Commercial human spaceflight is a rapidly growing industry, with companies like SpaceX, Blue Origin, Virgin Galactic and others aiming to make space tourism and travel more accessible. As these activities increase in frequency, ensuring the safety of crew, passengers and the uninvolved public is paramount.
In September 2023, the U.S. Department of Transportation (DOT) submitted a report to Congress identifying commercial human spaceflight activities most appropriate for a new safety framework that may include regulatory action. This report, required under Title 51 U.S. Code § 50905(c)(7), was developed in consultation with the commercial space industry and the Commercial Space Transportation Advisory Committee (COMSTAC).
The report provides an overview of the current state of the industry, reviews readiness indicators for transitioning to a new safety framework, identifies activities most appropriate to include in the framework, and outlines a plan for making this transition as the current regulatory moratorium or “learning period” expires.
Industry Growth and Readiness Indicators
Commercial human spaceflight activity has grown significantly in recent years. As of April 2024, there have been 37 FAA-licensed commercial human spaceflights with no fatalities or serious injuries to date.
The DOT report reviewed several readiness indicators to determine if both industry and the FAA are prepared to transition to a new safety framework. These fall into three categories:
- Industry readiness – Considers the purpose of human spaceflight (adventure, occupation, transportation), size and complexity of the industry, and overall safety record.
- Industry progress on safety – Looks at voluntary safety reporting systems, development of consensus standards, and compliance with standards.
- FAA readiness – Examines FAA’s authority to implement a new framework and its expertise in human spaceflight safety.
Based on these indicators, the report concludes that both industry and the FAA are ready to begin developing a safety framework. While voluntary safety reporting and consensus standards are still limited, the industry has grown in size and capability. The FAA has also been engaging with industry partners and building internal expertise to prepare for expanded oversight responsibilities.
Activities for New Safety Framework
The report identifies several key activities that a comprehensive set of human spaceflight safety standards should address, spanning vehicle design, manufacturing, and operations:
Design
- Human needs and accommodations
- Human protection from spaceflight stressors
- Vehicle flightworthiness
- Human/vehicle integration
- System safety engineering
Manufacturing
- Quality assurance, testing, configuration management
Operations
- Safety management
- System safety principles
- Plans, procedures, rules
- Medical considerations
- Training for crew, passengers, ground personnel
An independent study by the Aerospace Corporation, commissioned by the FAA, also highlighted three common components found in effective safety frameworks across other transportation sectors like aviation, automotive, and maritime:
- People – Humans are fundamental and can both introduce and mitigate risks
- Safety Culture – Allows people to identify hazards without fear of retribution
- Data Collection and Analytics – Enables proactive risk management vs reacting to accidents
These elements, combined with industry consensus standards, best practices, regulations, oversight, inspections, accident investigations, and more, provide a foundation for building the commercial human spaceflight safety framework.
Transition Plan
The FAA plans to transition from the current informed consent regime, where passengers are notified of risks, to a more robust safety framework through a phased approach as the industry develops.
In the near-term, key activities include:
- Publishing updated Recommended Practices for Human Space Flight Occupant Safety to guide development of industry consensus standards (note that the updated document was published September 2023)
- Chartering a Human Space Flight Occupant Safety Aerospace Rulemaking Committee (SpARC) in 2023 to gather industry input on future regulations (note that the charter was established as of April 2023)
- Leveraging expertise of current FAA staff and recruiting new hires to support expanded oversight
The SpARC will submit recommendations to the FAA within 18 months on the scope of occupant safety regulations and oversight mechanisms. This will inform a Notice of Proposed Rulemaking, followed by a public comment period, with a final rule projected within 5 years.
Longer-term, the safety framework will continue to evolve with the industry. Performance-based regulations can provide flexibility for innovation while still ensuring high safety standards. The FAA will also work with other agencies on issues like in-space rescue and clarifying international treaty language around commercial spaceflight.
Challenges and Next Steps
While the industry has made significant strides, challenges remain that could impact the transition to a new safety framework. The development of voluntary consensus standards has been slower than anticipated, in part due to the cost and limited availability of subject matter experts. A lack of statutory protections for safety data, like those in aviation, may also discourage information sharing.
Additionally, the FAA faces ongoing hiring and workforce constraints. Recruitment for specialized human spaceflight safety positions has been difficult, though the agency is exploring new strategies and incentives to attract talent.
Despite these hurdles, the FAA remains committed to collaborating with industry to ensure the safety of crew and spaceflight participants without stifling innovation. Continued engagement through forums like COMSTAC and the SpARC will be critical.
Other priorities include supporting the development of robust industry consensus standards, investing in research on human spaceflight safety issues and technologies, and promoting a positive safety culture industrywide. Establishing agreements for safety data sharing and protection between the FAA and individual operators could help facilitate a proactive approach to risk management.
Conclusion
The commercial human spaceflight industry has made remarkable progress in a relatively short period of time. As the frequency and scope of these activities continue to expand, ensuring the safety of those on board and on the ground is paramount.
The FAA’s report to Congress outlines a path forward for transitioning from the current moratorium on occupant safety regulations to a more comprehensive safety framework. This will require close collaboration between the agency, industry stakeholders, and other government partners.
While challenges remain, the potential benefits are significant. A well-designed safety framework can provide a stable foundation for the industry’s long-term growth and success, enabling continued U.S. leadership in the commercial exploration of space.