1. ORGANIZING AEROSPACE TRAFFIC MANAGEMENT USING ANSP PROGRAMS AND SYSTEMS: IS IT POSSIBLE? 3 RD M ANFRED L ACHS I NT ’ L C ONF. ON N EW S PACE C OMMERCIALIZATION AND THE L AW L AW O FFICES OF N EIL G. W OLF, D EERFIELD, IL USA 60015 Law Offices of Neil G. Wolf, Deerfield, IL USA 60015 2

2. P ROLOGUE  The Aerospace Vehicle Era is coming – strike that, it’s here  Vehicles, launchers, modalities, zones of space, … imagination  Law, Policy, Regulation – Counting, or in a Hold?  Do we understand the present system?  What would work more effectively? – if there is something  What does all this imply? 2 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

3. C OUNTING, OR IN A H OLD ?  Legal Subcommittee of UN Committee on Peaceful Uses of Outer Space:  2009 request to ICAO Secretariat premised upon consideration of:  definition and delimitation of outer space; and  character and utilization of geostationary orbit (ensuring rational and equitable use of geostationary orbit without prejudice to ITU’s role)  requested ICAO secretariat to make, at 2010 Subcommittee session, a comprehensive presentation on current and foreseeable civil aviation operation, with particular emphasis on the upper limit of those operations  ICAO Secretariat reiterated its 2005 “Concept of Sub-orbital Flights” 3 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

4. C OUNTING, OR IN A H OLD ?  Key issues noted by ICAO 2005 “Concept of Sub-orbital Flights” (C-WP/12436 (175 th Sess., May 30, 2005)  Is it not the case that essentially all these issues are still pending, still awaiting concerted and decisive action?  Definitions of aircraft, aeroplane and space object; concepts of airspace and outer space; issues of international navigation; and under U.S. federal law, safety of “space flight participants”  Can ANSP Programs and Systems bridge the apparent “authorization deficit”? –  for present and immediately foreseeable challenges?  for looming and future challenges? 4 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

5. P RESENT S YSTEM  Paradigm of Scaled Composites and Virgin Galactic flight test – the airspace clearances (not the accident investigation)  NASA MOUs (Memoranda of Understanding) with the FAA, and USAF Space Command  FAA/AST – Department of Commercialization, or Air Traffic Management (as a developing lesser-included of Aerospace Traffic Management)?  Reagan era creation – reports to Secretary of Transportation  Commercial facilitator, not a technology or systems engineering or systems architecture organization  Connection to NextGen? Data security? Military airspace coordination? 5 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

6. P RESENT S YSTEM  FAA NextGen – ambitious, difficult, all-encompassing  The JPDO – Joint Planning and Development Office encompassed:  FAA and the Dep’t of Transportation, and the Dep’t of Commerce;  Dep’t of Defense and Dep’t of Homeland Security;  NASA and White House Office of Science and Technology Policy; and  Partners from industry and academia  And NextGen’s systems engineering employed “planning tools, namely the NextGen Concept of Operations (ConOps), the Enterprise Architecture (EA), and the Integrated Work Plan (IWP)” (JPDO, Targeted NextGen Capabilities for 2025 (Nov. 2011)) 6 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

7. I S T HERE A M ORE E FFECTIVE W AY F ORWARD ?  Accelerate modification of applicable SARPs and/or SARPs extended or extrapolated to reach additional subject matters?  At the operational (tactical) level, create a new cadre of ATCOs and ATM authorities at the national level to coordinate all civilian – i.e., non- military - flight vehicles of “whatever source derived”?  Establish a national authority at the institutional (strategic) level to plan, assess, manage, and redirect the several different executive agencies, departments, working groups? ( -- and empower the official leader of this authority as if he or she were the Deputy Vice President of the U.S. for Aerospace Regulatory Affairs (also with authority to represent the United States to foreign States and international bodies))?  Request that the Joint Chiefs of Staff, within 90 calendar days, submit a report and recommendations for effective and complete integration of military controlled airspace with civilian controlled airspace, in the entirety of the North American continent? 7 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

8. I MPLICATIONS, T AKE -A WAYS, T AKE -O FFS ….......  Looming, new challenges, each “in a word” (or a phrase):  Debris and collisions  Orbital congestion  Claims of appropriation (interfering with multi- national or international traffic management systems)  Data security  International security 8 3 rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law