Tag: regulation

California police raid home, confiscate guns, from man who tried to register AR-15

8:48 am

Fascist California: Police raided the home and confiscated the guns of a man who had made a sincere effort to follow new California laws requiring the registration of his AR-15.

The man also now faces a dozen felony charges.

Jeffrey Scott Kirschenmann attempted to register an AR-15 with the California Department of Justice last month but instead found himself in significant legal trouble. The California DOJ accused Kirschenmann of illegally modifying the rifle he attempted to register. Law enforcement officials raided his home in Bakersfield before ultimately confiscating a dozen firearms and a few hundred rounds of ammunition, then charging him with a dozen felonies, KGET reports. Kirschenmann was accused of possession of assault weapons, two silencers, and something referred to as a “multi-burst trigger activator.” He does not appear to have been charged with any violent crimes.

All this does is drive decent ordinary gun-owners underground. It makes them criminals for doing nothing morally wrong, and thus a target that the state can now oppress.

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China cracks down on corrupt science

8:38 am

The Chinese government has instituted new policies aimed at shutting down corrupt practices in journal peer review and funding that have previously encouraged scientific misconduct.

The country’s most powerful bodies, the Chinese Communist Party and the State Council, introduced a raft of reforms on 30 May aimed at improving integrity across the research spectrum, from funding and job applications to peer-review and publications.

Under the new policy, the Ministry of Science and Technology (MOST) will be responsible for managing investigations and ruling on cases of scientific misconduct, a role previously performed by individual institutions. And for the first time, misconduct cases will be logged in a national database that is currently being designed by MOST.

Inclusion in the list could disqualify researchers from future funding or research positions, and might also affect their ability to get jobs outside academia. The Chinese Academy of Social Sciences will oversee the same process for social scientists. The policy also states that MOST will establish a blacklist of ‘poor quality’ scientific journals, including domestic and international titles. Scientists who publish in these journals will receive a warning, and those papers will not be considered in assessments for promotions, jobs and grants. A couple of such blacklists already exist, but rarely are they run formally by a government agency.

In recent years China has been the source of many examples of blatant scientific misconduct, from faking data in papers to getting them peer reviewed by non-existent reviewers. This policy change is aimed at stopping this misconduct, and is likely happening because much of China’s leadership comes from its space industry, which requires honesty in its work or the rockets will crash.

At the same time, the policy gives the government great power over all scientific work, and we all know what happens eventually when you give the government great power. While the goals here are laudable, and will likely in the near future produce positive results, the long term consequences will likely end up stifling independent research.

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Northrop Grumman purchase of Orbital ATK approved

9:24 am

Capitalism in space: Northrop Grumman’s acquisition of Orbital ATK has been approved by the Federal Trade Commission.

With this purchase, the name Orbital ATK will recede into history. This division of Northrop Grumman will now be called Northrop Grumman Innovation Systems. Here at Behind the Black I will simple call it Northrop Grumman.

The FTC ruling carried with it one caveat:

As a condition for the approval of the merger, the company will have to supply solid rocket motors “on a non-discriminatory basis under specified circumstances,” the FTC ruled.

Ensuring competition in the solid rocket motors industry is a key issue for the Defense Department because only two manufacturers remain in the business, Orbital ATK and Aerojet Rocketdyne. The Air Force plans to acquire a new strategic intercontinental ballistic missile, the so-called Ground Based Strategic Deterrent, with Northrop Grumman and Boeing competing for the award. The intent was for both Orbital ATK and Aerojet to supply both prime contractors. The FTC decision requires Northrop Grumman to separate its solid rocket motors business with a firewall so it can continue to support Boeing.

It will be up to the Defense Department to ensure compliance with the firewall mandate.

It is unclear from the press report what this firewall accomplishes. It sounds like there was fear that Northrop Grumman would not have sold its solid rocket boosters to competitor Boeing, but I don’t see that happening. This acquisition was designed to put Northrop Grumman back in the rocket business just as that business is booming. Part of that business is selling solid rockets.

Either way, the company that David Thompson started in the early 1980s to challenge the big space companies, Orbital Sciences, has now completely vanished into one of those big space companies.

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California outlaws same day laundry and showers

11:09 am

Fascist California: A new draconian law in California makes it a crime to shower and do laundry on the same day.

Essentially, the law limits water use to levels that make it impossible to shower/bathe and do laundry on the same day. It also threatens fines of $1,000 and $10,000 per day, and requires water utilities to track customer use to find violators. And not surprisingly for a fascist state, it provides a method for allowing waivers to its inner circle:

Oh, and don’t worry, rich people. There will be “provisions for swimming pools, spas, and other water features.” So you can still have your pretty fountains and pools while the rest of the peons take 2 showers a week. One might wonder if ‘variances” will apply to the wealthy for their landscaping needs. “The State Water Resources Control Board, which will oversee local agencies’ progress, will also consider possible ‘variances’ for some districts that need additional allowances due to specific local circumstances.”

There’s more. Read it all. The author also makes the important point that this law will likely raise the cost of food nationwide, or cause some shortages because it will make life hell for California’s farmers.

More and more, it appears that the leftist Democrats in control in California are working to turn the Golden State into Venezuela.

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Customs steals $58K, a man’s life savings

12:59 pm

Theft by government: U.S. Customs stole $58,000 from a man traveling to Albania, his life savings, though they charged him with no crime.

“This is to notify you that Homeland Security Investigations (HSI) seized the property described below at Cleveland, OH on October 24, 2017: $57,330 in U.S. Currency,” the notice states. “Enforcement activity indicates that the currency was involved in a smuggling/drug trafficking/money laundering operation.”

The first thing the Kazazis noticed was that the dollar amount listed was $770 less than the amount that Kazazi said he took with him. The family said that the cash was all in $100 bills, making it impossible for it to add up to $57,330.

Customs might claim this had to do with “smuggling/drug trafficking/money laundering” but they found no evidence of such when they strip-searched the man, and have followed up with no charges. And that $770 of the cash that appears missing suggests strongly that several Customs agents pocketed the difference, a nice illegal bonus for these despicable thieves.

Civil forfeiture on its face violates the Fifth Amendment of the Bill of Rights, which clearly states that citizens are not to “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” These Customs agents, the Custom managers, and everyone else involved with this crime should be fired immediately.

It won’t happen, unfortunately. Our corrupt federal government no longer follows the Constitution. It follows its own corrupt power games, for its own benefit. And the people who should act to stop this, our elected officials, are part of the game.

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Proposed new FCC regulations would shut out student cubesats

9:38 am

We’re here to help you! Proposed new FCC regulations on the licensing of smallsats would raise the licensing cost for student-built cubesats so much that universities would likely have to shut down the programs.

In a move that threatens U.S. education in science, technology, engineering and math, and could have repercussions throughout the country’s aerospace industry, the FCC is proposing regulations that may license some educational satellite programs as commercial enterprises. That could force schools to pay a US$135,350 annual fee – plus a $30,000 application fee for the first year – to get the federal license required for a U.S. organization to operate satellite communications.

It would be a dramatic increase in costs. The most common type of small satellite used in education is the U.S.-developed CubeSat. Each is about 10 inches on a side and weighs 2 or 3 pounds. A working CubeSat that can take pictures of the Earth can be developed for only $5,000 in parts. They’re assembled by volunteer students and launched by NASA at no charge to the school or college. Currently, most missions pay under $100 to the FCC for an experimental license, as well as several hundred dollars to the International Telecommunications Union, which coordinates satellite positions and frequencies. [emphasis mine]

If these new and very high licensing fees are correct I find them shocking. As noted in the quote, building a cubesat costs practically nothing, only about $5,000. The new fees thus add gigantic costs to the satellite’s development, and could literally wipe the market out entirely. They certainly will end most university programs that have students build cubesats as a first step towards learning how to build satellites.

These new regulations appear to be part of the Trump administration’s effort to streamline and update the regulatory process for commercial space. It also appears that the FCC has fumbled badly here in its part of this process.

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Chinese regulations sends recycling into the trash

11:32 am

New Chinese regulations on what is acceptable recycled trash is causing trash companies throughout the U.S. to send the recyclables into the trash heap.

In the past, the municipalities would have shipped much of their used paper, plastics and other scrap materials to China for processing. But as part of a broad antipollution campaign, China announced last summer that it no longer wanted to import “foreign garbage.” Since Jan. 1 it has banned imports of various types of plastic and paper, and tightened standards for materials it does accept.

While some waste managers already send their recyclable materials to be processed domestically, or are shipping more to other countries, others have been unable to find a substitute for the Chinese market. “All of a sudden, material being collected on the street doesn’t have a place to go,” said Pete Keller, vice president of recycling and sustainability at Republic Services, one of the largest waste managers in the country.

In other words, there is no market for recycled trash. It has no value. No one wants it. Thus, even though it sounds good and allows people to make believe they are saving the environment by recycling, it is an inefficient waste of resources, as the article notes:

Recycling companies “used to get paid” by selling off recyclable materials, said Peter Spendelow, a policy analyst for the Department of Environmental Quality in Oregon. “Now they’re paying to have someone take it away.”

In some places, including parts of Idaho, Maine and Pennsylvania, waste managers are continuing to recycle but are passing higher costs on to customers, or are considering doing so. “There are some states and some markets where mixed paper is at a negative value,” said Brent Bell, vice president of recycling at Waste Management, which handles 10 million tons of recycling per year. “We’ll let our customers make that decision, if they’d like to pay more and continue to recycle or to pay less and have it go to landfill.”

Economic realities always rule. The problem is when people create fantasies that have no connection with those rules.

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China, the Moon, and the Outer Space Treaty

11:15 am

Link here. The article speaks to the problems of sovereignty, ownership, and political borders created by the language of Outer Space Treaty, specifically illustrated now by China’s newest effort to put a lander on the far side of the Moon.

[This] pioneering space travel has raised concern that China is also interested in the tiny spots on the moon that never go dark, the polar peaks of eternal light. Those peaks are vanishingly small, occupying one-one hundred billionth of the lunar surface − roughly equivalent to three sheets of NHL ice on Earth. But their near-ceaseless sunshine gives them great value as a source of solar energy, to power everything from scientific experiments to mining operations.

Their small size could also, scientists have argued, allow one country to take sole occupancy of this unique real estate without falling afoul of the Outer Space Treaty. That agreement stipulates that no state can exert sovereignty in outer space. But it also calls on countries “to avoid interference” with equipment installed by others.

That provides a loophole of sorts, researchers say. The installation of very sensitive equipment on the peaks of eternal light, such as a radio telescope − a 100-metre long uncovered wire used to study transmissions from the sun, and deeper corners of the universe − could use up much of the available space while also providing a rationale to bar others from the area on the grounds that the telescope is too sensitive to be disturbed.

“Effectively a single wire could co-opt one of the most valuable pieces of territory on the moon into something approaching real estate, giving the occupant a good deal of leverage even if their primary objective was not scientific inquiry,” researchers from Harvard University, King’s College London and Georg-August Universitat Gottingen wrote in a 2015 paper.

Because the Outer Space Treaty outlaws any nation from claiming territory, it provides no method for any nation, or private company, to establish its borders or property rights. To protect what they own nations are therefore will be forced to create their own rules, willy-nilly, such as the one speculated above. And when they disagree, only the use of force will be available to either defend or defy these arbitrary rules.

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White House issues new policy statement to reduce space regulation

10:32 am

Don’t get too excited: President Trump yesterday signed a new policy statement that basically follows the recommendations of his National Space Council aimed at reducing regulation of space commerce.

One section of the policy addresses launch licensing, requiring the Secretary of Transportation, who oversees the Federal Aviation Administration, to “release a new regulatory system for managing launch and re-entry activity, targeting an industry that is undergoing incredible transformation with regulations that have failed to keep up,” according to a White House fact sheet.

A second section deals with commercial remote sensing regulatory reform. “The current regulatory system is woefully out of date and needs significant reform to ensure the United States remains the chosen jurisdiction for these high tech companies,” the fact sheet states.

A related section calls on the Secretary of Commerce to provide a plan to create a “one-stop shop” within his department “for administering and regulating commercial space flight activities.” The Commerce Department had previously announced plans to combine the Commercial Remote Sensing Regulatory Affairs office with the Office of Space Commerce, giving the latter office that regulatory role for issues other than launch and communications.

The policy directs several agencies, including Commerce, the Office of Science and Technology Policy and the Federal Communications Commission, to develop a plan for “improving global competitiveness” of policies, regulation and other activities dealing with the use of radiofrequency spectrum for space activities.

A final section of the policy directs the National Space Council to review export control regulations regarding commercial spaceflight activities and provide recommendations within 180 days.

The policy closely follows the recommendations from the February meeting of the National Space Council. However, White House officials, speaking on background, said they don’t expect immediate changes as a result of the policy since many of the changes, like changes to regulations, will take months to implement through standard rulemaking processes. Some changes, the officials acknowledge, will require legislation to enact, such as authority to license “non-traditional” commercial space activities. [emphasi mine]

The highlighted text illustrates this is really just public relations and lobbying to get new legislation through Congress. Without that, little will change.

This directive however does carry one certain action we should all celebrate. The changes at Commerce eliminate the Commercial Remote Sensing Regulatory Affairs Office, where bureaucrats earlier this year claimed they had the power to license all photography of any kind from space, a power that allowed them to block SpaceX from using cameras on their rocket when those cameras showed the Earth in the background.

At the time I said that “If Trump is serious about cutting back regulation, he should step it now to shut this down.” Apparently, he has done so.

As for the other proposed regulatory changes, there are bills weaving their way through the labyrinth of Congress to address these changes. The House bill repeats most of the recommended changes of this policy directive. We have not yet seen a Senate version.

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Boulder bans assault weapons, gun owners sue

1:09 pm

Fascists: The city council in Boulder, Colorado, this week passed a local law banning “assault weapons” and other gun accessories.

Its city council unanimously passed an ordinance on Tuesday to ban the sale and possession of assault weapons, bump stocks and high-capacity magazines — becoming one of a handful of cities nationwide that has taken action to change its gun laws in the wake of the Parkland, Florida, shooting massacre.

…The new law requires people who own bump stock devices and magazines that hold 10 or more rounds of ammunition to dispose of or sell the firearm accessories by July 15, according to Colorado Public Radio.

A lawsuit against the law was immediately filed.

I think however that this quote by the city councilwoman who proposed the law illustrates best its stupidity.

“It felt like a no-brainer to propose this.”

That’s right, it is very clear that the council and this councilwoman used no brains at all in writing and approving the law. It not only is vague, unenforceable, and oppressive, it puts the blame for past murders on innocent law-abiding citizens.

The problem however is that this might very well be constitutional. As long as this local ordinance does not violate Colorado state law, it would be permissible under the Constitution, as the second amendment was designed to limit federal authority, not state or local authorities. As such, it illustrates the growing rise of fascism in some communities within the U.S., places where the majority sees nothing wrong with oppressing a minority, merely because they disagree about public policy. Expect more of this in the coming years. Expect also that these fascist localities to become havens of poverty, crime, oppression, and economic collapse.

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The cave dwellers of China

7:40 pm

Even as China tries to make them move out, the ethnic Miao villagers that have built homes and lived inside a cave for the past century or so refuse to leave.

Why? This explains it:

A cottage industry has popped up in which the cave dwellers earn extra money by renting out rooms in their homes, which over time have clustered within Zhong cave, a limestone cavern big enough to hold four American football fields. The hangar-like cave is so large that their wooden or bamboo-made residences form a small, subterranean village built along its undulating walls.

…Officials say that residents have not taken care of the cave, leaving it unsuitable for inhabitation, and that the government should oversee the village as it is listed as a protected community by the Getu River Tourism Administration, a local agency. They have offered each resident 60,000 renminbi, or approximately $9,500, to leave.

Only five families have agreed to move. The remaining 18 families have held on stubbornly to their homes inside the cave. They say that the new homes are too small, that they fear losing access to their land, and that they alone, because of their historical connection to the cave, should have the right to independently control its small tourism economy.

The Chinese government is simply not offering them enough to leave. And should they leave, I would expect the villagers to come out on the raw end of the deal, while the cave itself, no longer protected by their presence and financial self-interest to preserve it, will also suffer.

Hat tip Willi Kusche.

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Australian government to create space agency

9:51 am

The new colonial movement: A news report in Australia today revealed that the Australian government plans to include $50 million in its next budget to create that country’s first space agency.

Next Tuesday, the Government will unveil “seed funding” to finally establish a dedicated Australian space agency to coordinate existing efforts in the aeronautical industry, with the aim of generating thousands of future jobs. Most developed nations, including New Zealand, already have a space agency and there are concerns Australia may be not be capitalising on a global industry believed to be worth $420 billion a year.

The Turnbull Government is yet to decide where the new space agency will be located, but the ABC understands Western Australia, South Australia, the Northern Territory and the ACT have all expressed interest in hosting the headquarters.

A senior Coalition source said the Government expected the private sector would contribute “the lion’s share” of funding for Australia’s space industry.

This desire of governments to create their own NASAs is not really the best way to garner new space business. All it really does is create bureaucracy and pork for politicians. Better they liberalize their laws and regulatory systems, as Luxembourg is doing, to encourage companies to come and establish their operations there.

What Australia plans to do, however, is somewhat unclear. The article suggests that they want to minimize government spending and leave most of the cost for their government space agency to the private sector. How they will do that I have no idea.

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House passes law reforming commercial space licensing rules

10:13 am

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.

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Trump Commerce Secretary Wilbur Ross puts his foot down

10:08 am

In a speech at a space conference this week, Commerce Secretary Wilbur Ross outlined the Trump administration’s plans to streamline the commercial space regulatory bureaucracy, noting that the absurd interference with normal operations by bureaucrats must stop.

He made specific reference to NOAA’s demand that it have the right to license all photography in space.

“This is silly and it will stop,” Ross told an audience of space industry executives, policymakers and military officers at the Space Symposium in Colorado Springs, Colorado, backing the view of SpaceX and other rocket companies that the cameras on its rockets aren’t the equivalent of satellites dedicated to Earth views.

He then noted that the regulatory framework is going to be consolidated into an “Office of Space Commerce” under his direct supervision, though the FCC (licensing radio spectrum) and the FAA (licensing rocket launches) will retain their responsibilities.

Will this streamline anything or save the taxpayer any money? Doesn’t look that way to me, as it seems to be adding a new layer of bureaucrats to the process without eliminating any existing departments. And then there is this additional quote from the article:

The question for space executives, who have clamored for more responsive government when it comes to licenses for launches and satellite operation, is whether increased funding will accompany the shifting responsibilities.

Speeding up bureaucracy means hiring more people, and projects like space traffic management demand investment in the technology to detect and track objects in orbit. While the Trump administration had adopted lofty rhetoric around its support for space business, it’s not yet clear that the White House has the needed clout to win congressional support—and federal dollars—for its proposals.

While it is a good thing that the Trump administration has apparently told the NOAA bureaucrats to take a flying leap, it appears they have also decided that building a new layer of bureaucracy to regulate space is a good thing. This is most unfortunate.

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Trump administration to begin shift of space bureaucracy to Commerce

2:08 pm

In an announcement yesterday at a space conference, Vice President Mike Pence announced that the Trump administration will give the Commerce Department the task of creating a new system for monitoring and managing satellites and space junk in order to avoid traffic conflicts.

The policy calls on the Commerce Department to provide “a basic level of space situational awareness for public and private use,” based on tracking data compiled by the Defense Department. Commercial space ventures would also be encouraged to partner with the government on the development of data-sharing systems and guidelines for minimizing orbital debris and avoiding satellite collisions, Pence said.

In truth, I suspect that this is the first political maneuver in a long term plan to shift the entire space regulatory bureaucracy to the Commerce Department. Right now it is split between agencies in a number of different agencies, including State, NOAA, the FAA, the FCC, and even NASA. It is this complex and Byzantine arrangement the private sector most complains about. I am not sure why Commerce is getting favored, but it has appeared that many powerful members in Congress have wanted things shifted to Commerce for awhile, and so the Trump administration appears willing to go along in order to get the system streamlined.

We shall see if this streamlining really takes place. Often in government the creation of a new single agency to handle everything merely adds an additional layer of bureaucracy, because no one wants to cut the older layers.

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How I spent my Saturday: Removing graffiti in a cave

11:40 am

Yesterday was another of my many cave adventures, but different than most. Instead of exploring and mapping newly discovered or out-of-the-way remote cave passages, I participated in a project of the Central Arizona Grotto (a chapter of the National Speleological Society and located in Phoenix) to remove years of graffiti from Peppersauce Cave. You can see pictures of yesterday’s effort here, published by the Arizona Star.

You won’t see any pictures of me. The younger cavers were far more photogenic.

Peppersauce has become what cavers call a “sacrificial cave.” It is open and ungated, relatively easy to traverse, and very well known throughout the state. Thus, many inexperienced people go there to see it, most of whom know little about caving, the ethics of protecting them, or the proper techniques for caving safely. Yesterday, while we were working to either sand-blast, chemically remove, or grind away old spray-paint (some of which was sadly obscene), I must have seen between 150 to 200 people go by. At least two thirds of them were not wearing helmets. Many clearly had never been in a cave before. Some were not wearing headlamps, carrying flashlights instead (which makes climbing harder because you don’t have use of both hands and can easily lose your light). A few even came in with no lights, depending instead on the lights their companions carried.

Because of this heavy traffic, Peppersauce has been badly trashed. On visits by experienced cavers we routinely carry out bags of trash, only to find that trash reappearing, sometime in mere hours. The walls of the cave had been covered with graffiti, some many layers deep.

Ray Keeler of Central Arizona Grotto (CAG) has organized several projects in the past to remove this graffitti over the past two decades. The effort he is leading this year is the third, and has the help of cavers from grottos throughout the state. This was the fourth clean-up weekend, and the first that I was able to attend (having missed the first three due to scheduling conflicts).

I’ve done similar things before, but never on this scale. It was quite educational using the solvent to remove some graffiti, but unfortunately many types of paint are completely resistant to removal by either sand-blasting or solvent. After awhile I got discouraged doing solvent work. Too often nothing got removed. In the afternoon I switched to our last technique, grinding, and was far more gratified with the results. The grinder, which we do not use on formations, removes only the slightest layer of material, and thus does little damage. It however is very effective in removing all paint, no matter how resistant.

The cave is now about two thirds cleaned. We are racing to finish the rest before the summer, because a typically insane reason forced upon us by the government. You see, according to a law passed by Congress, graffiti that is more than fifty years old is considered historical, and cannot be removed without a great deal of paperwork and complex bureaucracy. Spray paint was invented in the late 1960s (about fifty years ago), and so some of this ugly graffiti, no matter how obscene, is going to be protected by our government beginning later this year. Our goal is to get it removed beforehand, so that the cave can be returned to a more natural state, for future visitors to experience.

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NOAA claims it is streamlining its remote sensing licensing operations

8:47 am

We’re here to help you! The NOAA office that recently demanded that it has the legal power to regulate all camera images from space announced this week that it has vastly streamlined its licensing process.

Really? Let’s take a look at their own numbers:

Samira Patel, an analyst with the Aerospace Corporation supporting CRSRA [Commercial Remote Sensing Regulatory Affairs at NOAA], said that in 2015 the average review time for a license application was 210 days, with only 1 of 15 applications completed within the 120-day time limit established in federal law. In 2016, that decreased to an average of 140 days, with 5 of 12 applications reviewed within 120 days.

Last year, Patel said the office completed reviews of license applications on an average of 91 days. Only 2 of 16 applications took more than 120 days, she said, “and that was only by a few days.” [emphasis mine]

My heart be still. It now takes them only three months on average to get a permit approved. Imagine how fast they’ll do it when they have to approve every tourist image taken of Earth from the many proposed private space stations.

The article does note that the Trump administration is reviewing the entire permitting process for commercial space, and that this responsibility, as well as the FAA’s licensing responsibility, could soon be merged and moved to the Department of Commerce. I hope that, in the process of this rearrangement, they throw out this new power-grab. The government has no business licensing any image-taking by any private entity.

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UN agreement reached on space sustainability

8:59 am

In February a UN committee helped negotiate a agreement with 87 nations for establishing rules for space sustainability.

The agreement was reached during a meeting of the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). COPUOS was created in 1959 as the main UN body to govern the exploration and use of space, and was instrumental in the creation of the five major space treaties. It has been the main multilateral forum where countries meet to discuss space issues and share updates on national activities and practices. As of 2018, those eighty-seven countries are formal members of COPUOS, with Bahrain, Denmark and Norway being the most recent additions. There are also nearly 40 observer organizations, including the Secure World Foundation.

…In 2016, the first set of 12 guidelines were agreed to by a consensus of all the members of COPUOS, and the mandate of the LTS Working Group was extended through 2018. The most recent meeting of STSC in February 2018 saw the LTS Working Group reach consensus on nine more guidelines and the preamble text, bringing the total to 21, as well as agreeing to review their implementation and potentially update them. The 21 guidelines represent countries’ best practices across a broad spectrum of space issues.

Though all of the guidelines essentially confirm policies that these nations have been following, they were reaffirmed by this agreement partly because of the Chinese anti-satellite test in 2007 that produced a lot of space junk.

A review of the guidelines reveals them to be mostly sensible and necessary. The problem is that this process is establishing the precedent that such rule-making should apply to all space activities, and it shall be imposed by UN committees of government bureaucrats here on Earth. For example, the process here appears to be entirely political, and involved none of the actual companies that build and produce rockets and satellites.

At some point in the future, such rule-making should be the responsibility of those who work and and live in space. I predict when that time comes, the UN and the political bureaucracies from these nations will be loath to give up this power. Stay tuned for the eventual rebellion that will follow.

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NOAA admits it wants the power to license all camera use in space

7:58 am

Government power grab: At a conference today a NOAA official revealed that its lawyers have decided to liberally interpret federal law so that the agency has the power to license all camera use in space.

According to Tahara Dawkins, director of Commercial Remote Sensing Regulatory Affairs (CRSRA) office,

[p]art of the licensing review for commercial remote sensing systems involves a check of any national security implications of that system, but it’s not clear what issues an onboard camera system, whose views of the Earth are typically low resolution and often obscured by the rocket itself, might pose.

Dawkins said that no previous SpaceX launches had NOAA commercial remote sensing licenses, even though many have flown onboard cameras, including several previous Iridium missions. An April 2 launch of a Falcon 9 from Florida carrying a Dragon cargo spacecraft had no such restrictions, she said, because that was considered a government mission. While the spacecraft is performing a mission under contract to NASA, the launch itself was considered commercial and licensed by the Federal Aviation Administration’s Office of Commercial Space Transportation.

NOAA was not aware of the previous launches that featured onboard cameras. “Our office is extremely small, and there’s a lot of things out there that we miss,” she said. “The onus is on the companies to come to us and get a license when needed.” [emphasis mine]

The highlighted words prove that the big publicity of the Falcon Heavy launch, showing the Tesla with the Earth in the background, instigated this stupidity. This office doesn’t have the slightest idea what is going on. Footage from rocket launches have become routine now for almost a decade. They saw the Tesla images and decided to exert their power, despite the fact that, as the article notes,

Part of the licensing review for commercial remote sensing systems involves a check of any national security implications of that system, but it’s not clear what issues an onboard camera system, whose views of the Earth are typically low resolution and often obscured by the rocket itself, might pose.

This is government overreach at its worst. If Trump is serious about cutting back regulation, he should step it now to shut this down.

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NOAA bureaucracy shuts down SpaceX telecast because stupid

3:05 pm

Government marches on! The NOAA bureaucracy forced SpaceX to shut down its launch telecast this morning because agency bureaucrats had decided that views of Earth in the background were the equivalent of a satellite remote sensing system that the agency is required to regulate.

It was definitely an issue with NOAA, the rocket company said. Apparently NOAA recently asserted that cameras on the second stage of the Falcon 9 rocket, which SpaceX uses for engineering purposes, qualify as a remote sensing system, which are subject to NOAA’s regulation. A provisional license obtained by SpaceX for Friday’s launch of the Iridium-5 mission required it to end views once the second stage reached orbit.

This raises some questions about the real purpose behind NOAA’s action, as the regulation specifically exempts “small, hand-held cameras.” SpaceX intends to obtain a full license for such camera views, and as of now there is apparently no restriction in place for SpaceX’s next launch of a NASA cargo ship from Florida, happening as early as Monday.

One theory put forth is that some bureaucrats at NOAA might not have liked the good press that SpaceX got when it broadcast views of the Tesla in space, launched by the Falcon Heavy, and wanted to exert their petty power. This might not be true. What is true is that this interference by NOAA in SpaceX operations is beyond stupid.

But then, why should be expect anything different from our present federal government?

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Japan creates $1 billion fund for private space start-ups

7:59 am

The new colonial movement: Japan’s government has created a $940 million fund that will be used to help new space companies get started.

The funds will be made available through investments and loans over the next five years, as part of a government-led initiative to double Japan’s more than $11 billion space industry. With less than 20 Japanese space start-ups currently operating, many see this as critical to helping new companies cover costs such as research or applying for patents. “We believe this will be remembered as a turning point for our burgeoning industry,” Takeshi Hakamada, CEO and founder of lunar exploration start-up ispace, said in a statement.

Ispace has received government backing in the past, including during a recent $90.2 million round of funding that included Suzuki Motor and Japan Airlines. Founded seven years ago, ispace is stepping beyond the Google-backed Lunar XPRIZE competition to fund two exploration missions to the moon, with the first by the end of 2019 and the second by the end of 2020.

The Japanese government is setting up an agency to manage the funds and connect start-ups with local talent from organizations such as the Japan Aerospace Exploration Agency or the rocket-building arm of Mitsubishi Heavy Industries. Initially, start-ups will be eligible to each receive about $100,000 in aid to help present concepts to investors. Promising ventures and more mature companies will be able to tap into the rest of the $940 million fund to further development.

More details here.

The most interesting aspect however of this new effort is the decision by Japan to also review its space law in order to encourage private ownership in space.

Japan also announced it is considering new laws and policies that would allow businesses to own plots of land developed on the moon, in a similar manner to the laws passed by the United States and Luxembourg. So far, the U.S. and Luxembourg are the only two countries in the world to have passed laws giving corporations ownership of materials mined in space, but only after they’ve been extracted. That legal framework has seen the tiny European country attract dozens of space companies, with another 70 space companies looking to establish in Luxembourg, according to Deputy Prime Minister Etienne Schneider.

They will find, as have the U.S. and Luxembourg as well as UAE, the United Kingdom, and a number of other countries that have reviewed the Outer Space Treaty, that this legal framework under this treaty will not work well, and still leaves the ownership rights of private companies very vulnerable. To protect property rights in space, either the Outer Space Treaty has to be changed to allow the establishment of national borders and laws, or dumped entirely.

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New spaceport bill becomes law in the United Kingdom

8:39 am

The new colonial movement: A new bill designed to encourage the establishment of private or public spaceports in the United Kingdom has now become law.

If you wish to read the entire law, you can download it here [pdf] My quick review suggests it deals only with the regulations and liability issues necessary to encourage the creation of spaceports, which is confirmed by the language in the press release above.

In other words, the UK punted. Initially there were suggestions this law would try to deal with the property right issues related to the Outer Space Treaty. I suspect that as they reviewed those issues, the government realized they couldn’t do much about them, without changing the treaty itself, and decided to focus on what they could change. This law is aimed at bringing spaceport business to the United Kingdom, and in that I hope it works.

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FCC accuses satellite startup of launching satellites without a license

9:44 pm

Four tiny nanosats built by a California startup that were placed in orbit by India’s PSLV rocket in January now appear to have been launched without an FCC license.

Swarm believes its network could enable satellite communications for orders of magnitude less cost than existing options. It envisages the worldwide tracking of ships and cars, new agricultural technologies, and low cost connectivity for humanitarian efforts anywhere in the world. The four SpaceBees would be the first practical demonstration of Swarm’s prototype hardware and cutting-edge algorithms, swapping data with ground stations for up to eight years.

The only problem is, the Federal Communications Commission (FCC) had dismissed Swarm’s application for its experimental satellites a month earlier, on safety grounds. The FCC is responsible for regulating commercial satellites, including minimizing the chance of accidents in space. It feared that the four SpaceBees now orbiting the Earth would pose an unacceptable collision risk for other spacecraft.

If confirmed, this would be the first ever unauthorized launch of commercial satellites.

The FCC denied the license because the nanosats were so small there is a fear they could become a space junk hazard. The FCC has now vacated an approved license for launching four more Swarm satellites on a Rocket Lab Electron rocket in April because, “The FCC believes that Swarm launched and is operating its original small satellites, despite having been forbidden to do so.”

If this story is true, it illustrates some incredibly stupid decisions by the people running Swarm. The FCC concerns here appear quite reasonable, and the company’s decision to ignore them now means that they might have gambled their entire company away. Moreover, this does harm to Rocket Lab, which has lost a customer.

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George Nield of FAA space office is retiring

7:08 am

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.

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The first launch of NASA’s SLS rocket delayed again

10:59 pm

During the second meeting of the National Space Council today this tidbit was quietly revealed by NASA’s acting administrator:

Acting NASA Administrator Robert Lightfoot acknowledged that the space agency’s heavy-lift rocket, the Space Launch System, would not make its first uncrewed test flight until 2020. The first crewed SLS-Orion mission is still due to take a trip around the moon and back in 2023.

Lightfoot also mentioned that NASA provide support for a 2020 commercial lunar landing.

SLS continues to be this ever receding but very expensive fantasy, scheduled for a future that never arrives, while spending enormous amounts of money that would be far better spent in other ways. The first launch, should it happen in 2020, would be three years later than originally planned, nine years after the initiation of the SLS project, and sixteen years after George Bush first proposed it. For this single unmanned test mission NASA will have spent about $25 billion. Meanwhile, I fully expect Falcon Heavy as well as Blue Origin’s New Glenn to fly numerous times, both costing mere pennies in comparison, and far less time to develop.

The article at the link is not focused on this tidbit. Instead provides a good summary of the National Space Council meeting itself. It increasingly appears, not surprisingly, that the Trump administration is going to focus on streamlining the space regulatory process for commercial space. It is also taking a look at the national security threats to U.S. military assets in space, posed by China and others, which are forcing the military and administration to review how it has been building these assets. Expect a continuing and accelerating shift by the Air Force to many frequently launched smallsats instead big but rarely launched behemoths.

It also appears to me that the Trump administration is treading lightly when it discusses the giant pork projects like SLS. It is partnering closely with all the private companies that build space assets, from the independent commercial space sector epitomized by SpaceX to the traditional big space companies like Boeing and Lockheed Martin. Such a partnership will make it politically difficult to cut the pork that these traditional big companies depend on. Moreover, Trump appears to like these big government projects, as they represent how the U.S. has done space since the 1960s, allowing him to claim credit for a big space project, even if it never flies.

Posted from Beitar just over the green line in the West Bank. I head home late tonight.

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Large study finds saturated fats good!

9:53 am

The uncertainty of science: A new and very large health study has found that eating a high fat diets is actually healthy, and that the previous government dietary recommendations are seriously flawed.

That’s the conclusion of a massive new study published in Lancet that followed 135,335 people in 18 countries on five continents. The study found that consumption of fat was associated with a lower risk of mortality, while consumption of carbohydrates was associated with a higher risk. It found that the kind of fat didn’t matter when it came to heart disease, and that saturated fat consumption was inversely related to strokes.

The researchers say, ever so politely, that “dietary guidelines should be reconsidered in light of these findings.”

I’m not sure this new study should be trusted that much either. Regardless, it does indicate that the field of diet and health has a great deal of uncertainty, and that we should all consider with great skepticism any recommendations from the government, based on that science.

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FAA submits its red tape recommendations to National Space Council

9:22 am

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.

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Another negative op-ed of India’s oppressive draft space law

10:04 am

Link here. Unlike the first negative op-ed earlier this week, the writer of today’s op-ed gets closer to the heart of the problem.

It is proposed that all powers to licence private players to launch and operate “space objects” will rest with the Union government (read DoS). And these powers will be quite sweeping. DoS will not only have powers to “grant, transfer, vary, suspend or terminate licence” but also have powers to inspect books of accounts and other documents of licensees and seek all information about partners, directors, etc.

This is particularly worrying because “space activity” under this proposed law not only covers launch of satellites but also “use of space objects” as well as “operation, guidance and entry of space object into and from outer space and all functions for performing the said activities.” This would technically mean even data companies handling satellite imagery or universities operating ground facilities for their microsatellites may also need a licence. If this is going to be so, it is a recipe for a new “licence raj”.

The writer is of course correct. The law as written gives all power and control to India’s government and its bureaucracy, a sure recipe for discouraging private enterprise. However, this writer also avoids the law’s worst component, that it places ownership of all space objects — rockets, satellites, and what they produce — with the government, not the private sector. Such a rule will not only squelch any commercial space development in India, it will likely cause private companies outside of India from buying India’s launch services. Why would I place my satellite on an Indian rocket if that country’s law means I will then no longer own it?

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Trump shrinks two national monuments significantly

2:46 pm

As he had promised, President Trump today announced that two national monuments, one created by Obama against the wishes of local residents and the second created by Clinton, will be reduced significantly in size.

Trump shrunk Bears Ears by nearly 85 percent and reduced Grand Staircase-Escalante National Monument by almost half. The plan would cut the total amount of land in the state’s red rock country protected under monument status from more than 3.2 million acres (5,000 square miles) to about 1.2 million acres (1,875 square miles).

I think Trump’s statement explains very well the root reasons this is happening.

“Some people think that the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington. And guess what? They’re wrong,” he said in the cavernous Utah Capitol Rotunda in Salt Lake City. “The families and communities of Utah know and love this land the best. And you know the best how to take care of your land. You know how to protect it, and you know best how to conserve this land for many, many generations to come,” he said.

“Your timeless bond with the outdoors should not be replaced with the whims of regulators thousands and thousands of miles away. They don’t know your land, and truly they don’t care for your land like you do.”

The establishment of the national parks and monuments involved a lot of good intentions, and we all know where that leads. Today it has led to most of the land in the western states controlled by an oppressive bureaucracy in Washington that doesn’t have the resources to manage the land properly, but has the power to make the lives of the local population quite miserable. And they sadly do both, quite thoroughly.

In the eastern states there are few national parks. Instead, the land was controlled by the states, who treated the natural resources there most reasonably, and at the same time allowed for their citizens to live and work and take advantage of those resources. This is how our federal system of government is supposed to work, and Trump’s action today is merely the first step in shifting policy back in that direction.

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The corruption in Washington DC

10:52 am

If you think there has been any draining of the swamp in Washington DC with recent elections, think again. The passage this weekend of the new tax package illustrates that the Republican-led Congress really is little different than the Democratic-led Congress that passed Obamacare without reading it.

PJMedia asked Rounds if he would have time to read the full text before casting his vote.

“No, because the entire bill, there’s two separate parts, first of all, there’s a summary of what each of the parts does, that part we’ve been able to read. The actual text itself will be completed and then it will go into a conference committee where it will come back out again. So most of us have looked at all of the analysis of each one of the sections, section-by-section, that part has been completed,” Rounds told PJM on Capitol Hill on Friday evening.

“But there will still be more work to be completed in terms of the actual fine language within the bill itself.”

In other words, we need to pass the law to find out what’s in it.

This stinks. Though there is some evidence that the new tax law will lower taxes (which generally is a good thing), no one really knows what the law’s full consequences will be. A responsible Congress would never pass such a thing. Congresses before the 1960s never did.

Laws are made of words. If you vote for a law but don’t know the words that actually make up the law you guarantee that some of those words will impose tyranny. This process, and the law that results, is no different than Obamacare, and will likely result in similar disasters.

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