OSC Seeks Feedback on Draft Mission Authorization Concept
Will Help Shape a Concept for the Eventual U.S. Regulatory Authorization of ‘Novel Space Activities.’
Section 5 of Executive Order 14335, “Enabling Competition in the Commercial Space Industry,” directs the U.S. Secretary of Commerce to develop and “propose a process for individualized mission authorizations for activities that are […] not clearly or straightforwardly governed by existing regulatory frameworks, with the goal of expediting and streamlining authorizations to enable American space competitiveness and superiority.”
As it develops a concept for the eventual U.S. regulatory authorization of “novel space activities,” the U.S. Department of Commerce’s Office of Space Commerce (OSC) is seeking input and feedback from industry stakeholders on its initial draft concept.
As this process moves forward, OSC will keep its “Mission Authorization” webpage updated with additional details, materials, and opportunities for stakeholder engagement.
The Office of Space Commerce’s current draft concept entails a single opt-in process for novel activities – a “space commerce certification.”
Under this approach:
OSC identifies light-touch commitments that applicants must make to protect fundamental national interests, including but not limited to national security, international obligations, and safety of third parties.
Industry applies through the OSC process and makes the relevant commitments to their planned operations.
OSC circulates the application and commitments to the U.S. Government interagency with firm deadlines to be notified of additional identified commitments, while conducting basic due diligence.
OSC reviews and may choose to “certify” the proposed operations under these commitments [while reserving the right to not certify, thereby sending applicants back through the “traditional” regulatory process].
FAA expedites their statutory payload review process and accepts the OSC certification as a sufficient pre-review for novel space activity. While the FAA holds statutory authority to make determinations, the FAA would accept OSC analysis as part of an expedited review process under a predetermined timeline.
The FCC would likewise accept this certification as sufficient to meet non-frequency requirements.
The anticipated result is a single process for novel activities.
The Office of Space Commerce is seeking the perspectives, inputs, and feedback regarding this draft concept from the public stakeholder community. Feedback will be accepted on a rolling basis. OSC has created an online form to help facilitate the process.