Rizner-AST-500 2014

Page 1

Federal Aviation
Administration
Memorandum
Date: JUN 10 2014
To:
1'
zner, Manager, Operations and Integration Division, AST-500
~ 'Bury, f\ssistant Chief Counsel for International Law,
Legislation, Ci Regulations, AGC-200
From: ·~L
Prepared by: Alex Zektser Attorney, AGC-250
Subject: Interpretation as to whether the informed-consent signed writing required
to comply with 14 C.F.R. § 460.45(f) may be electronic

This is in response to your May 2, 2014 memorandum asking whether a digital signature or a pdf copy of a paper signature would satisfy the requirement of 14 C.F.R. § 460.45(f) that a space flight participant provide consent in writing to participate in a launch or reentry. For the reasons discussed below, we conclude that a writing in either paper or electronic fonnat would satisfy§ 460.45(f).

Part 460 of 14 C.F.R. contains requirements that apply to human space flight that is undertaken as part of commercial space transportation. Section 460.45 requires an operator to notify a space flight participant of the hazards and risks of a launch or reentry that the space flight participant wishes to participate in. After the operator provides this information to the space flight participant, § 460.45(f) requires that the space flight participant ''must then provide consent in writing to participate in a launch or reentry." This consent must "(b]e signed and dated by the space flight participant." 1 The Me1Tiam-Wcbster dictionary defines "writing" as ''letters or characters that serve as visible signs of ideas, words, or symbols." Based on this dictionary definition, a writing could be in either a paper or electronic format because letters that serve as signs of ideas, words, or symbols could be expressed in either format.

The regulatory text of§ 460.45(f) does not state whether the signed writing it requires must be expressed in a paper or electronic format. Similarly, the preamble for the rule that created § 460.45(f) also does not specify whether the signed writing must be in paper I 14 C.F.R. § 460.45(f)(3).

Page 2

or electronic format. 2 Accordingly, we conclude that the signed \.vriting required by§ 460.45(f) may be made in either of these formats.

We note that in a 2011 interpretation issued to Kenneth Wong we interpreted the ··in writing" requirement of 14 C.F.R. § 413.7(a) as meaning that the writing must be on paper rather than in an electronic format. 3 However, this interpretation was based largely on the fact that§ 413.7(a) requires that the writing must be '"filed in duplicate" with the FAA. Since an electronic writing cannot be filed in duplicate, the Wong interpretation concluded that the regulatory text of§ 413.7(a) referred only to a writing that is on paper. Unlike§ 413.7(a), which was at issue in the Wong interpretation,§ 460.45(f) does not require that the writing be filed in duplicate. Accordingly, the reasoning of that interpretation docs not apply to § 460.45(f).

1 See Human Space Flight Requirements for Crew and Space Flight Participants, 71 FR 75616 (Dec. 15, 2006) ..

'Memorandum to Kenneth Wong from Rebecca MacPherson, Assistant Chief Counsel for Regulations, AGC-200 (Nov. 30, 2011 ).