FAA approves next three Starship test flights with prototype #15

Capitalism in space: In a statement today the FAA announced that it has approved next three test flights of SpaceX’s Starship prototype #15.

From the statement:

The FAA has authorized the next three launches or the SpaceX Starship prototype. The agency approved multiple launches because SpaceX is making few changes on the launch vehicle and relied on the FAA’s approved methodology to calculate the risk to the public. The FAA authorized the launches on Wednesday, April 28.

This likely means that SpaceX will try a flight tomorrow.

Starship prototype #15 completes 2nd static fire test, waits FAA approval for flight

Capitalism in space: SpaceX’s 15th Starship prototype completed its second static fire test in three days yesterday, and is presently poised to do its first test flight.

The scheduled road closures in Boca Chica suggest that they are aiming for either April 30th, May 1st, or May 2nd. However, it also appears they are awaiting FAA approval, which could be why they did a second static fire test. They can’t fly so rather than do nothing they reconfigured that second static fire to test the landing burn.

Musk returned to Twitter to state that this was a header tank test and that all looked good. This could mean Monday’s test was a launch static fire while Tuesday’s test was more of a landing burn static fire as the header tanks are used to supply landing propellants.

It also appears that SpaceX has had its flight application sitting at the FAA for about a week, with no action. Thus, it is the federal bureaucracy that appears to be slowing things down at this moment.

Starship prototype #15 readying for flight, possibly tomorrow

Starship #15 on launchpad
Screen capture from Labpadre launchpad live stream.

Capitalism in space: SpaceX’s 15th prototype of its Starship upper stage, is preparing to do a static fire test today, with its first test flight possibly as soon as tomorrow, though at present the FAA has not given its approval.

They have done tank tests already, and installed three upgraded Raptor engines yesterday. This spacecraft is a major upgrade from the previous prototypes, and SpaceX probably plans to eventually fly it higher and farther than the previous prototypes. Though no details about those flight plans has yet been released, the first flight will almost certainly repeat the previous flights, going up about ten miles, flipping sideways to simulate a controlled atmospheric descent, and then uprighting itself and landing vertical on the landing pad. Hopefully the upgrades will result in the first truly clean landing with this prototype.

Though the FAA under the Biden administration has seemed eager to flex its bureaucratic muscles and slow development, that NASA has chosen this vehicle as the one that will take astronauts to and from the Moon will put pressure on it to not slow things down too much.

FAA says it will “lead” investigation into Starship #11 crash yesterday

They’re coming for you next: The Federal Aviation Administration (FAA) announced today that it will “oversee” the investigation into the crash at landing yesterday by SpaceX’s eleventh Starship prototype.

The Federal Aviation Administration, which had an inspector at SpaceX’s facilities to observe the test flight, said in a statement that the FAA will oversee the company’s investigation into the “prototype mishap.” The FAA has conducted similar mishap investigations after previous Starship test flights. “The [Starship] vehicle experienced an anomaly during the landing phase of the flight resulting in loss of the vehicle,” an FAA spokesperson said. “The FAA will approve the final mishap investigation report and any corrective actions SpaceX must take before return to flight is authorized.”

The FAA noted that it will also work with SpaceX to identify reports of light debris in the area, saying that there have yet to be any reported injuries or damaged to public property.

What will really go on here is that an FAA official will observe closely as SpaceX conducts the investigation. That official might have some background in space engineering, but he or she will be completely unprepared to actually lead the investigation. Thus in the end the FAA will really only be able to rubber stamp SpaceX’s conclusions, though it might as all governments do, demand its own pound of flesh before issuing that stamp.

Up to now the FAA has tried very hard to work with the new commercial space companies, especially SpaceX, doing as little as it can to impede their progress. There are strong signs however that this might now change with the Democrats in control of the White House and Congress. If so, expect the FAA to cause SpaceX some grief during this investigation, grief that could significantly delay further test flights.

Congress taking aim at SpaceX and Starship testing

They’re coming for you next: The Democratic Party leaders on the House committee that normally does not overseer the FAA’s commercial space office have now raised their concerns about the recent test flights of SpaceX’s new rocket, Starship, in particular demanding an investigation into the flight of prototype #8, which the FAA claims had occurred despite one FAA issue.

The latest version of SpaceX’s FAA launch license for the Starship suborbital test flight program, issued March 12, allows those test flights to take place “only when an FAA Safety Inspector is present at SpaceX’s Boca Chica launch and landing site.”

The change stemmed from an investigation into SpaceX’s violation of that launch license during the SN8 test flight in December. SpaceX proceeded with the flight despite the FAA determining that the flight profile exceeded the maximum allowed risk to the uninvolved public for “far field blast overpressure” in the event of an explosion. While the SN8 vehicle exploded upon landing, there were no reports of damage outside of the SpaceX test site.

FAA directed SpaceX to investigate the incident, delaying the flight of the next Starship prototype, SN9. That investigation included “a comprehensive review of the company’s safety culture, operational decision-making and process discipline,” the FAA said in a Feb. 2 statement.

The FAA cleared SpaceX to proceed with launches, with SN9 and SN10 launching and landing — and both exploding upon or shortly after landing — on Feb. 2 and March 3, respectively. Neither caused any damage outside of the SpaceX test site.

The FAA’s response to SpaceX’s launch license violation, including the lack of any penalties beyond the investigation, prompted criticism from two key members of Congress. In a March 25 letter to FAA Administrator Steve Dickson, Reps. Peter DeFazio (D-Ore.) and Rick Larsen (D-Wash.) sought to “register our concerns” with the incident. DeFazio is chair of the House Transportation Committee and Larsen the chair of its aviation subcommittee.

Much of these claims about the flight of prototype #8 however only appeared to become a significant concern after the Biden administration and the Democrats took power in January. Prior to that the FAA did not seem very troubled by that flight. In fact, the so called risk, “far field blast overpressure,” seems very contrived, especially since we have now had four Starship crashes on its landing pad, with no evident damage to even SpaceX’s own equipment nearby. Prior to January 20th the FAA was untroubled. After January 20th it suddenly became a deadly issue requiring stricter supervision by the government, though what that FAA inspector on sight can do or even know about the launch is baffling.

What these Democrats really don’t like is that someone is freely accomplishing something without their supervision or control. Like mobsters looking to exhort money, they are essentially telling SpaceX, “Nice business you got here. Sure would be a shame if something happened to it.”

With today’s fourth Starship crash, expect the Demorats in Congress now to swarm like flies over manure, all aimed at shutting down the most innovative new American space company in decades.

FAA bureaucrats block SpaceX Starship test flight

Capitalism in space? It is now confirmed that the test flight of SpaceX’s ninth prototype of its Starship rocket was scrubbed because of the FAA’s refusal to approve the license. To quote the FAA:

We will continue working with SpaceX to resolve outstanding safety issues before we approve the next test flight.

Typically vague bureaucratic language. There is no word on why the government did this. The flight of Starship prototype #8 proved SpaceX has full control over its vehicle, to the point they could put it down right on target. Why the FAA should now suddenly get cold feet is inexplicable.

There is one difference between now and the December 9th flight of Starship prototype #8. Then the president was Republican Donald Trump, and the Senate was controlled by the Republicans. Now the president is Democrat Joe Biden, and both houses of Congress are in Democratic Party control. It would not surprise me in the least if some Biden officials called the FAA and demanded they impose stricter safety restrictions on SpaceX, and that they did so at the very last minute.

Or to put it another way, someone in the Biden administration essentially wanted to tell SpaceX, “Nice rocket company you got here. Sure would be a shame if something happened to it.”

Momentus forced to delay its first mission due to FAA bureaucrats

Capitalism in space? Momentus, aiming to provide satellite makers a tug that can move satellites to their preferred orbit, has delayed its first mission because the many bureaucrats in the federal government need more time to review the paperwork.

In a Jan. 4 statement, Momentus said the flight of its first Vigoride tug, which was to be part of the payloads on a Falcon 9 dedicated rideshare mission launching as soon as Jan. 14, will be delayed to later in the year because it was unable to get approval from the Federal Aviation Administration for the mission. “This move will allow for the additional time necessary to secure FAA approval of Momentus’ payloads, including completion of a standard interagency review,” the company said in a statement.

The company did not elaborate on that review, but part of the FAA commercial launch licensing process is a review of the payload that the agency describes as intended “to determine whether its launch would jeopardize public health and safety, safety of property, U.S. national security or foreign policy interests, or international obligations of the United States.” That process can include consultation with other government agencies.

In a Jan. 5 document filed with the Securities and Exchange Commission in the form of an interview, Fred Kennedy, president of Momentus, said there was no specific issue that was delaying that review. “The FAA did not express any specific concerns of its own, but rather indicated that more time was needed to complete its interagency review of Momentus’ payload,” he said. [emphasis mine]

The highlighted words reveal the truth. There is nothing wrong with the payload or its tasks. The problem is that several government agencies have not completed the paperwork, and so Momentus must wait. I imagine that there is a thick application sitting on some bureaucrat’s desk, requiring a signature, and that bureaucrat has been too busy collecting his or her paycheck at home because God forbid he or she might get the cororavirus by coming into work.

This is modern America. You don’t have the real freedom to do what you want. You must sit, twiddling your thumbs, while your betters in Washington decide whether they will allow you to do it. It doesn’t matter they know little or nothing about your goals. All that matters is that they are in charge, and can boss you around at their whim.

Regulators coming after SpaceX’s Boca Chica facility and Starship

Capitalism in space? New FAA documents suggest that government regulators are not happy with the rapid and spectacular development by SpaceX of its Super Heavy/Starship rocket at Boca Chica, Texas, and are eager to impose restrictions and delays.

The issue revolves around revisions to SpaceX’s original FAA approval for its work at Boca Chica because the company has switched from flying Falcon 9 and Falcon Heavy rockets to developing and flying Starship and Super Heavy. While the FAA has been cooperative in issuing the necessary revisions, other agencies have raised red flags.

But the most important document of the bunch is the written reevaluation signed by the FAA on May 22. The file spans 26 pages, was required for SpaceX to receive its suborbital launch license from the FAA on May 28, and incorporates concerns from state and federal environmental agencies.

In the reevaluation, the Texas Parks and Wildlife Department and the US Fish and Wildlife Service took issue with several aspects of SpaceX’s plans and ongoing activities. Those criticisms targeted the “fluid nature” of the company’s construction projects, excessive road closures to Boca Chica Beach (which Brownsville locals prize), around-the-clock work that may affect nocturnal threatened or endangered species, prototype explosions, and sprawling wildfires the company has triggered.

The FAA responded to each concern in the document, ultimately determining “there are no significant environmental changes, and that all pertinent conditions and requirements of the prior approval have been met or will be met” with SpaceX’s suborbital test-flight plans.

However, SpaceX does not yet have the FAA’s go-ahead to launch any Starships to orbit from Boca Chica.

In its replies to concerns noted by other agencies — some of which call for a new EIS [environmental impact statement], which could take years to complete (an eternity in Musk time) — the agency repeatedly noted it is working with SpaceX to draft an “environmental review” of those plans.

Should Joe Biden and the power-hungry and controlling Democrats take control of the executive branch of the federal government, expect the FAA’s desire to help SpaceX to quickly end.

FAA releases new commercial space licensing rules

The FAA today released its new streamlined commercial space licensing rules, aimed at simplifying the process for launch companies. According to the press release,

The new rule consolidates four regulatory parts and applies a single set of licensing and safety regulations for all types of vehicle operations. It also provides flexibility for operators to meet safety requirements. The rule improves efficiency by encouraging launch and reentry operators to suggest and implement design and operational solutions to meet the regulatory standards.

You can read the rule here [pdf].

Though it appears the FAA and the Trump administration truly wish to streamline this licensing process, it is not clear yet that these new rules do it. Some aspects, such as the rule that allows a single license to cover multiple launches, appear effective. The effect of others however remains murky. I would love to get feedback from anyone in commercial space directly impacted by these new rules. Are they as good as the FAA claims?

FAA issues Wallops Island launch license to Rocket Lab

Capitalism in space: The FAA has now issued a five year launch license to the smallsat rocket company Rocket Lab, allowing them to launch their Electron rocket from the company’s launch site on Wallops Island, Virginia.

The Launch Operator License allows for multiple launches of the Electron launch vehicle from Rocket Lab Launch Complex 2, eliminating the need to obtain individual, launch-specific licenses for every mission and helping to streamline the path to orbit and enable responsive space access from U.S. soil.

The company hopes to do its first launch from the U.S. before the year is out. It will then have two spaceports, allowing it to double its launch rate.

FAA gives Rocket Lab an umbrella 5-year launch license

Capitalism in space: The FAA has awarded the smallsat launch company Rocket Lab a 5-year launch license, allowing it to streamline its regulatory process so that it can up its launch pace.

Rocket Lab has received a new five-year Launch Operator License from the Federal Aviation Administration, which grants it permission to do multiple launches of its Electron rocket from its LC-1 launch site in New Zealand without having to seek individual clearance for each one. While not the only limiting factor, this should help Rocket Lab increase the frequency of its launches from LC-1, servicing more customers more often for commercial small satellite customers.

While Rocket Lab has yet to achieve its goal of launches every two weeks, or even one per month, this license should at least remove one obstacle.

Senate appropriations bill slams new commercial space regulations

In releasing its report yesterday on the Senate’s appropriations bill for transportation and housing, the Senate appropriations committee has demanded the FAA’s review and revise its proposed new regulations for commercial space, intended originally to streamline the red-tape but instead increased it. From their report:

Prior to drafting the rulemaking, the FAA convened an Aviation Rulemaking Committee [ARC] consisting of both traditional and emerging commercial space companies. However, the draft rule does not include relevant language approved by a majority of ARC members, and as a result, the proposed rule fails to implement a streamlined and performance based approach to regulating an industry whose continued growth and innovation is critical to national security and civilian space exploration. The draft rule creates unnecessary barriers to entry for new companies, may prevent many operators from achieving or maintaining flight rates and cost efficiencies to support new space applications and markets, and fails to address the application of the regulations to future space port locations. The Committee encourages the FAA to reconvene the Streamlined Launch and Reentry Licensing Requirements ARC and consider a supplemental NPRM prior to issuing a final rule in order to meet an artificial deadline. [emphasis mine]

It appears the FAA has agreed to review the regulations, as demanded.

I found it amusing that the entire appropriations bill is dubbed THUD, for “Transportation/Housing and Urban Development”. Though this acronym choice had nothing to do with the FAA’s space regulation debacle, it certainly seems most appropriate.

Washington’s spectacular effort to crush the American space effort

Three stories today illustrate once again the incompetence, idiocy, and inability of practically anyone in our federal government to get anything done sanely and efficiently and with success.

In the past half century that federal government has saddled the American people with a debt that is crushing. In that time it has also failed to do its job of properly enforcing the law to control the borders. It has spent trillions on social problems, only to have those social problems worsen exponentially.

I could go on. The problems imposed on American society by our failed ruling class in Washington since the 1960s is myriad. In the area of aerospace and space exploration, my specialty, the following three stories today alone demonstrate again that continuing track record, with no sign that anyone in Washington recognizes how bad a job they are doing.

First we have incompetence and idiocy by Congress. The first story outlines how our sainted lawmakers have mandated by law that the Europa Clipper mission to Jupiter’s moon must fly on NASA’s SLS rocket and “launch no later than 2023.”

This legal requirement, written into the appropriations bill, was imposed because the SLS project is being managed from Alabama, and Senator Richard Shelby (R-Alabama) wants that rocket to get some work to justify this pork to his state. The requirement was further pushed by former Texas Congressman John Culbertson, who has a special place in his heart for Europa, and has specifically imposed that mission on NASA.

Shelby’s demand is especially egregious and makes little sense. First, even after twenty years of effort, NASA will likely not have that rocket available in 2023. Second, the cost to use SLS is about $4 billion per launch (not the fake $1 billion number cited in the article). A Falcon Heavy rocket could do the job for $100 million, which would more than pay for the extra operating costs incurred because it will take the three more years to get to Jupiter.

To deal with this conflict, NASA is presently doing as much lobbying as it can to get Congress to change the time limit, or to allow them to fly the spacecraft on a Falcon Heavy. Not surprisingly, Congress is resisting, even though their position makes no sense and will likely cost the taxpayer billions unnecessarily while likely delaying or even impeding the mission itself.

The article as usual for the mainstream press is filled with misconceptions and errors that are all designed to make any change in this Congressional act seem a mistake. These mistakes were all fed to the reporter by the powers in and out of Congress who oppose changing things, and the reporter sadly was not informed enough to realize this.

Next we have the incompetent and power-hungry federal bureaucracy, as described in the second article.
» Read more

Bill increases funding to FAA space office, adds other provisions

A bill about to be approved by Congress increases funding to the FAA Office of Commercial Transportation while also requiring that office to create several new regulatory positions.

The bill authorizes a significant increase in spending for the FAA’s Office of Commercial Space Transportation, or AST, from the $22.6 million it received in fiscal year 2018 to a little more than $33 million in 2019, growing to nearly $76 million in 2023. Appropriators, though, have not matched that authorized increase for 2019, with House and Senate versions of spending bills funding the FAA offering just under $25 million for AST.

The reauthorization bill includes several policy provisions associated with commercial spaceflight as well. One would require the FAA to designate an official within its air traffic organization to serve as the single point of contact for working with the head of AST on airspace issues associated with commercial launch activity.

Another provision establishes an “Office of Spaceports” within AST intended to support commercial licensing of launch sites and develop policies to promote infrastructure improvements at such facilities. It also requires AST to develop a report within one year of the bill’s enactment on spaceport policies, including recommendations on government actions to “support, encourage, promote, and facilitate greater investments in infrastructure at spaceports.” It directs the Government Accountability Office to prepare a separate report on ways to provide federal support for spaceports.

The bill creates a category of commercial spaceflight vehicles known as “space support vehicles” that cover parts of launch vehicles systems flying for other purposes, such as training or testing. Such vehicles would include the aircraft used by air-launch systems. The bill allows commercial flights of space support vehicles without the need for a full-fledged airworthiness certificate from the FAA.

It is hard to say if these provisions will help or hurt the growth of commercial space. It does appear that Congress’s goal was to help, but their methods always include more spending and greater bureaucracy.

The article also reviews a number of bills not yet agreed to by Congress that would address the regulation of Earth observation satellites as well as satellite servicing. It quotes a number of industry experts supporting the laws being proposed, but once again, it is unclear if those laws would help or hurt. My previous review of one of these laws presently working its way through the House was decidedly mixed. It will clarify and simplify many of the regulatory problems that presently exist, while creating more bureaucracy.

House passes law reforming commercial space licensing rules

The House yesterday passed a new law to reform the commercial space licensing rules.

Essentially, the bill shifts a majority of commercial space regulation to the Department of Commerce, and matches somewhat closely the recommendations being put forth by the Trump administration.

The bill appears to be almost identical to the version I analyzed in great detail in an op-ed for The Federalist last year. It has the same positives and negatives. While it definitely aims at simplifying the licensing process for space (abolishing such agencies as NOAA’s Office of Commercial Remote Sensing Regulatory Affairs that recently tried to claim it had the right to license all photograph of Earth from space.), it does not appear to completely make Commerce that “one-stop shop” for all licensing, allowing the FAA and FCC to retain their space licensing responsibilities. Moreover, it appears, as I noted in my op-ed, to avoid the more essential legal problems, such as the Outer Space Treaty, that hamper private space today and will hamper private space even more in the future.

Regardless, it does appear that the turf war over licensing between Commerce and the FAA is over. Though the law still must get through the Senate, it does appear that Commerce has mostly won. It will get the majority of this bureaucratic bauble. What that bureaucracy will do with it, however, is the real question.

FCC upset FCC not included in National Space Council

Turf war! The FCC commissioner today questioned the omission of an FCC representative on Trump’s reborn National Space Council.

Commissioner Jessica Rosenworcel said April 17 that the Federal Communications Commission “needs to coordinate more closely with other federal authorities” as it navigates through new space activities. “Right now the National Space Council is considering policy changes to help promote the growth of the commercial space industry,” she said. “Their efforts encompass everything from streamlining licenses to reforming export controls, protecting airwaves, to facilitating space activities … the FCC should have a seat at the table. It’s a glaring omission that this agency does not, because through our oversight of the airwaves and licensing of satellite services, we have an important role ensuring the viability of space for future generations.”

Rosenworcel noted that the National Space Council as revived by the Trump administration last year has a distinguished list of leaders, including the head of NASA, the secretaries of defense, transportation and homeland security, and others, calling it “an impressive list.” But “cutting the FCC out of this discussion is an unseemly mistake, and one that deserves a fix,” she said.

To translate: The FCC wants to keep its regulatory power over space operations, and by excluding them from the council Trump is threatening that power. This is unacceptable!

If the Trump administration is truly serious about streamlining the space regulatory bureaucracy, we should hear more complaints like this in the coming months, from the FAA, NASA, the State Department, and other agencies. Normally such government streamlining efforts only make things worse, because all the threatened government agencies chime in with complaints like this. The result is that nothing gets streamlined. Instead, the effort merely adds another layer of bureaucracy, as illustrated by my previous post.

George Nield of FAA space office is retiring

George Nield, who has been the associate administrator for Commercial Space Transportation at the Department of Transportation’s Federal Aviation Administration (FAA), is going to retire at the end of March.

Nield has held the position for the past 15 years, and has been a big supporter of private commercial space. While Congress has passed laws during this time period that gave his office lots of regulatory power and thus the ability to lord it over these new companies, Nield instead worked with them so that their efforts would not be hampered by the government. The result has been the birth of a thriving competitive and innovative private launch industry.

I fear what will happen with the next person to hold this position. History tells us that bureaucracies always expand their power with every opportunity, with such expansions often instigated by the arrival of new bureaucrats eager to take advantage of the regulations to build themselves an empire.

FAA submits its red tape recommendations to National Space Council

As requested by Vice-President Mike Pence during the first meeting of the National Space Council, the FAA has now submitted its recommendations for streamlining the launch licensing process.

“We came up with our vision for a 21st century licensing process,” [George Nield, FAA associate administrator for commercial space transportation] said. That process, he said, could include licenses that cover different versions of a family of vehicles, launching from different sites on different missions, “on the same piece of paper.” Nield said other elements of that vision include “performance-based” regulations that don’t limit companies on how they can achieve a certain requirement, as well as ways to accelerate the license review process, which can take up to 180 days once a completed application is submitted.

Some of those changes, Nield said, may take longer to carry our, particularly when they involve issues like environmental reviews. He said the FAA is looking at other near-term streamlining approaches, such as the use of a mechanism called “safety approvals” that provides pre-approval of subsystems or processes — and potentially entire launch vehicles — to speed the license review process.

Nield also put in a request for additional staff for his office, which currently has about 100 people. “If we had some additional folks that could look at fixing the process rather than just having everybody having their head down cranking out these licenses, then we could make a significant improvement” in the license review process, he said. [emphasis mine]

While I do think Nield is sincere about reducing regulation, and has generally been a positive force in his job in helping the new commercial launch business, he is still a bureaucrat. The whole point here is to encourage the policy-makers to give his office the job of regulating space, so that Nield’s responsibilities grow.

Federal bureaucracy prevents satellite launch

We’re here to help you! A suite of 8 private commercial cubesats that the Air Force had agreed to launch as secondary payloads on the August 26 launch of a Minotaur rocket were blocked from launch by FAA bureaucracy.

The “interagency partner” that appeared to raise objections was the Federal Aviation Administration, which issued the launch license for the mission. “The Federal Aviation Administration (FAA) did not approve Orbital ATK’s request for a license modification to include commercial cubesats on the upcoming ORS-5 launch mission,” Guthrie said. “As a result, Orbital ATK decided not to include commercial cubesats on the launch.”

Asked if the FAA placed any conditions or restrictions on the ORS-5 mission launched on the Minotaur 4, agency spokesman Hank Price said the FAA issued Orbital ATK a license Feb. 10 to launch government payloads on the Minotaur 4 from Cape Canaveral. The launch license contains any and all conditions on the license, Price said, and the FAA does not comment on the “existence or status of launch license applications or modifications until the FAA makes a final decision regarding those requests.”

Industry sources believe the FAA never formally rejected a proposed license modification for the cubesats because it did not go through the official process, but it was informally clear that the agency would have rejected such a modification had it been formally submitted.

Spire officials are trying to figure out why there was any issue at all about commercial cubesats on this launch. “If Spire chose this launch in the place of another commercial offering, I would understand the industry’s concern about fair competition,” Barna said. “But no existing U.S. launch company or new entrant was offering a similar launch. The fundamental intent of the policy is to keep competition fair, and competition just wasn’t a factor here.”

Spire’s problems here demonstrates the difficulties smallsat companies have getting their satellites in orbit, which explains the emergence of a new smallsat rocket industry. The company’s difficulties also illustrates why the launch industry should always be opposed to giving too much regulatory power to government. In this case it really appears that the launch license was denied merely because the bureaucrats involved with approving it at the FAA simply didn’t want to bother dealing with it.

Court of Appeals rules FAA drone registry illegal

The law is such an inconvenient thing: The U.S. Court of Appeals has ruled that a recently imposed FAA requirement that amateur drone operators register their drone with the FAA is illegal.

Introduced in 2015, the mandatory drone registry required owners of unmanned aircraft weighing between 0.55 and 55 lb (250 g and 25 kg) to register their machines with the FAA. If not, they faced fines of up to $250,000.

This drew the ire of some in the drone industry, and the many hobbyists who had been flying small aircraft recreationally for years. One such hobbyist, John Taylor, went to the lengths of challenging the FAA’s new rule in the US Court of Appeals. Today, that court ruled in his favor.

“Taylor is right,” the decision reads. “In 2012, Congress passed and President Obama signed the FAA Modernization and Reform Act. Section 336(a) of that Act states that the FAA ‘may not promulgate any rule or regulation regarding a model aircraft’ … The FAA’s 2015 Registration Rule, which applies to model aircraft, directly violates that clear statutory prohibition. We therefore grant Taylor’s petition and vacate the Registration Rule to the extent it applies to model aircraft.”

It is not surprising that a bureaucrat or government agency would try to impose more regulations on the public than is required or allowed. It is all about power, and these regulations give power to the regulators. What is different today is that the federal bureaucracy is now so large and so involved with regulating so many private activities, while the law has simultaneously become so complex and difficult to track, that these abuses happen routinely, unless someone with enough personal resources and determination decides to fight. And even here there is no guarantee that the courts will apply the proper law.

Rocket Lab sets May 21 for first test launch of its Electron rocket

Capitalism in space: Rocket Lab today announced that it has scheduled the first test flight of its Electron rocket for May 21.

The company is setting expectations for a test launch that may suffer delays and could end in failure. “During this first launch attempt it is possible we will scrub multiple attempts as we wait until we are ready and conditions are favorable,” Beck said in the statement.

The launch, as the company’s name for it emphasizes [“It’s a test], is a test flight, with no satellite payload on board. The launch is the first of three such test flights Rocket Lab plans before beginning commercial launches later this year.

Rocket Lab plans to carry out the launch largely out of public view. The company said a press kit about the mission that there will be no public viewing sites in the vicinity of its New Zealand launch site for this mission. There are also no plans to webcast the launch, although the company said it will provide video footage “following a successful launch.”

Although Rocket Lab is launching from New Zealand, the company is headquartered in the United States, and thus will require a launch license from the U.S. Federal Aviation Administration for this and future Electron missions. As of May 14, the FAA had not published a launch license for this flight. [emphasis mine]

I have highlighted the last paragraph above because it is to me the most interesting part of this entire story. What happens if Rocket Lab never gets its U.S. launch license and launches anyway? They are launching on foreign soil. It really is none of the FAA’s business, even if the company is based in the U.S. Will they fine them? Call them names?

I suspect that one reason they have made the announcement first, before getting their license, is to pressure the FAA bureaucrats to get off their duffs and get moving. In the past both Virgin Galactic and SpaceX have done the same thing, and got their licenses very quickly thereafter.

FAA okays SpaceX launch on Monday

As I expected, after several days of hemming and hawing, the FAA has granted SpaceX a launch license for its planned Monday launch.

The FAA license approved Friday covers all seven Falcon 9 launches planned for the Iridium Next constellation, along with landings of the Falcon 9 first stage on a barge positioned downrange in the Pacific Ocean. The $3 billion Iridium Next program aims to replace all of the company’s existing satellites, which were launched in the late 1990s and early 2000s and are now operating well beyond their design lives.

What SpaceX clearly did here was to move ahead, daring the FAA to challenge their desire to launch quickly. Government bureaucrats don’t like that, but to call SpaceX’s bluff and block the launch would have caused these bureaucrats even more problems. SpaceX knew this, and gambled that the FAA would back down. It did, and thus the launch license was issued.

FAA moves to regulate backyard drone use

The law is only there to crush the little people: The FAA has issued a subpoena against a father and son who posted youtube videos showing off their modifications to a drone, equipping it first with a gun and then with a flame thrower.

They are fighting the subpoena, noting that the FAA lacks any authority to regulate the use of recreational drones.

The Haughwouts’ attorney, Mario Cerame, told CBS News that the decision could potentially set an important precedent about the FAA’s power to regulate recreational drone use. Cerame added, the FAA should not be using airplane regulations to seek information about “a kid playing in his backyard…. They shouldn’t use airplane regulations,” Cerame told CBS News. “They should go get the authority from Congress. It’s about keeping the government in check as to what Congress said they can do.”

Hey, we know they never intended to do anything wrong! And besides, no reasonable prosecutor would ever consider bringing charges, right?

Congressman proposes major changes to regulation of commercial space

Doug Messier has posted a detailed analysis of Congressman Jim Bridenstine’s (R-Oklahoma) proposed American Space Renaissance Act (ASRA) that is definitely worth reading.

Most of the changes appear aimed at organizing the regulation process of commercial space more completely under FAA control, rather than the hodge-podge of agencies that presently have responsibility. The bill also encourages NOAA and NASA to increase their use of commercial data for weather and Earth remote sensing.

At first glance, the bill looks good, but it also is not likely to be passed as written. Moreover, not surprisingly it calls for a hefty increase in funding for the FAA agencies being given more responsibilities, but I wonder if Congress will comparably reduce the funding of those agencies it takes responsibility from. My instinct tells me no, which means of course that the government and bureaucracy grows again.

Federal law outlaws launches on foreign rockets

Killing competition: The American launch industry as well as the FAA regulators are in agreement that a 2005 law that limits American small satellite companies from using foreign launch companies should remain in place.

The CSLA, dating from 2005, is the U.S. government’s way of protecting the seemingly forever-nascent U.S. small-satellite launch industry from competing with government-controlled foreign launchers for U.S. business. It seeks to oblige non-U.S. rocket providers to sign a CSLA that, for all intents and purposes, sets U.S. commercial launch prices as the world minimum for government-owned non-U.S. launch providers.

The rationale is that these non-U.S. launchers, not bound by the constraints of profit and loss – but hungry for hard-currency export earnings – will undercut commercial U.S. companies’ launch prices and keep them from gaining market traction.

India’s launch rockets, for example, are designed and built by India’s space agency ISRO, and are backed not by private funds but by government money. The fear is that India could subsidize its rockets so that the price could always be kept below what any American company could charge.

The truth, however, is that competition and innovation, here in the U.S., has so successful undercut foreign prices that no amount of subsidies can hope to compete. Those foreign companies are now scrambling to actually redesign their rockets to lower their costs and thus their prices, rather than asking for more handouts from their governments. This law should be repealed.

Bureaucrats fight over the regulation of commercial space

Battle of bureaucrats: The FAA’s office that regulates commercial space (AST) and the National Transportation Safety Boad (NTSB) are fighting over the procedures AST should use to control and manage the work of private space companies.

The issues deal with how the FAA inspects the work of space companies, prompted by the NTSB’s investigation into the Virgin Galactic SpaceShipTwo crash in 2014. The kerfuffle also illustrates the absurdity of the regulatory responsibilities that Congress forced on AST when it amended the commercial space act in 2004. Somehow it is expected that bureaucrats in Washington will know better how to make sure a private company’s new space designs are safe than the very engineers who are building them. The disagreement here is merely about how the bureaucrats keep watch. The NTSB wants AST’s bureaucrats to hover over them like a worried mother. AST wants to hover from a little farther away, like a proud father.

In either case, the hovering will accomplish little to make the cutting edge engineering more safe except create fake jobs in the government for hovering bureaucrats, while squelching risky innovation since such risks go against the instincts of every bureaucrat.

Though Congress has recently revised the law to ease its regulations, they didn’t really do much to remove them. Expect these kerfuffles to get bigger in the coming years as the Washington bureaucracy moves to impose its will on this industry while simultaneously manipulating the press and Congress to create more useless jobs for themselves.

If they succeed, we should also expect them to succeed in making innovative commercial development in space become increasingly impossible.

Congress revises law governing commercial space

The competition heats up? Congress this week passed a revision to the Commercial Space Act that they claimed will help encourage the growth of the new industry.

According to the Senate press release, the bill does the following:

  • Extend the liability waiver for private space launches until 2023
  • Extend ISS operations until 2024
  • Establishes a legal right for U.S. companies to mine resources in space
  • Demands a new more streamlined framework for the government’s regulation of the industry

The last item is probably mostly blather, since a close look at the bill itself [pdf] reveals that most of these demands are merely requirements that the executive branch write a report. The odious rules that will allow the federal government to regulate and restrict the industry all remain. And even though the bill makes a big deal about establishing these regulations in concert with the industry itself, that only means that today’s players can use the government to make it difficult for new players to get started.

The claim that the bill also establishes “a legal right to resources a U.S. citizen may recover in space consistent with current law and international obligations of the United States,” as noted in the Senate press release, is a very big overstatement. The bill’s wording does nothing to get the U.S. out of the UN’s Outer Space Treaty, which forbids any person or nation from claiming ownership of territory in space. All the bill does is express the desire that American citizens should have the right to own what they mine, while at the same time stating that these resources will be “obtained in accordance with applicable law, including the international obligations of the United States.’’ In other words, the Outer Space Treaty still applies, and you can’t own it.

For what it’s worth, the bill also renames the FAA’s space regulatory agency from “The Office of Space Commercialization” to “The Office of Space Commerce.”

All in all, the bill’s most important overall accomplishment is that it strongly emphasizes and encourages the development of a private space industry, and tries to focus the government’s regulatory efforts in that direction. This ain’t perfect, but it could be considered a step in the right direction.

One more thing to note: Senator Ted Cruz (R-Texas) appears to have been a major player in getting this bill written and passed.

GAO criticizes the staff and budget request of FAA’s commercial space office

A GAO report has concluded that the FAA has not provided sufficient justification for its 2016 requested budget and staff increases for its Office of Commercial Space Transportation (AST).

AST requested an additional $1.5 million more plus an increase of its staff by 13 to handle what it expects to be an increase in commercial launches. However,

The GAO report cautioned about using predictions of launches as a reason for hiring additional staff because, in recent years, “the actual number of launches during those years was much lower than what FAA projected.” In one example, the FAA projected it would license more than 40 launches and reentries in 2014, but the actual number was about 20.

The report also revealed a split among companies in the commercial launch business about the importance of increasing AST’s budget. While industry organizations like the Commercial Spaceflight Federation have expressed their support for the proposed budget increase, only three of the nine companies surveyed by the GAO believed the office has insufficient resources to deal with its workload. Three other companies thought the office has sufficient resources, and the remaining three expressed no opinion. The report did not identify which companies held those opinions, but did list the nine companies contacted by the GAO: Blue Origin, Boeing, Masten Space Systems, Orbital ATK, SpaceX, United Launch Alliance, Virgin Galactic, Vulcan Aerospace and XCOR Aerospace.

The second paragraph in the quote above suggests that a majority of the private companies that AST would regulate are not enthused about giving that government agency more resources or abilities. To me, I suspect that the phrase “We’re here to help you!” and what it usually signifies about the government has something to do with that lack of enthusiasm.

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