FAA Issues Licensing Guidance for Launch and Reentry of Space Nuclear Systems

The AC has been long-anticipated and will bring clarity to companies in the space launch and SNS sectors. It may serve as a reference for commercial space industry mission planners and operators as well as launch and reentry vehicle designers, manufacturers, and operators, providing insight into the FAA’s SNS-related safety analyses and regulatory processes.

Background
National Security Presidential Memorandum – 20 (NSPM-20), “Launch of Spacecraft Containing Space Nuclear Systems,” was issued on August 20, 2019, to update the launch processes for spacecraft containing SNS. NSPM-20 establishes the U.S. policy to “... develop and use space nuclear systems when such systems safely enable or enhance space exploration or operational capabilities.”

NSPM-20 establishes guidelines for launches of SNS, including for licensing civilian launches. It also introduces a three-tier system for categorizing launches involving SNS based on factors such as the radioactive source quantities and characteristics, potential for criticality, potential hazard levels, and national security considerations. It further notes that additional guidelines may be appropriate for non-terrestrial fission systems.

NSPM-20 emphasizes the critical importance of conducting nuclear safety analyses and reviews prior to launches containing SNS, with the analyses focusing on each launch stage in which an accident may result in radiological effects on the public. It directs government entities to ensure that SNS launches meet safety guidelines based on specified accident probabilities and possible total effective doses (TED) to any member of the public. Regarding civilian launches of SNS, NSPM-20 provides that the Department of Transportation (DOT) (which includes the FAA) holds licensing authority and directs the coordination of various involved agencies. Such coordination includes actions undertaken via an Interagency Nuclear Safety Review Board which is authorized to review a mission’s nuclear safety analyses. 

NSPM-20 directed the DOT to issue public guidance for applicants seeking a license for a launch or reentry involving SNS. In December 2020, the FAA published a final rule updating its launch regulations. The rule provided that the FAA would evaluate requests to launch or reenter any radionuclide on a case-by-case basis and stated that the FAA was currently developing the guidance as directed by NSPM-20.

Complying with SNS Launch or Reentry Safety Guidelines
AC 450.45-1 describes how the FAA’s safety review and approval process set forth in 14 C.F.R. § 450.45 shall be conducted for applicants seeking a license to launch or reenter vehicles containing SNS. This process includes comprehensive reviews of safety criteria such as debris impact, toxic release and blast overpressure. The AC additionally incorporates the probability thresholds, three-tiered structure, and safety review guidelines set forth in NSPM-20. It outlines nine mission lifetime phases (e.g., pre-launch, launch, reentry, etc.) and requires safety analyses  which quantify the radiological risks or safety hazards to the public or environment posed by reasonably foreseeable scenarios at each phase.

Under the process described in the AC, license applicants must identify the type and quantity of any radionuclide, provide a reference list of all documentation addressing the safety of radionuclide’s intended use, and describe all pre-flight ground operation approvals that must be obtained from the U.S. Nuclear Regulatory Commission (NRC). The FAA will evaluate each launch or reentry involving SNS for compliance with public health and safety, safety of property, and U.S. national security and foreign policy interests.

From an environmental compliance standpoint, the AC notes that applicants must supply the FAA with necessary information for environmental compliance as per the National Environmental Policy Act (NEPA). As directed under FAA regulations, applicants may be required to prepare, finance or support a re-evaluation of environmental assessments and impact statements for launch or reentry licensing of SNS.

AC 450.45-1 also provides potentially novel options for disposal of SNS during the end-of-mission (EOM) phase, stating that SNS may be suitable for spent nuclear fuel storage options that are unavailable in the terrestrial nuclear context. For example, on-orbit nuclear reactors that have reached criticality could be boosted into high orbits which would allow sufficient time for the radioactive decay of fission products.

Notable for commercial developers, the AC provides a method by which applicants can satisfy the FAA’s case-by-case assessment and demonstrate to the FAA that the launch or reentry of SNS is consistent with regulatory requirements. Appendix A of the AC outlines a means of compliance with the FAA’s safety review and approval and payload review and determination processes. The Appendix further describes the information applicants must submit, such as Radiological Material Reports (RMR) which include specific isotope and activity data and details on approvals for pre-flight testing. It explains when applicants must perform criticality hazard analyses and/or additional analyses such as radiological hazard assessments and high-fidelity radiological safety analyses. Finally, applicants must compile a comprehensive Safety Analysis Report (SAR) based on all analyses to ensure SNS safety and adherence to U.S. public health, safety and policy standards.

Conclusion
The FAA licensing process for the launch or reentry of vehicles involving SNS requires license applicants to conduct extensive reviews of multifaceted safety and hazard analyses. The FAA’s new Advisory Circular AC 450.45-1 provides an overview of the licensing process and guidance on when the FAA will find that the launch or reentry of an SNS is consistent with U.S. public health and safety, safety of property, national security, and foreign policy interests. It further serves as a reference point for mission planners, operators and designers involved in launch and reentry vehicles, helping them better understand and navigate the FAA’s safety review and regulatory processes.

The AC’s release is a significant development for companies seeking to design or use SNS technologies, offering clarity and structure to this sector. By outlining the safety criteria, mission lifetime phases, and compliance methods, the AC aids in streamlining the application process for SNS licenses. Moreover, the guidance’s compliance, safety, and risk assessment frameworks are fundamental to the responsible development of space-based nuclear technologies and are thus expected to facilitate commercial space ventures.

Pillsbury’s Chambers Band 1-ranked Nuclear Energy and Aviation regulatory practices have world-recognized experience in both the FAA and nuclear regulatory frameworks that will govern the emerging SNS technologies sector. We encourage those seeking a deeper understanding of the FAA’s nuclear launch processes to reach out to Pillsbury. Our team is ready to help you strategically align your objectives with FAA’s process to minimize regulatory hurdles, streamline your licensing journey, and ensure mission success.