Novel Space Activities Need Regulatory Oversight Clarity, Says Rep. Babin

Emerging commercial space applications that fall outside existing regulatory regimes are driving the need for clarity about what agency is responsible for what, House Space and Aeronautics Subcommittee Chairman Brian Babin said Wednesday. Speaking at the annual FAA Commercial Space Transportation Conference in Washington, the Texas Republican was critical of the White House's proposed novel space activities authorization framework. Instead, he talked up his Commercial Space Act. In addition, multiple space regulators from other nations spoke about needing a more-uniform launch regulatory regime that would clear the path to reciprocal launch licenses.

Pointing to the FCC's orbital debris regulatory effort and Homeland Security's cybersecurity work on space operators, Babin said multiple agencies are increasingly involved in the space domain. Because some novel activities don't neatly fit into existing regulatory regimes, a perception of uncertainty is created, which the Commercial Space Act (HR-6131) would address. Under it, Commerce would be a one-stop regulatory shop for all space activities that existing licensing regimes don't address, he said.

Babin also spoke of "serious concerns" with the White House's novel activities framework, unveiled in December. Instead of a one-stop shop, it would split regulatory authority over novel activities between DOT and Commerce, Babin said. Areas of potential overlap between the two could mean delays and confusion, he added. He said it also gives those agencies overly broad authority in regulating activities in the private sector.

Babin said Congress is closely monitoring the FAA's effort toward a more streamlined launch and reentry rules regime and how that affects commercial space operations. The FAA's overhaul three years ago of its Part 450 rules, governing launch and reentry, has room for improvement, said Kelvin Coleman, FAA Office of Commercial Space Transportation (AST) associate administrator. He said AST will create a Part 450 rulemaking committee to consider further improvements. That effort should kick off by fall, he added. Fall also should see an initial rollout of AST's online launch application portal, which will provide a step-by-step process and allow two-way communication between FAA and applicants, he said.

The U.S. five years ago was averaging a private sector launch per week, and last year averaged a launch every three days, Coleman said. The 124 total commercial space operations last year were up 50% from 2022's numbers, he said. Last month was the single busiest month for commercial space ever, with 13 launches; the previous record was 12, he said. Coleman called on the commercial space sector to come up with voluntary standards, saying that could lead to quicker application review times. He urged that operators do a better job filing complete applications, which will minimize amendments and "go-backs" that delay the review process.

Common operating standards for launchers would help in the goal of letting operators easily move from location to location in different countries, said Paul Cremin, U.K. Department of Transport's commercial spaceflight head. International Traffic in Arms Regulations rules also are a barrier for U.S. space companies that want to operate globally, he said. As the pace of commercial launches grows, there will be a global problem soon with launch pad capacity, Cremin said. He noted the U.K. and U.S. are near an agreement creating a launch license cooperative framework that would ease the path for companies to obtain a launch authorization that is valid in either nation. He said once that deal is struck, it could be a model for further agreements with other nations and that conversations are underway with other Western nations.

Having a far-more frequent pace of launches worldwide would necessitate a comprehensive international system like aviation has, said Giovanni Di Antonio, Italian Civil Aviation Authority director-technological innovation. In the future, he anticipates low earth orbit operations will be treated more like aviation than space operations. First, a comprehensive alignment on issues like safety is needed, he said.