§ 420.59 - Mishap plan.

§ 420.59 Launch site accident investigation plan.

Cross Reference

Link to an amendment published at 85 FR 79716, Dec. 10, 2020.

Cross Reference

Link to an extension of the above amendment published at 86 FR 13448, Mar. 9, 2021.

Mishap plan.

(a) General. A licensee shall develop and implement a launch site accident investigation plan that contains the licensee's procedures for reporting, responding to, and investigating launch site accidents, as defined by § 420.5, and for cooperating with federal officials in case of a launch accident. The launch site accident investigation plan must be signed by an individual authorized to sign and certify the application in accordance with § 413.7(c) of this chapter.

(b) Reporting requirements. A launch site accident investigation plan shall provide for -

(1) Immediate notification to the Federal Aviation Administration (FAA) Washington Operations Center in the event of a launch site accident.

(2) Submission of a written preliminary report to the FAA, Associate Administrator for Commercial Space Transportation, within five days of any launch site accident. The report must include the following information:

(i) Date and time of occurrence;

(ii) Location of the event;

(iii) Description of the event;

(iv) Number of injuries, if any, and general description of types of injuries suffered;

(v) Property damage, if any, and an estimate of its value;

(vi) Identification of hazardous materials, as defined by § 401.5 of this chapter, involved in the event;

(vii) Any action taken to contain the consequences of the event; and

(viii) Weather conditions at the time of the event.

(c) Response plan. A launch site accident investigation plan shall contain procedures that -

(1) Ensure the consequences of a launch site accident are contained and minimized;

(2) Ensure data and physical evidence are preserved;

(3) Require the licensee to report to and cooperate with FAA or National Transportation Safety Board (NTSB) investigations and designate one or more points of contact for the FAA or NTSB; and

(4) Require the licensee to identify and adopt preventive measures for avoiding recurrence of the event.

(d) Investigation plan. A launch site accident investigation plan must contain -

(1) Procedures for investigating the cause of a launch site accident;

(2) Procedures for reporting launch site accident investigation results to the FAA; and

(3) Delineated responsibilities, including reporting responsibilities for personnel assigned to conduct investigations and for any one retained by the licensee to conduct or participate in investigations.

(e) Launch accidents. A launch site accident investigation plan shall contain -

(1) Procedures

must report, respond to, and investigate any event that meets either paragraph (1) or (5) of the definition of “mishap” in § 401.7 of this chapter. A licensee must submit a mishap plan that meets the requirements of § 450.173(b) through (f).

(b) Launch mishaps. A launch site operator's mishap plan must also contain procedures for participating in an investigation of a launch

accident

mishap for launches launched from the launch site

;

(2) Require the licensee to cooperate with FAA or National Transportation Safety Board (NTSB) investigations of a launch accident for launches launched from the launch site.

(f) Applicability of other accident investigation procedures. Accident

.

(c) Other agency procedures. Emergency response and investigation procedures developed in accordance with 29 CFR 1910.119 and 40 CFR part 68 will satisfy the requirements of

paragraphs (c

§ 450.173(d) and (

d

e)

of this section

to the extent that they include the elements required by

paragraphs (c

§ 450.173(d) and (

d

e)

of this section.

.

[Doc. No. FAA-2019-0229, Amdt. 420-9, 85 FR 79716, Dec. 10, 2020]