XS-1_Proposers'_Day_Commercial_License_Murray.pdf

Federal Aviation Administration

FAA Office of

Commercial Space

Transportation

DARPA Experimental

Spaceplane (XS-1)

Proposers’ Day

Michelle Murray

Operations Integration

Deputy Division Manager

November 6, 2013

1 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

FAA’s Statutory Mission

To ensure protection of the public, property, and the national security and foreign policy interests of the United States during a commercial launch or reentry activity

To encourage, facilitate, and promote U.S. commercial space transportation

Title 51 U.S. Code Subtitle V, Chapter 509

Commercial Space Launch Act

2 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

History

• The U.S. space program today has 3 sectors:

– Civil (NASA, NOAA, etc..)

– Military (DOD)

– Commercial (FAA Licensed)

• The commercial sector was created 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, which was originally a staff office within the Department of Transportation.

• Today, we are one of four lines of business within the

FAA.

3 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

AST Organizational Chart

Associate Administrator

AST-1

Dr. George C. Nield

AST-400

Safety Inspection

Division

Mark Wright

Al Wassel

AST-200

Licensing and

Evaluation

Ken Wong

AST-100

Space Transportation

Development

Daniel Murray

AST-500

Operations Integration

Division

Glenn Rizner

Michelle Murray

Pam Underwood

AST-300

Regulations &

Analysis Division

Stewart Jackson

Randy Repcheck

Chief Engineer

AST-4

Michael Kelly

Chief of Staff

AST-3

Charles Leader

Deputy Associate

Administrator

AST-2

George Zamka

Director of

Space Integration

Mike Romanowski

4 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Current Regulatory

Environment

AST regulates the U.S. commercial space transportation industry only to the extent necessary to protect the public and U.S.

interests

History of Safety Since 1984: 218 licensed launches, 31 permitted launches, and 4 licensed orbital reentries without any fatalities or property damage to the public

5 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

AST Statutory Mission

Reentry

Air Launch

Human Space Flight

Launch & Reentry Sites

Sea Launch

Ground Launch

6 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Who must obtain a License?

• Who must obtain a License?

– U.S. Companies or Citizens

• Launching inside US

• Launching outside US

– Foreign Companies

• Launching inside US

– U.S. Commercial Launch or Reentry Sites

• Exemptions

– Operations by and for the Government are exempt from licensing requirements

– Amateur rocketry activities are not required to obtain a license or permit (unmanned, total impulse < 200,000 pound-seconds, < 150km)

7 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Government vs. Commercial Launch

Government Commercial

Terminology Government Launch Commercial Launch

Safety

Requirements

DOD/NASA Range

Requirements

14 CFR 400*

Determination Government vs Commercial Launch Determination -

By and for the Government “The government is so substantially involved that they are effectively controlling and directing the launch.” DOJ Ruling on

CRRES Mission.

*Being licensed under part 400 does not preclude a government customer from imposing additional mission assurance requirements that go beyond FAA’s public safety requirements.

8 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Is a Spaceplane a rocket or an airplane?

• The Commercial Space Launch Act defines the line between a rocket powered airplane and a rocket:

– Suborbital rocket means a vehicle, rocket propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.

• Hybrid launch systems incorporate components of both space and aviation to optimize launch performance

– FAA/AST regulates flights with intent to launch or reenter under a license or permit.

– FAA/AVS (Aviation Safety) regulates non-launch flights under an airworthiness certificate.

9 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Hybrid Launch Systems

10 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

One FAA Team for Hybrid Launch Systems

• FAA is working as one team to make the transition as seamless as possible between aircraft and launch regimes

– If the ultimate purpose of the vehicle is to operate in whole or as part of a launch or reentry system, the applicant will be directed to AST for pre-application consultation

– AST will coordinate with AVS on any airworthiness, operations and maintenance requirements necessary for any non-launch related operations

11 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Government vs. Commercial for Aircraft

Government Commercial

Terminology Public Aircraft Operations Civil Aircraft Operations

Requirements NASA or DOD

Airworthiness Processes

14 CFR Parts 1-399

Determination Public vs Civil Aircraft Operations Determination

1. Title 49 U.S.C. §§ 40102(a)(41) and 40125.

2. Title 10 Armed Forces

3. FAA Government Aircraft Operations Advisory

Circular (AC 00-1.1 1995, Proposed Revision 2012) http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC 00-1.1.pdf http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC 00-1.1.pdf http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC 00-1.1.pdf http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC 00-1.1.pdf http://www.regulations.gov/ http://www.regulations.gov/ http://www.regulations.gov/

12 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Recent FAA Licensed Missions

• NASA Commercial Cargo Resupply Missions to ISS

• FAA regulates public safety

• NASA requirements for mission assurance.

13 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Benefits of Licensing

• Public Safety Protection

– Licensing ensures that health and safety risks to the public are mitigated to acceptable levels

– For government sponsored program, allows the government customer to focus on mission objectives and mission assurance requirements

• Indemnification

– Liability risk sharing by the U.S. Government for licensed launches

• One-Stop Interagency Policy Review

– Policy Review coordinates with DoD, DOS, DOC, EPA, NASA and other Government Agencies

• Schedule Certainty

– Maximum of 180 days for license review (120 days for a permit)

14 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Benefits of Licensing (continued)

• Operationally Responsive

– AST Field Office locations are strategically located near the

Eastern and Western Ranges, KSC, JSC, Wallops Flight Facility, Edwards/Mojave, and coming soon to Spaceport America/WSMR

• Allows for Innovation

– Process and Performance Based Regulations allow for a variety of vehicle concepts and analytical approaches

• Experimental Permit

– Developmental authorization designed for the unique needs of an

R&D program

• More Flexibility for Mature Operations

– Operation vs Mission Specific Licenses allow multiple launches under a single license

15 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

FAA RLV Flight Authorizations

• RLV Mission License

– Mission specific

• Authorizes a licensee to launch and reenter one model from one site (may authorize more than one RLV mission, but identifies each flight)

– Operator license

• Authorizes a licensee to launch and reenter any of a designated family of RLVs within authorized parameters, including launch sites and trajectories, transporting specified classes of payloads to any reentry site or other location designated in the license

• Experimental Permit

– A permit provides an alternative to licensing for suborbital rockets

– A permit authorizes an unlimited number of launches

– Issued for the purposes of R&D, showing compliance with requirements to obtain a license, or crew training.

16 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Key Differences Between an RLV License and an Experimental Permit

Reusable Launch Vehicle

Mission License

Experimental Permit

Regulations 14 CFR 431 (AST) 14 CFR 437 (AST)

Review Period 180 days or less 120 days or less

Purpose No Restrictions Limited to R&D, Crew Training, and collecting data for license

Human Spaceflight Allowed Allowed

Performance Orbital or Suborbital Suborbital Only

Compensation Allowed Prohibited

Indemnification Eligible (MPL required) Not Eligible (MPL required)

Safety Review More Requirements Less Requirements

Environmental

Review

NEPA Compliance Required NEPA Compliance Required

17 Federal Aviation

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<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Pre-Application Consultation

• Information exchanges between AST and a potential applicant that occur prior to AST’ s acceptance of an application

• Pre-application consultation allows a prospective applicant to

– Familiarize the FAA with its proposal

– Become familiar with the application process and type of information required

– Discuss issues and identify unique aspects of the proposal and develop a schedule for submitting an application

• We want to work with applicants early on the long lead items:

– Flight Safety Analysis

– System Safety Analysis

– Environmental

– Air Traffic Agreements

18 Federal Aviation

<Presentation Title – Change on Master Slide>

<Date of Presentation – Change on Master Slide> Office of Commercial Space Transportation Federal Aviation

Administration

Application License/Permit

Determination

Policy

Review

Financial

Responsibility

Determination

Pre-application

Consultation

Safety

Payload

Environmental

Determination License: 180 day process

Permit: 120 day process

Licensing / Permitting Process Flow AST Reviews, Approvals, and Determinations

Office of Commercial Space Transportation

RLV Licensing Workshop

Federal Aviation Administration 19 Office of Commercial Space Transportation Federal Aviation Administration

Launch Licensing and Permitting Policy Review

• To determine whether a proposed launch would jeopardize:

• U.S. National Security

• International Obligations

• Foreign policy interests

• Interagency review of launch proposal

• Department of Defense

• Department of State

• NASA

• Other

Federal Aviation Administration 20 Office of Commercial Space Transportation Federal Aviation Administration

• Determine if a license applicant or payload owner or operator has obtained all required licenses, authorizations, and permits, unless the payload is exempt from review.

• Ensure payload does not jeopardize:

• Public health and safety

• Safety of property

• U.S. National Security

• Foreign policy interests

• International obligations

• Does not apply to payloads under the jurisdiction of any other government agency (e.g. FCC, NOAA, NASA, etc.)

• A payload owner or operator can request a payload review in advance of or apart from a license application.

Launch Licensing and Permitting

Payload Review

Federal Aviation Administration 21 Office of Commercial Space Transportation Federal Aviation Administration

Launch Licensing and Permitting

Financial Responsibility

• FAA determines Maximum Probable Loss (MPL) typically satisfied through liability insurance

• Required coverage for 3rd party liability and loss of government property and reciprocal waivers of claims

• For 3rd party liability, MPL is based on 1 in 10,000,000 chance of exceeding amount ($500M maximum)

• For government property liability, MPL is based on 1 in 100,000 chance of exceeding amount ($100M maximum)

• Licensees are eligible for indemnification under 51 U.S.C. § 50915 (Permittees are not)

Federal Aviation Administration 22 Office of Commercial Space Transportation Federal Aviation Administration

Launch Licensing and Permitting

Environmental Review

• Issuing licenses to operate launch vehicles is considered a major Federal action with the potential to significantly impact the quality of the human environment

• All major Federal actions are subject to NEPA

• FAA has developed several Programmatic NEPA documents to support a wide-array of licensed and permitted activities

• Additional NEPA documents have been developed to support licensed and permitted activities at each of the FAA-licensed spaceports

• Applicants should consult with FAA to determine if proposed activities are bound by the existing analysis

Federal Aviation Administration 23 Office of Commercial Space Transportation Federal Aviation Administration

Launch Licensing and Permitting Safety Review – Expendable Launch Vehicles

• The safety regulations governing launches from both Federal and non-Federal launch sites were developed with Air Force and

NASA to establish common safety standards.

• Safety requirements include:

• Flight Safety Analysis

• Flight Safety System

• Ground Safety

• Range Operations

• Safety Organization

• Flight Readiness Procedures

• Safety At End of Launch

• Mishap Response and Investigation

Federal Aviation Administration 24 Office of Commercial Space Transportation Federal Aviation Administration

Launch Licensing and Permitting

Safety Review – Reusable Launch Vehicles

• The RLV regulations have many of the same elements, however there is fundamental difference between Expendable Launch

Vehicles (ELVs) and Reusable Launch Vehicles (RLVs) regulations:

• ELVs typically are launched over unpopulated ocean areas and rely upon a flight termination system that assures safe flight by destroying a vehicle travelling beyond preapproved boundaries.

• In contrast, RLVs are designed for recovery and reuse such that launch safety, for the most part, may be assured through non-destructive means of terminating flight (e.g., land at an abort site).

Federal Aviation Administration 25 Office of Commercial Space Transportation Federal Aviation Administration

• A three-pronged approach addresses public safety, intended to allow for innovative technical solutions:

RLV PUBLIC SAFETY

RESULT IN

3 INTERDEPENDENT PRONGS

AND

Quantitative

Risk

Analysis

System

Safety

Process

Operating

Restrictions

Launch Licensing and Permitting Safety Review – Reusable Launch Vehicles

Federal Aviation Administration 26 Office of Commercial Space Transportation Federal Aviation Administration

Experimental Permit Basics

• Designed for research & development

• The FAA will work with the applicant to identify allowable design changes

• Duration - one year renewable term

• A permit authorizes

• Hazardous pre-flight operations

• Flight

• Post-flight vehicle safing

• To obtain a permit, an applicant will have to submit:

1. Program description

2. Flight test plan

3. Operational safety documentation

Federal Aviation Administration 27 Office of Commercial Space Transportation Federal Aviation Administration

Experimental Permit Operational Safety Documentation

• Preflight and Post-flight Safety Clear Zones

• Hazard analysis

• Operating area containment

• Key flight-safety event containment

• Landing and impact locations

• Agreements

• Tracking

• Flight rules

• Mishap response plans

Federal Aviation Administration 28 Office of Commercial Space Transportation Federal Aviation Administration

For More Information

Web Site http://ast.faa.gov

Michelle Murray

Michelle.Murray@faa.gov

Operations Integrations Division, AST-500

The FAA Office of Commercial Space Transportation:

Prepared to Regulate and Facilitate a Safe Commercial Space Industry http://ast.faa.gov/ mailto:Michelle.Murray@faa.gov