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The tricky realities of regulating private space flight

By | November 5, 2010, 11:00 AM PDT

Private space flight has no problem stealing headlines across the news media. And why shouldn’t it? Progress has been brisk as of late, and the central premise of any story about new spacecraft–that we will someday be able to buy a ticket into the great beyond–is deeply and universally romantic.

Less romantic, but no less important, is the regulatory structure that will make the commercial space flight revolution possible As SpaceX holds its breath in anticipation of the first full launch of an operational Dragon spacecraft, the FAA is getting ready to pass a milestone of its own: the agency is expected to grant its first ever reentry license, and soon.

Over 200 launch licenses have already been granted by the FAA for commercial launches, but the craft were either never destined for orbit, or never intended to reenter. With the Dragon, SpaceX hopes to send a reusable craft into low Earth orbit for about four hours, after which it will reenter the atmosphere and splash down off the coast of Southern California.

Ensuring that a single vehicle has the space to careen through the atmophere for a few minutes isn’t a very tall order, but the FAA is doing much more than that. In licensing the Dragon, the FAA is instituting a sort of first draft of a specific part of a wider regulatory framework for private spaceflight, which has been in development for years.

The creation of the commercial space flight sector can be traced back to the passage of the Commercial Space Launch Act in 1984, which set out guidelines for the acquisition of launch licenses for private rockets, and granted the Office of Commercial Space Transportation–then operating under the direct authority of the office of the DOT, but now a part of the office of the FAA–the authority to grant them. Regulations for reusable craft, and rules for their human passengers, have only recently started to coalesce, to accomodate the development and testing of Virgin Galactic’s SpaceShipOne and the SpaceX’s Falcon series.

Most recently, the FAA partnered with a handful of academic institutions around the country to get to work on the nuts and bolts of commercial space regulations. Established by Congress in 2010, the Center of Excellence for Commercial Space Transportation has its work cut out for it:

The research and development efforts will include four major research areas: space launch operations and traffic management; launch vehicle systems, payloads, technologies, and operations; commercial human space flight; and space commerce (including space law, space insurance, space policy and space regulation).

Their work won’t be relegated to stuffy offices in DC, either. In fact, according to Discovery News, it could have a transformative effect on one of NASA’s most iconic facilities:

The FAA also plans to set up a technical operations center at NASA’s Kennedy Space Center in Florida if Congress approves funding. In preparation for the shutdown of the shuttle program next year, NASA plans to revamp the spaceport to serve a variety of commercial and government users in the future.

Though such a change might be jarring to NASA traditionalists, it would dovetail nicely with the Obama administration’s recent push for investment in commercial space flight, and could prove invaluable as the shuttle program winds down, making way for the next generation of orbital travelers.

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John Herrman

About John Herrman

John Herrman was a contributing editor for SmartPlanet from 2010 to 2011.

John Herrman

John Herrman

Contributing Editor

John Herrman is a freelance writer based in New York City. He is also contributing editor at Gizmodo. He holds a degree from the University of Edinburgh.

Follow him on Twitter.

John Herrman

John Herrman

John has nothing to disclose.

He writes for SmartPlanet and is not an employee of CBS.

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RE: The tricky realities of regulating private space flight
It's all well and good now, with a fledgling industry and all this great pioneering, but how do we reconcile this with the all too popular message in most futuristic theatrical films that portrays the mega corporation as an evil force.

Let's not kid ourselves. Corporations exist for one reason only - to generate profit. Shouldn't space exploration be guided by a search for knowledge and a betterment of the human condition and not have to depend first and foremost on simply generating wealth?

Space exploration, like medical and scientific research, should be a state sponsored program. Nowadays, most of the latter is tainted with funding from corporations with their own agenda.
Posted by omb00900@...
8th Nov 2010
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omb00900@, isn't that what we already pay NASA for?
If a bunch of wealthy people want to pay $200k for a ride into
space, that's just fine with me.

State-sponsored science is fine with me, but "Let's not kid
ourselves". Most of the technology that benefits us today was
paid for and developed by private industry, not government. I
can think of no better way to stop technological progress than to
place all worthwhile exploration and development into the hands
of the government.
Posted by JohnMcGrew@...
9th Nov 2010
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