Accommodating Sub-orbital and Orbital Flights in the EU

Accommodating
Sub-orbital and Orbital Aircraft
(SOA) Flights in the EU
Jean-Bruno MARCIACQ, EASA-RM Officer, SOA Coordinator
Michael GERHARD, EASA-Legal Adviser
Commercial Uses of Space and Space Tourism:
Legal and Policy Aspects
Leuven Centre for Global Governance Studies,
KU-Leuven, Belgium 12-13 Sept 2013

How to allow Sub-Orbital and Orbital
Aircraft to fly in the EU?

Contents
• I. The institutional and legal framework
• II. Applicability of the EASA system to
suborbital activities
• III. The Role of EASA in the EU for Certification
• IV. Status and Proposed regulatory approaches
• V. Proposed Cooperation
• VI. Conclusions
EASA / Commercial Uses of Space - KU Leuven, Belgium13 September 2013 3

I. The institutional and legal framework

European Union and EFTA countries
13 September 2013
28 EU states
4 EFTA states
EASA / Commercial Uses of Space - KU Leuven, Belgium 5

The institutions
13 September 2013
European Court
of Justice
European
Council
European
Commission
European
Parliament
Council of the
European Union
EASA

The European Aviation Safety Agency
13 September 2013
• European Union Agency
• Technically independent
• Legal and financial autonomy
“Ever safer and greener civil aviation”

About EASA
Founded in 2003
Built on experience
from the JAA & MS
Located in
Cologne, Germany
700 Staff
Headed by Mr
Patrick GOUDOU
Mr Patrick KY
from 1.9.2013
13 September 2013 EASA / Commercial Uses of Space - KU Leuven, Belgium 8

Advantages
Centralisation –
efficiency
Decentralisation –
local application
System, not task
oversight
Open to comment
– transparent
Proportionate
Flexible
(AMCs / GM / CS)

EASA is an Executive and Implementing Body of the EU
and a Technical/Regulatory Agency, established by the EU
Council and Parliament
EASA is managed at Commission level by DG-MOVE
(Transports), who also coordinates the adoption of EASA
Opinions with the other DGs and EU-Institutions (Council,
Parliament)
EASA may also provide Technical Assistance to other DGs
within its competences and in coordination with DG-MOVE:
DG-RTD (Research and Innovation)
FAST 20XX Study Results: Brussels Workshop 11 October 2012
DG-ENTR (Enterprise)
Commercial Space Market Study to be published soon
EASA in the EU Context

Current Regulations
Initial
Airworthiness
Continuing
Airworthiness Air Crew
Basic Regulation
(EC) No
216/2008
Airworthiness Flight Standards ATM/ANS
Air Traffic
Controllers
Licences
ATM/ANS
Oversight
ANS
Providers
AUR and
ACAS II
OPS SERA

Scope
13 September 2013
Economic
regulation
Performance
regulation
Interoperability
regulation
Safety
regulation

EASA competence: for aircraft
Aircraft definition in ICAO Ann. 2, 6 & 8:
“Any machine that can derive support in the atmosphere
from the reactions of the air other than the reactions of the
air against the earth’s surface”
 Machines able to fly in the atmosphere sustained by wings are aircraft
 Aircraft include: Aeroplanes (fixed wings), Rotorcraft (rotating wings
and VTOL) and Balloons (incl. Stratospheric Balloons)
 Rockets are in the competence of Member States
 (EU)216/2008 (EASA “Basic Regulation”) Article 1:
 Aircraft under EASA scope need to be certified for their design,
production, maintenance and operations, as well as the personnel
and organisations in charge of those.

those listed in Annex II of the Basic Regulation:
Historic aircraft
Research, experimental or scientific aircraft
Amateur built aircraft
Former military aircraft
« light » aircraft
e.g. MTOM < 450 Kg for a two-seater aeroplane
Replicas
and those used for State missions
e.g. Police, Rescue, Military, etc…
All aircraft are in the EASA competence
except…

Regulatory Structure
Agency Opinion
European Commission
European Council
European Parliament
Basic
Regulation
Agency Opinion
European Commission
Implementing Rules
Agency Decision
AMC, GM, CS
Soft Law
13 September 2013
• Acceptable Means of Compliance
• Guidance Material
• Certification Specifications

Standards
In establishing and
maintaining a
high and uniform
level of safety for
civil aviation
the rules must reflect
the
“state of the art” and
the best practices in
the fields concerned
Standards and
recommended practises
established by ICAO
need to be complied
with
Where applicable other
technologies and
practises need to be used
where it can be
demonstrated to be of
benefit
Appropriate use of standards
developed by standardisation
organisations will ensure a
uniform application of
technologies and best practices

Move towards standards
13 September 2013
STANDARDS

The standards must be related to the
Agency activities with respect to
recognition as a means of compliance
or a certification scheme to a rule
The standardisation body must be an
international recognised
standardisation body
13 September 2013
General Criteria for Standards

13 September 2013
Standardisation Organisations
ICAO
ASTM
ARINC
European Standardisation Organisations (CEN/ETSI/ECSS)
EUROCAE
IATA
SAE

II. Applicability of the EASA system to
suborbital activities

Is it “air transport”?
Is it exclusively “air transport”?
Future prospects: should it be
regulated as aviation? Or as space
activity?
Applicability of EU air transport
legislation?
Does it take place
in the air?
Is it an aircraft? What is the
purpose of it?
Is it transport?
Is there a need to protect
the general public?
Is there a need to facilitate free
movement of persons and goods?

Challenges in the application of the
common (safety) rules on civil aviation
Airworthiness
Certification: (R)TC; (R)CofA
Certification basis? CS-23/CS-25/CS-E
plus special conditions
Where impossible to comply:
demonstration of an equivalent level of
safety
All organisations and personnel involved
(design, production, maintenance) need
approval

Challenges in the application of the
common (safety) rules on civil aviation
Operations
AOC for commercial operations
Authorisation of 3rd country operators
Personnel Licensing (and passenger
safety)
Pilots licensed (CPL/ATPL)
Passenger safety
Aerodromes and ATM/ANS

Challenges in the application of other
EU air transport legislation
Reg 1008/2008
operation of air
services
Reg 785/2004
insurance
Reg 95/1993
slot allocation
Reg 889/2008
air carrier
liability
Reg 261/2004
denied boarding
Reg 1107/2006
disabled
persons
Reg 2111/2005
black list
Dir
2002/30/EC
noise at
aeroports
Dir
92/14/EEC
limitation of
operation of
aeroplanes
Reg 96/67/EC
groundhandling
Dir
2009/12/EC
airport charges
Reg 549-
552/2004 SES
Reg 219/2007
SESAR
Reg 300/2008
security
Security IRs
Dir
2003/42/EC
occurrence
reporting
Reg 996/2010
accident
investigation
Dir
2004/36/EC
3rd country
aircraft
Reg 216/2008
aviation safety
etc.
the air transport
acquis is not only
about aviation
safety, but also …
applicability of non-aviation legislation
(in particular such applying to outer
space activities) - and compatibility
with aviation requirements

Conclusions
No official position yet on applicability
to such vehicles + its activity
Is EU air transport acquis applicable?
And suitable?
Following such decision more detailed
analysis possible

III. EASA’s Roles in Certification

EASA’s Role in Certification
 (EU)216/2008 (EASA Basic Regulation) Article 3:
e) ‘Certification’ shall mean any form of recognition that a product,
part or appliance organisation or person complies with the
applicable requirements…
f) ‘certificate’ shall mean any approval, license or other
document issued as the result of certification
EASA is in charge of type certifying all aircraft designed
or produced in the EU, registered in a MS or used by a EU
operator
Certification shall be performed in accordance with
applicable requirements following established processes and
based on return of experience and safety recommendations
Third Countries certificates may be accepted only in the frame
of Bilateral Aviation Safety Agreements (Art.12)

Certification Process
1
• Application
2
• Certification Basis
3
• Demonstration of Compliance
4
• Issuance of Certificate
5
• Continuing Airworthiness
13 September 2013 EASA / Commercial Uses of Space - KU Leuven, Belgium
DesignOrganisationApproval
28

EASA’s Certification Process
EASA is due to accept and process in due time all
properly established applications for certification of
aircraft, parts and appliances
Large/Complex Aircraft: <5 years
General Aviation/Non Complex Aircraft: <3 years
Certification is financed by Fees and Charges (EC)593/2008
Indexed yearly on June 1st
based on MTOM for Airworthiness
E.g.: Fixed Wing Aircraft MTOM >5,7 tons and <22 tons:
Flat Fee: 1.060.000 €
Yearly fee: 17.000 € for EU designs, 5.700 € for non-EU designs
E.g.: Propulsion > 25 kN
Flat Fee: 365.000 €
Yearly fee: 40.000 € for EU design, 13.000 € for non EU designs

EASA’s Technical Role
When no technical requirements exist (unusual or novel
design) the Certification Basis is existing standards /
specifications, complemented with Special Conditions
Cooperative research frameworks may be proposed prior to
application to investigate possible regulatory framework
Special Conditions are jointly defined by EASA, the applicant (and
Third Country Authorities for validations)
The confidential exchange of proprietary information is covered by
Certification Review Items (CRI) (=FAA’s Issue Papers)
Special Conditions can be published, to ensure
harmonisation and equal treatment

Types Certificates
EASA issues Type Certificates
Based on an agreed Certification Basis (CB)
MS issue Certificates of Airworthiness (CofA)
Annex II Aircraft are under full oversight of Member States
Permits to Fly may be granted for Test Flights
Flight Conditions are approved by EASA based on CB
Permits to Fly are granted by MS based on FCs
Restricted Type Certificates may be granted
for limited series and contingent operations
when Essential Requirements cannot be met

EASA’s Role in Flight Crew Licensing (FCL)
Crew operating aircraft registered in a Member State and/or
operated in the EU by EU operators has to be licensed:
Article 4 & 7 of EASA Basic Regulation (EC)216/2008
Crew Licensing shall be performed by MS authorities in
accordance with applicable requirements
EASA BR Annex III Article (4)Pilots and (7)Crew Members:
(EU)1178/2011: Civil Aviation Aircrew
Part-FCL: Flight Crew Licensing (Qualifications, Training & Testing)
Part-MED: high-level binding Medical requirements
AMC/GMs (EU) 2011/015/R Acceptable Means of
Compliance and Guidance Material to Part-MED:
Detailed medical specifications and guidance material for
compliance with Part-MED

Flight Crew Licensing for Suborbital Flights
Considered Qualifications (at start of SoA Operations):
Sub-orbital Aircraft Pilot: ATPL+Test Pilot qualification+Specific Training
Remotely Piloted Aircraft Pilot License (RPAPL) for unmanned SOA+Training
Cabin Crews: Part-CC Requirements + Specific Training
Proposed Medical and Training requirements:
Medical Certificate to be issued by Aero Medical Examiner(AME) within
an approved Aero Medical Center (AeMC)
Sub-orbital Aircraft(SoA) Crews: Class I + Specific Medical Training/Screening
High G Loads: Centrifuge up to Max Gs to be experienced in Off-Nominal
cases
Radiation Exposure Limits (for repeated flights)
Hypoxia (to know effects and be trained to react)
Basic First Aid (1 hour max until Ground Rescue Teams arrive)
Remote Pilots of Unmanned SoAs: Class III

Flight Crew Licensing for Orbital Flights
Considered Qualifications (at start of SOA Operations):
Orbital Aircraft Pilot= SoA Pilot+”Astronaut” Qualifications & Training(start)
Remotely Piloted Aircraft Pilot License (RPAPL) for unmanned SOA+Training
Cabin Crews: Part-CC Requirements + Specific Training
Proposed Medical and Training requirements:
Medical Certificate to be issued by Aero Medical Examiner(AME) within
an approved Aero Medical Center (AeMC)
Orbital Aircraft (OA) Crews= Class I+ Specific Medical Training/Screening
High G Loads: Centrifuge up to Max Gs to be experienced in Off-
Nominal cases:
E.g.: Ballistic Re-entry (including parachute opening)
Radiation Exposure Limits (for long duration/repeated flights)
Advanced First Aid and Medical Training
Advanced Survival Training
Remote Pilots of Unmanned OAs: Class III

Passenger’s Safety
Passengers (PAX) may impair and/or contribute to Sub-orbital
and Orbital Flight Safety:
Detrimental :
Medical condition necessitating aborted flight/premature return
Abnormal behaviours jeopardizing safety and/or Emergency Procedures
Physical impairments potentially jeopardizing Emergency Procedures
Release of Fluids causing impairment of Crew Capabilities
Inert Floating Mass in case of LOC during Ballistic Phase
Instrumental :
Accomplish simple and trained nominal procedures (e.g.: back to seat,
pressurised suit simple actions –visor down&lock- and monitoring…)
Perform Buddy-Checks during flight and report to Crew
Treat/Secure Incapacitated Passenger back to Seat before re-entry
Accomplish/Assist Crew in simple and trained Emergency procedures
Accomplish/Assist Crew in simple Basic First Aid and Survival(ground)
Proposed Medical Requirements:
Medical Certificate to be issued by Aero-Medical Examiner (AME)
Class I or II for Orbital PAX (based on role/duration)+ Orbital Specifics
Class II for Sub-orbital PAX + Sub-orbital Specifics

Conclusion on FCL and PAX Safety
EASA Basic Regulation and Implementing Rules would have
to be amended/complemented to accommodate Sub-orbital
and Orbital Aircraft specifics:
Passengers’ “Licensing” could be introduced in EASA Basic Regulation
Part-FCL and Part-MED to be completed with Sub-orbital and Orbital
Training + Medical Screening Requirements
SOA-Crew Licensing and PAX Safety guidance material and
standards could be developed based on existing material:
EASA Part-FCL and Part-MED AMC/GMs
FAA Guidance for Medical Screening of Commercial Aerospace Passengers. FAA, Office
of Aerospace Medicine, Washington, D.C. 2006. Technical Report No. DOT-FAA-AM-06-1
FAA-AST “Draft Guidelines for Commercial Suborbital RLV Operations with Flight Crew
/Space Flight Participants” dated February 11, 2005
Center of Excellence for Commercial Space Transportation (COE-CST) “Flight Crew
Medical Standards and Spaceflight Participant Medical Acceptance Guidelines for
Commercial Spaceflight” dated June 30, 2012
International Association for the Advancement of Space Safety (IAASS) Suborbital
Safety Technical Committee (SSTC) “Flight Crew and Spaceflight Participant Medical
and Training Standards & Guidelines for suborbital flight” dated May 2013
…

IV. Status and Proposed Approaches

EASA is in touch with most EU stakeholders and
some US developers
EASA has been working on possible approaches
Approaches proposed to the Commission for
decision and presented to stakeholders via several
media (publications, review of papers, conferences,
workshops, direct contacts…)
Commission decision pending
Status of EASA Activities for Suborbital
and Orbital Aircraft (SOA) Operations in the EU

Proposed Regulatory Approaches (1/2)
0. Member States Regulate:
• MS to develop own regulations: no harmonisation, no
interoperability, legal framework TBD
• MS/EU to ensure compatibility with EU/Aviation laws
1. Member States with EASA involvement:
• EASA cooperates with MS to ensure safety/environment and
foster harmonisation
2. Association of States “JARSOA”(similar to JARUS):
• International, with EASA participation
• Rules to be implemented at National Level
3. EU Policy for SOA (similar to UAS):
• Guidance to MS, Designers, Manufacturers and Operators
• No legal framework

Proposed Approaches (2/2)
4. “Light” Process
• Essential Requirements
• National Implementing Rules and Technical requirements
• No full harmonisation, responsibility with MS
5. Full set of Rules for SoA
• Following EASA established rules and processes
• With provisions for High Altitude/High Speed Transportation
Aircraft (HST)
6. Phased approach (e.g: 1+2+3+4+5)
• Progressive implementation along with projects development
• Full set of rules published at maturity
7. Full set of Rules for Sub-orbital, Orbital and HST
• Covering full spectrum from Ground to Orbit and A-B
• Long and comprehensive process (~10 years)

V. Proposed Regulatory Framework

13 September 2013
EU Context (1/2)
CAA-UK/UKSA
Roadmap <31 March 2013
First Meeting with Industry 30 April 2013
UKSA-Space Conference Glasgow 16-18 June 2013
EASA participating in UK-CAA Review Group
Rules to accommodate SoA in UK<31 March 2014
CAA-Sweden
Initial Contacts in 2009
Governmental Action to host SoA under a special
regime (~”Sounding Rockets”)
Monitoring

13 September 2013
EU Context (2/2)
France
DGAC “Sensation Flights” National Policy for
Parabolic Flights (e.g. Novespace operations)
CNES National Space Policy and Certification by
delegation of French Ministry of Research
Regular contacts at Working level with CNES
Germany, Spain, …
Local initiatives to develop Spaceports/Operations
No National Space Policies (yet) (no launches)
Regular contacts at working level with DLR

13 September 2013
International Context
ICAO
Working Group to be established on Aero/Space Activities
Foreseen Participants: ICAO, UNOOSA, EASA, FAA, IAASS
Roadmap on Aero/Space Activities to Council 22 Oct. 2013
Circular (<2015), then Manual (>2015-2016) and SARPS (>2017)
FAA
No Licensing <October 2015 (only Experimental Permits)
Harmonisation sought on Technical Requirements
EASA Scope limited to SOA (not rockets)
Permanent contacts at working level
CAAS
EADS-Demonstrator 2014 in Singapore
Rules to accommodate SoA <2018 from Changi

Proposed Cooperative Framework (1/3)
Under the frame of ICAO/UNCOPUOS
ICAO Concept of Sub-orbital flights C-WP/12436 of 2005
Letter to UNCOPUOS 17 March 2010
ICAO Aerospace Working Group
Conference Room Paper A/AC.105/C.2/2010/CRP.9
Presentation of Roadmap to Council 22 October 2013
In full coordination with
European Commission
EU-Member States
In cooperation with FAA (–AVS and –AST)
E.g.: Safety Management Systems (Annex 19)
Possible future Extension of BASA to SoA?

On Essential Requirements
Based on ICAO Circular, Manual and SARPS
In line with EASA Basic Regulation ERs
Could be also based on FAA 14.CFR.400 series
On Technical Requirements
Based on respective projects
Following a CS+AMC/GM structure
Taking into account existing Standards

On AMC/GMs
Based on EASA AMC/GMS
Could be also profitably based on FAA-AVS and
FAA-AST Acceptable Means of Compliance and
Guidance Material
On Technical/Medical Standards (TBD)
ESA/NASA
ECSS
IAASS
FAA-AST/COE-CST
CNES/MEDES…

VI. Conclusions

Conclusions (1/3)
EASA has studied and submitted several
options to the Commission to allow SOA
flights in the EU
EASA is getting prepared to receive
applications for the certification of SOA +
Rocket Engines projects and their
operations

Conclusions (2/3)
An EU-framework exist for aviation
Existing Aviation Rulemaking, Certification
and Standardisation processes could be
profitably used
Regulations should be based on Aerospace
Laws, Regulations, Standards, Best Practices
and Experience
Option to be decided soon by European
Commission (EC)

Conclusions (3/3)
Whatever the option chosen, EASA wants and
needs to cooperate with ICAO, ESA, FAA, NAAs,
NSAs and all Stakeholders on the subject of
Sub-orbital and Orbital Aircraft (SOA) Flights
Time is NOW to be ready by tomorrow!

Questions?
Thank you for your attention!

Thank you for your
attention
Do not hesitate to contact us
for any further information
EASA Focal Point:
jean-bruno.marciacq@easa.europa.eu

Backup Slides
Thank you for your attention!

The Parliament and the Council define the Scope of Powers
transferred from the Member States to the EU
They adopt the Essential Requirements (ERs) specifying the
safety objectives to be met
1st Layer: The Basic Regulation
Basic Regulation:
Regulation (EC) 1592/2002 of 15 July 2002
Superseded by:
Regulation (EC) 216/2008
of 20 February 2008
Amended by:
Regulation (EC) 1108/2009 of 21 Oct 2009
•Annex I : ERs for Airworthiness
•Annex II : Excluded Aircraft
•Annex III: ERs for pilot licensing
•Annex IV: ERs for air operations
•Annex V: Criteria for qualified
entities
•Annex Va: ERs for Aerodromes
•Annex Vb: ERs for ATM/ANS

The Commission adopts measures for implementing the
Essential Requirements
2nd Layer: Implementing Rules,
e.g. for airworthiness
Regulation (EC)
on Continuing Airworthiness
Annex I (Part-M):
•Continuing Airworthiness
Requirements
Annex II (Part-145):
Maintenance
Organisation Approvals
Annex III (Part-66):
•AML
Annex IV (Part-147):
•Training Organisation
Requirements
•Annex (Part 21)
Section A: Technical
Requirements
Section B: Procedures for
Competent Authorities
Section A: Application
Requirements
Section B: Administrative
Procedures
Appendices: EASA
forms
Appendices: EASA
forms
Regulation (EC) 748/2012 on Airworthiness
and Environmental Certification
Legally binding
Directly applicable by EU persons
Processes (no technical details)
Responsibilities and privileges

3rd Layer: the Agency’s soft law, e.g. for
airworthiness
The Agency adopts non binding specifications for
implementing the essential requirements
To allow for tailored flexibility, where necessary.
•Guidance
Material
•Part 21
•AMC &
Guidance
Material
•Parts M, 145,
66, 147
•Certification
•Specifications
•AMC-20
•AMC-21
•CS-25
•CS-34
•CS-36
•CS-E
•CS-P
•CS-APU
•CS-22
•CS-23
•CS-27
•CS-29
•CS-VLA
•CS-VLR
•CS AWO
•CS ETSO
•CS Definitions
Special
Conditions or
alternative
AMCs possible

New domains
More Implementing Rules coming for:
• ATCO licensing published 08/2011
• Safety of ATM/ANS(including Satellite SP) 12/2011
• Flight Crew Licensing
• Air operations published 04/2012
• Authorisation of Third
Country Operators (TCO)
• Safety of aerodromes by 12/2013
• FCL and OPS of RPAS by 12/2016
• SOA…

EASA Rulemaking Process
13 September 2013
European Commission
Drafting,
Comitology with scrutiny
EC
Regulation4-year
Rule
making
Programme
Decision
Opinion
EASA
Commission Regulation
Implementing Rules
EASA
Committee
RAG/TAG & SSCC advise the Agency during
programming and rule development
Member States
•59
Phase 1
Programming
Phase 2
Rule
development
EASA / Commercial Uses of Space - KU Leuven, Belgium

Rule development phases
Analyse
issue
and
develop
Draft RIA
Draft
Rule
Public
Consultation
Analysis of
comments
and final
review
Task
initiation
RIA NPA
(RIA)
Decision
with CRD
Opinion
with CRD
4-year
Rule
making
Programme
2-6 months 3-18 months 1-3 months 2-6 months
ToR
GC
Consult
RAG/
TAG
SSCC
If deemed necessary due to the nature of the
comments received, focussed consultation (e.g.
meeting with stakeholders, workshops, specific
reactions through CRT) during review of comments
Optional Technical consultation (e.g.
workshop, joined meeting TAG and sub-
SSCC) before NPA publication

Proposed Regulatory Approach
(SOA Airworthiness)
Possibility of Limited Certification :
EASA delivers Restricted Type Certificate (RTC)
EU Member States to deliver Restricted
Certificate of Airworthiness (RCofA)
Organisation Approvals / Certificates:
Design (DOA)
Production (POA)
Continuous Airworthiness Management
(CAMOA)
Maintenance (MOA)
Medicals (Aero Medical Centre)
Flight and Maintenance Training Organisations

(Special Conditions for SoA Airworthiness)
CS-23 and/or CS-25(TBD) and CS-E
+Equivalent Level of Safety (ELoS)
Classification depending on weight/fuel trade-off
Safety not to be jeopardized by larger amount of fuel
needed to accommodate required design features
ELoS to be developed for:
Rocket Propulsion and Control Systems (RPCS)
Fuel
ECS
Containment of all fluids in weightlessness
IVA safety requirements
…
TBD depending on proposed designs and operations

•Slide 63
(SOA operations)
Organisation Approvals:
Air Operator Certificate (AOC) for Commercial OPS
Operations:
EU-OPS/ EASA-OPS with flexibility (Art. 14 BR) for EU
operators
EASA Authorization to non-EU operators flying to/from EU
National rules for operations outside EU (no EASA role)
Aerodromes and ATM/ANS:
Special Conditions to be developed for “Spaceports”
Procedures to be developed for Air/Space Traffic
Management
Flight Crew Licensing and PAX Safety:
Part-FCL with exemptions could work (Flight Test rating?)
PAX Safety rules to be considered

Thank you for your attention
Any questions?

Accommodating Sub-orbital and Orbital Flights in the EU

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