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Federal Register / Vol. 86, No. 218 / Tuesday, November 16, 2021 / Proposed Rules 4729 Feb. 5, 1996, to minimize litigation, eliminate ambiguity, and reduce burden. The NTSB has evaluated this rule under: E.O. 12898, Federal Actions to Address Environmental Judice in Minority Populations and Low-Income Populations, 59 FR 7629
Feb. 16, 1994; E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks, 62 FR 19885
Apr. 21, 1997; E.O. 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR
67249 Nov. 6, 2000; E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 May 18, 2001; and the National Environmental Policy Act, 42 U.S.C.
432147 The NTSB has concluded that this proposed rule neither violates nor requires further consideration under those orders, statutes, E.O.s, and acts.
The Paperwork Reduction Act of 1995
PRA 44 U.S.C. 3507d requires that the NTSB consider the impact of paperwork and other information collection burdens imposed on the public. Here, proposed rule 831.74
directs the public to call the agencys Response Operations Center when reporting a commercial space accident or incident, and provide the information enumerated in proposed 49 CFR 831.75.
The NTSB will use the information collected to determine whether to commence an investigation into the commercial space accident or incident.
Additionally, the accuracy of the information collected will be used in issuing safety recommendations to prevent future commercial space accidents and incidents. However, because the NTSB anticipates that it will receive less than one notification of a mishap accident/incident per year, the agency will not submit an information collection request to the Office of Management and Budget. In other words, the NTSB is not imposing an information collection on ten or more persons to trigger the PRA.
List of Subjects in 49 CFR Part 831

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Accident, Commercial space launch, Commercial space reentry, Incident, Mishap, Space transportation.
For the reasons set forth in the preamble, the NTSB proposes to add 49
CFR part 831 to read as follows:
PART 831INVESTIGATION
PROCEDURES
1. The general authority citation for part 831 continues to read as follows:

Authority: 49 U.S.C. 1113f.

2. Add subpart F to read as follows:

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Subpart FCommercial Space Investigations Sec.
831.70 Authority.
831.71 Purpose.
831.72 Applicability.
831.73 Definitions.
831.74 Immediate notification.
831.75 Information to be given in notification.
831.76 Preservation of commercial space launch or reentry vehicle wreckage, payload, and records.
831.77 Nature of investigation.
831.78 Relationships with other agencies.
831.79 Request to withhold information.
831.80 Provision and dissemination of investigative information.
831.81 Commercial space investigation interviews.
Authority: 49 U.S.C. 1113f, 1116, 1131a1F; 49 CFR 831.2d.
831.70

Authority.

The NTSB conducts commercial space investigations under 49 U.S.C.
1131a1F and works closely with parties to the investigation to collect evidence related to a commercial launch or reentry accident. An investigation conducted under the authority of the NTSB has priority over any investigation conducted by another Federal agency, except those conducted by a commission initiated by the President of the United States.
831.71

Purpose.

This subpart establishes investigative procedures specifically related to commercial space accidents or incidents.
831.72

Applicability.

The regulations in this subpart apply when the NTSB is leading an investigation into a launch or reentry commercial space accident, or has elected to investigate a launch or reentry incident. This subpart pertains to:
a Initial notification and later reporting of commercial space launch and reentry accidents licensed by Federal Aviation Administrations FAA Associate Administrator for Commercial Space Transportation AST, as specified in this part, wherever they occur.
b Preservation of launch or reentry vehicles, as specified in this part.
831.73

Definitions.

As used in this subpart the following words or phrases are defined as follows:
Commercial space launch means a launch authorized to be conducted under a license or permit issued by the FAA.
Commercial space reentry means a reentry authorized to be conducted
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under a license or permit issued by the FAA.
Fatal injury means any injury which results in death within 30 days of the accident.
Launch or reentry accident means any mishap associated with an FAAlicensed or permitted activity resulting in:
1 A fatal injury or serious injury to any person as a result of the operation of the vehicle; or 2 The impact of hazardous debris outside the designated hazard area or designated landing site excluding unmanned vehicles that cause no hazard to the public.
Launch or reentry incident means any mishap associated with an FAAlicensed or permitted activity resulting in:
1 A malfunction of a safety-critical system i.e., flight termination system, etc.;
2 A failure of the licensees or permittees safety organization, safety operations, or safety procedures; or 3 A hazardous condition with increased likelihood of causing serious or fatal injuries to any person i.e., use of launch escape system.
Mishap means a launch or reentry accident, launch or reentry incident, failure to complete a launch or reentry as planned, or an unplanned event or series of events resulting in a fatality or serious injury.
Serious injury means an injury as defined under 49 CFR 830.2.
831.74

Immediate notification.

In the event of a mishap, the licensee or permittee of any launch or reentry vehicle shall immediately notify the NTSBs Response Operations Center at 8443739922 or 2023146290.
831.75 Information to be given in notification.

The notification required in 831.74
shall contain the following information, if available:
a Date and time of the accident or incident;
b Launch vehicle;
c Launch/reentry licensee or permittee;
d Type of activity launch, reentry, landing;
e Vehicle damage;
f Location of the launch or reentry vehicle with reference to some easilydefined geographical point;
g Number of persons involved, number killed, and number seriously injured; and h Circumstances of the accident or incident.

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