Roberts-AJV-1 2012

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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 th.is 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 th.at :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.

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