Provisions Made In The FAA Reauthorization Bill
The Commercial Spaceflight Federation said it welcomes
Congress’s passage Monday of the FAA reauthorization bill,
which includes a key provision granting regulatory stability to the
commercial spaceflight industry. The new law’s provision
extends a regulatory “learning period” that was created
when Congress originally passed the Commercial Space Launch
Amendments Act (CSLAA) of 2004. This learning period was
established in law in December of 2004 to allow for several years
of flight test and early commercial operation of new human
spaceflight vehicles. Congress’s intent was to allow for
industry and the FAA to build a database from actual flight
experience of what design features, technologies, and operating
practices contributed to safety, and initially regulate only those
system elements in which safety issues arise.
The Federation extends its thanks to Senate Majority Leader
Reid, Chairman Rockefeller, Chairman Cantwell, Chairman Nelson, and
Ranking Member Hutchison, as well as House Majority Whip Kevin
McCarthy, Chairman Mica, Chairman Petri, Chairman Hall, Chairman
Palazzo, Ranking Member Costello, and Representative Rohrabacher
for their assistance in reaching this agreement.
“Yesterday (Monday) marks a major milestone for the
Commercial Spaceflight Federation," said Eric Anderson, Chairman of
the Commercial Spaceflight Federation. "Two of the
Federation’s objectives are to ‘promote the development
of commercial human spaceflight’ and ‘pursue
ever-higher levels of safety’. Congress’s action this
week will accomplish both of these objectives, by allowing the FAA
to continue a wide range of regulatory activities and to act as a
conduit for industry cooperation, while still enabling innovation
and entrepreneurship. This will help initiate a new wave of job
creation and private investment in the industry.”
“The commercial space flight industry is already having a
profound economic impact, and this action ensures that it can keep
on innovating and creating jobs,” said Congressman Kevin
McCarthy. “This industry has boomed over the past several
years in part because of smart policy that tempered government over
regulation. And from SpaceShipOne to XCOR, Masten Space Systems and
the impressive increase in commercial space flight investment and
jobs at the Mojave Air & Space Port in my district over the
past ten years, it is clear that great things can happen when
government gets out of the way of innovation. By extending the
learning period, we’re opening the door for continued growth
and job creation, while also helping keep America at the forefront
of space travel and exploration. I look forward to seeing what
comes next from this burgeoning industry.”
“This provision resolves regulatory uncertainty that was
slowing investment and job creation in the commercial spaceflight
industry, while encouraging full cooperation between government and
industry to advance safety.” said Alexander Saltman,
Executive Director of the Commercial Spaceflight Federation.
“This provision keeps the industry on a path similar to the
initial pioneering days of aviation, in which airplane designers
were able to innovate and pursue differing approaches that
continued to move the industry forward while rapidly developing
safety improvements. Safety is the highest priority for the
commercial space industry; this includes both the safety of the
pioneering customers and all those who follow.”
“This provision in no way prevents any government agency
from setting requirements for missions for which it is a customer.
The commercial space industry already works closely with both NASA
and FAA to ensure the safety of the Commercial Crew Program, and
looks forward to continuing that cooperation with both
agencies.”
The CSLAA created an eight-year learning period, ending December
23, 2012, but given the diligence the industry is taking to
carefully develop its first generation of operational vehicles,
there has not been any data from licensed or permitted human
flights to date. In this FAA reauthorization, Congress has extended
the original deadline nearly three years, to October 1, 2015, the
full duration of the underlying legislation.
Under the reauthorization bill, the FAA’s Office of
Commercial Space Transportation retains all of its current
regulatory authority–including the ability to ensure the
safety of the uninvolved public, oversee an “informed
consent” regime for spaceflight participants who willingly
accept the risk, establish vehicle regulations based on data from
experimental or operational flight incidents within the period, and
conduct research on methods for improving spaceflight safety. The
bill also encourages the agency to actively work with industry to
discuss and distribute safety information and best practices.