Status of Human Space Flight Study Required By Congress

1. Status of Human Space Flight Study Required By Congress

2. Commercial Space Launch Amendments Act of 2004 (Public Law 108-492) • Requires DOT/FAA, in consultation with NASA, to enter into an arrangement with a nonprofit entity for a report analyzing safety issues related to launching humans into space. • In designing the study, DOT/FAA should take into account any recommendations from the Commercial Space Transportation Advisory Committee (COMSTAC) and NASA’s Aerospace Safety Advisory Panel. • Report must be submitted to the Senate Committee on Commerce, Science, and Transportation and House of Representatives Committee on Science by December 23, 2008.

3. The Report Must Analyze 8 Elements and Provide Recommendations. • Standards of safety and concepts of operation that should guide regulation of human space flight (HSF) and whether standard of safety should vary by class or type of vehicle, purpose of flight, or other considerations; • Effectiveness of licensing and permitting regime in ensuring safety of the public and of crew and space flight participants; • Whether there is a need for commercial ground operations for commercial space flight and how they should be regulated;

4. The Report Must Analyze 8 Elements and Provide Recommendations (cont’d). • Whether ELVs and RLVs should be regulated differently, and whether either of those vehicles should be regulated differently when carrying humans; • Whether Federal Government should separate promotion of HSF from regulation of such activity; • How third parties could be used to evaluate qualification and acceptance of new HSF vehicles prior to their operation; and

5. The Report Must Analyze 8 Elements and Provide Recommendations (cont’d). • How nongovernment experts could participate more fully in setting standards and developing regulations concerning HSF safety; and • Whether Federal Government should regulate extent of foreign ownership or control of HSF companies operating or incorporated in the United States.

6. The FAA Coordinated with NASA and COMSTAC. • FAA met with NASA (Bryan O’Connor and staff) on March 6, 2007, to discuss initial planning of the HSF study. • NASA’s Aerospace Safety Advisory Panel (ASAP) representative participated via teleconference. • Suggestion was made and agreed to by participants that an RFI or market survey be issued to seek information on potential nonprofit entities with the capability to perform the study. • FAA briefed COMSTAC’s RLV Working Group on May 17, 2007, and inquired about any recommendations from COMSTAC in designing the study. Comments received, include: • It’s premature to conduct the study because commercial human space flights haven’t occurred since study was mandated. • Organization selected to conduct study should be composed of or have access to those with relevant experience (e.g., commercial RLV designers, developers, and operators).

7. FAA Awards Contract to Conduct the Study. • Issued market survey in April 2007, seeking information on potential nonprofit entities with the capability to perform the study. • Received several responses to survey. • Issued RFP in August 2007. • Awarded contract in September 2007: • Selected the team of Aerospace Corporation, George Washington University (GWU), and Massachusetts Institute of Technology (MIT) to conduct the study.

8. What is the Status of the HSF Study? • Preliminary and formal kickoff meetings with FAA and study team (Aero. Corp./GWU/MIT) held in Oct. and Nov. 2007. • Study team provided to various organizations on Nov. 26, 2007, a list of questions concerning HSF-related issues that the study will address. • Study team briefed its study approach to the Personal Spaceflight Federation (Dec. 2007). • Study team spoke to Congressional Staff (Jan. 2008) and NASA HQ personnel (Dec. 2007 and May 2008). • Study team provides monthly progress reports to AST. • Study team is drafting report while it awaits additional responses to its list of questions. • Draft study report due on June 23, 2008.

9. AirLaunch LLC Armadillo Aerospace Bigelow Aerospace Blue Origin LLC Boeing COMSTAC RLVWG Garvey Spacecraft Corp. Lockheed Martin/ULA Masten Space Systems Mojave Spaceport NASTAR Training National Space Society Northrop Grumman Oklahoma Spaceport Orbital Outfitters Orbital Sciences Corp. Personal Spaceflight Federation Rocketplane-Kistler Scaled Composites LLC Space Access LLC Space Adventures SpaceDev Space Exploration Technologies Corp. Space Florida Spaceport America Transformational Space Corp. Virgin Galactic Virginia Commercial Space Authority XCOR Aerospace X-Prize Foundation Study Team Provided List of Questions to these Organizations.

10. FAA Followed Up and Briefed NASA and COMSTAC on Status of HSF Study. • FAA meeting with NASA (Bryan O’Connor and his staff) and ASAP, including its chairman, on April 24, 2008. • FAA briefing for COMSTAC’s RLV Working Group on May 15, 2008.