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The Federal Aviation Administration’s new rules to address “unmanned aircraft systems” will not extend to the commercial space sector unless the agency can get a federal court to block the rule.
On Sept. 11, the FAA issued preliminary rules that effectively blocked private businesses from operating their own satellites in support of commercial activities.
The rules allow only the most basic space and ground systems, such as communications and navigation, to be remotely piloted and operated by private operators, and prohibit any type of human-to-human interaction between operators and their satellites.
The FAA’s rules were aimed at prohibiting the operation of commercial space vehicles if the vehicles are “unmanned” — that is, without a pilot who is trained in the procedures for operating them — to prevent space junk from clogging up a launch. But so far those who’ve filed lawsuits have filed only one case against the agency.
The Justice Department hasn’t intervened to block the rule, known as the “Space Act,” but in a letter released Thursday to the Senate Commerce Committee it said the agency was obligated to follow federal law when making the rule changes, and that an injunction or other court decision is unnecessary in the meantime.
Here’s more from the letter from the Justice Department’s Civil Division:
“We write to express our firm belief that the space regulatory regime must be developed in a manner that is consistent with the Space Act in light of the Court’s recent opinion in UA. v. FAA. As a government function, the Space Act requires the FAA to ensure that it adopts an approach that would maximize the availability of space communications to the marketplace while ensuring that the regulatory process is not unduly burdensome. If there is not a court process in place in the meantime to clarify and resolve
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