FAA's Space Launch Licensing Rules Face Criticism

The Federal Aviation Administration (FAA) has come under fire from both Congress and the space industry over the implementation of its new space launch licensing regulations, known as Part 450, which critics say are stifling American competitiveness in space.

At a Sept. 10 House Science Committee hearing, industry officials voiced concerns that the regulations, intended to streamline the licensing process, are instead creating significant delays and challenges for companies seeking launch permits.

“The way it is being implemented today has caused severe licensing delays, confusion and is jeopardizing our long-held leadership position,” said Dave Cavossa, president of the Commercial Spaceflight Federation. He cited the lengthy “pre-application” process with the FAA, where companies are stuck in a back-and-forth with the agency to determine how to meet performance-based requirements without sufficient guidance.

“This process is taking years,” Cavossa argued. “We have a licensing regime with a lack of certainty, a lack of transparency and significant delays,” added Pamela Meredith, chair of the space law practice group at KMA Zuckert LLC.

Members of Congress from both parties echoed these concerns. Rep. Brian Babin (R-Texas), chairman of the subcommittee, expressed worry about the implications for NASA's Artemis program, as commercial licenses are required for the Human Landing System landers developed by SpaceX and Blue Origin. “I fear at this rate the Communist Party will launch taikonauts to the moon while U.S. industry remains tethered to Earth with red tape,” Babin stated.

While the FAA acknowledges the challenges, it maintains that it is working to address them through advisory circulars, workshops, and an increase in staff dedicated to licensing. The agency is also establishing an aerospace rulemaking committee to explore improvements to the Part 450 process.

However, companies like SpaceX, which has encountered significant delays in obtaining a launch license for its Starship vehicle, remain critical. “The Starship and Super Heavy vehicles for Flight 5 have been ready to launch since the first week of August,” the company stated on its website. “This is a more than two-month delay to the previously communicated date of mid-September.”

SpaceX attributes the delay to a “superfluous environmental analysis” and a change in the splashdown location for the interstage. “The four open environmental issues are illustrative of the difficulties launch companies face in the current regulatory environment for launch and reentry licensing,” SpaceX said.

The concerns raised by the space industry and Congress highlight the critical need for the FAA to address the implementation issues with Part 450. Failure to do so could further hinder American competitiveness in the rapidly evolving space sector.