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the NTSB may be required to hold the to the unique aspects of the state conducting the launch (any broad/universal
final board meeting in a closed session the commercial space safety findings would be released by the launching state).
in order to discuss data that is ITAR-/ industry (as discussed in
EAR-restricted. For an agency that this paper). One of the In Conclusion
normally prides itself on openness and more significant differ- Given the domestic and international regulatory
transparency, these restrictions on the ences between space and environment, the national security laws, and the unique
release of data will be a challenge, and aviation is that launch technical structure of the industry, I do not believe
an appropriate public/media education operators are typically that—at this time—a formal “commercial space Annex
effort will be necessary to communicate the manufacturer and
why the restrictions are essential. operator of their vehicle, 13” is necessary. However, informal international
Any commercial space orbital launch unlike aviation where cooperation will be vital to ensuring that safety investi-
or reentry accident could become an there are separate man- gators are prepared to meet the technical and organiza-
“international” accident depending on ufacturers and separate tional challenges of investigating commercial space
the trajectory of the launch/reentry. operators around the vehicle accidents. The existing Annex 13 aviation
Space operations are governed by an world. accident investigation authorities and professional
international treaty entitled the “Treaty Accordingly, using organizations—such as ISASI—will serve as excellent
on Principles Governing the Activities Annex 13 terminology, resources in building these relationships. The collabora-
of States in the Exploration and Use of the state that author- tive efforts between state authorities will help the
Outer Space,” commonly referred to as ized the launch would investigative community refine the specific processes
the Outer Space Treaty. This treaty has be the state of registry, and procedures for investigating commercial space
driven much of the U.S. space regulation design, manufacture, accidents, discover or develop training opportunities,
structure. Although the treaty does not and operator, and the gain understanding of various regulatory structures, and
directly address accident investigation, state where the vehicle observe commercial space operations. At some point in
it does address the responsibilities of or components impact- the future, a more formal safety structure may be needed
each state in the event of a mishap. If ed would be the state as the commercial space industry grows and matures
a launch or reentry vehicle impacts in of occurrence Although (point-to-point service, etc.). However, until that time,
another state’s territory, that state has the state of occurrence the spirit of international cooperation, which has been
two responsibilities: render “all possible would have a considera- cultivated by Annex 13, will help ensure that the investi-
assistance” to any persons on board and ble need to understand gative community is prepared to assist this emerging
to “safely and promptly” return persons the facts, conditions, and mode of transportation to improve safety following any
and the vehicle or components. circumstances of the ac- commercial space mishap.
Article VII of the Outer Space Treaty cident, it would be nearly
declares that the state that authorized impossible for the state
the launch or reentry is “internationally of occurrence to conduct
liable” for damage caused by the vehicle a thorough investigation
or components to any persons or proper- of the mishap, since the
ty. This type of liability-focused language expertise resides entirely
likely stemmed from the fact that when with the launch opera- Joseph M. Sedor, chief of major investigations for the NTSB,
the treaty was originally developed in tor—especially since the delivers his technical presentation during ISASI 2019.
1967 all the space operations were one- operator would likely be
of-a-kind rockets operated by state gov- prohibited by law (due
ernments. The Outer Space Treaty does to export regulations) to
encourage international cooperation transfer information.
multiple times throughout the treaty; Likewise, the ITAR and
for example, Article X says that states EAR national security
should afford an opportunity to other regulations would also
states to observe launches and reentries. make it difficult for the
Cooperation, of course, is essential for state of occurrence to
conducting international investigations, send observers to a state
but a state’s specific rights and respon- of the operator-led inves-
sibilities also need to be defined for any tigation. Furthermore,
future international investigative treaty. if there are no distinct
ICAO Annex 13 has provided the basic operators of the accident
structure for international aviation launch or reentry vehicle
investigations for more than 50 years, de- in the state of occur-
tailing the cooperation necessary as well rence, there would be no
as a state’s rights and responsibilities safety reason for them to
during an investigation. However, the conduct an investigation
standards and recommended practices since any lessons learned
in Annex 13 are not directly applicable would likely only affect
January-March 2021 ISASI Forum • 7