SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Overview of the Final Rule

FAA is amending the authority citations in parts 413, 414, and 450 to include 51 U.S.C. 50924. In addition, FAA has identified six technical corrections to parts 413, 414, 450, and 460. These technical corrections are non-substantive in nature and are intended to correct typographical errors, clarify regulatory text, and ensure consistency. The changes correct mistakes and omissions and clarify the regulations published in the part 450 final rule.^[1]

B. Summary of the Costs and Benefits

This final rule makes non-substantive technical corrections to correct typographical errors, clarify regulatory text, and ensure consistency. FAA expects no additional costs for the public or FAA because these changes do not affect existing regulatory requirements.

II. Authority for This Rulemaking and 5 U.S.C. 553 Implementation Exceptions

A. Authority for This Rulemaking

The Commercial Space Launch Act of 1984, as amended and codified at 51 U.S.C. 50901-50924 (the Act), authorizes the Secretary of Transportation (Secretary) to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites within the United States (U.S.) or as carried out by U.S. citizens. Section 50905 directs the Secretary to exercise this responsibility consistent with public health and safety, safety of property, and the national security and foreign policy interests of the United States. In addition, section 50903 requires the Secretary to encourage, facilitate, and promote commercial space launches and reentries by the private sector. As codified in 49 CFR 1.83(b), the Secretary has delegated authority to the FAA Administrator to carry out these functions.

B. Good Cause Exemption per 5 U.S.C. 553(b)(B)

Section 553(b)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rulemakings when the agency for “good cause” finds those procedures to be “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. FAA has concluded that notice and comment is unnecessary for this rulemaking.

Courts have consistently recognized that notice and comment are unnecessary where a rule makes only technical, clerical, or nonsubstantive changes that do not alter the rights or obligations of regulated entities and are unlikely to generate meaningful public input.^[2] For example, in Utility Solid Waste Activities Group v. EPA, the D.C. Circuit explained that the “unnecessary” prong applies where the regulated community has “little or nothing to say” regarding the agency's action because the rule does not implicate substantive policy choices.^[3] In Mack Trucks, Inc v. EPA, the D.C. Circuit cautioned that the unnecessary exception must be narrowly construed, but made clear that its application is appropriate where notice and comment would serve no practical purpose.^[4]

The technical amendments in this final rule correct incorrect words, remove unnecessary references, and clarify the purpose of the text to conform to the statutory requirements. These amendments do not reflect a change in policy judgment, nor do they affect how regulated parties comply with FAA requirements.

Thus, FAA has determined that this rule is suitable for a final rulemaking because these changes are noncontroversial and a notice and comment period is unnecessary. ( printed page 70786)

C. Effective Upon Publication per 5 U.S.C. 553(d)(3)

The APA generally requires that a substantive rule be published at least 30 days before its effective date. However, 5 U.S.C. 553(d)(3) permits an agency to make a rule effective less than 30 days after publication for good cause. As discussed in the previous section, FAA has found good cause for forgoing notice and comment under 5 U.S.C. 553(b)(B). For these same reasons, FAA finds good cause under 5 U.S.C. 553(d)(3) to make this rule effective immediately upon publication in the Federal Register .

III. Background

A. History

In 2018, Space Policy Directive-2 (SPD-2) directed FAA to streamline and modernize commercial space launch and reentry licensing. As a result, in 2020, FAA published Streamlined Launch and Reentry License Requirements, 85 FR 79566 (the SLR2 final rule). The SLR2 final rule, codified as part 450, streamlined and increased flexibility in FAA commercial space launch and reentry regulations and removed obsolete requirements. It consolidated and revised multiple regulatory parts and applied a single set of licensing and safety regulations across several types of operations and vehicles. Part 450 provides the requirements to obtain a vehicle operator license, the safety requirements, and the terms and conditions of a vehicle operator license.

On August 13, 2025, the President issued Executive Order (E.O.) 14335, “Enabling Competition in the Commercial Space Industry,” which requires the Secretary of Transportation to “reevaluate, amend, or rescind” the regulations in part 450 for the purpose of further streamlining the commercial licensing process. As part of FAA's response to this directive, FAA is making non-substantive, technical revisions to its regulations to correct errors and improve clarity. These changes do not modify existing compliance obligations or impose new requirements; rather, they are intended to ensure that FAA regulations remain accurate, clear, and effective.

IV. Discussion of the Final Rule

A. Correction to Part 413, License Application Procedures

FAA is amending 14 CFR 413.7(d)(1) through (3) by replacing the term “safety approval” with “safety element approval” in each instance that it occurs. In the SLR2 final rule, FAA replaced the term “safety approval” with “safety element approval” in a number of instances to distinguish between two types of approvals falling under the term “safety approval.” Prior to the SLR2 final rule, “safety approval” could refer to either (1) an FAA determination that an applicant is capable of launching a launch or reentry vehicle and its payload without jeopardizing public health and safety and safety of property or (2) the approval of a “safety element,” as that term is defined in § 414.3. The SLR2 final rule differentiated these usages by using the term “safety approval” to capture the former meaning, and “safety element approval” to capture the latter meaning. However, the SLR2 final rule inadvertently omitted this terminology change in § 413.7(d), which discusses how an applicant may incorporate a safety element approval into a license application.

This rule corrects that omission by replacing the term “safety approval” in § 413.7(d) with “safety element approval” in each instance that it occurs. The correction does not represent a substantive change in the rule because the other language in § 413.7(d) clearly indicates that the paragraph only relates to safety element approvals.

B. Correction to § 414.43(c), Submissions; Oral Presentations in Safety Element Approval Applications

The procedures by which applicants may obtain a safety element approval and renew and transfer an existing safety element approval are set forth in 14 CFR part 414. Subpart D of part 414 describes the procedures for appealing a decision by FAA regarding safety element approval. Section 414.41(a) states that FAA will give a safety element approval applicant or holder notice of its decision to deny, modify, suspend, or revoke a safety element approval. Section 414.41(b) states that the applicant or holder is entitled to a determination on the record after opportunity for a hearing. Section 414.43 describes the process by which the determination on the record will be handled, including paragraph (c) of that section, which states that “[p]etitions [for a determination by an administrative law judge] must be filed as soon as practicable, but in no event more than 30 days after issuance of decision or finding under § 414.37.”

FAA is replacing the reference to § 414.37 in § 414.43(c) with a reference to § 414.41. In the SLR2 final rule, FAA renumbered part 414, including renumbering previous § 414.37 as current § 414.41. However, the cross-reference to § 414.37 in § 414.43(c) was inadvertently not updated to match the renumbering. The change is nonsubstantive because FAA has consistently maintained that retention of the cross-reference to § 414.37 was unintentional and the result of a drafting oversight in the SLR2 rulemaking.

C. Correction to § 450.101, Safety Criteria

Section 450.101 provides the safety criteria for launch and reentry vehicles, with launch vehicles addressed in § 450.101(a) and reentry vehicles in § 450.101(b). When the SLR2 final rule was published, it inadvertently included a reference to “launch vehicle” in § 450.101(b)(2). Given that § 450.101(b) addresses risk criteria for reentry vehicles, it is incorrect for this section to reference the proposed flight of a launch vehicle. This rule changes the phrase “flight of a launch vehicle” to “deorbit of a reentry vehicle” in § 450.101(b)(2). FAA intended for “reentry vehicle” to be used in § 450.101(b)(2) but inadvertently used the term “launch vehicle” instead. Since the adoption of § 450.101(b)(2), FAA has applied the regulation to reentry vehicles as originally intended. This correction will formally remedy the error and reduce the risk of confusion.

D. Correction to § 450.173(f), Mishap Plan—Reporting, Response, and Investigation Requirements

Section 450.173(f) outlines the requirements for an applicant's mishap plan, including reporting, response, and investigation requirements. When the SLR2 final rule was published, FAA used the word “preventative” in the title of § 450.173(f), but the word “preventive” in the text of § 450.173(f). While both words can be used interchangeably, FAA wants to ensure consistency and clarity in its regulations. This change provides consistent usage by changing the word “preventive” in the text of § 450.173(f) to “preventative,” so that it matches the title of the subsection.

E. Correction to § 450.207, Human Space Flight Requirements

Section 450.207 requires an applicant be in compliance with part 460 for licensees conducting launches or reentries with humans on board. The regulation is currently written with “spaceflight” as one word both in the title and in the text of § 450.207. However, “space flight” is two words throughout the rest of part 450. In order to be consistent throughout part 450, this rule changes “spaceflight” to ( printed page 70787) “space flight” in both the title and text of § 450.207.

F. Corrections to Part 460, Human Space Flight Requirements

Section 460.45 requires that an operator inform each space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type. In the SLR2 final rule, FAA adopted a new definition of “mishap” for the purposes of part 450. As part of this, FAA incorporated the prior definitions of accident and incident into the new “mishap” definition. In addition, FAA updated the broader part 400 regulations to remove the terms “accident” and “incident” from regulations that applied to part 450 operations, because those terms were no longer defined. However, FAA inadvertently failed to update § 460.45(e) in the SLR2 final rule. This rule corrects § 460.45(e) by replacing the phrase “accidents and human space flight incidents” with the phrase “events that meet any of paragraph (1), (4), (5), or (8) of the definition of `mishap' in § 401.7 of this chapter.” This amendment aligns the language of § 460.45(e) with the defined terms applicable to part 450.

G. Amendments to Authority Citations

Lastly, FAA is revising the authority citations for parts 413, 414, 450, and 460 from “51 U.S.C. 50901-50923” to 51 U.S.C. 509.” The Commercial Space Launch Act of 1984 (“CSLA”), Public Law 98-575, authorizes the Secretary of Transportation to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites. In 1994, the CSLA was codified at 49 U.S.C. ch. 701 ( see Pub. L. 103-272), which was subsequently transferred to 51 U.S.C. 509 in 2010 ( seePub. L. 111-314). At that time, Chapter 509 contained sections 50901 through 50923. In 2025, a new section 50924 was added to Chapter 509 by Public Law 119-21, commonly known as the One Big Beautiful Bill Act.

FAA is amending the authority citations to account for this new section. However, rather than updating the authority citations to state the number of this new section ( i.e.,51 U.S.C. 50901-50924), FAA has determined that the authority citations should instead point to 51 U.S.C. 509. This change will prevent FAA from needing to update the authority citations each time a new section is added to 51 U.S.C. 509.

V. Regulatory Notices and Analyses

A. Regulatory Impact Analysis

E.O. 12866 (“Regulatory Planning and Review”) and E.O. 13563 (“Improving Regulation and Regulatory Review”) require agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” The Office of Management and Budget has determined that this rule is not a significant regulatory action as defined in section (3)(f) of E.O. 12866. This final rule is considered an E.O. 14192 deregulatory action.

Table 1 lists the changes to each provision along with their respective impacts. Because these are technical corrections addressing typographical errors, clarifying regulatory text, and ensuring consistency, there are no additional costs to industry and FAA.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an agency to prepare an initial regulatory flexibility analysis describing impacts on small entities whenever 5 U.S.C. 553 or any other law requires an agency to publish a general notice of proposed rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an agency to prepare a final regulatory flexibility analysis when an agency issues a final rule under 5 U.S.C. 553 after that section or any other law requires publication of a general notice of proposed rulemaking. FAA concludes good cause exists to forgo notice and comment and to not delay the effective date for this rule. As 5 U.S.C. 553 does not require notice and comment in this situation, 5 U.S.C. 603 and 604 similarly do not require regulatory flexibility analyses.

C. International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of ( printed page 70788) international standards and, where appropriate, that they be the basis for U.S. standards.

FAA has assessed the potential effect of this rule and determined it ensures the safety of the American public and does not exclude imports that meet this objective. As a result, FAA does not consider this rule as creating an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or Tribal government or the private sector to incur direct costs without the Federal Government having first provided the funds to pay those costs. FAA determined the rule will not result in the expenditure of $193,000,000 or more ($100,000,000 adjusted for inflation using the most current Implicit Price Deflator for the Gross Domestic Product) by State, local, or Tribal governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires FAA consider the impact of paperwork and other information collection burdens imposed on the public. FAA has determined there is no new requirement for information collection associated with this final rule.

F. International Compatibility

In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. FAA has determined there are no ICAO Standards and Recommended Practices that correspond to these regulations.

G. Environmental Analysis

The Department has analyzed the environmental impacts of this final rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). FAA has determined this rule is categorically excluded pursuant to FAA Order 1050.1G. Categorical exclusions are categories of actions FAA has determined normally do not significantly affect the quality of the human environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS).1 In analyzing the applicability of a categorical exclusion, FAA must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS.2 This rulemaking, which makes minor nonsubstantive technical edits to FAA's commercial space regulations, is categorically excluded pursuant to FAA Order 1050.1G, Appendix B, Paragraph B-2.6(f), which categorically excludes issuance of regulatory documents. FAA does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking.

VI. E.O. Determinations

A. E.O. 13132, Federalism

FAA has analyzed this final rule under the principles and criteria of E.O. 13132, Federalism. FAA has determined this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have federalism implications.

B. E.O. 13175, Consultation and Coordination With Indian Tribal Governments

Consistent with E.O. 13175, Consultation and Coordination with Indian Tribal Governments,^[5] and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,^[6] FAA ensures that Federally Recognized Tribes (Tribes) are given the opportunity to provide meaningful and timely input regarding proposed Federal actions that have the potential to have substantial direct effects on one or more Tribes, on the relationship between the Federal Government and Tribes, or on the distribution of power and responsibilities between the Federal Government and Tribes; or to affect uniquely or significantly their respective Tribes. At this point, FAA has not identified any unique or significant effects, environmental or otherwise, on Tribes resulting from this final rule.

C. E.O. 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

FAA analyzed this final rule under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). FAA has determined it is not a “significant energy action” under the E.O. and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

D. E.O. 13609, Promoting International Regulatory Cooperation

Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. FAA has analyzed this action under the policies and agency responsibilities of E.O. 13609 and has determined this action will have no effect on international regulatory cooperation.

VII. Additional Information

A. Electronic Access and Filing

A copy of this final rule and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this final rule will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register's website at www.federalregister.gov and the Government Publishing Office's website at www.govinfo.gov. A copy may also be found on FAA's Regulations and Policies website at www.faa.gov/​regulations_​policies.

Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. Requesters must identify the docket or amendment number of this rulemaking.

All documents FAA considered in developing this final rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar. 29, 1996) requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official or the person listed under ( printed page 70789) the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit www.faa.gov/​regulations_​policies/​rulemaking/​sbre_​act/​.

The Amendments

For the reasons discussed in the preamble, the Federal Aviation Administration amends chapter III of title 14, Code of Federal Regulations as follows:

91 FR 70785