Millions of Americans watched the inaugural SpaceX Crew Dragon launch NASA astronauts to the International Space Station. This mission marked two significant events: first, the return of launch to orbit capability for human spaceflight from the United States. Secondly, it successfully demonstrated private sector capability to build and operate a launch vehicle for human spaceflight.

While SpaceX may be the first private space company to accomplish this, it is not alone. Boeing’s Starliner and Lockheed’s Orion capsule are also being developed for NASA’s Commercial Crew Program, and training has begun for safety operations on the spacecraft.

As an aerospace lawyer working and teaching on human spaceflight law and policy for over a decade, I have a professional and personal appreciation for current spaceflight technologies and astronaut developments.

For many, the Crew Dragon launch marked the start of a new era of commercial access to space and private human spaceflight. However, given logistical and destination requirements for Earth orbit or beyond, the onset of larger-scale private human spaceflight is more likely to emerge within the suborbital space market.

Commercial suborbital flights coming next
A suborbital flight, in contrast to SpaceX’s recent orbital flight, is a brief spaceflight that fails to complete one full orbit of the Earth. That is, you launch your space vehicle to the edge of space and come right back down. Virgin Galactic has been inching closer to commercial suborbital launch operator status with successful crewed test flights in February 2019. In fact, Virgin Galactic’s SpaceShipTwo, an air-launched suborbital rocket, and Blue Origin’s New Shepard, a rocket-launched space capsule, are projected to commence suborbital flights catering to both space tourists and scientific research this year. Each suborbital flight presents a unique spaceflight experience, trajectory, and set of regulatory requirements.

While the industry continues to test and refine tech and operations, the Federal Aviation Administration – which regulates launch, reentry and spaceports for U.S. commercial spaceflight – is also morphing to address the needs of the emerging private space industry.

Spaceflight is regarded as an inherently dangerous activity. While some hazards of spaceflight and the space environment – like G-forces, radiation, vibration, and microgravity – are well documented, many risks remain unknown. The scope of physiological risks spans pre-flight, in-flight, and post-flight operations and activities.

FAA regulations also focus on the safety and protection of the public on the ground, not the civilian passengers who are called spaceflight participants. This includes anyone who is not crew or a government astronaut on a spacecraft.

As a result, regulations stipulate minimum requirements with regard to medical fitness and training for space tourists, as well as informed consent, and waivers of liability to protect the launch operator.