Page 6 - Forum-2021-JanToMarch

impacts outside the impact limit lines; a rather than just accidents and incidents. vehicle and/or range is grounded until at
fatality or serious injury to a person not The NTSB will likely issue its own defi- least the initial causes are determined.
associated with the launch activities; or nitions along these lines in the next few Therefore, the OAS’s investigative pro-
damage greater than $25,000 to property years. cess will likely have to be accelerated,
not associated with the launch activities. As indicated by these definitions, although even targeting 8–12 months
This agreement was initiated during a it is clear that it takes a more serious for a final report may be too long. To ad-
time when human space flight and com- mishap to constitute a commercial space dress this issue, NTSB staff is evaluating
mercial reentry operations were not an- accident; an event involving an aircraft the possibility of modified procedures to
ticipated for many years; thus, although is classified as an accident if there is sub- release preliminary analytical findings
the MOA is still in effect, it is out of date stantial damage to the aircraft of serious (prior to the final report) to allow the
and does not address those operations. injury to a person. Loss of the space resumption of launches or reentries.
Work on updating this outdated MOA vehicle alone does not automatically Probably the most significant differ-
is ongoing. In addition to this MOA, the necessitate an NTSB investigation. How- ence between an aviation and space
NTSB has an MOA with the FAA and the ever, now that the industry is moving investigation will be in the transparency
U.S. Air Force that defines the relation- toward human spaceflight, should a mis- of the investigation. Normally, the NTSB
ship between all three agencies during hap occur, the NTSB would investigate it releases factual data through press con-
space investigations and describes the if there is a fatality or serious injury. ferences (while on scene), press releases
participation and information exchange As previously discussed, the NTSB has (post on scene), and then via the pub-
procedures. been engaged with the space industry lic docket, which contains all relevant
Although NTSB regulations do not for the last 25 years through our com- factual information NTSB investigators
contain specific definitions related to mercial space program within the OAS. collected during the investigation. The
commercial space mishaps, 14 CFR 401.5 The program has matured along with NTSB even has the authority to release
contains definitions for commercial the industry to ensure that the NTSB is confidential commercial information
space launch and reentry accidents or prepared to investigate any future space (proprietary data)—which is normally
incidents that assist the OAS in deter- vehicle accident or incident. The goals of protected—to support the conclusions,
mining whether to initiate an investi- the NTSB’s commercial space program safety recommendations, or the probable
gation. A launch accident is when there are to develop the specialized investiga- cause of an accident.
is a fatality or serious injury to a space tive processes and procedures necessary However, the space industry has
flight participant or crewmember; a to investigate this emergent mode of regulations (export control policies) in
fatality or serious injury to any person transportation, build critical relation- place to safeguard critical defense-re-
who is not associated with the flight; ships with industry stakeholders, and lated technologies in order to protect
impact of launch vehicle, its payload, ensure that NTSB investigators have the U.S. national security and foreign policy
or any component outside the impact specialized knowledge necessary to lead objectives: the International Traffic in
limit lines (for expendable) or outside a commercial space investigations. Arms Regulations (ITAR) and the Export
designated landing site (for reusable); or Administration Regulations (EAR). The
damage to third-party property greater NTSB is not exempt from these regula-
than $25,000. A reentry accident occurs Aviation and Commercial Space tions and cannot release data that is sub-
when the reentry vehicle, its payload, or Industries Differ ject to ITAR or EAR, even if it is directly
any component impacts outside a des- Although there are some similarities related to the probable cause. Thus these
ignated reentry site; a fatality or serious with aviation, there are distinct and regulations would impact the NTSB’s
injury to a space flight participant or unique aspects of commercial space ability to release information on space
crewmember or a person not associated investigations that necessitate they be accidents.
with the reentry; or damage to third-par- investigated as its own distinct mode As a result, the OAS has developed an
ty property greater than $25,000. of transportation. As with all modes of internal procedure to work with the U.S.
In addition, for those mishaps that do transportation, the NTSB will use the Department of State and Department
not rise to the level of an accident, the party system to investigate commercial of Commerce to review all factual data/
regulation also contains definitions for space accidents/incidents. The overall reports and the final report before public
launch and reentry incidents to better structure will be similar to major avia- release. This extensive review process
define what mishaps the NTSB would tion investigations but will likely have will inevitably delay the release of factual
likely investigate. A launch/reentry fewer parties to the investigation since information until the end of the inves-
incident is an unplanned event during most of the rocket and vehicle compo- tigation rather than being released as
the launch or reentry that would involve nents will be produced by the launch soon as possible (typically about six
a malfunction of a flight safety system or operator. In addition, the OAS’s goal for months into the investigation for major
safety-critical system or a failure of the completion of major aviation accident investigations). The ITAR/EAR review
license’s or permittee’s safety organiza- reports is to issue a final report within will also likely result in extensive redac-
tion, design, or operations. The FAA AST 12–18 months, which is acceptable in the tions to the factual reports contained
has recently proposed to modify these aviation industry since normal opera- in the public docket. Even more signif-
definitions to more closely align with tions generally continue throughout that icantly, on a highly technical accident,
those used by the military and NASA by timeframe. However, for every launch or portions of the final report may also have
having four “classes” of mishap events reentry accident to a space vehicle, the to be redacted, and, in extreme cases,

6 • January-March 2021 ISASI Forum