Tag: regulation

FAA’s space bureaucracy chief touts desire to limit his agency’s regulatory fist

10:18 am

Wayne Monteith, the man in charge of the FAA’s office of commercial space — which is tasked with regulating commercial space — revealed in a speech on August 25, 2021 that his goal is to speed that industry’s growth, not hinder it with odious regulations.

Wayne R. Monteith, a retired Air Force general who served for years in space billets in Colorado Springs is now the FAA’s associate administrator for commercial space transportation. He told a Space Symposium crowd at The Broadmoor Wednesday that to a large extent, he’s trying to keep his agency out of the way of the rush to space. “A regulatory agency can either be an accelerator or an inhibitor of industry,” he said. “We choose to be an accelerator.”

Sounds good, doesn’t it? Don’t be so sure. While right now Monteith noted that the agency is taking a laissez-faire approach to anyone who wants to fly in space, acting only to make sure space accidents will not harm “the uninvolved public,” he also said this in his speech:

Monteith warned, though, that mishaps for manned space flight that escalate to what he called “catastrophe,” have consequences. “The worst case is a catastrophic failure,” he said. “Then, we will regulate.”

In other words, he recognizes that if he tried now to impose his bureaucratic will on commercial space, it would not fly politically. What he really needs to expand his power is some space accident, a crisis you might say, that he can then use to convince others that he should be controlling things more.

Based on the response of the press, public, and American culture in the past half century, his thinking is quite sound. Routinely since World War II, as soon as something goes wrong in any field of endeavor the American public and political class has repeatedly wanted the government to move in and take greater control, under the false premise that somehow the government can prevent further failures.

Instead, we have accomplished less, and fueled the rise of an all-powerful bureaucracy capable and quite willing to squelch achievement. This is the pattern that Monteith is relying on, and based on recent history, he is entirely justified in believing so.

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Amazon protests SpaceX’s Starlink plan to FCC

9:23 am

Amazon on August 25, 2021 filed a protest with the FCC against SpaceX’s proposed expansion of its Starlink constellation that would allow almost 30,000 satellites to be launched.

“Should the Commission depart from its rules and precedent and endorse the approach of applying for multiple, mutually exclusive configurations, the consequences will extend far beyond the SpaceX Amendment,” wrote Mariah Shuman, corporate counsel for Amazon’s broadband megaconstellation venture Project Kuiper, in an Aug. 25 letter to the FCC. “However inefficient this strategy might be for the Commission and parties responding to applications, other prospective licensees will surely see the benefit in maximizing their optionality by describing multiple configurations in their license applications.”

Shuman asked the FCC to “dismiss SpaceX’s Amendment, and invite SpaceX to resubmit its amendment after settling on a single configuration for its Gen2 System.”

It appears Amazon does not want the FCC to approve multiple proposed satellite configurations put forth by SpaceX in a single application. Instead, it wants the FCC to force SpaceX to pick one, and submit that alone. It also appears that doing what Amazon requests would be more in line with past FCC policy.

While Amazon might have a point, the optics once again make another Jeff Bezos’ company look ugly, more interested in using the courts to stymie its competitors than actually launching anything. Amazon’s Kuiper internet constellation was first proposed in early 2019. More than two years have passed and none of its more than 3200 satellites have launched — not even one test satellite — with no clear indication yet on when launches will finally begin.

SpaceX began testing its Starlink system in 2018, and already has about 1,700 operational satellites in orbit. The comparison between the two companies is stark, and not favorable to Amazon.

In fact, Elon Musk was not shy in taking advantage of these optics to note them quite sharply in a tweet yesterday, saying, “Turns out Besos [sic] retired in order to pursue a full-time job filing lawsuits against SpaceX.”

Amazon is not Blue Origin, but both companies were founded by Bezos, and it appears right now that both prefer court battles to rocket engineering.

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Today’s blacklisted American gets an apology from Illinois regulators for threatening his medical license for opinions they didn’t like

2:39 pm

Today’s blacklist story is actually an update from my blacklist story two days ago about Dr. Jeremy Heinrichs, who because he had publicly expressed strong skepticism about the mask mandates being imposed by his state government in Illinois, had been threatened with the loss of his medical license by state regulators.

It appears those regulators have now quickly apologized for getting caught acting like jack-booted thugs.

“The initial response to your inquiry requested information that the Department does not need,” Dina Martin, an attorney with the Illinois Department of Professional and Financial Regulation, said in a letter to Henrichs’ legal counsel. The department had originally asked for “a detailed statement on your opinion about masks, and whether you support and will enforce a mask mandate based on your elected position as a school board member.”

“I sincerely apologize for the tone and content of those communications,” Martin said in her August 19 letter, obtained by Just the News.

It also appears that the regulators plan to drop their complaint investigation.

This is how you treat bullies. You don’t back down. You don’t apologize. And you certainly don’t hide in shame out of fear their unjustified attacks will hurt you. No, you fight back hard, and brightly expose them for all to see. Like all bullies they will immediately back off themselves, especially if their attack has no merit (which is almost always the case).

There is no indication however that the regulators who sent those improper initial communications have been punished in any way. I expect not. The Illinois government got caught this time, but has no intention of preventing this from happening in the future. If anything I expect the government has simply asked these employees to lay low for awhile and try the same thing again later, in the hope that others will be more easily intimidated.

To really fix this the voters need to fire everyone in these governments, from the Democratic Party elected officials who control Illinois to the lowest bureaucrat who thinks such behavior can sometimes be justified.

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Today’s blacklisted American: Illinois threatens to cancel doctor’s license because it doesn’t like his opinions

3:46 pm

The Bill of Rights cancelled in Illinois
No first amendment in Illinois

They’re coming for you next: State regulators in Illinois are threatening to take away a medical license of a doctor, Jeremy Heinrichs, because he has publicly challenged the mask mandate being imposed by his state government.

In a provided statement, Henrichs said: “I have considered authoritative medical evidence that questions the necessity of mandatory masking in our schools. As a result, the [Illinois Department of Financial and Professional Regulation] has threatened my medical licensure unless I expressly support and enforce a mask mandate for all students.

“The [IDFPR] has commanded me to ‘toe the line’ or suffer personal and professional consequences,” he added.

…In a separate email, a state medical investigator, whose name was redacted from the email, said a complaint filed against Henrichs “appears to be a parent or concerned citizen who did not agree with the doctor’s opinion on the masking motion for schools. That would fall under the unprofessional conduct part of the medical practice act,” the email said. “What the medical disciplinary board wants to know is if the doctor will support and enforce the mask mandate by the Governor.”

» Read more

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Update on Starship/Superheavy preparations for orbital test flight

9:15 am

Starship prototype #20 being prepped
Screen capture from Labpadre live stream, available here.

Link here. In sum it appears that SpaceX is getting very close to launch, with the permit approval of the FAA increasingly becoming the biggest obstacle to progress.

Although the completion of all of this testing could take a long time, in Elon Musk’s mind, the path to returning B4 and S20 to being an integrated stack could be during this month.

A week ago, Musk tweeted that the “first orbital stack of Starship should be ready for flight in a few weeks, pending only regulatory approval.” Ultimately, once the vehicle is in its launch configuration, there will be a lengthy process of passing the aforementioned regulatory approval, with an environmental public comment period triggered ahead of launch. This has to be completed before the launch license can be granted by the Federal Aviation Administration (FAA).

The screen capture above shows Starship prototype #20 sitting on the suborbital flight test pad, as workers on cherry-pickers work on its exterior. The orange, green, and white tiles are likely tile locations still needing some level of installation work.

Based on SpaceX’s normal pace of operations, the engine testing for both Starship and Superheavy will take several weeks, once both are ready for such testing. While Starship appears just about ready, Superheavy apparently needs more work. When SpaceX stacked both together on the orbital launchpad several weeks ago, it suggested both were closer to launch than they were. Their present status suggests engine testing will likely begin in September, with Starship at the beginning of the month and Superheavy at the end of the month. That would make a launch possible sometime in late October, assuming the federal government doesn’t decide to shut this entire operation down by refusing to issue a permit.

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Eric Berger: FAA regulators should get out of the way

10:16 am

In a essay today for Ars Technica, Eric Berger makes note of the progress that SpaceX is making on its Starship/Superheavy rocket, and points out that the one major obstacle that SpaceX cannot control and that stands in its way is the revised “environmental assessment” the FAA still must approve to permit the rocket to launch from Boca Chica.

Perhaps the biggest hurdle of all will be clearance from the Federal Aviation Administration, which is working with SpaceX to conduct an environmental assessment of launching such a mammoth rocket from these South Texas wetlands. After a “draft” of this assessment is published, there will be an approximately 30-day period for public comments. This will be followed by other steps, including a determination by the FAA on whether SpaceX’s proposed environmental mitigations will be enough or if more work is required.

The stacking of the rocket late last week, and the photos released by Musk of that stacking, Berger sees as Musk’s effort to quietly apply pressure on those bureaucrats to get their work done already. As he writes, “Holding back Starship means holding back this progress, Musk wanted regulators to understand.”

Read the whole essay. In addition to illustrating the poltical games required by SpaceX to get past the stifling rules of our modern government, it very nicely shows how America has changed since the early 20th century. Then, no such regulators stood in the way, and Americans were thus about to build fast and with great skill, reshaping the cities of the world forever.

Though I expect the politics of the moment to favor SpaceX, forcing the FAA to get its work done quickly to allow the rocket to take off as planned, this is only going to happen because of the political clout SpaceX has with the public, and thus with politicians. For small companies no such clout exists, and thus expect U.S. innovation to continue to suffer in the coming years because we have given our govenrment too much power over our lives.

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Rocket Lab shifts another launch from Virginia to New Zealand

12:15 pm

Foot-dragging by NASA bureaucrats has apparently forced Rocket Lab to shift the launch of its CAPSTONE lunar orbit cubesat from its new launchpad in Wallops Island, Virgina, to its New Zealand launchpad.

CAPSTONE would be the second Rocket Lab mission in recent weeks that shifted from Virginia to New Zealand. The most recent Electron launch July 26 placed into orbit Monolith, a smallsat developed by the Air Force Research Laboratory. Monolith was originally going to launch on the first Electron mission from Virginia.

Rocket Lab said at the time that it shifted the launch of Monolith because of ongoing work by NASA to certify the software for the rocket’s autonomous flight termination system. A NASA spokesman said in July that the agency expected to complete certification of the unit by the end of the year.

Note too that Rocket Lab had originally hoped to launch from Wallops in 2020, but was forced to delay that launch to 2021 then because of NASA’s inability to approve this system. Now it looks like they won’t be able to launch in ’21 either.

This flight termination system is likely the same one that Rocket Lab has successfully used now for four years and more than twenty launches in New Zealand. Why it should take NASA literally years to approve it is shameful. As I wrote in November,

While I have no evidence of this, I cannot help being suspicious of these various government agencies. For years numerous people in the government put fake roadblocks up to slow or stop SpaceX’s first manned launch, merely because it threatened their turfs. This autonomous termination system will make the ground crews at Vandenberg and at Cape Canaveral irrelevant, and I would not be surprised if some of these issues were drummed up to delay or block this system because of that.

I know I am being cynical, but based on history it is not unreasonable to be so.

I think we are seeing evidence now that my cynicism was entirely justified.

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United Kingdom passes comprehensive spaceflight regulations

10:39 am

Capitalism in space: As required by the Outer Space Treaty as well as to lay a framework for commercial and private space launches from within the United Kingsom, the UK this week passed new comprehensive spaceflight regulations that appear modeled closely after already existing regulations in the United States.

From the government’s press release:

The legislation provides the framework to regulate the UK space industry and enable launches to take place from British soil for the very first time. It will unlock a potential £4 billion of market opportunities over the next decade, creating thousands of jobs and benefiting communities right across the UK.

This also puts the UK in a unique position as the first country in Europe able to launch spacecraft and satellites from home soil. This could lead to better monitoring of climate change, as well as improved data for satellite navigation systems, improving journeys right here on the ground, too.

The full law can be read here. It is long, so I have not reviewed it entirely, but it does seem to be closely modeled after several U.S. laws, including the 2004 Space Amendments Act that presently guides FAA regulation and licensing of commercial space launches. The UK even gave its own Civil Aviation Authority (CAA) the same job the FAA has in the U.S.

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Musk donates more big money to revitalizing downtown Brownsville

12:57 pm

It appears that a charitable foundation established by Elon Musk has recently decided to up its donations to the Brownsville Community Improvements Corporation by an extra $1 million, the money aimed at helping to revitalized the downtown of Brownsville, the nearest large city to SpaceX’s Boca Chica spaceport.

The donation was revealed during remarks by Josh Mejia, executive director of the Brownsville Community Improvements Corporation, during a Brownsville developers luncheon .

In his remarks, Mejia, pictured above, gave an update on the e-Bridge Center and other quality of life improvements coming to Brownsville. But, he received the biggest applause when he mentioned inward investment by Elon Musk. “I was texting back and forth with my board members and about 45 minutes ago I receive an email from the Musk Foundation. It is like perfect timing. It is like they know we are here. Well, they just mentioned they donated another million (dollars) towards this program. So, now we have $2 million,” Mejia said. The audience cheered.

This donation is all part of the modern game that requires big business enterprises to make payoffs to local and national politicians and “community activists.” Both Elon Musk and Jeff Bezos know this, and are playing the game to hilt. Both know that the politicians and “community activists” have been telling them, “Nice business you got here, shame if something happened to it.” Bezos responded by donating big to DC’s Air & Space museum, while spreading the wealth to many space advocacy groups.

Musk is instead focusing his payoffs to the local community, where it might do the most good for both him and the locals that his business affects. This donation is not the first he has made to Boca Chica, Brownsville, and south Texas. His foundation has also donated $20 million to the county schools, and another $8 million for other downtown Brownsville projects. The results, obviously helped by the business SpaceX is also bringing to the town, have been noticeable.

In the months since Musk pledged his $10 million, at least 10 downtown properties have gone under contract with interested buyers, said real estate broker Bob Torres Jr. Buildings that used to lease for 25 cents a square foot are now leasing for $1 to $1.50 per square foot.

Home prices have increased nationwide due to the pandemic and low inventory. In Brownsville, this trend has been exacerbated by SpaceX. “People are buying houses sight unseen from Washington state, Portland, Oregon,” Torres said. “They’re going above the asking price, which hardly ever happens.” Real estate broker Bruno Zavaleta III had a client drive from Atlanta and buy three houses.

According to the Brownsville/South Padre Island Board of Realtors, the median price for a home in Brownsville was $212,900 in June, up 47 percent from June 2020. To help with inventory, Esperanza Homes is building 675 houses in northern Brownsville. It will develop this master-planned community over the next six to eight years with a nonprofit community housing development organization called “come dream. come build.”

This pumping of donations by Musk to the local community however will not sell well with the mafia in Washington. The money isn’t going to them, and bullies don’t like that, even if the money is really doing good. Bezos understands this. It doesn’t really matter if the money he donates accomplishes anything real. What matters is that he has paid off the thugs who could make big trouble for him in the future.

Right now it is unclear who’s strategy will work best for protecting each company’s interests. Much will hinge on what each company actually accomplishes in the next few years. SpaceX is clearly ahead in this area, but Blue Origin can certainly catch up.

Hat tip Robert Pratt of Pratt on Texas.

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Thailand’s government approves new space law

10:00 am

The new colonial movement: The cabinet of Thailand has approved a new space law that will establish a space agency and establish a regulatory framework for both its private and public space industry.

The core principles included the planning of a policy to support both state and public sector participation in a “new space economy”, the creation of a national space policy committee to draw up space policy. The bill also sets up a national space administration agency to perform secretarial tasks for the national space policy committee, with a director that will have the power to appoint officials.

As the language of the bill is not available, it is unclear exactly what the bill does, other than establish a government framework for Thailand’s space industry. Its passage however illustrates the growing international passion for joining the new commercial effort in space. Thailand apparently does not wish to be left behind.

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FAA threatens shutdown of SpaceX’s Starship program at Boca Chica

9:33 am

Banned by the FAA?
Starship banned by the FAA?

They’re coming for you next: An FAA official revealed yesterday that the agency has not approved the launch tower that SpaceX is building for its Starship/Superheavy rocket in Boca Chica, Texas, and threatened that if disapproved the government would force the company to tear it down.

The Federal Aviation Administration warned Elon Musk’s SpaceX in a letter two months ago that the company’s work on a launch tower for future Starship rocket launches is yet unapproved, and will be included in the agency’s ongoing environmental review of the facility in Boca Chica, Texas. “The company is building the tower at its own risk,” an FAA spokesperson told CNBC on Wednesday, noting that the environmental review could recommend taking down the launch tower.

The FAA last year began an environmental review of SpaceX’s Starship development facility, as Musk’s company said it planned to apply for licenses to launch the next-generation rocket prototypes from Boca Chica. While the FAA completed an environmental assessment of the area in 2014, that review was specific to SpaceX’s much-smaller Falcon series of rockets.

This revelation from FAA officials is most interestingly timed, coming on the same day as this garbage article about the terrible environmental damages some activists imagine SpaceX’s launch facility might someday cause. As is usual for a mainstream news source, the article makes no reference to the wildlife preserve that surrounds the Kennedy Space Center in Florida, where we have empirical proof for more than a half century that a spaceport does no harm to the environment and actually acts to protect it from development.

Nor was this the only such attack article in the past two days. Here is just a sampling:
» Read more

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FAA initiates new prelaunch air space clearance system

9:33 am

FAA has now begun using a new prelaunch air space clearance system that is intended to shorten the time airplane travel is disturbed by the scheduled launch of a rocket.

[The FAA] developed the Space Data Integrator (SDI) tool to reduce how long ATO must close airspace around space launches and reentries. The system is voluntary. SpaceX, Blue Origin, Firefly, and the Alaska Aerospace Corporation are current partners. SDI was first used operationally for SpaceX’s Transporter-2 launch last week and is being used for the SpaceX-22 Cargo Dragon reentry today.

…Space operators now are voluntarily sharing telemetry data including vehicle position, altitude and speed, as well as data if the vehicle deviates from its expected flight path. Asked when additional companies might join, Monteith said he would have to defer to ATO to answer that question.

…Using the automated SDI system coupled with “time-based procedures and dynamic windows,” the FAA expects to be able to shorten airspace closures “from an average of more than four hours per launch to just more than two hours” and eventually less.

The article makes no mention whether this new system will allow the FAA to shrink the closure areas as well, which was Elon Musk’s main complaint after SpaceX’s Transporter-2 launch near the end of June was scrubbed seconds before launch when a helicopter slipped into that airspace. As Musk wrote in a tweet,

Unfortunately, launch is called off for today, as an aircraft entered the “keep out zone”, which is unreasonably gigantic. There is simply no way that humanity can become a spacefaring civilization without major regulatory reform. The current regulatory system is broken.

I suspect there is discussion to reduce the size of the closure areas, but I also suspect that the FAA is resisting industry calls to do so.

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