MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

NATIONAL TRANSPORTATION SAFETY BOARD 

DEPARTMENT OF THE AIR FORCE 

AND FEDERAL AVIATION ADMINISTRATION 

REGARDING SPACE LAC:NCH ACCIDENTS 

BACKGROUND AND PURPOSE 

Commonality of launch vehicles, launch vehicle systems, components, and launch range safety 

systems exists for launches conducted under launch licenses issued by the Federal Aviation 

Administration ("FAA") and launches conducted by and for the United States Air Force 

("USAF"). The FAA and the USAF therefore require timely knowledge of the facts and 

circumstances of commercial space launch accidents. In accordance with the attached agreement 

between the National Transportation Safety Board ("NTSB") and the Federal Aviation 

Administration Associate Administrntor for Commercial Space Transportation ("AST"), the 

NTSB may lead investigations of certain commercial space launch accidents. This MOU and 

the attached NTSB-AST agreement establish the relationship between the NTSB, USAF and 

FAA ("the parties") during space launch accidents, and guide the parties' exchange of accident 

information and participation in an accident investigation. 

INVESTIGATIONS 

The parties agree that either AST or NTSB will lead investigations of commercial space launch 

accidents, pursuant to the terms of the NTSB-AST agreement, and that the USAF will lead 

investigations of accidents involving USAF certified launches. 

In the event NTSB leads an investigation of a commercial space launch accident in accordance 

with the NTSB-AST agreement, NTSB will permit, upon request of the USAF, appropriate 

USAF personnel to participate as official observers to the NTSB investigation. USAF may also 

be offered "party status" to an NTSB investigation, in accordance with the provisions of 

49 C.F.R. Part 831, in appropriate circumstances. 

Personnel observing or participating in an investigation will be under the control and direction of 

the lead agency's chief investigator (e.g., NTSB "Investigator-In-Charge," FAA "Investigator-inCharge," or USAF "Safety Investigation Board President"). All such personnel will follow the 

lead agency's rules regarding the handling or release of information or other evidence collected 

during an investigation. 

CONFIDENTIAL NATURE OF NTSB ACCIDENT INVESTIGATIONS 

All NTSB investigation data, information, documents or other material obtained by USAF or 

USAP personnel in the course of an accident investigation led by NTSB shall be treated as 

confidential (not in the classified sense, but, rather, in the sense that it is subject to claim of 

governmental and/or other privilege) and not disclosed in any manner without the written 

consent of the NTSB Investigator-in-Charge. This restriction also applies to all accident 
investigation work performed by USAF or USAF personnel in support of an investigation led by 

NTSB, and any such information or documents will be considered the confidential work product 

of the NTSB. In addition, any Freedom of Information Act (FOIA) request, subpoena, or other 

request for such information that is directed to USAF or USAF personnel will be referred to the 

NTSB for resolution. 

CONFIDENTIAL NATURE OF USAF SAFETY INVESTIGATIONS 

In USAF led investigations of space launch accidents or mishaps, the NTSB (if they participate) 

and FAA agree to abide by the rules in DoD and USAF instructions on safeguarding safety 

information protected by the military safety privilege; DoDI 6055.7, Accident Investigation, 

Reporting, and Record Keeping, and AFI 91-204, Safety Investigation and Reports. Information 

collected by or for a USAF safety investigation may only be released to the NTSB or FAA 

during the investigation by the safety board president with the consent of the convening authority 

chief of safety. If USAF safety investigators discover a critical safety concern applicable to 

commercial launches, that infom1ation will be provided to the FA A, NTSB and others in 

accordance with AFI 91-204. Any FOIA request, subpoena, or other request for safety 

information protected by the military safety privilege that is directed to FAA or NTSB personnel 

will be referred to the USAF for resolution. 

DURATION, MODIFICATION AND TERMINATION 

This MOU becomes effective upon signature by all parties, and shall remain in effect until 

cancelled. Any modifications Lo this MOU must be in writing and signed by all parties. 

Director, Office of Aviation Safety 

National Trnnsportation Safety Board 

Associate Administrator for 

Commercial Space Transportation 

Federal Aviation Administration 

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POINTS OF CONTACT 

I Notification Information 

During Office Hours 

Air Force Safety Center AFSC/SES 

Space Safety Division Phone: (505) 846-9897 

AFSC/SES Fax: (505) 846-6027 

9700 G. Avenue SE, Suite 120 

Kirtland AFB NM 87117-5670 

National Transportation Safety Board Robert Benzon 

Office of Aviation Safety Phone: (202) 314 6313 

Major Investigations Div. Fax: (202) 314-6319 

490 L'Enfant Plaza East, S.W. 

WashinQton D.C. 20594-2000 

Federal Aviation Administration AST-200 

Office of Commercial Space Transp. Phone: (202) 267-7793 

Mgr., Licensing and Satety Div. Fax: (202) 267-5450 

800 lndependenceAvenue,SW 

WashinQton, D.C. 20591-0001 

Notification Information 

After Office Hours 

Kirtland AFB Command Post 

Phone: (505) 846-3776 

Fax: (505) 846-4733 

NTSB Comm Center 

Phone: (202) 314-6290 

Fax: (202) 314-6293 

FAA Operations Center 

Phone: (202) 267-3333 

Fax: (202)267-5289 

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APPENDIX H 

FEDERAL AVIATION ADMINISTRATION 

ASSOCIATE ADMINISTRATOR FOR COMMERCIAL SPACE TRANSPORTATION 

This Appendix H is an appendix to the ''Reimbursable Memorandum 

of Agreement Between Department of Transportation and National 

Transportation Safety Board" entered into on May 15, 1975 and 

establishes the relationships, notification procedures, 

coordination requirements, and reporting responsibilities of the 

Federal Avi~tion Administration's (FAA) Associate Administrator 

for Commercial Space Transportation (AST), and the National 

Transportation Safety Board (NTSB) in connection with accident 

investigations associated with commercial space launch 

activities, and identifies areas in which exchange of data and 

use of resources or services of one agency by another may be 

requested. 

1. ACCIDENT INVESTIGATION 

NTSB will investigate all commercial space launch accidents 

resulting in: 

a. Known impact of a commercial launch vehicle, its payload 

or any component thereof outside the impact limit lines 

designated by the launch range facility; or 

b. A fatality or serious injury (as defined in 49 CFR 

830_2) to any pcroon who is not d~~ociated with 

commercial space launch activities and who is not 

located on the launch range facility; or 

---~- ----.... ~·- c. Any dciJruf~stimated to exceed $25,000 to property which 

is not asscic.:i.ate<;l with commercial space launch 

acti vi tiep,a-and-which is not located on the launch range 

facility.\ 

·, 

Nothing in this a~reement impairs the authority of the NTSB to 

investigate any qther commercial space launch accident which, in 

the judgement of 1i:he Board, is subject to Section 304 (a) (1) (F} • ~.,,-, -. ,.,.f " of the Indepenoent Safety Board Act of ;1974. 

Any other investigations of cQ~~cia1 space launch accidents by 

NTSB, other than those described'· above, will be subject to the 

mutual agreement of NTSB and FAA. 
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2. ACCIDENT NOTIFICATION 

NTSB and FAA agree to notify each other promptly of the 

occurrence of all commercial space launch accidents which NTSB 

will investigate as provided for in p~ragraph 1. 

3. ACCIDENT INVESTIGATION PROCEDURES 

The following general procedures govern investigations of 

commercial space launch nccidents by NTSB: 

a. The accident investigation will be under the control and 

direction of the NTSB investigator-in-charge {IIC). 

b. NTSB will be solely responsible for releasing factual 

information on the investigation to the public and will 

assign the official spokesperson for the investigation. 

c. FAA shall be designated by NTSB as a party to each 

accident investigation and public hearing, and will in 

turn designate a principal representative as the FAA 

coordinator for each accident. · -: · 

d. Selection of FAA/AST personnel to participate in the 

investigation shall be determined by the FAA coordinator 

and subject to approval by the NTSB IIC. The 

coordinator shall work with the IIC in conducting his or 

her activities . 

e. FAA peri=:onnel assigned to a particular inve::.Ligative 

group shall work under the direction of the group 

chairperson and shall remain with the assigned group 

until that phase of the investigation has been completed 

or they are released by the IIC and the FAA coordinator. 

They will submit to the group chairperson whatever 

information they obtain during the course of the 

investigation. 

f. The rrc shall keep the FAA coordinator informed of the 

progress of the investigation. 

g. Pertinent records obtained andl factual reports prepared 

during the investigation shall be made available to 

FM/AST through the FM coordinator in a timely and 

orderly manner. ' 
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h. In the event additional facts are needed by FAA/MT but 

not required by NTSB, they may be obtained by the FAA 

coordinator following notification of t.he NTSB IIC, on 

the condition that it doe~ not interrere with the ongoing NTSB investigation. In obtaini9ng such facts, FAA 

personnel shall make it clear that they are not acting 

under NTSB direction. In addition, the FAA coordinator 

shall notify the NTSB IIC of any FAA intent to take any 

enforcement action, if the NTSB investigation is not yet 

compleLed. 

i. Subject to the provisions of Section 304(a) (1) (F) of the 

Independent Safety Board Act of 1974, as amended, 

nothing in this agreement impairs the authority of 

FAA/AST to conduct investigations of accidents under 

applicable provisions of law or to obtain information 

directly from parties involved in, and witnesses to, a 

commercial space launch accident. 

j. The NTSB IIC shall not release any wreckage until 

FAA/AST agrees that it is no longer needed.. . In the 

event FAA/MT requests NTSB to retain cont~ol of any 

wreckage for a period of time beyond NTSB's 

investigative needs, that period of time shall not 

exceed 60 days from the date of request. FAA/AST shall 

be responsible for the storage and security costs, if 

any, for this additional time. 

4. EXCHANGE OF INFORMATION 

NTSB and FAA will each provide to the other copies of all 

accident reports, research reports, studies and other documents 

normally available to the public upon request. In addition, 

NTSB and FAA shall each have access to the other's accident data 

files and tapes on a continuing basis. 

Approved 

... ociate Admin!.stra or for Commercial; -ff!!iL Date 

Space Transportation 

J:i~d S'. t-3-oo 4t!t,, 

National Transportation Safety Board Date