FAA – Page 8 – Behind The Black

Bureaucrats fight over the regulation of commercial space

February 18, 2016 9:37 am Robert Zimmerman

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.

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Congress revises law governing commercial space

November 11, 2015 10:32 am Robert Zimmerman

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.