Air and Space Law Commons^™

Commercial Space Mining: From Competitive Secrecy To Transparency, Sustainability, And Governance Challenges In The New Race For Extraterrestrial Resources, Frányerson R. López Ochoa

Discovery Day - Daytona Beach

Commercial space mining is becoming integral to the space economy, driven by the need for resources such as water, metals, and platinum-group metals (PGMs) from asteroids and the Moon. It should be noted that these resources have the potential to support long-duration space missions through in-situ resource utilization (ISRU) and Earth-based economic activities. Companies such as AstroForge and TransAstra are leading this transition, from government-led exploration to commercial activity. The paper examines the environmental, technological, and legal implications of asteroid mining, using these companies as case studies. While AstroForge has progressed to in-space demonstrations with its Odin spacecraft in 2025 …

Recommendations For An International Regulatory Regime For Commercial Space, Margaret O'Brien

Discovery Day - Daytona Beach

The rapid advancement of space technologies in both governmental and private sectors presents a significant challenge for existing space law frameworks. Emerging activities such as space mining are gaining international attention, yet lawmakers struggle to craft regulations for an industry that is still in development. Innovators and investors often hesitate to assume risk in the absence of clear international guidelines. This research explores the complex legal and policy considerations surrounding space resource utilization, including the lack of consensus with existing treaties, the unpredictability of potential hazards, and the widening technological gap between industrialized and developing nations. Historical frameworks, such as …

An Evaluation Of The “Police Response To Uncrewed Aircraft Systems Operations” Online Training Program, Anthony Galante, Leila Halawi

Publications

This study evaluates the impact of the “Police Response to Uncrewed Aircraft Systems Operations” online training program of officers from the Daytona Beach Police Department (DBPD). By measuring the effectiveness of the training through pretest and posttest assessments and considering variables such as educational background, length of service, and rank, this research underscores the training’s potential to enhance UAS response capabilities. Employing a self-selection sampling method, the study engaged 82 voluntary participants from the DBPD, revealing significant improvement across all groups in UAS knowledge and confidence levels. Despite limitations, these findings offer compelling evidence of the training’s efficacy and advocate …

Asteroid Mining: The Next Big Thing Or A Gimmick?, Aashman Gupta

Discovery Day - Daytona Beach

Asteroid mining, a sci-fi concept that is rapidly emerging as a potential cornerstone for humanity's expansion into space. This paper explores the economic, technological, and legal challenges of asteroid mining, by examining its feasibility, potential benefits, and other challenges that could hinder its development. Some argue that mining asteroids could provide essential resources and reduce dependency on Earth leading to sustainable space colonization, but critical challenges still remain. Through a review and rational comparison of recent advancements and setbacks, this paper presents an analysis of the potential of asteroid mining; findings suggest that while asteroid mining holds significant potential for …

Legal And Ethical Considerations For Balancing Space Innovation And Dark Sky Preservation, Sara M. Langston, Kayla D. Taylor

Publications

The proliferation of satellites in Earth’s orbit has significantly enhanced capabilities in communication, Earth observation, and scientific research. However, this rapid expansion presents considerable legal and ethical challenges, particularly regarding the preservation of dark and quiet skies. As low Earth orbit becomes increasingly congested, the implications for astronomical observation, environmental integrity, and cultural heritage require critical examination.

This presentation provides an interdisciplinary perspective on the legal, practical and ethical considerations essential for preserving dark and quiet skies. It begins by exploring the legal frameworks governing the use of space, highlighting relevant international treaties, national responsibilities, and emerging issues aimed at …

Shaping The Sky Navigating The Future Of Urban Air Mobility Through Innovative Regulation, Ed Koellner

National Training Aircraft Symposium (NTAS)

This poster presents an in-depth analysis of the evolving regulatory landscape in Advanced Air Mobility (AAM), a field poised to revolutionize urban transportation. It emphasizes the need for developing regulatory frameworks that address the unique challenges and opportunities posed by rapidly advancing AAM technologies, focusing on balancing innovation with safety, public interest, and environmental sustainability.

The research provides an overview of current AAM technologies, including unmanned aerial vehicles and electric vertical takeoff and landing aircraft, and assesses the existing regulatory environment. It highlights the discrepancies and challenges these new technologies introduce to conventional aviation laws and standards.

A significant aspect …

High Times, Higher Stakes: Mental Health Impacts In New Recreational Marijuana Legal Landscape, Jason T. Lorenzon J.D., Chris Pezalla, Diana Semilia

National Training Aircraft Symposium (NTAS)

This presentation delves into the societal and mental health consequences arising from the increasing trend of legalizing recreational marijuana. Specifically, we will examine the potential normalization of unconventional behavior among aviation college students, who may grapple with substance use challenges due to stress, sleep difficulties, and the demands of college life. Given the rigorous nature of flight training, prioritizing the mental well-being of pilots becomes imperative.

With the recent legalization of recreational marijuana in Ohio, this presentation integrates insights from Diana Semilia's 2022 study on Kent State Flight Students Ages 19-26. The study's objective was to extract practical recommendations applicable …

Going Airborne: Kent State's Pioneering Leap Into Integrated Advanced Air Mobility, Jason T. Lorenzon

National Training Aircraft Symposium (NTAS)

This proposal centers on the development of a Concept of Operations in Advanced Air Mobility (AAM). Kent State University's College of Aeronautics and Engineering is poised to pioneer the integration of drones and electric Vertical Takeoff and Landing (eVTOL) systems, bridging the gap between its campus and airport by transporting students and faculty the 3NM distance from campus to the airport and back by a UAV. Beyond a standard research initiative, this proposal signifies a groundbreaking effort to reshape the landscape of educational aeronautics and Advanced Air Mobility and Urban Air Mobility. Our overarching goal is to transcend conventional boundaries …

Preempting The Buzz: Challenges For State And Local Regulation Of Drone Noise, Daniel Friedenzohn, Trevor Simoneau

Publications

From carrying life-saving medical supplies to delivering Amazon packages, drones are increasingly playing a more significant role in our society. Such operations, however, raise a variety of legal and public policy questions, all requiring answers before drone deliveries become commonplace in the package delivery ecosystem. One legal issue that remains significantly underexplored is the challenge of regulating drone noise. This issue raises vital questions of federalism and preemption in the broader debate over federal versus state and local power to govern different aspects of civilian drone operations.

Even though the noise generated by drones is much quieter than other types …

Drones Across The World: Laws And Policies, Sarah Nilsson

OER Main

Navigating the world’s drone and advanced air mobility laws is a daunting but critical task if you are in the aviation industry. Hence the need to formalize the relevant material and create this eTextbook (webbook). While still copyrighted content, it is freely distributed worldwide under a Creative Commons, non-commercial, and non-derivative license. This webbook is structured the way the United Nations views the globe, in 6 main areas, Northern America, Latin America and the Caribbean, Oceania, Europe, Asia, and Africa. It is easily searchable by country if used as a reference guide. This webbook has an interactive design with hyperlinks, …

Creating An Urban Airspace Design: The Future Regulatory Landscape, Jason T. Lorenzon

National Training Aircraft Symposium (NTAS)

Urban Air Mobility (UAM) and Advanced Air Mobility (AAM) are transformative technologies that will revolutionize the manner that cargo and passengers are transported in the local environment. This disruptive technology will transform transportation domain. For instance, imagine a transportation infrastructure without physical roads, where persons, property and cargo are being moved by Autonomously operated Uncrewed Aerial Vehicles (UAS). This presentation/paper will examine the current state of the regulatory and legal environment and the efforts that are being made to facilitate a future that a few short years ago was only imagined in works of science fiction.

This presentation will focus …

Ground Risk Model For Uavs, Andrew V. Shelley

International Journal of Aviation, Aeronautics, and Aerospace

This paper develops an alternative to the ground risk model provided by JARUS SORA. Key inconsistencies in the SORA ground risk model are identified, specifically ground risk continuing to increase when there is no further increase in fatality probability.

Population density is a critical component of UAS ground risk. Definitions of population density adopted by various regulatory jurisdictions are reviewed. A categorisation of population density is developed based on official statistics categories for New Zealand. This categorisation is more granular than that provided by SORA, enabling a more nuanced assessment of risk.

A ground risk model is then developed using …

An Analysis Of Federal Aviation Administration Enforcement Actions Against Suas Operators, Trevor Simoneau, Ryan J. Wallace, Tyler B. Spence, Jonathan Rupprecht

International Journal of Aviation, Aeronautics, and Aerospace

The Federal Aviation Administration (FAA) has promulgated regulations to govern the commercial operation of small uncrewed aircraft systems (sUAS). Compliance with these regulations is essential for maintaining safety in the National Airspace System. And if sUAS operators fail to comply with applicable federal aviation regulations, the FAA has been granted the authority to enforce these regulations. This study explores how the FAA has been exercising its enforcement power in the context of sUAS operator regulatory noncompliance. Using data obtained from a Freedom of Information Act request, this study examines 62 FAA enforcement actions levied against sUAS operators from 2012 until …

Pre-Check Security Processes In Selected Brazil Airports- Changes And Gains, Camila Miliani, Fabio Sanches, Jonatta Haniere, Rodrigo Cortes, Tais Gargano, Vanessa Reis

Student Works

The recommendation of this Research Project is to implement the precheck program at 10 Airports in Brazil with more than 5 million passengers a year. The passengers’ satisfaction, security improvement and OPEX savings would be a reality.

The expectation of OPEX savings at these 10 Airports are R$ 3.360.000,00 per year, (US$ 634.000,00) due to the possibility of using the current infrastructure and yet, reduce one Protection Agent per inspection module, per airport.

The research topic was to understand the feasibility of implementing the precheck security process in Brazil Airports. Using the U.S. benchmark, and the current Brazilian legislation, GYN …

Certification Basis For A Fully Autonomous Uncrewed Passenger Carrying Urban Air Mobility Aircraft, Steve Price

Student Works

The Urban Air Mobility campaign has set a goal to efficiently transport passengers and cargo in urban areas of operation with autonomous aircraft. This concept of operations will require aircraft to utilize technology that currently does not have clear regulatory requirements. This report contains a comprehensive analysis and creation of a certification basis for a fully autonomous uncrewed passenger carrying rotorcraft for use in Urban Air Mobility certified under Title 14 Code of Federal Regulations Part 27. Part 27 was first analyzed to determine the applicability of current regulations. The fully electric propulsion system and fully autonomous flight control system …

Public Acceptance Of Medical Screening Recommendations, Safety Risks, And Implied Liabilities Requirements For Space Flight Participation, Cory J. Trunkhill

Doctoral Dissertations and Master's Theses

The space tourism industry is preparing to send space flight participants on orbital and suborbital flights. Space flight participants are not professional astronauts and are not subject to the rules and guidelines covering space flight crewmembers. This research addresses public acceptance of current Federal Aviation Administration guidance and regulations as designated for civil participation in human space flight.

The research utilized an ordinal linear regression analysis of survey data to explore the public acceptance of the current medical screening recommended guidance and the regulations for safety risk and implied liability for space flight participation. Independent variables constituted participant demographic representations …

Anthropometry Considerations In The Design And Evaluation Of Flight Deck Displays And Controls: Literature Review, Robert Joslin

International Journal of Aviation, Aeronautics, and Aerospace

The regulatory requirements and guidance for showing compliance with the Federal Aviation Administration anthropometric considerations in aircraft design are widely dispersed in an array of source documents. Consequently, they are difficult for aircraft manufacturers/applicants to identify, interpret, and address thereby extending the time to certify new/modified aircraft and aircraft systems. This literature review is intended to provide a compendium of the anthropometry considerations in the design certification of displays and controls in aircraft flight decks. This document is not a compliance document and the references herein are frequently updated, hence should be verified by the reader.

Establishing Commercial Aviation Safety Privilege: Court Precedent Versus Statute, Jason Powell

International Journal of Aviation, Aeronautics, and Aerospace

This concept paper evaluates the pros and cons of establishing commercial aviation safety privilege beyond the almost uniquely United States Department of Defense (DoD) legal protection built upon court precedence (stare decisis) as a statutory concept that can apply across all aviation investigations. The protection offered under Title 49 CFR 1114 only applies to the information provided that is not part of the safety investigation and allows full release of interviews that pertain to the investigation, which is further applied in the National Transportation Safety Board Aviation Investigation Manual (2002). The Supreme Court of the United States recognized different privileged …

Use Of Unmanned Aircraft Systems And Regulatory Landscape: Unravelling The Future Challenges In The High Sky, K Kirthan Shenoy, Divya Tyagi

International Journal of Aviation, Aeronautics, and Aerospace

The individuals on the ground nowadays often observe objects distantly hover over the sky, which raises the question of who might be operating the object or what the object might record. Unmanned Aircraft Systems (UAS) or Drones today have quickly penetrated civilian, military, and commercial sectors. The drones or UAS, with the advancement of technology, are now capable of traversing long distances, having long endurance, and having multipurpose functionality. The UAS industry is fast expanding, with trade investment touching the billion-dollar mark in flourishing economies. The advent of the Covid 19 pandemic saw a steep rise in the use of …

Evaluating The Progress Of The Liberalization Of International Aviation Toward Open Skies, Tyler B. Spence, Daniel Friedenzohn, Steven M. Leib

Publications

The United States has engaged in well over 100 Open Skies Agreements with other ICAO member state partners reaching all parts of the globe. These Open Skies Agreements have established a practice of liberalization for airlines to have the most freedom to choose when, where, how often, and for how much they fly to locations. Despite a majority of ICAO member state partners engaging in Open Skies, there has been a reluctance of the member states to engage in the same practices with other aviation partners for similar access. A similar pattern is also evident for liberalization through the Freedoms …

The Potential Impact Of A Voluntary Non-Punitive Self Report Program Under The Scope Of The Brazilian Civil Aviation Authority, Audrey Gonzalez, Bráullio Amaral, Felipe Piton, Laércio De Araujo, Marcelo Marcusso

Student Works

The key recommendation from this study is to purpose the Brazilian National Civil Aviation Authority evaluation over the implementation of a new voluntary and non-punitive safety reporting program, with a different scope from the current one. The voluntary self-reporting programs in place in the USA, Europe and Australia should be used as a regulatory reference and the program development and implementation should be executed in close coordination with the different industry stakeholders.

To access if the current Brazilian State Safety reporting system meets ICAO requirements, the researchers accessed pertinent aviation safety regulatory legislation. Additionally, to access if the current Brazilian …

Can The Timeframe Of Reported Uas Sightings Help Regulators?, Spencer Erik Pitcher, Kelly A. Whealan-George

Beyond: Undergraduate Research Journal

Remotely controlled small aircraft, otherwise known as Unmanned Aircraft Systems (UAS) or drones have started to impact the United States National Airspace System by interfering with the safe flight of aircraft. As the UAS industry continues its expected growth into the future, lawmakers, as well as regulators at the Federal Aviation Administration (FAA) and the aviation community must be able to predict when there will be more UAS craft in the air that could cause an interruption to air traffic so that more resources can be allocated optimally to counter the threat of UAS craft. The purpose of this study …

In Flight Management - Committing To Destination, Aldo Bien, Daniel Ribas, Paulo Pacheco, Rodrigo Garcia, Leila Halawi

International Journal of Aviation, Aeronautics, and Aerospace

The present Brazilian regulation is not precise whether the alternate fuel could or could not be used to proceed to the original destination without compromising the emergency fuel, once exact specific requirements are met. As a result of unclear directrices, each major airline in Brazil comprehends and applies the ICAO recommendation in its way. Such a non-standardized interpretation of the current regulation certainly compromises both the airline industry's safety and efficiency in the country. Therefore, this research proposes a more comprehensive and clear text for the Brazilian rules, encouraging airlines to adhere to what the ICAO recommendation preconizes widely.

Digital Disruption Solution For Airlines In Brazil, Camila Bisinoto Borges, Cristiane Lunardi Das Neves Rodrigues, Daniel Dias Landroni, Tatiane Mendonça, Leila Halawi

Publications

Since March 2017, the cost of denied boarding began to draw all Brazilian airlines' attention because of the Resolution 400 of the Brazilian National Civil Aviation Agency. This Resolution covers several items, but we will focus on the penalty that the airlines need to pay for each passenger who had his boarding denied involuntarily in domestic flights. Our goal is to create a plugin that any airline could use in their self-service check-in channels and direct communication with the passenger. It could also become a way to offer proactive accommodation options and monetary compensations due to itinerary or ticket schedule …

Air Traffic Safety Management: The Significance Of Voluntary Reporting And Data Distribution, Xavier M. Ashley

Beyond: Undergraduate Research Journal

This study primarily investigated inadequacies identified through the utilization of the Air Traffic Safety Action Program (ATSAP), a Voluntary Safety Reporting Program (VSRP) overseen by the U.S. Federal Aviation Administration (FAA). The primary objective of this research was to ascertain whether the FAA was properly managing the ATSAP and if the program was capable of effectively identifying safety hazards present in the national airspace. To assist in this determination, this study communicated the basic characteristics and significance of safety management and voluntary reporting in aviation. This served to clarify the intended function of the ATSAP and to articulate contributions that …

Aircraft Rescue And Fire Fighting Capabilities: Are Today’S Standards Protecting Passenger’S Futures?, Kaetlyn Blocker

Student Works

Few studies have been conducted that have truly considered the relevance and inadequacies of applicable aircraft rescue and firefighting (ARFF) regulations. Fewer still have studied and explored accident cases that directly exemplify the deficiencies and inconsistencies of various regulatory standards and requirements. This study seeks to expose and explain those inadequacies by utilizing a historical, case-study type research method to examine accident cases during which time the governing regulations played a significant role in the ARFF operations. The findings discovered as a result of this multi-case analysis provide evidence that the current regulations governing United States ARFF operations are both …

Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.

National Training Aircraft Symposium (NTAS)

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …

Contingency Fuel Reduction In Brazil, Diogo Youssef, Fabiano Gomes De Oliveira, Joao Centeno, Luciano Figueiredo, Leila Halawi

International Journal of Aviation, Aeronautics, and Aerospace

This project reviews the minimum fuel regulations for commercial passenger flights in different countries and intends to scientifically support a change in the existing contingency fuel requirement regulation in Brazil. This change represents fuel savings for Brazilian air operations, and it deploys into a competitive advantage for Brazilian airlines compared to foreign air operators.

Discussion: The objective of this project is to provide the Brazilian civil aviation regulators with the necessary data to justify the reduction of the contingency fuel values from the current 10% to 5%. This project bases the analysis on the historical data of fuel planning and …

New Standards For An Old Problem: The Role Of The Federal Communications Commission In Fulfilling Space Policy Directive-3, Michael S. Dodge

Space Traffic Management Conference

The recent Space Policy Directive-3, issued on June 18^th, 2018, commands several sectors of the federal executive apparatus to reassess their current and future efforts to address space traffic management and space situational awareness issues. The reasons for this Directive can be boiled down to the belief that the continued use of the orbital realm depends on responsible management, which in turn depends on myriad factors that include the development of new technologies, the refinement of data gathering, and the clarification of governmental operational roles. In particular, the Directive calls for enhanced standardization of safety and best practices, …

Monetizing Space Debris: Getting Tax Credits On Board, George Anthony Long

Space Traffic Management Conference

Human ingenuity and creativity is said to be one of the most powerful forces on Earth. Money is and historically has been a universal motivation for human ingenuity and creativity. Outer space is not an exception to this historical trend. It is common knowledge that private sector investment in outer space ventures is escalating and this investment is the engine generating the current resurgence in space ventures. The private investments in outer space are principally directed toward resource extraction, space tourism, and other activities which hold the promise of future financial returns on the investments. Noticeably, we do not hear …