FAA To Virgin Galactic: No Flights Until Anomaly Investigation Is Done

Hours after Virgin Galactic announced plans for its next suborbital spaceflight, the FAA issued a statement that the company may not fly until its investigation is completed into anomalies on the July 11 flight that took Richard Branson into space. The anomalies were revealed in a New Yorker story yesterday.

Yesterday, New Yorker journalist Nicholas Schmidle reported that the flight experienced problems that could have imperiled the six people aboard — Branson and five of his Virgin Galactic employees, including two pilots — but ultimately landed safely.

This was the 22nd flight of SpaceShipTwo Unity, Unity 22, but only its fourth trip above the imaginary line that separates air and space, which Virgin Galactic and the FAA draw at 50 miles (80 kilometers). The spacecraft separates from its carrier aircraft at about 45,000 feet (13,700 meters), fires its rocket engine to reach space, and then glides back to Earth, all in less than 15 minutes. It does not go into orbit.

According to Schmidle, Unity’s descent flight path was too shallow, triggering alarms in the cockpit. Although the pilots regained control and landed safely, Unity strayed outside its FAA-designated airspace for 1 minute and 41 seconds of its 14-minute spaceflight.

The FAA confirmed yesterday it is investigating the incident.

Today, Virgin Galactic announced plans for its next suborbital spaceflight, Unity 23, with three Virgin Galactic employees, two Italian Air Force officers, and a researcher from the National Research Council of Italy (CNR–Consiglio Nazionale delle Richerche).

Our next test spaceflight, #Unity23, will be our first commercial research mission. Flying aboard VSS Unity will be three Virgin Galactic crew and two @ItalianAirForce Officers and a research specialist from @CNRsocial_. Learn more; https://t.co/VzMJqvbNx4 pic.twitter.com/sbvk4XY1sK

— Virgin Galactic (@virgingalactic) September 2, 2021

The FAA then issued a statement that Virgin Galactic “may not” make another flight until the mishap investigation is concluded.

“The FAA is responsible for protecting the public during commercial space transportation launch and reentry operations. The FAA is overseeing the Virgin Galactic investigation of its July 11 SpaceShipTwo mishap that occurred over Spaceport America, New Mexico. SpaceShipTwo deviated from its Air Traffic Control clearance as it returned to Spaceport America.

“Virgin Galactic may not return the SpaceShipTwo vehicle to flight until the FAA approves the final mishap investigation report or determines the issues related to the mishap do not affect public safety.”

Virgin Galactic is pushing back against what it calls “misleading characterizations and conclusions in the New Yorker article” and insists it is working “in partnership” with the FAA to address the situation. In a statement emailed to SpacePolicyOnline.com early this morning, hours after we published our initial report, the company gave its side of the story.

“The safety of our crew and passengers is Virgin Galactic’s top priority. Our entire approach to spaceflight is guided by a fundamental commitment to safety at every level, including our spaceflight system, our test flight program and our rigorous pilot training protocol.

“Unity 22 was a safe and successful test flight that adhered to our flight procedures and training protocols. When the vehicle encountered high altitude winds which changed the trajectory, the pilots and systems monitored the trajectory to ensure it remained within mission parameters. Our pilots responded appropriately to these changing flight conditions exactly as they have been trained and in strict accordance with our established procedures. Although the flight’s ultimate trajectory deviated from our initial plan, it was a controlled and intentional flight path that allowed Unity 22 to successfully reach space and land safely at our Spaceport in New Mexico. At no time were passengers and crew put in any danger as a result of this change in trajectory.

“The Unity 22 flight further reaffirmed our technical readiness, our rigorous pilot training program and the inherent safety of our spaceflight system, particularly in light of the changing flight conditions. As we move towards commercial service, we are confident we have the right safety culture, policies and processes in place to build and operate a safe and successful business over the long term.”

As for the FAA investigation, Virgin Galactic added:

“Although the flight’s ultimate trajectory deviated from our initial plan, the Unity 22 flight did not fly outside of the lateral confines of the protected airspace. As a result of the trajectory adjustment, the flight did drop below the altitude of the airspace that is protected for Virgin Galactic missions for a short distance and time (1 minute and 41 seconds) before re-entering restricted airspace that is protected all the way to the ground for Virgin Galactic missions. At no time did the ship travel above any population centers or cause a hazard to the public. FAA representatives were present in our control room during the flight and in post-flight debriefs. We are working in partnership with the FAA to address the airspace for future flights.”

In a second statement today after the FAA issued the no-fly directive, the company reiterated its position.

“As we have previously stated, we are working in partnership with the FAA to address the short time that the spaceship dropped below its permitted altitude during the Unity 22 flight. We take this seriously and are currently addressing the causes of the issue and determining how to prevent this from occurring on future missions. Although the flight’s ultimate trajectory deviated from our initial plan, it was a controlled and intentional flight path that allowed Unity 22 to successfully reach space and land safely at our Spaceport in New Mexico. At no time were passengers and crew put in any danger as a result of this change in trajectory, and at no time did the ship travel above any population centers or cause a hazard to the public. FAA representatives were present in our control room during the flight and in post-flight debriefs.” 

“We have been working closely with the FAA to support a thorough review and timely resolution of this issue.”

The July 11 mission was a test flight, not a commercial human spaceflight with paying passengers. The FAA’s role from a spaceflight perspective is to protect public safety, not that of the occupants, and it also has responsibility for Air Traffic Control. Those appear to be the focus of the investigation.

Even if it had been a commercial spaceflight with paying passengers, a 2004 law — the Commercial Space Launch Act Amendments — sharply limits the FAA’s authority.  Commercial spaceflight advocates did not want to stifle an emerging industry by over-regulation. As long as passengers give “informed consent” that they understand and accept the risks, the law’s authors argued the government should not stand in their way, likening it to the barnstorming era of aviation. The law established an 8-year “learning period” for the industry during which the FAA could not propose additional regulations unless there was a serious or fatal injury or high risk thereof. That “moratorium” on additional regulations has been extended several times because it has taken so much longer than anticipated for commercial human spaceflights to commence. It is now due to expire in 2023.

The era of U.S. commercial human spaceflight has finally arrived, however, not with Unity 22, but with Blue Origin’s New Shepard suborbital flight nine days later. It carried the first paying passenger on a U.S. spaceflight: Dutch teenager Oliver Daemen whose father paid an undisclosed amount that is thought to be in the double-digit millions.

The next U.S. commercial human spaceflight is coming up in just 13 days and this one will go into orbit. The four-person Inspiration 4 crew, all private citizens with no spaceflight experience, will launch aboard a SpaceX Crew Dragon on September 15 from Kennedy Space Center for three days orbiting Earth.