S.W., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FMI: www.faa.gov/regulations_policies/rulemaking/recently_published/media/ai57.pdf