9.5 Tracking Considerations.
Ensuring an operator can track a payload following launch enables space situational awareness (SSA) and provides safety for other space operations. The FAA’s interagency partners have expressed concerns whether payloads can be tracked.
Payloads in low earth orbit that are 10 centimeters and larger in diameter can be tracked using the Space Surveillance Network (SSN). Payloads that contain radar retroreflectors or other appendages facilitate tracking.
9.6 Encryption.
Information on the encryption used for both spacecraft and associated supporting systems will enable U.S.G. stakeholders to assess potential cyber risks. In accordance with § 450.43(i)(1)(x), applicants must provide the type of space encryption or authentication procedures (or lack thereof) used to protect the spacecraft, subsystems, and mission data during the entire mission lifetime, including safeguarding command control and telemetry links, to inform the payload review. Applicants should describe any encryption associated with data storage on the payload and transmissions to or from the payload. Encryption helps ensure against cyber intrusion, loss of spacecraft control, and potential debris causing events. Many operators already use the 256-bit Advanced Encryption Standard (AES–256)5 developed by the National Institute of Standards and Technology (NIST) or NIST Federal Information Processing Standard FIPS 140-2 and 140-36 to protect commercial telemetry, tracking, and control data links and mission data transmission or storage. In this case, an operator would only need to state that it uses AES–256. NASA and the DOD frequently request this information during the consultation process in reviewing payloads to determine whether a proposed payload would jeopardize the safety of government employees or property in outer space, or U.S. national security.
9.7 Issues Impeding Approval, Denial of a Payload Determination.
9.7.1 In accordance with § 450.43(f), the FAA will advise an applicant, in writing, of any issues raised during a payload review that would impede issuance of a favorable payload determination. The applicant may respond to the FAA, in writing, or amend its license application as required by § 413.17.
9.7.2 In accordance with § 450.43(g), the FAA notifies an applicant, in writing, if it has denied a favorable payload determination. The notification should state the reasons for the FAA’s determination. The applicant may seek further review of the determination in accordance with § 413.21.
5 https://www.nist.gov/publications/advanced-encryption-standard-aes.
6 https://csrc.nist.gov/projects/cryptographic-module-validation-program/validated-modules/search.
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