The University of Mississippi School of Law The National Center for Remote Sensing, Air, and Space Law Informational resources on the legal aspects of human activities using aerospace technologies Space Law: Selected Documents 2010 Volume 1: National Space Law Documents Compiled by P.J. Blount P.J. Blount, editor Joanne Irene Gabrynowicz, editor A supplement to the Journal of Space Law This page intentionally left blank. ii Disclaimer The information contained in this compilation represents information as of March 7, 2011. It does not constitute legal representation by the National Center for Remote Sensing, Air, and Space Law (Center), its faculty or staff. Before using any information in this publication, it is recommended that an attorney be consulted for specific legal advice. This publication is offered as a servicce to the Center's readership. The documents contained in this publication do not purport to be official copies. Some pages have sections blocked out. These blocked sections do not appear in the original documents. Blocked out sections contain information wholly unrelated to the space law materials intended to be compiled. The sections were blocked out by the Center's faculty and staff to facilitate focus on the relevant materials. iii National Center for Remote Sensing, Air, and Space Law Founded in 1999, the National Center for Remote Sensing, Air, and Space Law is a reliable source for creating, gathering, and disseminating objective and timely remote sensing, space, and aviation legal research and materials. The Center serves the public good and the aerospace industry by addressing and conducting education and outreach activities related to the legal aspects of aerospace technologies to human activities. Faculty and Staff Prof. Joanne Irene Gabrynowicz, Director Prof. Jacqueline Etil Serrao, Associate Director P.J. Blount, Research Counsel and Instructor of Law Sara M. Langston, Research Counsel Michelle Aten, Assistant Director Melissa Wilson, Senior Staff Assistant Je'Lisa Hairston, Staff Assistant Audrey Uffner, Archivist James Kelleway, Web Developer For More Information http://www.spacelaw.olemiss.edu http://rescommunis.wordpress.com P.O. Box 1848 University, MS 38677 USA Phone: +662.915.6857 Fax: +662.915.6921 [email protected] iv Selected Space Law Documents: 2010 Volume 1: National Space Law Documents Compiled by P.J. Blount P.J. Blount, editor Joanne Irene Gabrynowicz, editor Copyright 2011 The National Center for Remote Sensing, Air, and Space Law at University of Mississippi School of Law, University of Mississippi v Copyright © 2011 The National Center for Remote Sensing, Air, and Space Law at the University of Mississippi School of Law University of Mississippi All Rights Reserved ISBN 978-0-9720432-4-3 Published by The National Center for Remote Sensing, Air, and Space Law At the University of Mississippi School of Law University of Mississippi P.O. Box 1848 University, MS 38677 www.spacelaw.olemiss.edu Cover design by Michelle L. Aten. This publication was made possible by a NASA grant. vi Dedicated to Yuri Alekseyevich Gagarin (1934-1968) In honor of the fiftieth anniversary of his becoming the first human to enter space during the April 12, 1961 flight of the Vostok 1 spacecraft. "Law must precede man into space." - Andrew G. Haley, Space Age Presents Immediate Legal Problems, 1 PROCEEDINGS OF THE FIRST COLLOQUIUM ON THE LAW OF OUTER SPACE 5 (1959) vii This page intentionally left blank. viii Selected Space Law Documents: 2010 Volume 1: National Space Law Documents Table of Contents Foreword by Joanne Irene Gabrynowicz European Union European Commission: Commission Decision of 5 February 2010 setting up the GMES Partners Board (2010/67/EU) (February 5, 2010) 1 European Parliament: European Earth Monitoring Programme (GMES) (2011–2013), Resolution, Consolidated Text, and Annex, P7_TA(2010)0214 (June 16, 2010) 5 European Parliament: Structures for the Management of the European Satellite Radio Navigation Programmes, Resolution and Consolidated Text, P7_TA(2010)0213 (June 16, 2010) 17 Japan 宇宙分野における重点施策について ～ 我が国の成長をもたらす戦略的宇宙政策の推進 ～ [Strategic Space Policy to Promote Japan’s Growth] (May 25, 2010) 31 United Kingdom The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010, 2010 S.I. 672 (March 31, 2010) 43 United States Federal United States Introduced Legislation 2010 55 Public Law 111–151: Satellite Television Extension Act of 2010 (March 26, 2010) 57 Public Law 111–175: Satellite Television Extension and Localism Act of 2010 (May 27, 2010) 59 Public Law 111–267: National Aeronautics and Space Administration Authorization Act of 2010 (October 11, 2010) 101 Department of Commerce, National Oceanic and Atmospheric Administration: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities from Vandenberg Air Force Base, CA, 75 Fed. Reg. 5057-5059 (February 1, 2010) 143 Department of Transportation, Federal Aviation Administration, Office of Commercial Space Transportation: Finding of No Significant Impact (FONSI) and Record of Decision (ROD) (August 3, 2010) 147 ix Department Of Transportation, Federal Aviation Administration, Office of Commercial Space Transportation: 14 CFR Part 431, Waiver of Acceptable Mission Risk Restriction for Reentry and a Reentry Vehicle, 75 Fed. Reg. 75619-7521 (December 6, 2010) 167 Federal Communications Commission: 47 CFR Part 25, Procedures to Govern the Use of Satellite Earth Stations on Board Vessels in the 5925–6425 MHz/3700–4200 MHz Bands and 14.0–14.5 GHz/11.7–12.2 GHz Bands, 75 Fed. Reg. 7975-7976 (February 23, 2010) 171 Federal Communications Commission: 47 CFR Parts 74 and 78, Coordination Between the Non- Geostationary and Geostationary Satellite Orbit, 75 Fed. Reg. 17055-17062 (April 5, 2010) 173 Federal Communications Commission: FCC Report to Congress as Required by the Orbit Act: Eleventh Report, FCC 10-112 (June 15, 2010) 181 Federal Communications Commission: 47 CFR Part 73, Satellite Television Extension and Localism Act of 2010 and Satellite Home Viewer Extension and Reauthorization Act of 2004, 75 Fed. Reg. 80354-80363 (December 22, 2010) 213 Government Accountability Office: Space Exploration Technologies Corporation, B-402186 (February 1, 2010) 223 Government Accountability Office: National Aeronautics and Space Administration— Constellation Program and Appropriations Restrictions, Part I, B-319488 (May 21, 2010) 233 Government Accountability Office: National Aeronautics and Space Administration— Constellation Program and Appropriations Restrictions, Part II, B-320091 (July 23, 2010) 255 National Aeronautics and Space Administration: Commercial Crew Transportation System Certification Requirements for NASA Low Earth Orbit Missions, ESMD-CCTSCR-12.10 (December 8, 2010) 269 White House: National Space Policy of the United States of America (June 28, 2010) 309 White House, Office of Science and Technology Policy: Restructuring the National Polar-orbiting Operational Environmental Satellite System (February 1, 2010) 325 New Mexico Space Flight Informed Consent Act (signed March 1, 2010) 329 x Selected Space Law Documents: 2010 Volume 1: National Space Law Documents Volume 2: International Space Law Documents Foreword by Joanne Irene Gabrynowicz This compilation of space law documents for the year 2010 was gathered primarily from postings placed on the aerospace law blog, Res Communis from 1 January through 31 December 2010. Res Communis is hosted by the National Center for Remote Sensing, Air, and Space Law (Center) at the University of Mississippi School of Law. The postings are supplemented with materials from other sources that were published within 2010, but which were not published on Res Communis. The blog’s name, Res Communis, is taken from the Latin legal term that means, in part, “things common to all; that is, those things that are used and enjoyed by everyone.” Res Communis is also a fundamental principle that provides a major part of the foundation of the international space law regime. The name was chosen because of its specific relevance to space law and to express the Center’s intent that the blog provide the aerospace law community with a reliable, timely source of legal materials. The annual compilation is a special supplement to the Journal of Space Law, the world’s oldest law review dedicated to space law. The Journal of Space Law, beginning with the first volume published in 1973, is available on line at the Center’s website, http://www.spacelaw.olemiss.edu/, and through HeinOnLine, http://heinonline.org/. This year’s compilation is in two volumes: national space law documents and international documents. This demonstrates that the body of space law is growing in size and complexity. As these volumes go to press, important changes are occurring in the U.S. space program, including the historic final Shuttle launch. Changes are also occurring in a number of other national programs. Together, these will impact a number of international cooperative projects. On the private and commercial side of space activities, legal actions, investments and activities are expanding. It can be expected that space law will continue to change for the practitioner, academic, and government lawyer. The reader can find updated material on an on-going basis at http://rescommunis.wordpress.com/. xi This page intentionally left blank. xii 6.2.2010 EN Official Journal of the European Union L 35/23 COMMISSION DECISION of 5 February