House speaker Kevin McCarthy proposes bill to extend “learning period” for rocketry

The speaker of the House, Kevin McCarthy (R- California) today introduced what he calls the STAR act, which would extend the learning period that exempts the new human commercial space industry from heavy regulation from its impended expiration this year for eight more years, to 2031. From his statement:

The STAR Act would extend the learning period by 8 years to provide sufficient time for the FAA and commercial space industry to develop consensus standards for human safety in space flight. The bill’s proposed 8-year extension corresponds with the lengths of the original learning period — from 2004 to 2012—and the extension by Rep. McCarthy’s SPACE Act (P.L. 114-90) — from 2015 to 2023.

More information here. That McCarthy has introduced this bill suggests its chances of passage are high, assuming a very divided and partisan Congress can manage to pass anything in the coming weeks.

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Independent review: NASA’s Mars sample return mission is in big trouble

Perseverance's first set of core samples, placed on the floor of Jezero Crater
Perseverance’s first set of core samples,
placed on the floor of Jezero Crater

An independent review of NASA’s Mars sample return mission (MSR) to pick up the core samples being collected by the rover Perseverance has concluded that the project has serious fundamental problems that will likely cause it to be years late and billions over-budget, assuming it ever flies at all.

You can read the report here [pdf]. After thirteen pages touting the wonders and importance of the mission to get those samples back to Earth, the report finally gets to its main point:

However, MSR was established with unrealistic budget and schedule expectations from the beginning. MSR was also organized under an unwieldy structure. As a result, there is currently no credible, congruent technical, nor properly margined schedule, cost, and technical baseline that can be accomplished with the likely available funding.

Technical issues, risks, and performance-to-date indicate a near zero probability of [the European Mars orbiter intended to bring the sample back to Earth] or [the Earth sample facility] or [the Mars ascent vehicle] meeting the 2027/2028 Launch Readiness Dates (LRDs). Potential LRDs exist in 2030, given adequate funding and timely resolution of issues.

• The projected overall budget for MSR in the FY24 President’s Budget Request is not adequate to accomplish the current program of record.

• A 2030 LRD for both [the sample return lander] and [the Mars orbiter] is estimated to require ~$8.0-9.6B, with funding in excess of $1B per year to be required for three or more years starting in 2025.

Based on this report, a mission launch in 2030 is only “potentially” possible, but only wild-eyed dreamers would believe that. It also indicates that the budget for each component listed above requires several billion dollars, suggesting the total amount needed to achieve this mission could easily exceed in the $30 to $40 billion, far more than the initial proposed total budget for the U.S. of $3 billion.

None of this is really a surprise. Since 2022 I have been reporting the confused, haphazard, and ever changing design of the mission as well as its ballooning budgets. This report underlines the problems, and also suggests, if one reads between the lines, that the mission won’t happen, at least as presently designed.

The report does suggest NASA consider “alternate architectures in combination with later [launch readiness dates].” Can you guess what might be an alternate architecture? I can, and its called Starship. Unlike the proposed helicopters and ascent rocket and Mars Orbiter, all of which are only in their initial design phases, Starship is already doing flight tests (or would be if the government would get out of the way). It is designed with Mars in mind, and can be adapted relatively quickly for getting those Perservance core samples back.

Otherwise, expect nothing to happen for years, even decades. In February 2022 I predicted this mission would be delayed from five to ten years from its then proposed ’26 launch date. A more realistic prediction, based on this new report, is ten to twenty years, unless NASA takes drastic action, and the Biden administration stops blocking Starship testing.

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Pushback: Professor blacklisted by North Texas U wins in Federal court

North Texas University: where censorship and blacklisting is celebrated

Bring a gun to a knife fight: Today’s blacklist story follows up on the case of professor Timothy Jackson, who was dismissed in 2021 by the University of North Texas (UNT) as the editor of a history of music journal he had founded because he and his student editors had organized an issue dedicated to disproving the anti-white and racist accusations of a different professor against a well known musical figure.

From his lawyer’s most recent press release:

The Journal of Schenkerian Studies is dedicated to a late 19th/early 20th-century Austrian-Jewish music theorist, Heinrich Schenker, and his systematic, graphic methods of music analysis. In July 2020, Timothy Jackson defended Schenker in the pages of the Journal from an attack by Hunter College Professor Philip Ewell. Professor Ewell labeled Schenker a “racist” and, indeed, the entire tradition of Western classical music as “systemically racist.” This dispute would have remained a typical academic tempest in a teapot, but the University of North Texas swiftly condemned Jackson’s defense of Schenker and classical music. At UNT, defending classical music and its theory against charges of “racism” is a “thought crime.”

Graduate students quickly condemned Professor Jackson for “racist actions” and various other derelictions that they claimed hurt their feelings. Calls for Professor Jackson to be fired quickly escalated, and the vast majority of Jackson’s fellow faculty members jumped on the bandwagon. Sixteen of them signed a graduate student petition calling for his ouster and for censorship of the Journal. Discovery revealed that at least one did so without even reading or understanding what the petition said.

Officials at the university subsequently removed Jackson as editor of the journal, apparently because he had freely expressed his first amendment rights to dissent publicly from Ewell’s false accusations against Schenker. As I noted in 2021,
» Read more

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SpaceX shows off a Raptor-2 engine during local Texas parade

During the annual Founders Day parade in McGregor, Texas, SpaceX participated by including on its float a Raptor-2 engine, used by Starship and Superheavy.

Outside of an unannounced display of an engine in town one day, SpaceX, known for it’s secrecy, hasn’t had a public showing like this before. Residents waved as the engine passed by while SpaceX employees and their families waved and tossed candy from the trailer hauling the engine.

McGregor, whose population is only 6,000, is the location of SpaceX’s engine facility, where it builds and tests its rocket engines. Very clearly this parade proves this evil capitalist company is doing harm to these poor rural Texans and the environment that surrounds them. The hate that emanates from these citizens is truly overwhelming!

Hat tip to Robert Pratt of Pratt on Texas.

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FAA and FCC now competing for the honor of regulating commercial space more

Two stories today illustrate again the growing appetite of federal alphabet agencies to grab more power, even if that power is not included in their statutory authority.

First, the Federal Aviation Administration (FAA) proposed new rules governing the de-orbiting of the upper stages of rockets by commercial launch companies.

The FAA is proposing a new rule requiring commercial space companies to dispose of their rocket upper stages to limit the creation of more space debris. Five disposal methods are allowed: a controlled or uncontrolled deorbit within certain time limits, putting the stage into a less congested orbit or sending it into an Earth-escape orbit, or retrieving it. A 90-day public comment period will begin once the proposed rule is published in the Federal Register.

Though this “appears to implement the updated U.S. Orbital Debris Mitigation Standard Practices issued in 2019,” it upgrades it from a “practice” that the government requests companies to follow to a “rule” they must follow. It also expands the power of the FAA to regulate commercial rocket companies, setting a new precedent of control that I guarantee with time will expand further.

Not to be outdone in this power grab, the Federal Communications Commission (FCC) added its own new satellite rules to the satellite licenses of two constellations run by the companies Iceye and Planet. The rules however have nothing to do with regulating the use of the electromagnetic spectrum, which is the FCC’s sole purpose according to the law that created it:
» Read more

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Chinese pseudo-company experiences launch failure

The Chinese pseudo-company Galactic Energy last night experienced the first launch failure of its solid-fueled Cere-1 rocket, launching from the Jiuquan spaceport in the northwest of China.

No details about the failure were released, including where in China the rocket crashed. The rocket has four stages, and is derived from Chinese missile technology. This was its tenth launch, and first failure.

Like all of China’s pseudo-companies, Galactic Energy obtains investment capital and then competes for government or commercial contracts. It is not a real company in that the government has closely supervised and controlled it (especially because of its dependence on missile designs), and can take it over at any time.

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Environmentalists appeal dismissal of their lawsuit against the FAA and SpaceX

The two environmentalist groups and Indian tribe that sued to get SpaceX’s Boca Chica spaceport shut down have now appealed the dismissal of their case by a Texas judge.

Two environmental groups and an Indigenous tribe on Wednesday will present appeals in their lawsuit over the repeated closures of a border beach to allow neighboring SpaceX to conduct test flights and other activity. The Sierra Club, Save RGV, and the Carrizo Comecrudo Nation of Texas are scheduled to present oral arguments before the 13th Court of Appeals on Wednesday morning in Edinburg.

Last summer, the groups filed a lawsuit accusing the state of not upholding the Texas Open Beaches Act, but a district court judge in Brownsville ruled against their lawsuit, saying they couldn’t sue the Texas General Land Office or Cameron County, where the popular beach and SpaceX are located. The Texas Constitution grants the public rights to all public beaches. At issue, however, is whether private groups have a constitutional right to sue.

Though I am not surprised that the lawsuit was dismissed because these groups have no standing, this the first I had heard of that dismissal. I suspect their appeal will fail as well, especially as the hearing is being held in the state courts, which are generally very sympathetic to SpaceX and the economic rebirth it has brought to south Texas.

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The emerging long term ramifications of the Ukraine War

With the war in the Ukraine now in the second half of its second year, with no clear outcome on the horizon, I thought it might be a good time to step back and look at what Russia’s invasion has wrought, not just on Russia and the Ukraine, but on the rest of the world, now and possibly into the long term future.

My goal in this essay is to look at the forest, not the trees, and to do so in very broad strokes, based on my experience as a historian who has taken this approach in all my histories.

First however it is necessary to give a short update on the war itself. In my previous two updates in April and July I concluded that the war was devolving into a stalemate, much like the ugly trench warfare of World War I. Nothing has changed that conclusion in the two months since July, a fact that is starkly illustrated by the two maps below, originally created by the Institute for the Study of War (ISW) and modified and annotated by me to highlight the most significant take-aways.
» Read more

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SpaceX sues to get Justice’s discrimination suit thrown out on constitutional grounds

SpaceX on September 15, 2023 filed suit in Texas to get the Justice Department’s August 24th discrimination suit — which claims that the company discriminates against illegal aliens because it obeys State Department security regulations forbidding such hiring — thrown out on constitutional grounds.

From the complaint [pdf]:

But aside from being factually and legally insupportable, the government’s proceedings are unconstitutional for at least four reasons: (1) the administrative law judge (ALJ) adjudicating the government’s complaint was unconstitutionally appointed; (2) the ALJ is unconstitutionally insulated from Presidential authority because she is protected by two layers of for-cause removal protections; (3) the ALJ is unconstitutionally purporting to adjudicate SpaceX’s rights in an administrative proceeding rather than in federal court; and (4) the ALJ is unconstitutionally denying SpaceX its Seventh Amendment right to a jury trial.

The suit specific names two of these administrative judges, as well as attorney general Merrick Garland, as defendents. It also outlines in detail how SpaceX follows the State Department’s law protecting U.S. technology scrupulously, while hiring the most talented people of all races, including non-citizens after getting State Department permission. Even so, the company’s complaint focuses on the unconstitutionality of the Justice Department’s administrative attack, demanding its dismissal for these reasons alone.

As I noted when the Justice Department’s lawsuit was first announced,

This suit is utter garbage and puts SpaceX between a rock and a hard place. I guarantee if SpaceX had hired any illegal or refugee who was not yet a legal citizen, Biden’s State Department would have immediately sued it for violating other laws relating to ITAR (the export control laws mentioned) which try to prevent the theft of technology by foreign powers.

That SpaceX has chosen to fight this lawsuit first on constitutional grounds suggests the company has fundamentally come to the same conclusion. Musk has decided to fight back hard against Biden’s effort to squash him both politically and legally.

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Federal government continues to block the return of Varda’s commercial capsule, carrying drugs to treat HIV

Even as the FAA continues to block Varda from returning its capsule back to Earth, the Air Force has now joined in to block its landing at its Utah Test and Training Range, the same location NASA will use on September 24 to drop the return capsule from OSIRIS-REx, carrying material from an asteroid.

Varda originally planned to bring back a capsule containing crystals of ritonavir, a drug used to treat HIV, in mid-July. After announcing that had been delayed [due to the FAA’s refusal to issue a landing license in July], the company was looking at September 5 and 7, a source told TechCrunch. This information was confirmed by USAF.

The company declined to comment, but posted on X that the “spacecraft is healthy across all systems” and that they are continuing to collaborate with regulators to bring the capsule back to Earth. They added that the spacecraft can survive for up to a year on-orbit.

“Sept. 5 and 7 were their primary targets,” a spokesperson for the USAF said in an emailed statement. “The request to use the Utah Test and Training Range for the landing location was not granted at this time due to the overall safety, risk and impact analysis. In a separate process, the FAA has not granted a reentry license. All organizations continue working to explore recovery options.”

The spokesperson further said that Varda “is working on presenting alternate plans,” but would not elaborate further whether that meant seeking an alternate landing site. A spokesperson for the FAA told TechCrunch that Varda’s application was denied on September 6 because the company “did not demonstrate compliance with the regulatory requirements.”

“On September 8, Varda formally requested that the FAA reconsider its decision. The request for reconsideration is pending,” the spokesperson said.

The actions of these agencies is unconscionable and a outright abuse of power. There is no rational reason for the FAA to continue to deny Varda the right to bring its capsule back to Earth. Its claims of environmental impact are bogus, especially since capsules and spacecraft have been returning to Earth like this for more than three-quarters of a century. Nor is there any reason for the Air Force to have blocked the return now. Its claim of issues of “safety, risk, and impact” is utter garbage, especially since it is allowing a NASA capsule to land in this exact same facility in only days, and that capsule is carrying material from an asteroid.

One might question why Varda apparently flew its capsule prior to getting these landing approvals, but it did exactly the right thing, for two reasons. First, if it waited for approvals before flying, it would have no leverage on these power-hungry federal agencies and it likely would still be on the ground, going bankrupt (think of Virgin Orbit in the United Kingdom). This by the way is the same tactic used by SpaceX. You don’t wait on them, you put them under the gun by moving forward as fast as possible.

Second, this situation helps highlight the power grab by these agencies. While the FAA has some concerns relating to conflicts with airplane traffic, that should simply be a matter of coordination and involve no great delay. Similarly, landing on an Air Force base is merely scheduling. Since when did government agencies have the power to block a landing beyond those points? They don’t, not legally, morally, or practically.

Though I am sure most workers at the FAA and Air Force are likely trying to do their best to help
Varda, the structure of such regulatory agencies always encourages the power-hungry to grab power. The result has been endless mission creep, to the point where today no space activity can happen without some government agency sticking its nose in to demand control.

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Russian investigators pin down cause of Luna-25 failure

Though the investigation is not yet complete, reports out of Russia indicate that the cause of the failure of Luna-25 during an engine burn while in orbit around the Moon has been identified.

The article at the link provides the details, which involve problems with two “BIUS-L accelerometers” during the flight, which for reasons not yet understood were switching from the primary to the secondary randomly during the journey to the Moon, apparently because of some failure.

However, ahead of the fateful lunar orbit correction on August 19, both accelerometers worked correctly, but once the maneuver started, one set failed again, while the flight control system never switched to data from the second set. As a result, onboard computers were not receiving data about critical parameters required for properly completing the orbit correction, such as orientation of the spacecraft in space, velocity and altitude.

If confirmed, this crash scenario would likely implicate deficiencies in the development or testing of the flight control system and its software rather than any mechanical problem of the propulsion system, which was implied in the initial statement about the incident. [emphasis mine]

The highlighted sentence says it all. The serious quality control problems that have hampered Russia’s space efforts remain, and in fact appear systemic throughout its entire aerospace industry. In fact, this failure of a planetary probe helps explain the many difficulties Russia has been having in its war in the Ukraine, attributable to these same issues.

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China launches military reconnaissance satellite

China today successfully launched a classified military reconnaissance satellite, using its Long March 2D rocket lifting off from its Xichang spaceport in the south of China.

No word on where the rocket’s lower stages crashed in China. All the stages use hypergolic fuels, which are extremely toxic.

The leaders in the 2023 launch race:

65 SpaceX
43 China
13 Russia
7 Rocket Lab
7 India

American private enterprise still leads China in successful launches 76 to 43, and the entire world combined 76 to 69. SpaceX by itself now trails the rest of the world combined (excluding American companies) 65 to 69.

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