WASHINGTON – Today, Congressman Rob Wittman (VA-01) and Congressman Sam Graves (MO-06) called on the Federal Aviation Administration (FAA) to expedite reforms to its launch and reentry licensing regulations for commercial space companies, known as part 450, and to address delays caused by its lengthy pre-application process. These delays hinder U.S. space capabilities, competitiveness, and strategic standing, especially in the face of growing global competition.
While acknowledging the FAA's efforts to address the issue through rulemaking improvements, the letter urges the agency to expedite the process and implement streamlined regulations promptly. The letter highlights the need for faster regulatory processes to sustain U.S. leadership in space and ensure the commercial space industry's ability to meet growing demands and challenges.
“In November of 2024, the FAA indicated that 98 percent of applications are met within the statutory 180 day timeline. However, this timeframe does not include the months, and oftentimes years, of pre-application review that create extensive delays for companies seeking a launch and reentry license,” Reps. Wittman and Graves write. “These delays have a direct impact on the United States’ standing in space exploration and our strategic competition with a growing number of adversarial nations seeking to disrupt our space capabilities and support their own.”
“Maintaining the United States’ advantage in space capabilities, driven largely by a thriving commercial space industry, will require more efficient and predictable regulatory processes that enable rapid operations in an ever-developing industry,” the lawmakers continue. “We, however, urge the FAA to act now and ensure that all actions short of rulemaking that can help mitigate the deficiencies of the part 450 regulation are taken in advance of any necessary regulatory changes to ensure that the commercial space industry does not have to wait years for relief.”
Rep. Wittman serves as vice chairman of the House Armed Services Committee and chairman of the Tactical Air & Land Forces Subcommittee, and Rep. Graves serves as chairman of the House Transportation & Infrastructure Committee.
Read the full letter here or below.
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December 6, 2024
The Honorable Michael G. Whitaker
Administrator
Federal Aviation Administration
800 Independence Ave, SW
Washington, DC 20591
Dear Administrator Whitaker,
We write to you with deep concerns about the Federal Aviation Administration’s (FAA’s) part 450 commercial launch and reentry regulation and its protracted pre-application process.
The commercial space transportation industry is integral to a wide variety of American national interests and needs. Today, and especially during a potential armed conflict with a near-peer adversary, commercial space transportation is essential in supporting the United States Department of Defense and our warfighters, with satellite imagery, position, navigation, and timing, and communications. Additionally, the commercial space industry assists Federal, state, and local governments in their preparations for and responses to natural disasters. Further, the industry is increasingly transporting American astronauts to the International Space Station and, in the near future, to the Moon and beyond.
The recent boom of the commercial space transportation industry, coupled with the indispensable support and services it provides to the Federal Government and the American public, makes the reported delays in the part 450 pre-application approval process even more concerning. In November of 2024, the FAA indicated that 98 percent of applications are met within the statutory 180 day timeline. However, this timeframe does not include the months, and oftentimes years, of pre-application review that create extensive delays for companies seeking a launch and reentry license. These delays have a direct impact on the United States’ standing in space exploration and our strategic competition with a growing number of adversarial nations seeking to disrupt our space capabilities and support their own.
Maintaining the United States’ advantage in space capabilities, driven largely by a thriving commercial space industry, will require more efficient and predictable regulatory processes that enable rapid operations in an ever-developing industry. We commend the FAA for establishing an aerospace rulemaking committee (SpARC) to begin addressing this urgent issue. Further, we welcome the FAA’s acknowledgment that the system is broken and must be fixed. It is our understanding that the SpARC intends to release its recommendations to modify and accelerate the part 450 process next summer. We, however, urge the FAA to act now and ensure that all actions short of rulemaking that can help mitigate the deficiencies of the part 450 regulation are taken in advance of any necessary regulatory changes to ensure that the commercial space industry does not have to wait years for relief.
American competitiveness on a global scale is largely underpinned by our technological prowess. Thank you for your attention to this matter and we hope that you both share our concerns about the current process and can commit that it will be fixed expeditiously as possible.
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