U.S. space law versus UN Outer Space Treaty

In its effort to provide legal protections to private companies attempting to do asteroid mining, it appears that the U.S.’s most recent space law directly contradicts the UN Outer Space Treaty.

The United States recently passed a law that contains an article that directly concerns asteroid mining and legalizes it. This law is the Commercial Space Launch Competitiveness Act (CSLCA), which was signed into law by President Obama in 2015. The CSLCA addresses resource extraction in Article IV, and states, “A U.S. citizen engaged in commercial recovery of an asteroid resource or a space resource shall be entitled to any asteroid resource or space resource obtained, including to possess, own, transport, use, and sell it according to applicable law, including U.S. international obligations.”

The issue here is that US law is in opposition to a UN treaty, to which the US is a signatory. The Outer Space Treaty is one of the oldest and most important agreements in the history of international space policy. Under the Outer Space Treaty, asteroid mining is illegal, since it is an appropriation of a celestial body by a State. Since the human being or organization that is doing the resource extraction is under the purview of some State, that State is responsible for the actions that are done by the nationals or organizations that are doing the mining.

This responsibility was given to the State by the sixth article of the OST and is strengthened by the Liability Convention of 1972. Since the State is responsible and liable for the actions done by their nationals, this means that the State could be interpreted as appropriating the asteroid.

I am surprised and encouraged to see two different articles about the problems of the Outer Space Treaty appear in the press less than a week after my op-ed on the very subject. I am sure there is no connection, other than the subject is increasingly topical, and others are recognizing the same things I am. Still, that these stories are appearing suggests that the chances are increasing that something will finally be done to either change or abandon the treaty.

Luxembourg rejects proposed space legislation because of Outer Space Treaty

Luxembourg’s legislature has rejected a proposed space regulatory framework because it did not address the legal restrictions on property rights imposed by the United Nations Outer Space Treaty.

Schneider, the deputy prime minister and minister for economy, presented a bill whose objective was to set a legal framework and give legal security to the property of minerals and other valuable resources in space, in particular on asteroids, and to regulate the authorisation and surveillance of both exploration and mining missions.

In a formal opinion published on 7 April, the council noted that private property claims are illegal or at least not legally binding in most of the international treaties and agreements relating to space and celestial bodies.

Neither the UN treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies of 1967, nor the agreement governing the activities of states on the moon and other celestial bodies of 1979 (which was not ratified by Luxembourg) answer the question of private property of space resources.

What is most important here is that the Luxembourg government now intends to “to ask for a revision of the question of property in the Outer Space Treaty.” As I said in my op-ed in The Federalist on Monday, nations are increasingly recognizing that the Outer Space Treaty is a problem for property rights, and needs to be revised. Otherwise, private development will be difficult if not impossible.

Japan aims for record 8 launches in 2017

Capitalism in space: If all goes as planned, Japan plans to launch a record of eight launches in a single year in 2017, partly because they will begin launch that nation’s own GPS satellite constellation.

Most of these satellites are government launches. Still, the number and in increase in launch pace indicates that Japan does not wish to be left behind in the increasing competition within the launch industry.

First Falcon Heavy side first stage ready for initial tests

Capitalism in space: SpaceX prepares for first Falcon Heavy launch this fall, with the first side stage ready for its first hot fire static tests while the company prepares the launchpads.

They need to finish repairing the launchpad damaged in the September 1 explosion so that the Falcon 9 can once again launch from there. Once this is done, they have an estimated sixty days of additional work to do with the Falcon Heavy pad. It is expected the switch back to the old pad will take place by August. meaning that the first Falcon Heavy launch will likely happen no earlier than October.

Posted while in the air over Nova Scotia on the way to Israel.

Eric Church – Kill A Word

An evening pause: The song’s sentiment, that one should speak with care, I endorse heartily. One should always have the right, however, to say harsh things, if only because sometimes harsh things must be said. It is a shame that too many people in today’s culture think instead that they have the right to preemptively silence such speech, because it might offend someone.

Hat tip Joe Griffin.

Aerojet Rocketdyne trims and reorganizes workforce

Capitalism in space: In an effort to reduce costs and increase efficiency Aerojet Rocketdyne is cutting approximately 300 jobs while closing facilities in California and Virginia.

Rancho Cordova’s nearly 70-year run as a hub of the aerospace industry will soon end. On Monday, Aerojet Rocketdyne Inc. announced that it would relocate or eliminate about 1,100 of its 1,400 local jobs over the next 2 1/2 years and shut down manufacturing operations in the area. The company also said it would close its facility in Gainesville, Va.

Rocket engine manufacturing will be consolidated in a new plant in Huntsville, Ala. In all, 800 jobs will be added in Huntsville by the end of 2018.

The company is faced with stiff competition from Blue Origin and others, and until now has resisted changing its methods of operation, which in the past relied on generous government contracts that were uninterested in lowering costs. That world appears to be ending, and so it appears that the Aeroject Rocketdyne is finally changing as well. This is a good thing, as it increases the chances that the company will survive.

ULA slashes launch prices for Atlas 5

Capitalism in space: In order to compete with SpaceX ULA announced this week that it will cut its launch price for the Atlas 5 rocket by one third.

United Launch Alliance has dropped the price of its workhorse Atlas 5 rocket flights by about one-third in response to mounting competition from rival SpaceX and others, the company’s chief executive said on Tuesday. “We’re seeing that price is even more important than it had been in the past,” Tory Bruno, chief executive of United Launch Alliance, or ULA, said during an interview at the U.S. Space Symposium in Colorado Springs. “We’re dropping the cost of Atlas almost every day. Atlas is now down more than a third in its cost,” Bruno said.

It appears that they have discovered that the prime reason they lost their bid of an Air Force GPS satellite launch to SpaceX was because their price was too high.

Air Force willing to use re-used Falcon 9 first stages

Capitalism in space: The head of the Air Force’s space division said yesterday that they would be willing to launch satellites using Falcon 9 used first stages.

“I would be comfortable if we were to fly on a reused booster,” General John “Jay” Raymond told reporters at the U.S. Space Symposium in Colorado Springs. “They’ve proven they can do it. … It’s going to get us to lower cost.”

Suborbital promises

Capitalism in space: Two stories today highlight the contrasts that presently exist within the still unborn suborbital tourist industry:

In the first, Richard Branson made another one of his bold predictions, the same kind of prediction he has been making about Virgin Galactic now for almost a decade. Again and again he claims, based on nothing, that his spaceship will be carrying people into orbit in mere months. It never happens. It won’t happen here.

In the second, Jeff Bezos announces that he hopes to fly people on his New Shepard suborbital spacecraft by 2018, but at the same time he also announces that the program is delayed.

Bezos, speaking in front of the company’s exhibit at the 33rd Space Symposium here that features the New Shepard propulsion module that flew five suborbital spaceflights in 2015 and 2016, backed away from earlier statements that called for flying people on test flights later this year. “We’re going to go through the test program, and we’ll put humans on it when we’re happy,” he said. “I don’t think it’s going to be 2017 at this point. It could be.”

Bezos has been very careful, from the beginning, to make no bold or specific predictions about when his spacecraft will fly manned. Here, he is once again making it clear that any previously announced schedules were very tentative, and should not be taken too seriously.

Which person would you trust with your life on a suborbital flight?

ULA prepares to choose engine for Vulcan

Capitalism in space: ULA’s CEO Tory Bruno announced at a space conference this week that should Blue Origin’s BE-4 engine pass its testing phase his company will be prepared to select it for their Vulcan rocket.

Bruno also said that no decision has yet been made, and that Aerojet Rocketdyne’s AR1 engine remains an option, though it is 18 to 24 months behind in development.

Orbital ATK developing new rocket

Capitalism in space: Orbital ATK is developing a new rocket, based on the solid rocket technology it provided for the space shuttle, to compete with SpaceX and ULA.

Two versions of the rocket are planned. The medium-lift variant will have a two-segment, solid-fuel first-stage motor and a single-segment, solid second. The heavy lifter will have a four-segment first stage and a single-segment second. Both versions can be outfitted with strap-on boosters for extra lift capacity, Orbital representatives said.

To complete the rocket’s development the company says it needs to win a follow-up contract that the Air Force has been issuing to help ween the U.S. from the use of Russian rocket engines.

ULA reduces workforce at Vandenberg

Capitalism in space: In an effort to save costs ULA is reducing its workforce at Vandenberg by 48.

The company has been aggressively trying to streamline its operations to better compete against SpaceX. This reduction was expected, and based upon what I saw when I toured Vandenberg a few years ago, entirely justified. While SpaceX’s operations then looked lean and simple, ULA’s set up appeared a bit inefficient.

ULA gets three launch contracts

Capitalism in space: ULA last week won three launch contracts, two from the Air Force and one from NASA.

Both rockets are part of the existing EELV Block Buy between the Air Force and United Launch Alliance. The mission assignments were announced Friday by the Pentagon. The missions exceed the lift performance of the SpaceX Falcon 9 rockets that has been certified by the Air Force for national security payloads, making ULA the only provider available to execute these heavy launches.

In other government-launch news, NASA said last month that the second satellite in the next-generation era of U.S. civilian weather observatories will be launched atop an Atlas 5-401 rocket. The Atlas 5 beat out the Falcon 9 in a competition to win the rights to launch the Joint Polar Satellite System spacecraft No. 2 in 2021 from Vandenberg Air Force Base.

For SpaceX to truly compete with ULA they need to get the Falcon Heavy flying.

Russia responds to SpaceX reused booster success

A bunch of stories from Russia today appear to express that country’s political response to SpaceX’s success yesterday in launching a commercial satellite using a previously flown first stage.

It appears that these stories are quoting a variety of Russian officials who apparently did not get their stories straight. Also, it appears that much of what they are saying here is pure bluster. For example, in the third link the official makes the silly claim that the ability of their rocket engines to be started and then restarted repeatedly proves they are dedicated to re-usability. And the first two links don’t provide much back-up for the claims that they can complete with SpaceX, especially since SpaceX presently charges a third less than they do per launch, and that is using new boosters. With reused boosters SpaceX’s launch fees will be less than half what Russia has been charging for a Proton launch ($90 million vs $40 million).

Similarly, the claim that they will complete 30 launches this years is absurd. They won’t be able to launch Proton until May, at the soonest, because of the need to remove defective parts from all of their in-stock engines. Soyuz launches are similarly delayed while they check its engines also. To complete 30 launches in only seven months seems very unrealistic to me, especially since the best they have done in a full year this century is 34 launches, with an average slightly less than 30 per year.

Nonetheless, this spate of stories and statements by Russian officials shows that they are feeling the heat of competition, and also feel a need to respond. The first story has this significant statement:

Russia’s State Space Corporation Roscosmos is responding to the challenges with available possibilities, he added. “It has announced a considerable reduction in the cost of Proton rocket launches. The commercial price of this rocket’s launch is considerably higher than its prime cost and we have the potential for the price cut. But customers are giving up our services because the number of payloads [satellites] remains unchanged and does not grow. Correspondingly, a new player on the market snatches away a part of orders,” the expert noted.

Because of Russia’s low labor costs they have always had a large profit margin on their Proton launches. The $90 million they charged was set just below what Arianespace charged for its launches. It appears they are now planning to lower their prices further to match SpaceX.

Posted from the south rim of the Grand Canyon.

First Falcon Heavy demo launch to include two used boosters

The competition heats up: SpaceX plans to use two already flown first stage boosters when it does its first demo flight of Falcon Heavy later this year.

Musk said the rocket cores for Falcon Heavy’s first flight are two to three months away from completion. He emphasized that the first launch will carry a lot of risk, and as such, SpaceX doesn’t plan to carry a valuable payload or payloads with it. “We will probably fly something really silly on Falcon Heavy because it is quite a high risk mission,” he said.

SpaceX will seek to recover all the boosters from the first Falcon Heavy flight, assuming all goes according to plan. Musk said the two side boosters would land back at Cape Canaveral Air Force Station, followed by the center core returning to a drone ship in the Atlantic.

They will also try to recover the upper stage, but are not hopeful this will succeed. The article also notes that they hope to fly an additional four used boosters in 2017. SES is eager to use them on its three scheduled flights this year.

The company has also said that the booster that was successfully reused this week will not fly again, but will instead be put on display in Florida.

Posted from the south rim of the Grand Canyon.

SpaceX recovers fairing of upper stage of Falcon 9

The competition heats up: Even as SpaceX made history yesterday in its successful use and recovery of a used first stage, it also recovered for the first time the fairing that protected the satellite.

For the first time, SpaceX also recovered the payload fairing, the conical shaped structure on top of the rocket that surrounds and protects the spacecraft during launch. The fairing separates from the spacecraft in two sections during the launch sequence — in this case, 3 minutes and 49 seconds after launch — and usually falls into the ocean and breaks into pieces. SpaceX outfitted these two fairing sections with parachutes so they could be recovered, which apparently will become standard practice.

Musk also indicated that they are now going to begin an effort to recover the second stage. “What’s the worst that could happen? It blows up? It would anyway.”

Rush – Countdown

An evening pause: The video focuses on a shuttle launch, but I think the words apply to all launches, and especially to those that break new ground.

Excitement so thick you could cut it with a knife
Technology…high, on the leading edge of life

Hat tip Commodude.

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