Author: The Law The Law Library Publisher: Createspace Independent Publishing Platform ISBN: 9781727543155 Category : Languages : en Pages : 28
Book Description
Reciprocal Waivers of Claims for Multiple-Customer Commercial Space Launch and Reentry (US Federal Aviation Administration Regulation) (FAA) (2018 Edition) The Law Library presents the complete text of the Reciprocal Waivers of Claims for Multiple-Customer Commercial Space Launch and Reentry (US Federal Aviation Administration Regulation) (FAA) (2018 Edition). Updated as of May 29, 2018 This action clarifies a reciprocal waiver of claims requirement for an FAA authorized launch or reentry in which a licensee or permittee has multiple customers. There has been confusion about whether all customers must sign or whether one customer can sign such an agreement on behalf of all customers. This action eliminates any confusion by clarifying that a reciprocal waiver of claims requires each customer to enter into a waiver with the U.S. Government and the licensee or permittee. However, this action does not change the existing practice for government customers, which is that the FAA signs on their behalf. This book contains: - The complete text of the Reciprocal Waivers of Claims for Multiple-Customer Commercial Space Launch and Reentry (US Federal Aviation Administration Regulation) (FAA) (2018 Edition) - A table of contents with the page number of each section
Author: Maria-Vittoria “Giugi” Carminati Publisher: BRILL ISBN: 9004399712 Category : Law Languages : en Pages : 496
Book Description
In What Does Risk Mean in this New “Risky Space Business”?, Dr. Carminati offers a first-of-its-kind analysis of US tort law as it applies to commercial spaceflight operations, including an in-depth review of pre-emption, federal cross-waivers, and state tort defenses.
Author: United States. Congress. House. Committee on Science, Space, and Technology (2011). Subcommittee on Space Publisher: ISBN: Category : Indemnity against liability Languages : en Pages : 124
Author: Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781974257638 Category : Languages : en Pages : 36
Book Description
" A catastrophic commercial launch accident could result in injuries or property damage to the uninvolved public, or "third parties." In anticipation of such an event, a launch company must purchase a fixed amount of insurance for each launch and reentry, per calculation by FAA; the federal government is potentially liable for claims above that amount up to an additional $1.5 billion, adjusted for inflation and subject to congressional appropriations. As of 2012, the inflation-adjusted amount is about $2.7 billion. CSLAA provides for this payment, called indemnification. The indemnification provision, unless reauthorized, expires this year. GAO was asked to address, among other things, (1) the U.S. government's indemnification policy compared to policies of other countries, (2) the federal government's potential costs for indemnification, (3) the ability and willingness of the insurance market to provide additional coverage, and (4) the effects of ending indemnification on the competitiveness of U.S. launch companies. GAO reviewed FAA data and documents and relevant literature and conducted interviews with officials from FAA and the National Aeronautics and Space Administration, insurers, brokers, launch companies, launch customers, risk modelers, and experts. "
Author: United States Government Accountability Office Publisher: ISBN: 9781482052442 Category : Reference Languages : en Pages : 32
Book Description
GAO's work to date work indicates the United States provides less indemnification for third party losses than China, France, and Russia, according to studies. These countries put no limit on the amount of government indemnification coverage currently available through the Commercial Space Launch Act Amendments of 1988 (CSLA) which is about $2.7 billion per launch. These commitments to pay have never been tested because there has never been a third party claim that exceeded the launch company's insurance and thus reached the level of government indemnification. The potential cost to the federal government of indemnification for third party losses is currently unclear. This is because it depends in part on the method used by the Federal Aviation Administration (FAA) to calculate the amount of insurance that launch companies must purchase, which may not be sound. FAA has used the same method since 1988 and has not updated crucial components, such as the cost of a casualty. Estimating probable losses from a rare catastrophic event is difficult, and insurance industry officials and risk modeling experts said that FAA's method is outdated. FAA, however, has not had outside experts or risk modelers review its appropriateness. An inaccurate calculation that understates the amount of insurance a launch provider must obtain would increase the likelihood of costs to the federal government, whereas a calculation that overstates the amount of insurance would decrease the likelihood of federal costs. FAA officials said that their method was reasonable and conservative, but they agreed that a review could be beneficial and that involvement of outside experts might be helpful for improving their methodology. Overall, they said use of more sophisticated methodologies would have to be balanced with the additional costs to both FAA and the launch companies that would result from requiring and analyzing additional data. The insurance market is generally willing and able to provide up to $500 million per launch as coverage for third party liability, according to industry representatives GAO contacted. Because the amount of insurance FAA requires launch providers to obtain averages about $99 million per launch, and coverage available through CSLA is about $2.7 billion above that, insurers could provide some of the coverage currently available through CSLA. However, the amount and price of insurance that could be provided could change quickly if a large loss were to occur, according to insurance industry representatives. The actual effects on competition of eliminating CSLA indemnification are currently unknown. However, launch companies and customers GAO contacted believe that ending federal indemnification could lead to higher launch prices for U.S. launch companies, making them less competitive than foreign launch companies. Although the cost of third party liability insurance coverage for launch companies has been about 1 percent the dollar amount of coverage they purchased, how much this cost might increase in the absence of federal coverage is not clear. Launch customers said that price and vehicle reliability were key factors in their choice of a launch company. Launch companies reported that additional costs would be passed along to customers, but whether this increase alone would be sufficient reason for a launch customer to choose a foreign launch company over a U.S. company is also not clear.
Author: V. Kayser Publisher: Springer Science & Business Media ISBN: 0306484056 Category : Law Languages : en Pages : 384
Book Description
Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
Author: Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781974257652 Category : Languages : en Pages : 32
Book Description
" A catastrophic commercial launch accident could result in injuries or property damage to the uninvolved public, or "third parties." In anticipation of such an event, a launch company must purchase a fixed amount of insurance for each launch, per calculation by FAA; the federal government is potentially liable for claims above that amount up to an additional $1.5 billion, adjusted for inflation, subject to congressional appropriations. As of 2012, the inflation-adjusted amount is about $2.7 billion. CSLA provides for this payment, called indemnification. The indemnification provision, unless reauthorized, expires this year. This testimony provides preliminary information on, among other things, (1) a comparison of the U.S. government's indemnification policy to policies of other countries, (2) the federal government's potential costs for indemnification, (3) the ability and willingness of the insurance market to provide additional coverage, and (4) the effects of ending indemnification on the competitiveness of U.S. launch companies. This testimony is based on ongoing work that includes a review of FAA data and documents and relevant literature and interviews with officials from FAA, National Aeronautics and Space Administration, insurers, brokers, launch companies, launch customers, risk modelers, and experts. "
Author: The Law The Law Library Publisher: Createspace Independent Publishing Platform ISBN: 9781729690857 Category : Languages : en Pages : 28
Book Description
Cross-Waiver of Liability (US National Aeronautics and Space Administration Regulation) (NASA) (2018 Edition) The Law Library presents the complete text of the Cross-Waiver of Liability (US National Aeronautics and Space Administration Regulation) (NASA) (2018 Edition). Updated as of May 29, 2018 The National Aeronautics and Space Administration (NASA) is amending its regulations which provide the regulatory basis for cross-waiver provisions used in the following two categories of NASA agreements: agreements for International Space Station (ISS) activities pursuant to the "Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station" (commonly referred to as the ISS Intergovernmental Agreement, or IGA); and launch agreements for science or space exploration activities unrelated to the ISS. This book contains: - The complete text of the Cross-Waiver of Liability (US National Aeronautics and Space Administration Regulation) (NASA) (2018 Edition) - A table of contents with the page number of each section
Author: United States. Federal Aviation Administration. Office of the Associate Administrator for Commercial Space Transportation Publisher: ISBN: Category : Astronautics Languages : en Pages : 20
Book Description
The Federal Aviation Administration (FAA), Associate Administrator for Commercial Space Transportation (AST) regulates the emerging Reusable Launch Vehicle (RLV) industry. Such regulatory efforts are used only to the extent necessary to ensure that industry activities do not jeopardize public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations of the U.S. Corresponding to the FAA/ASTs regulatory authority, this guide discusses the validation and verification process within the context of safety requirements. This guide provides an acceptable method of safety validation and verification planning. Sample formats illustrating implementation of the validation and verification process are provided. In demonstrating compliance with the RLV regulations, an applicant may use the validation and verification process described in this guide or an equivalent process.
Author: The Law The Law Library
Author: Maria-Vittoria “Giugi” Carminati
Author: United States. Congress. House. Committee on Science, Space, and Technology (2011). Subcommittee on Space
Author: Government Accountability Office
Author: United States Government Accountability Office
Author: United States. Government Accountability Office
Author: V. Kayser
Author: Government Accountability Office
Author: The Law The Law Library
Author: United States. Federal Aviation Administration. Office of the Associate Administrator for Commercial Space Transportation