On the US FAA's response to Falcon 9 debris

On February 1, SpaceX launched its Starlink 11-4 mission onboard a Falcon 9 rocket. The rocket's reusable first stage returned safely to the ground and the second stage remained in orbit after deploying the Starlink satellites. It was to deorbit later in a controlled procedure and land somewhere in the Pacific Ocean. But on February 19 it was seen breaking up in the skies over Denmark, England, Poland, and Sweden, with some larger pieces crashing into parts of Poland. After the Polish space agency determined the debris to belong to a SpaceX Falcon 9 rocket, the US Federal Aviation Administration (FAA) was asked about its liability. This was its response:

The FAA determined that all flight events for the SpaceX Starlink 11-4 mission occurred within the scope of SpaceX's licensed activities and that SpaceX satisfied safety at end-of-launch requirements. Per post-launch reporting requirements, SpaceX must identify any discrepancy or anomaly that occurred during the launch to the FAA within 90-days. The FAA has not identified any events that should be classified as a mishap at this time. Licensed flight activities and FAA oversight concluded upon SpaceX's last exercise of control over the Falcon 9 vehicle. SpaceX posted information on its website that the second stage from this launch reentered over Europe. The FAA is not investigating the uncontrolled reentry of the second stage nor the debris found in Poland.

I've spotted a lot of people on the internet (not trolls) describing this response as being in line with Donald Trump's "USA first" attitude and reckless disregard for the consequences of his government's actions and policies on other countries. It's understandable given how his meeting with Zelenskyy on February 28 played out as well as NASA acting administrator Janet Petro's disgusting comment about US plans to "dominate" lunar and cislunar space. However, the FAA's position has been unchanged since at least August 18, 2023, when it issued a "notice of proposed rulemaking" designated 88 FR 56546. Among other things:

The proposed rule would … update definitions relating to commercial space launch and reentry vehicles and occupants to reflect current legislative definitions … as well as implement clarifications to financial responsibility requirements in accordance with the United States Commercial Space Launch Competitiveness Act.

Under Section 401.5 2(i), the notice stated:

(1) Beginning of launch. (i) Under a license, launch begins with the arrival of a launch vehicle or payload at a U.S. launch site.

The FAA's position has likely stayed the same for some duration before the August 2023 date. According to Table 1 in the notice, the "effect of change" of the clarification of the term "Launch", under which Section 401.5 2(i) falls, is:

None. The FAA has been applying these definitions in accordance with the statute since the [US Commercial Space Launch Competitiveness Act 2015] went into effect. This change would now provide regulatory clarity.

Skipping back bit further, the FAA issued a "final rule" on "Streamlined Launch and Reentry License Requirements" on September 30, 2020. The rule states (pp. 680-681) under Section 450.1 (b) 3:

(i) For an orbital launch of a vehicle without a reentry of the vehicle, launch ends after the licensee’s last exercise of control over its vehicle on orbit, after vehicle component impact or landing on Earth, after activities necessary to return the vehicle or component to a safe condition on the ground after impact or landing, or after activities necessary to return the site to a safe condition, whichever occurs latest;

(ii) For an orbital launch of a vehicle with a reentry of the vehicle, launch ends after deployment of all payloads, upon completion of the vehicle's first steady-state orbit if there is no payload deployment, after vehicle component impact or landing on Earth, after activities necessary to return the vehicle or component to a safe condition on the ground after impact or landing, or after activities necessary to return the site to a safe condition, whichever occurs latest; …

In part B of this document, under the heading "Detailed Discussion of the Final Rule" and further under the sub-heading "End of Launch", the FAA presents the following discussion:

[Commercial Spaceflight Federation] and SpaceX suggested that orbital launch without a reentry in proposed §450.3(b)(3)(i) did not need to be separately defined by the regulation, stating that, regardless of the type of launch, something always returns: Boosters land or are disposed, upper stages are disposed. CSF and SpaceX further requested that the FAA not distinguish between orbital and suborbital vehicles for end of launch.

The FAA does not agree because the distinctions in § 450.3(b)(3)(i) and (ii) are necessary due to the FAA's limited authority on orbit. For a launch vehicle that will eventually return to Earth as a reentry vehicle, its on-orbit activities after deployment of its payload or payloads, or completion of the vehicle's first steady-state orbit if there is no payload, are not licensed by the FAA. In addition, the disposal of an upper stage is not a reentry under 51 U.S.C. Chapter 509, because the upper stage does not return to Earth substantially intact.

From 51 USC Chapter 509, Section 401.7:

Reentry vehicle means a vehicle designed to return from Earth orbit or outer space to Earth substantially intact. A reusable launch vehicle that is designed to return from Earth orbit or outer space to Earth substantially intact is a reentry vehicle.

This means Section 450.1 (b) 3(i) under "Streamlined Launch and Reentry License Requirements" of 2020 applies to the uncontrolled deorbiting of the Falcon 9 upper stage in the Starlink 11-4 mission. In particular, according to the FAA, the launch ended "after the licensee’s last exercise of control over its vehicle on orbit", which was the latest relevant event.

Back to the "Detailed Discussion of the Final Rule":

Both CSF and SpaceX proposed “end of launch” should be defined on a case-by-case basis in pre-application consultation and specified in the license. The FAA disagrees, in part. The FAA only regulates on a case-by-case basis if the nature of an activity makes it impossible for the FAA to promulgate rules of general applicability. This need has not arisen, as evidenced by decades of FAA oversight of end-of-launch activities. That said, because the commercial space transportation industry continues to innovate, §450.3(a) gives the FAA the flexibility to adjust the scope of license, including end of launch, based on unique circumstances as agreed to by the Administrator.

The world currently doesn't have a specific international law or agreement dealing with accountability for space debris that crashes to the earth, including paying for the damages such debris wreaks and imposing penalties on offending launch operators. In light of this fact, it's important to remember the FAA's position — even if it seems disagreeable — has been unchanged for some time even as it has regularly updated its rulemaking to accommodate private sector innovation within the spirit of the existing law.

Trump is an ass and I'm not holding out for him to look out for the concerns of other countries when pieces of made-in-USA rockets descend in uncontrolled fashion over their territories, damaging property or even taking lives. But that the FAA didn't develop its present position afresh under Trump 2.0, and that it was really developed with feedback from SpaceX and other US-based spaceflight operators, is important to understand that its attitude towards crashing debris goes beyond ideology, encompassing the support of both Democrat and Republican governments over the years.