Duval Times

WASHINGTON, D.C. – Senators Rick Scott and Marco Rubio have sent a letter to FAA Administrator Michael Whitaker requesting clarity on the current approach to issuing launch and reentry licenses. This follows delays in the Federal Aviation Administration’s (FAA) approval process, which are impacting the innovation and development of space missions. The senators emphasized that the FAA’s Office of Commercial Space Transportation must ensure its regulatory framework keeps pace with the rapidly evolving commercial space industry to maintain U.S. leadership amid global competition from China and Russia.

The senators stated, “As near-peer competitors continue to make significant strides in their space capabilities, in both developing new vehicles and vast new infrastructure, it is more crucial than ever that our regulatory processes enable commercial and government stakeholders to ensure the United States continues to lead the way.”

In November 2023, Senators Scott and Rubio wrote to U.S. Department of Transportation Secretary Pete Buttigieg regarding ongoing delays in issuing launch licenses by the FAA.

The full letter addressed several key points:

Dear Administrator Whitaker:

We write regarding the Federal Aviation Administration's (FAA) Office of Commercial Space Transportation’s (AST) current approach for licensing launches or reentries under Part 450. As you are aware, the space industry supports critical national security missions and is rapidly evolving. It is crucial that our regulatory framework keeps pace with these developments to ensure continued growth and competitiveness of the United States in the global space sector. Failure to do so risks putting our country’s space ambitions behind those of competitors—namely China and Russia.

We seek to understand how AST is utilizing its current resources and authorities under Title 51 to ensure that the U.S. remains a leader in commercial space activities, including simplifying and expediting issuance and transfer for commercial licenses as directed by Part 450. This part was designed for a streamlined process for industry, including issuing licenses for multiple launches with greater flexibility and efficiency. However, industry stakeholders report significant challenges due to overly specific, cumbersome requirements imposed by AST.

Additionally, while Part 450 was released in 2020, AST has not provided most internal and external regulatory guidance on compliance with this rule, leading to confusion during licensing processes. In its Fiscal Year 2025 budget request, FAA acknowledged these issues: “AST licensing remains a ‘gate’ to space for other national priorities” with “shortcomings in part 450 rule” as well as gaps in standards and guidance.

We are concerned about delays introduced by AST’s interpretation of its licensing authority. By law, AST regulates launch activity “to protect public health and safety,” property safety, national security interests of the United States.” Industry testimony before Congress indicates fragmented review processes misaligned with statutory responsibilities cause major delays for key national priorities like Artemis Program timelines.

Given these concerns about simplifying commercial space licensing while maintaining national security resilience of our infrastructure against near-peer competitors making strides in their capabilities—it is crucial our regulatory processes support growth ensuring U.S.'s leading position globally continues unimpededly working together ensuring FAA's framework supports success growth U.S.'s future operations:

1) What specific challenges has AST encountered issuing multiple-launch/reentry licenses under Part 450? What steps expand use authority?

2) Has AST considered adjustments better aligning statutory goals expedite multi-launch/reentry license issuance especially nationally important missions?

3) Steps taken ensuring core mission protecting public safety without diverting vital resources/time areas outside statutory authority like mission assurance/in-space authorization?

4) Besides requesting additional financial resources what steps addressing industry's processing time concerns improving efficiency application processing?

5) How does AST issue formal feedback when delays occur license applications?

While public safety critically important launches/reentries how anticipate prioritizing flexibility required multiple-launches given growing demand rapid repeatable operations?

We appreciate your attention looking forward response sincerely,

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