Don’t get too excited: President Trump yesterday signed a new policy statement that basically follows the recommendations of his National Space Council aimed at reducing regulation of space commerce.
One section of the policy addresses launch licensing, requiring the Secretary of Transportation, who oversees the Federal Aviation Administration, to “release a new regulatory system for managing launch and re-entry activity, targeting an industry that is undergoing incredible transformation with regulations that have failed to keep up,” according to a White House fact sheet.
A second section deals with commercial remote sensing regulatory reform. “The current regulatory system is woefully out of date and needs significant reform to ensure the United States remains the chosen jurisdiction for these high tech companies,” the fact sheet states.
A related section calls on the Secretary of Commerce to provide a plan to create a “one-stop shop” within his department “for administering and regulating commercial space flight activities.” The Commerce Department had previously announced plans to combine the Commercial Remote Sensing Regulatory Affairs office with the Office of Space Commerce, giving the latter office that regulatory role for issues other than launch and communications.
The policy directs several agencies, including Commerce, the Office of Science and Technology Policy and the Federal Communications Commission, to develop a plan for “improving global competitiveness” of policies, regulation and other activities dealing with the use of radiofrequency spectrum for space activities.
A final section of the policy directs the National Space Council to review export control regulations regarding commercial spaceflight activities and provide recommendations within 180 days.
The policy closely follows the recommendations from the February meeting of the National Space Council. However, White House officials, speaking on background, said they don’t expect immediate changes as a result of the policy since many of the changes, like changes to regulations, will take months to implement through standard rulemaking processes. Some changes, the officials acknowledge, will require legislation to enact, such as authority to license “non-traditional” commercial space activities. [emphasi mine]
The highlighted text illustrates this is really just public relations and lobbying to get new legislation through Congress. Without that, little will change.
This directive however does carry one certain action we should all celebrate. The changes at Commerce eliminate the Commercial Remote Sensing Regulatory Affairs Office, where bureaucrats earlier this year claimed they had the power to license all photography of any kind from space, a power that allowed them to block SpaceX from using cameras on their rocket when those cameras showed the Earth in the background.
At the time I said that “If Trump is serious about cutting back regulation, he should step it now to shut this down.” Apparently, he has done so.
As for the other proposed regulatory changes, there are bills weaving their way through the labyrinth of Congress to address these changes. The House bill repeats most of the recommended changes of this policy directive. We have not yet seen a Senate version.
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