Human Space Flight final rule - supporting

Human Space Flight final rule - supporting.doc

Human Space Flight Requirements for Crew and Space Flight Participants

OMB: 2120-0720

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  1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statue and regulation mandating or authorizing the collection of information. (Annotate the CFR parts/sections affected).


The FAA will establish requirements for human space flight of crew and space flight participants as required by the Commercial Space Launch Amendments Act of 2004. This rulemaking will establish requirements for crew qualifications, training and notification, and training and informed consent requirements for space flight participants. The rulemaking will also modify existing financial responsibility requirements to account for space flight participants, crew, and the FAA’s new authority to issue an experimental permit. The FAA is conducting this rulemaking in order to fulfill its responsibilities under the new act. The requirements are designed to achieve public safety and to notify individuals on board of the risks they face from launch or reentry. The section of each statute and regulation mandating or authorizing the collection of information is presented below.


§ 460.5 Crew qualifications and training and § 460.7 Operator training of crew


The CSLAA requires that each crew member receive training and satisfy medical or other standards as specified in a license or permit. 49 U.S.C. § 70105(b)(4)(A). Furthermore, the CSLAA requires crew to comply with all requirements of the laws of the United States that apply to crew. 49 U.S.C. § 70105(b)(4)(C).


The FAA will require a training program to be continually updated to ensure that training accounted for lessons-learned from both training and operational missions. This would be accomplished with a documented system to track revisions and updates. The FAA will require a training program to capture, in writing, lessons-learned as experience is gained. The FAA will require a licensee or permittee to document the training completed by each member of the flight crew and any remote operator and maintain the documentation for each active member of the flight crew and remote operator. The FAA will require an operator to ensure that all flight crew and remote operator qualifications are current before starting to operate a vehicle with humans on board.


The FAA finds that operator maintenance of a current training and qualification program that incorporates lessons learned to facilitate continuous improvement, and retention of associated documentation and crew certification records is customary and usual practice within the commercial space transportation industry. Although evidence of current practice is limited to the recent space flights of Scaled Composites’ SpaceShipOne, which did not include passengers, the FAA finds that: (1) current training practices of commercial operators for space flight crew would be consistent with the rule (as evidenced by SpaceShipOne).

§ 460.9 Informing flight crew of launch risk.


The CSLAA requires that an operator (holder of a license or permit) inform any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the CSLAA, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying flight crew or space flight participants. 49 U.S.C. § 70105(b)(4)(B). While this formality may be exercised voluntarily by an operator, it may not be customary and usual (i.e., current) industry practice in all instances. The FAA estimates that a commercial entity will expend as many as four person-hours to prepare the initial documentation conveying the required information for flight crew only (a one-time cost); one person-hour w ill be incurred for each space flight mission to update and administer the document and maintain it as a record.


§ 460.19 Crew waiver of claims against U.S. Government.


The CSLAA requires that crew execute a reciprocal waiver of claims with the DOT/FAA. 49 U.S.C. § 70112(b)(2). Crew includes flight crew and any remote operator. The FAA estimates that a commercial entity will expend as many as four person-hours to prepare the initial documentation required for crew (one-time cost); one person-hour will be incurred for each space flight mission to administer the document and maintain it as a record.


§ 460.45 Operator informing space flight participant of launch risks.


The CSLAA requires that a licensed or permitted operator inform a space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type. 49 U.S.C. § 70105(b)(5)(A). Specifically, the rule, § 460.45, requires an operator to: (1) inform each space flight participant in writing of the safety hazards and associated risks of the mission and other safety-related information (e.g., government and commercial space flight safety records), and (2) obtain affirmation of receipt and understanding of this safety information by way of signature from each space flight participant. The FAA finds that developing much of the safety-related information is current industry practice (e.g., deriving risk probabilities from a fault tree or hazard analysis); however, certain aspects of this requirement are not, such as compiling industry-wide and government safety record information. Further, the FAA maintains that preparing a document to convey the requisite information in a manner that will be readily understood by a space flight participant who is not likely to have any formal space technology education or training (e.g., aerospace engineering) is not likely to be customary or usual practice. Therefore, the FAA estimates that a commercial entity will expend as many as 120 person-hours to prepare the initial launch risk and consent form documents (a one-time cost); two person-hours will be expended prior to each space flight mission updating and documenting the safety record information and maintaining a record of the signed consent form. An individual space flight participant will need only to read the consent form and sign it, thereby indicating their understanding and acceptance of the risks of space flight.

In the final rule the FAA added the requirement that each operator must provide each space flight participant an opportunity to ask questions orally to better understand the risks of the mission. With or without this requirement, space flight participants are likely to ask questions to understand mission risks and the operator will respond so they won’t lose a client. Therefore, the FAA does not attribute any costs to this requirement.


§ 460.49 Space flight participant waiver of claims against U.S. Government


The CSLAA requires that each space flight participant execute a reciprocal waiver of claims with the DOT/FAA. 49 U.S.C. § 70112(b)(2). This is a new requirement, as space flight participants are not addressed under the existing rule. The FAA maintains that an operator will likely expend the effort required to prepare and record the documentation on behalf of a space flight participant. The FAA estimates that a commercial entity will expend as many as four person-hours to prepare the initial documentation required for a space flight participant (a one-time cost); one person-hour will be incurred for each space flight mission to administer the document and maintain it as a record, regardless of the number of space flight participants (i.e., passengers). A commercial operator would ultimately pass these costs on to a space flight participant, as reflected in the price charged for the space flight. Accordingly, these costs are included in the direct compliance costs to a commercial operator for simplicity and conservatism.


§ 460.11, § 460.13, § 460.15, § 460.51, and § 460.53 (Other requirements related to public safety)


Under the FAA’s public safety mandate, the FAA establishes requirements for the following areas: environmental control and life support system, smoke detection and fire suppression, human factors, space flight participant training, and security requirements. The FAA finds that the requirements are consistent with current practice and present no new requirements that would impose costs.


Consistent with the FAA’s safety goals, the principal benefit of the rule will be to ensure that the human commercial space transportation industry understands and adheres to the current practices that have worked thus far to protect public safety and the environment. In so doing, the FAA maintains that the rule would help preserve the level of safety already achieved by commercial operations, recognizing that human commercial space flight experience is limited. Additionally, informing space flight participants of mission hazards and risks may help mitigate any behavior or reaction during space flight that would jeopardize mission success and consequently public safety. For example, a surprise noise or abrupt vehicle motion during flight could frighten an “uniformed” passenger, causing a space flight participant to behave or act (e.g., panic) in a manner that could adversely impact mission performance and jeopardize public safety resulting from a ground impact crash or a falling debris from an airborne explosion. Further, informing candidate space flight participants (i.e., passengers) of risks may deter an individual from participating in space flight whom otherwise would panic during flight and possibly create a situation that would jeopardize public safety.

  1. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.


The information, described under section #1, will be used by the FAA, a licensee or permittee, a space flight participant, or a crew member. The FAA will use the information related to public safety to ensure that a launch or reentry operation involving a human on board a vehicle will meet the risk criteria and requirements with regard to ensuring public safety. For example, the FAA will assess crew qualifications and training, especially those of a pilot, to ensure that the pilot has the proper experience and skills to operate a launch or reentry vehicle without affecting public safety. A space flight participant and crew member will use information provided by the operator to help make a decision on whether they voluntarily assume the risk. An operator must inform each crew member and space flight participant in writing that the U.S. Government has not certified the launch vehicle as safe for carrying flight crew or space flight participants. In addition, an operator must inform any space flight participant of the risks associated with launch and reentry activities. In turn, a space flight participant must provide written, informed consent as a way of showing that he or she understands and voluntarily accepts the risks associated with participating in space launch activities. An operator will be the recipient of a written, informed consent from a space flight participant and will be responsible for ensuring that one was received before allowing a space flight participant to be on board a launch or reentry vehicle.


The CSLAA requires that flight crew and space flight participants execute a reciprocal waiver of claims with the DOT/FAA. Prior to a mission, the FAA will ensure that crew and space flight participants have executed a reciprocal waiver of claims with the DOT/FAA.


  1. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden. [Effective 03/22/01, your response must SPECIFICALLY reference the Government Paperwork Elimination Act (GPEA), which addresses electronic filing and recordkeeping, and what you are doing to adhere to it. You must explain how you will provide a fully electronic reporting option by October 2003, or an explanation of why this is not practicable.]


In general, 95% of the information can be provided in an electronic format. An exception may be the case where a signature is required such as for the written informed consent that requires a signature from a space flight participant and the execution of reciprocal waiver of claims, which requires signatures from a space flight participant or crew member and the FAA.

  1. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose(s) described in Item 2 above.


The FAA conducted an internet search and found a chronology on human space flight missions accidents. A top level description of the mission is provided, which includes whether a mishap or accident occurred. Some of this publicly available information can be compiled to fulfill part of the CSLAA’s requirement for the operator to inform a space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type.


  1. If the collection of information has a significant impact on a substantial number of small businesses or other small entities (Item 5 of the Paperwork Reduction Act submission form), describe the methods used to minimize burden.


N/A


  1. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.


If the collection of information, which involves reporting, recordkeeping, and disclosures, is not conducted, the FAA may not be able to make a license or permit determination or the requirements of the CSLAA would not be met. The frequency of collecting the information is contingent upon the number of—

  1. launch or reentry applications,

  2. permit applications,

  3. missions (launch or reentry operations), and

  4. crew and space flight participants.


  1. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with the general information collection guidelines in 5 CFR 1320.5(d)(2).


This requirement follows the guideline in 5 CFR 1320.5(d)(2).


  1. Describe efforts to consult persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d) soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.



On December 23, 2005, the FAA released a notice of proposed rulemaking (NPRM), “Human Space Flight Requirements for Crew and Space Flight Participants.” 70 FR 77261 (Dec. 29, 2005). The FAA received comments on the NPRM from aerospace companies, associations, service providers and individuals. In general, the commenters support the requirements as proposed in the NPRM, but they also suggested changes.


Comments suggesting inclusion of foreign safety records and that the FAA provide safety record data


In the NPRM, the FAA proposed that an operator would have to provide the safety record of all launch or reentry vehicles that have carried one or more persons on board, including both U.S. Government and private sector vehicles. The Personal Spaceflight Federation (Federation) recommended that the FAA include non-U.S. government vehicles (e.g., Soviet/Russian and Chinese government vehicles) in its list of vehicle accidents in order to expand the knowledge base. The FAA does not require the safety record of foreign government launches or reentries to be included because this information may not always be publicly available.

Blue Origin, the Federation, Predesa, and t/Space all suggested that the FAA provide a standardized summary of the historical safety record of all launch or reentry vehicles that have carried one or more persons on board for all US government vehicles for use by all applicants, and that the FAA maintain a standard summary of the safety record of all private sector vehicles on behalf of the public. The Federation and t/Space commented that the FAA needed to provide the operator the safety record in order to ensure an accurate and impartial list, used equally by all operators. Blue Origin commented that this would help avoid litigation. Although ultimately it is the responsibility of the operator to inform each space flight participant of that safety record required by § 460.45(c), the FAA will pursue options on making this safety record data available. Options being considered to ensure data accuracy and uniformity include having the FAA, industry, an association, an organization, or the Commercial Space Transportation Advisory Committee (COMSTAC) develop a safety record database and make the data available.

Comments requesting clarification of anomalies and failures and what period the safety records should cover


In the NPRM, the FAA in § 460.45(d) would also require an operator to describe the safety record of its own vehicle to each space flight participant. The operator’s safety record would have to include the number of vehicle flights, the number of safety-related anomalies or failures, including on the ground or in flight, and whether any corrective actions were taken to resolve these anomalies or failures. The Federation recommended that the FAA require disclosure of accidents rather than “failures” or “anomalies.” The Federation commented that the FAA defines neither "anomaly" nor "failure" by regulation, and the definitions proposed in the May 2005 experimental permit guidelines are overly broad. According to the Federation, under these definitions, operators could be burdened with the delivery of an unreasonably large amount of data to space flight participants, and such an overwhelming amount of data could actually decrease the ability of a prospective space flight participant to properly evaluate the risk involved. T/Space commented that the terms “anomalies” and “failures” are not adequately defined. According to t/Space, different operators are likely to use different definitions, with competitive pressures possibly influencing these definitions. T/Space recommended that the FAA define the terms “anomalies” and “failures” to ensure a level playing field between operators.

Rather than requiring the disclosure of failures and anomalies as proposed in the NPRM, sections 460.45(d) and (f) of the final rule requires an operator to describe “accidents and unplanned events that posed a high risk of causing or resulting in a serious or fatal injury to crew or space flight participants.” Merely requiring an operator to describe each “accident” as recommended by the Federation would fail to require an operator to disclose all relevant information1. For example, if an RLV crashed inside a designated landing site, the FAA’s definition of accident would not encompass that event. Another example of an instance where relevant information would be left unreported is if someone associated with a flight were injured or killed, that event would not be characterized as an accident. All these events must be disclosed under section 460.45.

The Federation commented that the FAA should restrict this disclosure [§ 460.45(d)], to the vehicle verification and commercial operations phases only, and should not require the disclosure of accidents occurring on the ground. Blue Origin requested that the FAA clarify that disclosures relate to only the licensed model vehicle and not earlier development iterations of that model. Blue Origin recommended this because in developing a vehicle, most operators plan on successive versions or models. Thus, safety performance related to an earlier, experimental model is not directly relevant to a final, passenger-carrying model. According to Blue Origin, requiring disclosure of earlier models would discourage operators from iterative experimenting and testing of non-passenger models, which would undermine the goal of developing safer vehicles. The FAA agrees and clarifies in the final rule that an operator need only disclose its safety record as of the time of the vehicle verification program phase [§ 460.17] and after. This includes all subsequent launches and reentry. Accordingly, earlier models that predate the vehicle verification program phase do not have to be included as part of the safety record.


Comments on ITAR and proprietary-related issues


In the NPRM, if a space flight participant requested more detail, the operator under § 460.45(f) would have to provide a description of the safety-related anomalies or failures and what the corrective actions were. Blue Origin and the Federation commented that the current language would prohibit companies from engaging foreign space flight participants because of conflicts with International Traffic in Arms Regulations (ITAR). The Federation urged the FAA to consider the ITAR ramifications of any proposed requirement for describing corrective actions to space flight participants. Blue Origin, the Federation and the New Mexico Office for Space Commercialization were all concerned that an operator would have to disclose information that is restricted by the ITAR.

Blue Origin suggested a clarification to prevent a potential conflict between the FAA’s regulations, which require disclosure to a space flight participant who is a foreign national, and the ITAR, which would restrict or prohibit disclosure to the same foreign national. Blue Origin suggested that the FAA establish the same standard for disclosure to a U.S. and a foreign national. For example, the FAA should limit an operator’s disclosure obligation to only “general systems descriptions.” According to Blue Origin, this would track the ITAR’s exclusion of “general systems descriptions” from the ITAR’s regulation of “Technical Data” as defined in ITAR 22 CFR 120.10(a)(5). The FAA agrees and will require only a general system description. such that under § 460.45(f), if a space flight participant asks, an operator must describe each accident and unplanned event at a general system level. An operator need only disclose, for example, that there was a propulsion system explosion upon ignition. Blue Origin and the Federation commented that the proposed requirement of describing any corrective actions taken could require the disclosure of proprietary data and company secrets. The Federation commented that the intellectual property of its members could be placed at risk. Competitors could seek to fly on one another’s vehicles for the purpose of obtaining data. The FAA agrees with industry concerns that the proposed requirement of describing any systems in detail or any corrective actions could require the disclosure of proprietary data or technical sensitive information to space flight participants. Therefore, the FAA will require an operator to only disclose accidents and unplanned events if a space flight participant asks and then only at the system level. The FAA will no longer require an operator to also describe what corrective actions were taken to avoid proprietary or ITAR-related issues.


  1. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


No decision was made to provide any payment or gift to respondents.


  1. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.


Information collected, including company proprietary information, will be protected in accordance with the Freedom of Information Act. Furthermore, in accordance with § 413.9, any person furnishing information or data to the FAA may request in writing that trade secrets or proprietary commercial or financial data be treated as confidential. The request must be made at the time the information or data is submitted, and state the period of time for which confidential treatment is desired.


  1. Provide additional justification for any questions of sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.


No sensitive information is required.


12. Provide estimates of hour burden of the collection of information.


Presented below are estimates of cost for each section, as appropriate. The FAA assumes that the industry loaded hourly cost is estimated to be $69.40. In addition, the FAA examined two scenarios. The high mission estimate involves six commercial launch entities over 10 years, while the low mission estimate includes five commercial launch entities over 10 years. The high mission scenario estimated that there will be 10,142 launches over ten years, while the low mission scenario estimated 5,081 launches over ten years.


§ 460.9 Informing crew of launch risk.


14 CFR Part 460.9 requires an operator to inform in writing any individual serving as crew that the United States Government has not certified the launch vehicle as safe for carrying flight crew or space flight participants.

High estimate


This scenario will require 4 person-hours to prepare the initial documentation and one person-hour for each of 1,014.2 annual missions to update, administer and maintain the document. Hence the estimated annual hour burden to comply with §460.9 is:


Annual Hour Burden - (6 x 4)/10 + (1014.2 x 1) = 1016.6


The estimated average annual cost for companies to inform flight crew in writing that the Government has not certified the launch vehicle as safe is:


Annual Cost Burden - $69.40 x 1016.6 = $70,552


Low Estimate


This scenario will require 4 person-hours to prepare the initial documentation and one person-hour for each of 508.1 annual missions to update, administer and maintain the document. Hence the estimated hour burden is:


Annual Hour Burden - (5 x 4)/10 + (508.1 x 1) = 510.1


The estimated average annual cost for companies to inform flight crew in writing that the Government has not certified the launch vehicle as safe is:


Annual Cost Burden - $69.40 x 510.1 = $35,401


§ 460.19 Crew waiver of claims against U.S. Government.


14 CFR Part 460.19 requires each member of a flight crew to execute a reciprocal waiver of claims with the FAA in accordance with Part 440.


High Estimate:


This scenario will require 4 person-hours to prepare the initial documentation and one person-hour for each of 1,014.2 annual missions to administer the document and maintain it as a record. Hence the estimated annual hour burden for §460.19 is:


Annual Hour Burden - (6 x 4)/10 + (1014.2 x 1) = 1016.6


The estimated average annual cost for companies to prepare the paperwork for crew members to execute a reciprocal waiver of claims with the FAA is:


Annual Cost Burden - $69.40 x 1016.6 = $70,552



Low Estimate


This scenario will require 4 person-hours to prepare the initial documentation and one person-hour for each of 508.1 annual missions. Hence, the estimated hour burden is:


Annual Hour Burden - (5 x 4)/10 + (508.1 x 1) = 510.1


The estimated average annual cost for companies to prepare the paperwork for crew members to execute a reciprocal waiver of claims with the FAA in accordance with the requirements of Part 440 is:


Annual Cost Burden - $69.40 x 510.1 = $35,401



§ 460.45 Operator informing space flight participant of risks.


14 CFR Part 460.45 requires an operator to inform each space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type. The operator must present this information in a manner that is understandable to the space flight participant. The space flight participant must provide written informed consent. We assume the operator prepares the informed consent documents and obtain signatures from the space flight participant.


High Estimate:


This scenario will require 120 person-hours to prepare the initial launch risk and consent form documents. We estimate that two person-hours will be expended before each of the 613.1 annual missions carrying space flight participants to update and document safety record information and to maintain a record of the signed consent form. Hence, the estimated annual hour burden for §460.45 is:


Annual Hour Burden - (6 x 120)/10 + (613.1 x 2) = 1,298.2


The estimated average annual cost for companies to inform each space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, is:


Annual Cost Burden - $69.40 x 1,298.2 = $90,095


Low Estimate


This scenario will require 120 person-hours to prepare the initial launch risk and consent form documents. We estimate that two person-hours will be expended before each of the 307 annual missions carrying space flight participants to update and document safety record information and to maintain a record of the signed consent form. Hence the estimated annual hour burden for §460.45 is:


Annual Hour Burden - (5 x 120)/10 + (307 x 2) = 674


The estimated average annual cost for companies to inform each space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, is:


Annual Cost Burden - $69.40 x 674 = $46,776


§ 460.49 Space flight participant waiver of claims against U.S. Government:


14 CFR Part 460.49 requires that each space flight participant execute a reciprocal waiver of claims with the FAA.


High Estimate:


This scenario will require 4 person-hours to prepare the initial documentation for the space flight participant and one person-hour will be incurred for each of the 613.1 annual missions carrying space flight participants to administer the document and maintain it as a record. Hence, the estimated annual hour burden for §460.49 is:


Annual Hour Burden - (6 x 4)/10 + (613.1 x 1) = 615.5


The estimated average annual cost for companies to prepare the initial documentation for the space flight participant’s reciprocal waiver and to administer the document and maintain it as a record is:


Annual Cost Burden - $69.40 x 615.5 = $42,716


Low Estimate:


This scenario will require 4 person-hours to prepare initial documentation for the space flight participant and one person-hour will be incurred for each of the 307 annual missions carrying space flight participants to administer the document and maintain it as a record. Hence the estimated annual hour burden for §460.49 is:


Annual Hour Burden - (5 x 4)/10 + (307 x 1) = 309


The estimated average annual cost for companies to prepare initial documentation for the space flight participant and to administer the document and maintain it as a record is:


Annual Cost Burden - $69.40 x 309 = $21,445






High Estimate Annual Cost Summary


Part

Hours

Hourly Rate

Total

460.9

1,016.6

$69.40

$70,552

460.19

1,016.6

$69.40

$70,552

460.45

1,298.2

$69.40

$90,095

460.49

615.5

$69.40

$42,716

Total

3,946.9

$69.40

$273,915



Low Estimate Annual Cost Summary


Part

Hours

Hourly Rate

Total

460.9

510.1

$69.40

$35,401

460.19

510.1

$69.40

$35,401

460.45

674

$69.40

$46,776

460.49

309

$69.40

$21,445

Total

2003.2

$69.40

$139,023



Note: On Form 83i, the FAA estimated the answer to 13a as 5.5 respondents. This is the average of the number of launch operators under the high mission scenario (6) and the number under the low mission scenario (5). The FAA estimated the answer to 13b as 763.35. This was derived by taking the average of the number of times that the operator had to complete paperwork under the high and low mission scenarios. For the high mission scenario, 6 operators will need to complete initial documentation paperwork for each of the 4 new requirements (sections 460.9, 460.19, 460.45 and 460.49) as well as complete paperwork prior to each mission (10,142). For the low mission scenario, 5 operators will need to complete initial document paperwork for each of the 4 new requirements (sections 460.9, 460.19, 460.45 and 460.49) as well as completing paperwork prior to each mission (5,081). The FAA then averaged the high and low scenarios and divided by ten to get the total annual responses. The table below shows the derivation of the response to 13b.


Initial Documentation

Number of Missions

Total for 10 years

Total per year

24

10,142

10,166

1,016.6

20

5,081

5,101

510.1

Average



763.35



13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.


Total estimated cost of the rule is presented in item #12 above. No additional costs will be required. Other costs incurred by a respondent or recordkeeper, such as obtaining the services of contractors or acquiring additional electronic media or equipment, will be at their discretion and is optional and voluntary.


14. Provide estimates of annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, and other expenses that would not have been incurred without this collection of information.


The FAA finds that much of its application review practices under the rule will be consistent with current practice. However, the rule contains five discrete sections having new requirements that result in four new requirements 2 that will cause the FAA to perform additional effort in reviewing records pertaining to these sections as summarized in the table below. The FAA estimates that collectively these requirements will cause the FAA to expend as much as two person-hours to review each mission and ascertain compliance during oversight activities (e.g., inspection) at commercial operator facilities. The FAA expects to use GS-13 step 5 level personnel with a loaded hourly rate of $52.04 for this work.



Rule

Title

Potential

Effect

§ 460.9

Informing Flight Crew of Launch Risk

Review records

§ 460.19

Flight Crew Waiver of Claims Against U.S. Government

Review records

§ 460.45

Operator Informing Space Flight Participants of Risks

Review records

§ 460.49

Space Flight Participants Waiver of Claims Against U.S. Government

Review records

§ 440.17

Reciprocal Waiver of Claims Requirements

Review records



High Estimate


We estimate that the Federal government will expend two person hours to review each mission and ascertain compliance during oversight activities at commercial operator facilities at an average of 1,014.2 missions per year.

Annual Hour Burden – 2 x 1014.2 = 2,028.4


This will result in an estimated annual cost of $105,558.


Annual Cost Burden - $52.04 x 2,028.4 =$105,558


Low Estimate


We estimate that the Federal government will expend two person hours to review each mission and ascertain compliance during oversight activities at commercial operator facilities at an average of 508.1 missions per year.

Annual Hour Burden – 2 x 508.1 = 1,016.2


This will result in an estimated annual cost of $52,883.


Annual Cost Burden - $52.04 x 1,016.2 =$52,883.


15. Explain the reasons for any program changes or adjustments reported in Items 13 or

14 of the OMB Form 83-I.


This is a new collection, therefore it is a program change.


16. For collections of information whose results will be published, outline plans for tabulation

and publication. Address any complex analytical techniques that will be used. Provide the

time schedule for the entire project, including beginning and ending dates of the collection of

information, completion of report, publication dates, and other actions.


In general, the FAA/AST does not intend to publish this information. An exception would be the “publication” of the safety record of launch or reentry vehicles that have carried one or more persons on board, including both U.S. government and private sector vehicles. Publication would be in terms of making this information available on AST’s web site if the FAA chooses this option as discussed in section #8.


17. If seeking approval to not display the expiration date for OMB approval of the information

collection, explain the reasons that display would be inappropriate.


No approval is sought.


18. Explain each exception to the certification statement identified in Item 19, “Certification

for Paperwork Reduction Act Submissions,” of OMB Form 83-I.


There are no exceptions.


Attachments


    1. Supporting Statement

    2. Published NPRM

    3. Commercial Space Launch Amendments Act of 2004

    4. 14 CFR 440


1 Section 401.5 defines launch accident to mean a fatality or serious injury (as defined in 49 CFR 830.2) to any person who is not associated with the flight; any damage estimated to exceed $25,000 to property not associated with the flight that is not located at the launch site or designated recovery area; an unplanned event occurring during the flight of a launch vehicle resulting in the known impact of a launch vehicle, its payload or any component thereof: (i) for an expendable launch vehicle (ELV), outside designated impact limit lines; and (ii) for an RLV, outside a designated landing site.


2 Reciprocal waivers of claims required by proposed sections 460.19 and 460.49 are executed in accordance with proposed section 440.17.


File Typeapplication/msword
Authortaylor ctr dahl
Last Modified Bytaylor ctr dahl
File Modified2006-11-01
File Created2006-11-01

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