NASA dishes out $270 million to speed U.S. return to orbit after space shuttle retirement
April 20, 2011 at 9:55 am | Posted in Space Law Current Events | Leave a commentby Sara M. Langston with the blog faculty
Scientific American - NASA dishes out $270 million to speed U.S. return to orbit after space shuttle retirement
U.S. Department of Transportation Expands Airline Passenger Protections
April 20, 2011 at 9:47 am | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
Source – The Department of Transportation:
DOT 51-11
Wednesday, April 20, 2011
U.S. Department of Transportation Expands Airline Passenger ProtectionsWASHINGTON, DC – U.S. Transportation Secretary Ray LaHood today announced new airline passenger protections that will require airlines to reimburse passengers for bag fees if their bags are lost, provide consumers involuntarily bumped from flights with greater compensation, expand the current ban on lengthy tarmac delays, and disclose hidden fees. The rulemaking finalized today builds on passenger protections issued by the U.S. Department of Transportation in December 2009, which prohibited U.S. airlines operating domestic flights from permitting an aircraft to remain on the tarmac for more than three hours, with exceptions for safety, security and air traffic control related-reasons. The rule also required U.S. airlines to provide basic services such as access to lavatories and water in the event of extended tarmac delays.
“Airline passengers have a right to be treated fairly,” said Secretary LaHood. “It’s just common sense that if an airline loses your bag or you get bumped from a flight because it was oversold, you should be reimbursed. The additional passenger protections we’re announcing today will help make sure air travelers are treated with the respect they deserve.”
Lost Bags and Bag Fees. Airlines will now be required to refund any fee for carrying a bag if the bag is lost. Airlines will also be required to apply the same baggage allowances and fees for all segments of a trip, including segments with interline and code share partners. Airlines are already required to compensate passengers for reasonable expenses for loss, damage or delay in the carriage of passenger baggage.
Full Disclosure of Additional Fees. Airlines will also have to prominently disclose all potential fees on their websites, including but not limited to fees for baggage, meals, canceling or changing reservations, or advanced or upgraded seating. In addition, airlines and ticket agents will be required to refer passengers both before and after purchase to up-to-date baggage fee information, and to include all government taxes and fees in every advertised price. Previously, government taxes and fees were not required to be included in the up-front fare quotation.
In addition, the rule announces that the Department will issue a supplemental notice of proposed rulemaking later this year that would require, among other things, that ancillary fees be displayed at all points of sale.
Bumping. Today’s rule doubles the amount of money passengers are eligible to be compensated for in the event they are involuntarily bumped from an oversold flight. Currently, bumped passengers are entitled to cash compensation equal to the value of their tickets, up to $400, if the airline is able to get them to their destination within a short period of time (i.e., within 1 to 2 hours of their originally scheduled arrival time for domestic flights and 1 to 4 hours of their originally scheduled arrival time for international flights). Bumped passengers are currently entitled to double the price of their tickets, up to $800, if they are delayed for a lengthy period of time (i.e., over two hours after their originally scheduled arrival time for domestic flights and over 4 hours after their originally scheduled arrival time for international flights). Under the new rule, bumped passengers subject to short delays will receive compensation equal to double the price of their tickets up to $650, while those subject to longer delays would receive payments of four times the value of their tickets, up to $1,300. Inflation adjustments will be made to those compensation limits every two years.
Tarmac Delays. The new rule expands the existing ban on lengthy tarmac delays to cover foreign airlines’ operations at U.S. airports and establishes a four hour hard time limit on tarmac delays for international flights of U.S. and foreign airlines, with exceptions allowed only for safety, security or air traffic control-related reasons. Carriers must also ensure that passengers stuck on the tarmac are provided adequate food and water after two hours, as well as working lavatories and any necessary medical treatment.
The extended tarmac delays experienced by passengers on international flights operated by foreign carriers at New York’s JFK Airport during the December 2010 blizzard was an important factor in the Department’s decision to extend the tarmac delay provisions to foreign air carriers and establish a four hour tarmac delay limit for international flights.The Department of Transportation’s rule will make air travel simpler and easier in a number of other ways, including:
* Requiring airlines to allow reservations to be held at the quoted fare without payment, or cancelled without penalty, for at least 24 hours after the reservation is made, if the reservation is made one week or more prior to a flight’s departure date.
* Requiring airlines to promptly notify consumers of delays of over 30 minutes, as well as cancellations and diversions. This notification must take place in the boarding gate area, on a carrier’s telephone reservation system and on its website.
* Banning post-purchase fare increases unless they are due to government-imposed taxes or fees, and only if the passenger is notified of and agrees to the potential increase at the time of sale.
* Requiring more airlines to report lengthy tarmac delays at U.S. airports with DOT, including data for international flights and charter flights. Previously, only the 16 largest U.S. passenger carriers were required to file this data, and only for domestic scheduled flights.
Secretary LaHood announced the first airline consumer protection rule in December 2009, and that rule has resulted in the near-elimination of lengthy tarmac delays. Between May 2010 and February 2011, the first full 10 months the rule was in effect, the largest U.S. airlines reported only 16 tarmac delays of more than three hours, compared to 664 from May 2009 through February 2010. The new rule also required these airlines to post on-time performance information for each domestic flight they or their code-share partners operate.
Most provisions of the rule will take effect 120 days after its publication in the Federal Register. The final rule, proposed rule and comments are available on the Internet at www.regulations.gov, docket DOT-OST-2010-0140.
-END
United States and Saudi Arabia Initial Open Skies Agreement
April 19, 2011 at 9:30 am | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
Source – The State Department:
United States and Saudi Arabia Initial Open Skies Agreement
Media Note
Office of the Spokesman
Washington, DC
April 18, 2011On April 18, the United States and the Kingdom of Saudi Arabia initialed the U.S.-Saudi Arabia Open Skies Agreement. The Agreement, which will be applied on the basis of comity and reciprocity pending its entry into force, will liberalize our bilateral aviation relationship.
This agreement strengthens and expands our already strong trade and tourism links with Saudi Arabia, and will benefit American and Saudi Arabian businesses and travelers. It will expand air service and encourage vigorous price competition by airlines, while safeguarding aviation safety and security.
For more information about Open Skies, please visit: http://www.state.gov/e/eeb/tra/ata/.
PRN: 2011/597
NASA Awards Next Set Of Commercial Crew Development Agreements
April 19, 2011 at 8:27 am | Posted in Space Law Current Events | Leave a commentby Sara M. Langston with the blog faculty
Source: NASA
RELEASE : 11-102
WASHINGTON — NASA has awarded four Space Act Agreements in the second round of the agency’s Commercial Crew Development (CCDev2) effort. Each company will receive between $22 million and $92.3 million to advance commercial crew space transportation system concepts and mature the design and development of elements of their systems, such as launch vehicles and spacecraft.
The selectees for CCDev2 awards are:
– Blue Origin, Kent, Wash., $22 million
– Sierra Nevada Corporation, Louisville, Colo., $80 million
– Space Exploration Technologies (SpaceX), Hawthorne, Calif., $75 million
– The Boeing Company, Houston, $92.3 million“We’re committed to safely transporting U.S. astronauts on American-made spacecraft and ending the outsourcing of this work to foreign governments,” NASA Administrator Charles Bolden said. “These agreements are significant milestones in NASA’s plans to take advantage of American ingenuity to get to low-Earth orbit, so we can concentrate our resources on deep space exploration.”
The goal of CCDev2 is to accelerate the availability of U.S. commercial crew transportation capabilities and reduce the gap in American human spaceflight capability. Through this activity, NASA also may be able to spur economic growth as potential new space markets are created.
Once developed, crew transportation capabilities could become available to commercial and government customers.
“The next American-flagged vehicle to carry our astronauts into space is going to be a U.S. commercial provider,” said Ed Mango, NASA’s Commercial Crew Program manager. “The partnerships NASA is forming with industry will support the development of multiple American systems capable of providing future access to low-Earth orbit.”
These awards are a continuation of NASA’s CCDev initiatives, which began in 2009 to stimulate efforts within U.S. industry to develop and demonstrate human spaceflight capabilities. For more information about NASA’s Commercial Crew Program, visit: http://www.nasa.gov/exploration
Copies of the Space Act Agreements are available at:
Additional Speakers Confirmed for June 7, 2011 The Future of Commercial Space Regulation
April 18, 2011 at 2:24 pm | Posted in NCRSASL News | Leave a commentby Joanne Irene Gabrynowicz with the blog faculty
Agenda: http://www.spacelaw.olemiss.edu/future-of-commercial-agenda.pdf
Registration: http://www.spacelaw.olemiss.edu/commercial-spacelaw-registration.php
USC Title 51: The Codification of US National and Commercial Space Law
Robert Mark Sukol, Senior Counsel, Office of the Law Revision Counsel, U.S. House of Representatives
Public-Private Partnerships: Obtaining better results in the U.S.
Michael J. Mendelson, Asst General Counsel, Intelsat
Sustained Long-Term Planning and the Complementary Roles of the Public and Private Sectors
Henry Herzfeld, Research Professor, Space Policy Institute, The George Washington University
Jones Day
51 Louisiana Avenue
N.W. Washington, D.C. 20001-2113
7th Floor Conference Center
7 June 2011
Panel on Space Situational Awareness
April 18, 2011 at 2:05 pm | Posted in Space Law Current Events | 1 Commentby Sara M. Langston with the blog faculty
Source: U.S. State Department
Remarks
Frank A. Rose
Deputy Assistant Secretary, Bureau of Arms Control, Verification and ComplianceNational Space SymposiumColorado Springs, COApril 14, 2011
As prepared
Thank you for your kind introduction. It is a pleasure to participate in this symposium. This is actually my first time at the National Space Symposium, and I now understand why my staff always asks to attend.
I’m also particularly pleased to be able to participate in this panel on space situational awareness. The recent concern over the proximity of debris from the 2007 Chinese ASAT test to the International Space Station highlights the critical importance of space situational awareness in preventing devastating collisions.
While many within the United States may think that space situational awareness, or SSA, is purely a Department of Defense issue, the State Department also plays a crucial role because international cooperation is necessary to ensure that we have robust situational awareness of the space environment. In fact, the President’s National Space Policy directs U.S. Government departments and agencies to collaborate with other nations as well as the private sector and non-governmental organizations to improve our space situational awareness – in particular, to improve our shared ability to rapidly detect, warn of, characterize, and attribute natural and man-made disturbances to space systems.
There are many ways that international cooperation enhances our shared SSA. General Helms discussed our efforts to share data through the SSA Sharing Program and through emergency notifications; I will explain how the State Department supports those efforts. I will also discuss the various multilateral and bilateral engagements on space situational awareness. Finally, I will discuss other international initiatives that work to enhance SSA such as the European Union’s proposal for an international Code of Conduct and the agenda item on Long-Term Sustainability of Space Activities within the United Nation’s Committee on the Peaceful Uses of Outer Space.
Cooperation to Prevent Collisions
One way that international cooperation enhances SSA is the information exchange with satellite owners and operators to prevent future collisions. As General Helms discussed, the United States provides notifications to other governments and commercial satellite operators of potentially hazardous conjunctions between orbiting objects. The State Department continues to be extremely supportive of U.S. Strategic Command’s efforts to establish two-way information exchanges with foreign satellite operators and to facilitate rapid notifications of potential space hazards.
The United States is constantly seeking to improve its ability to share information with other space-faring nations as well as with our commercial sector partners. For example, the Department of State is currently reaching out to all space-faring nations to ensure that the Joint Space Operations Center, or JSpOC, has current contact information for both government and private sector satellite operations centers. Those efforts include ongoing discussions with Russia on measures to enhance safety for robotic space missions as well as for human spaceflight.
SSA Cooperation
Across the United States government, we are supporting numerous multilateral and bilateral engagements in space situational awareness. For example, the United States is collaborating with our friends and allies in Europe as they consider developing their own SSA system. The State Department, in collaboration with Department of Defense, is currently engaged in technical exchanges with experts from the European Space Agency, the European Union, and individual ESA and EU Member States to ensure our existing and planned SSA systems contribute to a more comprehensive situational awareness picture to ensure the safety, stability, and security of the space domain. In addition, the U.S. Department of Defense has signed bilateral SSA statements of principles with Canada, France, and Australia. Looking ahead, the United States also sees opportunities for cooperation on SSA with other nations around the globe.
International “Code of Conduct for Outer Space Activities”
Transparency and confidence-building measures, or TCBMs, also have the potential of enhancing our knowledge of the space environment. In our implementation of the President’s 2010 National Space Policy, the United States has been pursuing TCBMs to strengthen stability in space. For instance, the United States is continuing to consult with the European Union on its initiative to develop an international Code of Conduct for Outer Space Activities. We hope to make a decision in the near term as to whether the United States can sign on to the Code. That said, while the United States has yet to make a final decision, we see such a Code of Conduct to be fully consistent with both the President’s National Space Policy and existing U.S. practices to promote the responsible use of space.
An example where a Code of Conduct could contribute to our shared SSA is its political commitment to provide notifications in a timely manner of malfunctions that might place space objects at risk, as well as any accidents or collisions that have taken place.
As I previously noted, the United States is already following such practices – as we did when we promptly notified Russia through diplomatic channels when the U.S. space surveillance network detected the collision of a commercial Iridium satellite with an inoperable Russian military spacecraft in February 2009. As a result, non-legally binding measures such as the proposed Code of Conduct could build on our existing practices as well as U.S. and allied SSA capabilities by mitigating the risk of mishaps, misperceptions, and mistrust.
Cooperation on “Long-Term Sustainability of Outer Space Activities”
Another initiative that will hopefully enhance SSA is the multi-year study of “long-term sustainability of space activities” within the Scientific and Technical Sub-Committee of the Committee on the Peaceful Uses of Outer Space (COPUOS). We anticipate the formation of expert working groups to support this study. One of these expert working groups will focus on space debris, space operations, and tools for collaborative SSA while another will focus on space weather, thereby addressing the range of potential hazards to earth-orbiting satellites. We are hopeful that this effort will lead to the formation of voluntary “best practice guidelines,” which will help reduce operational risks to all space systems. In addition to drawing on the expertise of spaceflight experts, this study also will draw upon the background and “best practice guidelines” that have been developed by U.S. commercial satellite operators.
Conclusion
Space situational awareness is essential to ensure stability in space and sustainability of our space activities. To this end, the United States is striving to improve our ability to monitor, track, and provide notifications regarding space objects. However, our picture of the space environment is greatly enhanced through international cooperation. Examples of this cooperation include sharing SSA information as well as pursuing initiatives such as the EU’s proposal for an international Code of Conduct and the COPUOS Agenda Item on Long-Term Sustainability of Space Activities. Such cooperation with established and emerging members of the space-faring community and with the private sector will help to preserve the space environment for the benefit of all nations and future generations.
Scrutiny Lags as Jetliners Show the Effects of Age
April 18, 2011 at 1:55 pm | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: NY Times
After the 1988 Aloha Airlines 737 incident when the cabin roof ripped off the plane, Federal Regulators and Boeing investigated and thought they solved the problem of aircraft metal fatigue.
But the five-foot hole in the roof of a Southwest Airlines 737 this month and other recent incidents indicated that they had not. In fact, a stream of safety directives from the Federal Aviation Administration in the years since the Aloha incident shows that structural cracks from metal fatigue remain a persistent problem on older planes.
Safety experts say that the industry and regulators rely far too much on a patchwork of rules that are largely reactive: each time a problem in one part of the plane is found, inspectors add that area to their checklists. Late last year, the F.A.A. itself acknowledged the seriousness of the issue when, for the first time, it issued a rule to set flying limits for aging aircraft. “The potential for catastrophic structural failure,” it said, “is very significant.”
Even so, the F.A.A. took more than four years to write the rule, as airlines objected that it would reduce the value of their planes and force them to ground some they thought could still fly. In response, the F.A.A. toned down the rule, extending a deadline for plane makers to come up with the lifetime limits.
F.A.A. and industry officials say they are reviewing their policies on aging planes. But they note that fatigue problems have not caused any deaths on jetliners since the Aloha accident, even with millions of flights a year in the United States. [Full story]
Library: A Round-up of Reading
April 18, 2011 at 1:48 pm | Posted in Library | Leave a commentArticles
Christopher M. Hearsey, The Nexus between Law and Astrosociology, 9 Astropolitics 28 (2011).
Reports
International Space Station (ISS)–Ongoing Assessments for Life Extension Appear to Be Supported. GAO-11-519R, April 11
Blogs
Only TSA Can Touch You This Way – Volokh Conspiracy
The source of the 130-ton SLS provision – Space Politics
Air Traffic Controllers Sleeping on Duty: A Simple Solution? – Aviation Law Monitor
NASA to Get $18.485 Billion for FY2011; See Our Updated Fact Sheet – Space Policy Online
Texas versus New York – Space Politics
Cyberspace – The Final, Final Frontier – Security Debrief
Obama Administration Wants to Take Warrant Requirement for GPS Use to Supreme Court – Geospatial Science and Technology Policy
E.U. to Review Mobile Operators’ Policies on Web Access
April 18, 2011 at 1:04 pm | Posted in Telecommunications | Leave a commentby Sara M. Langston with the blog faculty
Source: NY Times
BERLIN — The European Commission is planning to investigate whether European mobile operators are managing wireless Internet traffic to discriminate against competitors or consumers who use data-intensive services.
Neelie Kroes, the European Union’s telecommunications commissioner, on Tuesday will ask an advisory panel of national regulators to examine whether mobile operators are upholding the principle of network neutrality, which calls for all data traffic to be treated equally.
The review will ask regulators from E.U. member states to examine whether a European telecommunications law that takes effect on May 25 is sufficient to ensure an open Internet. The law requires operators to disclose traffic management practices to consumers, gives consumers the right to switch operators in a single day and gives national regulators the power to set minimum levels of service for mobile Internet operators.
Lawmakers in Europe, unlike those in the United States, have taken a relatively hands-off approach to network neutrality, allowing the Continent’s mobile operators, which are typically former national monopolies, to manage and prioritize data to ensure smooth flowing traffic.
In the United States, the Federal Communications Commission last year adopted network neutrality rules that forbid operators to block content on their networks. But the commission’s legal authority has been questioned, and the U.S. House of Representatives voted on April 8 to restrict the F.C.C.’s ability to manage operator practices. [Full story]
U.S. Government Continues Review of Cirrus Acquisition
April 18, 2011 at 12:37 pm | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: Aviation Week
The management at Cirrus Aircraft is awaiting word from the U.S. government regarding clearance to proceed with the Minnesota planemaker’s acquisition by China Aviation Industry General Aircraft Co., Ltd., (AVIC).
The $200+ million takeover, announced Feb. 28, has met with opposition that Cirrus executives maintain is misplaced and potentially damaging.
Rep. Chip Cravaack (R-Minn.), whose district includes the main Cirrus plant and headquarters in Duluth, told the Committee on Foreign Investment in the U.S. (CFIUS) that he was concerned FJ33 engine and FADEC that powers the Vision jet, now under development by Cirrus, could be adapted by the Chinese for use in weapons systems. He has asked Treasury Secretary Timothy Geithner, who chairs the committee, to block the sale until the national security concerns are satisfied.
The committee is expected to rule on the matter soon.
In addition to security matters, Cravaack says he is also concerned that the AVIC might transfer Cirrus production – and the jobs that go with it – to China.
Cirrus management maintains that neither of the legislator’s concerns has merit.
In determining the best course of action on the acquisition, CFIUS has a broad range of options available to it up to and including letting the White House decide.
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