Law Protects Those Who Take Risk Of Early Flights

In the latest commercial US space race, aviation safety regulators occupy a new niche... it's hands off, until someone gets killed.

Federal Aviation Administration officials have a unique relationship with the emerging space-tourism industry, which was discussed at a recent gathering of air and space lawyers this month in Memphis, TN according to USA Today.

"We're going to kill some people," says Tracey Knutson, a lawyer who has advised the FAA and who moderated a panel discussion on the topic. "The question is how the relationship then changes."

Laura Montgomery, senior attorney in the FAA's Office of the Chief Counsel, said once somebody dies, "we then have the authority to act and we would." Until then, Congress "told us to keep our mitts off."

Congress, in an effort to allow commercial competition among potential commercial space carriers, has exempted the space industry from FAA oversight, and protects space bound private citizens.

The Commercial Space Launch Amendments Act of 2004 treats the industry more like mountain climbing adventurers who are exploring new routes, or like visionaries who are learning from fatal mistakes.

FAA officials agree that participating passenger in commercial space flight will have to sign waivers explaining their risks, and agree not to sue the federal government for the thrill of space's weightlessness, should they be killed.

"This is an ultra-hazardous business," Patti Grace Smith, the FAA's associate administrator for Commercial Space Transportation told attendees at an American Bar Association forum on air and space law. She said part of the agency's effort to promote the industry's success means giving it room to fail.

The FAA however is restricted and can't provide safety regulations by law until 2012, unless there is a fatal flight accident. FAA will watch launches and space flight programs closely, promising to work with the companies involved, according to government officials.

As ANN reported, three workers died and three others were injured after an explosion in July during a test at California based Scaled Composites, a company launched by Burt Rutan.

Scaled Composites was responsible for launching SpaceShipOne, the first manned, privately financed spacecraft, in 2004.

A National Space Society, executive director and his wife have not let the explosion deter their enthusiasm, mirroring the motivation of the industry.

George Whitesides, also a senior adviser to Virgin Galactic, wants he and his wife to be among the first citizens to experience the company's space flights and have paid $200,000 each for the privilege.

"It will be very good when we have multiple safe vehicles flying," Whitesides says. "We all get to go to space, which is what this is all about."

While it will be fun and exciting, he says, it is also "important for advancing the species."

FMI: www.faa.gov/about/office_org/headquarters_offices/ast/reports_studies, www.virgingalactic.com