FAA Withdraws Proposed Rule Regarding Mitigation of Rocket-Related Debris

The Federal Aviation Administration (FAA) withdrew their Notice of Proposed Rulemaking (NPRM) titled "Mitigation Methods for Launch Vehicle Upper Stages on the Creation of Orbital Debris". This proposed rule was first introduced on September 26, 2023, aiming to align U.S. regulations with international guidelines.

The rule mandated that "if debris, including spent upper stages and other components, is released during launch or reentry, during on-orbit aspects of launch or reentry, or during disposal operations, any pieces greater than 5 mm in size must be removed from highly-used regions within 25 years. The FAA proposed to allow operators to meet this criterion by performing one of five disposal options. Operators had the choice to dispose of the debris within 30 days of mission completion through (1) controlled disposal; (2) maneuver to a disposal orbit; or (3) Earth-escape orbit. Alternatively, an operator could have elected to (4) retrieve the debris within 5 years of mission completion; or (5) perform atmospheric uncontrolled disposal or natural decay within 25 years, if the debris disposal met the risk criteria. The FAA also proposed to amend the reporting requirements governing debris creation, in which it would have required the reporting of a non-nominal launch or a debris-creating anomaly to the FAA."

The FAA emphasized that the current IADC and ODMSP guidelines, which limit post-mission lifetimes in LEO to 25 years, may be inadequate to prevent the growth of orbital debris. Given that the entire mission lifetime of upper stages and their components is quite short, and spent upper stages pose a significant risk of debris propagation the longer they are in orbit, it may be appropriate to have a shorter disposal timeline of 5 years or another time period less than 25 years.

In 2020, NOAA (National Oceanic and Atmospheric Administration) updated its commercial remote sensing regulations, removing specific license conditions regarding orbital debris and spacecraft disposal to avoid duplicative regulation. The agency instead elected to defer to the Federal Communications Commission (FCC) license requirements for debris mitigation, streamlining the approval process for licensees.

The Federal Communications Commission (FCC) 5-year rule, adopted in September 2022, requires operators of Low Earth Orbit (LEO) satellites to deorbit their spacecraft within five years of mission completion. This regulation aims to curb space debris and applies to U.S.-licensed satellites launched after September 29, 2024, which remains deferred to by NOAA.

While the main goal is to harmonize regulations for industry to follow, the FAA rule filled in a gap, where it specifically addressed rocket bodies, upper stages, and components from launch/reentry. Companies cited concerns about the cost and about the FAA's authority to implement the rule.

It is clear that there has been practice amongst agencies to regulate space debris within the scope of their pre-existing authority (i.e. FAA - launch/re-entry, FCC- communications satellites, and NOAA- remote sensing). However, it is our organization's position that Congress needs to clarify this authority and to designate that regulations be harmonized.

On the other hand, we oppose this rule being withdrawn.

The FAA issued Safety Alert for Operators (SAFO) 26001 in early January 2026. This alert warns airline pilots of the “potential extreme safety risk” posed by falling space debris.

There are also significant concerns for the orbital environment. Approximately 11% of debris includes spent upper stages and mission-related objects such as launch adapters and lens covers.

We urge the FAA and the U.S. government to follow, at a minimum, the international guidelines set out in the IADC Guidelines, in addition to the U.S. ODMSP Guidelines. Alternatively, agencies should seek to either defer to the 5-year rule or establish new rules that include both time and metrics, within the scope of Congressional authorizing statutes. While we believe in fostering innovation and U.S. leadership in space, it is also important to establish reasonable safety standards that address the growing space debris crisis.