Category: Space Law

House Passes Defense Appropriations, Speculation Continues on End Game as Aerospace Industry Worries

House Passes Defense Appropriations, Speculation Continues on End Game as Aerospace Industry Worries

The House passed the FY2013 defense appropriations bill (H.R. 5856) yesterday, approving $606 billion — a core budget of $518 billion plus $88 billion for Overseas Contingency Operations including the war in Afghanistan.

The total for the core budget is $1.1 billion less than what the Republican leadership wanted.   Many House Republicans are seeking to exempt defense spending from budget cuts and want to add money above the President’s request despite their fervor to reduce the deficit. House Democrats largely support the President’s position that defense must shoulder its share of budget cuts along with non-defense programs.  Politico called Republican support for cutting the $1.1 billion from what their Republican colleagues initially sought “a modest but still important turning point in the budget wars.”

Congress continues to wrangle over how to deal with government funding for FY2013 and deficit reduction in general.  

Discretionary government spending remains under threat of substantial cuts on January 2, 2013 according to the terms of last year’s Budget Control Act (BCA).  Referred to as a “sequester,” if Congress does not change that law or reach a compromise on how to reduce government spending by $1.2 trillion over the next 9 years, an approximately 8 percent cut will go into effect for all government agencies categorized as discretionary spending, including defense, NASA, NOAA and most other government agencies familiar to the public.  The estimated $109 billion in cuts would be split equally between defense and non-defense spending and implemented on an across-the-board basis.  Often called a “meat axe” approach to budget cutting, that means every discretionary government activity would be cut by that percentage rather than allowing agencies to prioritize which programs are most important and allocating funding accordingly.  The cuts also would have to be absorbed within 9 months instead of 12, since FY2013 will already be 3 months old by then.

Mandatory government programs including Social Security and Medicare, as well as veterans benefits, would not be affected by the sequester, although a 2 percent cut to Medicare payments to physicians is part of the package.

The sequester was included in the BCA as a “poison pill” to force Congress to reach a compromise on reducing the deficit on the premise that its effect would be so dire that Congress would do anything to avoid it.  That did not work.  Republicans remain intransigent that deficit reduction be accomplished through spending cuts alone, while Democrats remain intransigent that tax increases must be part of the solution.  White House officials say the impact of a sequester would be catastrophic to the nation’s economy and insist that Congress must find a solution.  

The Aerospace Industries Association (AIA) has been hammering home in many venues what a sequester would mean to the aerospace industry.  Most recently, it released a report from George Mason University (GMU) on the expected economic impact of the sequester on the country.  The report does not contain specific numbers for how much DOD or NASA or NOAA would be cut or how many aerospace industry jobs specifically might be lost, but concludes that it would cost 2.14 million jobs overall.  AIA President Marion Blakey stated that the report shows “sequestration is not just a defense problem, it’s an American problem” and called upon “our leaders in Washington” to fix it.

At a House Armed Services Committee (HASC) hearing this week, Lockheed Martin President Robert Stevens, Pratt & Whitney President David Hess (who also is chairman of AIA), EADS North America Chairman and CEO Sean O’Keefe, and Williams-Pyro President Della Williams warned about the impact of the sequester on their defense-related businesses.  Stevens said the impact would be “devastating” and the “very prospect of sequestration is already having a chilling effect on the industry.”  He gave a “seat of the pants” estimate that Lockheed Martin might have to lay off 10,000 workers, but stressed that he had no idea which workers they might be since he has no details on what programs would be cut by how much.  He and other witnesses stressed that companies must comply with the Worker Adjustment and Retraining Notification (WARN) Act to provide 60 days advance notice of plant closings or mass layoffs, so must know very soon what to expect.  Otherwise those notices will have to be sent even though Congress ultimately might reach a deal to avert the sequester.

FY2013 begins on October 1 and despite House passage of the defense appropriations bill, final action on that and the other 11 appropriations bills is unlikely before then.  Conventional wisdom is that agreement on FY2013 appropriations and deficit reduction will have to wait until a lame-duck session after the November 6 elections to see who wins the House, Senate and White House.   Typically agencies are funded by Continuing Resolutions (CRs) at their previous year’s levels until agreement is reached.  In a politically charged environment amid sharp disagreement on where and how much to cut, a rancorous standoff over a potential government shutdown this fall is a definite possibility.

Some conservative House Republicans reportedly are sufficiently opposed to a shutdown standoff for fear of political backlash, and to a lame duck session at all, that they are suggesting passage of a 6-month CR to kick FY2013 funding decisions into next spring.  House and Senate Republicans and Democrats and the White House agreed to cap government spending at $1.047 trillion for FY2013 in the BCA last year, but House Republicans reneged on that agreement in March, passing a Budget Resolution setting a lower cap of $1.028 trillion instead.  To get agreement on a 6-month CR, these concerned House Republicans apparently are now willing to support the $1.047 trillion figure instead of their lower cap at least for the duration of the CR.   What would happen after that is anyone’s guess.

For that reason, a 6-month CR is not good news for government agencies.  A Damoclean sword would hang over their FY2013 spending plans until final agreement was reached in spring, half way through the fiscal year, adding yet more uncertainty.

Listner: DON'T Kill All The Lawyers, They're Needed As Uses of Space Evolve

Listner: DON'T Kill All The Lawyers, They're Needed As Uses of Space Evolve

Michael Listner, a lawyer, humorously urged the space community yesterday not to follow Shakespeare’s advice to “kill all the lawyers.”  Recounting a litany of thorny legal issues that may arise as collisions in space become more likely and flights into space of ordinary citizens on commercial vehicles become commonplace, for example, space lawyers will be needed more than ever.

Listner spoke at the unveiling of the 2012 Space Security Index (SSI) by the Secure World Foundation (SWF) and Canada’s Project Ploughshares at the Canadian Embassy in Washington, D.C.    This year’s edition of the SSI, the ninth in the series, summarizes key developments in civil and military space during 2011, including international efforts to assure space sustainability.  The latter include progress in the European-led effort to create a Code of Conduct for Outer Space Activities and United Nations-led discussions at the newly formed Group of Governmental Experts (GGE) under the aegis of the U.N.’s First Committee as well as working groups under the U.N. Committee on Peaceful Uses of Outer Space (COPUOS).

Cesar Jaramillo, project manager for the SSI report, reminded the audience of how space security is defined for purposes of the annual report: “the secure and sustainable access to, and use of, space and freedom from space-based threats.”   He reported that nine countries now have indigenous space launch capabilities and the barriers to entry for other countries to join the space club are decreasing.  Although there are more than 165 dedicated military satellites in orbit today, about half of which belong to the United States and another 25 percent to Russia, none are space-based weapons, he said, emphasizing that no space-based weapons have ever been launched to date.

Other speakers focused on significant developments over the past year in civil, commercial, and national security space.  Carissa Christensen of The Tauri Group revealed that her company is close to releasing a study on the suborbital launch market that it prepared for the Federal Aviation Administration (FAA) and Space Florida.  It concludes that there is “real demand” for flights by “leisure travelers” on suborbital vehicles at the price point of $100,000-200,000, noting that the term “space tourist” has fallen out of fashion.  She added that the study does not look at the business plans for the various companies building such vehicles, however, so apparently does not comment on how many companies can be supported by the expected market.  Another growth area for space endeavors is nano- and micro-satellites, she said, with the possible launch of as many as 100 satellites weighing less than 15 kilograms in the next decade mostly for governments and universities.

Implementation of the five pillars of the National Security Space Strategy has been the focus of the U.S. national security space sector since the release of the strategy in early 2011 according to Audrey Schaffer of the Office of the Deputy Assistant Secretary of Defense for Space Policy.  She also noted progress on the international front in Space Situational Awareness (SSA), with bilateral “statements of principles” signed with Australia, Canada and France in addition to progress at the GGE and COPUOS.   The U.S.-Canada agreement includes Canada sharing SSA data from its upcoming Sapphire mission with the United States, for example.  The two countries have cooperated in the area of aerospace warning and control through the bi-national North American Aerospace Defense Command (NORAD) since 1958.

The potential of U.S-China space cooperation was another topic discussed yesterday.   In response to a question from panel moderator Victoria Samson, Director of SWF’s Washington office, Schaffer disagreed with Samson’s assumption that any such cooperation is years away because of the current politically “toxic environment.”   Schaffer pointed out that the United States provided SSA support to China for its recent Shenzhou 9 mission and that counts as cooperation.  Jaramillo agreed, adding that the U.S. Joint Space Operations Center (JSPoC) notifies China of potential conjunctions (collisions) with space debris.  (U.S. government officials have highlighted in other venues that JSPoC lets China know when debris from China’s 2007 antisatellite test poses a threat to Chinese satellites.)  The Obama Administration favors at least a dialogue with China about space cooperation, but influential members of Congress, including Rep. Frank Wolf (R-VA), who chairs the appropriations subcommittee that funds NASA and the White House Office of Science and Technology Policy (OSTP), vehemently oppose it.

As for the importance of lawyers for resolving legal and regulatory questions in the years ahead, Listner, a consultant with Space Law and Policy Solutions in New Hampshire, cited several examples:  potential legal claims from collisions in space or the reentry of satellites such as 2011’s UARS, ROSAT and Phobos-Grunt; whether passengers on commercial spaceflights are entitled to the “privileges” accorded to astronauts under the 1968 treaty that governs the rescue and return of astronauts; defining the terms “space” and “space debris” — noting that the media refer to asteroids as space debris, for example; determining when a nation “expressly abandons ownership” of a space object as capabilities are developed to remove debris — however it is defined — from orbit since “there are no salvage rights akin to maritime law” in space; and, broadly, whether the current body of space law adequately addresses commercial space activities at all.

The Executive Summary of the 2012 Space Security Index, along with several fact sheets on specific issues covered in the report, are available on SWF’s website.   SWF also usually posts audio recordings and powerpoint presentations from meetings like this, so may be available in the days ahead.

 

 

United Technologies Admits to 576 Export Violations; Will Pay $75 Million

United Technologies Admits to 576 Export Violations; Will Pay $75 Million

The State Department announced a consent agreement today under which United Technologies Corporation (UTC) and three of its operating units or subsidiaries will pay $75 million in fines and penalties and take remedial actions for hundreds of civil violations of export control laws and regulations in its dealings with China.   UTC subsidiary Pratt & Whitney Canada  (P&W Canada) additionally pleaded guilty in a Connecticut court to a criminal violation.

UTC voluntarily disclosed most of the 576 violations to the U.S. Government beginning in 2006 according to the State Department.  Some of the violations took place in 2002-2003 and involved the sale of engine software by P&W Canada that is being used in Chinese military attack helicopters.  The software was of U.S. origin and governed by the Arms Export Control Act (AECA) and International Traffic in Arms Regulations (ITAR).  Because it voluntarily disclosed violations and cooperated with the investigation, the State Department did not debar the defense contractor.  However, it did impose a statutory debarment on some P&W Canada activities.

The State Department asserts that the consent agreement addresses not only the illegal exports, but “false and belated disclosures to the U.S. Government about these illegal exports, and many other compliance failures.” While acknowledging the voluntary disclosures as mitigating factors, it decided to charge the company with 576 violations “given the harm to national security and the systemic, longstanding and repeated nature of certain violations,” it said in a proposed charging letter.

The consent agreement will remain in effect for four years.  UTC will pay $20.7 million in fines, forfeitures and other penalties to the Justice Department, and $55 million to the State Department as a penalty.  The State Department suspended $20 million of the $55 million on the condition that it be used for remedial compliance measures.

Export control reform is a major goal of the aerospace industry, particularly satellite manufacturers.  Progress was recently made in that regard with release of the “Sec. 1248” report by the State and Defense Departments, and House-passage of an amendment to the FY2013 National Defense Authorization Act to ease export controls for certain satellites. The export violations revealed today do not appear to involve satellites and under the House-passed language satellite exports to China would continue to be denied in any case.  

Thus, today’s announcement may not complicate the satellite export debate, although it may undermine confidence that the aerospace industry has learned from the mistakes of the 1990s that led to the current strict export limits on satellites.

In an unrelated development, Canada’s MacDonald, Dettwiler & Associates (MDA) purchased Space Systems/Loral today for $875 million.   It was a Loral employee sending a letter to China without export approval in 1996 that initiated the chain of events that became known as the “Loral/Hughes” affair.  It led to a congressional investigation chaired by then-Rep. Christopher Cox.  The Cox Committee report concluded that Loral and Hughes Aircraft (a satellite manufacturer later bought by  Boeing) violated export laws in helping China determine why its satellite launches failed.  In response, Congress passed language in the FY1999 National Defense Authorization Act that put satellites back on the State Department’s Munitions List with its ITAR regulations.  It also removed the President’s authority to decide whether satellites are governed by ITAR or the dual-use Commerce Commerce List administered by the  Commerce Department.  The aerospace industry has been trying to undo that language ever since, claiming that ITAR restrictions put them at a significant competitive disadvantage with foreign companies and thereby harm the U.S. economy.

Events of Interest: Week of June 25-29, 2012

Events of Interest: Week of June 25-29, 2012

The following events may be of interest in the week ahead.  The House and Senate both are in session this week.

Monday, June 25

Monday-Wednesday, June 25-27

Monday-Thursday, June 25-28

Tuesday, June 26

Tuesday-Thursday, June 26-28

Wednesday, June 27

Thursday, June 28

Friday, June 29

 

Events of Interest: Week of June 18-22, 2012

Events of Interest: Week of June 18-22, 2012

The following events may be of interest in the week ahead.   The House and Senate both are in session this week.

During the Week

On the international front, China’s Shenzhou-9 space station mission undoubtedly will be one focus of attention in the space community.  The three-person crew, including China’s first woman astronaut, was launched on Saturday morning (Eastern Daylight Time) and will dock with China’s Tiangong-1 space station module on Monday.   This will be the first Chinese crew to dock with a space station.  That first docking will be automated, a task demonstrated last year by Shenzhou-8, which did not have a crew.   Later in the mission, the Shenzhou-9 crew will undock and then one of the crew members, Liu Wang, will perform a manual re-docking to show it can be done.   Liu Wang should not be confused with his crew-mate, Liu Yang, who is China’s first woman in space.   The mission’s commander is Jing Haipeng. The mission is expected to last a total of 13 days.  We’ve put together a handy list of all the Chinese missions that have carried crews — this is the fourth.

Here in the Washington, commercial space activities have center stage.   The head of NASA, Charlie Bolden, and the acting head of the Federal Aviation Administration (FAA), Michael Huerta, will hold a media teleconference on Monday to talk about commercial space.  It is rather unusual for the head of the FAA to have such a public role in space issues.  The FAA’s Office of Commercial Space Transportation (AST) facilitates and regulates commercial launches and reentries and is a significant player on the space policy scene, but it is a comparatively small part of the FAA’s portfolio.  On Tuesday, the House Appropriations Committee will markup the bill that funds the FAA (Transportation-HUD).  On Wednesday, the Senate Commerce Committee will hold a hearing on commercial space where NASA and FAA representatives will testify, but not Bolden or Huerta.  Or, for that matter, George Nield, the head of AST.  Instead, Pam Melroy, a former NASA astronaut who serves as a “senior technical advisor” to Nield, is the FAA’s witness.  (Another former astronaut, Michael Lopez-Alegria, also will testify.  He’s now head of the Commercial Spaceflight Federation.)  Huerta is probably saving himself for his confirmation hearing to become the official FAA administrator instead of acting.  That hearing will be held Thursday by the same committee.  Huerta has been acting FAA administrator since Randy Babbitt had to resign in December after being pulled over by police for driving under the influence.  A judge dismissed those charges last month, but Babbitt told the Associated Press he had no regrets about resigning.

Monday, June 18

Tuesday, June 19

Wednesday, June 20

Thursday, June 21

 

 

NASA Downplays Threat of Asteroid 2011 AG5 Impact in 2040

NASA Downplays Threat of Asteroid 2011 AG5 Impact in 2040

NASA released a workshop report today that downplays the risk to Earth of Asteroid 2011 AG5, saying that it “will fly safely past and not impact Earth in 2040.”   Asteroid 2011 AG5 is one of a subset of Near Earth Objects (NEOs) classified as Potentially Hazardous Asteroids (PHAs).

The agency acknowledges, however, that more observations are needed in the years ahead to be doubly sure that analysis is correct.  A key event will occur — or not — in February 2023 when the asteroid is 1.1 million miles from Earth.   If it passes through a very small “keyhole” in space at that time, Earth’s gravity could be just enough to modify its trajectory such that an impact with Earth might be possible on February 5, 2040. 

The keyhole is 227 miles wide.   Lindley Johnson, program executive for NASA’s Near Earth Object (NEO) observation program, said: “Given our current understanding of this asteroid’s orbit, there is only a very remote chance of this keyhole passage even occurring.”

Today’s press release provides a link to a JPL website where four related documents are posted, including a “consensus summary” of the May 29, 2012 workshop.   The links to the four documents are a little hard to find so are provided here:

The one page consensus summary of the workshop does not list the participants.  Shown as bullet-points, it states that there is only a 0.2 percent chance of the asteroid passing through the keyhole in 2023, and also only a 0.2 percent change of it impacting Earth in 2040.

The 140-meter diameter asteroid was discovered in January 2011 and is currently located in the daytime sky and cannot be observed with Earth-based telescopes.  Observations can be made in the fall of 2013 and again in 2015-2020.  Data from those observations will allow scientists to better predict its path.

Should the unlikely occur and it turns out the asteroid is on a collision course with Earth after all, the workshop concluded that “numerous viable deflection mission options are available.”   For example, “an impactor spacecraft could be an effective means.”  If that approach is chosen, “[i]t is desirable to also have a rendezvous spacecraft on station at the asteroid at least a few months” in advance and it could be “equipped with a gravity tractor” as a backup.

Events of Interest: Week of June 11-15, 2012

Events of Interest: Week of June 11-15, 2012

The following events may be of interest in the coming week.   The Senate is in session; the House is in recess.

Monday, June 11

Tuesday, June 12

Tuesday-Thursday, June 12-14

Wednesday, June 13

 

Industry Wants Third Party Launch Indemnification Made Permanent

Industry Wants Third Party Launch Indemnification Made Permanent

Industry witnesses at a congressional hearing June 6 asked Congress to make permanent the government’s authority to indemnify commercial launch service companies against some of the losses that could result if there was a catastrophic launch accident.  The current authority expires on December 31, 2012.

Frank Slazer of the Aerospace Industries Association and Alison Alfers of DigitalGlobe both asked that instead of another fixed term extension of the indemnification authority for 3 or 5 years, Congress make it permanent by eliminating the sunset provision in the law.   The authority was originally created in the 1988 Commercial Space Launch Act (CSLA) amendments and has been extended several times, most recently in 2009 for 3 more years until the end of 2012.  Congress is assessing the need for another extension. 

Under CSLA, the Federal Aviation Administration’s (FAA’s) Office of Commercial Space Transportation (AST) calculates what the Maximum Probable Loss (MPL) would be if a launch accident injured third parties — the general public — or damaged their property.  The launch operator must obtain insurance to cover that liability up to $500 million.  The government would have to pay for claims above $500 million to a maximum of $2.7 billion.  (The law says $2 billion, but the amount is adjusted for inflation, yielding the current limit of $2.7 billion.)    Losses above $2.7 billion must be covered by the launch operator, but such losses are considered very unlikely to occur.   

George Nield, AST Associate Administrator, said the Administration is requesting that Congress extend the authority for another 5 years.  When asked why it is not asking for permanent authority, Nield said that the Administration recognizes that Congress prefers to have opportunities to reassess the program and a 5-year extension is a compromise. 

DigitalGlobe operates commercial remote sensing satellites.  Alfers, the company’s Vice President for Defense and Intelligence, testified as a user of space launch services and stressed the need for the U.S. launch services business to avoid becoming even less competitive than it is today.  Her company recently shopped for a launch service provider and found that U.S. prices are 35-40 percent higher than foreign competitors, she said.  For a variety of reasons DigitalGlobe nonetheless chose a U.S. launch provider, but Alfers warned that if U.S. launch service providers must raise their prices because they have to buy more insurance, that could be the tipping point.  Slazer said not renewing the indemnification authority “would unnecessarily hamstring US companies’ ability to compete in the international launch services market.” He stressed that “Congress should eliminate the sunset provisions of the act or at least extend them for a much longer time” than it has previously.  Alfers agreed. 

Testimony by Alicia Cackley of the Government Accountability Office (GAO), however, suggests that the cost of insurance is a very small amount of launch prices.  She said in her written statement that it costs one percent of the dollar amount of coverage.  She told the committee that the average MPL for which the launch operator must buy insurance is $99 million, meaning that the insurance costs less than $1 million on average.   Launch prices are generally proprietary, but are on the order of $100 million for a launch to geostationary orbit.

Cackley also testified that some of the insurance companies GAO consulted criticize how the FAA calculates MPL.   They assert FAA’s methods are outdated.  Nield responded that the FAA is open to improvements in how it calculates MPL, but must weigh the costs, which could be “many hundreds of thousands of dollars” to purchase a specialized database, with the benefits.

Rep. Ralph Hall (R-TX), chairman of the full committee, said he hopes to bring a bill to the floor of the House before the end of the year to extend the authority.  “It can be done, it probably ought to be done,” he said.

At the beginning of the hearing, subcommittee chairman Rep. Steve Palazzo (R-MS) said he wanted to correct the record regarding the commercial cargo program.   He quoted Presidential Science Adviser John Holdren as saying the recent successful SpaceX mission represented a new model for the space program — “one initiated by this Administration.”   (Holdren’s remarks were made during ceremonies presenting the 2012 Kavli Prize at the World Science Festival on May 31 and come at the 15:15 mark in this World Science Festival video.) Palazzo said the comment is “at best, misleading,” since the Commercial Orbital Transportation Services (COTS) program began in the George W. Bush Administration and the contract under which SpaceX mission flew the mission was signed in 2006. 

Events of Interest: Week of June 4-8, 2012

Events of Interest: Week of June 4-8, 2012

The following events may be of interest in the coming week. The House and Senate both are in session.

During the Week

The space policy world returns to its routine this week after an exciting SpaceX mission that kept everyone’s rapt attention from launch on May 22 to splashdown on May 31.  Dragon successfully returned to port in Los Angeles and flown to SpaceX’s facilities near Waco, TX over the weekend.  The final objective to be met is turning the cargo it returned from the International Space Station (ISS) over to NASA.  A NASA official said on May 31 that he did not expect it to take long to agree on a launch date for the first of 12 Commercial Resupply Service (CRS) missions to ISS SpaceX is expected to provide to NASA between now and 2015.

In the more humdrum world of Washington space policy, however, there still are events of interest upcoming.   Among them are the first meeting of the rejuvenated National Research Council (NRC)’s Committee on Astronomy and Astrophysics that will take place Monday-Wednesday.  A standing committee overseen jointly by the Space Studies Board and Board on Physics and Astronomy, CAA looks after ground- and space-based astronomy issues for the NRC in-between decadal surveys. 

Also of special interest, the House Science, Space and Technology Committee’s Space and Aeronautics Subcommittee will hold a hearing on government indemnification of launch service providers.   The 1988 Commercial Space Launch Act Amendments created the original authority for the government to indemnify launch service providers from third party claims between $500 million and $2 billion.  The companies must get their own insurance for up to $500 million and over $2 billion.   The authority was granted for 5 years and has been repeatedly extended over the decades.  It is currently set to expire on December 31, 2012.   Each time the authority is up for renewal, Congress asks whether the launch service industry still requires indemnification.  To date, Congress has always agreed to extend the authority, usually on the basis that other countries indemnify their providers so U.S. companies must have the same protection in order to be competitive.  There has yet to be a third-party claim since there have been no commercial launch accidents that injured the general public.

Though it is not policy-related, don’t miss the Venus Transit on June 5.  Be sure to get your special glasses out, or watch it on NASA TV.  This is the last time Venus will pass between Earth and the Sun until 2117, so for most us, this will be our last chance.  And for everyone interested is what’s going on with the Sun and how it affects Earth, check out the Space Weather Enterprise Forum also on Tuesday.

Monday, June 4

Monday-Wednesday, June 4-6

Tuesday, June 5

  • Space Weather Enterprise Forum, National Press Club, Washington, DC, 8:00 am – 5:00 pm
  • Venus Transit (Venus passes between the Earth and the Sun), different times around the globe, NASA TV will host a special at 5:30 pm ET

Wednesday, June 6

 

Google Lunar X Prize Agrees to Respect Historical Lunar Sites

Google Lunar X Prize Agrees to Respect Historical Lunar Sites

Last week, NASA and the X Prize Foundation announced that the Google Lunar X Prize will recognize NASA guidelines to protect U.S. lunar artifacts of historic and scientific value. With the voluntary guidelines designating varying “keep-out” zones, this means that the vehicles of the 26 teams vying for the $30 million in prizes will not have free room to rove.

NASA spacecraft on the Moon and items transported there by the Apollo crews, just like the samples returned to Earth by the astronauts, remain the property of the U.S. Government.  Similarly, the Luna spacecraft and Lunokhod robotic rovers sent to the Moon by the Soviet Union are the property of the Russian government.  Under the terms of the 1967 Outer Space Treaty, however, no government can claim sovereignty over the Moon itself, so there are no legally binding rules about what can or cannot be done at the landing sites or along the routes that the U.S. astronauts or Soviet robotic rovers traversed.

The guidelines were developed by NASA in an attempt to preserve U.S. sites, at least, for historical purposes as other countries and companies plan new lunar missions and could be a step towards international guidelines.  The announcement last week was made as part of the Global Space Exploration Conference (GLEX) organized by the International Astronautical Federation and the American Institute of Aeronautics and Astronautics,  

NASA released the guidelines in July 2011 after assembling data from previous lunar studies, and analysis of samples of NASA’s Surveyor 3 spacecraft returned by the Apollo 12 crew.  Surveyor 3 was one of seven U.S. robotic spacecraft sent to soft-land on the Moon in the late 1960s as precursors to the Apollo missions. Apollo 12 landed close enough to Surveyor 3’s landing site that the crew was able to visit it and retrieve some of its components for study back on Earth.

Apollo 12 astronaut Charles “Pete” Conrad stands next to Surveyor 3 on lunar surface, with Apollo 12 lander Intrepid in background. Photo Credit:  NASA Apollo 12 astronaut Alan Bean.

http://grin.hq.nasa.gov/ABSTRACTS/GPN-2000-001316.html

The guidelines were developed under the leadership of Rob Kelso, a former shuttle flight director who is now NASA Johnson Space Center’s manager for lunar commercial services, and involved experts in history, science and flight planning.  According to the document, these will serve as interim recommendations for lunar vehicle design and mission planning teams until a more formal U.S. government guidance or a multilateral approach is developed.

The guidelines apply to a variety of artifacts and sites on the Moon, including Apollo lunar surface landing and roving hardware, specific indicators of U.S. robotic or human-robotic lunar presence (e.g. footprints), and impact sites. One section is devoted to the issue of mobility and details recommended exclusion zones and their rationale for specific sites. For example, the Apollo 11 and 17 sites, which “carry special historical and cultural significance”  would be roped off completely “by prohibiting visits to any part of the site and that all visiting vehicles remain beyond the artifact boundaries … of the entire site.” These boundaries have a radial extent of 75 meters for Apollo 11 and of 225 meters for the Apollo 17 site. Greater access is recommended in turn for the Apollo 12, 14, 15 and 16 sites to allow for the close inspection of their individual components, considered ongoing experiments in space weathering as they are exposed to the harsh environment on the lunar surface. 

In the joint announcement, the X Prize Foundation said it will take these guidelines into consideration as it judges the mobility plans of the teams participating in the competition.  According to the release, “NASA and the next generation of lunar explorers share a common interest in preserving humanity’s first steps on another celestial body and protecting ongoing science from the potentially damaging effects of nearby landers.”