Suborbital space tourism and point-to-point travel are emerging frontiers, challenging existing regulations. This article examines the FAA's approach, the critical safety, medical, and liability issues, and the international legal complexities of defining airspace for a rapidly expanding commercial space market.

The fantastical notion of space flight is swiftly transitioning from the exclusive domain of state-sponsored cosmonauts into an embryonic commercial market, with suborbital space tourism leading the charge. This nascent phase of the space economy offers participants a brief yet intense experience of space, reaching altitudes above the Karman line. Beyond tourism, the concept of point-to-point (P2P) suborbital transportation, promising rapid travel between distant global cities in under an hour, is also gaining momentum. However, the commercialization of these pioneering endeavors necessitates a robust and dynamic regulatory framework, presenting an interdisciplinary challenge to national law, international agreements, and the inherent risks of space travel itself.

The Current Regulatory Framework in the United States

In the U.S., the Federal Aviation Administration (FAA) Office of Commercial Space Transportation (AST) holds direct regulatory responsibility for commercial launch and reentry from space, including human spaceflight. This regulatory authority is derived from the Commercial Space Launch Act of 1984, as amended.

Enacted by the Commercial Space Launch Amendments Act of 2004 and consistently renewed, most recently through January 1, 2028, a congressional moratorium limits the FAA's jurisdiction to regulate rules pertaining to human spaceflight passenger safety. During this period, the FAA operates under an "informed consent" system, which obligates commercial providers to inform spaceflight participants of the risks in writing. This approach is designed to foster industry innovation by reducing regulatory burdens during the nascent stages of a new industry.

Even amidst this learning phase, the FAA is still tasked with safeguarding public safety (un-involved third parties on the ground, in the air, or at sea) and can enforce regulations in the event of severe or lethal accidents. As of May 2025, the FAA has approved or licensed 51 commercial human spaceflight flights, with a notable increase in launches observed after 2021. However, the FAA's examination of commercial suborbital flights indicates a catastrophic failure rate of 2.78%, highlighting the implicit dangers even in these early stages. The FAA Human Space Flight Occupant Safety Aerospace Rulemaking Committee is actively collaborating with industry partners to develop voluntary consensus safety standards, which are expected to inform future regulations post-2028.

Challenges for Suborbital Space Tourism

The regulatory landscape for suborbital space tourism faces several immediate challenges:

  • Safety Beyond Informed Consent: While informed consent is a current cornerstone, the long-term viability and public acceptance will require a more comprehensive safety framework beyond merely informing passengers of risks.
  • Medical Requirements: Establishing standardized medical criteria for spaceflight participants, considering the physiological demands of suborbital travel, is crucial.
  • Insurance and Liability: Developing clear and sufficient insurance and liability frameworks for all parties involved – providers, participants, and third parties – is essential for financial stability and dispute resolution.

The Point-to-Point (P2P) Suborbital Travel Complexities

P2P suborbital travel envisions suborbital vehicles as a rapid means of transportation from one point on Earth to another, introducing additional layers of complexity:

  • Airspace vs. Outer Space Delimitation: A fundamental unresolved issue in international law is the precise boundary between national airspace (governed by air law and national sovereignty) and outer space (governed by space law, which legitimizes exploration and non-appropriation). Suborbital spacecraft ascend through national airspace, briefly enter an area generally considered "outer space," and then re-enter another nation's airspace. This ambiguity creates a "legal grey area" complicating jurisdiction, air traffic control, and international liability.
  • Classification of Hybrid Vehicles: Are P2P suborbital flights to be classified as "aircraft," "space objects," or a new category, such as "aerospace objects"? This classification will determine which body of international laws and conventions applies (e.g., the Chicago Convention on air law versus the Outer Space Treaty and its related conventions on space law).
  • Global Harmonization: Unlike air transport, which is regulated by a standardized global regime through the International Civil Aviation Organisation (ICAO), there is currently no single global authority with universal jurisdiction for hybrid space-air travel. For P2P travel to become feasible, a global agreement on safety standards, coordinated air traffic management, liability, and customs/immigration protocols will be necessary. The EU, for example, is developing an EU Space Act (anticipated in 2025) to unify safety and sustainability among its member nations, potentially serving as a regional model.
  • Space Traffic Management (STM): Integrating suborbital flights into existing air traffic control systems will be a significant challenge, particularly at high altitudes and for intercontinental ranges. Avoiding collisions with other aircraft, satellites, and space debris will demand sophisticated tracking, communication, and coordination systems.

Ultimately, suborbital space tourism and the emerging P2P suborbital travel concept represent thrilling frontiers for human mobility and experience. However, their true potential hinges on the careful construction of a robust and internationally coordinated regulatory system. Striking a balance between public safety, eradicating legal uncertainty regarding airspace and outer space, and facilitating global cooperation is key to ensuring these initiatives ascend responsibly and sustainably. The next few years, particularly from 2028 onwards in the US, will be critical in shaping both the legal and operational boundaries of human expansion into suborbital space.