William Shrader

Paper Submitted to the Federal Aviation Administration Reference: Commercial Space Launch Act; 14 CFR III §400 ) ) ) W. Andrew Shrader ) wshrader@law.villanova.edu ) ) ) ) Prepared November 27, 2012 ) Support for Exclusion of Tethered Launches From Licensing Requirements Background I appreciate this opportunity to write in response to this proposed rule by the Federal Aviation Administration and their solicitation of comments from the public. I am a citizen with a a degree in the history of science and interest in the future of American space flight, and in the best way to leverage the manned and unmanned assets of NASA. In anticipation of the burgeoning field of private space launches, the Commercial Space Launch Act of 1984, empowered the Federal Aviation Administration, to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites as carried out by U.S. citizens or within the United States.1 This was done with an eye towards regulating the hazardous potential of powerful, private rocket launches had for national security, the safety of American citizens, and to American property. In so doing the agency would mitigate the potential damage caused by extending space launches to the commercial sector, while positioning the United States to reap the benefits of a vibrant new industry by ensuring that such launches were conducted with care, responsibility and efficiency. The FAA was given this regulatory power with the direction that they regulate only the extent necessary to satisfy these safety and national security concerns.2 To go beyond that risks the future of an industry whose growth and success has exploded in importance to the interests of the United States now and in the future. Propelling craft and cargo into Earth’s orbit is an incredibly expensive venture, with the price tag to send a pound of material to the rel