Federal Aviation Administration (FAA)
Activities in Hydrogen
I. Statutory Authority
Safety Regulation; General Requirements (49 USC Subtitle VII, Part A, Chapter 447 Section 44701(a)(5))
The Federal Aviation Administration has the statutory authority to regulate
hydrogen under its safety regulations. The Administrator is charged with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for practices and methods, and procedures
the Administrator finds necessary for safety in air commerce and national
security.
II. Current Regulatory Framework
Rockets and Launch Sites
FAA regulations directly impact the use of hydrogen in 14 CFR Part 420, License to Operate a Launch Site. This
part applies to any person seeking a license to operate a launch site or to a
person licensed to operate a launch site for rockets. The FAA included these
safety regulations to the keep public a safe distance from the storage and
handling of liquid hydrogen, used as rocket fuel (14 CFR 420.67, 420.69 and Part 420 Appendix E (not available via web)).
Airships
The FAA regulates the use of hydrogen in airships. 14 CFR 21.1(b) governs the airworthiness of airships. It
points an applicant seeking an airworthiness certificate for an airship to
various other aircraft certification provisions. The FAA also published an
advisory circular, AC 21.17-1A, which advises that hydrogen is not an
acceptable lifting gas for use in airships.
Balloon
The FAA regulates hydrogen, if it is used in a manned free balloon.
Airworthiness standards for manned free balloons appear in 14 CFR part 31, with mention of lighter than-air gas in 14 CFR 31.1(c)(1).
Aircraft
There is nothing in the FAA regulations that would explicitly prohibit the
use of new technologies utilizing hydrogen. However, many FAA regulations in
parts 21, 23, 25, 27, 29, 31, 33, 34 and 36 provide aircraft and aircraft part certification
requirements. To the extent an applicant were to seek approval of an aircraft
that utilizes hydrogen, as a fuel or in some other way, the applicant would
have to comply with the applicable aircraft certificate requirements, just
like any other applicant. Likewise, an operator of an aircraft with new
technologies using hydrogen would have to comply with operational
requirements in parts 91, 119, 121, 125,
or 135,
just like any other operator.
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