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THE ASCEND ACT�ADVANCING HUMAN SPACEFLIGHT VIA COMMERCIAL ENDEAVORS��PROPOSAL FOR THE OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT (OCHS)

LINDSAY LEVINE

ASTE 527 SPACE STUDIO

DECEMBER 13, 2022

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COMMERCIAL HUMAN SPACEFLIGHT ON THE RISE

Dennis Tito, first space tourist on his flight to ISS in 20012

Rendering of stratospheric platform ”Space Perspective”3

Overview Effect1

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WHO, OR WHAT, SHOULD BE REGULATING THESE ACTIVATES

As the industry continues to progress, there has been debate over whether the US meets the intent of the Outer Space Treaty Article IV through the minimal oversight in place now7

However, Outer Space Treaty Article IV states “The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty6

There is currently a “learning period” in place since 2004 and is set to expire Oct 2023 to allow rapid innovation and expansion of the industry with minimal federal oversight5

For commercial space activities outside NASA, it is not required to follow the NASA guidelines for vehicle certification or Astronaut training4

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CURRENT FEDERAL OVERSIGHT ON COMMERCIAL SPACE8

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CURRENT FEDERAL OVERSIGHT ON COMMERCIAL SPACE8

Federal Communications Commission (FCC)

Licenses commercial satellite communications

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CURRENT FEDERAL OVERSIGHT ON COMMERCIAL SPACE8

NASA &

Dept. of Defense Space Force

Govt spaceflight operations, partner with commercial industry

Federal Communications Commission (FCC)

Licenses commercial satellite communications

No regulatory authority over commercial activities outside govt activities

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CURRENT FEDERAL OVERSIGHT ON COMMERCIAL SPACE8

NASA &

Dept. of Defense Space Force

Govt spaceflight operations, partner with commercial industry

AST licenses commercial launch and reentry vehicles, commercial space ports

AST has authority to regulate design and operation of commercial launch vehicles, however only after said design feature or operating practice have previously resulted in serious or fatal injury

Dept. of Transportation

Federal Aviation Administration’s (FAA) Office of Space Transportation (AST)

Federal Communications Commission (FCC)

Licenses commercial satellite communications

No regulatory authority over commercial activities outside govt activities

AST collaborates with International Civil Aviation Organization (ICAO) for international coordination

For suborbital flights, only a permit, with less requirements & faster approval, rather than license is required

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CURRENT FEDERAL OVERSIGHT ON COMMERCIAL SPACE8

NASA &

Dept. of Defense Space Force

Govt spaceflight operations, partner with commercial industry

AST licenses commercial launch and reentry vehicles, commercial space ports

AST has authority to regulate design and operation of commercial launch vehicles, however only after said design feature or operating practice have previously resulted in serious or fatal injury

BIS licenses exports of space technology in collaboration with Dept of State

OSC oversees space economy, GPS, international cooperation, cybersecurity, space situational awareness and space traffic management, remote sensing regulations via Commercial Remote Sensing Regulatory Affairs Office (CRSRA)

Dept. of Transportation

Federal Aviation Administration’s (FAA) Office of Space Transportation (AST)

Federal Communications Commission (FCC)

Dept. Of Commerce

Bureau of Industry and Security (BIS) & National Oceanic and Atmospheric Administration’s (NOAA) Office of Space Commerce (OSC)

Licenses commercial satellite communications

No regulatory authority over commercial activities outside govt activities

AST collaborates with International Civil Aviation Organization (ICAO) for international coordination

For suborbital flights, only a permit, with less requirements & faster approval, rather than license is required

“Principal unit for the coordination of space-related issues, programs, and initiatives9” – not regulatory, but tasked with collecting and analyzing info on space markets, conducting workshops and seminars, liaise between commercial providers and US govt, industry advocate to federal government

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THE ASCEND ACT�ADVANCING HUMAN SPACEFLIGHT VIA COMMERCIAL ENDEAVORS��OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT (OCHS)

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ASCEND ACT: OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT

NASA &

Dept. of Defense Space Force

Govt spaceflight operations, partner with commercial industry

Dept. of Transportation

Federal Aviation Administration’s (FAA) Office of Space Transportation (AST)

Federal Communications Commission (FCC)

Dept. Of Commerce

Licenses commercial satellite communications

No regulatory authority over commercial activities outside govt activities

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ASCEND ACT: OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT

NASA &

Dept. of Defense Space Force

Govt spaceflight operations, partner with commercial industry

AST licenses commercial launch and reentry vehicles, commercial space ports, suborbital flights

AST has authority to proactively regulate design and operation of commercial launch vehicles

Dept. of Transportation

Federal Aviation Administration’s (FAA) Office of Space Transportation (AST)

Federal Communications Commission (FCC)

Licenses commercial satellite communications

No regulatory authority over commercial activities outside govt activities

AST collaborates with International Civil Aviation Organization (ICAO) for international coordination

Dept. Of Commerce

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ASCEND ACT: OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT

NASA &

Dept. of Defense Space Force

Govt spaceflight operations, partner with commercial industry

AST licenses commercial launch and reentry vehicles, commercial space ports, suborbital flights

AST has authority to proactively regulate design and operation of commercial launch vehicles

Dept. of Transportation

Federal Aviation Administration’s (FAA) Office of Space Transportation (AST)

Federal Communications Commission (FCC)

Licenses commercial satellite communications

No regulatory authority over commercial activities outside govt activities

AST collaborates with International Civil Aviation Organization (ICAO) for international coordination

Dept. Of Commerce

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ASCEND ACT: OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT

BIS licenses exports of space technology in collaboration with Dept of State

Dept. Of Commerce

Bureau of Industry and Security (BIS)

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ASCEND ACT: OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT

BIS licenses exports of space technology in collaboration with Dept of State

Dept. Of Commerce

Bureau of Industry and Security (BIS)

OSC oversees space economy, GPS, international cooperation, cybersecurity, space situational awareness and space traffic management, remote sensing regulations via Commercial Remote Sensing Regulatory Affairs Office (CRSRA)

Tasked with collecting and analyzing info on non-human spaceflight related space markets, conducting workshops and seminars, liaise between commercial providers and US govt, industry advocate to federal government

National Oceanic and Atmospheric Administration’s (NOAA) Office of Space Commerce (OSC)

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ASCEND ACT: OFFICE OF COMMERCIAL HUMAN SPACEFLIGHT

BIS licenses exports of space technology in collaboration with Dept of State

Dept. Of Commerce

Office of Commercial Human Spaceflight

(OCHS)

OSC oversees space economy, GPS, international cooperation, cybersecurity, space situational awareness and space traffic management, remote sensing regulations via Commercial Remote Sensing Regulatory Affairs Office (CRSRA)

Tasked with collecting and analyzing info on non-human spaceflight related space markets, conducting workshops and seminars, liaise between commercial providers and US govt, industry advocate to federal government

National Oceanic and Atmospheric Administration’s (NOAA) Office of Space Commerce (OSC)

Establish legislation over commercial human spaceflight activates to provide necessary regulations and controls over human safety and sustainability to ensure US remains leader in the industry with dedicated path forward to success

Tasked with collecting and analyzing info on human spaceflight related space markets, conducting workshops and seminars, liaise between commercial providers and US govt, industry advocate to federal government

Bureau of Industry and Security (BIS)

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HOW ASCEND IS DIFFERENT FROM PREVIOUS PROPOSALS8

Independent office under the Dept of Commerce for all space related activities, including responsibilities currently distributed between FCC, FAA AST, OSC

Assign all human related activities to the OSC under NOAA in the current organizational structure

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WHY OCHS WILL BE SUCCESSFUL

Separation of Commercial Human vs Non-Human space activities

Builds on already existing successful communication lines within the Dept of Commerce and between other federal organizations

Direct collaboration with industry leaders to develop useful legislation along with industry growth

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OCHS FRAMEWORK

Assumptions

    • Commercial Human Spaceflight industry will surpass Congress' "learning period"
    • Collaboration with industry leaders to leverage experience
    • Only applies to US based companies

Merits

    • Unique solution for Congress
    • Appealing to industry investors
    • Establish the US as worldwide industry leader

Challenges

    • Balance between imposing regulations too early vs allowing the industry to develop without proper oversight and guidance

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3 PILLARS OF OCHS

Health & Safety

- Pull from current NASA standards to develop regulations that optimize for human safety

- Institute appropriate certifications for human rated spacecraft and trainings for spaceflight participants

- Curate database with voluntarily provided data on the effects of human spaceflight on the human body

Sustainability

- Develop reasonable guidelines for orbital and surface debris mitigation, sustainable manufacturing and infrastructure, innovative launch techniques to lower carbon emissions

- Establish long-term goals for industry to maintain sustainable growth that will allow for greater public participation in future

Innovation

- Collaborate with and encourage industry to continue to innovate new technologies and ideas for human spaceflight

- Support accessibility of spaceflight to more people through lowering costs and expanding ways to experience Overview Effect

- Inspire the next generation to engage in humanity’s return to the Moon and beyond

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3 PILLARS OF OCHS

Health & Safety

- Pull from current NASA standards to develop regulations that optimize for human safety

- Institute appropriate certifications for human rated spacecraft and trainings for spaceflight participants

- Curate database with voluntarily provided data on the effects of human spaceflight on the human body

Sustainability

- Collaborate with OSC to continue to develop reasonable guidelines for orbital and surface debris mitigation, sustainable manufacturing and infrastructure, innovative launch techniques to lower carbon emissions

- Establish long-term goals for industry to maintain sustainable growth that will allow for greater public participation in future

Innovation

- Collaborate with and encourage industry to continue to innovate new technologies and ideas for human spaceflight

- Support accessibility of spaceflight to more people through lowering costs and expanding ways to experience Overview Effect

- Inspire the next generation to engage in humanity’s return to the Moon and beyond

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3 PILLARS OF OCHS

Health & Safety

- Pull from current NASA standards to develop regulations that optimize for human safety

- Institute appropriate certifications for human rated spacecraft and trainings for spaceflight participants

- Curate database with voluntarily provided data on the effects of human spaceflight on the human body

Sustainability

- Collaborate with OSC to continue to develop reasonable guidelines for orbital and surface debris mitigation, sustainable manufacturing and infrastructure, innovative launch techniques to lower carbon emissions

- Establish long-term goals for industry to maintain sustainable growth that will allow for greater public participation in future

Innovation

- Collaborate with and encourage industry to continue to innovate new technologies and ideas for human spaceflight

- Support accessibility of spaceflight to more people through lowering costs and expanding ways to experience Overview Effect

- Inspire the next generation to engage in humanity’s return to the Moon and beyond

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FUTURE STUDIES

- UPGRADE FAA OFFICE OF SPACE TRANSPORTATION TO EXPAND OVERSIGHT IN TRANSPORTATION JURISDICTION

- INVITE INTERNATIONAL COOPERATION

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QUESTIONS

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SOURCES