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New Order Aims to Speed Up Commercial Space Growth

President Trump has signed Executive Order 14335, a directive aimed at reducing regulatory hurdles to accelerate the U.S. commercial space industry.

Nathan Pierce
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Nathan Pierce

Nathan Pierce is Archeonis' policy correspondent, covering the intersection of technology, law, and government regulation. He specializes in aerospace policy and the legal frameworks governing the commercial space industry.

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New Order Aims to Speed Up Commercial Space Growth

President Donald Trump has signed Executive Order 14335, a new directive aimed at accelerating the growth of the U.S. commercial space industry. The order, titled “Enabling Competition in the Commercial Space Industry,” introduces a government-wide strategy to simplify regulatory processes for private space companies.

The directive focuses on three main areas: reducing bureaucratic hurdles for launch and reentry operations, fast-tracking the development of spaceport infrastructure, and establishing a clear approval path for new types of space activities.

Key Takeaways

  • Executive Order 14335 seeks to streamline regulations for the U.S. commercial space sector.
  • It targets faster approvals for launches, reentry, and spaceport construction.
  • The order directs agencies to use environmental review exemptions to speed up permitting.
  • A new framework will be created for authorizing novel activities like in-space manufacturing.
  • The move is designed to maintain U.S. leadership in the rapidly expanding global space economy.

Simplifying Launch and Reentry Approvals

A central part of the executive order is to cut down the time and complexity involved in getting approval for commercial spaceflights. Currently, all private companies must secure licenses from the Federal Aviation Administration (FAA), which operates under the Department of Transportation (DOT).

The order instructs the DOT to take several specific actions to make this process more efficient. These changes are intended to support the increasing number of private launch providers operating in the United States.

Reducing Environmental Review Times

One of the most significant changes is the directive for the DOT to use "categorical exclusions" under the National Environmental Policy Act (NEPA). Historically, every launch and reentry authorization required an environmental assessment, which could be a lengthy process.

What is a NEPA Categorical Exclusion?

A categorical exclusion is a classification for federal actions that have been determined not to have a significant effect on the human environment, either individually or cumulatively. Using this classification bypasses the need for more detailed environmental assessments or impact statements, greatly speeding up project approvals.

By applying these exclusions to space operations, the administration aims to eliminate site-specific environmental reviews that can delay projects. While this move is expected to accelerate the licensing timeline, it may face legal challenges from environmental organizations concerned about the potential impact of increased launch activity.

Revising Licensing Rules

The executive order also mandates a comprehensive review of existing regulations. The DOT has 120 days to examine, revise, and, where necessary, eliminate rules governing launch and reentry licenses. The focus is on removing requirements for vehicles equipped with automated flight safety systems and other modern technologies that demonstrate high reliability.

Furthermore, the DOT is authorized to waive certain legal requirements for licenses if they are not deemed essential for protecting public health and safety. This gives the agency more flexibility to adapt to the rapid pace of technological innovation in the aerospace sector.

Accelerating Spaceport Infrastructure Development

The United States currently has 20 licensed spaceports, and the new executive order seeks to increase this number by streamlining the construction and expansion of these critical facilities. The directive addresses several regulatory hurdles that can slow down infrastructure projects.

The U.S. commercial space economy is a major global player, with launch services being a key component. Expanding spaceport capacity is seen as vital to handling the projected increase in commercial, civil, and national security launches.

Addressing State and Federal Conflicts

The order confronts potential conflicts between federal projects and state regulations. It directs the Department of Defense (DOD), DOT, and NASA to assess whether state-level implementation of laws like the Coastal Zone Management Act (CZMA) is creating unnecessary obstacles for spaceport development.

These agencies are also tasked with reviewing all state and local laws that could impede progress and reporting any such barriers to the Department of Justice. This initiative could lead to increased tensions between the federal government and states, such as California, where state commissions have previously challenged space-related projects over coastal resource concerns.

Exemptions for National Security

To further expedite development, the order encourages the use of a rarely invoked provision of the Endangered Species Act (ESA). The DOD, DOT, and NASA are instructed to consider submitting spaceport projects to the Endangered Species Committee for exemptions.

This committee, often called the "God Squad," has the authority to grant exemptions to the ESA if a project is deemed essential for national security. Invoking this process underscores the administration's view of space infrastructure as a matter of strategic importance.

Promoting New Frontiers in Space Activity

Beyond launches and infrastructure, the executive order looks to the future by creating a pathway for regulating novel commercial space activities. This includes emerging industries like in-space manufacturing, satellite servicing, and orbital refueling.

While the 1967 Outer Space Treaty provides a broad international framework, specific U.S. regulations for these new activities have not yet been established. The order aims to fill this regulatory gap to provide certainty for investors and innovators.

Creating a Streamlined Authorization Process

The Secretary of Commerce is given a 150-day deadline to develop a simplified, transparent, and efficient mission-authorization process for these new types of space operations. This framework is intended to encourage private investment by clarifying the rules of engagement for companies venturing into these uncharted commercial territories.

This proactive approach is designed to ensure that U.S. companies can lead the development of next-generation space industries without being held back by regulatory uncertainty.

Structural Changes to Support the Space Industry

To ensure these policy changes are lasting, Executive Order 14335 mandates several structural adjustments within the federal government. These changes are designed to institutionalize a focus on commercial space across key departments.

  • The Department of Commerce will elevate the Office of Space Commerce, placing it directly under the Secretary's office to increase its influence and resources.
  • The Department of Transportation will create a new senior leadership role dedicated to advising the secretary on commercial space innovation and deregulation.

These organizational shifts, combined with the directive for agencies to work closely with industry partners, signal a long-term commitment to fostering a pro-growth environment for the U.S. commercial space sector. The ultimate goal is to solidify American leadership in space for decades to come.