How does FAA enforce and monitor Commercial Space Transportation?

The FAA’s Office of Commercial Space Transportation (AST), Office of Operational Safety, Safety Assurance Division administers the safety inspection process and ensures proper development and maintenance of the Enforcement Program including adherence with all applicable FAA Orders and AST’s internal procedures. 

Our safety inspectors monitor pre-operational, operational and post operational phases of FAA regulated Commercial Space Transportation activities which can impact public safety and the safety of property.

Pre-operational activities include:

• Qualification, installation and testing of flight safety system components
• Mission readiness reviews
• Safety compliance and support reviews
• Safety working groups, and planning discussions
• Operational rehearsals, simulations, and exercises.

Operational activities include:

• Monitoring countdown procedures
• Operator communication processes
• Procedural execution
• Vehicle processing and preparation
• Safety critical operator/launch site personnel interaction
• Identifying non-nominal or public safety issues.

Post-operational activities include:

• Monitoring of post operational reviews
• Post flight/reentry evaluations
• Lessons learned discussions
• Documenting observed compliance and non-compliance
• Communicating and coordinating with operators to correct noncompliance issues

AST monitors licenses compliance with the Commercial Space Launch Act, the Commercial Space Transportation Licensing Regulations in Title 14 Code of Federal Regulations Chapter III, and the terms and conditions set forth in its license. A licensee shall allow access by, and cooperate with, federal officers or employees or other individuals authorized by the FAA to observe any activities of the licensee, or of the licensee's contractors or subcontractors, associated with the conduct of a licensed activity. We verify that licensees are operating in accordance with the representations contained in their application.

We must also ensure that no one is engaged in commercial space transportation operations illegally, that is, without a license.

For specific rules and regulations, see 49 U.S.C. Section 70104(a) (PDF) and 14 CFR Section 413.3. For small-scaled (amateur) rocket activities that are exempt from licensing, see 14 CFR Section 401.5.

AST's enforcement mechanisms include:

• Suspensions or Revocations, 49 U.S.C. Section 70107(c) (PDF) and 14 CFR Section 405.3
• Emergency Orders, 49 U.S.C. Section 70108 (PDF) and 14 CFR Section 405.5
• Civil Penalties, 49 U.S.C. Section 70115 (PDF) and 14 CFR Section 406.9

Compliance & Enforcement Workshop Slides

Compliance and Enforcement Program for Commercial Space Transportation Workshop Video
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Mishap Response Program

Prior to making a mishap determination following an anomalous event, the FAA considers two main criteria; the scope of authorized activities defined in the launch license, and the definition of a mishap, as defined in Title 14 Code of Federal Regulations (14 CFR) §§ 401.5 or 401.7, as applicable. If an anomalous event falls within the scope of FAA-authorized activities, it is then weighted against the mishap definition applicable to the launch authorization (e.g. Parts 417, 431, 450, etc.). If an event falls outside the scope of licensed activities, it is not considered an FAA-licensed activity and is therefore not subject to an FAA mishap determination. Events both falling within the scope of licensed activities and meeting mishap definition criteria are considered a mishap and subject to applicable emergency response, reporting, and mishap investigation requirements, including the implementation of preventative measures to avoid a recurrence of the event.

What is FAA's safety oversight role for Commercial Space Transportation?

The FAA is responsible for protecting the public during commercial space transportation launch and reentry operations. Public safety is at the core of the FAA licensing or permitting process. The FAA's role in safety oversight of licensees include safety inspections conducted before, during and after a launch or reentry; and in the event of a mishap during the investigation to ensure corrective actions are implemented to prevent a similar mishap occurence.

What constitutes a mishap?

What constitutes a mishap varies somewhat based on whether a valid FAA launch or reentry license was issued under the new regulations (14 CFR Part 450) or the prior regulations (14 CFR Part 415, 431, or 435). All FAA-issued commercial space licenses will be subject to the same definition of a mishap no later than March 2026.

See Streamlined Launch and Reentry License Requirements Final Rule (PDF) for additional information about mishaps (beginning on page 113 of the PDF).

For licenses issued under 14 CFR Part 450:

The new FAA regulations describe nine events (see below) that would constitute a mishap (14 CFR 401.7). The occurrence of any of these events, singly or in any combination, during the scope of FAA-authorized commercial space activities constitutes a mishap and must be reported to the FAA (14 CFR 450.173(c)).

• Serious injury or fatality
• Malfunction of a safety-critical system
• Failure of a safety organization, safety operations or safety procedures
• High risk of causing a serious or fatal injury to any space flight participant, crew, government astronaut, or member of the public
• Substantial damage to property not associated with the activity
• Unplanned substantial damage to property associated with the activity
• Unplanned permanent loss of the vehicle
• Impact of hazardous debris outside of defined areas
• Failure to complete a launch or reentry as planned

For licenses issued under 14 CFR Part 415, 431, or 435:

For licenses issued prior to the new licensing regulations, the mishap related definitions in 14 CFR 401.5 apply, including:

• Human space flight incident
• Launch or reentry accident
• Launch or reentry incident
• Mishap

What happens if a mishap occurs?

The FAA requires all licensed commercial space transportation operators to have an FAA-approved mishap plan containing processes and procedures for reporting, responding to, and investigating mishaps (14 CFR 450.173).

Following a mishap, an FAA-licensed operator is responsible for:

• implementing its mishap plan;
• activating emergency response services as necessary to protect public safety and property;
• containing and minimizing the consequences of a mishap;
• preserving data and physical evidence for later investigation;
• reporting the mishap to the FAA's Washington Operations Center; and
• filing a preliminary written report to the FAA's Office of Commercial Space Transportation within five days of the event.

What are key elements of a mishap investigation?

A mishap investigation is designed to further enhance public safety by determining the root cause of the event and identifying corrective actions the operator must implement to avoid a recurrence.

Based on the nature and consequences of the mishap, the FAA may elect to conduct an investigation into the event, or authorize the operator to perform the investigation in accordance with its approved mishap plan.

During an investigation conducted by the operator, the FAA will provide oversight to ensure the operator complies with its mishap investigation plan and other regulatory requirements. In addition, the FAA will coordinate response planning with the National Aeronautics and Space Administration (NASA), the National Transportation Safety Board (NTSB) and with Federal launch ranges operated by the U.S. Space Force, as needed.

Depending on circumstances, some mishap investigations might conclude in a matter of weeks. Other more complex investigations might take several months.

When does the vehicle-type involved in the mishap return to flight?

A return to flight operations of the vehicle-type involved in the mishap is ultimately based on public safety. The FAA must determine that any system, process, or procedure related to the mishap does not affect public safety or any other aspect of the operator’s license. This determination can be made in one of two ways.

FAA acceptance of final mishap investigation report: The operator-led mishap investigation final report must be completed including identification of any corrective actions. The FAA will review the report, and if accepted, the mishap investigation is closed. The corrective actions then must be implemented, and all relevant licensing requirements met before a return to flight operations. 

FAA Return to Flight Determination: After a mishap, an operator may submit a request to the FAA to return its vehicle to flight prior to the completion of the mishap investigation.  The request must be supported by information that demonstrates:

1. Preventive measures have been identified and implemented for avoiding recurrence of the mishap prior to the next flight per § 417.111(h)(5) and § 450.173(f).
2. The mishap did not jeopardize public safety and that further flight operations would not result in an unacceptable risk to public safety or property, or
3. Public safety risks resulting from the mishap have been sufficiently mitigated prior to continued flight operations. 

The FAA will review the request, and if in agreement, authorize a return to flight operations while the mishap investigation remains open. The operator must continue to meet all applicable licensing requirements, which may include a license modification if corrective actions for return to flight involve changes that are material to public safety. 

The FAA takes several factors into consideration when making its determination, which include, but are not limited, to:

• The nature and consequences of the mishap, to include the flight path of the vehicle relative to the boundaries of normal flight and the generation of any unplanned debris. 
• The performance of the operator’s safety organization.
• The performance of safety critical systems, especially the flight safety system relative to the approved mission rules.
• The continued validity of the operator’s Flight Safety Analysis.
• The continued validity of the operator’s Functional Hazard Analysis.
• The potential for any Environmental Impacts resulting from the mishap.