New START Treaty Signed

April 8, 2010 at 4:13 pm | Posted in Space Law | 1 Comment

by P.J. Blount with the blog faculty

The new START treaty between the United States and Russia has been formally signed. This treaty has implications for space activities due to the fact that it regulates ICBM that are found at “space launch facilities.” The substantive information on these limitations can be found in the attached Protocol to the treaty:

73. (28.) The term “space launch facility” means a specified facility from which objects are delivered into the upper atmosphere or space using ICBMs or SLBMs.

and

Section VI. Space Launch Facilities
For each Party, the numbers of non-deployed ICBMs and nondeployed SLBMs, and non-deployed launchers of ICBMs and nondeployed launchers of SLBMs, at space launch facilities, and the data on space launch facilities, are as follows:

The actual limitations are not included in the released text of the protocol.

Other resources:

A New START in Prague – White House Blog

The New START Treaty and Protocol – White House Blog

New START Treaty signed – Russian Strategic Nuclear Forces

Treaty Signings – Arms Control Wonk

New Nuke Treaty: Trust, but Verify – Danger Room

A New START Treaty and Protocol – Opinio Juris

Draft Supplemental Environmental Assessment to the September 2008 Environmental Assessment for Space Florida Launch Site Operator License, March 2010

April 7, 2010 at 12:26 pm | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The FAA/AST has released the Draft Supplemental Environmental Assessment to the September 2008 Environmental Assessment for Space Florida Launch Site Operator License on its website. The introduction and background section of the document states:

In May 1997, the Federal Aviation Administration (FAA) issued a Launch Site Operator License (LSO-02-006) to Space Florida to operate a commercial launch site at Launch Complex 46 (LC-46) at the Cape Canaveral Air Force Station (CCAFS) in Brevard County, Florida. The license was renewed in 2002 and expired on May 22, 2007. Space Florida submitted a new application to the FAA for a Launch Site Operator License to include the operation of a commercial space launch site at Launch Complex 36 (LC-36) at CCAFS in addition to LC-46. This Supplemental Environmental Assessment (SEA) supports the FAA’s decision to issue a Launch Site Operator License to Space Florida to operate LC-36 and LC-46 as a commercial space launch site at CCAFS.

Licensing the operation of a launch site is a major Federal action subject to environmental review under the National Environmental Policy Act of 1969, as amended (NEPA; 42 United States Code (U.S.C.) 4231, et seq.). The FAA prepared this SEA, in accordance with NEPA, Council on Environmental Quality (CEQ) NEPA implementing regulations (40 Code of Federal Regulations [CFR Parts 1500 to 1508], and FAA Order 1050.1E, Change 1, Environmental Impacts: Policies and Procedures, dated March 20, 2006, to evaluate the potential environmental impacts of activities associated with issuing Space Florida a Launch Site Operator License.

As part of the environmental review for the initial license application in 1997, the FAA issued a Finding of No Significant Impact (FONSI) that adopted the U.S. Air Force’s (USAF) October 1994 Finding of No Significant Impact and Environmental Assessment of the Proposed Space Florida Authority Commercial Launch Program at Launch Complex-46 at the Cape Canaveral Air Force Station, Florida. In July 2007, Space Florida re-applied for a Launch Site Operator License to operate LC-46. In September 2008, the FAA issued a Finding of No Significant Impact and Environmental Assessment for Space Florida Launch Site Operator License at Launch Complex-46 (2008 EA) to support the environmental review of the application. In July 2009, Space Florida updated their application to include the operation of LC-36 in the Launch Site Operator License.

The 2008 EA analyzed the potential environmental impacts of operating LC-46 as a commercial space launch site for solid and liquid propellant vertical launch vehicles. The FAA determined that issuing a Launch Site Operator License to Space Florida for the operation of LC-46 would not significantly affect the quality of the human environment pursuant to Section 102 (2)(c) of NEPA (42 U.S.C. 4321, et seq.). This SEA expands on the analysis provided in the 2008 EA to include an analysis of the potential environmental impacts of the construction and operation activities associated with the redevelopment of LC-36 into a commercial space launch site. Many of the conclusions in this SEA are supported by the April 2009 U.S. Air Force Categorical Exclusion (Catex) Space Florida Complex 36, CCAFS (2009 USAF Catex) and the July 2009 Environmental Baseline Survey (EBS) – Entry Proposed Space Florida License for Commercial Redevelopment of LC-36 Cape Canaveral Air Force Station, Florida (2009 EBS). The USAF developed the 2009 USAF Catex to analyze the potential environmental impacts associated with the redevelopment of LC-36 into a commercial space launch site. The USAF determined that the proposed action of redeveloping LC-36 into a commercial space launch site qualified for a Catex pursuant to A2.3.11 defined in 32 CFR Part 989, Environmental Impact Analysis Process, Appendix B as “actions similar to other actions which have been determined to have an insignificant impact in a similar setting as established in an environmental impact statement (EIS) or an environmental assessment (EA) resulting in a FONSI.”1 The 2009 EBS was prepared in support of the proposed licensing and leasing agreement of CCAFS LC-36 between the USAF and Space Florida.

NASA EXTENDS CONTRACT WITH RUSSIAN FEDERAL SPACE AGENCY

April 6, 2010 at 2:21 pm | Posted in Space Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

Source: NASA

John Yembrick
Headquarters, Washington
202-358-1100
john.yembrick-1@nasa.gov

Kelly Humphries
Johnson Space Center, Houston
281-483-5111
kelly.o.humphries@nasa.gov

CONTRACT RELEASE: C10-023

WASHINGTON — NASA has signed a $335 million modification to the
current International Space Station contract with the Russian Federal
Space Agency for crew transportation, rescue and related services in
2013 and 2014.

The firm-fixed price modification covers comprehensive Soyuz support,
including all necessary training and preparation for launch, crew
rescue, and landing of a long-duration mission for six individual
station crew members.

In this contract modification, space station crew members will launch
on four Soyuz vehicles in 2013 and return on two vehicles in 2013 and
two in 2014.

Under the contract modification, the Soyuz flights will carry limited
cargo associated with crew transportation to and from the station,
and disposal of trash. The cargo allowed per person is approximately
110 pounds (50 kilograms) launched to the station, approximately 37
pounds (17 kilograms) returned to Earth, and trash disposal of
approximately 66 pounds (30 kilograms).

For more information about NASA and agency programs, visit: http://www.nasa.gov

Library: A Round-up of Reading

April 6, 2010 at 9:53 am | Posted in Library | Leave a comment

Articles
Ben Baseley-Walker, Responsible launching: space security, technology, and emerging space states, The Space Review

Jeff Foust, Prospects and concerns for export control reform, The Space Review

Pavel Podvig, Assessing START follow-on, The Bulletin of Atomic Scientists

P.J. Blount, Informed consent v. ITAR: Regulatory conflicts that could constrain commercial human space flight, Acta Astronautica

Taylor Dinerman, The end of NPOESS, The Space Review

Reports
ESPI Perspectives 31: “Common but Differentiated Responsibilities for Space Debris – New Impetus for a Legal Appraisal of Outer Space Pollution”

Documents
Profiles (Iceland 2009)

Blog
Missile Defense Controversy Remains After START Accord – MDAA

Hill Gets JSF Nunn-McCurdy – DoD Buzz

NASA OIG: $368 Million Cost to Make Constellation Metric Compliant – NASA Watch

Spatial Law and Policy Update (April 2, 2010) – Spatial Law and Policy

Commercial crew service is definitely commercial – RLV and Space Transport News

Drone Warfare and the Koh Speech – A Roundup of Links – Opinio Juris

Spatial Law and the Smart Grid – Spatial Law and Policy

It’s a START – IntLawGrrls

China-Bolivia Space Cooperation

April 6, 2010 at 9:50 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

From Space Daily:

Bolivia, China Sign Satellite Launching Agreement

by Staff Writers
La Paz, Bolivia (XNA) Apr 06, 2010
The Bolivian government and a Chinese corporation on Thursday signed a memorandum of understanding on helping Bolivia launch communications satellite “Tupac Katari.”

The agreement was signed by Executive Director of the Bolivian Space Agency Willy Herbas and Yin Liming, president of the Great Wall Industries Corporation (GWIC) which is authorized by the Chinese government to produce and launch satellites. . . . [Full Story]

Federal Register: Coordination Between the Non-Geostationary and Geostationary Satellite Orbit

April 5, 2010 at 10:26 am | Posted in Space Law | Leave a comment

by P.J. Blount with the blog faculty

The FCC published a new rule on Coordination Between the Non-Geostationary and Geostationary Satellite Orbit (PDF) in today’s Federal Register (74 Fed. Reg. 17055-17062):

SUMMARY: In this document the Commission specifies rules and procedures to be used for frequency coordination between terrestrial Broadcast Auxiliary Service and Cable Television Relay Service (BAS/CARS) operations and geostationary satellite orbit (GSO) or non-geostationary satellite orbit (NGSO) fixed-satellite service (FSS) operations in the 6875-7075 MHz (7 GHz) and 12750-13250 MHz (13 GHz) bands. At this time the Commission did not adopt a “Growth Zone” proposal that would have supplemented our existing terrestrial coordination procedures between NGSO FSS space-to-Earth operations and existing fixed service (FS) operations in the 10.7-11.7 GHz (10 GHz) band, and will retain our existing coordination rules.

Res Communis Takes Time to Celebrate

April 2, 2010 at 9:19 am | Posted in Celebrations | Leave a comment

SEE YOU NEXT WEEK!




Ukraine to cooperate with Russia on global military satellite net

April 1, 2010 at 4:30 pm | Posted in Space Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

Source: Earthtimes.Org

Kiev – Ukraine’s aerospace industry will cooperate with Russia on the expansion and operation of a global military navigation satellite network, officials in Kiev said Wednesday.

The Kremlin and Kiev are close to an agreement that would make Ukraine’s state-run National Space Agency (NSAU) a major participant in the Moscow-run GLONASS global positioning system, said Yury Alekseev, NSAU head, at a Kiev press conference.

GLONASS is a Russia-developed navigation satellite network similar to the US’ already-operating GPS network, and China’s Compass navigation system.

The currently is used primarily by Russia’s military for missile targeting and combat unit navigation. Ukraine’s government would gain full access to GLONASS once a joint operation agreement is signed later this year, Alekseev said.

“There is a shared interest here for both Russian, and Ukrainian specialists,” Alekseev said, according to an Interfax report.

Ukrainian ground control stations would participate in GLONASS satellite communications and monitoring, he said.

Ukraine’s aerospace industry is well-developed, with state-run factories in Kiev, Dnipropetrovsk, and Kharkiv producing satellite components and rocket boosters regularly used by the international telecoms industry.

Russia’s government in 2001 embarked on a programme aimed at making the GLONASS network fully operational, and expanding its global coverage, at the time planning substantial use of Ukrainian launch vehicles.

An anti-Russia government coming to power in Ukraine in 2004 brought a halt to Kiev’s participation in the Kremlin-run GLONASS.

Ukrainian President Viktor Yanukovych, a pro-Russia politician inaugurated in office in February, has named a renewal of tight collaboration between Ukraine’s and Russian’s aerospace industries as a top priority for his government.

Administration puts its stamp on ‘inherently governmental’

April 1, 2010 at 8:43 am | Posted in Remote Sensing Law Current Events | Leave a comment

by Joanne Irene Gabrynowicz with the blog faculty

Editor’s note: This post relates to the U.S. National Satellite Land Remote Sensing Data Archive and a National Satellite Land Remote Sensing Data Archive Policy White Paper submitted to the U.S. Secretary of the Interior by the National Satellite Land Remote Sensing Data Archive Advisory Committee

Source: Government Executive

By Robert Brodsky

This story has been updated.

After years of ambiguity over which jobs are inappropriate for outsourcing, the Obama administration has settled on a single government wide definition for inherently governmental functions.

The Office of Federal Procurement Policy issued a proposed policy memo to agencies on Wednesday instructing them to use the definition of “inherently governmental” in the 1998 Federal Activities Inventory Reform Act. The FAIR Act classifies an activity as inherently governmental when it is so intimately related to the public interest that it must be performed by federal employees. The OFPP memo directs agencies to disregard changes to the definition when it was revised in 2003 under OMB Circular A-76. The notice also instructs officials to avoid an overreliance on contractors for functions that are “closely associated with inherently governmental” or that are “critical” for the agency’s mission. Agencies with more than 100 employees would be required to develop new procedures and training and to designate a senior official accountable for implementing the changes.

“The proposed guidance is built around the general principle that the more critical a function is, the greater the need for internal capability to maintain control of the agency’s mission and operations,” wrote OFPP Administrator Daniel Gordon in the letter. “This is most obviously the case where the function is critical to achievement of the agency’s core mission, but even for functions that may not be viewed as critical, such as functions that are not directly involved in performing the core mission, the agency may determine that the function is, nonetheless, sensitive enough as to require that many, most, or, in some situations, all positions be filled by federal employees.” More

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