[Federal Register: September 9, 2004 (Volume 69, Number 174)]
[Rules and Regulations]
[Page 54581-54589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se04-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 5, 25 and 97
[IB Docket 02-54; FCC 04-130]
RIN 3060-A106
Mitigation of Orbital Debris
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Federal Communications Commission (Commission or FCC)
adopts a Second Report and Order that amends the Commission's rules to
minimize the amount of orbital debris created by satellite systems and
to mitigate the effects of orbital debris on operational spacecraft.
Orbital debris consists of man-made objects that are not functioning
spacecraft. Although orbital debris currently poses little short-term
risk to operational spacecraft, an increase in orbital debris could
have a significant impact in the long term on space activities,
including important satellite communications. Adoption of these rules
will help preserve the United States' continued affordable access to
space, the continued provision of reliable U.S. space-based services--
including communications and remote sensing satellite services for U.S.
commercial, government, and homeland security purposes--as well as the
continued safety of persons and property in space and on the surface of
the Earth. Adoption of these rules will also further the domestic
policy objective of the United States to minimize the creation of
orbital debris and is consistent with international policies and
initiatives to achieve this goal.
DATES: Effective October 12, 2004, except for Sec. Sec. 5.63(e),
25.114(d)(14), and 97.207(g) which contain information collection
requirements that are not effective until approved by the Office of
Management and Budget. The FCC will publish a document in the Federal
Register announcing the effective date for those sections. Written
comments on the Paperwork Reduction Act proposed
[[Page 54582]]
information collection requirements must be submitted by the public,
Office of Management and Budget (OMB), and other interested parties on
or before November 8, 2004.
ADDRESSES: In addition to filing comments with the Office of the
Secretary, a copy of any comments on the Paperwork Reduction Act
information collection requirements contained herein should be
submitted to Judith B. Herman, Federal Communications Commission, Room
1-C804, 445 12th Street, SW., Washington, DC 20554, or via the Internet
to Judith-B.Herman@fcc.gov, and to Kristy L. LaLonde, OMB Desk Office,
Room 10234 NEOB, 725 17th Street, NW., Washington, DC 20503, via the
Internet to Kristy_L.LaLonde@omb.eop.gov, or via fax at 202-395-5167.
FOR FURTHER INFORMATION CONTACT: Stephen Duall, Attorney Advisor,
Satellite Division, International Bureau, telephone (202) 418-1103, or
via the Internet at Stephen.Duall@fcc.gov. For additional information
concerning the Paperwork Reduction Act information collection
requirements contained in this document, contact Judith B. Herman at
202-418-0214, or via the Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order in IB Docket No. 02-54, FCC 04-130, adopted June 9,
2004 and released June 21, 2004. The complete text of this Second
Report and Order is available for inspection and copying during normal
business hours in the FCC Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554. This document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone (202) 488-5300, facsimile (202)
488-5563 or via e-mail at FCC@BCPIWEB.COM. It is also available on the
Commission's Web site at http://www.fcc.gov.
Paperwork Reduction Act Analysis: This document contains proposed
information collection requirements. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collection requirements contained in this document, as
required by the Paperwork Reduction Act (PRA) of 1995, Pub. L. 104-13.
Public and agency comments are due November 8, 2004. Comments should
address: (a) Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimate; (c) ways
to enhance the quality, utility and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Pub. L. 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on
how we might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.'' This
publication and comment period supersedes the publication and comment
period that was published in the Federal Register on July 21, 2004, 69
FR 45714.
OMB Control Number: 3060-1013.
Title: Mitigation of Orbital Debris.
Form No.: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents: 50.
Estimated Time per Response: 5 hours.
Frequency of Response: One time reporting requirement and third
party requirement.
Total Annual Burden: 135 hours.
Total Annual Cost: $36,000.
Privacy Act Impact Assessment: N/A.
Needs and Uses: The Commission is revising this information
collection to reflect the new and/or modified information collection
requirements that resulted from the Second Report and Order, ``In the
Matter of Mitigation of Orbital Debris.'' This Second Report and Order
was released by the Commission on June 21, 2004. The Commission amended
parts 5, 25, and 97 of the Commission's rules by adopting new rules
concerning mitigation of orbital debris. Orbital debris consists of
artificial objects orbiting the earth that are not functional
spacecraft. Adoption of these rules will help preserve the United
States' continued affordable access to space, the continued provision
of reliable U.S. space-based services--including communications and
remote sensing satellite services for U.S. commercial, government, and
homeland security purposes--as well as the continued safety of persons
and property in space and on the surface of the earth. Under the rules
as amended today, a satellite system operator requesting FCC space
station authorization, or an entity requesting a Commission ruling for
access to a non-U.S.-licensed space station under the FCC's satellite
market access procedures, must submit an orbital debris mitigation plan
to the Commission regarding spacecraft design and operation in
connection with its request. This Second Report and Order provides
guidance for the preparation of such plans. The Commission also adopted
requirements concerning the post-mission disposal of Commission-
licensed space stations operating in or near the two most heavily used
orbital regimes, low-earth orbit (LEO), and geostationary-earth orbit
(GEO). Adoption of these rules will further the domestic policy
objective of the United States to minimize the creation of orbital
debris and is consistent with international policies and initiatives to
achieve this goal.
The information collection requirements accounted for in this
collection are necessary to mitigate the potential harmful effects of
orbital debris accumulation. Without such information collection
requirements, the growth in the orbital debris may limit the usefulness
of space for communications and other uses in the future by raising the
costs and lowering the reliability of space-based systems.
Regulatory Flexibility Analysis: As required by the Regulatory
Flexibility Act of 1980, as amended (RFA),\1\ an Initial Regulatory
Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed
Rulemaking in the Matter of Mitigation of Orbital Debris (Orbital
Debris Notice).\2\ The Commission sought written public comment on the
proposals in the Orbital Debris Notice, including comment on the IRFA.
The comments received are discussed below. This present Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.\3\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Mitigation of Orbital Debris, Notice of Proposed
Rulemaking, IB Docket No. 02-54, FCC 02-80, 17 FCC Rcd 5586, 5613
(2002).
\3\ See 5 U.S.C. 604.
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Need for, and Objectives of, the Proposed Rules: Orbital debris
consists of artificial objects orbiting the Earth that are not
functional spacecraft. Since human activity in space began, there has
been a steady growth in the number and total mass of orbital debris.
The risks presented by orbital debris consist primarily of the risk of
collisions between orbital debris and functional spacecraft, and the
risk of damage to persons and property on the surface of the Earth in
cases where a debris object
[[Page 54583]]
survives reentry into the Earth's atmosphere. While these risks are
small and are likely to remain so for the near term, continued and
unmitigated growth in the orbital debris population may limit the
usefulness of space--particularly high-value orbits such as low-Earth
orbit (LEO)\4\ and geostationary-Earth orbit (GEO)\5\--for
communications and other uses in the future, by raising the costs and
lowering the reliability of space-based systems.
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\4\ For purposes of the Second Report and Order, the term LEO is
used to refer to the orbits at altitudes below 2,000 kilometers.
\5\ GEO is a circular orbit along the plane of the Earth's
equator at an altitude of approximately 35,786 kilometers. A
spacecraft in geostationary-Earth orbit can be maintained at a
constant longitudinal position relative to the Earth, thus allowing
the satellite to be ``seen'' continuously from, and at a fixed
orientation to, any given point on the Earth's surface.
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This Second Report and Order adopts rules to minimize the creation
of orbital debris. Minimizing the creation of orbital debris will help
to ensure continued affordable access to space by the United States,
the continued provision of U.S. space-based communications, and the
continued safety of persons and property in space and on the surface of
the Earth. In addition, the adoption of orbital debris mitigation rules
by the FCC furthers the long-standing policy of the United States to
minimize the creation of orbital debris, and is consistent with
international policies and initiatives to mitigate orbital debris.
Summary of Significant Issues Raised by Public Comments in Response
to the IRFA: Two parties submitted comments that specifically responded
to the IRFA. The Radio Amateur Satellite Corporation (AMSAT)\6\
contends that it and its constituent members qualify as ``small
entities'' that must be considered in the Commission's formulation of
any new rules that may be applicable to the amateur-satellite service.
In addition, the University of Mississippi National Remote Sensing and
Space Law Center (UM Space Law Center)\7\ proposes that, although
threshold requirements for orbital debris mitigation should be set by
the FCC, the orbital debris mitigation plans of small entities should
be reviewed on a case-by-case basis and that small entities should be
able to seek exemptions from orbital debris mitigation reporting or
compliance requirements if specific reasons for the exemption can be
shown.
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\6\ Comments of the Radio Amateur Satellite Corporation
Regarding Initial Regulatory Flexibility Analysis, IB Docket No. 02-
54 (filed July 17, 2002).
\7\ Response of the University of Mississippi National Remote
Sensing and Space Law Center to Initial Regulatory Flexibility
Analysis, IB Docket No. 02-54 (filed July 16, 2002).
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There is no significant economic impact on AMSAT or its constituent
members under the RFA. AMSAT is a non-profit scientific and educational
organization that represents individuals who hold amateur radio
licenses under 47 CFR 97 of the Commission's rules, and who operate or
communicate with amateur space stations. Because only individuals may
hold amateur licenses and amateur licensees are precluded from
operating for commercial purposes, neither AMSAT nor individual amateur
licensees fit the definition of small entity, as defined by the SBA.\8\
Nonetheless, the Second Report and Order has addressed the proposal of
AMSAT and other commenters to exempt categorically amateur space
stations from orbital debris mitigation requirements and found such
proposals to be inconsistent with the purpose and object of such
requirements.\9\
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\8\ See 5 U.S.C. 601(6) (``small entity'' has same meaning as
``small business'' under RFA).
\9\ See Second Report and Order at paras. 89-92.
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Furthermore, the rules adopted in the Second Report and Order are
consistent with the proposals of the UM Space Law Center. Under the new
rules, the elements of the orbital debris mitigation plans of all
parties--not just small entities--are reviewed on a case-by-case basis
in the majority of instances. Where the rules adopt rules in lieu of
case-by-case review, such as for the post-mission disposal of GEO
satellites, parties are permitted under existing FCC rules to seek
waivers of such requirements for specific good cause shown.\10\ In
addition, the Second Report and Order exempts, or ``grandfathers,'' in-
orbit GEO satellites that were launched prior to the release of the
Orbital Debris Notice on March 18, 2002 from the minimum post-mission
disposal altitude requirements that are adopted by the Commission.\11\
Comments indicated that the financial impact of the post-mission
disposal rules for GEO spacecraft could be significant for this class
of satellites in the absence of grandfathering.
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\10\ See 47 CFR 1.3.
\11\ See Second Report and Order at Section III.D.4.i.
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Description and Estimate of the Number of Small Entities to Which
the Proposed Rules May Apply: The RFA directs agencies to provide a
description of, and, where feasible, an estimate of, the number of
small entities that may be affected by the proposed rules, if
adopted.\12\ The RFA generally defines the term ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \13\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\14\ A small
business concern is one which: (1) Is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).\15\ A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.''\16\ Nationwide, as of 1992, there were
approximately 275,801 small organizations.\17\ ``Small governmental
jurisdiction'' generally means ``governments of cities, counties,
towns, townships, villages, school districts, or special districts,
with a population of less than 50,000.''\18\ As of 1992, there were
approximately 85,006 such jurisdictions in the United States.\19\ This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or 96 percent, have populations of fewer than 50,000.\20\ The Census
Bureau estimates that this ratio is approximately accurate for all
governmental entities. Thus, of the 85,006 governmental entities, we
estimate that 81,600 (91 percent) are small entities. Below, we further
describe and estimate the number of small entity licensees that may be
affected by the proposed rules, if adopted.
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\12\ 5 U.S.C. 603(b)(3).
\13\ Id. 601(6).
\14\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\15\ Small Business Act, 15 U.S.C. 632 (1996).
\16\ 5 U.S.C. 601(4).
\17\ 1992 Economic Census, U.S. Bureau of the Census, Table 6
(special tabulation of data under contract to Office of Advocacy of
the U.S. Small Business Administration).
\18\ 5 U.S.C. 601(5).
\19\ U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census
of Governments.''
\20\ Id.
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The rules proposed in this Second Report and Order would affect
satellite operators, if adopted. The Commission has not developed a
definition of small entities applicable to satellite operators.
Therefore, the applicable definition of small entity is generally the
definition under the SBA rules applicable to
[[Page 54584]]
Satellite Telecommunications.\21\ The SBA has developed a small
business size standard for Satellite Telecommunications, which consists
of all such firms having $12.5 million or less in annual receipts.\22\
According to Census Bureau data for 1997, in this category there was a
total of 324 firms that operated for the entire year.\23\ Of this
total, 273 firms had annual receipts of under $10 million, and an
additional twenty-four firms had receipts of $10 million to
$24,999,999.\24\ Thus, under this size standard, the majority of firms
can be considered small.
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\21\ ``This industry comprises establishments primarily engaged
in providing point-to-point telecommunications services to other
establishments in the telecommunications and broadcasting industries
by forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Small
Business Administration, 1997 NAICS Definitions, NAICS 513340.
\22\ 13 CFR 121.201, NAIC code 517410 (changed from 513340 in
October 2002).
\23\ U.S. Census Bureau, 1997 Economic Census, Subject Series:
Information, ``Establishment and Firm Size (Including Legal Form of
Organization),'' Table 4, NAICS code 513340 (issued October 2000).
\24\ Id.
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In addition, Commission records reveal that there are approximately
240 space station operators licensed by this Commission. We do not
request or collect annual revenue information, and thus are unable to
estimate the number of licensees that would constitute a small business
under the SBA definition. Small businesses may not have the financial
ability to become space station licensees because of the high
implementation costs associated with satellite systems and services.
Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements: Under the rules as amended by the Second
Report and Order, a satellite system operator requesting FCC space
station authorization, or an entity requesting a Commission ruling for
access to a non-U.S.-licensed space station under the FCC's satellite
market access procedures, must submit an orbital debris mitigation plan
to the Commission regarding spacecraft design and operation in
connection with its request. The Second Report and Order provides
guidance for the preparation of such plans. The Second Report and Order
also adopt requirements concerning the post-mission disposal of
Commission-licensed space stations operating in or near the two most
heavily used orbital regimes, low-Earth orbit and geostationary-Earth
orbit.
As discussed below, all parties requesting Commission authorization
to operate a space station or a ruling for access to a non-U.S.-
licensed space station must already demonstrate under existing FCC
rules that they have the technical and legal ability to conduct such
operations as a prerequisite to grant of an FCC authorization.\25\
Because the preparation and disclosure of orbital debris mitigation
plans utilizes engineering and legal resources similar to those
currently used in the space station licensing process, it is expected
that all parties--including small entities--will have available the
resources to prepare and disclose orbital debris mitigation plans.
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\25\ 47 CFR 25.140-146 (requiring applicants in various
satellite services to demonstrate technical qualifications as a
prerequisite to receiving Commission authorization for space station
operations).
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Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered: The RFA requires an
agency to describe any significant alternatives that it has considered
in reaching its proposed approach, which may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.\26\
Each is discussed in turn below.
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\26\ 5 U.S.C. 603(c)(1)--(c)(4).
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(1) Differing compliance or reporting requirements.The Second
Report and Order requires all satellite operators to disclose plans to
mitigate orbital debris as part of their requests for Commission
authorization. The requirement for the disclosure of orbital debris
mitigation plans is not a periodic reporting requirement, but is
instead triggered by submission of a request for Commission licensing
or authorization, the timing of which is subject to the control of the
applicant. As a result, the timetable for the disclosure can be
adjusted by any applicant--including small entities--without the need
for specific exemptions in the Commission's rules. Because the
preparation and disclosure of orbital debris mitigation plans utilizes
engineering and legal resources similar to those currently used in the
licensing process, it is expected that all parties--including small
entities--will have available the resources to prepare and disclose
orbital debris mitigation plans. Furthermore, authorizing space station
operations by small entities, which pose the same public interest
concerns as those posed by large entities, without any consideration of
whether the proposed space station operations will contribute
unreasonably to the creation of orbital debris would undermine the
policy object of the Commission and the United States Government in
mitigating orbital debris.
(2) Clarification, consolidation, or simplification of compliance
or reporting requirements. The Second Report and Order clarifies,
consolidates, and/or simplifies several existing compliance or
reporting requirements regarding the operation of FCC-licensed space
stations that will benefit all authorized space station operators,
including small entities.
(3) Use of performance, rather than design, standards. The Second
Report and Order establishes its debris mitigation requirements in
terms of performance standards and does not adopt design standards for
any class of entities, including small entities.
(4) Exemption from coverage of the rule, or any part thereof, for
small entities. Authorizing space station operations by small entities,
which pose the same public interest concerns as those posed by large
entities, without any consideration of whether the proposed space
station operations will contribute to the creation of orbital debris
would undermine the policy object of the Commission and the United
States Government in mitigating orbital debris. A categorical exemption
from debris mitigation rules was considered in the context of amateur
space station licenses--even though amateur space station licensees are
not small entities as defined by the RFA--and was rejected as
inconsistent with the underlying purpose of the rules.\27\ In addition,
any operator--including a small entity--is permitted under existing FCC
rules to seek waivers of debris mitigation requirements for specific
good cause shown.\28\ In addition, the Second Report and Order exempts,
or ``grandfathers,'' all in-orbit GEO satellites that were launched
prior to the release of the Orbital Debris Notice on March 18, 2002
from the minimum post-mission disposal altitude requirement that are
adopted by the Commission.\29\ Comments indicated that the financial
impact of the post-mission disposal rules for GEO spacecraft could be
significant for this
[[Page 54585]]
class of satellites in the absence of grandfathering.
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\27\ See Second Report and Order at para. 91.
\28\ See 47 CFR 1.3.
\29\ See Second Report and Order at Section III.D.4.i.
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Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules: Remote sensing satellite systems are licensed by both
the FCC and the National Oceanic and Atmospheric Administration (NOAA)
of the Department of Commerce. The Second Report and Order waives
disclosure requirements concerning post-mission disposal of spacecraft
for remote sensing satellites when those disposal plans have been
reviewed and approved by NOAA as part of its licensing process.
Report to Congress: The Commission will send a copy of the Second
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act.\30\ In addition, the
Commission will send a copy of the Second Report and Order, including
this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Second Report and Order and FRFA (or summaries thereof) will also be
published in the Federal Register.\31\
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\30\ See 5 U.S.C. 801(a)(1)(A).
\31\ See 5 U.S.C. 604(b).
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Summary of the Second Report and Order
In this Second Report and Order, the Commission amends parts 5, 25,
and 97 of its rules by adopting new rules concerning mitigation of
orbital debris. The Second Report and Order concludes that the
Commission has authority under the Communications Act, 47 U.S.C. 151 et
seq., to adopt orbital debris mitigation rules.
Under the Commission's rules, as amended by the Second Report and
Order, a satellite system operator requesting FCC space station
authorization, or an entity requesting a Commission ruling for access
to a non-U.S.-licensed space station under the FCC's satellite market
access procedures, must submit an orbital debris mitigation plan to the
Commission regarding spacecraft design and operation in connection with
its request. Entities that have requests for such Commission
authorization currently pending have 30 days after the effective date
of the orbital debris disclosure rules in which to amend their requests
by filing a disclosure of debris mitigation plans in a manner
consistent with this Second Report and Order. The Second Report and
Order also amends Sec. Sec. 25.143(b), 25.145(c)(3), 25.146(i)(4), and
25.217 to eliminate previously adopted, duplicative orbital debris
disclosure requirements for specific satellite services. The Commission
will announce the effective date of the elimination of these service
specific disclosure requirements in a future Federal Register notice,
which will also announce the effective date of the new orbital debris
disclosure rules in Sec. Sec. 5.63(e), 25.114(d)(14), and 97.207(g).
The Second Report and Order provides guidance for the preparation
of debris mitigation plans. The Second Report and Order amends
Sec. Sec. 5.63, 25.114, and 97.207 of the Commission's rules to
specify the elements of the orbital debris mitigation plans that must
be addressed as part of a request for Commission authorization. As a
result, mitigation plans must address elements of spacecraft design and
operations so as to minimize the affect of collisions with small
debris, the minimization of debris generated by accidental explosions,
the selection of safe flight profiles to minimize collisions with large
objects, and disposal plans for spacecraft at end of life.
The Second Report and Order amends the Commission's rules governing
application filing, pre-operational maneuvers, on-orbit operations, and
coordination of maneuvers. The Second Report and Order declines to
adopt an orbital tolerance for NGSO spacecraft, but amends Sec. 25.114
of the Commission's rules to require disclosure of the accuracy, if
any, with which the orbital parameters of NGSO spacecraft will be
maintained. It also adopts a new rule Sec. 25.282 which authorizes GEO
spacecraft to transmit in connection with short-term transitory
maneuvers directly related to post-launch, orbit-raising maneuvers,
provided that certain conditions are met.
The Second Report and Order also adopts a proposal to shorten and
simplify the text of Sec. 25.210(j) of the Commission's rules, which
requires GEO space stations to be maintained within < plus-
minus>0.05[deg] of their assigned orbital longitude, and to provide an
explicit exception for certain end-of-life operations. It defers the
issue of whether to extend the longitudinal tolerance of < plus-
minus>0.05[deg], applicable to space stations in the fixed-satellite
service, to all space stations, including mobile-satellite service
(MSS) and remote sensing space stations, to a further notice of
proposed rulemaking to be initiated at a later date. In addition, the
Second Report and Order amends Sec. 25.280 of the Commission's rule to
clarify the timing of the notice that must be provided to the
Commission once a GEO spacecraft initiates inclined orbit operations.
Furthermore, the Second Report and Order amends Sec. 25.114 to
require a more detailed discussion of how certain satellite systems
will avoid potential in-orbit collisions. These systems include those
launched into a low-Earth orbit that is identical, or very similar, to
an orbit used by another system, as well as a GEO system that is
proposed to be co-located with other satellites at a single GEO orbital
location.
The Second Report and Order adopts rules concerning the post-
mission disposal of Commission-licensed spacecraft. The Commission will
examine orbital debris mitigation plans of non-geostationary satellite
orbit (NGSO) spacecraft, including LEO spacecraft, on a case-by-case
basis in light of the U.S. Government Orbital Debris Mitigation
Standard Practices (U.S. Government Standard Practices) and the orbital
debris mitigation guidelines presented by the Inter-Agency Space Debris
Coordination Committee (IADC Guidelines). Use of post-mission disposal
methods for LEO spacecraft as set forth by the U.S. Government Standard
Practices and IADC Guidelines suggest that the space station will
operate consistent with the public interest. Disclosures indicating
that a spacecraft will not use one of these disposal methods may
necessitate the Commission to seek further information, or ultimately
to condition or withhold approval. Furthermore, the Second Report and
Order amends Sec. Sec. 5.63, 25.114, and 97.207 to require entities
proposing to dispose of spacecraft by means of atmospheric re-entry to
assess the risk of human casualty from such maneuvers.
For GEO spacecraft, the Second Report and Order adopts the proposal
of the Orbital Debris Notice to evaluate post-mission disposal plans
according to the formula developed by the IADC Guidelines for
determining the minimum perigee storage altitude for GEO spacecraft at
end of life. For GEO spacecraft launched prior to the release of the
Orbital Debris Notice on March 18, 2002, the Commission exempts, or
``grandfathers,'' such spacecraft from the requirement to be relocated
at end of life to a disposal orbit calculated by use of IADC formula.
The Second Report and Order adopts the proposed rule that an GEO
spacecraft that is disposed of at end of life according to the IADC
formula may operate outside of its assigned orbital location for the
purpose of such post-mission disposal, on the condition that the
spacecraft's tracking, telemetry, and control transmissions are planned
so as to avoid electrical interference to other satellites and are
coordinated with any potentially affected satellite networks.
Furthermore, the Second Report and Order requires all Commission-
licensed spacecraft to
[[Page 54586]]
ensure that all stored energy sources on board the satellite are
discharged at the end of life, unless prevented by technical failures
beyond their control. It also amends Sec. Sec. 5.63, 25.114, and
97.207 to require disclosure of the quantity of fuel--if any--that will
be reserved for post-mission disposal maneuvers of both GEO and NGSO
spacecraft. New post-mission disposal requirements are codified in new
Sec. 25.283 of the Commission's rules.
The Second Report and Order clarifies that amateur, experimental,
and non-U.S.-licensed spacecraft must submit the same orbital debris
mitigation disclosure as U.S.-licensed spacecraft requesting
authorization pursuant to part 25 of the Commission's rules. The Second
Report and Order adopts the proposal not to address matters involving
post-mission disposal of spacecraft that are co-licensed by the
National Oceanic and Atmospheric Administration (NOAA) since such plans
are already subject to effective regulatory review by NOAA. The Second
Report and Order also states that the Commission does not intend to
alter the current practice of not requiring information about the
launch vehicle used to launch an FCC-licensed spacecraft into orbit,
but the Commission retains discretion to consider orbital debris
concerns involving a particular launch vehicle in the event they are
raised as part of a request for a Commission authorization.
Finally, the Second Report and Order addresses liability and
insurance issues related to orbital debris. It declines to adopt a rule
requiring space station operator to obtain insurance to protect the
United States from exposure to liability claims arising from orbital
debris, but states insurance and liability issues will continue to play
a role in the determination of whether approval of a particular debris
mitigation plan serves the public interest, particularly when the plan
involves activities, such as atmospheric re-entry, which may involve
more immediate and substantial risks to persons and property on the
surface of the Earth.
Ordering Clauses
Accordingly, pursuant to sections 1, 4(i), 301, 303, 308, 309, and
310 of the Communications Act of 1934, as amended, 47 U.S.C. sections
151, 154(i), 301, 303, 308, 309, and 310, this Second Report and Order
in IB Docket No. 02-54 is hereby adopted.
Parts 5, 25, and 97 of the Commission's rules are amended as set
forth below.
The Consumer Information Bureau, Reference Information Center,
shall send a copy of this Second Report and Order, including the Final
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Parts 5, 25, and 97
Reporting and recordkeeping requirements, Satellites.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 5, 25, and 97 as follows:
PART 5--EXPERIMENTAL RADIO SERVICE (OTHER THAN BROADCAST)
0
1. The authority citation for part 5 continues to read as follows:
Authority: Secs. 4, 302, 303, 48 Stat. 1066, 1082, as amended;
47 U.S.C. 154, 302, 303. Interpret or apply sec. 301, 48 Stat. 1081,
as amended; 47 U.S.C. 301.
0
2. Add paragraph (e) to Sec. 5.63 to read as follows:
Sec. 5.63 Supplementary statements required.
* * * * *
(e) Except where the satellite system has already been authorized
by the FCC, applicants for an experimental authorization involving a
satellite system must submit a description of the design and
operational strategies the satellite system will use to mitigate
orbital debris, including the following information:
(1) A statement that the space station operator has assessed and
limited the amount of debris released in a planned manner during normal
operations, and has assessed and limited the probability of the space
station becoming a source of debris by collisions with small debris or
meteoroids that could cause loss of control and prevent post-mission
disposal;
(2) A statement that the space station operator has assessed and
limited the probability of accidental explosions during and after
completion of mission operations. This statement must include a
demonstration that debris generation will not result from the
conversion of energy sources on board the spacecraft into energy that
fragments the spacecraft. Energy sources include chemical, pressure,
and kinetic energy. This demonstration should address whether stored
energy will be removed at the spacecraft's end of life, by depleting
residual fuel and leaving all fuel line valves open, venting any
pressurized system, leaving all batteries in a permanent discharge
state, and removing any remaining source of stored energy, or through
other equivalent procedures specifically disclosed in the application;
(3) A statement that the space station operator has assessed and
limited the probability of the space station becoming a source of
debris by collisions with large debris or other operational space
stations. Where a space station will be launched into a low-Earth orbit
that is identical, or very similar, to an orbit used by other space
stations, the statement must include an analysis of the potential risk
of collision and a description of what measures the space station
operator plans to take to avoid in-orbit collisions. If the space
station operator is relying on coordination with another system, the
statement must indicate what steps have been taken to contact, and
ascertain the likelihood of successful coordination of physical
operations with, the other system. The statement must disclose the
accuracy--if any--with which orbital parameters of non-geostationary
satellite orbit space stations will be maintained, including apogee,
perigee, inclination, and the right ascension of the ascending node(s).
In the event that a system is not able to maintain orbital tolerances,
i.e., it lacks a propulsion system for orbital maintenance, that fact
should be included in the debris mitigation disclosure. Such systems
must also indicate the anticipated evolution over time of the orbit of
the proposed satellite or satellites. Where a space station requests
the assignment of a geostationary-Earth orbit location, it must assess
whether there are any known satellites located at, or reasonably
expected to be located at, the requested orbital location, or assigned
in the vicinity of that location, such that the station keeping volumes
of the respective satellites might overlap. If so, the statement must
include a statement as to the identities of those parties and the
measures that will be taken to prevent collisions;
(4) A statement detailing the post-mission disposal plans for the
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For
geostationary-Earth orbit space stations, the statement must disclose
the altitude selected for a post-mission disposal orbit and the
calculations that are used in deriving the disposal altitude. The
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry
[[Page 54587]]
of the space station. In general, an assessment should include an
estimate as to whether portions of the spacecraft will survive re-entry
and reach the surface of the Earth, as well as an estimate of the
resulting probability of human casualty.
PART 25--SATELLITE COMMUNICATIONS
0
3. The authority citation for part 25 continues to read as follows:
Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4,
301, 302, 303, 307, 309 and 332 of the Communications Act, as
amended, 47 U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332,
unless otherwise noted.
0
4. Add paragraph (d)(14) to Sec. 25.114 to read as follows:
Sec. 25.114 Applications for space station authorizations.
* * * * *
(d) * * *
(14) A description of the design and operational strategies that
will be used to mitigate orbital debris, including the following
information:
(i) A statement that the space station operator has assessed and
limited the amount of debris released in a planned manner during normal
operations, and has assessed and limited the probability of the space
station becoming a source of debris by collisions with small debris or
meteoroids that could cause loss of control and prevent post-mission
disposal;
(ii) A statement that the space station operator has assessed and
limited the probability of accidental explosions during and after
completion of mission operations. This statement must include a
demonstration that debris generation will not result from the
conversion of energy sources on board the spacecraft into energy that
fragments the spacecraft. Energy sources include chemical, pressure,
and kinetic energy. This demonstration should address whether stored
energy will be removed at the spacecraft's end of life, by depleting
residual fuel and leaving all fuel line valves open, venting any
pressurized system, leaving all batteries in a permanent discharge
state, and removing any remaining source of stored energy, or through
other equivalent procedures specifically disclosed in the application;
(iii) A statement that the space station operator has assessed and
limited the probability of the space station becoming a source of
debris by collisions with large debris or other operational space
stations. Where a space station will be launched into a low-Earth orbit
that is identical, or very similar, to an orbit used by other space
stations, the statement must include an analysis of the potential risk
of collision and a description of what measures the space station
operator plans to take to avoid in-orbit collisions. If the space
station operator is relying on coordination with another system, the
statement must indicate what steps have been taken to contact, and
ascertain the likelihood of successful coordination of physical
operations with, the other system. The statement must disclose the
accuracy--if any--with which orbital parameters of non-geostationary
satellite orbit space stations will be maintained, including apogee,
perigee, inclination, and the right ascension of the ascending node(s).
In the event that a system is not able to maintain orbital tolerances,
i.e., it lacks a propulsion system for orbital maintenance, that fact
should be included in the debris mitigation disclosure. Such systems
must also indicate the anticipated evolution over time of the orbit of
the proposed satellite or satellites. Where a space station requests
the assignment of a geostationary-Earth orbit location, it must assess
whether there are any known satellites located at, or reasonably
expected to be located at, the requested orbital location, or assigned
in the vicinity of that location, such that the station keeping volumes
of the respective satellites might overlap. If so, the statement must
include a statement as to the identities of those parties and the
measures that will be taken to prevent collisions;
(iv) A statement detailing the post-mission disposal plans for the
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For
geostationary-Earth orbit space stations, the statement must disclose
the altitude selected for a post-mission disposal orbit and the
calculations that are used in deriving the disposal altitude. The
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In
general, an assessment should include an estimate as to whether
portions of the spacecraft will survive re-entry and reach the surface
of the Earth, as well as an estimate of the resulting probability of
human casualty.
* * * * *
0
5. Revise Sec. 25.210(j) to read as follows:
Sec. 25.210 Technical requirements for space stations in the Fixed-
Satellite Service.
* * * * *
(j) Space stations operated in the geostationary satellite orbit
must be maintained within 0.05[deg] of their assigned orbital longitude
in the east/west direction, unless specifically authorized by the
Commission to operate with a different longitudinal tolerance, and
except as provided in Section 25.283(b) (End-of-life Disposal).
* * * * *
0
6. Revise Sec. 25.280 to read as follows:
Sec. 25.280 Inclined orbit operations.
(a) Satellite operators may commence operation in inclined orbit
mode without obtaining prior Commission authorization provided that the
Commission is notified by letter within 30 days after the last north-
south station keeping maneuver. The notification shall include:
(1) The operator's name;
(2) The date of commencement of inclined orbit operation;
(3) The initial inclination;
(4) The rate of change in inclination per year; and
(5) The expected end-of-life of the satellite accounting for
inclined orbit operation, and the maneuvers specified under Sec.
25.283 of the Commission's rules.
(b) Licensees operating in inclined-orbit are required to:
(1) Periodically correct the satellite attitude to achieve a
stationary spacecraft antenna pattern on the surface of the Earth and
centered on the satellite's designated service area;
(2) Control all electrical interference to adjacent satellites, as
a result of operating in an inclined orbit, to levels not to exceed
that which would be caused by the satellite operating without an
inclined orbit;
(3) Not claim protection in excess of the protection that would be
received by the satellite network operating without an inclined orbit;
and
(4) Continue to maintain the space station at the authorized
longitude orbital location in the geostationary satellite arc with the
appropriate east-west station-keeping tolerance.
0
7. Add Sec. 25.282 to subpart D to read as follows:
Sec. 25.282 Orbit raising maneuvers.
A space station authorized to operate in the geostationary
satellite orbit under this part is also authorized to transmit in
connection with short-term, transitory maneuvers directly related to
post-launch, orbit-raising maneuvers, provided that the following
conditions are met:
(a) Authority is limited to those tracking, telemetry, and control
[[Page 54588]]
frequencies in which the space station is authorized to operate once it
reaches its assigned geostationary orbital location;
(b) In the event that any unacceptable interference does occur, the
space station licensee shall cease operations until the issue is
rectified;
(c) The space station licensee is required to accept interference
from any lawfully operating satellite network or radio communication
system.
0
8. Add Sec. 25.283 to subpart D to read as follows:
Sec. 25.283 End-of-life disposal.
(a) Geostationary orbit space stations. Unless otherwise explicitly
specified in an authorization, a space station authorized to operate in
the geostationary satellite orbit under this part shall be relocated,
at the end of its useful life, barring catastrophic failure of
satellite components, to an orbit with a perigee with an altitude of no
less than:
36,021 km + (1000[middot]CR[middot]A/m)
where CR is the solar pressure radiation coefficient of the
spacecraft, and A/m is the Area to mass ratio, in square meters per
kilogram, of the spacecraft.
(b) A space station authorized to operate in the geostationary
satellite orbit under this part may operate using its authorized
tracking, telemetry and control frequencies, and outside of its
assigned orbital location, for the purpose of removing the satellite
from the geostationary satellite orbit at the end of its useful life,
provided that the conditions of paragraph (a) of this section are met,
and on the condition that the space station's tracking, telemetry and
control transmissions are planned so as to avoid electrical
interference to other space stations, and coordinated with any
potentially affected satellite networks.
(c) All space stations. Upon completion of any relocation
authorized by paragraph (b) of this section, or any relocation at end-
of-life specified in an authorization, or upon a spacecraft otherwise
completing its authorized mission, a space station licensee shall
ensure, unless prevented by technical failures beyond its control, that
all stored energy sources on board the satellite are discharged, by
venting excess propellant, discharging batteries, relieving pressure
vessels, and other appropriate measures.
(d) The minimum perigee requirement of paragraph (a) of this
section shall not apply to space stations launched prior to March 18,
2002.
PART 97--AMATEUR RADIO SERVICE
0
9. The authority citation for part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
0
10. Revise Sec. 97.207(g) to read as follows:
Sec. 97.207 Space station.
* * * * *
(g) The license grantee of each space station must make two written
pre-space station notifications to the International Bureau, FCC,
Washington DC 20554. Each notification must be in accord with the
provisions of Articles S9 and S11 of the ITU Radio Regulations.
(1) The first notification is required no less than 27 months prior
to initiating space station transmissions and must specify the
information required by Appendix S4 and Resolution No. 642 of the
International Telecommunication Union Radio Regulations. The first
notification shall also include a description of the design and
operational strategies the space station will use to mitigate orbital
debris, including the following information:
(i) A statement that the space station operator has assessed and
limited the amount of debris released in a planned manner during normal
operations, and has assessed and limited the probability of the space
station becoming a source of debris by collisions with small debris or
meteoroids that could cause loss of control and prevent post-mission
disposal;
(ii) A statement that the space station operator has assessed and
limited the probability of accidental explosions during and after
completion of mission operations. This statement must include a
demonstration that debris generation will not result from the
conversion of energy sources on board the spacecraft into energy that
fragments the spacecraft. Energy sources include chemical, pressure,
and kinetic energy. This demonstration should address whether stored
energy will be removed at the spacecraft's end of life, by depleting
residual fuel and leaving all fuel line valves open, venting any
pressurized system, leaving all batteries in a permanent discharge
state, and removing any remaining source of stored energy, or through
other equivalent procedures specifically disclosed in the application;
(iii) A statement that the space station operator has assessed and
limited the probability of the space station becoming a source of
debris by collisions with large debris or other operational space
stations. Where a space station will be launched into a low-Earth orbit
that is identical, or very similar, to an orbit used by other space
stations, the statement must include an analysis of the potential risk
of collision and a description of what measures the space station
operator plans to take to avoid in-orbit collisions. If the space
station operator is relying on coordination with another system, the
statement must indicate what steps have been taken to contact, and
ascertain the likelihood of successful coordination of physical
operations with, the other system. The statement must disclose the
accuracy--if any--with which orbital parameters of non-geostationary
satellite orbit space stations will be maintained, including apogee,
perigee, inclination, and the right ascension of the ascending node(s).
In the event that a system is not able to maintain orbital tolerances,
i.e., it lacks a propulsion system for orbital maintenance, that fact
should be included in the debris mitigation disclosure. Such systems
must also indicate the anticipated evolution over time of the orbit of
the proposed satellite or satellites. Where a space station requests
the assignment of a geostationary-Earth orbit location, it must assess
whether there are any known satellites located at, or reasonably
expected to be located at, the requested orbital location, or assigned
in the vicinity of that location, such that the station keeping volumes
of the respective satellites might overlap. If so, the statement must
include a statement as to the identities of those parties and the
measures that will be taken to prevent collisions;
(iv) A statement detailing the post-mission disposal plans for the
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For
geostationary-Earth orbit space stations, the statement must disclose
the altitude selected for a post-mission disposal orbit and the
calculations that are used in deriving the disposal altitude. The
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In
general, an assessment should include an estimate as to whether
portions of the spacecraft will survive re-entry and reach the surface
of the Earth, as well as an estimate of the resulting probability of
human casualty.
(2) The second notification is required no less than 5 months prior
to initiating space station transmissions and must specify the
information required by
[[Page 54589]]
Appendix S4 and Resolution No. 642 of the Radio Regulations.
* * * * *
[FR Doc. 04-20362 Filed 9-8-04; 8:45 am]
BILLING CODE 6712-01-P