Commercial Space Transportation
Development of the Commercial Space Launch Industry Presents Safety Oversight Challenges for FAA and Raises Issues Affecting Federal Roles Gao ID: GAO-10-286T December 2, 2009Since the Government Accountability Office (GAO) reported on the commercial space launch industry in 2006, the industry has evolved and moved further toward space tourism. Commercial space tourism promises to make human space travel available to the public for the first time. The Federal Aviation Administration (FAA) oversees the safety of commercial space launches, licensing and monitoring the safety of such launches and of spaceports (sites for launching spacecraft), and FAA promotes the industry. FAA is also responsible for overseeing the safety of space tourism, but it may not regulate crew and passenger safety before 2012 except in response to high-risk incidents, serious injuries, or fatalities. This testimony addresses (1) recent trends in the commercial space launch industry, (2) challenges that FAA faces in overseeing the industry, and (3) emerging issues that will affect the federal role. This statement is based on GAO's October 2006 report on commercial space launches, updated with information GAO gathered from FAA, the Department of Commerce, and industry experts in November 2009 on industry trends and recent FAA actions. In past work, GAO recommended that FAA take several actions to improve its oversight of commercial space launches, including assessing its future resource needs. FAA has taken some steps to address the recommendations.
Recent Trends: Historically, the commercial space launch industry focused primarily on putting payloads, such as satellites, into orbit, using launch vehicles that did not return to earth. Such launches have, however, dropped off, and the industry is increasing its focus on space tourism. Since five manned commercial flights demonstrated the potential for commercial space tourism in 2004, companies have pursued research and development and are further developing reusable vehicles for manned flights. Concurrently, companies and states are developing additional spaceports to accommodate anticipated increases in commercial space launches. States have provided economic incentives, and FAA has provided some funding for development. Oversight Challenges: In overseeing the commercial space launch industry, including the safety of space tourism, FAA faces several challenges. These include maintaining a sufficient number of staff with the necessary expertise to oversee the safety of launches and spaceport operations; determining whether FAA's current safety regulations are appropriate for all types of commercial space vehicles, operations, and launch sites; developing information to help FAA decide when to regulate crew and passenger safety after 2012; and continuing to avoid conflicts between FAA's regulatory and promotional roles. Emerging Issues: The U.S. commercial space launch industry is expected to expand as space tourism develops and the National Aeronautics and Space Administration starts to rely on the commercial sector for space transportation. This expansion will affect the federal role. For example, FAA will face increases in its licensing and regulatory workload, and federal agencies and Congress will face decisions about whether to support the U.S. industry by continuing to provide liability indemnification to lower its costs. Additionally, FAA will face policy and procedural issues when it integrates the operations of spacecraft into its next generation air transportation system. Finally, coordinating the federal response to the commercial space industry's expansion is an issue for the federal government in the absence of a national space launch strategy for setting priorities and establishing federal agency roles.
GAO-10-286T, Commercial Space Transportation: Development of the Commercial Space Launch Industry Presents Safety Oversight Challenges for FAA and Raises Issues Affecting Federal Roles
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Testimony:
Before the Subcommittee on Aviation, Committee on Transportation and
Infrastructure, House of Representatives:
United States Government Accountability Office:
GAO:
For Release on Delivery:
Expected at 10:00 a.m. EST:
Wednesday, December 2, 2009:
Commercial Space Transportation:
Development of the Commercial Space Launch Industry Presents Safety
Oversight Challenges for FAA and Raises Issues Affecting Federal Roles:
Statement of Gerald L. Dillingham, Ph.D., Director:
Physical Infrastructure Issues:
GAO-10-286T:
GAO Highlights:
Highlights of GAO-10-286T, a testimony before the Subcommittee on
Aviation, Committee on Transportation and Infrastructure, House of
Representatives.
Why GAO Did This Study:
Since GAO reported on the commercial space launch industry in 2006, the
industry has evolved and moved further toward space tourism. Commercial
space tourism promises to make human space travel available to the
public for the first time. The Federal Aviation Administration (FAA)
oversees the safety of commercial space launches, licensing and
monitoring the safety of such launches and of spaceports (sites for
launching spacecraft), and FAA promotes the industry. FAA is also
responsible for overseeing the safety of space tourism, but it may not
regulate crew and passenger safety before 2012 except in response to
high-risk incidents, serious injuries, or fatalities.
This testimony addresses (1) recent trends in the commercial space
launch industry, (2) challenges that FAA faces in overseeing the
industry, and (3) emerging issues that will affect the federal role.
This statement is based on GAO‘s October 2006 report on commercial
space launches, updated with information GAO gathered from FAA, the
Department of Commerce, and industry experts in November 2009 on
industry trends and recent FAA actions.
In past work, GAO recommended that FAA take several actions to improve
its oversight of commercial space launches, including assessing its
future resource needs. FAA has taken some steps to address the
recommendations.
What GAO Found:
Recent Trends. Historically, the commercial space launch industry
focused primarily on putting payloads, such as satellites, into orbit,
using launch vehicles that did not return to earth. Such launches have,
however, dropped off, and the industry is increasing its focus on space
tourism. Since five manned commercial flights demonstrated the
potential for commercial space tourism in 2004, companies have pursued
research and development and are further developing reusable vehicles
for manned flights. Concurrently, companies and states are developing
additional spaceports to accommodate anticipated increases in
commercial space launches. States have provided economic incentives,
and FAA has provided some funding for development.
Oversight Challenges. In overseeing the commercial space launch
industry, including the safety of space tourism, FAA faces several
challenges. These include maintaining a sufficient number of staff with
the necessary expertise to oversee the safety of launches and spaceport
operations; determining whether FAA‘s current safety regulations are
appropriate for all types of commercial space vehicles, operations, and
launch sites; developing information to help FAA decide when to
regulate crew and passenger safety after 2012; and continuing to avoid
conflicts between FAA‘s regulatory and promotional roles.
Emerging Issues. The U.S. commercial space launch industry is expected
to expand as space tourism develops and the National Aeronautics and
Space Administration starts to rely on the commercial sector for space
transportation. This expansion will affect the federal role. For
example, FAA will face increases in its licensing and regulatory
workload, and federal agencies and Congress will face decisions about
whether to support the U.S. industry by continuing to provide liability
indemnification to lower its costs. Additionally, FAA will face policy
and procedural issues when it integrates the operations of spacecraft
into its next generation air transportation system. Finally,
coordinating the federal response to the commercial space industry‘s
expansion is an issue for the federal government in the absence of a
national space launch strategy for setting priorities and establishing
federal agency roles.
Figure: SpaceShipOne:
[Refer to PDF for image: photograph]
Source: Scaled Composites.
[End of figure]
View [hyperlink, http://www.gao.gov/products/GAO-10-286T] or key
components. For more information, contact Gerald L. Dillingham at (202)
512-2834 or dillinghamg@gao.gov.
[End of section]
Mr. Chairman and Members of the Subcommittee:
Thank you for the opportunity to testify today on the Federal Aviation
Administration's (FAA) oversight of the commercial space launch
industry. Historically, commercial space launches carried payloads,
generally satellites, into orbit using expendable launch vehicles--that
is, vehicles that are only used once. These launches took place
primarily at federal launch sites. In recent years, the industry has
changed significantly--most notably, the successful launches of
SpaceShipOne in 2004 raised the possibility of an emerging commercial
space tourism industry that would make human space travel available to
the public for the first time. Now, several companies are developing
reusable launch vehicles for commercial space tourism and plan to test
them within the next few years.[Footnote 1] In addition, the National
Aeronautics and Space Administration (NASA) plans to retire the space
shuttle around 2010 and begin using commercial launches to carry cargo
and possibly astronauts to the International Space Station. To support
an expected growth in commercial space launches, commercial spaceports--
which are sites used for launching spacecraft--are being developed by
private companies and states. FAA's Office of Commercial Space
Transportation is responsible for licensing and monitoring the safety
of commercial space launches and spaceports and promoting the industry.
The Commercial Space Launch Amendments Act of 2004[Footnote 2] gave FAA
the specific responsibility of regulating commercial human space
flight, but, to allow the industry to experiment and mature, the act
prohibits FAA from regulating crew and passenger safety before 2012
except in response to high-risk incidents, serious injuries or
fatalities, or an event that poses a high risk of causing a serious or
fatal injury.[Footnote 3]
My testimony today focuses on (1) recent trends in the commercial space
launch industry, (2) challenges that FAA faces in overseeing the
industry, and (3) emerging issues that will affect the federal role.
This statement is based on our October 2006 report on commercial space
launches[Footnote 4] and is updated with information we gathered from
FAA, the Department of Commerce, and industry experts in November 2009
on industry trends and recent FAA actions. Our work on the October 2006
report included reviewing FAA's safety oversight processes and
interviewing federal government officials and industry representatives
to assess FAA's response to emerging industry issues. Appendix I
provides an update of the actions that FAA has taken in response to our
previous recommendations.
We conducted our work in accordance with generally accepted government
auditing standards. Those standards require that we plan and perform
the audit to obtain sufficient, appropriate evidence to provide a
reasonable basis for our findings and conclusions based on our audit
objectives. We believe that the evidence obtained provides a reasonable
basis for our findings and conclusions based on our audit objectives.
Recent Trends in the Commercial Space Launch Industry:
To date, the commercial space launch industry has primarily focused on
putting payloads, such as satellites, into orbit, using launch vehicles
that are used only once. The number of launches for this purpose has,
however, dropped off, and the industry appears to be increasing its
focus on space tourism. Apart from the five manned flights in 2004,
efforts thus far have consisted of tests for research and development
purposes, but companies are continuing to develop vehicles for manned
flights. Concurrently, companies and states are developing additional
spaceports to accommodate anticipated commercial space tourism flights,
with states providing economic incentives for development. As part of
FAA's mission to promote the commercial space industry, federal funds
have also supported infrastructure development at one spaceport.
Launch Trends:
There are three main types of space launches--national security, civil,
and commercial. National security launches are by the Department of
Defense for defense purposes, and civil launches are by NASA for
scientific and exploratory purposes. Commercial launch companies
compete domestically and internationally for contracts to carry
payloads, such as satellites, into orbit using expendable launch
vehicles, which are unmanned, single-use vehicles. Except for the
launches of SpaceShipOne in 2004, U.S. commercial space launches have
been unmanned. Designed to carry crew and one passenger, SpaceShipOne
was the first commercial reusable launch vehicle mission licensed by
FAA.
After reaching a peak of 22 launches in 1998 (see fig. 1), the number
of commercial space launches began to fluctuate and generally decline
following a downturn in the telecommunications services industry, which
was the primary customer of the commercial space launch industry. In
the last several years, two trends have emerged. First, there has been
a drop-off in U.S. commercial orbital launches. In part, this may be
because the U.S. commercial space launch industry is not price
competitive with foreign companies, some of which receive extensive
government support, according to Department of Commerce officials.
Second, FAA began issuing experimental permits in 2006 to companies
seeking to conduct test launches of reusable launch vehicles. According
to industry experts that we spoke with, over the past 3 years the
commercial space launch industry has experienced a steady buildup of
research and development efforts, including ground tests and low-
altitude flight tests of reusable rocket-powered vehicles that are
capable of takeoffs and landings.
Figure 1: U.S. Commercial Launches, 1997 to November 2009:
[Refer to PDF for image: vertical bar graph]
Year: 1997;
Number of FAA Licensed Launches: 17.
Year: 1998;
Number of FAA Licensed Launches: 22.
Year: 1999;
Number of FAA Licensed Launches: 17.
Year: 2000;
Number of FAA Licensed Launches: 10.
Year: 2001;
Number of FAA Licensed Launches: 6.
Year: 2002;
Number of FAA Licensed Launches: 7.
Year: 2003;
Number of FAA Licensed Launches: 8.
Year: 2004[A];
Number of FAA Licensed Launches: 14.
Year: 2005;
Number of FAA Licensed Launches: 5.
Year: 2006;
Number of FAA Licensed Launches: 7;
Number of FAA Permitted Launches: 6.
Year: 2007;
Number of FAA Licensed Launches: 4;
Number of FAA Permitted Launches: 9.
Year: 2008;
Number of FAA Licensed Launches: 11;
Number of FAA Permitted Launches: 5.
Year: 2009;
Number of FAA Licensed Launches: 5.
Source: GAO analysis of FAA data.
[A] Includes licensed suborbital launches by Scaled Composites.
[End of figure]
Manned commercial space launches took place for the first and only time
with the five manned flights of SpaceShipOne in 2004. Although
additional manned flights were anticipated, they have not materialized
since we issued our report in 2006. A number of companies--including
Scaled Composites, which is developing SpaceShipTwo--are continuing to
develop vehicles for manned flights, but they are not yet developed to
a testing stage, which would require a launch license or experimental
permit.[Footnote 5]
The Number of Spaceports Is Increasing:
Since we reported in 2006, private companies and states are developing
additional spaceports to accommodate anticipated commercial space
tourism flights and to expand the nation's launch capacity. In 2006,
there were six FAA-licensed spaceports and eight proposed spaceports.
Since then, one of the proposed spaceports (Spaceport America in New
Mexico) has begun operating and one (Gulf Coast Regional Spaceport) has
terminated its plans. Two new spaceports in Florida have applied for
FAA licenses. Figure 2 shows the existing and proposed spaceports and
federal launch sites used for commercial launches.
Figure 2: Existing and Proposed Spaceports in the United States as of
November 2009:
[Refer to PDF for image: U.S. map]
U.S. federal spaceport:
Edwards Air Force Base;
Kennedy Space Center and Cape Canaveral Air Force Station;
Ronald Reagan Ballistic Missile Test Site (Kwajalein Atoll, Marshall
Islands);
Vandenberg Air Force Base;
Wallops Flight Facility;
White Sands Missile Range.
Non-federal spaceport:
Blue Origin[A];
California Spaceport;
Mid-Atlantic Regional Spaceport;
Mojave Air and Space Port;
Oklahoma Spaceport;
Sea Launch Platform (Equatorial Pacific Ocean)[A];
Spaceport America.
Proposed non-federal spaceport:
Cape Canaveral Spaceport;
Cecil Field Spaceport;
Chugwater Spaceport;
South Texas Spaceport;
Spaceport Alabama;
Spaceport Sheboygan;
Spaceport Washington;
West Texas Spaceport.
Source: FAA and GAO.
[A] Private facility with a sole site operator.
[End of figure]
States have provided economic incentives to developers--including
passing legislation to decrease liability and lower the tax burden for
developers, according to FAA--to build spaceports to attract space
tourism and provide economic benefits to localities; FAA has provided
funding assistance for infrastructure development. For example, New
Mexico provided $100 million to construct Spaceport America. According
to an official from the Oklahoma spaceport, Oklahoma provides
approximately $500,000 annually to the spaceport for operations, and
the state paid for the environmental impact statement and the safety
analysis needed to apply for an FAA license. The Florida Space
Authority, a state agency, invested over $500 million in new space
industry infrastructure development, including upgrades to the launch
pad, a new space operations support complex, and a reusable launch
vehicle support complex. The Mid-Atlantic Regional Spaceport receives
half of its funding from Virginia and Maryland, with the remainder
coming from revenue from operations. According to FAA, Florida and
Virginia also passed bills that grant an exemption from state income
tax for either launch services or gains achieved from providing
services to the International Space Station. In addition, the Mojave
Spaceport in California received an FAA Airport Improvement Program
grant of $7.5 million to expand an existing runway to allow for the
reentry of horizontally landing reusable vehicles.
Challenges Facing FAA in Overseeing the Commercial Space Launch
Industry:
FAA faces challenges in ensuring that it has a sufficient number of
staff with the necessary expertise to oversee the safety of commercial
space launches and spaceport operations. In addition, FAA will need to
determine whether its current safety regulations are appropriate for
all types of commercial space vehicles, operations, and launch sites.
FAA will also need to develop safety indicators and collect data to
help it determine when to begin to regulate crew and passenger safety
after 2012. Continuing to avoid conflicts between its dual roles as a
safety regulator and an industry promoter remains another issue to
consider as the space tourism industry develops.
FAA Resources and Workload:
In 2006, we raised concerns that if the space tourism industry
developed as rapidly as some industry representatives suggested, FAA's
responsibility for licensing reusable launch vehicle missions would
greatly expand. FAA's experience in this area is limited because its
launch safety oversight has focused primarily on unmanned launches of
satellites into orbit using expendable launch vehicles. Many companies
are developing space hardware of different designs that are being
tested for the first time, requiring that FAA have a sufficient level
of expertise to provide oversight. In addition, FAA has to have an
adequate number of staff to oversee the anticipated growth in the
number of launches at various locations. We recommended that FAA assess
the levels of expertise and resources that will be needed to oversee
the safety of the space tourism industry and the new spaceports under
various scenarios and timetables. In response to our recommendations,
FAA's Office of Commercial Space Transportation hired 12 aerospace
engineers, bringing its total staff to 71 full-time employees. In
addition, since our report, FAA has established field offices at
Edwards Air Force Base and NASA's Johnson Space Center in anticipation
of increased commercial space launches.
We believe FAA has taken reasonable steps to ensure that it has
adequate resources to fulfill its safety oversight role. However, if
the industry begins to expand, as senior FAA officials predict, to 200
to 300 annual launches, a reassessment of FAA's resources and areas of
expertise would be appropriate. Moreover, as NASA-sponsored commercial
space launches increase, FAA's need for regulatory resources and
expertise may change, according to industry experts we spoke with.
Suitability of Safety Regulations to Cover Both Federal Launch Sites
and Commercial Spaceports:
FAA faces the challenge of ensuring that its regulations on licensing
and safety requirements for launches and launch sites, which are based
on safety requirements for expendable launch vehicle operations at
federal launch sites, will also be suitable for operations at
spaceports. We reported that the safety regulations for expendable
launch vehicles may not be suitable for space tourism flights because
of differences in vehicle types and launch operations, according to
experts we spoke with. Similarly, spaceport operators and experts we
spoke with raised concerns about the suitability of FAA safety
regulations for spaceports. Experts told us that safety regulations
should be customized for each spaceport to address the different safety
issues raised by various types of operations, such as different orbital
trajectories and differences in the way that vehicles launch and return
to earth--whether vertically or horizontally. To address these
concerns, we reported that it will be important to measure and track
safety information and use it to determine if the regulations should be
revised. We did not make recommendations to FAA concerning these issues
because the Commercial Space Launch Amendments Act of 2004 required the
Department of Transportation (DOT) to commission an independent report
to analyze, among other things, whether expendable and reusable
vehicles should be regulated differently from each other, and whether
either of the vehicles should be regulated differently if carrying
passengers. The report, issued in November 2008, concluded that the
launch of expendable vehicles, when used to lift reusable rockets
carrying crew and passengers, as well as the launch and reentry of
reusable launch vehicles with crew and passengers, should be regulated
differently from the launch of expendable vehicles without humans
aboard.[Footnote 6] Similar to our finding, the report noted that the
development of a data system to monitor the development and actual
performance of commercial launch systems and to better identify
different launch risk factors and criteria would greatly assist the
regulatory process. FAA has not developed such a data system because so
few commercial launches have occurred.
Regulation of Crew and Passenger Safety after 2012:
Although FAA is prohibited from regulating crew and passenger safety
before 2012 except in response to serious injuries or fatalities or an
event that poses a high risk of causing a serious or fatal injury, FAA
is responsible for the protection of the uninvolved public, which could
be affected by a failed mission. FAA has interpreted this limited
authority as allowing it to regulate crew safety in certain
circumstances and has been proactive in issuing a regulation concerning
emergency training for crews and passengers.[Footnote 7] However, FAA
has not developed indicators that it would use to monitor the safety of
the developing space tourism sector and determine when to step in and
regulate human space flight. To allow the agency to be proactive about
safety, rather than responding only after a fatality or serious
incident occurs, we recommended that FAA identify and continually
monitor indicators of space tourism industry safety that might trigger
the need to regulate crew and passenger safety before 2012. According
to agency officials, FAA has not addressed our recommendation because
there have been no launches with passengers. When such launches occur,
those same officials told us, they intend to collect and analyze data
on safety-related anomalies, safety-critical system failures,
incidents, and accidents. Those officials also told us that they intend
to develop a means to share information with and assess lessons learned
from the private spaceflight industry.
It is unclear when FAA will or should begin regulating crew and
passenger safety, since data for evaluating risk do not exist. A senior
FAA official told us that the agency does not plan to issue new
regulations even after the 2012 prohibition is lifted and that they
would like to see how the current procedures, which require passengers
to sign an acknowledgement of informed consent, operates before
deciding to issues new regulations. Nonetheless, FAA is taking steps
that will enable it to be prepared to regulate. Space tourism companies
that we spoke with stated that they now informally collect lessons
learned and share best practices with each other and with FAA, which
eventually could lead to industry standards. Senior FAA officials also
told us that FAA is reviewing NASA's human rating of space launch
vehicles as well as FAA's Office of Aviation Safety aircraft
certification process as they consider possible future regulations on
human spaceflight standards. In addition, FAA's Office of Commercial
Space Transportation expects to work closely with its industry advisory
group--the Commercial Space Transportation Advisory Committee--on the
issue. We believe FAA is taking reasonable preliminary steps to
regulate crew and passenger safety.
Distinguishing FAA's Dual Role of Industry Promotion and Safety:
In 2006, we reported that FAA faced the potential challenge of
overseeing the safety of commercial space launches while promoting the
industry. While we found no evidence that FAA's promotional activities--
such as sponsoring an annual industry conference and publishing
industry studies--conflicted with its safety regulatory role, we noted
that potential conflicts may arise as the space tourism sector
develops. We reported that as the commercial space launch industry
evolves, it may be necessary to separate FAA's regulatory and
promotional activities. Recognizing the potential conflict, Congress
required the 2008 DOT-commissioned report to discuss whether the
federal government should separate the promotion of human space flight
from the regulation of such activity. We suggested as a matter for
congressional consideration that, if the report did not fully address
the potential for a conflict of interest, Congress should revisit the
granting of FAA's dual mandate for safety and promotion of human space
flight and decide whether the elimination of FAA's promotional role is
necessary to alleviate the potential conflict. The 2008 commissioned
report concluded there was no compelling reason to remove promotional
responsibilities from FAA in the near term (through 2012). Moreover,
the report noted that the Office of Commercial Space Transportation's
estimated resource allocation for promotional activities was
approximately 16 percent of the office's budget in fiscal year 2008,
which was significantly less than what the office allocated for
activities directly related to safety. However, the report noted that
the commercial space launch industry will experience significant
changes in its environment in the coming decades; therefore, periodic
review of this issue is warranted. We concur with the commissioned
report's assessment and see no need for Congress to step in at this
time to require a separation of regulatory and promotional activities.
However, FAA and Congress must remain vigilant that any inappropriate
relationship between FAA and industry--such as was alleged in 2008
between FAA and the airline industry--does not occur with the
commercial space launch industry.
Emerging Issues:
The expected expansion of the U.S. commercial space launch industry due
to anticipated events such as the development of space tourism and the
retirement of NASA's space shuttle and the agency's shift to using the
commercial sector to provide space transportation will affect the
federal role in various ways such as increasing FAA's licensing and
regulatory workload. To assist in the expansion of the industry, other
issues will emerge for federal agencies and Congress to consider, such
as whether to assist the industry in lowering costs by extending
existing liability indemnification and how to enhance the global
competitiveness of the U.S. industry. Another issue that will emerge as
the industry grows is how FAA will integrate space flights with
aircraft traffic as part of efforts to develop the next generation air
transportation system (NextGen). A national space launch strategy,
which is currently lacking, could provide a cohesive framework for
addressing such issues and establishing national priorities.
Expected Industry Expansion:
Industry experts that we spoke with and senior officials at FAA expect
that the number of commercial space launches will increase over the
next several years because of the continued development of vehicles for
human space flight and in response to prize competitions. Starting in
the next 3 to 5 years, senior FAA officials expect several companies to
begin offering paying customers the opportunity to fly onboard
suborbital space flights,[Footnote 8] with numerous launches taking
place each year. Virgin Galactic is among the companies that are
undertaking research and development for launch vehicles designed to
serve the anticipated space tourism market. FAA reported in 2008 that
the company had sold 250 seats for its flights. Scaled Composites and
Virgin Galactic formed a joint venture to develop SpaceShipTwo for
Virgin Galactic. Other companies, such as XCOR Aerospace and Armadillo
Aerospace, have announced plans to develop vehicles to serve the
personal spaceflight market. In addition, prize competitions are
expected to spur the growth of the space launch industry. For example,
the Northrop Grumman Lunar Lander Challenge featured $1.65 million in
prizes for vehicles that can simulate the liftoff and landing of a
lunar spacecraft; prizes were awarded to Masten Space Systems and
Armadillo Aerospace in November 2009. Both companies told us that they
intend to apply for FAA experimental permits soon. In addition, the $30
million Google Lunar X PRIZE is offered to those who can safely land a
robot on the surface of the moon, travel 500 meters, and send video
images and data to earth by December 2014. Such competitions spur
research and development and require FAA licensing or permitting to
ensure the safety of the uninvolved public.
Senior FAA officials also expect the agency's licensing and oversight
responsibilities to increase as NASA begins to rely on foreign partners
and private industry to deliver cargo, and eventually crewmembers, to
the International Space Station after it retires the space shuttle in
2010 or shortly thereafter. Two companies--SpaceX and Orbital Sciences--
have received NASA contracts to develop new launch vehicles that will
service the International Space Station. According to FAA officials and
industry experts, test flights for the new vehicles are expected to
begin next year with SpaceX at the beginning of the year and Orbital
Sciences near the end of the year. FAA is working with SpaceX on its
launch license application and Orbital Sciences is in the pre-
application phase. FAA has established a field office at the Johnson
Space Center in response to the anticipated increase in launches.
Maintaining an International Competitive Position for the U.S.
Commercial Space Launch Industry:
We reported in 2006 that as the commercial space launch industry
expands, it will face key competitive issues concerning high launch
costs and export controls that affect its ability to sell its services
abroad. Foreign competitors have historically offered lower launch
prices than U.S. launch providers, and the U.S. industry has responded
by merging launch companies, forming international partnerships, and
developing lower-cost launch vehicles. For example, Boeing and Lockheed
Martin merged their launch operations to form United Launch Alliance,
and SpaceX developed a lower-cost launch vehicle. The U.S. government
has responded to the foreign competition by providing the commercial
space launch industry support, including research and development
funds, government launch contracts, use of its launch facilities, and
third-party liability insurance through which it indemnifies launch
operators.
The continuation of such federal involvement will assist industry
growth, according to industry experts that we spoke with. For example,
industry players have called for the continuation of indemnification to
support U.S. competitiveness. Indemnification secures another party
against risk or damage. The U.S. government indemnifies launch
operators by providing catastrophic loss protection covering third-
party liability claims in excess of required launch insurance in the
event of a commercial launch incident. Currently, launch operators are
required to buy third-party liability insurance for up to $500 million
in addition to insurance for their vehicle and its operations, and the
U.S. government provides up to $1.5 billion in indemnification. The law
that allows for indemnification expires in December 2009.[Footnote 9]
Some industry experts have said that it is important that the law be
extended because the cost of providing insurance for launches could be
unaffordable without indemnification. According to a space insurance
expert, as there has not been an incident requiring the U.S. government
to pay out third-party claims, the cost to the government of providing
indemnification has been only for administrative purposes. Nonetheless,
according to a senior Commerce official, there is always a possibility
of a launch mishap that could invoke indemnification. FAA has asked for
the law's extension as a means to promote the growth of the industry,
and the Department of Commerce supports this position. A senior
Commerce official told us that without federal indemnification, smaller
launch companies may go out of business.
In addition, industry representatives that we interviewed told us that
export licensing requirements affect the ability of the U.S. commercial
space launch industry to sell its services abroad. These regulations
are designed to establish controls to ensure that arms exports are
consistent with national security and foreign policy interests include
launch vehicles because they can deliver chemical, biological, and
nuclear weapons. A senior Department of Commerce official told us that
the U.S. industry has asked Congress to consider changing the statute
that restricts space manufacturing items for export. A change in
statute would allow for the Departments of State and Defense to review
individual items, as they do for other industries.
As the space tourism industry develops, the issue will arise of
establishing a foundation for a common global approach to launch
safety. According to senior FAA officials, space tourism operations are
planned to be international, with takeoffs and landings from U.S.
spaceports to United Arab Emirates and Singapore spaceports, among
others. Thus, the development, interoperability, and harmonization of
safety standards and regulations, particularly concerning space tourism
flights, will be important for the safety of U.S. and international
space operations. In the future, if suborbital point-to-point space
travel becomes a reality, entirely new issues will have to be
addressed, including bilateral and international interoperability, air
and space traffic integration, existing treaty and law implications,
national security issues (such as friend or foe identification),
customs, international technical standards, and other transportation
issues. In response, FAA has established an international outreach
program to promote FAA commercial space transportation regulations as a
model for other countries to adopt. The outreach program includes
establishing initial contacts with interested countries and
introductory briefings about FAA regulations.
Integrating Space Transportation into NextGen:
NextGen--FAA's efforts to transform the current radar-based air traffic
management system into a more automated, aircraft-centered, satellite-
based system--will need to accommodate spacecraft that are traveling to
and from space through the national airspace system. As the commercial
space launch industry grows and space flight technology advances, FAA
expects that commercial spacecraft will frequently make that transition
and the agency will need tools to manage a mix of diverse aircraft and
space vehicles in the national airspace system. In addition, the agency
will need to develop new policies, procedures, and standards for
integrating space flight operations into NextGen. For example, it will
have to define new upper limits to the national airspace system to
include corridors for flights transitioning to space; establish new air
traffic procedures for flights of various types of space vehicles, such
as aircraft-ferried spacecraft and gliders; develop air traffic
standards for separating aircraft and spacecraft in shared airspace;
and determine controller workload and crew rest requirements for space
operations. FAA has begun to consider such issues and has developed a
concept of operations document.
Lack of an Overarching National Space Launch Policy:
Finally, an overarching issue that has implications for the U.S.
commercial space launch industry is the lack of a comprehensive
national space launch strategy, according to federal officials and
industry experts. Numerous federal agencies have responsibility for
space activities, including FAA's oversight of commercial space
launches, NASA's scientific space activities, the Department of
Defense's national security space launches, the State Department's
involvement in international trade issues, and the Department of
Commerce's advocacy and promotion of the industry. According to the
National Academy of Sciences, aligning the strategies of the various
civil and national security space agencies will address many current
issues arising from or exacerbated by the current uncoordinated,
overlapping, and unilateral strategies.[Footnote 10] A process of
alignment offers the opportunity to leverage resources from various
agencies to address such shared challenges as the diminished space
industrial base, the dwindling technical workforce, and reduced funding
levels, according to the Academy report. A national space launch
strategy could identify and fill gaps in federal policy concerning the
commercial space launch industry, according to senior FAA and Commerce
officials.
Our research has identified several gaps in federal policy for
commercial space launches. For example, while FAA has safety oversight
responsibility for the launch and re-entry of commercial space
vehicles, agency officials told us that no federal entity has oversight
of orbital operations, including the collision hazard while in orbit
posed by satellites and debris (such as spent rocket stages, defunct
satellites, and paint flakes from orbiting objects). Another issue that
has not been resolved is the role of the National Transportation Safety
Board (NTSB) in investigating any accidents that occur. NTSB does not
have space transportation explicitly included in its statutory
jurisdiction, although it does have agreements with FAA and the Air
Force under which it will lead investigations of commercial space
launch accidents.[Footnote 11] The 2008 commissioned report on human
space flight suggested that Congress may want to consider explicitly
designating a lead agency for accident investigations involving space
vehicles to avoid potential overlapping jurisdictions. According to
senior officials we spoke with at FAA and Commerce, the need for an
overall U.S. space launch policy that includes commercial space
launches is being discussed within DOT and across departments, as part
of the administration's review of national space activities, but the
development of a national policy has not yet begun.
Mr. Chairman, this concludes my prepared statement. I would be pleased
to respond to any questions from you or other Members of the
Subcommittee.
[End of section]
GAO Contact and Staff Acknowledgments:
For further information on this testimony, please contact Dr. Gerald L.
Dillingham at (202) 512-2834 or dillinghamg@gao.gov. Individuals making
key contributions to this testimony include Teresa Spisak, Maureen Luna-
Long, Rosa Leung, Erica Miles, David Hooper, and Elizabeth Eisenstadt.
[End of section]
Appendix I: Status of GAO's Recommendations to the Federal Aviation
Administration Concerning Commercial Space Launches:
Recommendation: The Federal Aviation Administration (FAA) needs to
assess the level of expertise and resources that will be needed to
oversee the safety of the space tourism industry and the new spaceports
under various scenarios and timetables;
Action taken: FAA has assessed resources and hired 12 additional
aerospace engineers.
Recommendation: FAA's Office of Commercial Space Transportation should
develop a formal process for consulting with the Office of Aviation
Safety about licensing reusable launch vehicles;
Action taken: FAA has not developed a formal process, but the two
offices signed a formal agreement for the licensing of SpaceShipTwo,
which delineates the responsibilities for each office. Agency officials
expect that a similar process will be used as future applications are
received.
Recommendation: FAA should identify and continually monitor space
tourism safety indicators that might trigger the need to regulate crew
and flight participant safety before 2012;
Action taken: No action has been taken on monitoring safety indicators
because commercial human space flights have not occurred since the
SpaceShipOne launches in 2004. When commercial human space flights
occur, FAA plans to monitor key safety indicators including safety-
related anomalies, safety-critical system failures, incidents, and
accidents. FAA officials plan to track these indicators, precursors,
trends, or lessons learned that would warrant additional FAA
regulation.
Recommendation: FAA should develop and issue guidance on the
circumstances under which it would regulate crew and flight participant
safety before 2012;
Action taken: No action has been taken to issue guidance. However,
senior FAA officials say that the agency has held internal discussions
on the circumstances under which it would regulate crew and space
flight participant safety before 2012 in the event of a casualty or
close call. The officials noted that launch vehicle operators are
required to report to FAA mishaps and safety-related anomalies and
failures and take appropriate corrective actions prior to the next
launch.
Recommendation: As long as it has a promotional role, FAA should work
with the Department of Commerce to develop a memorandum of
understanding that clearly delineates the two agencies' respective
promotional roles in line with their statutory obligations and larger
agency missions;
Action taken: FAA's Office of Commercial Space Transportation and
Commerce's Office of Space Commercialization signed a memorandum of
understanding in September 2007. FAA has no agreement with Commerce's
International Trade Administration, which also has responsibilities for
promoting the commercial space industry and its competitiveness.
[End of table]
[End of section]
Footnotes:
[1] A reusable launch vehicle is one that is capable of being launched
into space more than once and takes off and returns to the original
launch site.
[2] Pub. L. No. 108-492, 118 Stat. 3974 (2004).
[3] 49 U.S.C. §70105(c).
[4] GAO, Commercial Space Launches: FAA Needs Continued Planning and
Monitoring to Oversee the Safety of the Emerging Space Tourism
Industry, [hyperlink, http://www.gao.gov/products/GAO-07-16]
(Washington, D.C.: Oct. 20, 2006).
[5] FAA issues four types of licenses: a launch license (for expendable
launch vehicles), a reusable launch vehicle mission license, a reentry
license, and a launch or reentry site operator license. The first three
types of licenses are issued to the operator of a launch vehicle, and
the fourth is issued to the operator of a spaceport. FAA also issues
experimental permits for test flights of reusable launch vehicles.
[6] The Aerospace Corporation, et al., Analysis of Human Space Flight
Safety, Report to Congress (El Segundo, Calif.: Nov. 11, 2008).
[7] 71 Fed. Reg. 75616, December 15, 2006.
[8] A suborbital flight is one in which the launch vehicle ascends and
descends close to the launch site. An orbital flight is one that has an
orbital trajectory over the earth. The difference between orbital and
suborbital flights is based on the trajectory of the flight rather than
altitude.
[9] 49 U.S.C. §70113(f).
[10] Committee on the Rationale and Goals of the U.S. Civil Space
Program, National Research Council, America's Future in Space: Aligning
the Civil Space Program with National Needs (Washington, D.C.: 2009).
[11] S. 2768, 111th Congress (2009), would give NTSB authority to
investigate accidents involving commercial space launch vehicles.
[End of section]
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