Bureaucracy Around Private Spaceflight Must Be Tamed for US to Stay on Top, Experts Say

A SpaceX Falcon 9 rocket, with the Dragon capsule and a crew of four private astronauts, lifts off from pad 39A, at the Kennedy Space Center in Cape Canaveral, Fla., on May 21, 2023. (John Raoux/AP Photo)

Experts in the growing field of commercial space flight say the United States must develop coherent policies and regulations to remain a leader in space.

They say American entrepreneurs have made significant progress in developing the equipment and practices to make commercial space travel safe and economically viable.

Still, there is more work to do.

The expiration of a “learning period”—which restricts federal regulation of the industry—in late September could hamper further progress, said Karina Drees, president of the Commercial Spaceflight Federation,

“It is a critical time for our industry,” Ms. Drees said.

Ms. Drees and others in the commercial space travel business testified before the House Committee on Science, Space, and Technology on July 13.

Astronaut Buzz Aldrin walks on the surface of the moon near the leg of the lunar module Eagle during the Apollo 11 mission in 1969. (NASA)

Commercial space travel was first outlined in the Outer Space Treaty of 1967, according to a hearing charter released by the House committee. This multilateral agreement was hammered out by the only two space-faring nations at that time, the United States and the Soviet Union.

The Soviet Union wanted the treaty to restrict space travel to nation-states only. The United States favored giving private enterprises a role in space exploration. They compromised in Article 6.

Article 6 of the treaty requires each signatory to bear “international responsibility for national activities in outer space ... whether such activities are carried on by governmental agencies or by non-governmental entities.”

Private Space Flight Takes Off

Until Sept. 9, 1982, that passage was an academic statement that might be an issue in the future.

On that day, on Matagorda Island, Texas, Space Services Inc. launched Conestoga 1. It was the first privately funded rocket to successfully lift off and make it into orbit over the Earth. It was not the last.

It was also the first time commercial space travel companies encountered permitting and licensing issues.

Space Services Inc. spent a tremendous amount of time and money dealing with as many as 17 agencies to arrange that first launch.

Witnesses at the congressional hearing told the committee that not much has changed. But it needs to, they said.

“Space is heating up,” said John Dunstan, general counsel for Tech Freedom. “That’s great for me as a practicing space lawyer. But highly dangerous for our country.”

(Back, L–R) Ali al-Qarni, John Shoffner, Rayyanah Barnawi, and Peggy Whitson, who traveled to the International Space Station on a privately owned space craft, pose for a picture with the station's residents on May 22, 2023. (NASA TV via AP)

According to its website, Tech Freedom is a nonprofit, nonpartisan think tank in Washington that promotes technological progress.

The Federal Aviation Administration (FAA) licenses commercial space flights. According to the committee, since 1989, over 560 launches and 38 reentries have been approved. More than 40 percent of them occurred between fiscal year 2018 and fiscal 2022. There were 80 licensed launches in the first nine months of fiscal 2023, more than in the previous year.

Congress established the learning periods as part of the Commercial Space Launch Amendments Act of 2004. These eight-year periods were to restrain government regulation so spaceflight entrepreneurs could innovate and find ways to make spaceflight safe and economically feasible.

The end of the current learning period at the end of September would set the stage for government agencies to begin writing regulations that could inhibit further innovation.

Informed Consent Required

The act also requires spaceflight providers to show informed consent from all passengers. They must also educate all participants on the hazards of spaceflight and provide their safety records before each launch.

Caryn Schenewerk, president of CS Consulting LLC, said that the learning period should be extended and the bureaucracy tamed to encourage more innovation. She said obtaining a license is a multiyear process that requires contacting a wide variety of agencies.

“We have not yet achieved a one-stop shop approach,” Ms. Schenewerk said.

Other countries have learned from the United States and have set up more efficient permitting and licensing systems, she said. Many of them still depend on U.S. and Russian technology.

Ms. Schenewerk said it is essential for the United States to address these issues before it loses its place as a leader in space.

Mr. Dunstan said part of the problem is that current law is written for Earth. He said that agencies like the FAA can regulate launches and reentries, and the Environmental Protection Agency can monitor spaceflight-related pollution, such as space debris that drops to Earth.

Still, there is little in the way of space law.

Risk Is Involved

Ms. Schenewerk agreed. She said there is insurance coverage for space vehicles, but individuals must understand the risk they take when they go into orbit.

“If you’re in space, you’re accepting the risk of being in space,” she said.

Josef Koller, co-founder of the Space Safety Institute, said that commercial spaceflight companies must also focus on safety. While significant work has been done to make the vehicles safe for launch and reentry, there is still one glaring gap.

Mr. Koller said the June 18 OceanGate tragedy, in which the Titan submersible imploded during its descent to tour the wreck of the Titanic, has one issue in common with current space vehicles. In an emergency, the crew and passengers are on their own.

“We do not have anything in place for space rescue,” Mr. Koller said.