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http://dx.doi.org/10.5139/JKSAS.2018.46.12.1056

U.S. Commercial Space Regulatory Reform Policy  

Kwon, Heeseok (Korea Aerospace Research Institute)
Lee, Jinho (Korea Aerospace Research Institute)
Lee, Eunjung (Korea Aerospace Research Institute)
Publication Information
Journal of the Korean Society for Aeronautical & Space Sciences / v.46, no.12, 2018 , pp. 1056-1069 More about this Journal
Abstract
In order to promote the commercial space activities of the private sector, the Trump Administration announced the commercial space regulatory reforms by issuing the Space Policy Directive-2 (SPD-2) on May 24, 2018, followed by the SPD-3 dealing with a separate issue of the space traffic management on June 18. Both executive orders, based on the recommendations prepared by the National Space Council (NSC) reconstituted in June 2017 and signed by the President, involve regulatory reform policy related to launch services, commercial remote sensing, establishment of one-stop shop office in Commerce Department, radio frequency spectrum, export control, and space traffic management, providing a strong guidance to the Federal Government. The commercial space regulatory reform policy can be seen in broader terms of the National Security Strategy earlier announced on Dec. 18, 2017, and as such, it pursues the economic growth of the U.S. and the national security as well. The U.S. law and policy prioritizing its national interests by promoting commercial space activities may lead to concerns and debate on the potential breach of the provisions of the Outer Space Treaty. Hence, it is worth noting the legal implications as derived from the U.S. space policy and domestic legislation, thereby accelerating international discussion to build on international norms as appropriate to the pr ogress of space technology and space commercialization.
Keywords
Space Policy Directive(SPD)-2/3; Space Policy; Commercial Space Regulatory Reform; Space Commerce;
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1 Kwon, H. S., Lee, D. G., Lee, J. H., and Lee, E. J., "An Overview of the International Law Aspects of the U.S. Government's Legislative Proposal on "Mission Authorization" to Promote Space Activities by Non-Governmental Entities," The Korean Journal of International Law, Vol. 61, No. 3, 2016.
2 Kwon, H. S., Lee, J., and Lee, E. J., "An Overview of U.S. Export Control System with a Special Regard to the Export Control Reform in the Area of Spacecraft and Related Items," Current Industrial and Technological Trends in Aerospace, Korea Aerospace Research Institute, Vol. 13, No. 1, 2015.
3 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, adopted by the General Assembly in its resolution 2222 (XXI), opened for signature on 27 January 1967, entered into force on 10 October 1967, UN Treaties Series, Vol. 610, No. 8843.
4 51 USC, subtitle V-Programs Targeting Commercial Opportunities, subtitle VI-Earth Observations.
5 Pub. L. 100-685, National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989, 100th Congress (1987-1988), title V, $\S$501, Nov. 17, 1988, 102 Stat. 4102, 51 USC 20111 nt.
6 Pub. L. 114-90 (2015.11.25), 129 STAT. 703, Title IV-Space Resource Exploration and Utilization (51 USC 51301-51303).
7 H.R. 2809, 115th Congress (2017-2018), American Space Commerce Free Enterprise Act.
8 H.R. 6226, 115th Congress (2017-2018), American Space Situational Awareness and Framework for Entity (SAFE) Management Act (American Space SAFE Management Act).
9 S. 3277, 115th Congress (2017-2018), Space Frontier Act of 2018.
10 14 CFR part 415 Launch License.
11 83 FR 30592, advanced Notice of Proposed Rulemaking on 15 CFR Part 960, Licensing Private Remote Sensing Space Systems, June 29, 2018.
12 Department of Commerce press release "Secretary Ross Praises President Trump's Signing of Space Policy Directive-2(SPD-2), Streamlining Regulations on Commercial Use of Space, May 24, 2018.
13 Ex. Ord. No. 12675, Establishing the National Space Council, Apr. 20, 1989, 54 F.R. 17691.
14 Ex. Ord. No. 13803, Reviving the National Space Council, June 30, 2017, 82 F.R. 31429.
15 National Security Strategy, Dec. 18, 2017.
16 National Space Strategy, Mar. 23, 2018.
17 Space Policy Directive-1(SPD-1), Reinvigorating America's Human Space Exploration Program, Dec. 11, 2017.
18 OSTP, Report to Congress of Apr. 4, 2016 in response to Section 108 of Pub. L. 114-90 (2015.11.25.).
19 Presidential Policy Directive-4(PPD-4), The National Space Policy, June 28, 2010.
20 15 CFR part 960 Licensing of Private Remote Sensing Systems.
21 Space Policy Directive-2(SPD-2), Streamlining Regulations on Commercial Use of Space, May 24, 2018.
22 Space Policy Directive-3(SPD-3), National Space Traffic Management Policy, Ju14) White House, Fact Sheet: President Donald J. Trump is Unveiling an America First National Space Strategy, Mar. 23, 2018. President Donald J. Trump Announces a National Security Strategy to Advance America's Interests, Dec. 18, 2017.
23 White House Fact sheet: President Donald J. Trump Reforming and Modernizing American Commercial Space Policy, May 24, 2018.
24 Foust, Jeff, "Commercial space bill clears Senate committee," Space News, Aug. 1, 2018.
25 Foust, Jeff, "NOAA explains restriction on SpaceX launch webcast," Space News, Apr. 3, 2018.
26 Foust, Jeff, "House Science Committee approves space traffic management bill," Space News, June 27, 2018.
27 Henry, Caleb, "Falcon 9 deploys Iridium satellites after SpaceX ends video citing NOAA's orders," Space News, Mar. 30, 2018.
28 Werner, Debra, "Companies look to Trump administration to further ease export rules for space technology," Space News, Apr. 17, 2018.
29 White House Fact Sheet: President Donald J. Trump is Achieving a Safe and Secure Future in Space, June 18, 2018.