Safety Recommendation A-15-019

We are aware that, on August 12, 2024, the FAA published Advisory Circular (AC) 460.15-1, “Human Factors Considerations in Commercial Human Space Flight.” The AC contains guidance for prospective applicants on obtaining commercial space authorizations and operating in compliance with commercial space safety regulations, including human factors considerations related to the design and layout of displays and controls, as specified in section 460.15.

We believe AC 460.15-1 satisfies the intent of Safety Recommendation A-15-19 and have voted to classify the recommendation CLOSED-- ACCEPTABLE ACTION.

-From Michael G. Whitaker, Administrator: As previously reported, the FAA continues to develop the new Advisory Circular (AC) addressing the acceptable means of compliance for the human factors requirement in 14 CFR § 460.15, Human Factors. We anticipate publication of the AC by September 30, 2024. Additionally, the FAA updated the guidance material, Recommended Practices for Human Spaceflight Occupant Safety, which was published in September 2023. This guidance now contains recommended practices relevant or pertaining to human factors and will also be added to the new AC (available at https://drs.faa.gov).

We note that you continue to develop guidance that will include an acceptable means of compliance with the human factors requirements in section 460.15, Human Factors. We also note that you continue to work with the American Society for Testing and Materials (ASTM) International’s Committee F47 on Commercial Spaceflight (F47), which is developing various standards that will consider the human systems in human spaceflight. Pending our review of the published guidance, Safety Recommendation A-15-19 remains classified OPEN-- ACCEPTABLE RESPONSE.

-From Polly Trottenberg, Acting Administrator: As part of the lessons learned from the 2014 accident, the FAA included these recommendations as part of the hazard analysis for piloted systems in 14 CFR 450.109(b)(1), Flight Hazard Analysis, and published guidance to industry in FAA Advisory Circular (AC) 450.109-1, Flight Hazard Analysis, dated August 5, 2021. Additionally, the FAA continues to develop guidance for industry to provide an acceptable means of compliance (AMOC) with the human factors requirements in 14 CFR 460.15, Human Factors.

Due to the FAA’s higher priority release of guidance material to accompany the 14 CFR Part 450 Streamlined Launch and Reentry Licensing Requirements Final Rule (85 FR79566) issued on December 10, 2020, the new anticipated timeframe for issuing the AMOC human factors guidance is by December 31, 2023.

Currently, the FAA has no applicants seeking a Part 437 experimental permit. Experimental permits are not actively being sought by the commercial space transportation (CST) industry because the permits do not allow for compensation or hire and are not eligible for government indemnification. Additionally, the new streamlined regulations in Part 450, Streamlined Launch and Reentry Licensing Requirements, are flexible enough to authorize the launch or reentry of experimental reusable suborbital rockets while also allowing applicants to go through a single authorization process as their program grows from testing to flight. For these reasons, the FAA does not intend to update Part 437.

The FAA is continuing its work with and support of the ASTM International’s Committee F47 on Commercial Spaceflight (F47). ASTM F47 has updated the technical subcommittees and has multiple subcommittees working on developing standards pertaining to aspects of human safety, including considerations for design, qualifications screening, training, ground operations and maintenance, occupant protection, and risk assessment, to ensure emphasis is placed on the human systems in human spaceflight.

It applies to owners, operators, manufacturers, technicians, contractors, and supply chain organizations involved in the development and maintenance of human-rated spaceflight vehicles, habitats, and related spaceflight activities. Additional information on F47 is available at the following website:

https://www.astm.org/get-involved/technical-committees/committee-f47

We note that you are still working with the Commercial Space Transportations Advisory Committee (COMSTAC) to identify appropriate methods for addressing hazards caused by human error. We also note that you anticipate publishing, in calendar year 2023, guidance that will include an acceptable means of compliance with the human factors requirements in section 460.15, Human Factors. In addition, we note that you are working with COMSTAC and the American Society for Testing and Materials (ASTM) to form a new commercial spaceflight committee that will develop voluntary consensus safety standards for the design, manufacturing, and operational use of vehicles used for spaceflight.

We believe the work you described, and your planned actions, are responsive to these recommendations. Pending completion of the human factors guidance for operators, Safety Recommendation A-15-19 remains classified OPEN--ACCEPTABLE RESPONSE.

-From Steve Dickson, Administrator: The Federal Aviation Administration (FAA) continues to address these recommendations in a coordinated effort through ongoing industry engagement, rulemaking activities, and support of voluntary consensus standards. We plan to propose updates to the experimental permit regulations in Title 14, (CFR) Part 437, focusing on requirements in § 437.55, Hazard Analysis. The FAA continues to work with the Commercial Space Transportation Advisory Committee (COMSTAC) to provide the FAA with industry’s views on appropriate methods to address hazards caused by human error.

The FAA continues to develop guidance for industry to provide an acceptable means of compliance with the human factors requirements in 14 CFR § 460.15, Human Factors. Due to the higher priority release of guidance material to accompany the 14 CFR Part 450 Streamlined Launch and Reentry Licensing Requirements Final Rule (85 FR 79566) on December 10, 2020, the anticipated timeframe for issuing this guidance is Calendar Year 2023.

In collaboration with COMSTAC, the American Society for Testing and Materials (ASTM) formed a new Commercial Spaceflight committee to develop human spaceflight safety standards. The areas to address include, but are not limited to, the design, manufacturing, and operational use of vehicles used for spaceflight. The FAA has been involved with the committee’s formation from the beginning and will continue to support industry efforts to develop voluntary consensus standards. Although the ASTM International Committee F47 on Commercial Spaceflight has not yet begun a standards effort on human factors, it is within the committee’s charter if the industry deems it necessary.

For more information on this committee, visit: https://www.astm.org/get-involved/technical-committees/committee-f47

We note that the FAA is developing guidance that will include an acceptable means of compliance with the human factors requirements in section 460.15, Human Factors. We also note that you continue to work on your rulemaking project to revise 14 CFR Part 437, “Experimental Permits,” with updates to the hazard analysis requirements in section 437.55, and other commercial space transportation regulations.

Pending completion of the human factors guidance for operators, Safety Recommendation A-15-19 remains classified OPEN-- ACCEPTABLE RESPONSE. Pending revisions to Part 437 that address the hazard analysis requirements in section 437.55, Safety Recommendation A-15-20 remains classified “Open—Acceptable Response.”

-From Steve Dickson, Administrator: As noted in our previous response, the Federal Aviation Administration (FAA) is actively addressing these recommendations through our ongoing industry engagement, rulemaking activities, and support of voluntary consensus standards.

From June 2017 to February 2018, the FAA actively engaged the commercial space industry to discuss challenges of the FAA’s current regulatory structure and to address potential near- and long-term changes to FAA regulations. Since February 2018, the FAA has been engaged in a high-priority rulemaking to combine and streamline launch and reentry licensing requirements, which have delayed the part 437 rulemaking and other efforts. On September 30, 2020, the Administrator signed the Streamlined Launch and Reentry Requirements (SLR2) Final Rule; publication in the Federal Register is pending.

The FAA still plans to propose updates to its experimental permit regulations, part 437, with particular focus on its hazard analysis requirements (§ 437.55, Hazard Analysis), as well as updating its other commercial space transportation regulations. To inform this effort, the FAA will work with the Commercial Space Transportation Advisory Committee (COMSTAC) to provide the FAA with industry’s views on appropriate methods to address hazards caused by human error. In addition, COMSTAC will provide the FAA with a proposed prioritization list to modernize the rest the commercial space regulations.

The FAA has completed its assessment of current part 460, Human Space Flight Requirements, and determined that no new rulemaking is needed at this time. However, the FAA is developing guidance for the industry that will provide an acceptable means of compliance with the human factors requirements in § 460.15, Human Factors. The FAA anticipates issuing this guidance by December 31, 2021.

In addition, the American Society for Testing and Materials (ASTM International) formed Committee F47 on Commercial Spaceflight in November 2016. The scope of this committee includes:

The development and maintenance of voluntary consensus standards and recommended practices for the commercial spaceflight industry. Areas to address in standards include, but are not limited to, design, manufacturing and operational use of vehicles used for spaceflight. The committee shall also develop human spaceflight safety standards.

The FAA has been an active committee partner from the beginning and will continue to support industry efforts to develop voluntary consensus standards. Although the ASTM International committee has not yet begun a standards effort on human factors, it is within the committee’s charter to do so if the industry deems it necessary. More information on the committee can be found at the following website:

We note that you are collaborating with CSF and the Commercial Space Transportation Advisory Committee (COMSTAC) Standards Working Group to develop consensus standards, and that, as part of this work, CSF issued a contract to ASTM International. We further note that you continue to work on your rulemaking project to revise Title 14 CFR Part 437, “Experimental Permits,” particularly focusing on the hazard analysis requirements in section 437.55. In addition, you are currently evaluating the need to revise the regulations addressing human factors contained in Title 14 CFR Part 460.

We were pleased to note that Congress appropriated funds in your fiscal year 2016 budget to develop and implement a research and development program for commercial space transportation, and that the new program will include a project for developing human factors best practices.

Pending completion of the human factors guidance for operators, Safety Recommendation A-15-19 remains classified OPEN—ACCEPTABLE RESPONSE. Pending revisions to Part 437 that address the hazard analysis requirements in section 437.55, and revisions to Part 460 addressing human factors, Safety Recommendation A-15-20 remains classified “Open—Acceptable Response.”

-From Michael P. Huerta, Administrator: The Federal Aviation Administration (FAA) is actively addressing these recommendations in a coordinated fashion through our ongoing industry engagement and rulemaking activities. ln collaboration with the Commercial Spaceflight Federation (CSF) and the Commercial Space Transportation Advisory Committee (COMST AC) Standards Working Group, the FAA is supp01ting the development of consensus standards and is encouraged by the progress to date. CSF has informed us that they issued a contract with the American Society for Testing and Materials to assist with standards development and the FAA intends to fully support these activities.

We believe there is also a strong role for voluntary consensus standards as an acceptable means of compliance to FAA regulations.

With regard to the regulations, as previously noted, the FAA is engaged in an active rulemaking project for Title 14, Code of Federal Regulations (14 CFR) Part 437, Experimental Permits, with particular focus on its hazard analysis requirements (§ 437.55). In addition, the FAA is currently assessing the need for new rulemaking to address the human factor regulations contained in 14 CFR Part 460. The review is ongoing, but at a minimum we expect to provide improved guidance material to industry.

For the first time in Fiscal Year (FY) 20 16, Congress appropriated dedicated funding to develop and implement an applied Commercial Space Transportation Research, Engineering, and Development (RE&O) portfolio, providing $1 million for these efforts. The new portfolio will include a project that will support the development of standards and new regulatory guidance by identifying the best practice considerations associated with crew human factors for small, winged commercial space flight vehicles. The FAA is currently finalizing the details of this new project and plans to issue a research task in the coming months.

We note that you believe your August 2014 report, titled “Recommended Practices for Human Space Flight Occupant Safety,” which we reviewed as part of our investigation of the SpaceShipTwo accident, provides recommended practices. You believe this guidance is general in nature and that it forms a starting point for the development of consensus industry standards. We further note that, in collaboration with the CSF, you are developing a plan to satisfy this recommendation. Pending completion of the recommended guidance, Safety Recommendation A-15-19 is classified OPEN—ACCEPTABLE RESPONSE.

-From Michael P. Huerta, Administrator: Under the provisions of the Commercial Space Launch Act (CSLA) (Public Law 98-575), the Federal Aviation Administration (FAA) regulates commercial space transportation (CST) to protect the public health and safety, the safety of property, and the national security and foreign policy interests of the United States. In amending the CSLA in 2004, Congress placed a moratorium that prohibited the FAA from issuing regulations that protect occupant safety.

In crafting the moratorium and the "learning period" that it represents for industry, Congress also tasked the FAA to "encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans." The moratorium, which was extended in 2015, is slated to expire on March 31 , 2016. However, both the House and Senate have passed bills in 2015 that would extend the moratorium by 5 to 10 years, and the negotiated bill language between the two Chambers extends the moratorium by 8 years.

The FAA takes both the moratorium and the direction to encourage, facilitate, and promote continuous occupant safety improvements seriously, and these considerations factor heavily into our response to this recommendation.

In recognition of our authorized public safety mission and our responsibility to encourage, facilitate, and promote continuous occupant safety improvements for emerging commercial human space transportation vehicles and their operations, in August 20 I 4, the FAA issued the "Recommended Practices for Human Space Flight Occupant Safety" guidance document to provide an overview of best practice considerations that the FAA believes are important for the commercial space industry. This document is available at the following website: http://www.faa.gov/about/office org/headquarters offices/ast/media/Recommended Practices_ for_ HSF Occupant_ Safety-Version 1-TC 14-003 7. pdf

These best practice considerations are based on decades of U.S. and international experience in human space flight and vehicle design. The recommended practices are general in nature and do not lay out a prescriptive approach for occupant safety. The FAA believes that they form an excellent starting point for the development of consensus industry standards.