Letter to Augustine Review of U.S. Human Space Flight Plans Committee
July 23, 2009 at 9:10 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
Rep. Bart Gordan, Chairman of the House Committee on Science and Technology has sent a letter to Norm Augustine in relation to the Review of U.S. Human Space Flight Plans Committee. The letter focuses on
human space flight-related policies and provisions of the NASA Authorization Acts of 2005 and 2008, which represent the current congressional consensus on the nation’s human space flight and exploration plans and programs
NASA Space Shuttle Workforce Transition Strategy Third Report
July 22, 2009 at 1:02 pm | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
NASA has released its third NASA Space Shuttle Workforce Transition Strategy report. According to the introduction:
This Third Edition follows the release of the President’s detailed FY 2010 budget submit and establishment of the Review of U.S. Human Space Flight Plans Committee. These recent events have reaffirmed the Administration’s commitment to the broad goals laid out in current U.S. space exploration policy. Therefore, NASA’s focus in the near-term remains unchanged – to safely and successfully fly out the remaining eight Space Shuttle missions, including a mission to deliver the Alpha Magnetic Spectrometer to the International Space Station (ISS), complete assembly of the ISS, and continue to bring the initial operating capability (IOC) for Orion and Ares I online as soon as possible after Shuttle retirement. This update focuses on particular activities that have occurred since the October 2008 edition was released . . .
China-Russia Space Cooperation
July 22, 2009 at 11:05 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
From CNSA:
The Tenth Session of the Space Cooperation Sub-Committee of the China-Russia Premiers Regular Meeting Committee Held in Beijing
Date：2009-07-16 size：L M SJune 30, 2009, 10th session, the Space Cooperation Sub-Committee, the China-Russia Premiers Regular Meeting Committee held in Beijing, co-chaired by Dr. SUN Laiyan, Administrator of China National Space Administration(CNSA) and Mr. Anatoly Perminov, director of the Russian Federal Space Agency(ROSCOSMOS).
During this session, the China-Russia space cooperation was reviewed, the important issues such as ‘China-Russia Space Cooperation Project Outline, 2010-2012’ and ‘China-Russia Joint Mars Exploration Project’ were discussed, and the Sub-Committee Minutes were signed.
After the meeting, the heads of two space agencies watched the space-subjected picture show which was created by the students of Tongzhou Luhe Middle School, and sent gifts to the school and the representative of award-winning students.
DDTC Web Notice on Licensing Satellite Components for Launch from India
July 22, 2009 at 10:59 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
The Directorate of Defense Trade Controls (DDTC) has issued a web notice titled Licensing Satellite Components for Launch from India:
Licensing Satellite Components for Launch from India
On July 20, 2009, the United States and India signed a Technology Safeguards Agreement which effectively changes U.S. Government (USG) policy to permit the launch of civil or non-commercial satellites containing U.S. ITAR-controlled components on Indian space launch vehicles.
For the purposes of this policy, “civil or non-commercial satellites” does not include commercial satellites (communications or otherwise). Commercial satellites will continue to be subject to a presumption of denial; hybrid commercial satellites containing non-commercial payloads will be reviewed on a case-by-case basis.
Effective immediately as a result of this change in USG policy, the Directorate of Defense Trade Controls is implementing the following additional documentation requirements on requests for the export or retransfer of USML Category XV satellites or components for incorporation into satellites destined for launch from India. The following information must be contained in the purpose block of the application or in the Supplementary Letter of Explanation document attached as supporting material:
• Description of the satellite, to include satellite purpose, orbital inclination, and coverage area
• Purchaser of the satellite
• Manufacturer of the satellite
• Anticipated launch vehicle and scheduleApplicants are advised export licenses for satellite components destined for launch from India may be subject to monitoring in accordance with Section 1516 of Public Law 105-261. (See 22 CFR 123.27 for additional information.)
Any questions or concerns should be directed to Tony Dearth, Chief of the Space and Missile Technology Division, deartham@state.gov.
Review of U.S. Space Policy
July 22, 2009 at 10:51 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
From Aviation Week:
U.S. Space Policy Review Under Way
Jul 22, 2009
By Frank Morring, Jr.
National Security Adviser James Jones is conducting a government-wide review of U.S. space policy at the request of President Barack Obama, as former Lockheed Martin CEO Norm Augustine heads into the final set of public hearings on the review he is conducting of human spaceflight options.
NASA Administrator Charles Bolden told Aviation Week July 21 that Jones – like Bolden a retired Marine Corps general officer – was directed to “review our present policy and decide whether it is in keeping with our vision of the 21st century and where we want to go, and try to come up with a coherent space policy into which NASA and our plans fit, and ideally they would fit perfectly. . . . [Full Story]
H.R. 3273: To require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes
July 22, 2009 at 10:46 am | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
H.R. 3273: To require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes was introduced on July 21, 2009 by Rep. Rush Holt (D-NJ12):
HR 3273 IH
111th CONGRESS
1st Session
H. R. 3273
To require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 21, 2009
Mr. HOLT (for himself, Mr. HIGGINS, and Mr. LEE of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To require the implementation of certain recommendations of the National Transportation Safety Board, to require the establishment of national standards with respect to flight requirements for pilots, to require the development of fatigue management plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Ensuring One Level of Aviation Safety Act of 2009’.
SEC. 2. IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL TRANSPORTATION SAFETY BOARD.
(a) Implementation of Certain Recommendations- Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall implement the following recommendations of the National Transportation Safety Board:
(1) Recommendations A-03-53 through A-03-54, dated December 2, 2003 (relating to inspections for general aviation aircraft and low-airspeed alert systems for all aircraft).
(2) Recommendation A-05-14, dated May 13, 2005 (relating to programs for flight crewmembers who have demonstrated deficiencies in performance or training).
(3) Recommendations A-06-48 through A-06-51, dated July 10, 2006 (relating to aircraft operations in cold or icy conditions).
(4) Recommendation A-07-8, dated January 23, 2007 (relating to developing programs of education for air carrier pilots).
(b) Determinations With Respect to Pending and Future Recommendations-
(1) IN GENERAL- Not later than 180 days after the National Transportation Safety Board provides the Administrator of the Federal Aviation Administration with a safety recommendation, the Administrator shall submit to Congress a notification–
(A) indicating whether or not the Administrator has determined to implement the recommendation; and
(B)(i) if the Administrator determines to implement the recommendation, describing the actions the Administrator plans to take to implement the recommendation; or
(ii) if the Administrator determines not to implement the recommendation, describing the reasons for that determination.
(2) PENDING RECOMMENDATIONS- Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress the notification described in paragraph (1) with respect to each recommendation of the National Transportation Safety Board–
(A) made before the date of the enactment of this Act; and
(B) that is not implemented before such date of enactment.
SEC. 3. CERTIFICATION OF RECEIPT OF FEDERAL AVIATION ADMINISTRATION AIRWORTHINESS DIRECTIVES AND OTHER ORDERS BY AIR CARRIERS.
Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan that contains–
(1) a certification process under which each air carrier will certify to the Administration that the air carrier has received an airworthiness directive or other order issued by the Administration; and
(2) a plan for ensuring the compliance of air carriers with such directives and orders.
SEC. 4. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
(a) In General- The Administrator of the Federal Aviation Administration shall, not less frequently than once each year, perform random, unannounced, on-site inspections of regional air carriers to ensure that such air carriers are complying with all applicable safety standards of the Administration.
(b) Regional Air Carriers Defined- The Administrator of the Federal Aviation Administration shall determine which air carriers are regional air carriers for purposes of subsection (a).
SEC. 5. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY PILOTS.
(a) Completion of Rulemaking on Training Programs- Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the Notice of Proposed Rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers).
(b) Establishment of National Standard With Respect to Minimum Number of Flight Hours Required To Hire Commercial Aircraft Pilots- Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise regulations under part 61 of title 14, Code of Federal Regulations, to increase the minimum number of hours of flight experience required for pilots to conduct flight operations under parts 121 and 135 of title 14, Code of Federal Regulations.
SEC. 6. REGULATIONS TO ADDRESS PILOT FATIGUE.
(a) Regulations on Work Hours for Pilots- Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations specifying limitations on hours of flight time allowed for pilots to address problems relating to pilot fatigue.
(b) Fatigue Management Plans- Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations–
(1) providing guidance to air carriers to develop plans to ensure that pilots are not operating aircraft while fatigued;
(2) requiring air carriers to submit such plans to the Administration not later than 180 days after the Administrator issues the final rule with respect to the regulations and to update such plans on a regular basis; and
(3) establishing standards and procedures for the submission of such plans and the review of such plans by the Administration.
SEC. 7. ACCESS BY AIR CARRIERS TO INFORMATION ABOUT PRACTICAL TEST FAILURES BY PILOTS.
Section 44703(h)(1)(A) of title 49, United States Code, is amended–
(1) in clause (i), by striking ‘; and’ and inserting a semicolon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
‘(ii) any failed attempt of the individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; and’.
SEC. 8. OVERSIGHT OF PILOT TRAINING SCHOOLS.
Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan for overseeing pilot schools certified under part 141 of title 14, Code of Federal Regulations, that includes–
(1) ensuring that the curriculum and course outline requirements for such schools under subpart C of such part are being met; and
(2) conducting on-site inspections of each such school not less frequently than once every 2 years.
EUMETSAT and ESA sign GMES Framework Agreement
July 22, 2009 at 10:39 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
From Eumetsat:
Press Releases
July 21, 2009
EUMETSAT and ESA sign GMES Framework Agreement
EUMETSAT, the European Organisation for the Exploitation of Meteorological Satellites, on 20 July signed a Framework Agreement with the European Space Agency (ESA) on the Global Monitoring for Environment and Security (GMES) programme.
[link]Contact UsThe agreement, which was signed by the EUMETSAT Director-General, Dr. Lars Prahm, and the Director-General of ESA, Jean-Jacques Dordain, will pave the way for further detailed implementing arrangements between both organisations for cooperation on GMES Sentinels (Sentinels-3, -4 and -5).
The GMES Framework Agreement sets out the roles and responsibilities of EUMETSAT and ESA in their cooperation on the GMES Space Component (GSC). Under the agreement, ESA will be responsible for the procurement of the GMES Sentinel missions, the overall coordination of the GSC and for the interface between the GSC and GMES Services. EUMETSAT will be responsible for the contribution of its mission data, products and services to GMES, in accordance with the EUMETSAT Data Policy, and for establishing the mission requirements as well as contributing to the development of the GMES Sentinel missions that EUMETSAT will operate.
EUMETSAT and ESA plan specific implementing arrangements on their cooperation on the GMES Sentinel-3 Ground Segment and those concerning the integration of GMES Sentinel-4 instruments in and their flight on EUMETSAT’s Meteosat Third Generation (MTG) satellites and the integration of Sentinel-5 instruments in and their flight on Post-EUMETSAT Polar System satellites.
EUMETSAT is already providing its data and products, including real-time data, free of charge to the five GMES Core Services (three fast-track and two pilot services) during their currently ongoing pre-operational phase. The three fast track services are the Land Core Service, Marine Core Service, Emergency Response Support Service, and the two pilot services cover Security and Atmosphere monitoring. EUMETSAT is therefore providing a large part of the space data needed by GMES Core Services on Marine and Atmosphere monitoring.
The GMES Framework Agreement was approved by the EUMETSAT Council meeting in Darmstadt on 30 June and 1 July 2009. It was already unanimously approved by the ESA Council on 10 June 2009.
At its last meeting, the EUMETSAT Council also adopted a draft programme proposal on the GMES Sentinel-3 Programme under the responsibility of ESA. EUMETSAT will be the operator of Sentinel-3, serving the marine user community with near-real-time and off-line products.
8th Continent Space 2.0 Speaker Series: Patent Reform: Are We Headed in the Right Direction? A View From the Trenches
July 22, 2009 at 10:33 am | Posted in Space Law Current Events | Leave a commentby P.J. Blount with the blog faculty
From the 8th Continent Project:
What: “Patent Reform: Are We Headed in the Right Direction? A View From the Trenches.”
When: Weds., Aug. 12, 7-9 a.m. MDT
Where: Law offices of Townsend and Townsend and Crew, 1400 Wewatta St., Suite 600, Denver. Light breakfast will be served.
Webcast: Visit www.8cproject.com for details (coming soon).
Speaker: Gene Branch, J.D., partner, Townsend and Townsend and Crew, will discuss the shortcomings of America’s antiquated patent system, why it needs to be overhauled and how to proceed if you have an idea you need to protect.
Cost: Free to 8th Continent Chamber members, $20 for nonmembers. Space is limited to 40 people.
RSVP: Call 720-833-5915 by Friday, Aug. 7, or email news@8CProject.com.
Speaker Bio: With degrees in engineering and business as well as law, and stints as an officer in the U.S. Air Force and an aerospace engineer as well as a patent attorney, Gene Branch brings knowledge and perspective to the topic of intellectual property protection. Information: www.townsend.com.
About The 8th Continent Project: Based at the Colorado School of Mines in Golden, the 8th Continent Project is an entrepreneurial promotion program for early-stage companies “bringing space down to Earth” by adapting space technology for terrestrial applications. The 8th Continent Project’s programs include a Chamber of Commerce, business incubator and funding network, working together to develop the next generation of space business ventures. Information: www.8cproject.com.
Senate Votes Against F-22 Program
July 22, 2009 at 10:29 am | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
From CNN:
WASHINGTON (CNN) — The Senate voted Tuesday to block expansion of one of the country’s most controversial and expensive defense programs, the F-22 fighter jet program.
The vote gave the White House and Pentagon a key victory over congressional supporters of the F-22, many of whom represent states and districts where jobs are tied to the production of the jet. . . . [Full Story]
Space in Japan’s Defense White Paper
July 22, 2009 at 8:59 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
Japan’s Ministry of Defense released its Annual White Paper on defense on July 17. The defensive use of space is included (with analysis of the effects of Japan’s Basic Space Law) in Pt. II, Chap. 1, Sec. 4.1:
1. Efforts for Development and Utilization of Space With the enactment of the Basic Space Law1 in May 2008, it has become clearer that the development and utilization of space by Japan shall be carried out under the principle of peace enshrined in the Constitution of Japan in compliance with international commitments. Furthermore, the Government of Japan shall take necessary measures to promote the development and utilization of space that contributes to ensuring the peace and security of the international community, as well as to the security of Japan. Moreover, the Strategic Headquarters for Space Development was formed within the Cabinet in order to promote measures concerning the development and utilization of space in a comprehensive and systematic manner.
The Basic Plan on Space Policy, which was formulated by the Strategic Headquarters for Space Development, was published on June 2 2009. The 6 key elements of the plan are based on the Basic Space Law and include realizing a safe, secure and affluent society through the development of space as well as strengthening national security through the development of space.
With the drastic changes in the environment, specifically, the enactment of the Basic Space Law, the Ministry of Defense has been deliberating on necessary measures, for example, about feasibility of development and utilization of space in the new security context, in cooperation with discussions on the comprehensive and systematic development and utilization of space of the entire government.
In specific terms, the Ministry of Defense established the Committee for Promotion of Outer Space Development and Use, chaired by the Senior Vice-Minister in August 2008 and conducted active discussions.
On January 15, 2009, the said Committee formulated the Basic Policy for Space Development and Utilization (the Basic Policy)2, which was reported to the Minister of Defense. The Basic Policy stipulates that the development and utilization of space is a particularly effective tool for strengthening functions of C4ISR3 in light of the emphasis of building-up of defense capabilities being placed on understanding of current status, information sharing and upgrading of command and control systems by organically linking individual equipment and systems, and thus maximizing the capacity of the equipment as an entire unit.
Based on the significance of the development and utilization of space in the defense area, with regard to measures for the promotion of the development and utilization of space, discussions are to be conducted in view of specific applications while keeping in mind the review of the National Defense Program Guidelines (NDPG) and the formulation of the next Mid-Term Defense Program expected to take place at the end of this fiscal year, including generalized theory4, with the organic cooperation of the whole government.
Furthermore, the Basic Policy presents the direction of future discussions and measures with regard to satellites with various functions such as information collection, warning and surveillance, and
telecommunications, launching systems, human resources/organizations, and technological infrastructure.Along with this, it indicates points to be noted in promoting these measures: for example, promotion of cooperation with the commercial sector and exchange with other organizations.
In the future, the Ministry of Defense intends to vigorously conduct discussions on specific measures, while seeking cooperation with related ministries, including the Cabinet Office, based on the Basic Policy and the Basic Plan on Space Policy with the aim of promoting new development and utilization of space in the security field.
1) See http//www.kantei.go.jp/jp/singi/utyuu/about2html
2) See http//www.mod.go.jp/j/infouchuukaihatsu/index.html
3) Abbreviation ‘Command, Control, Communication, Computer, Intelligence, Surveillance and Reconnaissance” which is the collective term of each function
4) The notion that allows the SDF to use satellites whose use has been generalized and those with similar functions
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