Commercial Human Spaceflight

Commercial Human Spaceflight

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October 1, 2021
Commercial Human Spaceflight
Recent commercial flights to space by wealthy
Regulation and Licensing
businesspeople and other private individuals have attracted
In the United States, commercial space launch and
interest both in Congress and among the general public.
reentry—whether carrying humans or just cargo—are
This In Focus summarizes current capabilities and plans for
regulated and licensed by the Department of Transportation,
commercial human spaceflight, explains how it is regulated
via the Office of Commercial Space Transportation in the
and licensed, defines some commonly used terminology,
Federal Aviation Administration (FAA). These functions
and discusses selected policy issues that may be of interest
are authorized by the Commercial Space Launch Act (P.L.
to Congress.
98-575), as amended (51 U.S.C. Chapter 509).
Implementing regulations are at 14 C.F.R. Chapter III.
Capabilities and Plans
The first nongovernmental flight to carry a human into
Commercial space launch operators must obtain a license
space took place in 2004. An experimental rocketplane
from the FAA. There is no fee for this. Most of the
called SpaceShipOne, launched from beneath a carrier
requirements for obtaining a launch license are similar,
aircraft, briefly reached an altitude just above 100
whether or not the planned launch will carry humans. In
kilometers (62 miles), which is one common definition of
most cases, the FAA is explicitly prohibited from issuing
the boundary of space. SpaceShipOne, developed by
regulations to protect the health and safety of humans
Mojave Aerospace Ventures, made two additional
aboard commercial spacecraft. That prohibition, which the
suborbital flights later in 2004 but was then retired.
law describes as a learning period, was intended to avoid
burdening a nascent industry. The learning period was
In 2020, SpaceX became the first company to launch
initially scheduled to expire in 2012. It has been extended
humans into Earth orbit, using its Crew Dragon capsule and
several times, most recently to October 1, 2023.
Falcon 9 rocket to deliver astronauts to the International
Space Station (ISS) under contract to the National
In lieu of FAA regulations for occupant safety, the
Aeronautics and Space Administration (NASA). Crew
Commercial Space Launch Act takes an informed consent
Dragon’s first non-NASA mission, a three-day flight
approach. Operators must notify spaceflight participants
carrying four private individuals, took place in September
(i.e., occupants who are neither government astronauts nor
2021 (see Figure 1). SpaceX is also developing a larger
crew employed by the operator) about the risks of launch
spacecraft called Starship for future human flights to Earth
and reentry and inform them in writing that the U.S.
orbit and beyond.
government has not certified their spacecraft as safe.
Participants must then provide written informed consent.
In December 2018, Virgin Galactic flew an aircraft-
launched rocketplane called SpaceShipTwo, carrying a
In anticipation of the end of the learning period, the U.S.
crew of two, to an altitude just above 50 miles (80
Commercial Space Launch Competitiveness Act (P.L. 114-
kilometers), another definition sometimes used for the
90) directed the FAA to facilitate the development of
boundary of space. In July 2021, a subsequent flight of
voluntary industry consensus standards to improve human
SpaceShipTwo drew public attention because it carried,
occupant safety; report to Congress on the progress of those
among others, Virgin Galactic founder Richard Branson.
standards; and by December 31, 2022, report on its
The anticipated future market for SpaceShipTwo is space
assessment of the industry’s readiness to transition to a
tourism.
safety framework that may include FAA regulations.
Also in July 2021, Blue Origin flew its New Shepard
spacecraft to an altitude just above 100 kilometers,
carrying, among others, Blue Origin founder Jeff Bezos.
Like SpaceShipTwo, New Shepard’s anticipated future
market is space tourism.
As a competitor to SpaceX’s Crew Dragon, Boeing is
developing the Starliner spacecraft, to be launched into
orbit atop an Atlas V rocket made by United Launch
Alliance. The first crewed demonstration flight of Starliner
is anticipated in 2022, under contract to NASA.
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Commercial Human Spaceflight
Figure 1. Private Individuals in Space.
typically last a few minutes, and commercial providers are
The personnel of the three-day Inspiration4 mission, launched
marketing them to potential space tourists for a few
by SpaceX in September 2021, in Earth orbit at an altitude of
hundred thousand dollars. Orbital flights may last several
about 585 kilometers (350 miles).
days or more, and commercial providers may charge tens of
millions of dollars per person.
Selected Issues for Congress
As commercial spaceflight with humans on board becomes
more common, Congress is focusing more closely on
related issues, including safety regulation and the
approaching end of the learning period; the possibility of
requiring fees or taxes analogous to those imposed on other
forms of transportation; environmental impacts; and
evolving public attitudes toward the industry.
Safety Regulation and the Learning Period
As the end of the learning period approaches, Congress may
Source: Photo credit: SpaceX / CC BY-NC-ND 2.0.
consider whether to extend it again or allow it to lapse. This
Terminology
decision may depend on Congress’s assessment of the
maturity of the commercial spaceflight industry, the status
Where Does Space Begin?
of the voluntary standards currently under development as
There is no legal definition of the boundary of space, under
an alternative to regulation, and the FAA’s proposals for
either U.S. or international law. One commonly used
safety regulations it might issue if permitted. For more
definition is an altitude of 100 kilometers, known as the von
details of the current safety framework, including the
Kármán line. This is the definition used by the World Air
timeline of requirements for reports to Congress in the lead-
Sports Federation (Fédération Aéronautique Internationale),
up to the end of the learning period, s ee 51 U.S.C. §50905.
an organization that maintains world records for
aeronautical and astronautical activities.
Fees/Taxes
The FAA licensing process for commercial human
In 2004, the FAA established the Commercial Space
spaceflight does not currently require any fees or taxes.
Astronaut Wings Program to honor commercial spaceflight
Some Members of Congress have suggested that fees or
crew (see FAA Order 8800.2, revised July 2021). One of
taxes analogous to those charged for commercial airline
the program’s eligibility requirements is flight “beyond 50
flights might be appropriate. At a House hearing in June
statute miles above the surface of the Earth,” a definition
2021, Representative John Garamendi asked, “Who pays
for the boundary of space somewhat lower than the von
for all this, the commercial space operators or the
Kármán line.
taxpayers? ... This is going to become much more
expensive as more and more space flights occur.” In July
Who Is an Astronaut?
2021, Representative Earl Blumenauer announced plans to
Similarly, the term astronaut is not defined in law. In the
introduce a SPACE Tax Act that would impose a tax on
Commercial Space Launch Act, 51 U.S.C. §50902 defines
“commercial space flights carrying human passengers for
the term government astronaut based on, among other
purposes other than scientific research.”
criteria, designation by NASA under 51 U.S.C. §20113(n).
The act categorizes other individuals aboard commercial
Environmental Impacts
spacecraft as either crew, if employed by the launch
The FAA licensing process for commercial space launch
provider, or spaceflight participants. The Commercial
and reentry includes an environmental review. In addition,
Space Astronaut Wings Program, which identifies crew
assessing potential environmental impacts is often a major
who receive the award as astronauts, was established
factor in the licensing of new commercial spaceports. High-
administratively by the FAA rather than on the basis of
altitude emissions from rockets directly into the
specific statutory direction. The 1967 Outer Space Treaty, a
stratosphere (which includes the ozone layer) have recently
multilateral treaty that forms the basis of international space
drawn increased attention. Emissions impacts can vary
law, uses the term astronaut but does not define it. The
widely, as different rockets use different fuels.
1968 companion treaty known as the Rescue Agreement
uses the term astronaut only in its formal title (the
Public Attitudes
Agreement on the Rescue of Astronauts, the Return of
Commercial spaceflight, including commercial human
Astronauts, and the Return of Objects Launched into Outer
spaceflight, is perceived by many as a high-tech marvel that
Space); its text uses the phrase personnel of a spacecraft.
can create new markets, contribute to economic growth, and
inspire the public. Localities seeking to establish licensed
Suborbital vs. Orbital
commercial spaceports often cite the potential to promote
A trajectory that reaches a high enough altitude to be
local economic development and sometimes explicitly note
considered as space, but returns without orbiting the Earth,
the potential to attract space tourism. Supporters also argue
is known as suborbital. A trajectory that makes a complete
that a commercial market will reduce costs to the
orbit around the Earth—or more commonly, several
government when NASA purchases launch and reentry
complete orbits—is called orbital. Suborbital flights
services commercially.
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Commercial Human Spaceflight
Yet as the industry grows, some critics are less positive.
as an unapproved course deviation during the July 2021
Jeff Bezos was widely criticized for commenting, after
Virgin Galactic flight. How public attitudes evolve may
returning from his suborbital flight in July 2021, “I want to
affect congressional decisions on the learning period, fees
thank every Amazon employee, and every Amazon
and taxes, environmental impacts, and other issues.
customer, because you guys paid for all this .” In September
2021, the United Nations Secretary-General said that
Daniel Morgan, Specialist in Science and Technology
“billionaires joyriding to space while millions go hungry on
Policy
earth” contributes to a worldwide “malady of mistrust” in
governments and other institutions. Intense publicity about
IF11940
recent launches has increased the visibility of incidents such

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