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Suborbital Spaceflight Regulation: A Case-Based Commentary on Managing Risk Beyond the Learning Period Cover

Suborbital Spaceflight Regulation: A Case-Based Commentary on Managing Risk Beyond the Learning Period

Open Access
|Mar 2026

Figures & Tables

Fig. 1.

ICAO risk matrix.

Fig. 2.

Example of a Bowtie representation [20].

Fig. 3.

ALARP triangle depicting tolerability [5].

Fig. 4.

Loss of pressurization classification [21].

Fig. 5.

Bowtie representation of loss-of-pressurization risk for Blue Origin (current state).

Fig. 6.

Space X spacesuit [22, 24].

Fig. 7.

Loss-of-pressurization scenario: conceptual configuration following introduction of spacesuits.

Fig. 8.

Loss-of-pressurization classification (following spacesuit introduction).

Probability values explained_

ProbabilityV
Frequent5
Occasional4
Remote3
Improbable2
Extremely improbable1

List of hazards in suborbital spaceflight_

Blue Origin
LOC-I×
LOC-G×
CFIT
In-flight explosion×
MAC×
Loss of pressurisation×
Parachute system failure×
Escape system failure×
Falling debris after the failure of spacecraft×
Flight path trajectory deviation×
Atmospheric pollution×
Crew Incapacitation
Uncontrolled fire/Smoke on board×
Structural failure×
Human radiation exposure×
Passengers requiring medical assistance in flight×
Hijack (Cyber/Physical)×

FAA-AST Implementation plan_

RecommendationsJustificationTimeline
Temporarily suspend the carriage of spaceflight participants on suborbital flights pending further safety evaluation and movement of risks toward ALARP.Outstanding questions remain regarding vehicle certification, health implications for space participants, underdefined manufacturing standards, adequacy of training, availability of spacesuits, and the scope of legal protection for spaceflight participants in the event of an accident occurs.6 to 12 months
Seek legal consultation to review the waiver regime and explore solutions through which insurance coverage might be enabled for parties involved directly/indirectly.The current waiver structure limits avenues for spaceflight participants to seek legal recourse should operators deviate from the protected operational environment and an incident/accident occurs; there is no legal coverage for protecting the public from falling debris, only precautions taken by the operator6 to 12 months
Encourage suborbital operators to incorporate the ALARP and CBA methodology for risk assessments.As shown in the risk assessment above, the proposed methodology assists in defining the boundaries between safety and cost-effectiveness.Immediate effect through an directive issued to operators
Change the medical requirement to Class I for pilots operating suborbital vehicles.Class I medical evaluations are stricter, including regular evaluations able to quickly detect latent health conditions.Immediate effect
Require safety-related information sharing through mandatory reporting of occurrences that will be available for other operators to see (excluding sensitive data)In aviation, such information-sharing has been proven to enhance safety and focus the attention of operators on precautions and mitigative actions.1 to 3 months
Resume suborbital tourism flights and accept spaceflight participants only if the above recommendations have been met and ALARP has been demonstrated effectively.Enhancing safety records through proper risk mitigations can protect human occupant safety, public safety, and operators’ reputations.After 12 months

Severity values explained_

SeverityExplanationValue
CatastrophicSpace vehicle destroyed, multiple deathsA
HazardousMajor damage, serious injuryB
MajorSerious incident, injury to personsC
MinorMinor incidentD
NegligibleFew consequencesE

Key Indicators from FAA-AST_

FAA-AST Key IndicatorsSub-Categories
Purpose of travel in space
  • Adventure and/or occupation and/or transportation

Industrial Complexity
  • Differences in operations

  • Number of space travel suppliers

  • Area of operation

Current Safety Level
  • Evidence of unsafe operations

  • Willingness of insurance companies to insure human spaceflight

  • Difficulties of companies in attracting new space participants

Voluntary Safety Reporting
  • Level of internal safety reporting of companies

  • Willingness to share information with competitors for accident prevention

FAA statusFAA expertise in human spaceflight safety
  • Status of learning period

  • Status of level of authority to transition to a safety framework

  • Level of experience of governmental employees

  • Participation in standards formation

  • Participation in safety practices publication for commercial human spaceflight

Language: English
Page range: 38 - 56
Submitted on: Oct 29, 2025
Accepted on: Feb 2, 2026
Published on: Mar 18, 2026
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2026 Ioannis Antonaros, Richard Curran, published by ŁUKASIEWICZ RESEARCH NETWORK – INSTITUTE OF AVIATION
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.