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The U.S. commercial space transportation industry faces strong international competition. Ariane, Europe’s launch vehicle, continues to be the market leader, with other competition coming from China, Russia, and Ukraine. The U.
S. industry still obtains a significant percentage of launch contracts, and over fifty commercial launches are planned within the next three years. AST projects over seventy commercial orbital launches within the next three years.
Additionally, U.S. participation in international ventures is increasing. For example, International Launch Services (ILS), comprised of Lockheed Martin Corporation, Khrunichev Enterprise and NPO Energia, markets Russia's Proton rockets and the U.S. Atlas. Another international partnership, Sea Launch Limited Partnership (Sea Launch), involves Boeing Commercial Space Company, S.P. Korolev Rocket and Space Corporation Energia, KB Yuzhnoye and PO Yuzhnoye Mashinostroitelny Zavod, and Kvaerner Moss Technologies a.s., which are U.S., Russian, Ukrainian and Norwegian companies, respectively. Sea Launch plans to launch commercial rockets from a modified oil rig located in the Pacific Ocean. Orbital Sciences Corporation has conducted a launch outside the United States and envisions more.
Current Revisions to Licensing Regulations
With six years of experience in regulating the commercial launch industry, the DOT Office of Commercial Space Transportation initiated a process for standardizing its licensing regulations. Originally, when the Office first initiated its licensing program, the Office did not possess standardized rules or requirements. Accordingly, it evaluated each license application individually to ensure that a proposed launch would not jeopardize public health and safety, the safety of property, U.S. national security or foreign policy interests or international obligations of the United States. Over the course of time, and with the input of licensees and federal launch ranges, the FAA has evolved a standardized approach to licensing launches from federal launch ranges. Accordingly, the FAA now implements that approach through revisions to its regulations.
On October 13, 1994, in anticipation of issuing a notice of proposed rulemaking, the Office of Commercial Space Transportation, DOT, announced that it was holding a public meeting to obtain industry's views to assist the Office in developing an NPRM that would address specific requirements for launch and launch site operator licenses. Notice of Public Meeting, 59 FR 52020 (1994). The Office stated that it would streamline its launch licensing process by standardizing requirements and by codifying certain information requirements in its regulations. Id. The Office also advised the public that it would promulgate rules concerning licensing the operation of a launch site. Id. The FAA proposes to implement rules of general applicability for operation of a launch site through an additional notice of proposed rulemaking in order to foster certainty for this new industry as well. Id. The public meeting took place on October 27, and 28, 1994, and was attended by representatives of the commercial launch industry, payload companies, prospective commercial launch site operators, interested government agencies, both state and federal, and the public.
On March 19, 1997, the FAA released a notice of proposed rulemaking proposing to amend its licensing requirements. Commercial Space Transportation Licensing Regulations, Notice of Proposed Rulemaking (NPRM), 62 FR 13216 (Mar. 19, 1997). In the NPRM, the FAA proposed to narrow its definition of launch from "gate to gate," which resulted in the licensing of the launch related activities of a launch operator at a federal launch range prior to the arrival of the launch vehicle, to "vehicle at the gate," which encompasses only the launch operator’s activities once its vehicle arrives. The NPRM proposed a launch license application process developed through its case by case license history, including the implementation of certain safety proposals recommended by the National Transportation Safety Board. The FAA also proposed to streamline and reorganize a variety of other licensing provisions. The comment period closed May 19, 1997. At the request of several launch operators, the FAA reopened the comment period until August 4, 1997. The FAA received comments from a number of interested parties, including launch operators, a payload provider, a launch site operator and prospective reusable launch vehicle operators.
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Commercial Space Transportation Licensing Regulations(4)
