The Origin and Practice of U.S. Commercial Human Space Flight Regulations

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International Astronautical Congress 2008 - Glasgow

THE ORIGIN AND PRACTICE OF U.S. COMMERCIAL HUMAN SPACE FLIGHT REGULATIONS

Dr. George Nield, Associate Administrator for Commercial Space Transportation, Federal Aviation Administration Washington, DC, U.S.A. [email protected]

D. Brooke Owens Federal Aviation Administration Washington, DC, U.S.A. [email protected]

John Sloan Federal Aviation Administration Washington, DC, U.S.A. [email protected]

Abstract 1. Introduction:

The commercial human space flight Commercial space transportation in the regulatory regime in the United States is the United States began in the 1980s as result of deliberate reasoned policy choices government vehicles were privatized and by the federal government. The regulations new companies recognized business and the legislation that spawns them are the opportunities. To protect public safety, the outgrowth of American air and space flight U.S. government created a single agency history. They are also the result of the authority in 1984 in the Department of government's belief that private enterprise Transportation under the Commercial Space has the acumen, will, and technical ability to Launch Act. Regulatory responsibility and make commercial human space flight a promotion authority was given to the Office successful independent business. This paper of Commercial Space Transportation, which illustrates the pioneering evolution of the is now within the Federal Aviation commercial human space flight regulatory Administration (FAA). Although the law regime in the United States and highlights was originally enacted to regulate the Federal Aviation Administration’s expendable launch vehicle operations and current role in the commercial space non-federal launch site operations, the FAA transportation industry. The commercial and the Congress have been proactive in space industry is young, as are its regulatory responding to the growth of the commercial overseers, and evolutions in technology and space transportation industry by expanding operations will occur. The FAA will track the law and it’s implementing regulations, to those developments and make course cover the emergence of reusable launch corrections as necessary, ever mindful of the vehicles and private human space flight. capabilities and limitations of the industry, This paper will detail regulatory approaches while still fulfilling its Congressional taken by the U.S. Government from its past mandates. and present including the landmark 2004 Commercial Space Launch Amendments Act and its implementation. The paper will

1 also identify future challenges for both the been introduced, and the first air mail U.S. and global community as the experiments had been flown. It was in April commercial space transportation industry of 1912 that Connecticut adopted the continues to evolve. Connecticut State Air Regulation, becoming the first state to enact legislation.3 It is interesting to note that the first U.S. 2. Historical U.S. Aviation Analog activities regulating aviation were actually municipal and state actions. From aviation barnstormers to commercial spaceships, the FAA and its predecessor The first regular, U.S. domestic air- organizations have evolved cutting edge passenger service started on New Year’s technology and milestone regulatory Day in 1914. The St. Petersburg-Tampa approaches. It is helpful to briefly review the Airboat Line offered service across the 21 history of U.S. aviation and the development mile distance between its two namesake of its associated regulatory framework as an cities in just 23 minutes. Flying two-seater analog to the commercial space Benoist XIV flying boats, the operation transportation industry and regulatory could only take one passenger per trip, process. although “occasionally a second passenger sat in the lap of the first.” The fee was five On December 17, 1903, the Wright Brothers dollars. A second plane was acquired, this made aviation history by conducting the first one equipped to carry two passengers. sustained and controlled powered manned Although the airboat line only stayed in flight,1 but two decades would pass before business four months, they flew some 1,205 federal legislation installed a regulatory passengers 11,000 miles.4 framework for aviation. In the interim, aviation moved ahead in an uneven process 2.1. Federal Organization Steps and Laws of trial and error. In May of 1908, Charles The National Advisory Committee for Furnas, a mechanic for the Wrights, became Aeronautics (NACA) was established by an the first airplane passenger. That same year, act of Congress in 1915. President Wilson Lt. Thomas Selfridge, flying as a passenger, personally appointed the first Committee became the first fatality in aviation history. members who were tasked with Orville Wright, the pilot that day, survived investigating the problems associated with with serious injuries. Just two months flight and how those problems might be earlier, the community of Kissimmee, addressed. But it was not until ten years later Florida had adopted a municipal ordinance that President Coolidge signed the Kelly dealing with limits of flights and annual Act.5 The Kelly Act transferred supervision licensing, perhaps the first example of of the domestic air mail from the Post Office aviation legislation.2 and turned it over to private industry. The Act laid the groundwork for a robust air Unregulated flight continued. In 1911, transportation industry as it, through mail Calbraith Rodgers had completed the first contracts, provided the private companies U.S. transcontinental series of flights. with a means to earn revenue. This allowed Beginning in Long Island, Rodgers traveled them to develop their passenger and cargo 3,390 miles over the course of 49 days, business. In the fall of the same year, crashing some 15 times. Due to the President Coolidge created the President’s excessive amount of crashes and the Aircraft Board (often called the Morrow resulting repairs, only one strut and the Board). The Board was tasked to rudder remained of the original equipment “recommend a U.S. air policy related to the upon arrival in Pasadena, California. By development of aircraft as primary vehicles 1912, the Wright Company had been of peaceful air commerce.”6 incorporated; the first airmail legislation had

2 The 1920s saw a proliferation of Lindbergh’s flight in pursuit of the $25,000 barnstormers with the return of World War I Ortieg Prize captivated public interest and fliers to America and widely available ignited a major aviation boom. Despite surplus planes. There were almost no safety Lindbergh’s achievement, the first regulations at any government level. Flying commercial nonstop transatlantic service did for entertainment was popular. By 1926, the not occur for another 28 years.10 aviation industry was demanding federal legislation to improve and maintain safety At the time of Lindbergh’s flight, there were standards so the airplane’s full commercial only 30 planes in America that could be potential could be reached. considered airliners, offering a total 200 seats.11 But from 1932 to 1940, the number The May 1926 Air Commerce Act was the of airplane miles flown in the United States cornerstone of the Federal government's grew from 45 million to 120 million miles regulation of civil aviation. “The Act while the number of passengers increased charged the Secretary of Commerce with from about 474,000 to 2.9 million.12 fostering air commerce, issuing and enforcing air traffic rules, licensing pilots, 2.3. The Civil Aeronautics Act, Chicago certificating aircraft, establishing airways, Convention, and Birth of the FAA and operating and maintaining aids to air With the Civil Aeronautics Act of 1938, navigation.”7 The Department of Commerce federal civil aviation responsibilities were certified pilots and aircraft, built a system of transferred from the Department of lighted airways (taking over for the Post Commerce to the newly created Civil Office Department), improved radio Aeronautics Authority (CAA). The communications and introduced beacons for government was also empowered to air navigation.8 determine air carrier routes and regulate airline fares. President Roosevelt sent the Another noteworthy historical milestone CAA back to the Department of Commerce also occurred in 1926 with the establishment and split it into two parts. The surviving of the Guggenheim Foundation. The Daniel CAA was given responsibility for air traffic Guggenheim Fund for the Promotion of control, safety enforcement and aircraft Aeronautics was created to “awaken the certification while a new Civil Aeronautics American public to the potentialities of Board (CAB) was given the jobs of accident commercial aviation,” funding a safe aircraft investigation, rulemaking for safety and competition, establishing collegiate airline economic regulation.13 programs in aeronautical engineering, and funding the development of flight by The United States invited 55 instrument. The Foundation, with its nations/aviation authorities to a conference $2,500,000 fund, is an example of private in Chicago in 1944 that created the involvement to advance aviation.9 Similar International Civil Aviation Organization private activities would surface in the (ICAO), known as the Chicago Convention. commercial space transportation industry in With agreement by 32 nations, ICAO was the coming years. established to reach levels of uniformity in international aviation. According to an 2.2. Lindbergh’s Flight and Growth of ICAO history summary, “[t]he most Aviation important work accomplished by the Several milestones and aviation “firsts” Chicago Conference was in the technical would be recorded as the industry advanced. field because the Conference laid the Particularly significant is the first foundation for a set of rules and regulations transatlantic nonstop solo flight conducted regarding air navigation as a whole which by Charles Lindbergh from Long Island to brought safety in flying a great step forward Paris in 1927. Historians hold that and paved the way for the application of a

3 common air navigation system throughout With U.S. expendable launch vehicles the world.”14 scheduled to be phased out from government service and payloads shifted to the new In the U.S., after a series of midair collisions Space Shuttle, private companies saw and general recognition of the approaching opportunities to compete with the Shuttle passenger jet era, Congress created the and Europe’s Ariane launch vehicle to Federal Aviation Agency (FAA) with the launch communications and other satellites. Federal Aviation Act of 1958. The FAA Arianespace penetrated the U.S. market replaced the CAA and centralized a common when GTE Spacenet signed a contract to civil-military air navigation and air traffic launch on an Ariane rocket in 1982. control system while taking safety Furthermore, the stage was set for a new rulemaking away from the CAB.15 With the approach to commercial space launch after establishment of a presidential cabinet level the bureaucratic difficulties encountered by Department of Transportation (DOT) in Space Services Incorporated. The privately 1966, the FAA became part of DOT and its funded Space Services had to go through 18 name was changed to the Federal Aviation different U.S. government agencies and 22 Administration in 1967. Economic different federal statutes to conduct a regulation of the airlines stopped with the commercially operated suborbital test passage of the Airline Deregulation Act of launch.17 The successful launch occurred in 1978, which marked the beginning of the September 1982 from the Texas coast. end of the CAB. It was eliminated in 1984. In May 1983, a presidential directive declared that the U.S. government would 3. The Origin of U.S. Commercial Space endorse and facilitate commercial operation Transportation Regulations of existing and new expendable launch vehicles (ELVs) by the private sector. The Unlike aviation, space transportation began directive stated that the government would as a government-run endeavor, because of license, supervise and/or regulate operations its high development cost and strategic only to the extent required to meet national importance. While commercially operated and international obligations and to ensure satellites had been around since 1965, it was public safety. It also said the government not until the 1980s that space launch would encourage use of its national launch operations moved into the commercial realm ranges but would not subsidize commercial in the United States. One of the key policy ELVs.18 Later that year in November, themes of the Reagan Administration was to President Reagan designated the Department privatize applicable government activity. of Transportation (DOT) as the lead agency The 1982 National Space Policy stated that for commercialization of ELVs. The the government “encourages domestic Department of Commerce campaigned hard commercial exploration of space for leadership but DOT successfully argued capabilities, technology, and systems for that ELVs were a mode of transportation national economic benefit” and that the and that regulation and promotion were government will “…provide a climate similar to duties performed at that time by conducive to expanded private sector the Federal Aviation Administration, which investment and involvement in civil space was part of DOT.19 activities, with due regard to public safety and national security. Private sector space 3.1. Establishment of a U.S. Regulatory activities will be authorized and supervised Authority or regulated by the government to the extent In February 1984, the president signed required by treaty and national security.”16 Executive Order 12465, which formalized the role of DOT and instructed it to promote and encourage the development of

4 commercial ELV activities. The order whether the vehicle’s mission was directed the Secretary of Transportation to successful. That was left as the identify federal statutes, treaties, regulations responsibility of the commercial launch and policies that may have adverse impact operator. In addition, the FAA would not on ELV commercialization efforts.20 DOT “certify” a launch vehicle, in contrast to Secretary Elizabeth Dole established the commercial airplanes that carry people for Office of Commercial Space Transportation hire. For commercial space launch, the FAA (OCST) to carry out the Executive Order. would focus on the ability of an operator to Meanwhile, the United States Congress carry out a safe launch. decided to legislate governmental oversight of commercial space transportation by To advise the government, a Commercial statute,21 passing the Commercial Space Space Transportation Advisory Committee Launch Act (CSLA, public law 98-575) (COMSTAC) was established by DOT in which was signed by President Reagan on 1984. COMSTAC is comprised of October 30, 1984.22 representatives from launch, satellite, insurance, legal and financial companies as The law, amended since 1984, set forth the well as academia. The committee provides following responsibilities: “the Secretary of input to the government regarding the Transportation is to oversee and coordinate growth and development of the industry the conduct of commercial launch and including removal of regulatory barriers. reentry operations, issue and transfer commercial licenses authorizing those The Office of Commercial Space operations, and protect the public health and Transportation was transferred from a staff safety, safety of property, and national office directly under the DOT Secretary to security and foreign policy interests of the the Administrator of the Federal Aviation United States.”23 Administration in 1995 where responsibility was delegated to the Associate The law also said that “the United States Administrator for Commercial Space should encourage private sector launches, Transportation (AST). reentries, and associated services and, only to the extent necessary, regulate those 3.2. Amendments and Evolution launches, reentries, and services...”24 One Over the years, the 1984 law has been purpose in the law is to “promote economic amended. Indemnification provisions were growth and entrepreneurial activity.”25 added in 1988 to ensure commercial parity Applicants for a launch license would only with international competitors. have to go to one government agency: the Indemnification meant the government Department of Transportation. Once DOT would potentially provide catastrophic loss determined it had received an application protection for a successful liability claim complete enough to review, the law allowed against a launch provider.26 The FAA 180 days to act on it. DOT would also be in licensed the launch of METEOR (previously charge of licensing the operation of non- known as COMET), a spacecraft which was federal launch sites (often referred to as to return a payload to Earth (the launch commercial spaceports). failed in 1995). Congress eventually gave the FAA jurisdiction and licensing Passage of the law and subsequent responsibility over commercial reentry and regulations produced a significant change reentry sites in 1998 while extending from U.S. government operated missions. conditional indemnification to reentry For a commercial launch, in addition to U.S. vehicle operators.27 Based on guidance and policy and security interests, DOT would authority in the Commercial Space Act of license the “launch event” for public safety 1998, in 2000, the FAA addressed reasons. The government would not oversee indemnification concerns and issued

5 Reusable Launch Vehicle (RLV) and reentry licensing regulations. These regulations On April 1, 2004, AST granted the world’s specified requirements for obtaining a first license for a commercial, suborbital, license to launch and reenter an RLV, piloted, rocket launch to Scaled Composites, reenter a reentry vehicle (a vehicle that is LLC.29 For this mission-specific license, not an RLV), and operate a reentry site. AST authorized Scaled Composites to Congress did not specifically address human conduct up to six piloted missions with space flight at that time. Congress also did SpaceShipOne, from Mojave, California. not grant DOT authority over commercial Under this license, “launch” commenced space transportation within space itself, upon rocket motor ignition. Prior to ignition, otherwise referred to as “on-orbit authority.” when SpaceShipOne was carried to release altitude by the White Knight aircraft and As RLV developers progressed in the early released, operations were not conducted 2000s and market interests began to shift under the license. The White Knight aircraft from launching satellites to carrying people, operated under an FAA Special it became clear to industry that more Airworthiness Certificate in the certainty was needed in legal and regulatory Experimental Category.30 regimes to provide assurances for financial backers. Congress, the FAA, and industry After two rocket powered flights of perceived the need to address a number of SpaceShipOne under an FAA license, issues to firmly remove ambiguities Mojave Aerospace Ventures (a joint regarding private human space flight. These company between Scaled Composites and included: what office within the FAA would financier Paul Allen) was ready to attempt a have authority over “hybrid” vehicles (or launch into space. For purposes of the combinations of vehicles) that had competition, the X PRIZE Foundation characteristics of both airplanes and rockets? considered space to begin at 100 kilometers. What was the definition of a suborbital rocket? What was the extent of FAA On June 21, 2004, Mike Melvill of Scaled jurisdiction over human space flight, and Composites, piloted SpaceShipOne to what kind of liability and indemnification 328,491 feet (about 62 miles or 100 protection would there be for passengers, kilometers), making history by becoming the crew and third parties? Was there a better first civilian to fly a private spaceship to way to do experimental flight testing space. He was also the first private pilot to without having to get a full launch license?28 earn FAA commercial astronaut wings, which were presented by AST.31 Later that 4. 2004: The Year That Changed Everything same year on September 29 and October 4, pilots Mike Melvill and Brian Binnie, The pivotal year for commercial space respectively, piloted SpaceShipOne to space transportation, 2004, saw Scaled and back, winning the coveted Ansari X Composites’ historic SpaceShipOne flights PRIZE. While Mojave Aerospace Ventures in pursuit of the Ansari X PRIZE. The 10 won the prize, a total of 26 teams from 7 million dollar prize was awarded to the first countries competed resulting in multiple company to privately build and fly a technology approaches and further reusable spaceship to an altitude of 100 propelling the commercial space industry.32 kilometers, and then repeat the flight within two weeks using the same vehicle. It was a Many have compared the historic historic year for FAA as result of AST’s SpaceShipOne flights with that of involvement in licensing SpaceShipOne Lindbergh’s transatlantic flight regarding the flights and with the passage of the pursuit of a prize and the resultant flare in Commercial Space Launch Amendments public interest. In the days and months that Act of 2004. followed the prize winning flights, there was

6 a surge of media and public attention was avoided as these individuals will be devoted to commercial space transportation. significantly more aware of the risks and Some companies immediately turned their undergo substantial training that is well attention to making a business out of flying above the basic requirements of a people into space. commercial airline passenger. The CSLAA mandates that space flight participants On June 17, 2004, AST issued East Kern provide informed consent.36 Airport District a launch site operator license for Mojave Airport, California, The CSLAA allows individuals to fly at making it the nation’s first commercial their own physical and financial risk. While inland spaceport. Mojave Air and Space Port conditional indemnification was extended by also claimed the title of the first FAA- the government to cover the operators of licensed launch site authorized to conduct human space flight vehicles under an FAA suborbital reusable launch vehicle missions. license (but not for those operators authorized under the new experimental 4.1. The First Law for Commercial Human permit), space flight participants were Space Flight excluded from eligibility for Before the close of 2004, President Bush indemnification. However, “... nothing signed the Commercial Space Launch prevents a licensee or operator from adding Amendments Act (CSLAA) of 2004, into individual space flight participants as law. This action, executed on December 23, additional insurance under its liability was a pivotal moment in U.S. commercial policy.”37 space transportation regulatory history.33 The significance of the CSLAA to the 4.2. Experimental Permits commercial space industry can be illustrated The CSLAA created the experimental by highlighting four main areas of the Act. permit regime and instructed AST to model it after the airworthiness regime of The first words of the Act state its purpose: experimental aircraft. Experimental permits “to promote the development of the were designed for the launch of emerging commercial human space flight developmental reusable suborbital rockets industry...” 34 This placed both Congress and on suborbital trajectories.38 An experimental the Executive Branch on the record to permit is a voluntary alternative option to support that goal. the mandatory requirement for a license. Under an experimental permit, applicants The CSLAA recognized that U.S. are required to meet one or more of the companies are developing space vehicles following criteria to be eligible for a permit: intended to carry humans. As a result, the “...research and development to test CSLAA clarified the FAA’s responsibility new design concepts, new equipment, or for regulating commercial human space new operating techniques; showing flight.35 However, the CSLAA also limited compliance with requirements as part of the the extent to which AST could regulate the process for obtaining a license under this safety of persons onboard until 2012. The chapter; or crew training prior to obtaining a Act instructed the FAA that the “regulatory license for a launch or reentry using the standards governing human space flight design of the rocket for which the permit must evolve as the industry matures so that would be issued.”39 regulations neither stifle technology development nor expose crew or space flight There are some noteworthy differences participants to avoidable risk…” Also, the between experimental permits and licenses, term “space flight participant” was as listed in a 2008 FAA report: introduced to characterize non-crew • The FAA must determine whether members on board. The term “passenger” to issue an experimental permit within 120

7 days of receiving an application. For a performs related compliance monitoring and license, it is 180 days. safety inspection functions. AST can also • Under a permit, a reusable issue safety approvals for specific elements suborbital rocket may not be operated to or processes pertaining to a commercial carry property or human passengers for launch operation. compensation or hire. No such restriction applies for a license. With a total authorized staff of 67 people, • Damages arising from a permitted AST is led by the Associate Administrator launch or reentry are not eligible for for Commercial Space Transportation, who “indemnification,” the provisional payment reports to the FAA Administrator. The of claims under Chapter 701. Damages office, located in Washington, DC, is caused by licensed activities, by contrast, are comprised of three divisions and one field eligible for the provisional payment of office in Florida. The three divisions are: claims to the extent provided in an • AST-100: Space Systems appropriation law or other legislative Development Division, which conducts authority. environmental analysis, interagency and • A permit must authorize an international policy, promotion and unlimited number of launches and reentries outreach, industry advisory relations, for a particular reusable suborbital rocket industry trade analysis and forecasting, design. Although a license can be structured research and development management, to authorize an unlimited number of initial consultations with prospective launches, no statutory mandate to do so license and permit applicants, and is exists. developing approaches for space traffic • Under a permit, a launch operator management; is not required to demonstrate that the risk • AST-200: Licensing and Safety from a launch falls below specified Division, which issues licenses for quantitative criteria for collective and commercial space launches and reentries individual risk. Under a license, a launch and the operation of non-federal space operator must. launch sites and reentry sites. AST-200 • Under a permit, a launch operator also determines insurance or other is not required to have a separate safety financial responsibility requirements for organization or specific safety personnel. commercial launches and reentries and Under a license, a launch operator must.”40 leads compliance monitoring and safety inspections; and • AST-300: Systems Engineering 5. AST Mission, Organization and and Training Division, which develops Commercial Launch Activity to Date safety standards and issues experimental permits for reusable suborbital rockets and AST’s mission is: “To ensure protection of safety approvals. It is also responsible for the public, property, and the national developing safety tools and analysis, and security and foreign policy interests of the for delivering training to AST personnel. United States during commercial launch or reentry activities, and to encourage, The field office, known as AST-20, facilitate, and promote U.S. commercial the Commercial Space Transportation Safety 41 space transportation.” Office at Patrick Air Force Base, supports U.S. Air Force and FAA integration through 5.1 AST Organization coordination with Air Force staff to ensure AST plays a crucial role in the U.S. safe operations for commercial space launch commercial space transportation industry activities. issuing licenses and experimental permits for launch, reentry and site operators. AST

8 5.2. Launches to Date and Launch Sites ensure its success while at the same time The first commercial launch licensed by adhering to the mission of protecting public DOT took place in 1989. By August 2008, safety. A report to Congress required by the over 190 launches have been licensed CSLAA on human space flight safety issues without any loss of life or significant is to be submitted by December 23, 2008. property damage to the public. Two companies have opted to exercise The following includes some examples of experimental permits to date. Six permit FAA’s facilitation of industry. In 2007, the flights took place in 2006 and 9 flights FAA conducted a research and development occurred in 2007. project to study what duty and rest periods should be for crew of a launch or reentry Six non-federal launch site operators have vehicle. In 2008, the FAA released a been licensed by FAA. The sites are located “Commercial Human Spaceflight Crew within the states of California, Florida, Training Survey” of organizations that offer Virginia, Alaska and Oklahoma and more training resources in the U.S.42 locations are in development. Many spaceports are funded by state governments Integration of air and space vehicle traffic is seeking to attract commercial business. an activity the FAA has been working on since the 1990s. As part of U.S. efforts to The chart below illustrates the amount and manage future air traffic growth, in 2008, types of FAA-licensed and permitted AST released “Space Transportation launches from 1989-2007, with an estimate Concept of Operations Annex for NextGen for 2008. Version 1.0.”43 The document is intended as a guide for the transformation of U.S. air

25 FAA Experimental Permits '; Suborbital 20 - ~ '; ~; r:. NGSO ~; ~; ~ ~; ;~ GEO ,/; ~; ; 15 - ~ ~ ; ,/ ,/ ; - ,/ ,/ ~ ~ ,/ ,/ ; ~ ,/ ,/ ; v ii; ;, ,/; ,/ ; 10 ; ; ; - - - - ii ,/ ; I ,/ ; 1 ,/ Ii'

Number of Launches ; ; ; - ; - -- ; - 1 5 - - ; ,, - .., ....., ~ 0 I 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

NGSO – non-geosynchronous orbits GSO – geosynchronous orbit

Source: Federal Aviation Administration, February 2008

6. Future Activity and Challenges and space transportation operations and infrastructure toward an integrated national The FAA is proactively working on issues to transportation system under the Next keep pace with the developing industry to Generation Air Transportation System. The

9 FAA recognizes that with more frequent space operations, an equitable balance will need to be achieved for all users of the 7. Conclusion national airspace. The regulatory history thus far suggests that 6.1. Challenges Ahead change is a continual part of commercial Other challenges await both the FAA and space transportation. Private human space the international community as the flight is likely to feature similar changes as commercial space transportation industry the industry evolves towards new markets grows and evolves. Some challenges involve with new technologies and experiences the international policy and legal issues. Other restless innovation of entrepreneurs. The challenges involve the balance of FAA Office of Commercial Space commercial and government needs and Transportation expects to make course some involve advances in technology. corrections as necessary, ever mindful of its mission to encourage, facilitate and promote Some future challenges are: the industry while maintaining its commitment to public safety. • Integration of space and air traffic internationally; • Increased volume of regional suborbital space traffic and integration with aircraft and airports during a transition to regular space operations; • Harmonization of international space travel regulations; • The need for on-orbit authority of U.S. commercial operations; • Laws and policies in space for private citizens, companies; • Regulation of point-to-point and/or intercontinental space travel; • Medical issues for orbital space flight participants and crew; • Export policies and International Traffic and Arms Regulations (ITAR); • Applicability of international treaties and agreements to commercial activity; • Future safety circumstances that may warrant additional FAA regulations such as in-flight anomalies of safety critical systems or accidents; • The potential need for FAA regulations for design or operation of a launch vehicle after 2012 to protect the health and safety of crew and space flight participants;44 and • How to regulate beyond informed consent if necessary for future crew and space flight participants.

Endnotes of Commercial Space Transportation, November 1985, page 7. 22 1 “Handbook of Airline Statistics,” Civil The CSLA was codified by Congress in 1994 Aeronautics Board, 1969, page 423. as 49 US Code, Subtitle IX, Chapter 701. 2 Ibid., page 423-424. Available at http://ast.faa.gov. Executive Order 3 Ibid., page 424. Regarding Connecticut State 12465 remains active and was not replaced by Air Regulation, some sources credit June 8, 1911 Title 49. 23 over April 1912. 49 US Code, Subtitle IX, Chapter 701, 4 Ibid. formerly the Commercial Space Launch Act of 5 Also called the Contract Air Mail Act of 1925. 1984, as amended. Available at http://ast.faa.gov. 24 6 “Handbook of Airline Statistics,” Civil Ibid. 25 Aeronautics Board, 1969, page 427. Ibid. 26 7 Federal Aviation Administration, 2000, The Congress would decide to fund a claim if http://www.faa.gov/about/history/ necessary. For more details, see “Liability Risk- 8 Ibid. The roots of regulating transportation in Sharing Regime for U.S. Commercial Space the U.S. go back to the 1887 Interstate Transportation,” April 2002, Commerce Act, originally focused on railroads. http://www.faa.gov/about/office_org/headquarter 9 “Handbook of Airline Statistics,” Civil s_offices/ast/reports_studies/ 27 Aeronautics Board, 1969 edition, page 427. Hughes, Timothy and Rosenberg, Esta, “Space 10 “Handbook of Airline Statistics,” Civil Travel Law (and Politics): The Evolution of the Aeronautics Board, 1969 edition, page 427. Commercial Space Launch Amendments Act of 11 Heppenheimer, T.A., “Turbulent Skies: The 2004,” Journal of Space Law, Volume 31, History of Commercial Aviation,” John Wiley & Number 1, 2005, page 18. 28 Sons, 1995, page 14. Ibid., page 25. 29 12 “Aware of the Hazards,” remarks by Patricia “FAA Issues License for Historic Sub-Orbital Grace Smith, FAA Associate Administrator for Manned Rocket Launch,” Federal Aviation Administration, news release, April 14, 2004. Commercial Space Transportation, given at the 30 International Association for the Advancement Federal Register, Volume 69, No. 153, August of Space Safety conference, Chicago, Illinois, 10, 2004, page 48550. This situation is May 14, 2007, page 3. somewhat similar to launch licensing of Orbital 13 Federal Aviation Administration, 2000, Science’s Pegasus XL which air launches from http://www.faa.gov/about/history/ an L-1011 aircraft. During launch operations, the 14 International Civil Aviation Organization, L-1011 is operated under an FAA restricted airworthiness certificate. http://www.paris.icao.int/history/history_1944.ht 31 m “SpaceShipOne Makes History: First Private 15 Federal Aviation Administration, 2000, Manned Mission to Space,” Scaled Composites, http://www.faa.gov/about/history/ press release, June 21, 2004. 16 “National Space Policy,” National Security http://www.scaled.com/projects/tierone/062104- 2.htm Decision Directive 42, The White House, July 4, 32 1982. “Ansari X PRIZE,” X PRIZE Foundation. 17 http://space.xprize.org/ansari-x-prize Congressional Record, 1984, page S-13888. 33 18 Commercial Space Launch Amendments Act “Commercialization of Expendable Launch th Vehicles,” National Security Decision Directive of 2004, Pub. L. No. 108-492, 108 Congress, 2nd Session. 94, The White House, May 16, 1983. 34 19 Ibid. “Exploring the Unknown, Selected Documents 35 in the History of the U.S. Civil Space Program, Wong, Ken, “Developing Commercial Human Volume IV, Accessing Space,” NASA History Space Flight Regulations,” Federal Aviation Series, SP-4407, 1999, page 411. Administration. Presented at International 20 Executive Order 12465, February 24, 1984. Association for the Advancement of Space Safety conference. May 14, 2007. Available at http://ast.faa.gov. 36 21 Commercial Space Launch Amendments Act “First Annual Report to Congress on th Administration of the Commercial Space Launch of 2004, Pub. L. No. 108-492, 108 Congress, Act,” U.S. Department of Transportation, Office 2nd Session. 37 Hughes, Timothy and Rosenberg, Esta, “Space Travel Law (and Politics): The Evolution of the

Commercial Space Launch Amendments Act of 2004,” Journal of Space Law, Volume 31, Number 1, 2005, page 59. 38 J. Randall Repcheck, “FAA’s Implementation of the Commercial Space Launch Amendments Act of 2004 – The Experimental Permit,” Federal Aviation Administration, October 2005. Presented at International Association for the Advancement of Space Safety conference. 39 Commercial Space Launch Amendments Act of 2004, Pub. L. No. 108-492, 108th Congress, 2nd Session, 2004. 40 “2008 U.S. Commercial Space Transportation Developments and Concepts,” Federal Aviation Administration January 2008, page 68. http://www.faa.gov/about/office_org/headquarter s_offices/ast/reports_studies/ 41 AST Mission statement, Federal Aviation Administration, 2008. http://ast.faa.gov 42 The report is available at http://www.faa.gov/about/office_org/headquarter s_offices/ast/reports_studies/ 43 Federal Aviation Administration, 2008. http://www.faa.gov/about/office_org/headquarter s_offices/ast/media/NextGen_ConOps_Space_A nnex_final_v1.0.doc 44 Under the 2004 CSLAA, there are restrictions on the FAA proposing regulations on certain design and operations of launch vehicles that carry humans until December 2012.