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Federal Register / Vol. 86, No. 218 / Tuesday, November 16, 2021 / Proposed Rules
independent authority to investigate commercial space accidents and incidents. Introduced in the House of Representatives as the Commercial Space Launch Act Act on June 5, 1984, Congressman Harold Lee Volkmer clarified that the Act assigned the DOT
the responsibility for issuing and enforcing commercial launch licenses, and for encouraging private sector use of government-developed space technology.5 He noted that the purpose of the bill was to promote economic growth, simplify licensing, and have the DOT oversee commercial launch operations and issue licenses to conduct such activities.6 Based on the deliberations of other representatives, it is evident that the intent of the legislation was to encourage private sector participation in the commercial space industry for the benefit of the U.S.
economy. This intent was further expressed by Senator Paul Seward Trible, Jr., who explicitly stated that the central purpose of the legislation was to encourage the growth of a commercial space launch capability.7 He continued that the bill designated the DOT as the lead agency to encourage and facilitate expendable launch vehicle commercialization.
The NTSB further acknowledges that the Congress does not wish to discourage development of this emerging industry and has charged the FAA to primarily focus on protection of the public and that the spaceflight participants are taking part in an inherently risky mode of transportation.
The NTSB recognizes the learning period is still in effect that limits regulations restricting or prohibiting design features or operating practices, and that there is a need to restrict the release of certain sensitive information to safeguard critical defense-related technologies in order to protect United States national security and foreign policy objectives International Traffic in Arms Regulations ITAR, and Export Administration Regulation EAR.
Consistent with this legislative history and the NTSBs statutory authority, the Board believes that codifying NTSBs commercial space safety investigations in Subpart F is warranted under 49
U.S.C. 1131a1F. The Board notes that per 49 U.S.C. 1131b, the NTSB has statutory priority over any investigation by a U.S. department or agency. The issuance of Subpart F would resolve the 5 98 Cong. Rec. H. 3942 daily ed. June 5, 1984
statement of Rep. Volkmer.
6 Id.
7 98 Cong. Rec. H. 3942 daily ed. Oct. 9, 1984
statement of Sen. Trible.

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matters currently addressed in Appendix H with the FAA.
II. Section-by-Section Analysis 831.70 Authority Section 831.70 references the NTSBs statutory authority under 49 U.S.C.
1131a1F, which provides that the NTSB shall investigate and establish the facts, circumstances, and probable cause of any other accident related to the transportation of any other individuals or property when the Board decides that the accident is catastrophic; the accident involves problems of a recurring character; or the investigation of the accident would carry out the NTSBs statutory authority.
831.71 Purpose Section 831.71 specifies that Subpart F establishes the agencys safety investigative procedures for commercial space accidents or incidents.

clarifies that the agency does not investigate all incidents; whether the NTSB investigates a launch or reentry incident is contingent on the circumstances of the mishap.
831.78 Relationships With Other Agencies Section 831.78 allows for participation of other Federal agencies, but establishes the limitations and expectations of the participants.
831.79 Request To Withhold Information While 831.13 is applicable to Subpart F, the NTSB is adding 831.79
to address the protection of defenserelated technologies. The regulation is intended to safeguard U.S. national security and further U.S. foreign policy objectives.
831.80 Provision and Dissemination of Investigative Information
831.72 Applicability Section 831.72 clarifies that the NTSB
would investigate a commercial space launch or reentry accident, but may investigate a commercial space launch or reentry incident licensed by FAA
AST.

Section 831.80 provides that 831.13
applies to commercial space investigations, but adds that the release of information will comply with the applicable export control regulations.

831.73 Definitions Section 831.73 establishes the terminology used in Subpart F.

Section 831.81 supplements the provisions contained in 831.7, but puts the public on notice that interviews or statements conducted during an NTSB commercial space investigation will become part of the public record subject to the applicable export control regulations.

831.74 Immediate Notification In the event of a commercial space launch or reentry accident or incident, 831.74 requires that licensees and permittees immediately call the NTSBs Response Operation Center.
831.75 Information To Be Given in Notification Section 831.75 establishes what must be reported in the event of a commercial space launch or reentry accident or incident.
831.76 Preservation of Commercial Space Launch or Reentry Vehicle Wreckage, Payload, and Records Section 831.76 addresses what a licensee or permittee must do when preserving the wreckage, payload, and records. The preservation of materials, documents, data, and wreckage is essential for the NTSBs safety investigation and the accompanying safety recommendations.
831.77 Nature of Investigation Section 831.77 clarifies why the NTSB conducts its safety investigations, and that the agency determines probable cause and issues safety recommendations. This section further
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831.81 Commercial Space Investigation Interviews
III. Regulatory Analysis Because the NTSB is an independent agency, this proposed rule does not require an assessment of its potential costs and benefits under section 6a3
of Executive Order E.O. 12866, Regulatory Planning and Review, 58 FR
51735 Sept. 30, 1993. In addition, the NTSB has considered whether this rule would have a significant economic impact on a substantial number of small entities, under the Regulatory Flexibility Act 5 U.S.C. 601612. The NTSB
certifies under 5 U.S.C. 605b that this rule would not have a significant economic impact on a substantial number of small entities.
The NTSB does not anticipate this rule will have a substantial, direct effect on state or local governments or will preempt state law; as such, this rule does not have implications for federalism under E.O. 13132, Federalism, 64 FR 43255 Aug. 4, 1999.
This rule complies with all applicable standards in sections 3a and 3b2 of E.O. 12988, Civil Justice Reform, 61 FR

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