2026-20391Proposed RuleWallet

Space Launches Dodge Lightning Rules: FAA's Bold Gamble

Published Date: 10/5/2026

Proposed Rule

Summary

The FAA is making it easier for commercial space companies by proposing a new rule that lets some launches skip certain lightning safety steps. This change cuts red tape and speeds up the licensing process for space launches and reentries. Companies should weigh in by November 4, 2026, and this could save time and money for those affected.

Analyzed Economic Effects

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Skip Lightning Steps During Descent

If you operate a licensed commercial launch or reentry, the FAA proposes you would not have to follow the lightning mitigation methods in 14 CFR 450.163(a) for descending flight phases when, after descending to an altitude where lightning is foreseeable, the vehicle’s further flight path (including any possible resulting debris) is physically constrained to remain within an area cleared of the public and critical assets. The proposal explicitly says it could apply to operations such as first-stage returns to a barge during final phases of flight.

Per-Application Cost Savings Estimate

FAA estimates the proposed exception would save about $715 per application for industry and about $2,415.77 per application for FAA, for a total administrative cost savings of about $3,131.16 per application. The analysis notes these savings are administrative only and do not include costs of conducting the underlying safety analyses.

New Submission Requirements to Use Exception

If you want to use the lightning exception, you must submit three things with your license application: (1) a description of a valid method to determine the limits of the flight path (including debris) that documents the scientific principles, statistical methods, assumptions and evidence for validation and verification and shows compliance with 14 CFR 450.101(g); (2) representative limits of the vehicle’s flight path from an analysis of a representative mission using that method; and (3) a description of how you will ensure the areas are cleared of the public and critical assets.

No Significant Impact on Small Entities Certified

FAA certified under the Regulatory Flexibility Act that this proposed rule would not have a significant economic impact on a substantial number of small entities, so FAA did not prepare a regulatory flexibility analysis.

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Key Dates

Published Date
Comments Due
10/5/2026
11/4/2026

Department and Agencies

Department
Independent Agency
Agency
Transportation Department
Federal Aviation Administration
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