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October 1, 2021

Commercial Human Spaceflight
Recent commercial flights to space by wealthy
businesspeople and other private individuals have attracted
interest both in Congress and among the general public.
This In Focus summarizes current capabilities and plans for
commercial human spaceflight, explains how it is regulated
and licensed, defines some commonly used terminology,
and discusses selected policy issues that may be of interest
to Congress.
Capabilities and Plans
The first nongovernmental flight to carry a human into
space took place in 2004. An experimental rocketplane
called SpaceShipOne, launched from beneath a carrier
aircraft, briefly reached an altitude just above 100
kilometers (62 miles), which is one common definition of
the boundary of space. SpaceShipOne, developed by
Mojave Aerospace Ventures, made two additional
suborbital flights later in 2004 but was then retired.
In 2020, SpaceX became the first company to launch
humans into Earth orbit, using its Crew Dragon capsule and
Falcon 9 rocket to deliver astronauts to the International
Space Station (ISS) under contract to the National
Aeronautics and Space Administration (NASA). Crew
Dragon's first non-NASA mission, a three-day flight
carrying four private individuals, took place in September
2021 (see Figure 1). SpaceX is also developing a larger
spacecraft called Starship for future human flights to Earth
orbit and beyond.
In December 2018, Virgin Galactic flew an aircraft-
launched rocketplane called SpaceShipTwo, carrying a
crew of two, to an altitude just above 50 miles (80
kilometers), another definition sometimes used for the
boundary of space. In July 2021, a subsequent flight of
SpaceShipTwo drew public attention because it carried,
among others, Virgin Galactic founder Richard Branson.
The anticipated future market for SpaceShipTwo is space
tourism.
Also in July 2021, Blue Origin flew its New Shepard
spacecraft to an altitude just above 100 kilometers,
carrying, among others, Blue Origin founder Jeff Bezos.
Like SpaceShipTwo, New Shepard's anticipated future
market is space tourism.
As a competitor to SpaceX's Crew Dragon, Boeing is
developing the Starliner spacecraft, to be launched into
orbit atop an Atlas V rocket made by United Launch
Alliance. The first crewed demonstration flight of Starliner
is anticipated in 2022, under contract to NASA.

Regulation and Licensing
In the United States, commercial space launch and
reentry-whether carrying humans or just cargo-are
regulated and licensed by the Department of Transportation,
via the Office of Commercial Space Transportation in the
Federal Aviation Administration (FAA). These functions
are authorized by the Commercial Space Launch Act (P.L.
98-575), as amended (51 U.S.C. Chapter 509).
Implementing regulations are at 14 C.F.R. Chapter III.
Commercial space launch operators must obtain a license
from the FAA. There is no fee for this. Most of the
requirements for obtaining a launch license are similar,
whether or not the planned launch will carry humans. In
most cases, the FAA is explicitly prohibited from issuing
regulations to protect the health and safety of humans
aboard commercial spacecraft. That prohibition, which the
law describes as a learning period, was intended to avoid
burdening a nascent industry. The learning period was
initially scheduled to expire in 2012. It has been extended
several times, most recently to October 1, 2023.
In lieu of FAA regulations for occupant safety, the
Commercial Space Launch Act takes an informed consent
approach. Operators must notify spaceflight participants
(i.e., occupants who are neither government astronauts nor
crew employed by the operator) about the risks of launch
and reentry and inform them in writing that the U.S.
government has not certified their spacecraft as safe.
Participants must then provide written informed consent.
In anticipation of the end of the learning period, the U.S.
Commercial Space Launch Competitiveness Act (P.L. 114-
90) directed the FAA to facilitate the development of
voluntary industry consensus standards to improve human
occupant safety; report to Congress on the progress of those
standards; and by December 31, 2022, report on its
assessment of the industry's readiness to transition to a
safety framework that may include FAA regulations.

ittps://Crsreports.congress.gt

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