Safety Recommendation A-15-026

The FAA previously said that it was developing a proposal for a lessons learned information system (LLIS) that would collect de-identified safety lessons learned and provide the commercial space transportation industry an opportunity to voluntarily submit general non-mishap-related lessons learned directly to the FAA for publication on its website. We note, however, that the Commercial Space Transportation Advisory Committee informed the FAA that such data would be of minimal benefit to the industry and the premature release of proprietary data into a public-facing forum could pose risks to operators. Based on this feedback, the FAA has decided not to implement the LLIS database.

We continue to believe there is still benefit in developing and maintaining a database of commercial space mishap and non-mishap lessons learned data. The aviation industry has databases documenting accident and incident findings, which have been highly beneficial in preventing accidents and reducing fatal accident rates because the databases contain information about previously unrecognized hazards, their causes, and corresponding corrective actions.

In the case of the SpaceShipTwo in-flight breakup, Scaled Composites LLC could have used available data from other operators to potentially mitigate human factors in the design, operational procedures, hazard analysis, and simulator training prior to the accident. We point out that the intent of this recommendation is to make the lessons learned data available only to the commercial space transportation industry—not the public.

In the aviation industry, the FAA has secured needed protections to prevent the public release of certain types of voluntarily provided, confidential safety information (which might otherwise not be available without such protections) for use solely by safety stakeholders to more quickly and readily implement effective safety improvements. We believe such protections could also be useful for a database of safety lessons learned from commercial space mishap investigations, especially as the industry continues to mature.

Given the proven safety benefits of disseminating lessons learned to industry stakeholders, the Board urges the FAA to reconsider its position and, pending a plan for establishing the recommended database, has voted to classify Safety Recommendation A-15-26 OPEN-- UNACCEPTABLE RESPONSE.

-From Michael G. Whitaker, Administrator: During the Commercial Space Transportation Advisory Committee (COMSTAC) meeting held on November 8, 2023, the FAA received feedback and recommendations on a proposed Lessons Learned Information System (LLIS). In March 2024, COMSTAC provided FAA with its observations and considerations on the LLIS proposal. Generally, COMSTAC feedback was not in favor of the FAA implementing an LLIS because the commercial space transportation operators have unique vehicle designs and systems, and such data would be of minimal benefit to the industry.

Moreover, COMSTAC stated that there are significant risks to operators with the premature release of proprietary data into a public facing forum. The FAA understands industry’s concerns with implementing a public database of lessons learned from commercial space mishap investigations. As a result of industry feedback, and the fact that FAA implements lessons learned through updates to various FAA guidance such as advisory circulars, notices, regulations, the FAA’s website, and through various communications with industry including COMSTAC meetings, workshops, and office hours, the FAA has chosen not to implement the LLIS database at this time.

I believe the FAA has effectively addressed Safety Recommendation A-15-26 and consider our actions complete. I will keep the Board informed of the FAA’s progress on Safety Recommendations A-15-19, -20, and -23, and anticipate providing an update by May 31, 2025.

We note that you are developing a proposal for a lessons learned information system (LLIS) that would collect de-identified safety lessons learned and provide the commercial space transportation industry an opportunity to voluntarily submit general non-mishap-related lessons learned directly to the FAA for publication on your website. We also note that you intend to ask the Commercial Space Transportation Advisory Committee for advice and recommendations on the viability of your proposal and ways to encourage the commercial space transportation (CST) industry to use such a system.

Pending the implementation of the LLIS and a plan for encouraging the CST industry to use the system, Safety Recommendation A-15-26 remains classified OPEN-- ACCEPTABLE RESPONSE.

-From Polly Trottenberg, Acting Administrator: In our previous response, we stated the FAA was exploring a partnership program with the CST industry to establish a safety program. The FAA has determined that the industry is still in an exploratory phase, and pursuing the program at this time is not practical.

The FAA believes that as the CST industry is growing and moving into a new era of human space flight, it is appropriate to explore the establishment of a lessons learned information system (LLIS). As a result, we are planning to collaborate with the CST industry to seek its readiness on a voluntary LLIS. However, the FAA assumes limiting the LLIS to lessons learned from mishap investigations will not garner voluntary input and would limit the opportunity to expand the base of knowledge to the stakeholders.

To this end, the FAA is developing an LLIS proposal that will be submitted to the Commercial Space Transportation Advisory Committee (COMSTAC) for their advice and recommendations on the viability of the LLIS and ways to encourage the CST industry’s input into such a system. The next COMSTAC meeting will be held in May 2023, and LLIS is on the agenda.

The FAA envisions the LLIS system will collect de-identified safety lessons learned, which are common across the CST industry from previous mishaps. Additionally, the FAA will provide the industry the opportunity to voluntarily submit general non-mishap-related lessons learned directly to the agency, and the information will be made available to the public on the FAA.gov website. The FAA anticipates the LLIS will be available by February 2024.

I will keep the Board informed of the FAA’s actions on Safety Recommendations A-15-19, -20, -23, and -26, and anticipate providing an update by April 30, 2024.

We note that, based on industry feedback and the state of current operations in the commercial space industry, you no longer plan to use the Web-Based Application Tool for commercial space applications. Instead, you are exploring a partnership program with the commercial space transportation industry to establish a safety program, like the Commercial Aviation Safety Team (CAST) or the Unmanned Aircraft Systems Partnership for Safety Plan Program.

We also note that the ASTM International Committee F47 on Commercial Spaceflight, Cross-Cutting Subcommittee continues to develop standards for classifying safety-related events in space flight, including their severity and impact (public, proprietary, anonymous), taxonomy, listing, and classification of impact and severity of safety-related events. Finally, you reported that the COMSTAC’s Safety Working Group has developed a methodology and identified a preliminary set of reportable and recommended event categories, and that this information would be incorporated into a standard that was awaiting ASTM approval.

Your staff informed us that, on February 7, 2022, the ASTM published this standard, which was renamed, “Standard Guide for Classifying Safety-Related Events.”

We are encouraged by the activities you described and are interested in participating in the safety program, once developed, in a capacity similar to our participation in the current CAST. We look forward to receiving future updates. In the meantime, pending completion of the activities that satisfy Safety Recommendation A-15-26, it remains classified OPEN--ACCEPTABLE RESPONSE.

-From Steve Dickson, Administrator: In our initial response, the FAA noted that it explored pursuing a multi-year, multi-phased approach to enabling a voluntary safety data-sharing framework for emerging commercial human space flight operations. Based on industry feedback and the state of current operations in the commercial space industry, the FAA does not plan to use the Web-Based Application Tool to develop a prototype voluntary safety demonstration project. Since a majority of launch vehicles currently operating are unique, it is unlikely that a safety reporting system could maintain anonymity.

The FAA is exploring a partnership program with the commercial space transportation industry to establish a safety program. This partnership and/or program with the commercial space industry could be similarly structured to the Commercial Aviation Safety Team or the Unmanned Aircraft Systems Partnership for Safety Plan Program.

In 2018, the ASTM International Committee F47 on Commercial Spaceflight, Cross-Cutting Subcommittee, started work on a reportable safety-related events standard to develop guidance on how to classify safety-related events in space flight, including their severity and impact (public, proprietary, anonymous), taxonomy, listing, and classification of impact and severity of safety-related events. The subcommittee’s primary goal is to define the terms needed for classification, such as the severity and impact. The FAA is an advisory member of this subcommittee.

During the May 2019 COMSTAC meeting, COMSTAC’s Safety Working Group briefed that it was fully constituted and progressing toward its goals, having also developed a methodology and identified a preliminary set of reportable and recommended event categories. The “New Classification for Reportable Safety Related Events” standard is currently being balloted in ASTM and is anticipated to be approved as an ASTM standard by June 30, 2022. The FAA will continue to engage COMSTAC on this topic.

I will keep the Board informed of the FAA’s progress on these safety recommendations and anticipate providing an update by February 28, 2023.

We note that you continue to pursue several activities in response to this recommendation. We are specifically interested in the FAA’s efforts to develop a voluntary safety data-sharing framework for emerging commercial human space flight operations. We look forward to receiving updates as you work with industry to modify the existing Web-Based Application Tool for commercial space applications. In the meantime, pending completion of the activities that satisfy Safety Recommendation A-15-26, it remains classified OPEN-- ACCEPTABLE RESPONSE.

-From Steve Dickson, Administrator: The FAA is pursuing a multi-year, multi-phased approach to enabling a voluntary safety data-sharing framework for emerging commercial human space flight operations. We plan to modify the existing Web-Based Application Tool (WBAT) developed for commercial aviation for commercial space applications in cooperation with industry.

In 2018, COMSTAC’s Safety Working Group recommended formation of a Reportable Safety Events Task Group (under the auspices of the ASTM International Committee F47 on Commercial Spaceflight) to develop guidance on the voluntary sharing of reportable safety events and lessons learned. The task group’s primary goal is to establish taxonomy and thresholds/criteria for reportable incidents as the initial input for voluntary safety program based on the WBAT. The FAA is an advisory member to the task group.

Pending final industry partner consensus, the FAA expects ASTM International task group input by December 31, 2020. The FAA’s research, engineering, and development portfolio includes a project that explores extending the current WBAT developed for commercial aviation to commercial space applications. Based on user feedback and customization, the FAA will leverage WBAT’s existing, secure capabilities to develop a prototype voluntary safety demonstration project. We plan to have tool requirements, definition, and initial task group input on these requirements in early Fiscal Year (FY) 2021, with tool development continuing into FY 2022.

Successfully implementing WBAT for the commercial space industry will continue to depend upon industry commitment and engagement, as well as FAA resource availability.

In addition, on September 16, 2020, the FAA’s Office of Commercial Space Transportation (AST) signed a Charter establishing a program to equip today’s commercial space transportation (CST) practitioners with experiential knowledge to help protect and improve safety. Specifically, this program will document, archive, disseminate, and institutionalize a Space Transportation Lessons Learned Library (ST-L3) with a module being publicly available and a module for internal AST use. The public facing ST-L3 module will utilize only publicly available information, such as accident investigation reports from past foreign and U.S. civil, military and commercial space transportation experiences.

The AST internal module may use data that is not publicly available, such as proprietary or otherwise restricted mishap reports. The intent is to bolster the internal and external CST safety culture by connecting real world events to the rationale and basis for current regulations, means of compliance, and best practices used by the FAA and industry.

We note that you are pursuing several activities to satisfy this recommendation, including having discussions with commercial spaceflight operators who are interested in extending tools developed to improve safety in commercial aviation to commercial space applications. In addition, you briefed the COMSTAC of your goals and plans in this area, and are working with it to implement the recommended program. We further note that you will study the benefits of extending the tools developed for your Aviation Safety Action Program, which is used in commercial aviation, to commercial space applications.

Pending completion of the activities that satisfy Safety Recommendation A 15 26, it remains classified OPEN—ACCEPTABLE RESPONSE.

-From Michael P. Huerta, Administrator: As noted in our original response, the FAA is pursuing a multi-year, multi-phased approach to enable a voluntary safety data sharing framework for emerging commercial human space flight operations. While the FAA envisions that this may be a lengthy process, we have been actively working the initial elements of the approach and will continue to provide updates to the Board.

Also noted in our original response, the FAA recognizes the profound impact voluntary safety data sharing has had in aviation. While implementing a voluntary safety data sharing framework for suborbital human space flight will have its challenges, we believe we can leverage the lessons learned from aviation, along with the concepts and tools that were developed in that arena to work cooperatively with operators to introduce these capabilities while the commercial human space flight industry is still in its nascent stages.

We will continue to have bi lateral discussions with operators interested in entering a partnership with the FAA as we work to extend the aviation tools to commercial space applications. In addition, we briefed COMSTAC of our goals and plans in this area on April 28. 2016, and had a favorable reception. We will continue to engage COMST AC as we move forward.

As noted earlier in this letter, for the first time in FY 2016, Congress appropriated dedicated funding to develop and implement an applied commercial space transportation RE&D portfolio, providing $1 million for these efforts. The new portfolio will include a project that explores extending the tools developed for the Aviation Safety Action Program to commercial space applications for suborbital human spaceflight vehicles. The FAA is currently finalizing the details of this new project and plans to issue a research task in the coming months.

In summary, I believe the FAA has effectively addressed Safety Recommendations A-15-22, -24, and -25 and consider our actions complete. I will keep the Board informed of the FAA's progress on the remaining recommendations and provide an update by November 30, 2017.

We note that you performed an internal feasibility study for voluntary safety data sharing between industry and the FAA that examined data sharing in the commercial aviation industry, and that the results of your study highlighted several challenges that need to be addressed. Among these challenges is the de-identification and protection of proprietary data, creating a non-punitive reporting environment, and the availability of needed data mining and analysis tools to identify safety issues and lessons learned. With the completion of your study you have initiated the following activities:

1. You have requested a research budget line item in your fiscal year 2016 budget for research to examine extending to commercial space flight operations the tools developed in the commercial aviation industry for voluntarily sharing, and the mining of, safety data.

2. You plan to encourage the development and use of SMS by commercial spaceflight manufacturers and operators. This encouragement will include the development and use of programs similar to Flight Operations Quality Assurance and Aviation Safety Action Programs currently used successfully in the commercial aviation industry.

3. You intend to work with Congress to identify any needed legislative reforms necessary to implement the non-punitive reporting and data sharing necessary for the programs identified above.

4. You plan to work with the commercial spaceflight industry on these issues and to discuss these activities and developments at your regular meetings with the industry.

Pending completion of these actions, Safety Recommendation A-15-26 is classified OPEN—ACCEPTABLE RESPONSE.

-From Michael P. Huerta, Administrator: The FAA supports this recommendation. The FAA takes both the CSLA moratorium, as described in our response to Safety Recommendation A-15-19, and the direction to encourage, facilitate, and promote continuous occupant safety improvements seriously. Recognizing the profound impact that voluntary safety data sharing has had in aviation, the FAA believes that facilitating an appropriate framework for voluntary safety data sharing can also bring significant continuous safety improvements to the emerging commercial human space flight operations.

However, the FAA also recognizes that it will likely take a number of years to implement such a framework. As a component of its September 2014 business plan, the FAA performed an internal feasibility study for voluntary safety data sharing between industry members and the FAA. The study examined cooperative data sharing in the aviation industry to identify critical enablers and lessons learned for implementation. The results of that study, completed in August 2015, highlight several challenges that will need to be addressed.

These include de-identification and protection of proprietary data, creating a non-punitive environment for voluntary disclosure of safety information, and ensuring the availability of data mining and analysis tools to proactively identify emerging safety issues and lessons learned. These challenges are compounded by the limited amount of operators, operations, and data that will be available in the emerging human CST industry.

However, the FAA believes that the nascent nature of this industry also offers the potential to establish such a framework while it is in its formative stages, and we intend to work closely with the industry to mature the concepts and plans outlined below as we pursue its implementation.

The study recommended a stepped approach to addressing these challenges, including first examining the modifications to existing tools for data collection, mining, and analysis capabilities. As mentioned in our response to Safety Recommendation A-15-20, the FAA's FY 2016 President's Budget Request proposes to establish a CST safety research budget line.

Within the associated portfolio, the FAA intends to conduct research to examine extending the tools developed for voluntarily sharing and mining aviation safety data to commercial human spaceflight operations, so that advanced space flight data mining capabilities could inform safety assessments and identify emerging safety issues and lessons learned. Over recent years the FAA has developed a number of tools to enable aviation industry-FAA sharing and analysis of voluntarily submitted operational safety data to enable operators individually, and the industry and FAA collectively, to identify early precursors to accidents and take proactive action.