CSLAACommercial Space Launch Amendments Act
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125) Some scholars argue that a court would be unlikely to consider an orbital space flight entity a common carrier in light of the FAA's official interpretation of the CSLAA.
The CSLAA allows the FAA to regulate safety for human space flight on a case-by-case basis until either October 1, 2015, or until there is an accident that poses a high risk of or causes injury or death, but this is not the end of the story.
Another possible solution--extending the current CSLAA launch indemnification system to include a waiver of claims between space flight participants and a space flight entity (152)--while tempting, would not be as efficient as a time-limited tort liability immunity statute.