Office of Commercial Space Transportation

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Office of Commercial Space Transportation FAA
Orbital Human Space Flight Statutory and
Regulatory Background
Randy Repcheck Deputy, Regulations and Analysis
Division May 26, 2011
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Outline

• Overview of AST
• Statutory Authority
• Regulations
• Guidance Documents

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Overview of AST
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Background

• The U.S. space program today has 3 sectors
• Civil
• Military
• Commercial
• The commercial space transportation sector was
  recognized in 1984 with the passage of the
  Commercial Space Launch Act.
• Regulatory oversight for the commercial sector
  was given to the Office of Commercial Space
  Transportation (AST), currently part of the
  Federal Aviation Administration (FAA).

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Mission

• To ensure the protection of the public,
  property, and the national security and foreign
  policy interests of the United States during
  commercial launch and reentry activities, and to
  encourage, facilitate, and promote U.S.
  commercial space transportation.

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Organization of AST

• AST is one of four lines of business within the
  Federal Aviation Administration.
• The other three are
• Aviation Safety (AVS)
• Airports (ARP)
• Air Traffic (ATO)

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Organization of AST
Associate Administrator AST-1
Deputy Associate Administrator AST-2
Safety Inspection Division AST-400
Licensing Evaluation Division AST-200
Space Transportation Development
Division AST-100
Regulations Analysis Division AST-300
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Commercial Space Transportation
Air launch
Sea launch
Sounding rockets
Ground launch
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Commercial Space Transportation
Manned reusable launch vehicles
Reentry vehicles
Amateur rockets
Reusable suborbital rockets
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U.S. SpaceportsCommercial and Government Active
and Proposed Launch Sites
Poker Flat


Kodiak Launch Complex
Mid-Atlantic Regional Spaceport
California Spaceport


Mojave Air and Space Port
Wallops Flight Facility
Key U.S. Federal Launch Site Non-Federal
FAA-Licensed Launch Site Proposed Non-Federal
Launch Site Sole Site Operator (FAA
license or permit)
Oklahoma Spaceport



Spaceport America


Edwards AFB


Vandenberg AFB
Cecil Field Spaceport



White Sands Missile Range

• Kennedy Space
• Center
• Cape Canaveral
• Air Force Station

Blue Origin Launch site
Spaceport Florida
Sea Launch Platform Equatorial Pacific Ocean
Reagan Test Site Kwajalein Atoll, Marshall Islands
Other spaceports have been proposed by Alabama,
Washington, Hawaii, Wisconsin, Wyoming, Indiana
and multiple locations in Texas.
FAA/AST January 2011
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Launch Sites
ELV
Spaceport America
Oklahoma Spaceport
Spaceport Florida
Mid-Atlantic Regional Spaceport
Mojave Air and Space Port
Cecil Field Spaceport
California Spaceport
Kodiak Launch Complex
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Why We Are Here Today Commercial Orbital Human
Spaceflight
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Statutory Authority - Commercial Space Launch Act
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Statute
Regulations
Guidance Documents
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General

• FAA authority from Commercial Space Launch Act,
  51 U.S.C. Ch. 509, 50901-23 (2011).
• The FAA regulates
• Commercial launches and reentries, and
• The operation of launch and reentry sites
• as carried out by U.S. citizens or within the
  United States.
• FAA authorizes these activities consistent with
  public health and safety, safety of property, and
  the national security and foreign policy
  interests of the United States.

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General

• The FAA is also to Encourage, Facilitate, and
  Promote
• Commercial space launches by the private sector,
  and
• The continuous improvement of the safety of
  launch vehicles designed to carry humans.
• FAA does not regulate
• Space activities the Government carries out for
  the Government.
• Activities regulated by FCC or NOAA.

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Licensing

• FAA must make a license determination within 180
  days after accepting an application.
• Consistent with the public health and safety,
  safety of property, and national security and
  foreign policy interests of the United States.
• FAA is to issue a license if it decides that the
  applicant complies, and will continue to comply,
  with Chapter 509 and regulations.
• FAA may modify a license anytime, particularly if
  new regulation is issued.

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Experimental Permits

• Alternative to a license for reusable suborbital
  rockets flown for
• Research and development,
• Showing compliance with requirements for a
  license, and
• Crew training.
• Different and easier to obtain than a license.
• 120 day determination.
• Unlimited launches allowed.
• Flights for compensation or hire not allowed.
• Indemnification is not available.

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Safety Approvals

• The FAA may issue safety approvals for the
  following elements that may be used in conducting
  licensed or permitted launch or reentry
  activities
• Launch vehicles,
• Reentry vehicles,
• Safety systems,
• Processes,
• Services, or
• Personnel.
• A safety element with a safety approval does not
  require re-examination of its suitability for a
  license or permit.

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Human SpaceflightCrew

• A licensee or permittee may launch or reenter
  crew only if
• The crew has received training and has satisfied
  medical or other standards specified in the
  license or permit, and
• The holder of the license or permit has informed
  any individual serving as crew in writing that
  the U.S. Government has not certified the launch
  vehicle as safe for carrying crew or space flight
  participants.

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Human SpaceflightSpace Flight Participants

• A licensee or a permittee may launch or reenter a
  space flight participant only if
• The licensee or permittee has informed the space
  flight participant in writing -
• About the risks of the launch and reentry, and
• That the U.S. Government has not certified the
  launch vehicle as safe for carrying crew or space
  flight participants.
• The space flight participant has provided written
  informed consent to participate in the launch and
  reentry.
• The FAA may issue regulations setting medical and
  training requirements.

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Human Spaceflight

• The FAA may issue regulations governing the
  design or operation of a launch vehicle to
  protect the health and safety of crew and space
  flight participants.
• Applies only to launches for compensation or
  hire.
• Until December 2012, limited to restricting or
  prohibiting design features or operating
  practices that have -
• Resulted in a serious or fatal injury to crew or
  space flight participants during a licensed or
  permitted flight or
• Contributed to a close call (high risk of causing
  a serious or fatal injury).
• After December 2012, the FAA may propose
  regulations without restriction.
• Must take into consideration the evolving
  standards of safety in the commercial space
  flight industry.

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Financial ResponsibilityInsurance

• Licensees and Permittees must obtain liability
  insurance or demonstrate financial responsibility
  to compensate for the maximum probable loss (MPL)
  from claims by
• A third party for death, bodily injury, or
  property damage or loss and
• The U.S. Government for damage or loss to
  government property.
• Statutory ceilings
• Government property - 100M maximum
• Third party - 500M maximum

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Financial ResponsibilityCross-Waivers

• A licensee must sign reciprocal waivers of claims
  with its contractors, its customers, and the U.S.
  government.
• Each party waives and releases claims against the
  other parties to the waivers and agrees to assume
  financial responsibility for
• Property damage it sustains, and
• For bodily injury or property damage sustained by
  its own employees.
• Purpose is to reduce litigation expenses by
  requiring launch participants to assume
  responsibility for their own losses.
• Crew and space flight participants must execute
  reciprocal waivers of claims with the federal
  government.

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Financial ResponsibilityIndemnification

• The U.S. Government will indemnify a licensee
  for any claims above the insured amount.
• Up to 1.5B adjusted for inflation
• Approx. 2.7B
• Subject to Congressional appropriation.
• Space flight participants are not eligible for
  indemnification.

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Regulations
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Statute
Regulations
Guidance Documents
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Current FAA Space Transportation Regulations

• SUBCHAPTER A - GENERAL
• Part 400 - Basis and Scope
• Part 401 - Organization and Definitions
• SUBCHAPTER B - PROCEDURE
• Part 404 - Regulations and Licensing Requirements
  Waivers and Rulemaking
• Part 405 - Investigations and Enforcement
  Enforcement
• Part 406 - Investigations, Enforcement, and
  Administrative Review
• SUBCHAPTER C - LICENSING AND PERMITTING
• Part 413 - License Application Procedures
• Part 414 - Safety Approval
• Part 415 - Launch License
• Part 417 - Launch Safety
• Part 420 - License to Operate a Launch Site
• Part 431 - Launch and Reentry of a Reusable
  Launch Vehicle
• Part 433 - License to Operate a Reentry Site
• Part 435 - Reentry of a Reentry Vehicle Other
  Than a RLV
• Part 437 - Experimental Permits for Reusable
  Suborbital Rockets

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Types of RequirementsPrescriptive

• Example -  437.51   Rest rules for vehicle
  safety operations personnel.
• A permittee must ensure that all vehicle safety
  operations personnel adhere to the work and rest
  standards in this section during permitted
  activities.
• (a) No vehicle safety operations personnel may
  work more than
• (1) 12 consecutive hours,
• (2) 60 hours in the 7 days preceding a permitted
  activity, or
• (3) 14 consecutive work days.
• (b) All vehicle safety operations personnel must
  have at least 8 hours of rest after 12 hours of
  work.
• (c) All vehicle safety operations personnel must
  receive a minimum 48-hour rest period after 5
  consecutive days of 12-hour shifts.

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Types of RequirementsPerformance Based

• Example -  460.11   Environmental control and
  life support systems.
• (a) An operator must provide atmospheric
  conditions adequate to sustain life and
  consciousness for all inhabited areas within a
  vehicle. The operator or flight crew must monitor
  and control the following atmospheric conditions
  in the inhabited areas or demonstrate through the
  license or permit process that an alternate means
  provides an equivalent level of safety
• (1) Composition of the atmosphere, which includes
  oxygen and carbon dioxide, and any
  revitalization
• (2) Pressure, temperature and humidity
• (3) Contaminants that include particulates and
  any harmful or hazardous concentrations of gases,
  or vapors and
• (4) Ventilation and circulation.

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Types of RequirementsProcess Based

• Example -  437.55   Hazard analysis.
• (a) A permittee must identify and characterize
  each of the hazards and assess the risk to public
  health and safety and the safety of property
  resulting from each permitted flight. This hazard
  analysis must
• (1) Identify and describe hazards, including but
  not limited to each of those that result from
• (i) Component, subsystem, or system failures or
  faults
• (ii) Software errors
• (2) Determine the likelihood of occurrence and
  consequence for each hazard before risk
  elimination or mitigation.

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Types of RequirementsProcess Based

• Example -  437.55   Hazard analysis. (cont.)
• (3) Ensure that the likelihood and consequence of
  each hazard meet the following criteria through
  risk elimination and mitigation measures
• (i) The likelihood of any hazardous condition
  that may cause death or serious injury to the
  public must be extremely remote.
• (ii) The likelihood of any hazardous condition
  that may cause major property damage to the
  public, major safety-critical system damage or
  reduced capability, a significant reduction in
  safety margins, or a significant increase in crew
  workload must be remote.

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Types of RequirementsProcess Based

• Example -  437.55   Hazard analysis. (cont,)
• (4) Identify and describe the risk elimination
  and mitigation measures required to satisfy
  paragraph (a)(3) of this section. The measures
  must include one or more of the following
• (i) Designing for minimum risk,
• (ii) Incorporating safety devices,
• (5) Demonstrate that the risk elimination and
  mitigation measures achieve the risk levels of
  paragraph (a)(3)(i) of this section through
  validation and verification. Verification
  includes
• (i) Test data,
• (ii) Inspection results, or
• (iii) Analysis.

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Statute
Regulations
Guidance Documents
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Guidance Documents

• Example Advisory Circulars
• AC 437.55-1 Hazard Analysis for the Launch or
  Reentry of a Reusable Suborbital Rocket Under an
  Experimental Permit
• AC 437.73-1 Anomaly Reporting and Corrective
  Action for a Reusable Suborbital Rocket Operating
  Under an Experimental Permit
• Example Guides
• Guide to RLV Software and Computing System Safety
• Sample Experimental Permit Application for
  Vertical RLV

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Questions?
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