ORGANIZING AEROSPACE TRAFFIC
MANAGEMENT USING
ANSP PROGRAMS
AND SYSTEMS:
IS IT POSSIBLE?
Law Offices of Neil G. Wolf, Deerfield, IL USA 60015 2
3RD MANFRED LACHS INT’L CONF. ON NEWSPACE
COMMERCIALIZATION AND THE LAW
LAW OFFICES OF NEIL G. WOLF, DEERFIELD, IL USA 60015
 The
Aerospace Vehicle Era is coming – strike that, it’s here
 Vehicles,
 Law,
 Do
launchers, modalities, zones of space, … imagination
Policy, Regulation – Counting, or in a Hold?
we understand the present system?
 What
would work more effectively? – if there is something
 What
does all this imply?
PROLOGUE
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3rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

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”
COUNTING, OR IN A HOLD?
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3rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law
 Key
issues noted by ICAO 2005 “Concept of Sub-orbital Flights”
(C-WP/12436 (175th 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?
COUNTING, OR IN A HOLD?
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3rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

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?
PRESENT SYSTEM
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3rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

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))
PRESENT SYSTEM
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3rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law

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., nonmilitary - 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
IS THERE A MORE EFFECTIVE3 Manfred
WAY
F
ORWARD?
Lachs Int’l Conf. on NewSpace Commercialization and the Law
rd
 Looming,
new challenges, each “in a word” (or a phrase):
 Debris
and collisions
 Orbital
congestion
 Claims
of appropriation (interfering with multinational or international traffic management
systems)
 Data
security
 International
security
IMPLICATIONS, TAKE-AWAYS, TAKE-OFFS… . . . . . .
.
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3rd Manfred Lachs Int’l Conf. on NewSpace Commercialization and the Law