Tag: regulation

FAA and Fish & Wildlife approve further launches of Starship/Superheav at Boca Chica

12:35 pm

Starship/Superheavy flight plan for first orbital flight
The April Starship/Superheavy flight plan. Click for original image.
The slightly revised flight plan for flight two can be found here.

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

UPDATE: The FAA has now issued the launch licence [pdf]. Note it adds that the FAA and Fish & Wildlife have imposed new requirements (as noted in the announcements below) on SpaceX on this and future launches, all of which will have to be reviewed after each launch.

Original post:
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Both the FAA and the Fish & Wildlife department of the Interior Departiment today released their completed investigations of the environmental impacts created by the first test launch of SpaceX’s Starship/Superheavy rocket in April 2023, and (not surprisingly) concluded that the launch did no harm, and that a second launch can be allowed.

The FAA report can be found here [pdf]. The Fish & Wildlife report can be found here [pdf]. Both essentially come to the same conclusion — though in minute detail — that Fish and Wildlife had determined in April 2023, only a week after that first test launch.

No debris was found on lands belonging to the refuge itself, but the agency said debris was spread out over 385 acres belonging to SpaceX and Boca Chica State Park. A fire covering 3.5 acres also started south of the pad on state park land, but the Fish and Wildlife Service didn’t state what caused the fire or how long it burned.

There was no evidence, though, that the launch and debris it created harmed wildlife. “At this time, no dead birds or wildlife have been found on refuge-owned or managed lands,” the agency said. [emphasis mine]

In other words, the investigation for the past seven months was merely to complete the paperwork, in detail, for these obvious conclusions then.

As part of the FAA action today, it also issued range restrictions for a November 17, 2023 test launch at Boca Chica. Though there is no word yet of the issuance of an actual launch license, it appears one will be issued, and SpaceX is prepared for launch that day, with a 2.5 hourlong launch window, opening at 7 am (Central). SpaceX has already announced that its live stream will begin about 30 minutes before launch, at this link as well as on X.

Hat tip to BtB’s stringer Jay and my reader Jestor Naybor for these links.

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Musk: Government approval for 2nd Starship/Superheavy launch expected before Friday

8:35 am

According to a tweet today by Elon Musk, he has been informed that the federal government will give its blessing for SpaceX to conduct the second Starship/Superheavy test launch from Boca Chica in time for a Friday November 17, 2023 launch.

The launch window opens at 7 am (Central) and lasts until 11:20 am.

Let us all now bow our heads to our lords and saviors at the FAA and Fish and Wildlife for finally deciding to allow this once-free American to simply do something the government was once forbidden from blocking. The worst part is that the fundamental law that forbids such government interference (its called the Constitution and the Bill of Rights) has not been officially repealed, merely morphed into nothing more than fish wrap while everyone decided to look the other way.

Be warned: Even if by some miracle this second test launch goes perfectly, these government agencies are still not going to allow a quick turn-around for a third launch. No, they will put SpaceX through the same investigatory grind, eating up months. And if the more likely scenario occurs, and the launch does not go perfectly, I guarantee the grind will go on longer.

Sovereign power now resides within Washington, not the people of the United States. The proof is how so many of those people now consider this situation normal and expected.

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FCC extends SpaceX’s communications license for Starship/Superheavy launch

6:46 pm

The FCC tonight extended SpaceX’s communications license for Starship/Superheavy launch from December 1, 2023 to February 23, 2024.

Though there are a lot of rumors that Fish and Wildlife is about to approve the launch, which will allow the FAA to issue the actual launch license, this extension suggests SpaceX is covering its bets in case the approvals are further delayed, or if they are approved in November weather issues force a delay into December.

I remain pessimistic about a November launch, not because I don’t want it to happen (I do), but because I have no faith in the federal government’s desire to allow it to happen. The bureaucracy has now delayed this launch more than two months (SpaceX was ready to launch in September) and the politics continue to sugges the delays will continue.

Hat tip to BtB’s stringer Jay for the link.

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Japanese billionaire finally concedes his Starship Moon mission won’t happen in 2023

9:14 am

Japanese billionaire Yusaku Maezawa finally admitted publicly today that his manned Moon mission using SpaceX’s Starship/Superheavy rocket won’t happen in 2023 as first announced in 2018.

The most significant part of the announcement? “”We’re not sure when the flight will be,” Maezawa noted on X. Though SpaceX and several news sources claim that federal approval for the next test launch could occur as soon mid-November, Maezawa — as one of SpaceX’s most important customers — might have more detailed non-public information about that approval process.

Even if that second flight get approved and flies in November, it does not mean Maezawa’s manned mission will soon follow. SpaceX will certainly not be ready for manned Starship launches following this test. It will likely require at least a few more unmanned test launches, with each likely delayed months by the same federal bureaucracy that delayed the second test launch by months.

Unless something significant changes in how the federal government is regulating SpaceX at Boca Chica, the first manned flight of Starship is likely years away, no sooner than 2025, but more likely 2026 or 2027.

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FCC raises questions about SpaceX’s application to link cell phones to Starlink

9:20 am

The FCC has responded to SpaceX’s application to link cell phones to Starlink with a set of questions, mostly centered on finding out whether the company’s system might interfere with other communications systems.

“This analysis should take into account the worst case scenario of all satellites transmitting at the same time, including different power levels required for rain fade and cloud cover as well as clear sky conditions over a particular area of coverage,” the FCC wrote.

In addition, the same analysis should look at the “possibility of loss of service by other authorized satellite and terrestrial operators in that area,” the Commission added. Another request asks SpaceX to provide “a map with projected beam coverage” for the US, showing the maximum and typical power levels of the satellite cellular service. The FCC also wants to know how the company can shut down the cellular Starlink system in the event interference arises over certain geographic areas.

The FCC’s concerns appear reasonable, but no one should dismiss the possibility that politics are involved as well. The Biden administration, which now has a majority of appointees on the FCC, has made it clear it opposes almost everything Elon Musk is doing.

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Senate passes bill that gives NASA and Commerce responsibility for removing space junk

9:27 am

The Senate on October 31, 2023 passed a bill that requires NASA to develop several space junk removal projects while giving the Commerce department the responsibility of identifying what space junk needs to be removed.

The central part of the bill would direct NASA to establish an active debris removal program. Tnat includes creating “a demonstration project to make competitive awards for the research, development, and demonstration of technologies leading to the remediation of selected orbital debris.” It would also require NASA to enter into a partnership to fly a demonstration mission to remove debris.

The debris that could be removed by those demonstrations would come from a list developed by the Department of Commerce to identify debris “to improve the safety and sustainability of orbiting satellites and on-orbit activities.” The Department would also lead work on best practices for space traffic coordination. The bill directs the National Space Council to lead an update of the federal government’s Orbital Debris Mitigation Standard Practices.

Though unstated, this bill appears to be a direct slap at the FCC’s effort under the Biden administration to claim the power to regulate space junk, despite its lack of statutory authority to do so. In fact, the Senate underlined that slap in the face by also passing a bill that demanded the FCC streamline its regulatory overreach rather than expand it.

Neither bill is law yet, and it is unclear whether the House will agree to either. The Senate has sent the space junk bill to the House previously without passage.

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No launch of Starship/Superheavy until February?

10:15 am

Superheavy still going strong, shortly after Max-Q
Superheavy still going strong, shortly after Max-Q,
during April test launch

In an email statement released on October 19, 2023 by the Fish and Wildlife Service (FWS) and reported by Bloomberg news today, FWS decided to initiate a ” a formal review of the upgrades SpaceX has made to its Starship launch system”, beginning on October 5.

Most of the Bloomberg article is behind a paywall, but the second paragraph is really the key quote:

The FWS now has as long as 135 days to create an updated biological opinion about how Starship and its launches impact the local environment, however the agency does not “expect to take the full amount of time,” a representative said in the statement.

If FWS does take the full time period, no launch can occur before February. Nor should anyone naively believe its statement that it does not expect to take the full amount of time. For example, SpaceX completed installation of its upgraded Starship/Superheavy launch system, including the water deluge equipment at its base, in early August. Why did Fish and Wildlife wait till now, almost three months later, to begin its review?
» Read more

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Australia and the U.S. agree to facilitate rocket launches in Australia

10:37 am

A technology agreement announced on October 25, 2023 between Australia and the U.S. included language that will allow for American rocket companies to launch from Australia, as well as Australian rocket companies to launch American satellites.

According to the White House statement, the agreement…

…provides the legal and technical framework for U.S. commercial space launch vehicles to launch from Australia in a manner that: protects sensitive U.S. launch technology and data in Australia consistent with our shared nonproliferation goals; and creates the potential for new space-related commercial opportunities.

A private Australian spaceport, Equatorial Launch Australia (ELA), has been working to bring U.S. launches there. In addition, an Australian rocket startup, Gilmour Space, wants to launch American payloads. This new government agreement is supposed to facilitate both.

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Rocket Lab expects to resume Electron launches before end of year

10:26 am

Following September 2023 launch failure of its Electron rocket, Rocket Lab now says it has obtained a launch approval from the FAA, and expects to resume Electron launches before end of year.

In the company’s October 25, 2023 press release, it stated the following:

The FAA, the federal licensing body for U.S. launch vehicles, has now confirmed that Rocket Lab’s launch license remains active, which is the first step to enable launches to resume. Rocket Lab is now finalizing a meticulous review into the anomaly’s root cause, a process that involves working through an extensive fault tree to exhaust all potential causes for the anomaly, as well as completing a comprehensive test campaign to recreate the issue on the ground. The FAA is providing oversight of Rocket Lab’s mishap investigation to ensure Rocket Lab complies with its FAA-approved mishap investigation plan and other regulatory requirements. In addition, the National Transportation Safety Board (NTSB) was granted official observer status to the investigation. The full review is expected to be completed in the coming weeks, with Rocket Lab currently anticipating a return to flight later this quarter with corrective measures in place.

Though the FAA is apparently not trying to slow things down, this release gives us a hint at how the new so-called streamlined regulations established this year are actually making things harder. These regulations force the FAA to get more involved in making sure the company has done all due diligence, something the FAA really isn’t qualified to do. To meet these demands, companies now apparently have to jump through many new hoops to satisfy the new regulations.

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Blocked by its own American government, Varda now looks to Australia

9:18 am

Because the U.S. military as well as the FAA refused to issue Varda a license to land its recoverable capsule from orbit — carrying actual HIV pharmaceuticals that can only be manufactured in space — the company is now negotiating with a private range in Australia for landing rights.

The agreement between Varda and Southern Launch, a company based in Adelaide, Australia, would allow Varda’s second mission, scheduled to launch in mid-2024, to reenter and land at the remote Koonibba Test Range. “We plan, with the Koonibba Test Range, to conduct a reentry operation as soon as our second orbital mission, which the launch and reentry would be in mid-2024,” [Delian Asparouhov, the company’s chairman, president, and co-founder,] told Ars.[emphasis mine]

In other words, Varda’s first launched capsule, in space now but unable to land, has become a total loss, simply because the U.S. government blocked its return. The HIV drugs it produced while in orbit will never become available for sale. Nor will Varda be able to use it to demonstrate the returnable capability of its orbiting capsule.

Such a loss could easily destroy a startup like Varda, which is certainly not yet in the black as it develops its technology.

What is most disgusting about this blocking is that at the same time the military and the FAA refused Varda permission to land, those agencies had no problem letting NASA drop its OSIRIS-REx sample capsule in the same landing range in Utah.

Right now our federal government has become the enemy of the American people, doing whatever it can to stymie them, whether by intention or by incompetence.

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Update on Starship/Superheavy: Lots of work, no sign of FAA launch approval

9:20 am

Link here. The article provides a thorough review of the work SpaceX engineers have been doing in the past six weeks since the company announced on September 5th that it was ready to do a second test orbital launch of Starship (prototype #25) and Superheavy (prototype #9), but has been stymied by the refusal of the federal bureaucracy to grant a launch license.

For example, while waiting the company has done some tank tests with Starship prototype #26, which is not expected to fly but is being used for testing. The article outlines a lot of other details, but this is the key quote:

While Ship 26 started its engine testing campaign, SpaceX looks to be gearing up for a Wet Dress Rehearsal (WDR) for Booster 9 and Ship 25. Related notices have been posted for the coming week, marking the imminent return to a full stack for the next Starship to launch as soon as November, pending regulatory approval. [emphasis mine]

This source, NASASpaceflight.com, now admits that the FAA and Fish & Wildlife will not issue a launch license until November. Previous reports from it have tried to lay the blame for the delays on SpaceX. It now can no longer make that claim.

In April, after noting at great length the lack of harm done to wildlife by the first test launch (as admitted by Fish & Wildlife itself, the agency that is presently delaying things), I predicted the following:

[I]t appears that both the FAA and Fish and Wildlife are now teaming up to block any future launches at Boca Chica until SpaceX guarantees that the rocket and its launchpad will work perfectly. But since SpaceX must conduct launches to determine how to build and further refine the design of that rocket and launchpad, it can’t make that guarantee if it is banned from making launches.

We must therefore conclude that these federal agencies are more interested in exerting their power than doing their real job. They are therefore conspiring to shut Starship and Superheavy development entirely, or at a minimum, they are allowing their partisan hatred of Elon Musk and capitalism itself to delay this work as much as possible. As Lord Acton said in 1887, “Power corrupts, and absolute power corrupts absolutely.”

At that time I thought it very possible no further launches from Boca Chica would ever be approved. In May I refined that prediction, stating that come August the “…launch license will still not be approved, and we will still have no clear idea of when that approval will come. Nor should we be surprised if approval does not come before the end of this year.”

At the time that prediction was poo-pooed, with claims that I did not understand the regulatory process and that the government certainly did not want to stand in the way. It now appears my prediction was right on the money, and worse, my first prediction might be closer to the truth, that while the federal government doesn’t want to come right out and say, “No more launches from Boca Chica!”, it is imposing so many delays and requirements there that it makes the location impractical for SpaceX to use it as a launch test site.

The company desperately needs to get its second Starship/Superheavy launch site at Cape Canaveral operational. Otherwise it is unlikely it will ever be able to complete the development of this rocket.

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India’s government confirms its policy to transition to private enterprise in space

9:47 am

Capitalism in space: In a presentation at the International Astronautical Congress in Baku yesterday, one high official from India confirmed the Modi’s government’s new policy to shift is space industry from government-controlled to privately-run.

“A transition is happening in India. We are moving from ISRO [India’s space agency] being the sole player in the space sector to the private sector taking on a more meaningful role,” Pawan Goenka, chairman of the Indian National Space Promotion Authorization Center (IN-SPACe), said at a forum at the 74th International Astronautical Congress in Baku, Oct. 5.

The Indian government approved the Indian Space Policy 2023 in April this year, which follows a number of developments in recent years. “What the Indian Space Policy did was take everything to do with space — satellite communication, remote sensing, space operations, transportation, navigation, everything — and put it into one comprehensive document only 12 pages long,” Goenka said. [emphasis mine]

The highlighted words will sound very familiar to regular readers of this webpage. It describes what NASA has been doing for the past decade, and sums up precisely the recommendations put forth in my 2017 policy paper, Capitalism in Space.

IN-SPACe, the agency Goenka heads, has been tasked with fulfilling this task, and is thus in a direct turf war with ISRO, the space agency that has controlled all of India’s space effort for a half century. How that turf war will play out remains uncertain, though at present IN-SPACe and the Modi government appear to be winning.

It would likely help India’s private industry if the Modi government would make public that 12-page policy statement. So far it has either not released the text, or if it has it has made it impossible for me to find it.

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FAA issues new revised regulations for private commercial manned space

9:48 am

The FAA on September 28, 2023 issued new revised safety regulations for the emerging private commercial manned space industry, updating the regulations first put forth in 2014.

The recommendations, which are the first since 2014, cover the gamut across design, manufacturing, and operations, and are based on lessons learned during the NASA Commercial Crew program, as well as recent commercial space fights, the FAA said Friday. “AST [the FAA office that handles commercial space] is issuing Version 2 of this document because significant progress has been made in the commercial human space flight industry since 2014, the year Version 1 was issued.”

These new recommendations were worked out by a committee that included many of the private companies that now fly space passengers, such as SpaceX, Virgin Galactic, Blue Origin, and Boeing. Thus, the changes likely make some sense.

At the same time, it seems the effort to regulate has accelerated since Joe Biden became president. Under Trump there was a concerted effort to limit the impact of new regulations on this new space industry. Under Biden, it appears new regulations arrive almost weekly, and as a result there appears to be a significant slow down in development by new space companies.

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FCC fines Dish for failing to put a geosynchronous satellite in its proper graveyard orbit

9:39 am

The FCC on October 2, 2023 announced it is fining Dish Network $150K for failing to raise the orbit of one of its dying geosynchronous satellites so that it was in a proper graveyard orbit and out of the way.

The settlement includes an admission of liability from Dish for leaving EchoStar-7 at 122 kilometers above its operational geostationary arc, less than halfway to where the satellite broadcaster had agreed. EchoStar-7 could pose orbital debris concerns at this lower altitude, the FCC warned.

The regulator said it approved a plan from Dish in 2012 to move the satellite at the end of its mission 300 kilometers above geostationary orbit, which is about 35,786 kilometers above the Earth. Dish had estimated it would need to start moving the satellite in May 2022 to ensure it had enough fuel for the trip after two decades in orbit — but just three months ahead of the planned move the company found insufficient propellant remaining.

It is routine for satellite companies to raise the orbits of their geosynchonous satellites when their lifespan is over in order to make room for future satellites. This higher orbit, long dubbed a graveyard orbit, is presently filled with many past satellites no longer in use (though the refueling and reusing of some is now taking place).

What makes this story different is the fine. The FCC has claimed it has the right to regulate the de-orbiting plans for all satellites, even though its statutory authority does not include that right. This fine is the first since the agency made that claim. That Dish settled rather than fight was likely a decision by managment to choose the lesser evil. Even though the courts would likely cancel the fine, the fight would cost as much as the fine, and there is a chance Dish would lose. As the saying goes, better to pay the two dollars than end up in jail.

As a result, this government agency has now established a precedent whereby it can regulate and even fine private companies for not doing what it dictates when it comes to decommissioning satellites, even though no law was ever passed giving it that power. And the FCC agrees.

“This is a breakthrough settlement,” FCC Enforcement Bureau Chief Loyaan Egal said in a statement, “making very clear the FCC has strong enforcement authority and capability to enforce its vitally important space debris rules.”

The unelected administrative state continues its unstoppable growth in power.

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Stopgap budget bill includes three-month extension of regulatory “learning-period”

9:00 am

The stopgap 45-day continuing resolution passed by Congress on September 30, 2023 also included a three-month extension of regulatory “learning-period” first established in 2004 and extended several times since then.

Among the provisions in that FAA reauthorization was a three-month extension of the existing restrictions on the FAA’s ability to regulate safety for commercial spaceflight participants. That restriction, often called a “learning period” by the industry, was set to expire Oct. 1 but now runs until Jan. 1.

It must be noted that this so-called limitation on FAA regulation of commercial spaceflight really does not exist any longer, no matter what law Congress passes. The administrative state really runs the show now, and both the FAA and Fish & Wildlife have decided heavy regulations are required, and are imposing such controls over SpaceX’s Superheavy/Starshp test program, while the FAA by itself is imposing strict regulation on Blue Origin’s New Shepard suborbital spacecraft. The result is a slowdown in launches for both, extending months to a year.

It also appears that this heavy regulation is squelching launches of new rockets. Last year four new rocket startups attempted new launches (Astra, ABL, Firefly, Relativity), some making multiple attempts. This year, such test flights have essentially ceased, with only Firefly completing one launch for the military. Worse, two of those companies (Astra and Relativity) have abandoned their rockets entirely, claiming they are building new bigger versions, but one must now wonder.

The long term historical significance of these facts extends far beyond the space industry. Increasingly the unelected bureaucracy in Washington is taking on powers it is not supposed to have, while Congress (which is delegated those powers) increasingly is irrelevant. The shift in power signals a major reshaping of American governance, in a direction that is not good for freedom or the fundamental concepts that established the country and made it a success.

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SpaceX’s military version of Starlink wins $70 million Space Force contract

10:08 am

Capitalism in space: The Space Force yesterday awarded SpaceX a $70 million contract to provide it communications and broadband capabilities though the military version of Starlink, dubbed Starshield.

A Space Force spokesperson confirmed that SpaceX on Sept. 1 was awarded a one-year contract for Starshield with a maximum value of $70 million. The award came alongside 18 other companies through a program run by the Space Force’s commercial satellite communications office.

“The SpaceX contract provides for Starshield end-to-end service (via the Starlink constellation), user terminals, ancillary equipment, network management and other related services,” Space Force spokesperson Ann Stefanek told CNBC.

Though this contract is for satellite services, it will increase SpaceX’s need to launch and complete its Starlink constellation. Though it has successfully launched a lot of satellites using the Falcon 9 rocket, it has always said it needs Starship/Superheavy to properly build and maintain the constellation.

Thus, NASA is no longer the only government agency with a strong motive to get Starship/Superheavy launched. Expect both NASA and the Pentagon to apply pressure on the White House to ease up on SpaceX. Expect that pressure to have little influence, unless the public joins in loudly.

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More than a year after the New Shepard accident, the FAA finally closes its investigation

9:58 am

It appears that Elon Musk and SpaceX is not the only space company being stymied by the new heavy-handed regulation coming from the federal bureaucracy since Joe Biden took power. In a statement issued yesterday, the FAA announced that is had finally closed its own investigation into the New Shepard accident that occurred on September 12, 2022, more than a year after it occurred. More significantly, the FAA also said that despite completing its investigation, it is still denying Blue Origin a launch license to resume suborbital flights.

The FAA required Blue Origin implement 21 corrective actions to prevent mishap reoccurrence, including redesign of engine and nozzle components to improve structural performance during operation as well as organizational changes. … The closure of the mishap investigation does not signal an immediate resumption of New Shepard launches. Blue Origin must implement all corrective actions that impact public safety and receive a license modification from the FAA that addresses all safety and other applicable regulatory requirements prior to the next New Shepard launch.

It once again must be stated that there is no one at the FAA truly qualified to make such recommendations. These are paper-pushers, even if they have some engineering background. The FAA must rely on Blue Origin’s own engineers to determine these issues, as well figure out what must be done to fix them.

While Blue Origin’s own corporate culture — terribly slow at accomplishing anything — is certainly at major factor in these delays, it appears the FAA has not been helping. Blue Origin had announced the completion of its own investigation in March, six months ago, with the same conclusions as the FAA investigation completed now. Why did it take the FAA six more months to close its own investigation?

Moreover, the FAA’s statement makes it clear that Blue Origin has not yet satisfied the government’s demands, even though the investigation is closed. For Blue Origin to have still not implemented the corrections is to be expected, considering its slow methods of operation, but this statement — similar to the statement issued in connection with closing its investigation of the SpaceX’s Superheavy/Starship test flight — suggests a new and unprecedented policy at the FAA, treating all space-related incidents as if the rockets and spacecraft are no different than airplanes. First it will take its time issuing its own investigation, then it will take its time approving the corrections any company implements, just to make sure all the “i”s are dotted and the “t”‘s are crossed.

It is also possible that the FAA has been ordered to implement this new heavy-handed policy by higher ups in the White House on all companies, in order to hide the political motivations that have been targeting SpaceX and Elon Musk.

Regardless, this new strict regulation likely means we should expect a serious slowdown in the rebirth of commercial space. The renaissance of achievement by private enterprise in the past decade in space could be ending.

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House speaker Kevin McCarthy proposes bill to extend “learning period” for rocketry

9:52 am

The speaker of the House, Kevin McCarthy (R- California) today introduced what he calls the STAR act, which would extend the learning period that exempts the new human commercial space industry from heavy regulation from its impended expiration this year for eight more years, to 2031. From his statement:

The STAR Act would extend the learning period by 8 years to provide sufficient time for the FAA and commercial space industry to develop consensus standards for human safety in space flight. The bill’s proposed 8-year extension corresponds with the lengths of the original learning period — from 2004 to 2012—and the extension by Rep. McCarthy’s SPACE Act (P.L. 114-90) — from 2015 to 2023.

More information here. That McCarthy has introduced this bill suggests its chances of passage are high, assuming a very divided and partisan Congress can manage to pass anything in the coming weeks.

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FAA and FCC now competing for the honor of regulating commercial space more

9:44 am

Two stories today illustrate again the growing appetite of federal alphabet agencies to grab more power, even if that power is not included in their statutory authority.

First, the Federal Aviation Administration (FAA) proposed new rules governing the de-orbiting of the upper stages of rockets by commercial launch companies.

The FAA is proposing a new rule requiring commercial space companies to dispose of their rocket upper stages to limit the creation of more space debris. Five disposal methods are allowed: a controlled or uncontrolled deorbit within certain time limits, putting the stage into a less congested orbit or sending it into an Earth-escape orbit, or retrieving it. A 90-day public comment period will begin once the proposed rule is published in the Federal Register.

Though this “appears to implement the updated U.S. Orbital Debris Mitigation Standard Practices issued in 2019,” it upgrades it from a “practice” that the government requests companies to follow to a “rule” they must follow. It also expands the power of the FAA to regulate commercial rocket companies, setting a new precedent of control that I guarantee with time will expand further.

Not to be outdone in this power grab, the Federal Communications Commission (FCC) added its own new satellite rules to the satellite licenses of two constellations run by the companies Iceye and Planet. The rules however have nothing to do with regulating the use of the electromagnetic spectrum, which is the FCC’s sole purpose according to the law that created it:
» Read more

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SpaceX sues to get Justice’s discrimination suit thrown out on constitutional grounds

9:20 am

SpaceX on September 15, 2023 filed suit in Texas to get the Justice Department’s August 24th discrimination suit — which claims that the company discriminates against illegal aliens because it obeys State Department security regulations forbidding such hiring — thrown out on constitutional grounds.

From the complaint [pdf]:

But aside from being factually and legally insupportable, the government’s proceedings are unconstitutional for at least four reasons: (1) the administrative law judge (ALJ) adjudicating the government’s complaint was unconstitutionally appointed; (2) the ALJ is unconstitutionally insulated from Presidential authority because she is protected by two layers of for-cause removal protections; (3) the ALJ is unconstitutionally purporting to adjudicate SpaceX’s rights in an administrative proceeding rather than in federal court; and (4) the ALJ is unconstitutionally denying SpaceX its Seventh Amendment right to a jury trial.

The suit specific names two of these administrative judges, as well as attorney general Merrick Garland, as defendents. It also outlines in detail how SpaceX follows the State Department’s law protecting U.S. technology scrupulously, while hiring the most talented people of all races, including non-citizens after getting State Department permission. Even so, the company’s complaint focuses on the unconstitutionality of the Justice Department’s administrative attack, demanding its dismissal for these reasons alone.

As I noted when the Justice Department’s lawsuit was first announced,

This suit is utter garbage and puts SpaceX between a rock and a hard place. I guarantee if SpaceX had hired any illegal or refugee who was not yet a legal citizen, Biden’s State Department would have immediately sued it for violating other laws relating to ITAR (the export control laws mentioned) which try to prevent the theft of technology by foreign powers.

That SpaceX has chosen to fight this lawsuit first on constitutional grounds suggests the company has fundamentally come to the same conclusion. Musk has decided to fight back hard against Biden’s effort to squash him both politically and legally.

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Federal government continues to block the return of Varda’s commercial capsule, carrying drugs to treat HIV

9:47 am

Even as the FAA continues to block Varda from returning its capsule back to Earth, the Air Force has now joined in to block its landing at its Utah Test and Training Range, the same location NASA will use on September 24 to drop the return capsule from OSIRIS-REx, carrying material from an asteroid.

Varda originally planned to bring back a capsule containing crystals of ritonavir, a drug used to treat HIV, in mid-July. After announcing that had been delayed [due to the FAA’s refusal to issue a landing license in July], the company was looking at September 5 and 7, a source told TechCrunch. This information was confirmed by USAF.

The company declined to comment, but posted on X that the “spacecraft is healthy across all systems” and that they are continuing to collaborate with regulators to bring the capsule back to Earth. They added that the spacecraft can survive for up to a year on-orbit.

“Sept. 5 and 7 were their primary targets,” a spokesperson for the USAF said in an emailed statement. “The request to use the Utah Test and Training Range for the landing location was not granted at this time due to the overall safety, risk and impact analysis. In a separate process, the FAA has not granted a reentry license. All organizations continue working to explore recovery options.”

The spokesperson further said that Varda “is working on presenting alternate plans,” but would not elaborate further whether that meant seeking an alternate landing site. A spokesperson for the FAA told TechCrunch that Varda’s application was denied on September 6 because the company “did not demonstrate compliance with the regulatory requirements.”

“On September 8, Varda formally requested that the FAA reconsider its decision. The request for reconsideration is pending,” the spokesperson said.

The actions of these agencies is unconscionable and a outright abuse of power. There is no rational reason for the FAA to continue to deny Varda the right to bring its capsule back to Earth. Its claims of environmental impact are bogus, especially since capsules and spacecraft have been returning to Earth like this for more than three-quarters of a century. Nor is there any reason for the Air Force to have blocked the return now. Its claim of issues of “safety, risk, and impact” is utter garbage, especially since it is allowing a NASA capsule to land in this exact same facility in only days, and that capsule is carrying material from an asteroid.

One might question why Varda apparently flew its capsule prior to getting these landing approvals, but it did exactly the right thing, for two reasons. First, if it waited for approvals before flying, it would have no leverage on these power-hungry federal agencies and it likely would still be on the ground, going bankrupt (think of Virgin Orbit in the United Kingdom). This by the way is the same tactic used by SpaceX. You don’t wait on them, you put them under the gun by moving forward as fast as possible.

Second, this situation helps highlight the power grab by these agencies. While the FAA has some concerns relating to conflicts with airplane traffic, that should simply be a matter of coordination and involve no great delay. Similarly, landing on an Air Force base is merely scheduling. Since when did government agencies have the power to block a landing beyond those points? They don’t, not legally, morally, or practically.

Though I am sure most workers at the FAA and Air Force are likely trying to do their best to help
Varda, the structure of such regulatory agencies always encourages the power-hungry to grab power. The result has been endless mission creep, to the point where today no space activity can happen without some government agency sticking its nose in to demand control.

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FAA confirms: No Starship/Superheavy launch license until Interior approves

4:00 pm

The Kafkaesque Interior Department strikcs again!
The Kafkaesque Interior Department
strikcs again!

They’re coming for you next: In an email today, the FAA confirmed what I had reported yesterday, that though it hopes to issue a launch license for the next orbital test flight of SpaceX’s Starship/Superheavy rocket by the end of October, no license will be issued until Fish & Wildlife in the Interior Department agrees.

Before it is authorized to conduct a second Starship/Super Heavy launch, SpaceX must obtain a modified license from the FAA that addresses all safety, environmental, and other regulatory requirements. As part of that license application determination process, the FAA will review new environmental information, including changes related to the launch pad, as well as other proposed vehicle and flight modifications.

The FAA will complete a Written Reevaluation (WR) to the 2022 Programmatic Environmental Assessment (PEA) evaluating the new environmental information, including Endangered Species Act consultation with the U.S. Fish and Wildlife Service. If the FAA determines through the WR process that the contents of the PEA do not remain valid in light of the changes proposed for Flight 2, additional environmental review will be required. Accordingly, the FAA has not authorized SpaceX’s proposed Flight 2. [emphasis mine]

Tragically, my April prediction is coming true. This launch is almost certainly not going to occur before November, and will almost certainly be delayed until next year.

Note again that until the Biden administration, SpaceX was not required to get a detailed environmental reassessement after every Boca Chica test launch. Fish & Wildlife was not involved, as it shouldn’t be. SpaceX made its engineering investigation, the FAA reviewed it quickly, and the company launched again, at a pace of almost one test launch a month, with almost every launch resulting in a crash landing or an explosion.

Under the Biden administration the rules suddenly changed. Now, all launches are environmental concerns, even though we have empirical data for more than seventy years at Cape Canaveral that rocket launches not only do no harm to wildlife, they allow it to thrive because the spaceport creates large zones where nothing can be developed.

In other words, the Biden administration is playing a raw and cruel political game, designed to kill Starship/Superheavy. And it is succeeding, because it will be impossible to develop this rocket on time for its investors and NASA at a pace of only one test launch per year.

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Starship/Superheavy 2nd test launch likely delayed until next year by federal bureaucracy and White House

9:52 am

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

They’re coming for you next: While answering questions from reporters at a conference yesterday on when SpaceX might get its next Starship/Superheavy launch license, FAA acting chief Polly Trottenberg said she hoped that license will be awarded by October, but then slipped in one minor additional detail that had not previously mentioned or required:

SpaceX would still need a separate environmental approval from the U.S. Fish and Wildlife Service before a launch. Trottenberg did not say how long that might take.

Not surprisingly, the story from Reuters buries this detail, spinning the story to make it seem that the FAA is eager to help SpaceX launch. Similarly, this NasaSpaceFlight.com story (a space news outlet which has also tried to spin things to make the delays appear the fault of SpaceX) fails to even mention this detail.

SpaceX is now destacking Starship from Superheavy (live stream here).

I predicted in the spring that intransigence from the federal bureaucracy, controlled by the Biden administration, would likely delay this launch well past August, and likely into next year. I also said I would be thrilled if my cynical prediction turned out to be wrong.

Sadly, it looks like that prediction will be correct, and in fact might have actually been conservative. » Read more

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Real pushback: Defiance from all sides to New Mexico’s unlawful suspension of the 2nd amendment

1:27 pm

Michelle Lujan Grisham

When New Mexico’s Democratic Party governor Michelle Lujan Grisham suddenly declared on September 8, 2023 that she was unilaterally suspending the second amendment by outlawing for 30 days the right to carry firearms by any citizens in Albuquerque and its surrounding Bernalillo county, no one should have been surprised.

All Grisham was doing was following the many precedents set during the COVID epidemic, where nationwide governors routinely made unilateral and unlawful declarations violating the Constitutional rights of citizens, with no pushback at all. Grisham was merely following those precedents. To her, it was now okay for a governor to routinely declare a “health emergency” for any reason under the sun (in this case the violent shooting death of an innocent eleven-year-old boy), and declare any law she didn’t like to be null and void.

Grisham was simply demonstrating forcefully the worst lessons learned from the COVID panic. It taught power-hungry politicians that they could get away with any abuse of power they conceived, as long as they dressed that power grab as part of some sort of “health emergency.”

You see, power is very habit-forming, and when you find you suffer no pain for abusing it it is then very easy to abuse it again, and again and again.

The response to Grisham’s unlawful abuse of power however suggested strongly that things are no longer going to follow the script of the COVID panic, when the public meekly went along. Instead, the uproar in the past three days has been astonishing, not so much from the ordinary citizens defying the ban, but from politicians and pundits from across the entire political spectrum.
» Read more

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Good news? FAA issues own report on April Starship/Superheavy launch

11:30 am

The FAA today closed out its own investigation into the April test launch failure of SpaceX’s Starship/Superheavy rocket, stating that it found “63 corrective actions SpaceX must take” before another launch license will be issued.

Corrective actions include redesigns of vehicle hardware to prevent leaks and fires, redesign of the launch pad to increase its robustness, incorporation of additional reviews in the design process, additional analysis and testing of safety critical systems and components including the Autonomous Flight Safety System, and the application of additional change control practices.

It is not clear how many of these corrections have already been completed by SpaceX. The FAA made it clear however that it does not yet consider its requirements to have been met.

The closure of the mishap investigation does not signal an immediate resumption of Starship launches at Boca Chica. SpaceX must implement all corrective actions that impact public safety and apply for and receive a license modification from the FAA that addresses all safety, environmental and other applicable regulatory requirements prior to the next Starship launch.

The timeline suggests FAA is demanding additional actions from SpaceX. The company submitted its own investigation report to the FAA on August 16th. The FAA then spent almost a month reviewing it, during which it almost certainly decided some of SpaceX’s corrections were insufficient. It has now followed up with its own report, listing additional actions required.

Remember, no one at the FAA is qualified or even in a position to do a real investigation. They are simply acting as a chess kibitzer on the sidelines, making annoying commentary based on less information than held by the players of the game (in this case SpaceX). Unlike a chess kibitzer, however, the FAA controls the board, and can force SpaceX to do its recommended moves, or declare the game forfeited by SpaceX.

If the FAA has required additional actions, we will find out in the next few days when SpaceX destacks Starship/Superheavy and rolls both back into the assembly building. It is also possible we instead shall have a few weeks of back-and-forth negotiations by phone, zoom, paper, and face-to-face meetings, whereby SpaceX engineers will be desperately trying to make FAA paper-pushers understand some of their engineering work which will eventually result in an agreement by the FAA to let SpaceX launch.

Remember, none of this kind of regulatory interference and investigation took place between SpaceX and the FAA during the Trump administration when SpaceX was flying a Starship suborbital test flight almost monthly. The heavy boot of regulation arrived soon after Biden. The two are closely linked.

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Senate approves Biden’s FCC nominee, giving him a Democrat majority on FCC

9:48 am

FCC: now controlled by Democrats
The FCC, now controlled by the
power-hungry Democratic Party

Failure theater: The Senate yesterday voted 55 to 43 to approve Biden’s Federal Communications Commission (FCC) nominee, Anna Gomez, thus giving the Democrats a 4 to 3 majority on the Commission.

This was Biden’s second nominee to the commission, with the first withdrawn when it was clear the Senate opposed the nominee.

Biden tried again in May with the nomination of Gomez, a State Department digital policy official who was previously deputy assistant secretary at the US National Telecommunications and Information Administration (NTIA) from 2009 to 2023. A lawyer, Gomez was vice president of government affairs at Sprint Nextel from 2006 to 2009 and before that spent about 12 years at the FCC in several roles.

Gomez got through the confirmation process with relative ease, though most Republicans voted against her. Both parties seem to expect the FCC to reinstate net neutrality rules now that Democrats will have a majority.

Imposing net neutrality is essentially socialism/communism for the internet. It will squash competition, cost a fortune, and eventually be used as well to squelch dissent online (which translates into silencing conservatives).

From the perspective of space, the majority on the FCC is likely very bad news as well, for several reasons. » Read more

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Starship and Superheavy: Ready for launch but still blocked by the White House

11:02 am

Starship stacked on Superheavy, September 5, 2023

Elon Musk yesterday tweeted a short video showing Starship prototype #25 as it was stacked on top of Superheavy prototype #9, stating that both were now ready for their orbital test launch, the second attempt by SpaceX to launch this new rocket.

The image to the right is a screen capture from that movie, showing the full rocket ready to go. When it will go however remains a complete unknown, as Musk himself noted in the tweet: “Starship is ready to launch, awaiting FAA license approval.”

In May I predicted that though Musk predicted at that time that SpaceX would be ready to do this launch in August, it would not happen then or likely for months afterward, because the FAA under the Biden administration is slow-walking all launch approvals for SpaceX, as I showed in detail in a later June essay.

It is now September. SpaceX didn’t meet Musk’s original August ready date for launch, but it only missed that target by about five days. And as I predicted, the FAA has also not yet approved the launch license.
» Read more

19 comments

Japan reworking law that limits its space agency from awarding contracts to private companies

8:32 am

The Japanese government is now in the process of reworking the law that governs its space agency JAXA, in that this law has up to now forbidden it from using any of its budget to directly fund the work of any private companies.

According to sources, the government plans to add a provision to the JAXA Law — the basis for establishing JAXA — to set up a fund to provide long-term, large-scale financial support to the private and academic sectors, and to submit a draft revision at an extraordinary Diet session this autumn.

In the past, JAXA has put money into two private companies out of its own income earned from intellectual property and other sources, and the investment per company was limited to several tens of millions of yen. In March, the Liberal Democratic Party proposed that a fund of ¥1 trillion be established over 10 years.

It appears this limitation might explain why Japan trails so badly in the aerospace sector. JAXA has been forbidden to award contracts to private companies. It has been required by law to do all the work itself.

I suspect one of the two private companies it has sent money to was Mitsubishi, which in turn been a major contractor in building JAXA’s H-2A and new H-3 rockets. The system however has not resulted in rockets that are competitive and inexpensive, which is why Japan has garnered little market share.

If the revision in the law allows JAXA to award development contracts to private companies as they develop their own rockets and spacecraft, owned not by JAXA but by them, then we may see a change.

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SpaceX completes successful 6-second static fire test of Superheavy

11:28 am

screen capture during static fire test
Screen capture during static fire test

SpaceX today successfully completed a full 5-second static fire test of all 33 Superheavy Raptor-2 engines as well as the deluge system of the launchpad at Boca Chica.

The link goes to the live stream, which is still on-going. The static fire test occurs at about 42 minutes, if you wish to see it.

According to the narrators of the live stream, Elon Musk tweeted that the static fire was a success. It certainly appeared to go for the full five seconds, and it certainly appeared more robust than the previous test. We will have to wait however for confirmation that all 33 engines fired as planned.

The company clearly appears just about ready to do an orbital test flight. Too bad the Biden administration still stands in the way. There is yet no word on when the FAA will approve a launch license, and the decision of the Justice Department yesterday to file a bogus discrimination lawsuit against SpaceX strongly suggests the White House is working hard to figure out ways to squelch this private effort by an American citizen and his company.

Hat tip to Jay, BtB’s stringer.

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