1、889 Commercial Space Transportation, FAA, DOT Pt. 460 (c) The United States shall be responsible for Property Damage it sustains, resulting from Permitted Activities, regardless of fault, to the extent that claims it would oth-erwise have for such damage exceed the amount of insurance or demonstrati
2、on of fi-nancial responsibility required under section 440.9(e) of the Regulations. 4. EXTENSION OF ASSUMPTION OF RESPONSI-BILITY AND WAIVER AND RELEASE OF CLAIMS (a) The United States shall extend the re-quirements of the waiver and release of claims, and the assumption of responsibility as set for
3、th in paragraphs 2(b) and 3(b), re-spectively, to its Contractors and Sub-contractors by requiring them to waive and release all claims they may have against Space Flight Participant, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury, including Death, or
4、Property Damage sustained by their own employees, resulting from Li-censed Activities, regardless of fault. (b) The United States shall extend the re-quirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(b) and 3(c), re-spectively, to its C
5、ontractors and Sub-contractors by requiring them to waive and release all claims they may have against Space Flight Participant, and to agree to be responsible, for any Property Damage the Contractors and Subcontractors sustain, re-sulting from Permitted Activities, regardless of fault. 5. INDEMNIFI
6、CATION Space Flight Participant shall hold harm-less and indemnify the United States and its agencies, servants, agents, subsidiaries, em-ployees and assignees, or any of them, from and against liability, loss or damage arising out of claims brought by anyone for Prop-erty Damage or Bodily Injury, i
7、ncluding Death, sustained by Space Flight Partici-pant, resulting from Licensed/Permitted Ac-tivities. 6. ASSURANCES UNDER 49 U.S.C. 70112(E) Notwithstanding any provision of this Agreement to the contrary, Space Flight Participant shall hold harmless the United States and its agencies, servants, ag
8、ents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury, in-cluding Death, or Property Damage, sus-tained by Space Flight Participant, resulting from Licensed/Permitted Activities, regard-less of fault, except to the extent th
9、at, as provided in section 6(b) of this Agreement, claims result from willful misconduct of the United States or its agents. 7. MISCELLANEOUS (a) Nothing contained herein shall be con-strued as a waiver or release by the United States of any claim by an employee the United States, respectively, incl
10、uding a member of the Armed Forces of the United States, for Bodily Injury or Property Dam-age, resulting from Licensed/Permitted Ac-tivities. (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, re-lease, assumption of responsibility or agree-ment to hold harmless herein
11、 shall not apply to claims for Bodily Injury, including Death, or Property Damage resulting from willful misconduct of any of the Parties, the Con-tractors, Subcontractors, and agents of the United States, and Space Flight Participant. (c) This Agreement shall be governed by and construed in accorda
12、nce with United States Federal law. IN WITNESS WHEREOF, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above. I name of Space Flight Participant have read and understand this agreement and agree t
13、hat I am bound by it. Space Flight Participant Signature: llllllllllllllllllPrinted Name: lllllllllllllllFederal Aviation Administration of the De-partment of Transportation on Behalf of the United States Government By: lllllllllllllllllllllIts: lllllllllllllllllllllAssociate Administrator for Comme
14、rcial Space Transportation PARTS 441459 RESERVED PART 460HUMAN SPACE FLIGHT REQUIREMENTS Subpart ALaunch and Reentry with Crew Sec. 460.1 Scope. 460.3 Applicability. 460.5 Crew qualifications and training. 460.7 Operator training of crew. 460.9 Informing crew of risk. 460.11 Environmental control an
15、d life sup-port systems. 460.13 Smoke detection and fire suppression. 460.15 Human factors. 460.17 Verification program. 460.19 Crew waiver of claims against U.S. Government. 460.20460.40 Reserved VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00899 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 22
16、3046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-890 14 CFR Ch. III (1111 Edition) 460.1 Subpart BLaunch and Reentry with a Space Flight Participant 460.41 Scope. 460.43 Applicability. 460.45 Operator inform
17、ing space flight par-ticipant of risk. 460.47 Reserved 460.49 Space flight participant waiver of claims against U.S. Government. 460.51 Space flight participant training. 460.53 Security. AUTHORITY: 49 U.S.C. 70105. SOURCE: Docket No. FAA200523449, 71 FR 75632, Dec. 15, 2006, unless otherwise noted.
18、 Subpart ALaunch and Reentry with Crew 460.1 Scope. This subpart establishes require-ments for crew of a vehicle whose oper-ator is licensed or permitted under this chapter. 460.3 Applicability. (a) This subpart applies to: (1) An applicant for a license or per-mit under this chapter who proposes to
19、 have flight crew on board a vehicle or proposes to employ a remote operator of a vehicle with a human on board. (2) An operator licensed or permitted under this chapter who has flight crew on board a vehicle or who employs a re-mote operator of a vehicle with a human on board. (3) A crew member par
20、ticipating in an activity authorized under this chap-ter. (b) Each member of the crew must comply with all requirements of the laws of the United States that apply to crew. 460.5 Crew qualifications and train-ing. (a) Each crew member must (1) Complete training on how to carry out his or her role on
21、 board or on the ground so that the vehicle will not harm the public; and (2) Train for his or her role in nomi-nal and non-nominal conditions. The conditions must include (i) Abort scenarios; and (ii) Emergency operations. (b) Each member of a flight crew must demonstrate an ability to with-stand t
22、he stresses of space flight, which may include high acceleration or deceleration, microgravity, and vibra-tion, in sufficient condition to safely carry out his or her duties so that the vehicle will not harm the public. (c) A pilot and a remote operator must (1) Possess and carry an FAA pilot certif
23、icate with an instrument rating. (2) Possess aeronautical knowledge, experience, and skills necessary to pilot and control the launch or reentry vehicle that will operate in the Na-tional Airspace System (NAS). Aero-nautical experience may include hours in flight, ratings, and training. (3) Receive
24、vehicle and mission-spe-cific training for each phase of flight by using one or more of the following (i) A method or device that simulates the flight; (ii) An aircraft whose characteristics are similar to the vehicle or that has similar phases of flight to the vehicle ; (iii) Flight testing; or (iv
25、) An equivalent method of training approved by the FAA through the li-cense or permit process. (4) Train in procedures that direct the vehicle away from the public in the event the flight crew abandons the ve-hicle during flight; and (5) Train for each mode of control or propulsion, including any tr
26、ansition between modes, such that the pilot or remote operator is able to control the vehicle. (d) A remote operator may dem-onstrate an equivalent level of safety to paragraph (c)(1) of this section through the license or permit process. (e) Each crew member with a safety- critical role must posses
27、s and carry an FAA second-class airman medical cer-tificate issued in accordance with 14 CFR part 67, no more than 12 months prior to the month of launch and re-entry. 460.7 Operator training of crew. (a) Implementation of training. An op-erator must train each member of its crew and define standard
28、s for success-ful completion in accordance with 460.5. (b) Training device fidelity. An oper-ator must VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00900 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or ne
29、tworking permitted without license from IHS-,-,-891 Commercial Space Transportation, FAA, DOT 460.19 (1) Ensure that any crew-training de-vice used to meet the training require-ments realistically represents the vehi-cles configuration and mission, or (2) Inform the crew member being trained of the
30、differences between the two. (c) Maintenance of training records. An operator must continually update the crew training to ensure that it incor-porates lessons learned from training and operational missions. An operator must (1) Track each revision and update in writing; and (2) Document the complet
31、ed training for each crew member and maintain the documentation for each active crew member. (d) Current qualifications and training. An operator must establish a recurrent training schedule and ensure that all crew qualifications and training re-quired by 460.5 are current before launch and reentry
32、. 460.9 Informing crew of risk. An operator must inform in writing any individual serving as crew that the United States Government has not cer-tified the launch vehicle and any re-entry vehicle as safe for carrying flight crew or space flight participants. An operator must provide this informa-tion
33、 (a) Before entering into any contract or other arrangement to employ that individual; or (b) For any crew member employed as of December 23, 2004, as early as pos-sible and prior to any launch in which that individual will participate as crew. 460.11 Environmental control and life support systems.
34、(a) An operator must provide atmos-pheric conditions adequate to sustain life and consciousness for all inhabited areas within a vehicle. The operator or flight crew must monitor and control the following atmospheric conditions in the inhabited areas or demonstrate through the license or permit proc
35、ess that an alternate means provides an equivalent level of safety (1) Composition of the atmosphere, which includes oxygen and carbon diox-ide, and any revitalization; (2) Pressure, temperature and humid-ity; (3) Contaminants that include partic-ulates and any harmful or hazardous concentrations of
36、 gases, or vapors; and (4) Ventilation and circulation. (b) An operator must provide an ade-quate redundant or secondary oxygen supply for the flight crew. (c) An operator must (1) Provide a redundant means of pre-venting cabin depressurization; or (2) Prevent incapacitation of any of the flight cre
37、w in the event of loss of cabin pressure. 460.13 Smoke detection and fire sup-pression. An operator or crew must have the ability to detect smoke and suppress a cabin fire to prevent incapacitation of the flight crew. 460.15 Human factors. An operator must take the pre-cautions necessary to account
38、for human factors that can affect a crews ability to perform safety-critical roles, including in the following safety crit-ical areas (a) Design and layout of displays and controls; (b) Mission planning, which includes analyzing tasks and allocating func-tions between humans and equipment; (c) Restr
39、aint or stowage of all indi-viduals and objects in a vehicle; and (d) Vehicle operation, so that the ve-hicle will be operated in a manner that flight crew can withstand any physical stress factors, such as acceleration, vi-bration, and noise. 460.17 Verification program. An operator must successful
40、ly verify the integrated performance of a vehi-cles hardware and any software in an operational flight environment before allowing any space flight participant on board during a flight. Verification must include flight testing. 460.19 Crew waiver of claims against U.S. Government. Each member of a f
41、light crew and any remote operator must execute a re-ciprocal waiver of claims with the Fed-eral Aviation Administration of the VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00901 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for Re
42、saleNo reproduction or networking permitted without license from IHS-,-,-892 14 CFR Ch. III (1111 Edition) 460.20460.40 Department of Transportation in ac-cordance with the requirements of part 440. 460.20460.40 Reserved Subpart BLaunch and Reentry with a Space Flight participant 460.41 Scope. This
43、subpart establishes require-ments for space flight participants on board a vehicle whose operator is li-censed or permitted under this chapter. 460.43 Applicability. This subpart applies to: (a) An applicant for a license or per-mit under this chapter who proposes to have a space flight participant
44、on board a vehicle; (b) An operator licensed or permitted under this chapter who has a space flight participant on board a vehicle; and (c) A space flight participant in an activity authorized under this chapter. 460.45 Operator informing space flight participant of risk. (a) Before receiving compen
45、sation or making an agreement to fly a space flight participant, an operator must satisfy the requirements of this sec-tion. An operator must inform each space flight participant in writing about the risks of the launch and re-entry, including the safety record of the launch or reentry vehicle type.
46、 An operator must present this information in a manner that can be readily under-stood by a space flight participant with no specialized education or training, and must disclose in writing (1) For each mission, each known hazard and risk that could result in a serious injury, death, disability, or t
47、otal or partial loss of physical and mental function; (2) That there are hazards that are not known; and (3) That participation in space flight may result in death, serious injury, or total or partial loss of physical or men-tal function. (b) An operator must inform each space flight participant tha
48、t the United States Government has not cer-tified the launch vehicle and any re-entry vehicle as safe for carrying crew or space flight participants. (c) An operator must inform each space flight participant of the safety record of all launch or reentry vehicles that have carried one or more persons
49、 on board, including both U.S. govern-ment and private sector vehicles. This information must include (1) The total number of people who have been on a suborbital or orbital space flight and the total number of people who have died or been seriously injured on these flights; and (2) The total number of launches and reentries conducted with people on board and the number of catastrophic failures of those launches and reen-tries.
