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1 1 (May 19, 2023)

handle is hein.crs/govelrz0001 and id is 1 raw text is: Congressional Research Service Inforrming the legislative debate since 1914 May 19, 2023 Commercial Space Launch and the April 2023 Starship Mishap The commercial space industry, including the launch sector, has been expanding rapidly (see Figure 1). A mishap during a test of a new rocket in April 2023 has drawn congressional attention to issues such as federal regulation and licensing of commercial space launch, safety and liability, and the use of commercial space capabilities by the National Aeronautics and Space Administration (NASA) and other federal agencies. The April 2023 Mishap Space Exploration Technologies Corporation (SpaceX) is developing a new, very large rocket called Starship. It is designed to be the most powerful rocket ever built. On April 20, 2023, a test flight of Starship from a SpaceX- owned launch site in Boca Chica, TX, flew for about 4 minutes, reaching an altitude of about 24 miles. At that point, problems with several of the engines caused SpaceX to order the rocket to self-destruct. SpaceX collected a significant amount of data from the test flight, and from that perspective the test was at least a partial success. However, not everything went according to plan. Along with the early termination of the flight, the rocket engines caused extensive damage to the launch pad, a fire was started on parkland near the launch site, and debris from both the destroyed rocket and the damaged launch pad was scattered over a wide area, raising concerns about both safety and environmental impact. Shortly after the mishap, a group of environmental and cultural-heritage organizations filed a lawsuit against the Federal Aviation Administration (FAA), which has the responsibility for regulation and licensing of commercial space launch, for authorizing the Starship launch. The lawsuit seeks to revoke the Starship launch license and require the preparation of an environmental impact statement before a new license can be issued. How Does the Federal Government Regulate and License Commercial Space Launch? In 1984, the Commercial Space Launch Act (P.L. 98-575) assigned responsibility for commercial space launch regulation and licensing to the Department of Transportation (DOT). That act, as amended, is codified at 51 U.S.C. Chapter 509. DOT has delegated these responsibilities to the FAA Office of Commercial Space Transportation (AST). Companies must obtain a launch license from the FAA and comply with the regulations it issues with respect to safety, financial responsibility, oversight, and other topics (see 14 C.F.R. Chapter III). As part of the licensing process, AST also conducts a payload review and an environmental review. The payload review is to make sure that payloads carried by the launch vehicle have all the required licenses and approvals from other agencies, such as the Federal Communications Commission and the Department of Commerce. The environmental review is to ensure compliance with the National Environmental Policy Act and other requirements (for more information, see CRS In Focus IF11549, The Legal Framework of the National Environmental Policy Act). The FAA license under which SpaceX conducted the April 2023 test is valid for five years, but only for one flight (the one in which the mishap occurred) unless the FAA modifies it to allow additional flights. Under 14 C.F.R. §450.9, the FAA may modify a vehicle operator license at any time by modifying or adding license terms and conditions to ensure compliance with the Act and regulations. In the case of Starship, the FAA has said it will not allow a return to flight until it determines that any system, process, or procedure related to the mishap does not affect public safety. Figure I. Launches Licensed by the FAA, 20 12-2023 40 to 5/18 20 1 2202 ZQ2 1 i La-endar Year Source: CRS, based on FAA data. Notes: Data for 2023 are for launches through May 18. Licensed launches only (excludes launches under experimental permits). H ow Are M ishaps Investigated? The details of commercial space launch mishap investigations depend somewhat on the nature of the mishap. In most cases, the launch company itself has the primary responsibility to investigate what happened and why, but the FAA oversees and participates in that investigation and generally does not allow further launches until the company has identified and resolved the root cause

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