Space

Securing Property Rights in Space

On Thursday, April 5, the Competitive Enterprise Institute will host a Capitol Hill briefing to introduce a new study by Adjunct Scholar Rand Simberg: Homesteading the Final Frontier: A Practical Proposal for Securing Property Rights in Space.

The right to claim, develop, and trade property and particularly real estate has been the driving force of human exploration throughout history. Currently, this right does not exist off planet, and its absence is discouraging real investment in space development. Rand Simberg argues that the U.S. should recognize off-planet land claims by private groups and individuals under certain conditions. The proposed Space Homesteading Act outlines appropriate conditions, including mandates that claimants offer land for sale and ensure commercial space transportation to settlements.

Some scholars argue that the 1967 Outer Space Treaty and the 1979 Moon Treaty preclude any nation from recognizing private property claims in space. Simberg responds to these arguments in detail and makes his case for why the Outer Space Treaty does not in fact outlaw private property claims and why the U.S. should repudiate the Moon Treaty, to which it is not a signatory.

Rand Simberg will present his study and answer audience questions at Thursday’s Capitol Hill briefing. Also speaking at the briefing will be Iain Murray, Vice President for Strategy at CEI, and James E. Dunstan, Senior Adjunct Fellow at TechFreedom and an attorney specializing in space issues.


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Over at the Beyond the Black blog, Bob Zimmerman does what I haven’t had time to yet –he excoriates the chairman of the House space appropriations subcomittee and Senator Hutchison after hearings this week:

Rep. Frank Wolf (R-Va.) asked NASA Administrator Charles Bolden during a March 21 hearing on the agency’s 2013 budget the same question he asked of the White House’s chief science adviser last month: would NASA’s partnership with commercial companies to develop astronaut transports be cheaper if the companies competing for NASA funds combined their efforts into a single “all for one and one for all” project?

Similarly, Senator Kay Bailey Hutchison (R-Texas) made the same stupid argument in her continuing effort to keep the funding of the Space Launch System, the rocket-formerly-called-Constellation, as high as possible, at the cost of cutting everything else in NASA if necessary.

If you needed any evidence that members of Congress are ignorant idiots, you only need read the comments of these elected officials at these hearings to get your proof. Wolf or Hutchison as well as several others from both parties very clearly haven’t the slightest idea what these various space companies are building. Nor do they have the faintest notion of the difficulties entailed in building these manned space vessels.

First of all, the rockets and capsules being built by all of the commercial companies are fundamentally different from each other. Dream Chaser is a space plane like the shuttle. Boeing’s CST-100 and SpaceX’s Dragon are capsules more like Apollo, though neither is much like the other. And Orbital Sciences’ Cygnus capsule is not even designed to carry humans, just cargo. It can’t return to Earth.

So, how the hell does Frank Wolf imagine it would save anyone any money to combine the efforts of these companies? The only way he could even make this suggestion is if he has never even glanced at any news story anywhere, describing these rockets and capsules.

Hutchison is even more shameful. She has become the queen of heavy-lift, not because it will get the U.S. manned program back into space (which it will not), but because it brings jobs and pork to her state. And she has been willing to let the budgets of any other NASA program die in her effort to further that pork.

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Post image for Good News/Bad News On Human Spaceflight Regulation

In a bill passed last week authorizing the Federal Aviation Administration for another year, the moratorium on regulation of the safety of spaceflight participants, in place since 2004, was extended for another three years, but not as long as proponents in industry had hoped:

Section 827 of the bill (on page 318), tucked away in the “Miscellaneous” section of the bill between sections on air passenger screening privacy and air transportation of lithium batteries, extends the current restriction on safety regulations, but only to October 1, 2015. The joint statement of managers of the conference report provides a few more details, on page 152 of the PDF document: “Nothing in this provision is intended to prohibit the FAA and industry stakeholders from entering into discussions intended to prepare the FAA for its role in appropriately regulating the commercial space flight industry when this provision expires.”

The current moratorium, which was due to expire at the end of this calendar year, was put in place by the 2004 Commercial Space Launch Amendments Act, which prohibited the FAA from regulating passenger safety for a period of eight years (its ability to license launches for the protection of uninvolved third parties was not affected). The idea was that the technology was insufficiently well understood by anyone, including the putative regulators, to put in place regulations that wouldn’t stifle industry development and innovation, given all the different approaches (vertical takeoff and landing, horizontal takeoff and landing, air launch, hybrid rockets, liquid rockets, etc.). The model proposed instead was on the basis of informed consent, in which participants would be given all information available on the design and operations of the vehicle, and make their own assessment of the risk, and whether or not it was worth it.

The problem was that everyone had envisioned more rapid progress, but in the seven years since, not a single commercial passenger flight has occurred, due to development problems with Scaled Composites’ SpaceShipTwo propulsion, and the financial crisis starving some of the other fledgling companies of funds needed for development. Accordingly, the industry had been pushing for Congress to extend the moratorium for another eight years to gather more needed experience to intelligently inform regulations, except this time the clock wouldn’t start when the bill passed, but rather when the first commercial passenger spaceflight occurred, to prevent the problem that arose from the first bill.

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On the ninth anniversary of the loss of the Columbia space shuttle, I have some thoughts on what’s happened since, over at PJMedia:

The problem was that after the ISS was complete, without the Shuttle, the U.S. would have no capability to reach it, and there would be a “gap” in capability until some sort of replacement was developed. At the time of the announcement, the “Crew Exploration Vehicle” (CEV) was the proposed means, but it wasn’t expected to be ready until 2014, resulting in a “gap” of at least three years, and probably longer. When Mike Griffin replaced Sean O’Keefe in 2005, he rolled out a concept called Constellation, which included the CEV, renamed at that time Orion. It also included a new rocket for it, that had not been anticipated in the original Bush plan, called Ares I, despite the fact that existing rockets, such as the Atlas V or Delta IV, could have done the job. Griffin even originally claimed that his plan would reduce the gap, being ready by 2011.

Unfortunately, the design chosen was flawed, and ran into technical difficulties immediately, increasing its costs and stretching its schedule. Because there had not originally been plans for a new launcher, there wasn’t sufficient budget to support it, and other budgets, in science and technology, and the hardware actually needed to get back to the moon, were raided to feed the rocket disaster. The schedule was slipping more than a year per year, and by 2009, when the Augustine Committee was convened to evaluate the situation, it moved rightward to 2017, with only a low probability of hitting that operational date.

Meanwhile, we are totally dependent on the Russians for both transportation to and from the ISS, and for emergency lifeboat services, for which (unsurprisingly) they have been increasing the cost since the Shuttle was belatedly retired last summer, and shipping taxpayer funds overseas to them. Worse, each time we give them a new contract, we have to waive the Iran North-Korea Syria Non-Proliferation Act which prohibits trade with countries who aid those nations in the development of missiles and nukes, because Russia continues to help Iran with both.

Worse yet, while they have been flying for decades, their space systems have proven unreliable just at the point at which we have attained such total dependence. Last summer and fall, they had multiple launch failures, and then a failed Mars probe in November, which recently entered the atmosphere with a load of toxic propellants, but fortunately seems to have fallen into the ocean. And now, they’ve delayed their next ISS flight because they have leaks in the pressurized Soyuz crew module.

And Congress continues to underfund the only solution that can provide us with multiple competitive companies, and eliminate our reliance on thee Russians — Commercial Crew — while demanding that NASA waste billions on an unneeded giant rocket with no funded mission that will probably never fly, but provides jobs in the right states and districts. Next year, it will be a decade, and the low-information level of the space-policy debate of the last few days in Florida would indicate that it’s unlikely to get better any time soon.

Over at PJMedia, I discuss the technical, economic and political feasibility of what Newt proposes. But as I note there, the hardest part is the politics:

It would be a tough sell to a Congress that is used to directing space funds to its campaign contributors — a prize wouldn’t give them an adequate amount of control over where the money ended up. And even if a President Gingrich could get the support of Congress to establish such a prize, there would be no guarantee that a future Congress wouldn’t rescind it, creating a great deal of uncertainty and risk for someone who wanted to pursue it. A private prize can escrow the funds, but there’s no sure-fire way for a fickle U.S. government to do so, particularly in times of trillion-dollar deficits, because the Constitution doesn’t allow a Congress to commit a future Congress to an expenditure. A prize fund would always be at risk of being raided for some more “worthy” social objective.

But there’s another problem. When Speaker Gingrich proposes that the settlement eventually become a U.S. state, he is implicitly advocating withdrawal from the 1967 Outer Space Treaty, which explicitly prohibits claims of national sovereignty off planet. The treaty can be withdrawn from with one year’s notice (and in fact Bob Bigelow has been warning over the past year that the Chinese intend to do exactly that), but getting the State Department and Senate to go along with abandoning a long-standing treaty that we helped negotiate, and which performs a lot of other vital functions, may be a non-starter politically. Better perhaps would be the approach of the Space Settlement Institute, which proposes to have the U.S. recognize private claims of non-state actors, which could accomplish the goal of allowing property on the moon without the need to withdraw from the OST. It would also provide a tradable market in lunar real estate, allowing private settlement ventures to raise funds without the need for taxpayer money. It wouldn’t be a U.S. state, but it might be a settlement of Americans, with American values, which is probably what the former speaker’s goal is.

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For over a year, there has been concern that the White House would sign an executive order requiring U.S. space activities to adhere to the so-called EU Code of Conduct for space. As I explained at PJMedia a few months ago:

Historically the U.S., and particularly the Department of Defense, has opposed any treaty banning space weapons, for two reasons. First, there is no current perceived threat of in-space weapons or space-to-ground weapons and hence, no need for such a treaty. Second, co-orbital, direct-launch, or directed-energy anti-satellite technology is so inherently dual-use that it would be unenforceable. For instance, as we saw with the collision in 2009, any satellite can be a weapon, if put on a collision course with another. And as always, such a treaty would have asymmetrical effects, restraining the US while allowing cheating by others. There is also concern that it could establish a precedent for expansion of the principles into other media (e.g., air power).

In addition to this, it could make life more difficult for commercial space enterprises. For instance, the enhanced notification requirements will impose additional costs on launch and orbital operations. Beyond that, the Russians reportedly made noise at the UN in Geneva (home of the Office of Outer Space Affairs) a couple weeks ago that they want the Code to embrace their proposed “transparency and confidence building measures.” These would require all satellites, rockets, and mating procedures to be inspected prior to launch, by “international observers.” This would in effect require American commercial operators to allow foreign nationals in their operations and manufacturing flows, thus putting their intellectual property at risk not just to their home-grown competitors, but to potentially hostile states.

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The United Launch Alliance just got an Air Force launch contract for 159 launches, which I guess means that they didn’t get the 40-launch block buy they were hoping for, and that SpaceX (and the General Accountability Office) has been fighting. The price? FifteenOne and a half billion bucks.

It doesn’t take advanced mathematics to come up with a number of over a billion and a halfhundred fifty million dollars per flight.

Their problem is a classic one of the launch industry — fixed costs too high, and flight rate too low, resulting in high cost per flight, which in turn makes it harder to get more business to increase the flight rate to bring down their prices, particularly when they have a disruptive competitor (SpaceX) who is rewriting the rules of the game. The only thing keeping them alive is that, for now, they have a monopoly sustained by the government because it can’t afford to lose the capability for satellite delivery, but if Falcon Heavy becomes reality, and builds up a reliability record, at a price of $120 million a flight ULA will be in a world of hurt. They aren’t helped by the fact that Congress refuses to consider allowing NASA to use them for its human exploration activities, instead insisting that the agency build its own ridiculously large rocket for which no one else will have a use, or be able to afford (assuming that the program actually survives to an operations phase).

They have two options: continue to lobby the government to subsidize them, or to use some of the money they’re getting for this purchase to invest in reducing their costs to compete. Presumably, as one example, that’s why they’ve been working with XCOR to develop a replacement for the RL-10 upper-stage engine (which if they succeed will in turn put a lot of pressure on another high-cost aerospace company, Pratt & Whitney-Rocketdyne). But ultimately, real competition is the only way that we’re going to reduce the costs to the levels we need to do useful things in space.

[Update a few minutes later]

OK, it’s nowhere near as bad as I thought. The original story had misplaced the decimal point — it’s actually $1.5 billion, so that’s more like a $170 million a launch (a number that’s much more reasonable, but will still be uncompetitive with Falcon Heavy if the Air Force develops confidence in it. And even at an order of magnitude less, my point still stands.

Post image for The Lunar Yellow (Non)Peril

Over at PJMedia today, I have a piece on the recently released white paper from the Chinese space program that lays out their plans for the next five years, and the overreaction to it from some conservative commentators. It’s all of a piece with the ongoing misinformation campaign against the Obama space plans, which have been repeatedly mischaracterized by almost everyone, but particularly by people antipathetic to the administration, for the past two years, ever since the new administration space policy was announced at the end of January, 2009:

[Cal Thomas] expands on the theme of the military lunar base.

Who doubts that China will use trips to the moon to build a permanent colony and will operate that colony, at least in part, to further its military goals? China certainly will have the capability through its own GPS system to jam or make mischief with America’s global positioning system network.

Well, Cal, for one, I doubt it. U.S. military planners have been spending decades trying to come up with a justification for a military man in space (I did a stint of it myself in the early eighties at the Aerospace Corporation, and later at Rockwell when we were trying to sell the Air Force a “blue” Shuttle orbiter), and have not been able to do so, at least at current launch costs. If we can’t find military utility for earth orbit missions, how much less relevant is putting a base on the moon (and commenters, don’t waste time citing The Moon Is A Harsh Mistress — it’s science fiction, and the notion has been debunked multiple times)?

I think that, when it comes to militarily useful lunar bases, the burden of proof is on those proposing them, and there’s nothing in Cal Thomas’s column to indicate that he’s given it any deep thought, except that anything the Chinese choose to do must be nefarious. I’ll take this threat seriously when I see it described, using real-world physics, and yes, show your work. Beyond that, I’d like an explanation of how a rival navigation system can “jam or make mischief” with our own, in a way that couldn’t be done much more cost effectively.

No, the administration didn’t cut NASA’s budget. No, the administration isn’t redirecting the agency to focus on Muslims. No, it was not the end of human spaceflight. And no, the Chinese are not going to build a military base on the moon, at least not any time soon.

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Over at PJMedia over the weekend, I asked some space policy questions of Mitt Romney:

So, Governor, if you want to talk space policy, let’s talk space policy. How about answering some serious questions, instead of pretending that it’s an unserious subject, of no value except to mock your opponent?

In 2008, you said that you supported President Bush’s Vision for Space Exploration, a fundamental part of which was a manned lunar base. Now you criticize Newt Gingrich for the same thing, and imply that it is a frivolity. What happened in the interim to make you change your opinion?

How much do you think that a “lunar colony” would cost? How do you think that Speaker Gingrich would propose to bring one about? Do you think that he would agree with your characterization of his plans? If you don’t know the answers to these questions, on what basis are you criticizing him?

If we are not going to settle the moon and other locations in the solar system, what in your mind is the purpose of having a human spaceflight program? Why are we doing it?

In 2009, when President Obama came out with a new space policy that emphasized competitive commercial services for crew delivery to orbit, and the development of new technologies that would make human spaceflight beyond earth orbit much more affordable, Newt Gingrich was one of the few Republicans to come out in support of it (Bob Walker and Dana Rohrabacher were others). Do you agree with Speaker Gingrich that this is a more promising and cost-effective direction for the program, or do you support the Congress in its demand that NASA spend billions on a giant rocket that won’t fly for many years, and for which no payloads are defined or funded? Or do you have some other proposal?

What would a Romney space policy look like? Given that you’ve elevated the topic in the campaign, I think that those of us to whom space is important deserve to know.

Actually, perhaps “elevated” is the wrong word for what he’s done to the topic. In any event, I’m not going to hold my breath awaiting an answer.

There has been a great deal of concern over the past few months among the potential providers of crew services to NASA over their stated plans to shift the efforts of the Commercial Crew Program from successful Space Act Agreements, that had been so successful in the Commercial Orbital Transportation Services program, to a more traditional procurement approach. Under the Space Act Agreements, the providers had the flexibility to come up with their own solutions without a lot of NASA oversight, and were only paid when they actually achieved the specified milestones, reducing risk for the taxpayer. However, NASA was concerned that this approach wouldn’t provide them with sufficient assurance that they would get systems designed to meet their exacting safety and mission-success requirements for transport of astronauts to the International Space Station, and they had accordingly decided to move to a standard (though still fixed price) contract under the Federal Acquisition Regulations (FAR) for the next phase of the program. Many in the industry objected, fearing that this would increase both development and operational costs not only for NASA flights, but commercial ones as well. In fact, Elon Musk, CEO and founder of one of the leading potential providers, went so far as to threaten to withdraw from the program if NASA pressed forward with the change. Nonetheless, NASA had announced that it would be issuing a Request For Proposal (RFP) on Monday under the new procurement rules for the program, with planned selection and awards next summer.

Well, Mr. Musk won’t have to make good on his threat for now. This morning, Bill Gerstenmaier, NASA’s Associate Administrator for Space Operations, announced in a press conference that that the RFP wouldn’t be released on Monday, and that the agency has decided to stick with the Space Act Agreements for the next phase of the program, for almost the next two years. In response to questions from the press, he said that NASA hadn’t changed its mind as a result of industry pressure, but rather because they hadn’t gotten as much funding as they had anticipated when making their original procurement plans earlier in the year. NASA had requested $850 million for the program for 2012, but in its “minibus” appropriations bill last month, Congress gave the agency less than half of that, only $406 million. Gerstenmaier, of course, made sure to thank Congress for what it had provided, noting that it was more than they had ever had for the program, and that earlier versions of the bill had less (in one case, zero).

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