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

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The Origin and Practice of U.S. Commercial Human Space Flight Regulations 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 Although the law regime in the United States and highlights was originally enacted to regulate the Federal Aviation Administration’s expendable launch vehicle operations and current role in the commercial space non-federal launch site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
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