Air and Space Law Commons^™

Stm In The Nature Of International Space Law, Yu Takeuchi

Space Traffic Management Conference

The discussion regarding STM has been accelerated due to the US policy decision of taking the lead of international discussion in Space Policy Directive 3 (SPD3). It is necessary to solve the following 3 issues to install STM in global sphere; the SSA data sharing; space debris mitigation management; and traffic management regulations.

This paper will be focusing on the 3^rd issue, traffic management regulations, and firstly describe the reason of inherent reluctance of States to control the outer space based on the fundamental principle of international space law. The States sovereignty is always the dominant in the territorial …

Nanosat Tracking And Identification Techniques And Technologies, Mark A. Skinner

Space Traffic Management Conference

Nanosats (and CubeSats, ‘Smallsats’, etc.) are of order 10 cm in size, and are at or near the limits of what can be tracked and characterized, using existing space surveillance assets. Additionally, given the CubeSat form-factor, they are often launched in large numbers (scores), and can be virtually identical. Thus are they difficult to track and to identify.

We have identified a number of technologies that future nanosat missions could employ that would enhance the trackability and/or identification of their satellites when on-orbit. Some of these technologies require active illumination of the satellite with electromagnetic energy, either in the radio …

Stem And Sustainability: Creating Aviation Professional Change Agents, P. Clark, Doreen Mcgunagle, L. Zizka

Publications

With the evolution of the workforce and the growing needs of the aviation industry, a clear need for concrete sustainability initiatives and actions have emerged. Sustainability in this sense becomes a matter of survival. For this reason, in this chapter, we will attempt to close three gaps in current sustainability studies: Theory vs practice, intention vs behavior, and education vs workplace.

Our purpose is to develop a ‘simple’ strategy for integrating all three pillars of sustainability into STEM HE programs that create authentic engagement and real buy-in from the students that are then replicated in the workplace. Based on the …

Beyond The Noise: The Airport Proprietor Exception And The Long Beach Airport Experience, Daniel Friedenzohn

Publications

This article addresses how the legal landscape has evolved for airports to regulate noise activity. Part one of discusses the federal role in regulating airport noise. Part two addresses the development of the airport proprietor exception as a legal pathway for airports to regulate airport noise. Part three provides a brief overview of the codification of the airport proprietor exception and the additional role that the federal government adopted with respect to regulating aviation noise. Part four addresses the legal action brought forth by airlines challenging the City of Long Beach airport’s restriction on flight operations. Part five will discuss …

Essential Air Service: A Lower Rung On The Pilot Shortage Food Chain?, Michael Peck

National Training Aircraft Symposium (NTAS)

The Essential Air Service (EAS) program, established in 1978 by the federal government as a temporary measure designed to help remote communities cope with the impact of airline deregulation, subsidizes flights to certain destinations that would not otherwise have ready access to commercial air service. The airlines participating in this program fly relatively smaller aircraft and have traditionally hovered at the lower end of the salary scale. Their pilots are, nevertheless, subject to the same flight experience requirements as the major carriers. The national (or perhaps international) pilot shortage has caused some EAS carriers to abruptly terminate service leaving the …

Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston

Publications

Commercial human spaceflight presents an area for engaging novel human activity and objectives, to include space exploration, entertainment, transportation and extraterrestrial resource acquisition. The inherent dangers and lack of scientific and medical certainty involved however raise interrelated questions of ethics, bioethics, law and public policy. This is particularly the case with spaceflight participant (SFP) screening, selection, and commercial human spaceflight activities where regulations are currently silent or lacking. In the absence of established law, ethics can play an important role by informing industry standards, policies and best practices. Understanding the fundamental ethical values at stake in the application of new …

United States Drone Laws, Jacob Crittenden

Student Works

The purpose of this Directed Study was to investigate and compile the drone laws that exist within the United States, both on the federal level and for each individual state. The federal laws are directed by the Federal Aviation Administration (FAA) under laws that pertain to “Unmanned Aircraft Systems” (UAS) and are relatively new. Most states have further regulations on UAS that they have passed. Most of these laws are in place to protect public safety and privacy, but some also prohibit certain locations of flight and certain modifications that might be made to the platform. State laws that limit …

Evolution Of Uas Policy In The Wake Of Taylor V. Huerta, Ryan J. Wallace, Jon M. Loffi

International Journal of Aviation, Aeronautics, and Aerospace

The U.S. Court of Appeals recently ruled that the Federal Aviation Administration exceeded their statutory authority in requiring model aircraft and hobbyist UAS operators to register their aircraft in a national database. The ruling represents a significant blow to the agency’s credibility in leading UAS integration into the National Airspace System. The paper points to several possible outcomes of the Taylor v. Huerta decision and its impact on the FAA’s ability to continue to lead change in the burgeoning UAS field.

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …

Spaceways: Airspace In Outer Space, Scott Haeffelin

Space Traffic Management Conference

Forecasted future demand in space travel is driving the need for the development of space traffic management. Currently, orbital space traffic is mostly unregulated with internationally agreed upon best practices and self-interest driving space operators to avoid collisions with other spacecraft. This paper explores the future of space travel by presenting a concept of creating “airspace in space” or spaceways to manage the ever growing volumes of space traffic. Spaceways are analogous to airspace for aircraft with the goal of increasing levels of safety and reducing probabilities of collision. These goals can be achieved by creating traffic rules, defining valuable …

Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic Management concepts that …

A Novel Approach For Controlled Deorbiting And Reentry Of Small Spacecraft, Larry H. Fineberg, Justin Treptow, Timothy Bass, Scott Clark, Yusef Johnson, Bradley Poffenberger

Space Traffic Management Conference

No abstract provided.

Pilot Perceptions On Impact Of Crew Rest Regulations On Safety And Fatigue, Lukas Rudari, Mary E. Johnson, Robert C. Geske, Lauren A. Sperlak

International Journal of Aviation, Aeronautics, and Aerospace

The risk of fatigue on pilot performance and safety is well recognized in aviation. In response to increased safety concerns, the Federal Aviation Administration addressed fatigue risk for passenger airline pilots in Title 14 Code of Federal Regulations Part 117, which included accommodations to address fatigue related risk-factors such as circadian rhythm and the phenomenon commonly described as jet-lag. The rule became effective in January 2014. A survey was conducted in March and April of 2014 to better understand pilot perceptions of the new Part 117 rule. This study analyzed survey responses from 92 self-identified pilots to determine the effect …

Early Afternoon Concurrent Panel Sessions: Commercial Space Industry Snapshot: Presentation: 2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Aviation / Aeronautics / Aerospace International Research Conference

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …

Wide-Scale Small Unmanned Aircraft System Access To The National Airspace System, John Robbins, Brent Terwilliger, David Ison, Dennis Vincenzi

Publications

Expected revisions of federal policies and regulations for the operation and certification of small unmanned aircraft systems (sUAS) are anticipated to significantly increase the volume of traffic in the National Airspace System (NAS). By investigating critical needs of regulatory compliance and safety, as well as new advancements, it may be possible to identify strategies to address the most pressing concerns of sUAS integration. Findings and recommendations from this research are presented to highlight implications and possible solutions to urgent needs of UAS stakehold-ers, including industry, government, and academia.

2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Publications

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …

The Divergent And Evolving Legal Pathways Of Future Space Traffic Management Collaboration, Michael S. Dodge

Space Traffic Management Conference

Collaboration in space traffic management efforts is critical to the successful continued use of the outer space environment, and exploration and utilization of space assets will depend upon structured legal guidance. While STM is notionally evolving at the international level, appropriate attention must also be given to national strategies. This paper will elucidate that extant space traffic management methodologies are developing along two disparate tracks. These pathways, which here are termed the international-collaborative and sectarian methods, are reflective of the needs of the international community and intrastate interests respectively. The paper will attempt to show that in the near-term, these …

Sub-Orbital Spaceflight – An Addition To Our Multi-Modal Transportation System, Scott Haeffelin

Space Traffic Management Conference

The number of commercial spaceflights will be increasing by orders of magnitude over the next several decades. The current volume of space traffic can be managed on a case-by-case basis and there is little impact to the National Airspace System (NAS). This will change as more spaceports become operational, commercial sub-orbital flight companies begin serving their customers and as the cost of these flights begin to decrease. Current regulatory paths seek to allow the flexibility in the regulations for this industry to flourish while also maintaining a high standard of safety. There are, however, many nearsighted and old fashioned assumptions …

Safe Operations Above Fl600, Lt. Col. Stephen Hunter

Space Traffic Management Conference

Safe Operations Above FL600

Abstract

With the increase in likelihood of near-term development of revenue-generating point-to-point suborbital flights and the increase in high-altitude-long-endurance commercial operations above FL600, the criticality of addressing operations above class A airspace has never been more pressing. While the Federal Aviation Administration describes the National Airspace System, it doesn’t offer a description that includes a top. Technological, physiological, physical and administrative limitations have relegated most air operations to FL600 and below. As that changes, previous work on Space Traffic Management (STM) concepts begin to take on new life and add to sincere considerations for adaptation or …

Pirker And Beyond: Questions Of Policy Versus Law On Unmanned Aerial Systems (Uas), Sarah Nilsson

Aviation / Aeronautics / Aerospace International Research Conference

The regulatory versus policy landscape for unmanned aerial system (UAS) users in the United States (US), as of February 2015, is not an easy one to navigate. The whole country is buzzing with the sound of this new technology, not just in terms of engine noise but more so in terms of the public outcry to the invasion of privacy. The federal government is currently drafting laws that will safely integrate these systems within the National Airspace System (NAS). Concurrently, at least 20 states, unable to wait patiently in the sidelines for such legislation, have implemented their own statutes to …

Assessing The Commercial Aviation Impact Of The Year 2000 Open Skies Agreements Between The United States And African Countries With Longstanding Flights, Tyler B. Spence, Micah Walala, Richard O. Fanjoy

Aviation / Aeronautics / Aerospace International Research Conference

The U.S. started a comprehensive campaign towards Open Skies agreement in 1992. The major benefits of Open sky agreement are reported to include increase of passenger and cargo volume between partners. This study analyzes passenger traffic and cargo volume between six African countries that have had commercial aviation with the U.S. since 1990 to 2014, and with direct flights between them. Two of the countries have had no Open Skies agreement with the U.S., while four have had Open Skies agreement beginning in 2000. A multi linear modeling process was applied on the two categories to determine whether there is …

Small Satellites And Liability Associated With Space Traffic Situational Awareness, George Anthony Long

Space Traffic Management Conference

At the commencement of the space age, satellites were very small objects that subsequently grew in size and complexity. A re-emergence of small satellites is occurring given that technology now allows them to perform certain operations of large satellites. This paper will explore the risk and liability in space traffic situational awareness associated with the proliferation in the deployment of small satellites.

Small satellites encompass a range of space objects referred to as nanosatellites, microsatellites, picosatellites, cube satellites, femtosatellites and other designations. These satellites are generally placed into orbit as part of a “piggyback” payload on other launches or cargo …

U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro

Space Traffic Management Conference

One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.

Toward The International Regime For Space Traffic Management -What To Fix The Current International Regulations-, Yu Takeuchi

Space Traffic Management Conference

Space Traffic Management (STM) is an effective concept for providing a solution to the current congested, contested, and competed situation of outer space. However the status of international legal system governing outer space remains at its original formation of the 1960s. Filling this gap is an inescapable task soon or late and it is necessary to establish the international regime for STM to do so. Various issues of the UN Space Treaties and relevant soft laws have been discussed in the context of STM item-by-item, but few are oriented to the establishment of a comprehensive international regime for STM.

This …

How To Reach An International Civil Aviation Organization Role In Space Traffic Management, Lt. Col. Stephen Hunter

Space Traffic Management Conference

The late President Emeritus of the ICAO Council, Assad Kotaite, recommended a new annex to the Chicago Convention to extend ICAO responsibilities for producing International Standards and Recommended Practices (SARPs) for suborbital and orbital civil space flights[i]. Additionally, the U.S. Office of the Secretary of Defense and the European Union have independently conceived standards that have yet to mature to an amicable stage. This impetus to develop SARPs is growing more urgent as space becomes more congested, contested and competitive. In order to best determine how to mature internationally acceptable SARPs for seamless operations from tropospheric to exo-atmospheric …

The Role Of Unmanned Aircraft Systems (Uas) In Disaster Response And Recovery Efforts: Historical, Current And Future, Dennis Vincenzi, David C. Ison, Brent A. Terwilliger

Publications

A wide range of legislation has been proposed or put into place that restricts the use of unmanned systems. These actions by legislators and regulators will stifle the growth of this technology and the associated surrounding industry. The largest obstacle to the proliferation of UAS in the U.S. is the FAA. The FAA has designated the location of six test sites that are anticipated to allow for less restrictive and formative research to assess the technologies that the FAA has claimed need to exist in order to integrate UAS into the NAS. Further complicating the adoption of UAS for beneficent …

Developing Space: Political And Socio-Economic Rationales Of Emerging Space Programs, Sandra Cabrera-Alvarado, Sara Langston, Tanay Sharma

Publications

A presentation on developing space programs in Latin America and the need to work together cooperatively to maximize budgets to support scientific and technological research.

Balance And Alliance, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

DOJ's lawsuit against the AA-US Airways merger imposes an unanticipated and misguided delay in the US airline industry's long desired transformation.

Delayed Flights And Delayed Action: The U.S. Department Of Transportation’S Tarmac Delay Regulations And Their Impact On Air Travel, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

No abstract provided.

The Aircraft Sector Understanding: New Financing Rules That Reflect The Aviation World Of Today, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

In late February, the Organisation for Economic Cooperation and Development (OECD) held a signing ceremony for the new Aircraft Sector Understanding (ASU) that governs export financing rules for aircraft manufactured in all OECD countries and Brazil. Unlike a treaty, which results in countries adopting a document with compulsory obligations, this accord is a “soft law” non-binding arrangement. And yet, this multilateral gentlemen’s agreement, in its many versions, has been an effective tool in providing financing rules for civil and commercial aircraft. The ASU sets forth the most favorable terms that can be extended by export credit agencies to eligible parties …