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Federal Aviation Administration. Office of Commercial Space Transportation FAA Orbital Human Space Flight – Statutory and Regulatory Background. Randy Repcheck Deputy, Regulations and Analysis Division May 26, 2011. Outline. Overview of AST Statutory Authority Regulations

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Presentation Transcript
slide1

Federal Aviation

Administration

Office of Commercial Space Transportation

FAA Orbital Human Space Flight – Statutory and Regulatory Background

Randy Repcheck

Deputy, Regulations and Analysis Division

May 26, 2011

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

1

background
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).

3

mission
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.

4

organization of ast
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)

5

organization of ast7

Strategic Planning Office

AST-3

Office of the Chief Engineer

AST-4

External Relations Office

AST-5

Organization of AST

Associate Administrator

AST-1

Deputy Associate

Administrator

AST-2

Space Transportation

Development

Division

AST-100

Licensing &

Evaluation

Division

AST-200

Regulations &

Analysis

Division

AST-300

Safety Inspection

Division

AST-400

6

commercial space transportation
Commercial Space Transportation

Air launch

Sea launch

Sounding rockets

Ground launch

7

commercial space transportation9
Commercial Space Transportation

Manned reusable launch vehicles

Reentry

vehicles

Amateur rockets

Reusable suborbital rockets

8

u s spaceports commercial and government active and proposed launch sites
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

Key

U.S. Federal Launch Site

Non-Federal FAA-Licensed

Launch Site

Proposed Non-Federal Launch Site

Sole Site Operator

(FAA license or permit)

Wallops Flight

Facility

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

Other spaceports have been proposed by: Alabama, Washington,

Hawaii, Wisconsin, Wyoming, Indiana and multiple locations in Texas.

Reagan Test Site

Kwajalein Atoll, Marshall Islands

FAA/AST: January 2011

9

launch sites
Launch Sites

ELV

Spaceport America

Oklahoma Spaceport

Spaceport Florida

Mid-Atlantic

Regional Spaceport

Mojave Air and

Space Port

Cecil Field

Spaceport

Kodiak Launch Complex

California Spaceport

10

slide14

Statute

Regulations

Guidance Documents

13

general
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.

14

general16
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.

15

licensing
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.

16

slide18

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.

17

safety approvals
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.

18

human spaceflight crew
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.

19

human spaceflight space flight participants
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.

20

human spaceflight
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.

21

financial responsibility insurance
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
financial responsibility cross waivers
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.
financial responsibility indemnification
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.
slide27

Statute

Regulations

Guidance Documents

26

current faa space transportation regulations
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
  • Part 440 - Financial Responsibility
  • Part 460 - Human Space Flight Requirements for Crew and Space Flight Participants

27

types of requirements prescriptive
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.

28

types of requirements performance based
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.

29

types of requirements process based
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.

30

types of requirements process based32
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.

31

types of requirements process based33
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.

32

slide34

Statute

Regulations

Guidance Documents

33

guidance documents
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

34