U.S. Office of Space Commerce publishes framework for certifying ‘novel’ space operations
This story has been updated.
WASHINGTON, D.C. — NOAA’s Office of Space Commerce today proposed a new method of certifying on-orbit operations, ranging from spacecraft servicing to debris removal, that don’t neatly fit into existing regulations.
Currently, spacecraft operators must secure multiple approvals from various agencies, from an FAA license for launch and reentry to a Federal Communications Commission license for radiofrequency communications. As a result, “often this is a ‘no’ by default” for experimental activities “due to unclear regulations,” said OSC Director Taylor Jordan during remarks at SATShow Week here.
“OSC needs to change that through our mission authorization work,” Jordan said. “We’re working on a framework that allows the government to say ‘yes’ to innovative space activities that don’t fit into [a] traditional process.”
OSC today issued a proposal creating “an opt-in Space Commerce Certification” for “‘novel activities’ such as in-space manufacturing, orbital computing, satellite servicing, lunar operations and commercial inhabitable stations,” all of which “fall outside of the existing legislative authorities.”
Under this framework, OSC would oversee coordinating communication and approvals from the relevant agencies. Applications would be evaluated based on “a light-touch set of requirements,” with a 120-day review timeline.
Additionally, FAA and FCC “may choose to incorporate a Space Commerce Certification into their regulatory processes,” the proposal reads. However, depending on the specific mission, the OSC certification may not entirely replace these other approvals: “For example, where an activity is subject to an existing licensing or authorization requirement, such as a requirement for a license from FCC for earth or space station communications, such requirement remains applicable and controlling, and participation in Space Commerce Certification would not relieve an operator of the obligation to obtain and comply with such authorizations.”
Speaking during a separate SATShow panel, Gabriel Swiney, director of OSC’s policy, advocacy and international division, said there remains a risk that the new approach could “become yet another process that industry would have to go through.”
“It’s going to be really critical that our certification carries some water with the other regulators, and that they accept it as sufficient for at least some number of their processes,” he said.
Swiney noted OSC is working to establish memorandums of understanding with other regulating agencies.
The certification proposal stems from an August executive order from President Donald Trump aimed at reducing regulation of commercial space activities.
“We’re creating a process for which the Office of Space Commerce can be your belly button for the U.S. government,” Jordan said. “We aim to streamline regulations, have interagency conversations and approvals.”
