Enabling Competition in the Commercial Space Industry
This Executive Order directs multiple federal agencies to speed up and simplify regulation, environmental review, and permitting for commercial launch, reentry, and spaceport development to increase U.S. commercial space activity and “launch cadence” by 2030. It orders reviews and rule changes at the Departments of Transportation and Commerce, coordination with Defense, NASA, the Interior, and CEQ (Council on Environmental Quality), and new leadership roles to prioritize deregulatory measures, establish predictable authorization timelines for novel space activities, and reduce duplicative federal and state barriers. If implemented, the order could lower administrative hurdles and shorten approval timelines for U.S. launch providers and spaceport projects, potentially increasing domestic launches and private investment. At the same time it raises tradeoffs: faster approvals through expanded categorical exclusions from NEPA or weakened state controls could reduce environmental review and public participation, prompt legal challenges, and create tensions with state coastal-management authorities and conservation laws.
Key Points
- 1Streamline environmental reviews for launches and reentries: The Secretary of Transportation, with CEQ consultation, must use available authorities (including 51 U.S.C. 50905(b)(2)(C)) to eliminate or accelerate DOT environmental reviews and other obstacles. Agencies are directed to identify functions not subject to NEPA and to consider establishing categorical NEPA exclusions for certain launches and reentries.
- 2Reevaluate 14 CFR Part 450 (launch/reentry regulations): DOT must review, amend, or rescind Part 450 rules to determine which requirements can be waived or inapplicable — specifically for vehicles with flight termination systems or automated flight safety systems, hybrid vehicles holding FAA airworthiness certificates, expanded reentry reliability criteria, and other requirements not closely tied to vehicle risk.
- 3Accelerate spaceport infrastructure approvals and interagency alignment: The Secretary of Commerce (with Defense, Transportation, NASA) will assess State compliance with the Coastal Zone Management Act and the effect on spaceport development, may seek revocation of State approvals, and notify DOJ of state/local limits on federal lands. DoD, DOT, and NASA must sign a memorandum of understanding to align and eliminate duplicative review processes; DoD, Interior, DOT and NASA are to expedite their environmental and administrative reviews for spaceports. CEQ will coordinate creation of NEPA categorical exclusions for spaceport-related actions.
- 4Create streamlined authorization process for “novel” space activities: Within 150 days Commerce must propose a process for individualized mission authorizations for activities covered by Article VI of the Outer Space Treaty but not clearly governed by existing U.S. rules — including clear requirements and definitive timelines for approval or denial. This excludes human spaceflight.
- 5Regulatory leadership and accountability changes: DOT must create a senior advisor position for innovation/deregulation and require FAA to appoint a senior noncareer Associate Administrator for Commercial Space Transportation; Commerce must elevate the Office of Space Commerce into the Office of the Secretary — all with short (60–180 day) deadlines for initial actions and reports.