Yesterday House and Senate conferees released the final, compromise version of a long-delayed FAA reauthorization bill that Congress is expected to pass in the coming days. While the debate about the bill revolved primarily around labor provisions in the bill, the commercial space transportation industry was waiting to see if it would contain an extension of a provision in the Commercial Space Launch Amendments Act (CSLAA) of 2004 that restricts the ability of the FAA to enact safety regulations for crew and spaceflight participants on FAA-licensed launched. That restriction expires eight years after the CSLAA’s enactment, or December 23rd of this year. The House version of the FAA reauthorization would amend the CSLAA by keeping the restriction in place until eight years after the first licensed flight of a spaceflight participant, while the Senate version had no language about the CSLAA.
The conference report version of the FAA reauthorization bill gives the industry a partial victory. Section 827 of the bill (on page 318), tucked away in the “Miscellaneous” section of the bill between sections on air passenger screening privacy and air transportation of lithium batteries, extends the current restriction on safety regulations, but only to October 1, 2015. The joint statement of managers of the conference report provides a few more details, on page 152 of the PDF document: “Nothing in this provision is intended to prohibit the FAA and industry stakeholders from entering into discussions intended to prepare the FAA for its role in appropriately regulating the commercial space flight industry when this provision expires.”
Update: Congressman Kevin McCarthy (R-CA), whose previously spoke out in favor of an extension of that CSLAA provision, issued a press release today taking credit for getting at least a limited extension into the final bill. The release quotes from several industry officials as well—Eric Anderson of Space Adventures and the Commercial Spaceflight Federation, Jeff Greason of XCOR Aerospace, Mirk Sirangelo of Sierra Nevada Corp., and George Whitesides of Virgin Galactic—praising the extension. McCarthy, the House majority whip, serves a district that includes the Mojave Air and Space Port, a hub of entrepreneurial space activity.
Well, at least it buys some time. We can continue to work on a full extension in future sessions.
I said CSLAA was a bad idea when it was first passed, and I stand by that now. All it did was hand power to the FAA and Congress to restrict commercial activities in space. Even with this extension space commercial companies remain at the mercy of Congressional action or FAA regulation, neither of which is really interested in helping this new industry.
Ideally, the bill should be repealed. Realistically, that isn’t going to happen, so the best thing that can happen is for this new industry to make as much progress as fast as possible, making as much money as they can, so that they can garner enough political clout to fight the regulatory burdens the law puts on them. Maybe eventually they will be powerful enough to force the law’s revision or repeal.
I said CSLAA was a bad idea when it was first passed, and I stand by that now. All it did was hand power to the FAA and Congress to restrict commercial activities in space.
Bob, it has had that power ever since we signed the OST in 1967. The current legislation is the least painful way for them to exercise it. There is a long history there.
I have heard the FAA manager for space discuss the issue and I don’t believe it is accurate to say the FAA is not interested in promoting commercial human spaceflight any more than it is opposed to airline operations. Pilots of experimental aircraft are free to accept considerable risk, while the public expects some degree of safety. What regulations are really needed is an evolving question and the agency is making an honest effort to communicate with the industry and the public to identify the most reasonable approach.
“Even with this extension space commercial companies remain at the mercy of Congressional action or FAA regulation, neither of which is really interested in helping this new industry.”
Since when hasn’t commercial companies and industries been at the mercy of congress to pass laws that restricts/taxes them?
I have heard the FAA manager for space discuss the issue and I don’t believe it is accurate to say the FAA is not interested in promoting commercial human spaceflight any more than it is opposed to airline operations.
FAA-AST is the only part of the FAA that retains a charter to promote the industry, since the change after the ValuJet disaster.