The Federal Aviation Administration (FAA) has announced that it will generally not authorize the launch of reentry vehicles as payloads unless the reentry vehicle operator has obtained the appropriate reentry authorization. This notice, which took effect on April 17, 2024, aims to address safety concerns associated with launching reentry vehicles that have not received proper authorization to return to Earth.
Background
The Commercial Space Launch Act grants the Department of Transportation (DOT) and the FAA the authority to oversee, license, and regulate commercial launch and reentry activities, as well as the operation of launch and reentry sites within the United States. As part of this responsibility, the FAA reviews payloads to be launched or reentered to determine their effect on public health and safety, safety of property, U.S. national security or foreign policy interests, and international obligations.
Under the current regulations, applicants seeking a vehicle operator license must receive a favorable payload determination if they propose to carry a payload on their vehicle. The FAA may issue a favorable payload determination if the applicant, payload owner, or payload operator has obtained all required licenses, authorizations, and permits, and if the launch or reentry would not jeopardize public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations.
Payload Review and Determination
A payload is defined as an object that a person undertakes to place in outer space, such as in Earth orbit, by means of a launch vehicle, including components of the vehicle specifically designed or adapted for that object. When a reentry vehicle is launched as a payload, it is considered a payload during the launch phase and a reentry vehicle during the reentry phase.
To reenter a reentry vehicle, an operator must obtain a vehicle operator license or a reentry license from the FAA. Therefore, an applicant, payload owner, or payload operator of a reentry vehicle that will be launched as a payload and will return to Earth must satisfy both the payload review requirements for the launch phase and the reentry requirements for the reentry phase.
If a reentry vehicle operator has not received the necessary authorization or FAA license to conduct its reentry, the applicant, payload owner, or payload operator would not meet the requirements for a favorable payload determination. The FAA has outlined several safety reasons for requiring a reentry authorization for such payloads.
Safety Concerns Associated with Unauthorized Reentry
Substantially Intact
Unlike typical payloads designed to operate in outer space, a reentry vehicle has primary components that are designed to withstand reentry substantially intact. This means that there is a near-guaranteed ground impact as a result of either a controlled reentry or a random reentry.
Public Risk
During a controlled reentry under an FAA license, the risk to the public is established not to exceed a one in ten thousand expected casualty. Although the FAA does not currently regulate uncontrolled random atmospheric reentries, the standard U.S. and international risk standard for that activity is also one in ten thousand expected casualties.
The risk of an authorized controlled reentry is typically managed through appropriate reentry site selection and hazard area clearing procedures. However, a random reentry results in risks to populated and remote areas without affording any hazard area clearing, such as for airspace. Therefore, a random reentry of a reentry vehicle that has not been authorized will likely result in risks above those accepted for FAA-licensed reentry operations.
Limited Options
Once a reentry vehicle has been launched, there are limited options for its safe reentry because it is already in orbit and may be constrained by various factors, such as orbital lifetime, reliability of safety-critical systems, orbital decay, available propellant or power, or other factors. Options to modify the reentry, such as moving the landing or impact location, changing the deorbit trajectory, or moving the vehicle to a disposal orbit, may also be limited once in orbit.
Placing a reentry vehicle in a disposal orbit above 2000 km may not be feasible due to cost or insufficient propellant to raise its orbit. Even if possible, this would contribute to the debris environment.
Given these limitations, it is important to evaluate the safety of the reentry prior to launch. This allows the FAA to work with the reentry operator to meet the required risk and other criteria.
Payload Review
A payload review for the launch of a launch vehicle carrying a reentry vehicle would include verifying that the reentry vehicle operator has obtained the necessary reentry license or authorization. If reentry authorization has not been received at the time of launch, the FAA would deny a favorable payload determination in accordance with the regulations.
Summary
The FAA’s decision to require reentry authorization for reentry vehicles launched as payloads is based on its statutory authority and payload review and determination regulations. Denying a payload determination may be tied to a payload owner or operator not obtaining all required licenses or authorizations.
Launching a reentry vehicle without an authorization for reentry would pose safety concerns that are designed to be addressed by the reentry licensing process. By ensuring that reentry vehicle operators have obtained the appropriate reentry authorization before launch, the FAA aims to mitigate risks to public health and safety, safety of property, U.S. national security or foreign policy interests, and international obligations.
