Legal Interpretations
Roberts-AJV-1 2012
Summary
The Question
Does 14 CFR 91.143, which allows temporary flight restrictions for space flight operations, apply to amateur rocket operations?
Background
The FAA's Airspace Services office asked whether 14 CFR 91.143 TFRs may be issued for amateur rocket operations, which 14 CFR part 101 divides into Class 1 model rockets, Class 2 high-power rockets, and Class 3 advanced high-power rockets.
The FAA’s Interpretation
Yes for Class 2 and 3 amateur rockets, but not for operations involving only Class 1 rockets. Class 2 and 3 rockets can fly high and fast enough to interfere with air traffic, and 14 CFR part 101 requires ATC notification before launch, showing intended ATC oversight. Class 1 rockets cannot affect air traffic if flown under part 101. The FAA recommended rulemaking to replace the ambiguous term "space flight operation."
- Requester
- Roberts
- Organization
- AJV
- Issued
- March 5, 2012
- Subject
- General Operating & Flight Rules
Regulations Cited
- 14 CFR 91.102
- 14 CFR 91.143
- 14 CFR 101.22
Unreadable text from the scan (such as a barcode or stamp) is left out of the text below; the original letter shows it exactly.
Federal Aviation
AdministrationI
Memorandum
Date:
To:
From:
.ffAR .. o.2012
Dennis Roberts, Director, Airspace Services, AJV-1
R~~e~~stant Chief Counsel for R.e~lations,
AGC-200I
Prepared by: Alex Uktser, Attorney, AGC-220
t
Subject: Interpretation as to whether 14 C.F.R. § 91.143 applies to amateur rocket . operations This is in r~ponse to your November 4, 2011 memorandum requesting an interpretation as to whether 14 C.F .~. § 91.143 applies to amateur rocket operations. Although the history of this provision only addresses orbita1 Jaunch, the FA.A may apply section 91.143 to qass 2 and 3 ~matepr roc~et operations, but not to Class I amateur rocket operations. Section 91.143 provides for the issuance of a temporary flight restriction (TFR). When a Notice to Airmen (NOTAM) is issμed under this section designating an area for space flight' op~ration, "no person may operate. any air~raft of U.S. registry, or pilot any aircraft under the authority of 1m airman certificate issued by the Federal AviationI Administration" within the area_ designated for space flight operation "except when authorized by [air traffic controlJ."1 .
Section 91.143' may t?e read to include both launch and reentry operations. Although the regulatory history of§ 91*143. shows that it was originally designed to assist in the recovery, which appe~rs to refer to reentry, of space vehicles,2 specifically the U.S. space shuttle, the preamble to a 1984 amendment references the need to keep aircraft ·out of a restricted area dming launch as well.
Next, we examine 14 C.F.R. part 101, which governs amateur rocket operations,3 to determine whe~er th~se o~erations ~"spaceflight operations." Pru:t l 0 l categorizes amateur rocket·operations mto three different classes. Class 1 cont~s model rockets, I 14 C.F.R. § 91.143 . ' . .
2 See 49 Fed. Reg. 38933 (Oct. 2, 1984) (discussing the purpose of§ 91.102, which later became§ 91.143). 3 § 101.l(a)(J).
4 § 101.22.
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Class 2 contains high-po~er rockc:ts, and Cla.s"s 3 contains advanced high-power rockets. Generally speaking, Class 2 rockets are more powerful than Class 1 rockets, and Class 3 rockets are more powerful than Class 1 and 2 rockets. s Class 2 and 3 amateur rockets share two important hazard-based characteristics with vehicles that are licensed pursuant to 14 C.F.R. Ch. III: ( 1) these rocketS have the capability to fly high into the airspace; and (2) these rockets fly at extremely fast speeds. Because Class 2 and 3 amateur rockets can very quickly fly high into the airspace, these rockets have the potential to significantly interfere with air traffic. Accordingly, part I 0 l requires that a person operating a Cl~s 2 or 3 amateur rocket notify air traffic control (ATC) about the planned operation at least . 24 hours before beginning the operation.6 Amateur rocket operations alsd need·a waiver to operate in controlldd airspace.
The regulatory history of part I 01 shows that the FAA intended ATC oversight of amateur rocket activities. In December 2008, the FAA adopted ATC notification requirements for Class 2 and 3 ru:nateur rocket operations, finding that :the notification is needed in order for ATC "to ensure the safety and integrity of the [National Airspace System], to issue a NOT AM, or take other action."7. The FAA did not require A TC notification for Class'! rockets because the FAA determined that the rockets of Class 1 cannot "affect air1raffic if operated in accord~~ with this regulation."8 Because part 101 require!! ATC notification before a Class 2 or 3 amateur rocket is launched and because the regulatory history for this part shows that the FAA intended ATC oversight over Class 2 and 3 amateur rockets;§ 91.143 permits the issuance of a TFR for amateur rocket operations involving Class 2 and 3 rockets. However, because the FAA has found that Cla5s 1 amatem rockets cannot affect air traffic if operated in .accordance with part I 0 l, it does not appear thnt § 91.143 permits a TFR to be issued for amateur rocket operations involving only Class 1 rockets. · We aJso note that the term "space flight operation" used in§ 91.143 is ambiguous and does not appear in any other regulation. Accordingly, we recommend conducting a . rulemaking to repJa.de the term "space flight operation" in § 91..143 with references to launch and reentry vehicles so that this section uses terminology that is consistent with the Commercial Space Launch Act..
s See 73 Fed. Reg. 73768, 73769-70 (Dec. 4, 2008) (discu5si.og the different classes of amateur rockets). '§ lOJ .27 . . .
1 13 Fed. Reg. at 73771.
s Id. at 73769.
2·
Regulations Referenced
Snapshot retrieved August 6, 2026.