Trump Issues Executive Order on Commercial Space

President Trump issued a broad Executive Order this afternoon addressing commercial space activities overseen by the Department of Transportation and the Department of Commerce.  Among the provisions, DOT must reform regulations for commercial space launch and reentry and several agencies working together are to advance development of spaceport infrastructure. DOC must propose a process for regulating novel space activities — commonly referred to as mission authorization — and the Secretary of Commerce must elevate the Office of Space Commerce to the Secretary’s office.

Executive Order (EO) 14335, “Enabling Competition in the Commercial Space Industry,” is reminiscent of Trump’s Space Policy Directive-3 in his first administration. DOT and DOC reformed their commercial space regulations in response, but industry continues to argue they hamper business.

In an accompanying fact sheet, the White House said that it “is imperative that new space-based industries, space exploration capabilities, and cutting-edge defense systems are pioneered in America rather than by our adversaries.”

To that end, U.S. policy is to streamline commercial license and permit approvals for U.S.-based operators.

The EO requires Secretary of Transportation (and Acting NASA Administrator) Sean Duffy to:

• eliminate or expedite environmental reviews for launch and reentry licenses and permits in consultation with the Chair of the Council on Environmental Quality, to include determining which DOT activities are not subject to the National Environmental Policy Act (NEPA).
• “reevaluate, amend or rescind, as appropriate” the Part 450 regulations put in place during the first Trump Administration, and report to the Assistant to the President for Economic Policy on actions to be taken within 120 days.
• establish a position in the Office of the Secretary to advise the Secretary on fostering innovation and deregulation in the commercial space transportation industry, and appoint a senior executive non-career employee to lead the Office of Commercial Space Transportation within 60 days.

Secretary of Commerce Howard Lutnick is to:

• Propose a process for regulating novel space activities, not including human spaceflight, within 150 days (commonly referred to as mission authorization, a debate that has been ongoing since the Obama Administration).
• Elevate the Office of Space Commerce, currently part of NOAA, to the Office of the Secretary (also a proposal from past Administrations).

Several agencies are directed to work together to reform regulatory barriers to next generation spaceport infrastructure:

• The Secretary of Commerce in consultation with the Secretary of Defense, the Secretary of Transportation, and the Administrator of NASA are to “conduct an evaluation of relevant States’ compliance under the Coastal Zone Management Act pursuant to 16 U.S.C. 1458, the effect of any lack of compliance on the development of spaceport infrastructure, and whether State approvals under that Act should be revoked.” In addition, “the Secretary of Defense, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of NASA shall notify the Department of Justice of any State or local limitations on spaceport development on Federal lands that may be inconsistent with Federal law.”
• The Secretary of Defense, Secretary of Transportation, and Administrator of NASA are to execute a Memorandum of Understanding aligning review processes for spaceport development within 180 days.
• The Secretary of Defense, Secretary of the Interior, Secretary of Transportation, and Administrator of NASA are to “use all available authorities to expedite their respective environmental and administrative reviews for authorizations, permits, approval, real property leases, and any other activity relevant to spaceport infrastructure development.”
• The Secretary of Defense, Secretary of Transportation, and Administrator of NASA, “mindful of the significant national security imperatives inherent in commercial space advancement, consider for all spaceport development projects whether to submit an application to the Endangered Species Committee pursuant to 16 U.S.C. 1536(e).”

 

Note: this article has been updated with the number of the Executive Order, 14335.