Flying to space may be more regulated than a dive in an OceanGate submersible— but both require tourists to acknowledge they might die

• Titan submersible passengers had to sign a waiver that mentioned death several times.
• But the concept of "informed consent" is also relevant in commercial space travel.
• The FAA requires companies like Blue Origin and SpaceX to warn passengers about the risks.

Since the catastrophic presumed implosion of the Titan submersible, it has been pointed out that OceanGate's passengers were required to sign a waiver acknowledging that they could die — tourists being launched into space have to do the same.

The four-page waiver signed by the Titan passengers, all of whom are presumed dead after the submersible went missing on June 18, called the vessel "experimental" and mentioned death three times on the first page alone.

Leroy Chiao, a retired NASA astronaut and International Space Station commander, told Insider that process of "informed consent" — in which passengers signify they are aware of all potential risks before participating — is key for extreme travel, whether to the depths of the oceans or beyond Earth's atmosphere.

"Passengers have to take the time and effort to inform themselves about any potential risks and then decide whether or not to take part," Chiao wrote in a CNN op-ed.

Unlike the Titan submersible, which skirted the possibility of regulation by operating in international waters, commercial spaceflight in the US is required by federal law to get informed consent from passengers.

"Commercial space operators are required to notify flight crew and spaceflight participants in writing that the US government has not certified the launch or reentry vehicle as safe for carrying humans," according to the Federal Aviation Administration.

Companies are also required to ensure passengers are fully aware of the risks involved with spaceflight launch and reentry — including the possibility of an event that would cause "serious injury, death, disability, or total or partial loss of physical and mental function."

The FAA also verifies that the informed consent requirements are met before a commercial spacecraft launches.

It's unclear if the informed consent waivers signed by the Titan passengers would've met the FAA's standards, which require space tourism companies to "present technical information in a manner that can be readily understood."

In both the case of the Titan submersible and commercial spacecraft, the vessel itself is not required to be independently certified.

However, the FAA does regulate the launch and landing operations of commercial spacecraft to ensure the safety of people on the ground and the surrounding environment. And in the case of SpaceX, because the company flies NASA astronauts to space, their spacecraft are built to satisfy the agency's safety standards. Meaning, space tourism in the US is more regulated at least than the Titan submersible was, even if some believe it's still not enough.

Stockton Rush, the CEO of OceanGate who died on the Titan, has come under scrutiny for dismissing safety warnings from experts in his field. Past interviews have since surfaced in which he lamented how regulations could slow innovation and celebrated the way he had "broken some rules."

Chiao noted there were many differences between Rush's submersible and space tourism, but said he hopes the Titan passengers had raised questions and fully understood the risks before the dive, adding: "But here's the bottom line: Life is about balancing risks and rewards and, in most cases, society leaves it to adult individuals to decide for themselves."

Niloofar Kamran, an engineering professor at Cornell College in Iowa, told Insider that although there is still not a ton of regulation in the space tourism field, the major players, such as SpaceX, Blue Origin, and Virgin Galactic, appear very committed to safety.

"Those companies have a lot at stake, money-wise, reputation-wise. I hope they are doing their best," she said, noting that past infamous spaceflight disasters have likely also played a role in encouraging caution.

While Kamran said she wasn't as familiar with the submersible industry, she would not be afraid of going on a space tourism offering.

"If you give me a Blue Origin ticket, I'd take it," she said.

But if you'd given her a Titan sub ticket? "I'd think twice."