Review of Oct 2013 Actions & Input to FAA/AST

1. Report to COMSTAC of the Operations Working Group(formerly known as the Space Transportation Operations Working Group, STOWG)

2. Review of Oct 2013 Actions & Input to FAA/AST On-Orbit Authority (Operations Licensing) Commercial Spaceport Licensing Launch Vehicle International Standards and Best Practices International Developments in Space Operations Commercial Space Launch Cooperation at Federal Ranges

3. On-Orbit Operations (formerly On-Orbit Authority)

4. Spaceport Licensing

5. Launch Vehicle International Standards and Best Practices

6. International Developments in Space Operations

7. Title X Commercial Space Launch Cooperation at Federal Ranges

8. Long-Term Sustainability of Space (LTSSA) • United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS) • Working group on long-term sustainability of space activities now underway • Expert group reviews of “best practice” guidelines in four areas: • Sustainable space utilization supporting sustainable development on Earth • Space debris, space operations and tools to support collaborative space situational awareness • Space weather • Regulatory regimes and guidance for actors in the space arena • LTSSA working group will guide on ongoing work in existing international organizations and bodies, including: • Inter-Agency Space Debris Coordination Committee • Consultative Committee for Space Data Systems • International Organization for Standardization

9. International Developments in Space Operations - LTSSA • Update from Amber Charlesworth, Dept of State • US goal: ensure the long-term sustainability of space through transparency and confidence-building measures (TCBM) • Expert working groups progressed at various stages, with “Group B” (orbital debris) the farthest ahead; others catching up • Significant progress from Feb 2013 meeting, resulting in draft guidelines; industry input requested by May 21 • Next meeting June 2013 • Once guidelines posted, the expert working groups will disband

10. International Developments in Space Operations – LTSSA (cont’d) • All expert groups candidate guidelines compiled and available on the UN Office of Outer Space Affairs • http://www.oosa.unvienna.org/oosa/en/COPUOS/2013/index.html Paraphrased list of draft voluntary guidelines • Promote international cooperation to enhance sustainability • Share information and expertise with other States • Adopt procedures to share information • Regulatory outreach and education • Encourage non-governmental involvement in regulatory development • Consider Long Term Sustainability when developing regulations • Address debris mitigation and use UN debris guidelines in regulations • Promote communication among domestic organizations, regulators • Request industry comments to John Sloan – John.Sloan@FAA.govby May 21

11. International Developments in Space Operations – Code of Conduct • EU changing tactics and US position evolving • Latest discussions preserves right to self-defense and are more inclusive • Later this week, in Kyiv, Ukraine, the European Union’s first official multilateral experts meeting on the Code, labeled the "Open-Ended Consultations," will be held

12. Finding & Recommendation: International Space Developments • Finding (SAME AS MAY 2012) • Private sector engagement by COMSTAC and others is effective and continues to be welcome. • The communication mechanisms being used by FAA/AST to keep industry informed and engaged continue to work well. • COMSTAC participation in the UN COPUOS process on Group B and Group D should continue. • Recommendation #1 (SAME AS MAY 2012) • FAA/AST continue to play this facilitation role and keep COMSTAC informed of key issues and any key actions needed. • Recommendation #2: • This subject move to the newly re-named COMSTAC “international” working group, especially as it is maturing beyond the OWG

13. Commercial Space Launch Cooperation (CSLC) at Federal Ranges • Update by Maj Justin Sutherland, USAF, Chief Space Support Branch, Space Operations Division • FY13 NDAA adds “Commercial Space Launch Cooperation” to “U.S.C. Title 10 Armed Forces” • Gives authority to accept non-federal contributions in support of DoD space transportation infrastructure • Contributions may include funds, services, equipment and requests for range support and services in DoD contractual requirements • Language requires congressional appropriation • Authorities under this provision currently reside at SECDEF level • Air Force is working implementation plan with OSD

14. Finding & Recommendations: Commercial Space Launch Cooperation (CSLC) • Finding • It remains useful for COMSTAC and FAA/AST to remain appraised of this issue. • COMSTAC is concerned that the implementation process has many challenges that are not being considered. • Recommendation #1 • FAA/AST continue to play a role in facilitating dialogue between the Air Force and industry on this issue • FAA/AST, as a federal range stakeholder, engage with the Air Force on how to implement the CSLC

15. Finding and Recommendations (cont’d):Commercial Space Launch Cooperation (CSLC) • Recommendation #2 • FAA/AST submit the following questions on behalf of COMSTAC to the Air Force: • Will all improvements have to made be available to all users, or will there be accommodation for proprietary improvements; if the latter, how will this be implemented • How will the account be administered to ensure the private funds are spent in the way the contributor intended • Can the funds be used to sustain or increase the operational tempo at the range, such as to compensate for the effects of sequestration • What is the involvement of other federal range stakeholders, such as FAA/AST and NASA, in the Air Force Working Group on the implementation of CSLC

16. Air Force Capability-Based Assessment of Launch Ranges (NEW TOPIC) • Update by Maj Jennifer Biesel, Space Force Enhancement, AF/A5RS • AFSPC examining requirements at federal launch ranges for opportunities to decrease cost and maintain same risk levels • Part 1 identifies opportunities to right-size the range • Part 2 in-depth analysis underway by The Aerospace Corp to examine more material options, including input from commercial space launch industry • Part 2 – industry inputs to survey due by end of June to Jim Vedda at Aerospace: james.a.vedda@aero.org • Copy of Survey will be posted on COMSTAC website

17. Finding & Recommendation: Commercial Space Launch Cooperation (CSLC) • Finding • FAA/AST role in facilitating industry engagement with the Air Force is useful and appreciated. • Receiving a copy of the Part 1 study results outlining the options under consideration to “right-size” the range would be very useful in shaping industry inputs to the questionnaire. • Government launch and range stakeholders, such as FAA/AST and NASA, should also have an opportunity to review the list and provide input to the Part 2 analysis. • Recommendation • FAA/AST request the Air Force provide COMSTAC, the FAA/AST, and NASA a copy of the Part 1 results as soon as possible. • FAA/AST engage with the Air Force on this topic and provide input to the Air Force on the Part 1 results.

18. Operations Licensing • Open discussion on updates to “Operations Licensing” • Two FCC activities of interest to commercial launch sector • Small satellites: FCC licensing of spectrum for use by non-Federal small satellites, including satellites that fall within the categories of pico-satellites, nano-satellites and cubesats • Launch spectrum allocation • Public notice for Small Satellites available at: http://www.fcc.gov/document/guidance-obtaining-licenses-small-satellites • Notice of Proposed Rule-Making (FCC 13-65) on temporary use of spectrum during commercial space launches • http://www.fcc.gov/document/satellite-service-and-space-launch-allocations

19. Finding & Recommendation: Operations Licensing • Finding • FAA/AST plays an important role in keeping industry stakeholders, through COMSTAC, aware of and engaged with the diverse policy and regulatory developments across the federal government that may affect commercial space. This role should continue. • Recommendation • FAA/AST, in its role to encourage and promote, coordinate closely with the FCC and other federal agencies on regulatory issues of interest to commercial space, such as the activities underway at the FCC on small satellites and launch phase spectrum allocation.

20. Commercial Space Launch Act (CSLA) Reauthorization Discussion – STIM Grants OWG discussed the following proposal: The Department of Transportation’s Space Transportation Infrastructure Matching Grants (or “STIM-Grants”) program was authorized in 1992 to provide Federal matching funds for space-related infrastructure development. In recent years, it has been used by many licensed or proposed spaceports, in conjunction with state and local government and private funds, to help build infrastructure the commercial spaceflight industry needs to operate safely and efficiently. This infrastructure benefits not just the spaceport at issue, but every one of their customers, and the industry as a whole. However, the usefulness of the program has been harmed by onerous matching requirements that are out of step with other Department of Transportation infrastructure programs. The FAA’s main airport funding program, the Airport Improvement Program (AIP), requires state, local or private funds to cover only 25% of many projects, with even lower cutoffs for many cases, including rural airports. This appropriately ensures local buy-in to the project while allowing flexibility in funding and recognizing the Federal government’s role in interstate commerce. The STIM-Grants program, on the other hand, requires every project to obtain at least 50% funding from other sources, including at least 10% from private sector sources. In many cases, public spaceports are building infrastructure to attract business, and private funding is not yet available.

21. Observations & Recommendations: STIM Grants • Observation: • The President’s FAA/AST FY14 Budget Request does not include STIM grants. • The STIM-Grants program is a useful mechanism to encourage public private partnerships in space transportation infrastructure. To ensure that it remains useful requires appropriated funding and an appropriate matching requirement that promotes private investment. In particular, the 10% private sector threshold may be an obstacle to participation. • Recommendation #1: FAA/AST pursue funding for STIM Grants in appropriations and future budget requests, and at an increased level over previous authorized amounts. • Recommendation #2: Re-examine the requirements and ratio of matching funds in the context of today’s industry, with the goal to encourage increased participation and investment in space transportation infrastructure.

22. Commercial Space Launch Act (CSLA) Reauthorization – License & Permit Flexibility OWG discussed the following proposal: Currently, as soon as a rocket design is licensed for spaceflight, it can no longer be flown under an experimental permit. However, there are many situations in which test flights might be necessary after a license has been granted. If the vehicle manufacturer is bringing a new vehicle of the same design into service, test flights are necessary. If design changes are made or new operating regimes desired, flight tests to prove out changes or expand the operating envelope would be necessary. Recommend the FAA and a license-holder have the flexibility to appropriately take individual vehicles back and forth between licensed flight and experimental flight, as is currently possible with aircraft.

23. Observations & Recommendations: License & Permit Flexibility Observation: In 2004, experimental permits were introduced to the CSLA legislation as an innovative mechanism for new vehicles to start operations. However, the need for vehicles to move back and forth between an experimental permit and a license was not contemplated. There is some flexibility for aircraft that may serve as a useful model. Recommendation: Amend the CLSA to allow the FAA/AST and a license-holder to have the flexibility to move a space vehicle between licensed flight and experimental flight categories.

24. OWG Telecon Mid to late June, will be posted in Federal Register Topics will include continued discussion from this meeting

25. OWG ContactSend your email to get on OWG distribution list Brenda Parker, FAA/AST brenda.parker@faa.gov Debra Facktor Lepore, Chair Vice President & General Manager, Strategic Operations Ball Aerospace & Technologies Corp dflepore@ball.com Dan Collins, Deputy Chair Chief Operating Officer, United Launch Alliance daniel.j.collins@ulalaunch.com 25