The Federal Aviation Administration (FAA) oversees commercial space operations with humans onboard under its broader licensing framework for commercial space transportation. FAA requires operators to obtain a license before conducting any commercial launch or reentry operation within U.S. borders, whether carrying humans or cargo like satellites.
To get a license, operators must show they can conduct operations safely without jeopardizing public safety. FAA has some additional requirements for operations with humans onboard related to things like crew training and fire detection/suppression systems. These are intended to address any extra risk to public safety due to humans being present.
However, FAA is currently prohibited by law from issuing regulations specifically aimed at protecting human health/safety during commercial spaceflight, with limited exceptions. This “moratorium” was established by Congress in 2004 to avoid over-burdening the emerging commercial space industry. It has been extended multiple times and is now set to expire on March 8, 2024.
Growth of Commercial Human Spaceflight
While still a small proportion of total commercial space operations, the number of launches/reentries carrying humans has grown rapidly in recent years. In 2020 there was only one commercial human spaceflight mission, but by 2023 there were 12.
Growth has been driven by both space tourism and government missions carried out by commercial operators, like transporting NASA astronauts to the International Space Station. FAA forecasts continued increases in commercial human space operations over the next several years.
FAA’s Safety Oversight Approach
FAA conducts various oversight activities aimed at ensuring operator compliance with regulations and license conditions in order to protect public safety. These include:
- Safety inspections of launch sites, vehicles, equipment, and operations
- Reviewing documentation submitted by operators related to safety analyses, crew qualifications, etc.
- Monitoring informed consent process for spaceflight participants
- Temporarily suspending operator licenses or levying fines for non-compliance
FAA does not consider operations with humans inherently riskier from a public safety standpoint. But inspectors may scrutinize certain aspects like crew training more closely.
Preparing for Expanded Oversight Authority
With the moratorium set to expire soon, FAA is preparing for potential expanded oversight authority including new regulations aimed at protecting human health/safety during commercial spaceflight. Preparations include:
- A rulemaking committee chartered in April 2023 to get industry input on a possible future regulatory framework.
- Updating FAA’s guidance on recommended human spaceflight safety practices in September 2023, with input from industry and other stakeholders. First update in 9 years.
- Limited progress to date on facilitating the development of voluntary consensus standards for human spaceflight safety by industry groups.
FAA is also working to increase staffing to support human spaceflight safety efforts. But hiring adequate candidates with requisite expertise has been a challenge. FAA is implementing new recruitment strategies to help fill open positions.
Key Challenges
FAA faces constraints in overseeing the commercial space industry’s rapid growth more broadly. Its Office of Commercial Space Transportation has consistently employed fewer staff than authorized positions. Hiring and training new inspectors has also reduced capacity of current staff.
These issues have affected FAA’s ability to provide operator consultations for licenses and conduct some oversight inspections. Without adequate staffing increases, FAA says it may have to “queue” license evaluations based on staff availability, potentially hampering industry growth.
Conclusion
While FAA is taking steps to prepare for expanded oversight authority, hiring challenges and limited resources could impact its ability to implement new regulations and effectively oversee the commercial human spaceflight industry’s continued growth. Developing a balanced regulatory approach that promotes safety while enabling innovation will be key.
