Regulatory Alert: FAA Releases Spaceport Categorization ARC Final Report

June 25, 2020

Today, the Federal Aviation Administration (FAA) released a final report from the Spaceport Categorization Aviation Rulemaking Committee (ARC), which FAA convened to solicit recommendations on how to categorize future spaceports and better communicate with stakeholders about activities that may occur at a spaceport. In its final report, the ARC recommended that FAA require prospective spaceports to disclose a series of data about their operations and capabilities to stakeholders and the public. In addition, the ARC outlined a series of issues with the existing spaceport licensing process, including, among other things, the aviation community's recommendation that FAA needs to better address, through the spaceport licensing process, negative impacts to existing airspace users caused by nearby launches.

The ARC was composed of members representing airports, spaceports, launch operators, consulting firms and industry member organizations. AAAE actively participated in the ARC and took on a leadership role for one of the three task groups. You may view the Spaceport Categorization ARC's final report.

Background. In 2018, FAA chartered the Spaceport Categorization ARC to review and provide comments and recommendations on a proposed spaceport categorization scheme that the agency developed to help communicate with stakeholders and the public on issues involving spaceports, also known as launch or reentry site operators. Throughout the course of the meetings, however, the ARC determined that a categorization scheme was unnecessary and instead focused on other potential methods for communicating the activities of a spaceport. The ARC also considered and opined on the existing spaceport licensing process. Because the ARC could not obtain consensus on recommendations to improve the process, the aviation and commercial space communities provided separate opinions.

Spaceport Data Disclosure Recommendation. One of the ARC's recommendations was the need for prospective spaceports to disclose data on their operations and capabilities to all stakeholders and the general public, including location of the site; what types of launches and landings may be accommodated; the size of vehicles and type of payload that may be launched from the site; runway data; any environmental assessments that have been conducted; emergency resources available; among others. This is similar to how FAA's digital chart supplement discloses critical details about U.S. airports for prospective aircraft operators and other stakeholders.

Existing Licensing Process Concerns. The aviation community, including airports, expressed a number of concerns with the existing spaceport licensing process. The community urged FAA to, among other things:

Minimize operational impacts to existing airspace users and operators through the site operator's application process;
Consider and link the site licensing process to at least one operator, similar to how the existing Part 139 commercial aviation process is linked to at least one commercial carrier;
More thoroughly consider potential safety impacts to the public, both on and off spaceport property, related to all aspects of the launch mission; and
Evaluate the cumulative noise impacts to nearby community residents from all users, including launch operators, military bases, and commercial aviation (not just the space vehicle operator).

What's Next. AAAE continues to monitor and engage with FAA and other stakeholders on several ongoing initiatives that may impact the future of spaceports and the licensing of commercial space operators.

Streamlining Commercial Space Operator Licensing. FAA is currently adjudicating comments that AAAE and other stakeholders submitted in response to a proposed rulemaking that would streamline the licensing requirements for commercial space vehicle operators. A final rule is expected in fall 2020 and AAAE has urged the agency to ensure that operators better consider and address the negative impacts of their launches on nearby airports and airspace users before receiving a launch license.
Modernizing Regulations for Launch and Reentry Site Operators. Launch and reentry site operators, or spaceports, are regulated separately from commercial space vehicle operators. Pam Underwood, Director of the Office of Spaceports, recently advised the Commercial Space Transportation Advisory Committee (COMSTAC) that one of her office's strategic goals and focus areas is to modernize the regulation of these site operators to promote increased public safety for the growing industry. This is an area that AAAE continues to closely monitor and support. You can view a recording of the June 22 COMSTAC meeting here.

AAAE is planning to have Pam Underwood brief our Commercial Space Working Group, which is part of the Operations, Safety, Planning and Emergency Management Committee, in July. If you would like further details or have any questions regarding the final ARC report, please contact Justin Barkowski at justin.barkowski@aaae.org.