Chinese Immigrants Experience - Coursework Example

Commercial Spaceflight Operations

Introduction

In the last decade, the space sector has witnessed a transformation in how business is conducted. This sector has seen the entry of new industry actors whose main objective is to take advantage of the various consumer preferences and demands (Klaus, Ocampo & Fanchiang, 2014). Consequently, there has been a rapid expansion in the industry, especially in the commercial spaceflight sector. The entry of new industry players has enhanced accessibility to the outer space through the commercial spaceflights. The commercial spacecraft industry has witnessed a new paradigm shift following the entry of commercial spaceflight firms. Previously, flights into outer space were merely for research and defense and were funded and controlled by the government through specific state agencies. This research paper will identify and discuss current concerns, regulations, and practices and address related legal considerations on commercial spaceflight operations.

Regulations Governing Commercial Spaceflight Operations

The United States federal government has enacted several laws stipulating crew and spaceflight passengers' requirements flying in commercial spaceflight. According to Langston (2017), these regulations aim at protecting the safety of other members of the public and ensure that spaceflight passengers are aware of their safety. These regulations require commercial flight operators to provide specific information on crew and passenger safety. Additionally, commercial spaceflight operators must educate their passengers on traveling to space and the risks of traveling in their commercial spacecraft. Moreover, these laws require that spaceflight operators train their crew on security issues. These regulations also provide requirements on the crew's medical qualification and professional training and the requirements relating to environmental management and emergency response in case of an emergency (Langston, 2017). The regulations require the spacecraft operator to confirm the spacecraft's hardware and software incorporated performance in real-life situations by undertaking spaceflight tests.

Certification Requirements that Apply to the Spacecraft

Commercial space crafts must meet specific certification requirements stipulated by NASA before being allowed to send a spacecraft with passengers onboard into space (Coleman et al., 2018). The certification process's first step involves conducting test flights using crewless spacecraft to the International Space Station (ISS). Completing a successful test flight with a crewless spacecraft puts the commercial spaceflight company in a better position to move to the next stage of the certification process. The second stage of the verification process seeks to confirm the spacecraft’s ability to take humans into space and return them safely to earth. The second phase of the certification process for a spacecraft demonstrates the spacecraft's capability to send and return humans from the area safely. The demonstration mission aims at completing the human certification for the spacecraft.

Under the NASA requirements, a spacecraft can only be certified by NASA for commercial operations if its hardware and software meet the critical design specification requirements (Coleman et al., 2018). For instance, all commercial spacecraft intended to carry passengers and crew must provide options for manual and remote control mechanisms. The certification process is determined by the spacecraft’s design and its intended purpose. For this mission that entails taking humans to Mars, the spacecraft will be certified by NASA based on its ability to lift off and land safely. Before a commercial spacecraft is approved, the company must confirm that the spacecraft can cut-short the mission and deliver its crew to safety if there is an emergency.

Consequently, commercial spaceflight companies must conduct abort tests before being certified by NASA. Additionally, before certification, the commercial spacecraft must meet all the requirements stipulated by NASA concerning the life support systems, the spacesuits, the display system, and other critical systems that will support the crew while inside the spacecraft (Coleman et al., 2018). Certification of the spaceship for commercial passenger spaceflight requires a confirmation that the pilots can manage the spacecraft in case of an emergency or a breakdown in the automatic control system (Nair et al., 2014). This requirement is crucial for the spacecraft to obtain certification for passenger and crew spaceflight.

Certification Requirements that Apply to the Crew and Passengers

Several certification requirements apply to passengers and crew of human spaceflights (Somers, Gohmert & Brinkley, 2014). Before NASA certifies human spaceflight pilots, the FAA requires that the crew be trained, qualified, and notified of space travel risks. Under these regulations, the team must have the required FAA pilot certificate. The pilots must demonstrate their knowledge in piloting spacecraft. Crew members are required to have recent medical certificates issued within twelve months before the spaceflight. Before certification by NASA, the pilots must be mentally and physically fit to carry out safety-related tasks in case of an emergency. The operator must train the spaceflight crew on responding to emergencies such as fires, smoke, and any other emergency that night occurs. The passengers must be shown how to exit the spacecraft safely in case of an emergency.

FAA Pilot Certificate for the Crew

A spacecraft pilot must have an FAA pilot certificate and test credentials or experience acquired from the military piloting jets that travel at supersonic speeds within the orbit (Coleman et al., 2018). Furthermore, this provision requires that the crew have the aeronautical experience and the competencies needed to pilot and manage the spacecraft. Under the FAA provisions, the pilot for the spaceship must have the required certificate and some aeronautics and understanding of the airspace system and the laws that govern how aircraft in space operations. This requirement aims at increasing the safety of the airspace. Additionally, the crew must have an instrument rating that ensures that they have adequate discerning cockpit images, accurately clarifying the instruments, and answering with correct control inputs. Possessing a pilot certificate and the necessary aeronautical experience is proof of knowledge and experience with laws that govern the airspace system, such as communication, airspace boundaries, and air traffic maneuvers that help avoid aircraft accidents, thus promoting public safety (Coleman et al., 2018). Before certification of the crew for a spacecraft, FAA requires that the crew have a medical certificate, mostly crew members whose roles are linked to the spacecraft's liftoff and return. Additionally, according to FAA, crew members whose roles are directly connected with ensuring safety must have a second-class airman medical certificate.

Spacecraft Crew Training

According to FAA, the spacecraft crews must be trained by the operator to perform their tasks either mid-flight or before liftoff (Coleman et al., 2018). The training aims at minimizing the risks of the spacecraft harming the public. This provision requires commercial spacecraft operators to train their crew members and outline the perquisites for successfully attaining the competencies necessary before NASA can certify them. The training provided should be aligned to the spacecraft’s configuration and its intended purpose. The FAA requires that training the crew simultaneously; the spacecraft operator must ensure that the crew members are provided with the most current training.

Notification of the Crew

Notification of the crew is an essential requirement that must be met before certification of the spacecraft. Spacecraft operators are obligated to inform their crew members about the current federal government's decisions concerning any spacecraft accreditation for commercial use. According to Coleman et al. (2018), commercial spacecraft operators must notify anyone before employing him or her.

The risk of Spaceflight Passengers

The FAA has established regulatory requirements that shield spaceflight passengers. Before a spacecraft is certified for human spaceflight, it must meet the set conditions that prohibit or restrict design features or operating methods that can result in spaceflight incidents, deaths, or passengers traveling in the spacecraft. The federal law requires that spacecraft passengers be informed of the risks involved in traveling to outer space in a spaceship (Coleman et al., 2018). For this case study, the spacecraft operator must inform all the passengers of all the risks associated with this travel mode.

Knowledgeable Assent

According to FAA, a spacecraft can only be certified to fly with passengers on board after the spacecraft company has duly informed each passenger regarding the risks of liftoff and return of the spacecraft to make knowledgeable assent. (Coleman et al., 2018). Additionally, the spacecraft operator must inform all the spaceflight passengers about the safety history in terms of the spacecraft's liftoff and reentry. Moreover, the spacecraft operator must notify all the spaceflight passengers in writing of the dangers and risks that could cause severe injuries resulting in death, physical or mental incapacitation. The FAA also requires that the spaceflight operator notify all the passengers on unknown dangers of flying in a spacecraft.

Similarly, the FAA requires that the spaceflight operator informs all passengers that the federal government has not confirmed the liftoff and reentry of a spacecraft as being safe to have passengers or crew on board. The FAA requires all spaceflight passengers to implement indemnity against the United States for any financial claims that may result from accidents while aboard the spacecraft (Coleman et al., 2018). Additionally, before certification, the FAA requires all operators to train all the spaceflight passengers on emergency response to incidents, such as fire and smoke. Furthermore, the FAA requires the operators to execute safety measures that deter spaceflight passengers from compromising the pilots' safety or other members of the public (Somers, Gohmert & Brinkley, 2014). As a result, this provision prohibits spaceflight passengers from carrying weapons or any explosive materials.

Insurance Required by Law for Commercial Spaceflight Operations

Commercial spaceflights with FAA licenses, whether with the crew, or the federal government must indemnify crewless from third-party harm during liftoff or return trip. In this provision, third-parties refer to people who are not involved directly involved in the launch or reentry of the spacecraft (Langston, 2016). The federal government requires that before a commercial spacecraft's liftoff, the operator must purchase the first level insurance policy. Before issuance of an operating license for the operator, the FAA decides the amount of insurance the spaceflight operator is required to buy to enable it to compensate third-party claims for deaths or injuries and the federal government to destroy its assets during liftoff or reentry of the company’s spacecraft.

The insurance amount is determined by the potential loss that may result from an accident during the liftoff or reentry of the spacecraft (Langston, 2016). The insurance cover purchased by the commercial spacecraft operating company shields the passengers on board, the companies paying for cargo delivery to space, and the United States government and their contracted employees from financial claims by third parties. Commercial spacecraft operator must buy insurance cover to meet FAA’s requirement on the potential highest loss amount, but not exceeding the limit of coverage available in the market at a cost decided on by FAA (Coleman et al., 2018). Commercial spacecraft operators must also purchase the third level insurance coverage if they require insurance above the first level necessary amount for this type of coverage.

According to the insurance sector stakeholders, insurance coverage for commercial spaceflight operators is currently available in the market. Furthermore, the stakeholders have confirmed that the current insurance for commercial spaceflight operators is accessible and affordable ((Langston, 2016). However, some insurance sector players confirmed that this insurance's availability could be reduced in case of a catastrophe during the spacecraft's liftoff or reentry. Because of the link between the commercial spacecraft insurance market and the aviation market, the retail spacecraft insurance market could be affected by large aviation claims.

Existing International Treaties

The United States is a signatory to four international space-related treaties (Los Banos, 2017). The Outer Space Treaty (OST) was passed in 1967 by the U.N. General Assembly resolution. OST's main objective was to define the exploration and utilization of resources in space. The discovery and utilization by countries or private companies of any natural resources in outer space should be made in a manner that is beneficial to all nations regardless of their economic advancement level. Article 1 of the OST provides that entities or countries can exploit and utilize the resources in the outer space. According to Los Banos (2017), this provision offers legal protection for the planned commercial venture for the group members they land on Mars. However, different nations that are party to this treaty have interpreted this provision in different ways. The lack of clarity on the interpretation of the requirement may be a barrier to the group's planned commercial venture. Similarly, under Article III of the OST, the law permits legal undertakings in the outer space as per the international law requirements.

The Registration Convention is a requirement of the U.N. that demands that before and object or human is sent to space, the sending entity must register with the United Nations (Los Banos, 2017). This provision may not directly impact the group's planned commercial venture while on Mars. The group will have complied with the requirement by merely registering with U.N. about its planned mission on Mars. Under the Liability Convention, countries that are party to the U.N. treaty on discovering and utilizing the ouster space, nations, or other agencies are responsible for injury to third parties caused by their space objects. The group intending to travel to Mars can meet this legal requirement by purchasing insurance coverage for third parties. The Return and Rescue Agreement is a provision within the treaty that requires individuals, either passengers or astronauts, to help an astronaut who might need assistance.

The Adequacy of the Existing Treaties in Addressing the Group’s Legal Rights

The Outer Space Treaty does not fully elaborate on appropriating territory in celestial bodies, such as Mars, for commercial use by individuals or private companies. In other words, in its provisions, OST does not explicitly integrate clauses that can govern economic ventures that entail exploiting the natural resources in the outer space (Los Banos, 2017). The absence of these clauses can be traced back to when the OST was ratified when the possibility of individuals or companies venturing into commercial exploitation of natural resources in the outer space seemed unrealistic. Furthermore, these treaties aim at ensuring that the discovery and utilization of resources on celestial bodies must be made in a manner that is beneficial to humanity without any exclusion. Overall, the current international regulations do not sufficiently consider the team's legal property rights to exclude others from utilizing the natural resources on Mars.

Existing Laws on Environment Management on Mars

Article IX of the OST provides that countries that are signatories to the international laws shall explore or carry out research in celestial bodies in a manner that minimizes the emission of hazardous materials that can contaminate and adversely affect the environment of the outer space, including planet Mars (Su & Lixin, 2014). This treaty requires nations that are party to it to employ suitable mechanisms that reduce the risk of introducing contaminants into the outer space and the earth that may jeopardize other nations' activities that are also parties to the treaty. This treaty requires governments that signatory to it to put in place measures that prevent environmental degradation resulting from activities in outer space.

Enforcement Mechanisms that would Address Violations of the Treaties

The OST contains provisions that would enable the enforcement of mechanisms that would address the violation of one or more international treaties on discovering and using the resources on celestial bodies. Under this treaty, there is the rule of global ownership of state parties for all space activities, whether the government or private firms conduct such activities. Under Article VI, states that are parties to the treaty must authorize and supervise non-state agencies (Los Banos, 2017). Consequently, if the group's commercial activities violate any of these treaties, the United Nations will intervene and address the violations by discussing the remedies with the group’s country of origin. The appropriate state parties will be held liable for the group's activities that might violate the treaties.

Conclusion

Today, several companies are operating within the commercial spaceflight industry. The federal government has passed numerous laws stipulating crew and spacecraft passengers' requirements flying in commercial spaceflight. Under the NASA requirements, a spacecraft can only be certified for NASA's commercial operations if its hardware and software meet the critical design specification requirements. The FAA provisions require the spacecraft pilots to have the necessary qualification and experience in aeronautics and understanding of the airspace systems and the laws that govern how aircraft operate in outer space. The four international regulations on celestial bodies focus on exploring and utilizing natural resources in a manner that is beneficial to humanity without exclusion.

Under the NASA requirements, a spacecraft can only be certified by NASA for commercial operations if its hardware and software meet the critical design specification requirements (Coleman et al., 2018). For instance, all commercial spacecraft intended to carry passengers and crew must provide options for manual and remote control mechanisms. The certification process is determined by the spacecraft’s design and its intended purpose. For this mission that entails taking humans to Mars, the spacecraft will be certified by NASA based on its ability to lift off and land safely. Before a commercial spacecraft is approved, the company must confirm that the spacecraft can cut-short the mission and deliver its crew to safety if there is an emergency.

Consequently, commercial spaceflight companies must conduct abort tests before being certified by NASA. Additionally, before certification, the commercial spacecraft must meet all the requirements stipulated by NASA concerning the life support systems, the spacesuits, the display system, and other critical systems that will support the crew while inside the spacecraft (Coleman et al., 2018). Certification of the spaceship for commercial passenger spaceflight requires a confirmation that the pilots can manage the spacecraft in case of an emergency or a breakdown in the automatic control system (Nair et al., 2014). This requirement is crucial for the spacecraft to obtain certification for passenger and crew spaceflight.

Certification Requirements that Apply to the Crew and Passengers

Several certification requirements apply to passengers and crew of human spaceflights (Somers, Gohmert & Brinkley, 2014). Before NASA certifies human spaceflight pilots, the FAA requires that the crew be trained, qualified, and notified of space travel risks. Under these regulations, the team must have the required FAA pilot certificate. The pilots must demonstrate their knowledge in piloting spacecraft. Crew members are required to have recent medical certificates issued within twelve months before the spaceflight. Before certification by NASA, the pilots must be mentally and physically fit to carry out safety-related tasks in case of an emergency. The operator must train the spaceflight crew on responding to emergencies such as fires, smoke, and any other emergency that night occurs. The passengers must be shown how to exit the spacecraft safely in case of an emergency.

FAA Pilot Certificate for the Crew

A spacecraft pilot must have an FAA pilot certificate and test credentials or experience acquired from the military piloting jets that travel at supersonic speeds within the orbit (Coleman et al., 2018). Furthermore, this provision requires that the crew have the aeronautical experience and the competencies needed to pilot and manage the spacecraft. Under the FAA provisions, the pilot for the spaceship must have the required certificate and some aeronautics and understanding of the airspace system and the laws that govern how aircraft in space operations. This requirement aims at increasing the safety of the airspace. Additionally, the crew must have an instrument rating that ensures that they have adequate discerning cockpit images, accurately clarifying the instruments, and answering with correct control inputs. Possessing a pilot certificate and the necessary aeronautical experience is proof of knowledge and experience with laws that govern the airspace system, such as communication, airspace boundaries, and air traffic maneuvers that help avoid aircraft accidents, thus promoting public safety (Coleman et al., 2018). Read More