Toulouse, – Ch..Bonnal 1 Some reflections on constraints associated to Private Human Access to Space Toulouse, March 12th, 2008 Christophe Bonnal CNES – Direction des Lanceurs IAA – International Academy of Astronautics ACE – Astronaute Club Européen 3AF – Space Transportation Committee

Toulouse, – Ch..Bonnal 2 Exciting new subject, full of question marks: 1. Reality of the market ?  Motivations of the passengers ?  Stability in time ? 2. Overall Business Plan ?  Validity of market studies ?  Associated initial investment ? 3. Legal, regulatory and insurance constraints ?  Status of the activity: Transport, Extreme sport, Tourism ?  Reliability and Safety aspects, mainly associated to rocket propulsion?  Process leading to the authorization to fly ?  Consequences in terms of responsibilities ? 4. Constraints associated to Human Flight:  Psychological, Physiological, Ergonomics 5. Ground Infrastructures, including safety and environmental aspects

Toulouse, – Ch..Bonnal 3 Four fundamental attitudes for Space Agencies: 1. Activities out of the frame of Space Agencies:  Private activities, no use of public money  Notion of “useful space activity”  No support today 2. Regulatory aspects may imply Space Agencies  Authorization, certification, qualification, licensing… 3. Technical interest in new solutions and synergies  Aerodynamic solutions, GNC, propulsion…  Very wide range of technical solutions at system and sub-system levels 4. Potential opening of a new domain of space activities  Today from A to A, tomorrow from A to B ? From A to Orbit ?  V-Prize, LAPCAT, …: parallel with early days of aviation ?

Toulouse, – Ch..Bonnal 4 Regulatory aspects: 1. What is the level of qualification – certification required for the vehicles ?  Are we close to an Airbus, to the 0 g plane, to an aerobatic plane or to the X-15 ? 2. What is the definition of such qualification ?  Unusual kind of activity: space –although fuzzy definition-, paying passengers ? 3. Which organism is competent to do so ?  Is it Aviation, is it Space, is it a blend of both, is it new ? 4. What is the process leading to such a qualification – certification ?  Technical regulation ?. Dimensioning rules, mainly associated to Human Flight. Associated to safety (wrt passengers or to over-flown populations if any)  Qualification – certification Board ?. Participation to main project Key Points and Reviews ?

Toulouse, – Ch..Bonnal 5 Legal frame: (derived from presentation during ACE legal workshop, , by Ph. Clerc, head of legal dpt, CNES) 1. Today, there is no legal frame concerning private space activities  No authorization and control system  Safety regulations and procedures elaborated by CNES for activities in which France is launching state 2. International context  General legal frame:. Space treaty (1967),. Convention on responsibility (1972),. Convention on registration (1975)  Obligation to monitor and authorize national space activities led by non-governmental entities  Very stringent responsibility regime

Toulouse, – Ch..Bonnal 6 Future National Authorization Regime: 1. Authorization and monitoring of space activities  Space operation: “any activity aiming at launching an object in extra- atmospheric space or controlling a space object during its stay in space, including its return on ground” 2. Prior authorization of space operations (autorisation préalable)  Authorization delivered by administrative authority (probably the Ministry in charge of Space), after instruction by CNES responsible of exerting, on behalf of French State, the control of conformity to technical regulations 3. Definition of a space operator  Anyone conducting, under its own responsibility and independently a space operation (derived from presentation during ACE legal workshop, , by Ph. Clerc, head of legal dpt, CNES)

Toulouse, – Ch..Bonnal 7 Future National Authorization Regime (ctd): 4. Shall obtain an authorization:  Any operator, whatever its nationality, intending to launch a space object from National Territory or from means or installations placed under French jurisdiction; or intending to recover a space object on French Territory…  Any French operator intending to launch a space object from a foreign country or from a zone not submitted to sovereignty of a country; or intending to recover a space object on a foreign country territory  Any French physical person, or any moral person whose HQ is in France, intending to launch a space object; or any French operator in charge of the control of a space object during its stay in extra-atmospheric space (derived from presentation during ACE legal workshop, , by Ph. Clerc, head of legal dpt, CNES)

Toulouse, – Ch..Bonnal 8 Future National Authorization Regime (ctd): 5. Conditions necessary to obtain an authorization:  Moral, financial and professional guarantee of the requester  Conformity to Technical Regulation (text defining applicable regulation under preparation)  Possibility of specific prescriptions associated to safety and environment, including space debris mitigation  Possibility of a License regime for entities conducting on a regular basis space activities  Necessity to contract insurances or to demonstrate equivalent financial guarantee (derived from presentation during ACE legal workshop, , by Ph. Clerc, head of legal dpt, CNES)

Toulouse, – Ch..Bonnal 9 Future National Authorization Regime (ctd): 6. Monitoring of the proper application of the obligations of an operator:  Enables State representatives (CNES agents by habilitation) to proceed to necessary controls  Access to Premises of the operator and Installations from which the operations will be conducted  Access to all necessary documentation  Administrative inquiry in case of significant incident or accident (derived from presentation during ACE legal workshop, , by Ph. Clerc, head of legal dpt, CNES)

Toulouse, – Ch..Bonnal 10 Conclusion: Private Human Access to Space is a fascinating activity:  Open door to a new domain with potential future applications  Room for innovation, at both technical and operational levels  Fun… But hurdles are numerous:  Some clearly defined: technical feasibility and robustness, human factors  Some well understood but challenging: financing, business plan  Some manageable: Reliability, Safety, Insurance,  Some to be defined: Legal aspects (new domain, new rules) The triumph of Space-Ship 1 in the Ansari X-Prize and the concepts currently under development tend to give optimism, but regulatory aspects may turn out to be a serious problem Private Human Access to Space is a complex activity, let us not kill it with legal and regulatory constraints: we need to work out good solutions !

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