James E. Dunstan returned for this special Space Show program to discuss and summarize FAA/ST Human Space Flight Requirements for Crew and Space Flight Participants. To aid in your following this discussion, I suggest you download the following documents from Jim's website: www.gsblaw.com/resource/pub_result.asp?ID=125813212007 for his article titled, "Human Spaceflight Regulations: Bill of Rights or Regulatory Space Oddity?" and also www.gsblaw.com/img/emailer/James_Dunstan_FAA_Human_Space_Flight_Regs_Su… for the detailed chart on the FAA's Report and Order. During the program, Jim went through many of the regulations, explained what they mean and with listener participation, we discussed both the positive and negative side of specific regs as well as the process. There were many listener questions regarding safety and regulation as well as informed consent. Toward the end of the program, we even discussed the wild side of possible spaceflight participant litigation several months or years after the tourist flight even with a signed informed consent agreement. You will not want to miss this discussion and Jim's comments and analysis. We also talked about various states passing laws to give strength to informed consent by exempting from liability companies that comply with established procedures and requirements. Jim talked about the feedback to the process from within the alternative space community and we compared the level of feedback to what would have happened in other industries. As you will hear, allowances are made for the development of the space industry and the relatively small number of businesses working right now to develop a private sector business and space tourism business. We talked about the friendliness and support of AST toward the industry but a listener asked if this rather close relationship might backfire if in the future Congress mandates tough regulations for the industry. Jim explained the legislative and regulatory process for us and we talked about probable future scenarios for more stringent regulation. We also gave credit to FAA/AST for the work and job they are doing and for actually caring about the industry and businesses it is required to regulate. We feel AST is an exception for the positive within government bureaucracy. Also, we need to remember that private spaceflight does not yet exist, the vehicles do not yet exist and we are asking AST to regulate that which is only a possibility for the future. Looking back on the aviation industry, it was already developed and growing when the government started to regulate it. With private space enterprise, there is significant potential but it is still a future tense industry and its not easy to create effective and supportive regulations for that which does not yet exist. Jim also talked about the way in which AST is addressing human factors and risks. While this issue may not be as important for suborbital space tourism, human factors will be far more important for orbital and space destination activities. At some point, it is likely that the regulatory procedure will address human factors in a far more comprehensive fashion than such factors are addressed in today's requirements. Jim Dunstan is available by email to receive your comments and questions. Please email him at jdunstan@gsblaw.com or you can send your comments for him through me at drspace@thespaceshow.com and I will promptly forward them to Mr. Dunstan.
Guest
The Space Show
