Novel Space Activity Regulation Still Unclear Despite Executive Order
A White House executive order on regulation of novel space activities by the Commerce Department leaves uncertain what role, if any, the FCC will have in overseeing in-space servicing, assembly and manufacturing, we're told. The EO, which President Donald Trump issued Wednesday, also looks to ease the regulatory hurdles for commercial space launches. The FCC commissioners unanimously approved an ISAM licensing framework NPRM 18 months ago (see 2402150053).
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With an aim of "enhanc[ing] American greatness in space" through a faster cadence of commercial space launches and more novel space activities by 2030, the EO directs regulatory agencies to streamline commercial license and permit approvals for American-based operators. The FCC isn't specifically mentioned in the EO, though Commerce and the Department of Transportation are.
DOT Secretary Sean Duffy wrote that Thursday marked the 1,000th commercial space launch licensed by the FAA -- a milestone that took 35 years to reach. "We're going to reach 2,000 launches in just FIVE years" with the EO, he said.
Under the EO, Transportation is to quicken its launch environmental reviews and eliminate obstacles to launch and reentry licenses and permits. It directs DOT to set up National Environmental Protection Act (NEPA) categorical exclusions for launch and reentry licenses.
The EO also directs Commerce to craft a process for authorizing private space missions not already regulated by any agency. That process is to include "a definitive timeline" for granting or denying authorizations as well as "clear and consistent requirements for applicants," according to the EO. The order also pushes Transportation to amend or ax its Part 450 launch and reentry licensing rules.
There have been industry concerns about creating a fourth space activity regulator beyond the FCC, FAA and NOAA, Mike French, Boston Consulting Group space consultant, told us. He said the language about Commerce handling types of space missions not already regulated is critically important to the commercial space sector. Pointing to the FCC with its ISAM licensing framework exploring what its regulatory capabilities are, French said there needs to be interagency work on how to handle companies that operate in emerging areas.
Caleb Henry of consultancy Quilty Space also told us what will happen with ISAM is unclear.
Jim Muncy of space consultancy PoliSpace emailed us that FCC oversight of novel missions like ISAM "will organically change," adding that "the FCC and Commerce will talk, and eventually the FCC will tell people to go to Commerce." He said the Biden administration approach was to give agencies a lot of authority to require licenses. Commerce's mission authorization authority over novel space activity should have the agency coming up with "a gold star" that confirms what a company wants to do is treaty and legally compliant. Then the company could periodically check in and reconfirm that authorization, he said. That approach would likely be widely embraced by industry, Muncy added.
The FCC didn't comment.
French said the launch licensing language in the EO creates "a bit of a fast lane" for DOT to make substantive regulatory changes. The agency has an advisory rulemaking committee looking at its launch regulations now with the aim of making recommendations that can be "potential needle movers" on the launch licensing process, and the EO makes it easier for those recommendations to get secretary and White House attention and happen more quickly, he said.
The EO also directs Commerce to move its Office of Space Commerce out from under NOAA, so it reports directly to the Commerce secretary. OSC is typically the voice for space industry concerns in inter-government activities, French said.
The Commercial Space Federation applauded the regulatory reorganizations and relief. "It is clear that President Trump is serious about maintaining U.S. dominance in space in the face of growing international competition, especially from China," it said. CSF said DOT's environmental review process "is overly cumbersome and time-consuming," and the EO's efforts should help speed up launch cadences. CSF said it "has long advocated" for Commerce to craft a regulatory regime for novel space missions "that enables continued growth and development of the American commercial space industry."
The Taxpayers Protection Alliance called the EO "yet another positive addition to the series of deregulatory efforts by this administration" and said NEPA "has been holding back the country’s ability to build or innovate in different sectors of the economy."