[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR431.45]

[Page 855-856]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
     CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION 
              ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 431_LAUNCH AND REENTRY OF A REUSABLE LAUNCH VEHICLE (RLV)--Table of 
 
    Subpart C_Safety Review and Approval for Launch and Reentry of a 
                         Reusable Launch Vehicle
 
Sec. 431.45  Mishap investigation plan and emergency response plan.

    (a) Mishap investigation plan and emergency response plan. An 
applicant shall submit a mishap investigation plan (MIP) containing the 
applicant's procedures for reporting and responding to launch and 
reentry accidents, launch and reentry incidents, or other mishaps, as 
defined in Sec. 401.5 of this chapter, that occur during the conduct of 
an RLV mission. An acceptable MIP satisfies the requirements of 
paragraphs (b)-(d) of this section. An applicant shall also submit an 
emergency response plan (ERP) that contains procedures for informing the 
affected public of a planned RLV mission. An acceptable ERP satisfies 
the requirements of paragraph (e) of this section. The MIP and ERP shall 
be signed by an individual authorized to sign and certify the 
application in accordance with Sec. 413.7(c) of this chapter, the 
person responsible for the conduct of all licensed RLV mission 
activities designated under Sec. 431.33(b) of this subpart, and the 
safety official designated under Sec. 431.33(c) of this subpart.
    (b) Report requirements. A MIP shall provide for--
    (1) Immediate notification to the FAA Washington Operations Center 
in case of a launch or reentry accident, launch or reentry incident, or 
a mishap that involves a fatality or serious injury (as defined in 49 
CFR 830.2);
    (2) Notification within 24 hours to the Associate Administrator for 
Commercial Space Transportation in the event of a mishap that does not 
involve a fatality or serious injury, as defined in 49 CFR 830.2; and
    (3) Submission of a written preliminary report to the FAA Associate 
Administrator for Commercial Space Transportation in the event of a 
launch accident or launch incident occurring in the conduct of an RLV 
mission, or reentry accident or reentry incident, occurring in the 
conduct of an RLV mission, within 5 days of the event. The report shall 
identify the event as either a launch or reentry accident or incident 
and must include the following information:
    (i) Date and time of occurrence;
    (ii) Description of the event and sequence of events leading to the 
accident or incident, to the extent known;
    (iii) Intended and actual location of launch and reentry or other 
landing on Earth;
    (iv) Identification of the vehicle;
    (v) Identification of the payload, if applicable;
    (vi) Number and general description of any fatalities and injuries;
    (vii) Property damage, if any, and an estimate of its value;
    (viii) Identification of hazardous materials, as defined in Sec. 
401.5 of this chapter, involved in the event, whether on the vehicle, 
payload, or on the ground;
    (ix) Action taken by any person to contain the consequences of the 
event;
    (x) Weather conditions at the time of the event; and
    (xi) Potential consequences for other vehicles or systems of similar 
type and proposed operations.
    (c) Response plan. A MIP must contain procedures to--
    (1) Ensure the consequences of a launch accident, launch incident, 
reentry accident, reentry incident, or other mishap occurring in the 
conduct

[[Page 856]]

of an RLV mission are contained and minimized;
    (2) Ensure data and physical evidence are preserved;
    (3) Require the licensee to report and to cooperate with FAA and the 
National Transportation Safety Board 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 MIP shall contain--
    (1) Procedures for investigating the cause of an event described in 
paragraph (c)(1) of this section;
    (2) Procedures for reporting investigation results to the FAA;
    (3) Delineated responsibilities, including reporting 
responsibilities, for personnel assigned to conduct investigations and 
for any unrelated entities retained by the licensee to conduct or 
participate in investigations.
    (e) Emergency response plan. An ERP shall provide for--
    (1) Notification to local officials in the event of an off-site or 
unplanned landing so that vehicle recovery can be conducted safely and 
effectively and with minimal risk to public safety. The plan must 
provide for the quick dissemination of up to date information to the 
public, and for doing so in advance of reentry or other landing on Earth 
to the extent practicable; and
    (2) A public information dissemination plan for informing the 
potentially affected public, in laymen's terms and in advance of a 
planned reentry, of the estimated date, time and landing location for 
the reentry activity.