§ 450.173 - Mishap plan - reporting, response, and investigation requirements.

§ 450.173 Mishap plan - reporting, response, and investigation requirements.

(a) General. An operator must report, respond to, and investigate mishaps, as defined in § 401.7 of this chapter, in accordance with paragraphs (b) through (g) of this section using a plan or other written means.

(b) Responsibilities. An operator must document -

(1) Responsibilities for personnel assigned to implement the requirements of this section;

(2) Reporting responsibilities for personnel assigned to conduct investigations and for anyone retained by the operator to conduct or participate in investigations; and

(3) Allocation of roles and responsibilities between the launch operator and any site operator for reporting, responding to, and investigating any mishap during ground activities at the site.

(c) Mishap reporting requirements. An operator must -

(1) Immediately notify the FAA Washington Operations Center in case of a mishap that involves a fatality or serious injury (as defined in 49 CFR 830.2);

(2) Notify within 24 hours the FAA Washington Operations Center in the case of a mishap that does not involve a fatality or serious injury (as defined in 49 CFR 830.2); and

(3) Submit a written preliminary report to the FAA Office of Commercial Space Transportation within five days of any mishap. The preliminary report must include the following information, as applicable:

(i) Date and time of the mishap;

(ii) Description of the mishap and sequence of events leading to the mishap, to the extent known;

(iii) Intended and actual location of the launch or reentry or other landing on Earth;

(iv) Hazardous debris impact points, including those outside a planned landing site or designated hazard area;

(v) Identification of the vehicle;

(vi) Identification of any payload;

(vii) Number and general description of any fatalities or injuries;

(viii) Description and estimated costs of any property damage;

(ix) Identification of hazardous materials, as defined in § 401.7 of this chapter, involved in the event, whether on the vehicle, any payload, or on the ground;

(x) Action taken by any person to contain the consequences of the event;

(xi) Weather conditions at the time of the event; and

(xii) Potential consequences for other similar vehicles, systems, or operations.

(d) Emergency response requirements. An operator must -

(1) Activate emergency response services to protect the public and property following a mishap as necessary including, but not limited to:

(i) Evacuating and rescuing members of the public, taking into account debris dispersion and toxic plumes; and

(ii) Extinguishing fires;

(2) Maintain existing hazard area surveillance and clearance as necessary to protect public safety;

(3) Contain and minimize the consequences of a mishap, including:

(i) Securing impact areas to ensure that no members of the public enter;

(ii) Safely disposing of hazardous materials; and

(iii) Controlling hazards at the site or impact areas.

(4) Preserve data and physical evidence; and

(5) Implement agreements with government authorities and emergency response services, as necessary, to satisfy the requirements of this section.

(e) Mishap investigation requirements. In the event of a mishap, an operator must -

(1) Investigate the root causes of the mishap; and

(2) Report investigation results to the FAA.

(f) Preventative measures. An operator must identify and implement preventive measures for avoiding recurrence of the mishap prior to the next flight, unless otherwise approved by the Administrator.

(g) Mishap records. An operator must maintain records associated with the mishap in accordance with § 450.219(b).

(h) Application requirements. An applicant must submit the plan or other written means required by this section.