Tag: regulation

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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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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FAA confirms: No Starship/Superheavy launch license until Interior approves

The Kafkaesque Interior Department strikcs again!
The Kafkaesque Interior Department
strikcs again!

They’re coming for you next: In an email today, the FAA confirmed what I had reported yesterday, that though it hopes to issue a launch license for the next orbital test flight of SpaceX’s Starship/Superheavy rocket by the end of October, no license will be issued until Fish & Wildlife in the Interior Department agrees.

Before it is authorized to conduct a second Starship/Super Heavy launch, SpaceX must obtain a modified license from the FAA that addresses all safety, environmental, and other regulatory requirements. As part of that license application determination process, the FAA will review new environmental information, including changes related to the launch pad, as well as other proposed vehicle and flight modifications.

The FAA will complete a Written Reevaluation (WR) to the 2022 Programmatic Environmental Assessment (PEA) evaluating the new environmental information, including Endangered Species Act consultation with the U.S. Fish and Wildlife Service. If the FAA determines through the WR process that the contents of the PEA do not remain valid in light of the changes proposed for Flight 2, additional environmental review will be required. Accordingly, the FAA has not authorized SpaceX’s proposed Flight 2. [emphasis mine]

Tragically, my April prediction is coming true. This launch is almost certainly not going to occur before November, and will almost certainly be delayed until next year.

Note again that until the Biden administration, SpaceX was not required to get a detailed environmental reassessement after every Boca Chica test launch. Fish & Wildlife was not involved, as it shouldn’t be. SpaceX made its engineering investigation, the FAA reviewed it quickly, and the company launched again, at a pace of almost one test launch a month, with almost every launch resulting in a crash landing or an explosion.

Under the Biden administration the rules suddenly changed. Now, all launches are environmental concerns, even though we have empirical data for more than seventy years at Cape Canaveral that rocket launches not only do no harm to wildlife, they allow it to thrive because the spaceport creates large zones where nothing can be developed.

In other words, the Biden administration is playing a raw and cruel political game, designed to kill Starship/Superheavy. And it is succeeding, because it will be impossible to develop this rocket on time for its investors and NASA at a pace of only one test launch per year.

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Starship/Superheavy 2nd test launch likely delayed until next year by federal bureaucracy and White House

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

They’re coming for you next: While answering questions from reporters at a conference yesterday on when SpaceX might get its next Starship/Superheavy launch license, FAA acting chief Polly Trottenberg said she hoped that license will be awarded by October, but then slipped in one minor additional detail that had not previously mentioned or required:

SpaceX would still need a separate environmental approval from the U.S. Fish and Wildlife Service before a launch. Trottenberg did not say how long that might take.

Not surprisingly, the story from Reuters buries this detail, spinning the story to make it seem that the FAA is eager to help SpaceX launch. Similarly, this NasaSpaceFlight.com story (a space news outlet which has also tried to spin things to make the delays appear the fault of SpaceX) fails to even mention this detail.

SpaceX is now destacking Starship from Superheavy (live stream here).

I predicted in the spring that intransigence from the federal bureaucracy, controlled by the Biden administration, would likely delay this launch well past August, and likely into next year. I also said I would be thrilled if my cynical prediction turned out to be wrong.

Sadly, it looks like that prediction will be correct, and in fact might have actually been conservative. » Read more

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Real pushback: Defiance from all sides to New Mexico’s unlawful suspension of the 2nd amendment

Michelle Lujan Grisham

When New Mexico’s Democratic Party governor Michelle Lujan Grisham suddenly declared on September 8, 2023 that she was unilaterally suspending the second amendment by outlawing for 30 days the right to carry firearms by any citizens in Albuquerque and its surrounding Bernalillo county, no one should have been surprised.

All Grisham was doing was following the many precedents set during the COVID epidemic, where nationwide governors routinely made unilateral and unlawful declarations violating the Constitutional rights of citizens, with no pushback at all. Grisham was merely following those precedents. To her, it was now okay for a governor to routinely declare a “health emergency” for any reason under the sun (in this case the violent shooting death of an innocent eleven-year-old boy), and declare any law she didn’t like to be null and void.

Grisham was simply demonstrating forcefully the worst lessons learned from the COVID panic. It taught power-hungry politicians that they could get away with any abuse of power they conceived, as long as they dressed that power grab as part of some sort of “health emergency.”

You see, power is very habit-forming, and when you find you suffer no pain for abusing it it is then very easy to abuse it again, and again and again.

The response to Grisham’s unlawful abuse of power however suggested strongly that things are no longer going to follow the script of the COVID panic, when the public meekly went along. Instead, the uproar in the past three days has been astonishing, not so much from the ordinary citizens defying the ban, but from politicians and pundits from across the entire political spectrum.
» Read more

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Good news? FAA issues own report on April Starship/Superheavy launch

The FAA today closed out its own investigation into the April test launch failure of SpaceX’s Starship/Superheavy rocket, stating that it found “63 corrective actions SpaceX must take” before another launch license will be issued.

Corrective actions include redesigns of vehicle hardware to prevent leaks and fires, redesign of the launch pad to increase its robustness, incorporation of additional reviews in the design process, additional analysis and testing of safety critical systems and components including the Autonomous Flight Safety System, and the application of additional change control practices.

It is not clear how many of these corrections have already been completed by SpaceX. The FAA made it clear however that it does not yet consider its requirements to have been met.

The closure of the mishap investigation does not signal an immediate resumption of Starship launches at Boca Chica. SpaceX must implement all corrective actions that impact public safety and apply for and receive a license modification from the FAA that addresses all safety, environmental and other applicable regulatory requirements prior to the next Starship launch.

The timeline suggests FAA is demanding additional actions from SpaceX. The company submitted its own investigation report to the FAA on August 16th. The FAA then spent almost a month reviewing it, during which it almost certainly decided some of SpaceX’s corrections were insufficient. It has now followed up with its own report, listing additional actions required.

Remember, no one at the FAA is qualified or even in a position to do a real investigation. They are simply acting as a chess kibitzer on the sidelines, making annoying commentary based on less information than held by the players of the game (in this case SpaceX). Unlike a chess kibitzer, however, the FAA controls the board, and can force SpaceX to do its recommended moves, or declare the game forfeited by SpaceX.

If the FAA has required additional actions, we will find out in the next few days when SpaceX destacks Starship/Superheavy and rolls both back into the assembly building. It is also possible we instead shall have a few weeks of back-and-forth negotiations by phone, zoom, paper, and face-to-face meetings, whereby SpaceX engineers will be desperately trying to make FAA paper-pushers understand some of their engineering work which will eventually result in an agreement by the FAA to let SpaceX launch.

Remember, none of this kind of regulatory interference and investigation took place between SpaceX and the FAA during the Trump administration when SpaceX was flying a Starship suborbital test flight almost monthly. The heavy boot of regulation arrived soon after Biden. The two are closely linked.

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Senate approves Biden’s FCC nominee, giving him a Democrat majority on FCC

FCC: now controlled by Democrats
The FCC, now controlled by the
power-hungry Democratic Party

Failure theater: The Senate yesterday voted 55 to 43 to approve Biden’s Federal Communications Commission (FCC) nominee, Anna Gomez, thus giving the Democrats a 4 to 3 majority on the Commission.

This was Biden’s second nominee to the commission, with the first withdrawn when it was clear the Senate opposed the nominee.

Biden tried again in May with the nomination of Gomez, a State Department digital policy official who was previously deputy assistant secretary at the US National Telecommunications and Information Administration (NTIA) from 2009 to 2023. A lawyer, Gomez was vice president of government affairs at Sprint Nextel from 2006 to 2009 and before that spent about 12 years at the FCC in several roles.

Gomez got through the confirmation process with relative ease, though most Republicans voted against her. Both parties seem to expect the FCC to reinstate net neutrality rules now that Democrats will have a majority.

Imposing net neutrality is essentially socialism/communism for the internet. It will squash competition, cost a fortune, and eventually be used as well to squelch dissent online (which translates into silencing conservatives).

From the perspective of space, the majority on the FCC is likely very bad news as well, for several reasons. » Read more

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Starship and Superheavy: Ready for launch but still blocked by the White House

Starship stacked on Superheavy, September 5, 2023

Elon Musk yesterday tweeted a short video showing Starship prototype #25 as it was stacked on top of Superheavy prototype #9, stating that both were now ready for their orbital test launch, the second attempt by SpaceX to launch this new rocket.

The image to the right is a screen capture from that movie, showing the full rocket ready to go. When it will go however remains a complete unknown, as Musk himself noted in the tweet: “Starship is ready to launch, awaiting FAA license approval.”

In May I predicted that though Musk predicted at that time that SpaceX would be ready to do this launch in August, it would not happen then or likely for months afterward, because the FAA under the Biden administration is slow-walking all launch approvals for SpaceX, as I showed in detail in a later June essay.

It is now September. SpaceX didn’t meet Musk’s original August ready date for launch, but it only missed that target by about five days. And as I predicted, the FAA has also not yet approved the launch license.
» Read more

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Japan reworking law that limits its space agency from awarding contracts to private companies

The Japanese government is now in the process of reworking the law that governs its space agency JAXA, in that this law has up to now forbidden it from using any of its budget to directly fund the work of any private companies.

According to sources, the government plans to add a provision to the JAXA Law — the basis for establishing JAXA — to set up a fund to provide long-term, large-scale financial support to the private and academic sectors, and to submit a draft revision at an extraordinary Diet session this autumn.

In the past, JAXA has put money into two private companies out of its own income earned from intellectual property and other sources, and the investment per company was limited to several tens of millions of yen. In March, the Liberal Democratic Party proposed that a fund of ¥1 trillion be established over 10 years.

It appears this limitation might explain why Japan trails so badly in the aerospace sector. JAXA has been forbidden to award contracts to private companies. It has been required by law to do all the work itself.

I suspect one of the two private companies it has sent money to was Mitsubishi, which in turn been a major contractor in building JAXA’s H-2A and new H-3 rockets. The system however has not resulted in rockets that are competitive and inexpensive, which is why Japan has garnered little market share.

If the revision in the law allows JAXA to award development contracts to private companies as they develop their own rockets and spacecraft, owned not by JAXA but by them, then we may see a change.

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SpaceX completes successful 6-second static fire test of Superheavy

screen capture during static fire test
Screen capture during static fire test

SpaceX today successfully completed a full 5-second static fire test of all 33 Superheavy Raptor-2 engines as well as the deluge system of the launchpad at Boca Chica.

The link goes to the live stream, which is still on-going. The static fire test occurs at about 42 minutes, if you wish to see it.

According to the narrators of the live stream, Elon Musk tweeted that the static fire was a success. It certainly appeared to go for the full five seconds, and it certainly appeared more robust than the previous test. We will have to wait however for confirmation that all 33 engines fired as planned.

The company clearly appears just about ready to do an orbital test flight. Too bad the Biden administration still stands in the way. There is yet no word on when the FAA will approve a launch license, and the decision of the Justice Department yesterday to file a bogus discrimination lawsuit against SpaceX strongly suggests the White House is working hard to figure out ways to squelch this private effort by an American citizen and his company.

Hat tip to Jay, BtB’s stringer.

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Biden’s Justice Department sues SpaceX

The corrupt and very partisan Justice Department of the Biden administration today sued SpaceX for discriminating against refugees and illegal immigrants because it restricts hiring to “U.S. citizens and lawful permanent residents.”

The lawsuit states SpaceX “failed to fairly consider” and “refused to hire” the asylees and refugees who ended up applying anyway. It also alleges that SpaceX “wrongly claimed” that the US’s export control laws allowed it to only hire US citizens and lawful residents. Additionally, the DOJ claims SpaceX hired “only” US citizens and green card holders from September 2018 to September 2020.

“Our investigation found that SpaceX failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” Kristen Clarke, the assistant attorney general of the DOJ’s Civil Rights Division, says in a statement.

Justice is demanding compensation and back pay for anyone “deterred or denied employment”, as well as civil penalties.

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.

The Biden administration considers Elon Musk an opponent, and since it is now moving to indict and even imprison all political opposition, it is no surprise it is beginning to use lawfare against him. As I have written repeatedly, it has almost certainly pressured the FAA to slow walk any launch license approvals for SpaceX’s Starship/Superheavy. This lawsuit today simply provides further evidence that my prediction will be right that the next orbital test flight of that rocket will be delayed months.

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I will NOT wear a mask, part two

Here we go again! When the first panic over COVID arrived in 2020 and government thugs and their leftist minions in the culture began demanding that everyone wear a mask, I wrote the following:

It apparently has not been enough that they have successfully destroyed a thriving economy, put millions out of work, destroyed the airline, entertainment, sports, and restaurant industries, over a disease that, at best is nothing more than a slight blip in the overall death rate, and at worst will be comparable to similar past epidemics that we lived through without government-imposed panic or economic disaster.

No, destroying millions of lives has not been enough. They need to do more. They need to find more ways to squelch our freedom, nullify the Constitution and the Bill of Rights, and, to paraphrase Orwell, stamp a boot down on our faces, forever.

And in this case, they mean to do this, almost literally.

They are now beginning to demand that we wear masks at all times in public, in the mindless and stupid belief that this will somehow stop COVID-19 from spreading.

I also declared unequivocally that I would not wear a mask, “and if you demand it of me you will have a revolution on your hands.”
» Read more

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Regulatory problems for Saxavord spaceport in Shetland?

In a short statement reported in the local Shetland press, the under-construction Saxavord spaceport in Scotland has apparently laid off some construction workers, claiming it has done so “because the project was so far ahead of schedule.”

The statement however also alluded to the United Kingdom’s Civil Aviation Authority (CAA), which must issue a launch license before any launches can occur.

SaxaVord Spaceport said: “SaxaVord continues to have excellent dialogue with the authorities and is fully expecting to receiving its spaceport licence very soon from the Civil Aviation Authority. We are looking forward to hosting vertical rocket launches in the coming months.”

The application for this launch license was submitted in November 2022. It appears that the CAA still needs a year or more to approve any launch license, a slow and endless process that if not corrected will make launches from the United Kingdom completely unprofitable.

Saxavord had hoped to get its first launch off this year, by fall. It now appears that will not happen.

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Commercial spaceport in Australia signs its first launch contract

Australia map showing ELA spaceport location
The red dot marks ELA’s location, on the north coast of Australia.

Australia’s first commercial spaceport, Equatorial Launch Australia (ELA), has signed a multi-launch contract with a South Korean startup rocket company, Innospace, with the first launch targeting April 2025.

Though Innospace successfully launched a suborbital test flight in March, it has not yet launched a rocket to orbit. Meanwhile, ELA is negotiating with a number of other rocket companies, but it also appears it is having problems with the administrative state in the U.S.

The South Korean company is first off the blocks as it is not subject to the strict technological transfer regulations applied by the United States.

[ELA’s CEO Michael] Jones says delays to the signing of a Technological Safeguards Agreement (TSA) between Canberra and Washington is holding up several potential US customers. “We’re still waiting with bated breath for the TSA, despite a bilateral announcement by Biden and Albanese in Japan in early June that the deal was done and dusted,” he explains. “We were all expecting it to be released by the end of the financial year and the process of being endorsed by Parliament begun”.

A pattern of delay and intransigence in Washington, blocking commercial space, does seem to be developing since Joe Biden took over as president.

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SpaceX report on first Starship/Superheavy launch failure submitted to FAA

Though we don’t know exactly when this was done, SpaceX has submitted to the FAA its final report on its investigation into the launch failure during the first Starship/Superheavy test launch in April, and now awaits the FAA’s response.

Now comes the FAA’s review of SpaceX’s investigation, fulfilling the agency’s role as the regulator charged with ensuring public safety during commercial launch operations. “When a final mishap report is approved, it will identify the corrective actions SpaceX must make,” an FAA spokesperson told Ars. “Separately, SpaceX must modify its license to incorporate those actions before receiving authorization to launch again.

Do not expect that response to be fast, or accepting. I predict the FAA will demand a lot more investigation and changes from SpaceX, actions that will take time to implement and be approved. Furthermore, I fully expect the FAA to take at least two months to review the SpaceX report before it issues those demands. As I have been predicting since May, there will be no Superheavy/Starship launch this year.

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NOAA lifts many restrictions on the release of commercial Earth observation images

As part of a 2020 revision by Commerce to reduce regulations on satellites that monitor the Earth, NOAA has now lifted many of the restrictions it placed on the release of high resolution commercial Earth observation images.

NOAA said it lifted 39 restrictions on an unspecified number of licenses. Those restrictions include a reduction of global imaging restrictions for certain imaging modes and removal of restrictions on non-Earth imaging and rapid revisit. It also removed all temporary conditions on X-band synthetic aperture radar (SAR) imagery.

One of the companies that benefits from the removal of the conditions is SAR imaging company Umbra. The company announced Aug. 7 that, with the removal of the conditions, it can now offer SAR images to customers at a resolution of 16 centimeters, compared to no better than 25 centimeters under the old license conditions. “This means that we are finally able to offer customers the highest resolution images that our satellites are capable of capturing, setting the stage for even further expansion of products to customers,” said Gabe Dominocielo, Umbra’s co-founder and president, in a company statement.

The revision to the regulations, put in place in 2020, had been instigated by the Trump administration, and has apparently been left untouched by the Biden administration, at least up until now.

For the satellite companies it means they are much freer to produce that best imagery, and thus compete more successfully. For customers, it means that they will now have access the best imagery, in open competition. For news outlets attempting to report on things like the Ukraine War, for example, this ability will make it possible to improve the accuracy of the coverage.

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Rocket Factory Augsburg raises $33 million in private investment capital

The German startup Rocket Factory Augsburg revealed today that it has raised $32.9 million in private investment capital at the same time it has shifted the launch date for the first rocket launch of its RFA-1 rocket from this year into next.

That launch was scheduled to occur at the Shetland spaceport, Saxavord, and as recently as April 2023 officials there were saying that this launch would occur this year. In June however Rocket Factory signed a deal with France’s space agency to use its long abandoned launchpad in French Guiana. That same month I predicted the launch at Saxavord would not happen this year, possibly because of regulatory hurdles in the United Kingdom.

It appears those hurdles might have been part of the reason for Rocket Factory’s deal with France. It needs a place to launch, and it appears the UK’s government is not presently conducive to allowing such things to happen easily.

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SpaceX conducts static fire test of Superheavy and its launchpad systems

SpaceX yesterday conducted a static fire test of Superheavy and its launchpad systems at Boca Chica.

After a couple of hours of chilling the fuel lines, filling of the liquid oxygen and liquid methane tanks aboard Booster 9 began at T-Minus 67 minutes. The liquid oxygen tank was fully filled with the liquid methane only partially filled with what was required for the test.

After a smooth countdown, Booster 9 lit all 33 Raptor engines, however, 4 shut down early during the 2.74-second duration test. The test was intended to last 5 seconds.

The new water deluge system seemed to work as intended, albeit with a very short firing of the engines. Instead of a giant dust cloud that is usually formed after a static fire test, this test created a steam cloud that dissipated fairly quickly following the test.

The premature shutdown and the even earlier shut down of four engines suggests SpaceX still has kinks it needs to work out. No surprise. It will now probably switch out those four engines, analyze the test, and do it again. It will do so partly because it needs to before the orbital test flight, and partly because it can’t do that test flight because the FAA has still not issued a launch license.

I have embedded the video of that test below the fold.
» Read more

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Today’s blacklisted American: Pediatrician fired for raising questions about COVID jab at public meeting

Renata Moon, testifying on December 7, 2022
Renata Moon, testifying on December 7, 2022.
Click to hear her testimony.

They’re coming for you next: After pediatrician Renata Moon testified at a December 7, 2022 public Capitol Hill event organized by Senator Ron Johnson (R-Wisconsin), where she raised serious and very legitimate questions about the COVID jab and the risks it might carry, she was fired as a teacher by Washington State University for daring to express such thoughts out loud.

So, what horrible things did she say at that December 2022 event?

Dr. Moon testified that she had only seen two or three cases of myocarditis, a form of heart inflammation, while practicing for more than 20 years. But after the COVID-19 vaccines were rolled out, she said, she has been seeing more cases, and heard about others from fellow doctors. “There’s clearly been a massive increase,” Dr. Moon said.

Dr. Moon also pulled out the package insert for the vaccines, or a piece of paper that typically outlines warnings, ingredients, and other information for a vaccine. The insert for the COVID-19 vaccines has no information and says, “intentionally blank,” the U.S. Food and Drug Administration has acknowledged. “How am I to give informed consent to parents when this is what I have?” Dr. Moon said.

All she did was note the obvious increase in myocarditis after the rollout of the jab, something that has now been documented repeatedly by studies (see just a few examples here, here, here, and here), while adding that though by law she as a doctor is required to provide patients with all information about the risks of a treatment, the government had intentionally denied her that information.

For this, Washington State University officials immediately reported her to the Washington Medical Commission (WMC), which at that time (and maybe even now) considers any statement expressing any skepticism about the efficacy of the COVID jab by any doctor to be “misinformation” that justifies the revocation of his or her medical license. In the university’s letter [pdf] informing her of its actions as well as warning her that it was considering firing her, it clearly indicated that it considered her testimony as her fundamental crime.
» Read more

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Proposed exclusion zone restrictions revealed for new Sutherland spaceport in Scotland

A map of the proposed 50-square-kilometer exclusion zone that will be required for launches at the new Sutherland spaceport in Scotland has now been obtained by the Northern Times, which appears to be a local newspaper.

The zone would cover much of Melness Crofters’ Estate, and ironically it would also include a significant part of the neighbouring Eriboll Estate, owned by Danish entrepreneur Anders Holch Polvsen, who launched a failed legal challenge against the spaceport. Highland Council is in the process of finalising the details of the proposed restrictions which will then be put out for a 12-week public consultation and go before Highland councillors for final approval.

Ramblers Scotland, which promotes access to the outdoors, has said it will “carefully study” the final proposals.

Only during the launches does it appear the zone would be this large. Between launches the zone would be limited to a radius of 1.8 kilometers around the launchpads.

With twelve launches planned per year, this zone could seriously impact local activities, though how much is not clear. Not many people live in the area, and the land inside the zone is mostly used as grazing land or for recreational activities, many apparently organized by Ramblers Scotland. We should therefore expect some opposition to this plan when this zone is discussed during that 12-week public consultation time period.

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Update on the technical progress at Boca Chica, preparing for the next Starship/Superheavy orbital test

Link here. Lots of progress had been made in getting the pad and the rocket ready for that next orbital test flight, with the first static fires tests of Superheavy using the launchpad’s new water deluge system are now expected in the coming week.

The company is also preparing additional prototypes of Superheavy and Starship for later orbital tests. even as it upgrades the assembly facilities, replacing temporary tents with actual buildings. More details, including videos, at the link.

Meanwhile, the only word from the FAA about SpaceX’s application for a launch permit has been a warning that it will not issue that permit until it is good and ready, suggesting the company should not expect to launch in August, as I have been predicting for months.

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Unless Congress acts soon, the unelected administrative state will rule unopposed

A dying document
A dying document

While much of the conservative press has been focusing on the illegal abuse of power by security agencies like the FBI, the CIA, and the Department of Justice, in the past week a whole slew of stories having nothing to do with election politics or Donald Trump have even more starkly illustrated the growing power of the many alphabet agencies of the federal government’s executive branch, power that is cancelling the real constitutional power of Congress — even as Congress looks on impotently.

Unlike abusive and illegal indictments of Trump, or evidence that the Justice Department and FBI are acting to protect Joe Biden and his son Hunter, however, these others stories have generally gone unnoticed, except by your intrepid reporter here at Behind the Black.

First, on July 26th we had the Space Force proposing new regulations that would allow it to literally take control over all private space assets in any declared international emergency, without any need to compensate the owners.

The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.” [emphasis mine]

What is the point of owning anything if the U.S. military has the power to simply steal it from you, without paying you for it, anytime any president or Congress on a whim decides to declare an international emergency? Such declarations were once rare, but now they happen routinely, with dire consequences for private citizens, as we all learned during the COVID panic.

On that same day we also learned that the FAA has refused to allow the private company Varda from bringing back to Earth a capsule it had launched to space several months ago, with the express intent to manufacture needed pharmaceuticals in weightlessness that can’t be made on Earth.
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Senate committee gives NASA and Commerce responsibility for removing space junk

The Senate Commerce committee has now okayed a bill that would require NASA to develop several space junk removal projects while giving the Commerce department the responsibility of identifying what space junk needs to be removed.

The core of the bill would direct NASA to establish an active debris removal program. That would include funding research and development activities “with the intent to close commercial capability gaps and enable potential future remediation missions for such orbital debris,” the bill states. NASA would also fund a demonstration mission for debris removal and allow it and other agencies to procure debris removal services.

The version of the ORBITS Act approved by the committee is different from the version introduced earlier this year. Among the changes is in a section that originally called on NASA to develop a prioritized list of orbital debris to remove. In the new version, that responsibility is given instead to the Commerce Department. The Commerce Department, through its Office of Space Commerce, is developing a space traffic coordination system called the Traffic Coordination System for Space (TraCSS) that will take over civil space traffic management roles currently handled by the Defense Department. That involves taking in data from Defense Department and other sources and using it to provide warnings of potential close approaches to satellite operators.

Though unstated, this bill appears to be a direct slap at the FCC’s effort under the Biden administration to claim the power to regulate space junk, despite its lack of statutory authority to do so.

The bill is of course not yet law, as it still needs to be approved by both the House and Senate. However, some version that stops the FCC now seems very likely, as the House itself has already rejected a bill that would have approved the FCC power grab.

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Teachers, parents, and even school districts sue PA Ed Dept over Marxist guidelines

Parents are rejecting this in droves
Now parents, teachers, and administrators are rejecting this mantra

In April a lawsuit against the Pennsylvania Department of Education was filed by the parents, teachers,and three different school districts in western Pennsylvania, challenging the guidelines issued by the state that would force leftist indoctrination down the throats of kids and teachers.

The Mars Area, Penn Crest, and Laurel school districts, as well as two teachers, several board members and parents, filed a lawsuit Monday trying to stop the Shapiro [Democrat] administration from implementing “culturally relevant and sustaining education,” also known as CRSE, in every school district in Pennsylvania.

Leonard Rich, the superintendent of the Laurel School District, explained to KDKA-TV why he and the district joined the lawsuit. “CSRE goes beyond and tells students what to think,” he said. “I’m more driven to tell students and encourage students on how to think.”

“The district’s objection that we are being mandated to not teach our kids how to think but what to think,” he added. “Freedom of expression is a First Amendment right.”

The Thomas More Society is representing the litigants. You can read the filed complaint here [pdf].

The new guidelines are right out of the critical race theory playbook, requiring schools and teachers to:
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FAA: No Starship/Superheavy launch until we say so!

We’re here to help you! The FAA yesterday stated in no uncertain terms that there will be no additional orbital test launches of SpaceX’s Starship/Superheavy until it has decided the launch will be safe.

The FAA, which is overseeing an investigation into the April 20 launch, said Wednesday it was still awaiting the report it needs to identify corrective actions SpaceX must take to get the OK to launch again from Boca Chica.

An FAA spokesperson declined to speculate when the agency’s investigation might be completed, saying that “public safety and actions yet to be taken by SpaceX will dictate the timeline.”

“The FAA will not allow a return to flight operations until it determines that any system, process, or procedure related to the mishap does not affect public safety or any other aspect of the operator’s license,” the spokesperson said. “The mishap investigation is ongoing.”

The implication that the FAA is awaiting completion of SpaceX’s own investigation sounds like an attempt to shift the blame for the delay from the government to SpaceX, even though the company has made it very evident in words and deeds that it is moving quickly and will be ready to launch in August.

This threat of a delay is hardly a surprise. I predicted in late April that the federal bureaucracy is targeting SpaceX, and by late May predicted the the FAA would block this August launch attempt.

It is also important to underline the fact that there is absolutely no one at the FAA capable of or knowledgeable enough to competently assess the safety of the next launch. The only people who can really do that are the engineers at SpaceX. All the FAA can do is reject SpaceX’s investigation — for political reasons — and demand SpaceX take additional actions, based merely on random guesses as to what needs to be done. And it can keep doing this repeatedly.

This launch is likely to be delayed many months. You heard it here first.

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A third spaceport approved in Scotland

Despite some local opposition, a third spaceport has been approved in Scotland, allowing up to ten suborbital launches per year.

During launches, a 155m (250km) exclusion zone will be placed on the seas around St Kilda, the world-heritage site and archipelago north west of the site. It will be the third of its kind in Scotland, after spaceports were launched in Sutherland and Shetland.

The project, spearheaded by Comhairle nan Eilean Siar – Western Isles Council – has been met with opposition from locals with more than 1,000 people signing a petition rejecting the plans.

…Comhairle nan Eilean Siar had previously bought Scolpaig Farm for £1m and is developing it with private military contractor QinetiQ alongside space industry firms Rhea Group and Commercial Space Technologies.

It is unclear if the spaceport will eventually upgrade to providing orbital launch facilities. It will also have to compete with the two other spaceports in Scotland, as well as get launch approvals from the UK’s Civil Aviation Authority.

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New Space Force language would give it the power to take over all commercial space assets

A new draft outlining the powers of the Space Force would give it the right to shut down all commercial space activities during any government declared emergency, giving it exclusive control over all space assets, whether built or owned by the government or private companies.

The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.”

According the draft, the government would also not be required to cover any losses to the companies. In other words, in clear violation of the fifth amendment to the Constitution forbidding the taking of any private property without just compensation, this draft regulation would allow the military to do exactly that. And it won’t require a war, merely a declared emergency, similar to the unjustified emergency declared when COVID arrived.

At this time the draft language has only been issued for industry comment. I suspect the entire space industry will oppose it strenuously. I also expect the government to yield reluctantly, using its financial power to issue major contracts as a wedge to garner some industry compromises.

The result, as with the FCC and the FAA in the two stories below, will be a more powerful administrative state in DC, wielding power the Constitution expressly forbids it to wield.

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Varda blocked from bringing its capsule back to Earth by FAA

Varda has been forced to delay the first return of its capsule from space, loaded with a drug designed to treat HIV/AIDS that can only be manufactured in weightlessness, because the FAA has so far refused to issue “a re-entry license,” a new regulatory power grab the FAA instituted two years ago supposedly to “streamline the launch and reentry licensing process.”

This new language, which I was unaware of and know of no Congressional act approving it, has done exactly the opposite.

A key issue, he said, is that Varda is the first to seek a reentry license under new FAA regulations known as Part 450. Those regulations were enacted by the FAA more than two years ago to streamline the launch and reentry licensing process.

…For the commercial launch industry, the Part 450 regulations have become an area of concern. Only a handful of Part 450 launch licenses have been issued to date as the FAA begins a transition to the new regulations, but those licenses have taken longer to complete than expected, in some cases missing a 180-day statutory deadline. Industry officials raised the issue at a July 13 hearing of the House Science Committee and at a July 11 meeting of an FAA advisory group, the Commercial Space Transportation Advisory Committee. [emphasis mine]

The highlighted language says it all. It also suggests these new regulations, apparently written by the FAA and not Congress, might be contributing to the delays being experienced by SpaceX in its attempt to do test launches of its Starship/Superheavy rocket.

Varda is presently hoping to return the capsule in mid-August. It had begun this re-entry licensing process in early 2021 — more than two years ago — and still does not have that approval. Its business plan is to make money by manufacturing things in weightlessness that can’t be made on Earth — such as this HIV drug — and returning those items to Earth for sale.

Such a plan can’t work if the federal administrative state stands in the way.

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House rejects FCC bill because the bill approved FCC’s recent power grab

The full House yesterday failed to pass an FCC bill designed “to reform satellite spectrum licensing regulations” because of opposition to language that provided a backdoor approval of the FCC’s recent power grab that extended its regulatory power beyond its legal statutory authority.

[T]he leadership of House Science Committee opposed the bill because of provisions regarding regulation of space debris and space traffic management. They pointed to language in the bill that directed the FCC to establish “specific, measurable, and technology-neutral performance objectives for space safety and orbital debris.”

In a “Dear Colleague” letter circulated to House members ahead of the vote, the bipartisan leadership of the full committee and its space subcommittee argued that the FCC would be overstepping its authority by attempting to regulate space safety. “Congress has never explicitly granted FCC authority to regulate in these areas, and doing so now is a significant policy decision,” the letter stated, adding that the FCC also lacked expertise to do so. “Assigning FCC responsibility to both create these rules and assess an applicant’s compliance would divert resources from FCC’s primary mission of assessing the applicant’s spectrum use.”

While this sounds like Congress has actually decided to exercise its Constitution authority and restrict this maverick agency, don’t bet on it. The vote for procedural reasons required a two-thirds majority. 250 House members voted in favor, and 163 voted against, a clear majority in favor that was only 16 votes short of approval.

Moreover, even if Congress removes the language approving the FCC power grab and then passes the bill, it will have done nothing to stop that power grab. Expect FCC officials under Biden to ignore the law and continue to demand the right to regulate how satellites are de-orbited, something it hasn’t the knowledge or authority to do. Satellite companies will have to sue to stop it, an expensive task that will hinder their operations and cost money. Many will simply decide to go along.

The result will be a more powerful unelected administrative state — beholden to no law — and a weaker Congress unwilling to represent the American citizenry by wielding its Constitutional power.

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