COMSTAC Business / Legal Working Group Outbrief

1. COMSTACBusiness / LegalWorking Group Outbrief Chris Kunstadter | XL Insurance | October 10,2012

2. Topics • GSO forecast • CSLA indemnification extension – Greg Rasnake • FAA / NASA insurance task – Pam Underwood • Limitation of liability for spaceflight participants – Pam Melroy • GAO report on MPL methodology – Randy Repcheck

3. GSO Forecast Recommendation BLWG R1: COMSTAC recommends that FAA/AST continue to support the annual GSO Forecast – an important and highly-regarded product of COMSTAC and FAA/AST.

4. CSLA Indemnification Extension Observation BLWG O1: COMSTAC observes that the CSLA indemnification regime enhances many aspects of U.S. industry, including commercial launches and reentries supporting telecommunications, earth imaging, science, national security, and ISS cargo missions.

5. CSLA Indemnification Extension Observation BLWG O2: COMSTAC continues to stress the singular importance of the CSLA indemnification regime to the US aerospace industry from the standpoint of international competitiveness. This position is supported by the recent GAO report on commercial space launches (GAO-12-899)

6. CSLA Indemnification Extension Recommendation BLWG R2: COMSTAC recommends that FAA/AST continue to actively support and closely monitor – and to update COMSTAC on – the CSLA indemnification regime extension in Congress.

7. FAA / NASA Insurance Task Recommendation BLWG R3: COMSTAC recommends that FAA/AST continue to seek the input of the insurance industry in its ongoing revision of the FAA / NASA Insurance Task report.

8. FAA / NASA Insurance Task Finding BLWG F1: COMSTAC finds that it would be beneficial for the FAA / NASA Insurance Task report be completed and available for public release by the time of the next COMSTAC meeting.

9. Waivers for Flights with Many Payloads Finding BLWG F2: COMSTAC finds that FAA/AST may wish to provide a specific task to COMSTAC based on FAA/AST’s interest in pursuing a simplified process for putting in place cross-waivers for flights with many payloads (e.g., suborbital flights with numerous payloads for different parties).

10. MPL Methodology Observation BLWG O3: COMSTAC observes that the MPL process re-evaluation, as recommended by GAO in its recent report, is a top priority for FAA/AST. COMSTAC’s BLWG will convene to develop a response to FAA/AST’s task.