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1 1 (October 13, 2023)

handle is hein.crs/govenea0001 and id is 1 raw text is: Congressional R? search Se Informing heleg iltive d bate sin e 1914 0 October 13, 2023 Commercial Human Spaceflight Safety Regulations The Department of Transportation (DOT), acting through the Federal Aviation Administration (FAA), has regulatory authority over commercial space launch and reentry, including for spacecraft with human occupants. The FAA's authority allows the agency to regulate the safety of human occupants, but a statutory moratorium-or learning period-limits the agency's ability to do so until January 1, 2024. This In Focus identifies considerations for Congress as the end of the statutory learning period approaches. Currently, private companies hope to create a market for commercial human spaceflight. In addition to contracts with NASA to support federal missions, companies such as SpaceX and Virgin Galactic plan to transport private citizens into space. Other companies such as Axiom Space and Blue Origin are developing orbital platforms with the intent to host both government astronauts and tourists in space. Virgin Galactic and Blue Origin have carried tourists on suborbital commercial launches, and SpaceX has launched both government astronauts and space tourists to the International Space Station. No commercial spaceflight mission has yet resulted in a fatality of a tourist or government astronaut. However, an atmospheric test flight of a crewed commercial spacecraft in 2014 resulted in the death of one pilot and injuries to another. Several uncrewed commercial launches have failed in the past decade. Given the potential risks, oversight for these missions may be an area of congressional concern. Legislative Background The Commercial Space Launch Amendments Act of 2004 (P.L. 108-492) gave DOT the authority to regulate the launch and re-entry of commercial spacecraft, including those carrying humans. The FAA has authority to impose licensing requirements on commercial launches carrying human in order to protects those occupants. The authority is implemented by the FAA Office of Commercial Space Transportation (AST). Operations on orbit, following launch and prior to reentry, are not under FAA jurisdiction. The Commercial Space Launch Amendments Act of 2004 set a statutory moratorium of eight years before the FAA could promulgate commercial human spaceflight regulations, beyond its statuary authorities under 51 U.S.C. §50905(c) and 14 C.F.R. §460. The moratorium was intended to allow the nascent commercial spaceflight industry to develop without potential regulatory burdens. 51 U.S.C. §50905(c) allows FAA regulation of commercial operators when restricting or prohibiting design features or operating practices that have resulted in serious or fatal injury or contributed to an event posing a high risk of serious or fatal injury. The FAA is also able to impose requirements on spacecraft crew in support of the agency's mission to protect public safety under 14 C.F.R. §460, as crew is considered by the agency to be part of the flight safety system. As such, the FAA has created requirements that focus on crew qualifications, medical screening, life support, and similar basic safety elements. Additionally, under 14 C.F.R §460.41-460.53 the FAA requires licensees to inform all human occupants of commercial spacecraft, in writing, of potential risks. The FAA Modernization and Reform of 2012 (P.L. 112-95) extended the learning period to October 1, 2015; the Commercial Space Launch Competitiveness Act (CSLCA) of 2015 (P.L. 114-90) extended it to October 1, 2023; and the Continuing Appropriations Act, 2024 and Other Extensions Act (P.L. 118-15) extended it most recently to January 1, 2024. On September 21, 2023, Representative Kevin McCarthy (R-CA-20) introduced the Space Transformation And Reliability (STAR) Act (H.R. 5617) that would extend the learning period to October 1, 2031. The 2015 CSLCA directed the FAA and its Commercial Space Transportation Advisory Committee (COMSTAC) to facilitate the development of voluntary industry consensus safety standards and a safety framework that may include regulation. It also directed FAA, in consultation with COMSTAC, to report on (1) the commercial space industry's progress toward developing the aforementioned standards and framework, (2) metrics that could indicate the readiness of industry and the FAA to transition to the new framework, and (3) a transition plan. The FAA was also directed to provide updates on progress every thirty months and to provide two separate reports on a new safety framework and transition plan in both 2018 and 2022. The FAA was instructed by the 2015 CSLCA to take into consideration industry standards identified within these reports when developing regulations after the expiration of the learning period. The CSLCA also required the FAA to provide Congress with an independent assessment of industry progress towards developing and adopting voluntary consensus standards, industry and FAA readiness to transition to a new safety framework, and whether further standards development or regulation would be appropriate. In 2017, the FAA delivered a report to Congress that identified possible safety framework features, including standards, a voluntary reporting system, and compliance mechanisms; detailed industry progress towards voluntary consensus standards development and adoption; and identified several readiness indicators that could be used to assess whether industry and FAA readiness to transition to a new safety framework.

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