Space, regulation, the Outer Space Treaty, and yesterday’s Senate hearing

Yesterday the space subcommittee of the Senate Commerce committee held a hearing, organized by Senator Ted Cruz (R-Texas), entitled “Reopening the American Frontier: Reducing Regulatory Barriers and Expanding American Free Enterprise in Space.”

You can watch the hearing here. There have also been a number of stories last night and today that summarized the testimony during this hearing.

Having watched the full hearing, I think that most of these stories did not capture well the full political context and significance of yesterday’s event. They focused on Cruz’s advocacy for private space and the call for less and more streamlined regulation by the witnesses. They missed a great deal else.
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UAE and Algeria sign space accord

The space agencies of the United Arab Emirates (UAE) and Algeria have signed an agreement to enhance their collaboration in space.

The MoU defines a framework for collaboration in the peaceful use of space, in line with the UAE Space Agency’s strategic plans to enhance collaboration with international stakeholders in the sector. The MoU covers various aspects of the peaceful use of outer space, as well as collaboration in the fields of policy-making, regulations, space science, technology, and human capital development in the space sector.

I didn’t even know Algeria had a space agency.

European push for more space regulations under international law

In the European space community and governmental circles, there appears to be a new push to revise the Outer Space Treaty, focused specifically on increasing the treaty’s regulatory power in the area of large satellite constellations and space junk.

This week [the city of] Darmstadt hosts a closed-door, governmental meeting of the Inter-Agency Space Debris Coordination Committee (IADC). Whether it was planned or not, the IADC is set to discuss a much-needed renewal of international space law, which is, experts admit, rather vague. But how far they will go is anyone’s guess.

…There is a palpable sense that the space community needs enforceable international laws and regulations, rather than – or merely to bolster – its current inter-agency agreements. They’ve served us so far, but few countries have actually signed up to them. That leaves a lot of wriggle-room, especially as space becomes increasingly commercialized.

Most of our space activities are governed by the Outer Space Treaty of 1967. It’s a short document that primarily seeks to ensure space operations are “peaceful” and for the good of all humanity. It is complemented by other agreements, including a set of documents on mitigating space debris. “We have a good, coherent set of justified rules and we don’t intend to alter them drastically,” said Christophe Bonnal of the French Space Agency, CNES, and the International Academy of Astronautics (IAA) in closing remarks last week. “But we will improve them at the IADC meeting to include mega-constellations.”

It appears to me that this is a push-back against Luxembourg’s recent announcement that it is going to request a renegotiation of the Outer Space Treaty to allow for property rights in space. What this article is advocating instead is that the treaty increase its control and regulatory power over private satellite constellations, which at present are not covered by the treaty.

Refueling tests begin on Chinese test space station

China has begun the refueling tests between its first unmanned freighter, Tianzhou-1, docked to its test space station, Tiangong-2.

Refuelling tests began at 07:26 Beijing time on Sunday (23:26 UTC Saturday), monitored from the Beijing Aerospace Control Centre (BACC). The refuelling process involves 29 steps and will take five days to complete.

To allow refuelling to take place, the propellant tube and coupling components needed to be perfectly matched after docking, with a margin error of less than 1 millimetre, according to Tianzhou-1 deputy chief designer Chen Qizhong.

The mission involving the Tianzhou and Tiangong spacecraft was designed to prove on-orbit resupply and refuelling technologies and techniques necessary for safe, long-term operation of the Chinese Space Station, which will be permanently crewed by at least three astronauts.

“After refuelling is completed, the residual propellant needs to be drained off. In order to identify security issues during the draining process, it needs to go through a number of tests and verification,” Bai Mingsheng, chief designer of Tianzhou-1, told CCTV+

The article also provides a great deal of information on the station and the freighter.

Vector suborbital rocket test scrubbed

A suborbital test flight of Vector’s orbital rocket was scrubbed on April 6 when a sensor aborted the launch.

The next test flight is scheduled for May 3, after a test April 6 at the company’s test site near the Mohave Desert was scrubbed when a sensor caused an automatic abort, Cantrell said.

Engineers quickly determined the rocket was functional but the company decided not to launch after high winds kicked up. But the rocket is fine, he said, adding that failures are part of the testing process. “We blew a lot of stuff up, trust me,” he said.

The article is more focused on describing in detail the company’s overall status, its fund-raising effort, its future plans, its present operation. This tidbit about the test launch was buried in it. That the flight didn’t fly is not a bad mark on the company, at this point. However, they are under pressure to fly as soon as possible in order to demonstrate success, and delays work against them.

Airbus-Safran gets go-ahead to build first Ariane 6 test rocket

Capitalism in space: The European Space Agency (ESA) has given Airbus-Safran the go-ahead to build the first Ariane 6 rocket, which will be used for ground tests.

It is really important to recognize how this article illustrates the major things that have occurred in how Europe is builds its rockets. Note first that Arianespace is not mentioned at all, even though government bureaucracy has been in charge of ESA’s commercial business for decades. It is not in control any longer and is thus irrelevant. Note also that the design was created solely by Airbus-Safran, and that the only thing ESA did was approve it. The agency did not micromanage it, or revise it, or insist on changes, as would have been the case less than three years ago. Instead, it appears they essentially rubber-stamped it, leaving this work entirely to the private company, which in the end will operate and sell the rocket entirely for profit, while also providing ESA its needed launch vehicle.

At first glance, it appears that the ESA has adopted here the recommendations that I made in my policy paper, Capitalism in space:. In truth, they made these policy changes well before my paper was even written, which helps illustrates forcefully their universal correctness. If you want things built well and efficiently, you give people ownership of their work, you let them create it, and you get out of the way.

Or to use that forgotten word, you let freedom work its magic.

China’s first unmanned freighter successfully docks with test station

Tianzhou-1, China’s first unmanned space freighter, today successfully docked with that nation’s test station module, Tiangong-2.

Tianzhou-1, China’s first cargo spacecraft, which was launched Thursday evening from Wenchang Space Launch Center in south China’s Hainan Province, began to approach Tiangong-2 automatically at 10:02 a.m. Saturday and made contact with the space lab at 12:16 p.m.

The Tianzhou-1 cargo ship and Tiangong-2 space lab will have another two dockings. The second docking will be conducted from a different direction, which aims to test the ability of the cargo ship to dock with a future space station from different directions. In the third docking, Tianzhou-1 will use fast-docking technology. It normally takes about two days to dock, while fast docking will take only six hours.

This testing program by China is very well thought out. They are performing a whole range of docking tests, and they are doing it with an unmanned prototype station that well simulates the full scale station they eventually plan to build.

The Israeli finalist in the Google Lunar X-Prize is out of the running

The Israeli team for the Google Lunar X-Prize, one of the five finalists, can no longer win the race because its SpaceX launch will not take place before the end of the year.

SpaceIL, formed by veterans of the Israeli tech sector, will not be able to launch by the year-end deadline set by the race’s organizers, according to Spaceflight Industries, the space transport company hired to carry the team’s spacecraft on a Falcon 9 rocket launch it purchased from SpaceX.

A Spaceflight executive tells Quartz that SpaceIL’s rocket is still in the launch queue but will be unable to launch before 2018, effectively scotching SpaceIL’s chance at the contest barring a last-minute extension to the deadline.

The article does a nice job of summarizing the situation for all five finalists, all of which appear to have problems that could prevent them from flying before the deadline at the end of 2018. It also notes that an extension could also be granted, as has happened twice before.

France settles union dispute in French Guiana

The union strike that has stopped all Arianespace launches from French Guiana for the past month has been settled.

The article provides no details on the settlement itself. Instead, it outlines the company’s intention to complete all the scheduled launches they had planned for 2017.

Update: This story outlines the basic agreement.

It authorises an emergency relief plan of up to 2.1 billion euros, which includes funds for security, education, healthcare and business aid.

France had already approved 1.1 billion in aid for French Guiana at the beginning of April. The additional funds were offered to meet demands made by the collective and local representatives, who rejected the government’s initial offer.

France will prioritise the implementation of the spending plan, said Bareigts, who described the agreement as a “decisive day for the future of Guiana”.

Essentially, this is a payoff to the unions and group in French Guiana that organized the strike. I am sure a lot of the money will go for good purposes, but I am even more sure that a majority of it will simply end up in the pockets of the strike organizers, doing little to help the people of French Guiana themselves.

Trump signs commercial weather satellite bill

Capitalism in space: President Trump today signed the new law that strongly encourages NOAA to begin using privately acquired weather data.

Among the bill’s provisions is language formally authorizing the National Oceanic and Atmospheric Administration to purchase weather data from commercial satellite systems. The bill authorizes NOAA to spend $6 million a year in fiscal years 2017 through 2020 for a pilot program of data purchases to evaluate the effectiveness of commercial data to support weather forecasting.

NOAA has already started such a pilot program using $3 million appropriated to the agency in fiscal year 2016. In September 2016, NOAA awarded contracts to GeoOptics and Spire, with a combined value of a little more than $1 million, for GPS radio occultation data.

These are only baby steps. At this time NOAA’s bureaucracy views commercial space the same way that NASA did back in 2004: it is a threat and also incapable of doing the job. Since NOAA today, like NASA in 2004, has been unable to do the job very well itself, its ability to argue against private space is limited. Expect the pressure to build for NOAA to hand over more and more of its weather-gathering work to private companies.

How Russia’s next ISS module got contaminated

Russia’s next module for ISS, MLM or Nauka, has been delayed years because of the discovery of sawdust sized metal particles throughout the module’s propulsion system. This article describes how this happened, showing the incredibly incompetence and bad quality control that caused it.

At the time, workers at Khrunichev were cutting pipelines and removing other components of the module’s propulsion system, in order to reconfigure it from its original role as a backup to the Zarya FGB module into the MLM. For example, a set of six tanks, which would be used for refueling of the ISS during the FGB mission, were removed from the exterior of the spacecraft in order to make room for scientific instruments and for the attachment of the European Robotic Arm, ERA.

The official conclusion of the probe said that the contamination had stemmed from the “lack of methodological and technological support for the operations of cutting pipeline connections in the pneumatic and hydraulic system, PGS, which was needed to guarantee the meeting of requirements for ensuring the sterility of the internal cavities in the pipelines and system hardware.” It is essentially bureaucratic speak for letting metallic dust formed during sawing off the lines pour into the interior of the remaining components.

According to one legend circulating at GKNPTs Khrunichev, the workers who were sawing off pipelines from the module thought they were dismantling the entire spacecraft for scrap. That story would sound completely unbelievable if not for other almost as incredible incidents of carelessness, poor quality control and incompetence within the industry in recent years, such as the installing navigation sensors on a Proton rocket in the upside down position or loading a Block DM-03 space tug on another Proton with too much propellant.

Read the whole story. It is most revealing of the overall systematic problems within Russia’s aerospace industry.

China launches first unmanned freighter in test flight

China today successfully launched its first unmanned cargo freighter, Tianzhou-1.

After entering orbit, according to CCTV-Plus interviews with Chinese space officials, Tianzhou-1 is slated to conduct a first docking with Tiangong-2 in a few days. The two spacecraft will then have a two-month in-orbit flight to test the liquid-propellant refueling as well as the cargo spaceship’s control of the combined vehicles, CMSA officials said.

The two spacecraft will also fly separately for three months, during which time the cargo spaceship will complete its own space science experiments. Then the two will have the third docking to test the automatic fast-docking technology, a test to complete the docking within 6 hours.

This was also the second launch of their most powerful rocket, Long March 7, and the second launch from their new spaceport at Wenchang.

Private company builds high resolution space radar facility in Texas

Capitalism in space: A private company, Leo Labs, has built a high resolution space radar facility in Midland, Texas, aimed at providing satellite companies precise location information of their orbiting satellites as well as the space junk that might threaten them.

It is not clear from the article or the company’s webpage whether they are funded by the federal government or by private capital investment. Up until now this data has been routinely gathered by the U.S. military, though obtaining it has I think been somewhat difficult due to security concerns. It seems this company is trying to compete with the government in offering a better data stream that is also easier to obtain.

Posted over Poland during my return flight from Israel.

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.

Audit finds SLS unlikely to launch in 2018

A NASA audit has found that it is unlikely that the first SLS test flight will take place as scheduled in 2018, and that the first manned flight is also likely to be delayed from its 2021 launch target.

“NASA’s first exploration missions — EM-1 and EM-2 — face multiple challenges that will likely delay their launch,” the report states. The missions “are not likely to launch by 2018 or 2021, respectively,” it continues.

When might a crew launch? Hard to say.

The report says incomplete NASA information makes it “more difficult for both the agency and external stakeholders to gain a full understanding of the costs of that mission or to assess the validity of the agency’s launch date assumptions.”

If the first manned flight happens in 2023, as now expected, it means that it will occur 20 years after George Bush first proposed the Crew Exploration Vehicle (Orion) and the heavy lift rocket to put it into space. The total cost to fly this one mission will be approximately $43 billion.

Let me repeat that: $43 billion and 20 years to fly a single manned mission. Does no one in government see something wrong with this picture?

Posted from the West Bank settlement of Beitar Illit.

China launches advanced communications satellite

China today successfully launched an experimental communications satellite, outfitted to test the use of ion engine attitude thrusters as well as ground-to-orbit laser communications tests.

The article also outlines China’s busy launch schedule in April, which will include the launch and first test flight of their Tianzhou-1 cargo freighter. That flight will test the freighter’s ability to rendezvous and dock with their Tiangong-2 test space station module. This article notes that the freighter has been mounted on its Long March 7 rocket in preparation for launch in mid-April.

Posted in the air, now past Nova Scotia and moving into the Atlantic.

I must say that I am very glad to get out of Newark Airport. Though they have recently upgraded the airport, they have done so at the cost of providing affordable services to the traveler. All the restaurants there are very over-priced, and provide tiny portions. I actually ended up eating two dinners at two different restaurants in order to get enough food, and paid almost $40 for the pleasure. In addition, the tip was automatically added to the bill. I had no choice about that, even though the service was routinely bad. (They had installed tablets at every table so that you could order by computer. Getting a waiter to provide water however was practically impossible, and when I did get one they were slow to bring it.)

In addition, there were no fast food restaurants, which I normally avoid but would have been a far better choice in this case.

Newark is part of the New York urban area, a decidedly leftwing Democratic enclave. Thus, I am not surprised that things there cost too much, provided poor service, and also provided few choices.

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.

Turkey moves to create its own space agency

The new colonial movement: A draft bill to create a Turkish space agency has been introduced in that country’s parliament.

The Turkish Space Agency, according to the draft bill, will also be in charge of coordinating, managing, and operating all satellite requirements, design, manufacture, launch, and operations in Turkey, as well as coordinating private Turkish industries towards those goals. Jane’s Defence Weekly reports that the draft bill for the Turkish Space Agency has previously been held up for years due to a dispute between the Turkish military and several Turkish administrations as to who should be the lead within the agency. The draft bill in front of parliament suggests that the military have lost that argument, doubtless because of the aftermath of the July 2016 attempted coup, and instead it will take the lead on technical issues rather than policy and strategy.

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.

Sweden delivers science instrument for Chinese lunar probe

The new colonial movement: The Swedish Institute of Physics has completed construction and delivered a science instrument to be flown on China’s Chang’e 4 spacecraft that will bring an orbiter, lander, and rover to the Moon’s far side in 2018.

The instrument will be installed on the rover, and will study the surface and how it interacts with the solar wind. This will also be a continuation of research performed by India’s Chandayaan-1 orbiter.

Soyuz returns ISS crew to Earth

A Russian Soyuz capsule safely returned three astronauts to Earth this morning.

This completes the second flight of the Soyuz-MS upgraded capsule.

The new MS series sports more efficient solar panels, a new Kurs NA approach and docking system weighing less than half that of its predecessor, additional micro-meteoroid debris shielding, and a modified docking and attitude control engine – which will add redundancy during docking and deorbit burns.

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?

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