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of launch constraints; and the lack of Commercial Space Transportation regulations, AST regulations refer to any
common launch documents. In its final Department person aboard a commercial space vehi-
report, the NTSB issued 17 safety recom- The space industry has historically been cle who is not a crewmember as a “space
mendations to the Department of Trans- led by the government and military, flight participant” and not a “passenger.”
portation, NASA, and Orbital Sciences. so the commercial sector is relatively In addition, these space flight partici-
In 2014, the NTSB investigated the young, especially when compared to pants are required to acknowledge the
accident of the SpaceShipTwo reusa- the aviation industry. The U.S. commer- risks by signing an “informed consent”
ble suborbital spaceplane that broke cial space industry officially launched that identifies the risks or probable loss
up during a rocket-powered test flight, in 1984 when the Commercial Space during each phase of launch/reentry and
killing the copilot. The NTSB identified Launch Act (Space Act) was signed into the safety record of the launch/reentry
safety issues regarding the lack of human law. The Space Act created the Office of vehicle type (describing the launch/reen-
factors guidance for commercial space Commercial Space Transportation (AST) try failures, if any). The launch/reentry
operators, the efficacy and timing of the in the Department of Transportation, operator must also purchase a specific
preapplication consultation process, lim- and in 1995, AST was moved within amount of liability insurance, deter-
ited interactions during the experimen- the FAA. The mission of the FAA AST is mined by AST for each launch, to cover
tal permit evaluation process, deficien- to ensure protection of the public and any third-party loss (injury, death, prop-
cies in the evaluation of hazard analyses, property; protect national security and erty damage, etc.), which can be up to
and the need to improve the lessons foreign policy interests of the United $500,000,000. Since this liability amount
learned database. The NTSB issued a States; and to encourage, facilitate, might be insufficient for an exceedingly
total of 10 recommendations to the FAA’s and promote U.S. commercial space “bad day,” the Space Act also requires
Office of Commercial Space Transpor- transportation. As part of its oversight the federal government to indemnify
tation and the Commercial Spaceflight responsibilities, the FAA AST issues launch/reentry companies for claims
Federation. licenses and experimental permits for that exceed their required insurance
In addition to these NTSB-led investi- commercial launches and reentries of coverage, which could be up to $3 billion
gations, NTSB investigators have assist- orbital and suborbital rockets. However, (in 2016 dollars).
ed in multiple spacecraft accident inves- unlike the FAA’s aviation regulatory goal
tigations. Throughout the seven-month of providing the safest system in the NTSB Relationship with Commercial
Columbia space shuttle investigation in world, the U.S. Congress has charged the Space
2003, more than 40 NTSB investigators AST to primarily focus on protection of NTSB involvement with the commercial
assisted both the Columbia Accident the public—and not “mission assured- space industry is similar to the aviation
Investigation Board and NASA with bal- ness.” industry. The NTSB investigates any
listic analysis, debris recovery, wreckage This is not to say that the U.S. Congress launch/reentry accidents and certain
examination, and vehicle reconstruction. does not want a safe commercial space incidents, and that authority is derived
Several NTSB investigators also assisted industry. The Space Act, which was most from the NTSB’s general authority
NASA in 2004 with the investigation of recently amended in 2015, states that the under 49 Code of Federal Regulations
the Genesis sample-return capsule that FAA AST should “encourage, facilitate, (CFR) 1131(a)(1)(F), which states that
crashed into the Utah desert. NTSB and promote the continuous improve- the NTSB shall investigate “any other
investigators documented the accident ment of the safety of launch vehicles accident related to the transportation
scene, organized the wreckage recov- designed to carry humans.” However, of individuals or property when [the
ery, and examined the vehicle’s wiring Congress also does not want to discour- accident is] catastrophic.” Although this
harness for evidence of micrometeorite age industry development since human statement is not as clear as 49 CFR 1131
impact damage. space flight is still inherently risky. So (a)(1)(A), which states that the NTSB
More recently, NTSB investigators the Space Act includes a provision for a shall investigate all “aircraft accidents,”
have observed or taken part in several “learning period,” which limits any regu- the NTSB’s interpretation of this statute
operator-led mishap investigations, in- lation “restricting or prohibiting design is reasonable and is accepted by the
cluding the October 2014 Orbital Science features or operating practices” unless commercial space industry.
(ATK) Antares engine failure shortly resulting from an accident that caused a The process to clearly specify the
after liftoff; the June 2015 launch failure serious injury or fatality to a person on NTSB’s authority to investigate commer-
of the SpaceX CRS-7 mission; the Sep- board, or from a serious incident that cial space accidents has begun; however,
tember 2016 pad explosion of the SpaceX almost caused a serious injury or fatality. statutory changes are seldom fast. In
Falcon 9 with the Amos-6 communica- This learning period, also known as the addition to the NTSB statutory authority,
tions satellite; and the April 2019 SpaceX human space flight regulation morato- the NTSB also entered into a memoran-
Dragon explosion that occurred during rium, is currently in effect until October dum of agreement (MOA) with the FAA
a ground test. This “on-the-job training” 2023. in 2000 to ensure both agencies under-
has provided NTSB investigators with This is quite different from aviation stand when the NTSB would initiate an
significant and critical experience in the regulations that have developed over investigation of a nonmanned commer-
commercial space industry, which has the years to cover almost all aspects cial launch accident. The MOA defines
helped the OAS to prepare to lead the in- of an aircraft design and operational an accident that the NTSB would inves-
vestigations of future commercial space rules to ensure and improve the safety tigate as a mishap when any portion of
accidents and incidents. of passengers and crew. Unlike aviation a commercial space vehicle or payload
January-March 2021 ISASI Forum • 5