83 FR 24901 - Streamlining Regulations on Commercial Use of Space

Executive Office of the President

Federal Register Volume 83, Issue 104 (May 30, 2018)

Page Range		24901-24903
FR Document		2018-11769

Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)

[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Presidential Documents]
[Pages 24901-24903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11769]



[[Page 24899]]

Vol. 83

Wednesday,

No. 104

May 30, 2018

Part IV





The President





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Space Policy Directive-2 of May 24, 2018--Streamlining Regulations on 
Commercial Use of Space


                        Presidential Documents 



Federal Register / Vol. 83 , No. 104 / Wednesday, May 30, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 24901]]

                Space Policy Directive-2 of May 24, 2018

                
Streamlining Regulations on Commercial Use of 
                Space

                Memorandum for the Vice President[,] the Secretary of 
                State[,] the Secretary of Defense[,] the Secretary of 
                Commerce[,] the Secretary of Transportation[,] the 
                Secretary of Homeland Security[,] the Secretary of 
                Labor[,] the Director of National Intelligence[,] the 
                Director of the Office of Management and Budget[,] the 
                Assistant to the President for National Security 
                Affairs[,] the Administrator of the National 
                Aeronautics and Space Administration[,] the Director of 
                the Office of Science and Technology Policy[,] the 
                Assistant to the President for Homeland Security and 
                Counterterrorism[, and] the Chairman of the Joint 
                Chiefs of Staff

                Section 1. Policy. It is the policy of the executive 
                branch to be prudent and responsible when spending 
                taxpayer funds, and to recognize how government 
                actions, including Federal regulations, affect private 
                resources. It is therefore important that regulations 
                adopted and enforced by the executive branch promote 
                economic growth; minimize uncertainty for taxpayers, 
                investors, and private industry; protect national 
                security, public-safety, and foreign policy interests; 
                and encourage American leadership in space commerce.

                Sec. 2. Launch and Re-entry Licensing. (a) No later 
                than February 1, 2019, the Secretary of Transportation 
                shall review regulations adopted by the Department of 
                Transportation that provide for and govern licensing of 
                commercial space flight launch and re-entry for 
                consistency with the policy set forth in section 1 of 
                this memorandum and shall rescind or revise those 
                regulations, or publish for notice and comment proposed 
                rules rescinding or revising those regulations, as 
                appropriate and consistent with applicable law.

                    (b) Consistent with the policy set forth in section 
                1 of this memorandum, the Secretary of Transportation 
                shall consider the following:

(i) requiring a single license for all types of commercial space flight 
launch and re-entry operations; and

(ii) replacing prescriptive requirements in the commercial space flight 
launch and re-entry licensing process with performance-based criteria.

                    (c) In carrying out the review required by 
                subsection (a) of this section, the Secretary of 
                Transportation shall coordinate with the members of the 
                National Space Council.
                    (d) The Secretary of Defense, the Secretary of 
                Transportation, and the Administrator of the National 
                Aeronautics and Space Administration shall coordinate 
                to examine all existing U.S. Government requirements, 
                standards, and policies associated with commercial 
                space flight launch and re-entry operations from 
                Federal launch ranges and, as appropriate and 
                consistent with applicable law, to minimize those 
                requirements, except those necessary to protect public 
                safety and national security, that would conflict with 
                the efforts of the Secretary of Transportation in 
                implementing the Secretary's responsibilities under 
                this section.

                Sec. 3. Commercial Remote Sensing. (a) Within 90 days 
                of the date of this memorandum, the Secretary of 
                Commerce shall review the regulations adopted by the 
                Department of Commerce under Title II of the Land 
                Remote Sensing Policy Act of 1992 (51 U.S.C. 60101 et 
                seq.) for consistency with the policy set forth in 
                section 1 of this memorandum and shall rescind or 
                revise those regulations, or publish for notice and 
                comment proposed

[[Page 24902]]

                rules rescinding or revising those regulations, as 
                appropriate and consistent with applicable law.

                    (b) In carrying out the review required by 
                subsection (a) of this section, the Secretary of 
                Commerce shall coordinate with the Secretary of State, 
                the Secretary of Defense, the Administrator of the 
                National Aeronautics and Space Administration, and, as 
                appropriate, the Chairman of the Federal Communications 
                Commission.
                    (c) Within 120 days of the date of the completion 
                of the review required by subsection (a) of this 
                section, the Secretary of Commerce, in coordination 
                with the Secretary of State and the Secretary of 
                Defense, shall transmit to the Director of the Office 
                of Management and Budget a legislative proposal to 
                encourage expansion of the licensing of commercial 
                remote sensing activities. That proposal shall be 
                consistent with the policy set forth in section 1 of 
                this memorandum.

                Sec. 4. Reorganization of the Department of Commerce. 
                (a) To the extent permitted by law, the Secretary of 
                Commerce shall consolidate in the Office of the 
                Secretary of Commerce the responsibilities of the 
                Department of Commerce with respect to the Department's 
                regulation of commercial space flight activities.

                    (b) Within 30 days of the date of this memorandum, 
                the Secretary of Commerce shall transmit to the 
                Director of the Office of Management and Budget a 
                legislative proposal to create within the Department of 
                Commerce an entity with primary responsibility for 
                administering the Department's regulation of commercial 
                space flight activities.

                Sec. 5. Radio Frequency Spectrum. (a) The Secretary of 
                Commerce, in coordination with the Director of the 
                Office of Science and Technology Policy, shall work 
                with the Federal Communications Commission to ensure 
                that Federal Government activities related to radio 
                frequency spectrum are, to the extent permitted by law, 
                consistent with the policy set forth in section 1 of 
                this memorandum.

                    (b) Within 120 days of the date of this memorandum, 
                the Secretary of Commerce and the Director of the 
                Office of Science and Technology Policy, in 
                consultation with the Chairman of the Federal 
                Communications Commission, and in coordination with the 
                members of the National Space Council, shall provide to 
                the President, through the Executive Secretary of the 
                National Space Council, a report on improving the 
                global competitiveness of the United States space 
                sector through radio frequency spectrum policies, 
                regulation, and United States activities at the 
                International Telecommunication Union and other 
                multilateral forums.

                Sec. 6. Review of Export Licensing Regulations. The 
                Executive Secretary of the National Space Council, in 
                coordination with the members of the National Space 
                Council, shall:

                    (a) initiate a review of export licensing 
                regulations affecting commercial space flight activity;
                    (b) develop recommendations to revise such 
                regulations consistent with the policy set forth in 
                section 1 of this memorandum and with applicable law; 
                and
                    (c) submit such recommendations to the President, 
                through the Vice President, no later than 180 days from 
                the date of this memorandum.

                Sec. 7. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by

[[Page 24903]]

                any party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (d) The Secretary of Transportation is authorized 
                and directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, May 24, 2018

[FR Doc. 2018-11769
Filed 5-29-18; 11:15 am]
Billing code 4910-9X-P

$24901 Federal Register Presidential Documents Vol. 83, No. 104 Wednesday, May 30, 2018 Title 3— Space Policy Directive–2 of May 24, 2018 The President Streamlining Regulations on Commercial Use of Space Memorandum for the Vice President[,] the Secretary of State[,] the Sec- retary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Secretary of Labor[,] the Director of National Intelligence[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Tech- nology Policy[,] the Assistant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff Section 1. Policy. It is the policy of the executive branch to be prudent and responsible when spending taxpayer funds, and to recognize how govern- ment actions, including Federal regulations, affect private resources. It is therefore important that regulations adopted and enforced by the executive branch promote economic growth; minimize uncertainty for taxpayers, inves- tors, and private industry; protect national security, public-safety, and foreign policy interests; and encourage American leadership in space commerce. Sec. 2. Launch and Re-entry Licensing. (a) No later than February 1, 2019, the Secretary of Transportation shall review regulations adopted by the Department of Transportation that provide for and govern licensing of com- mercial space flight launch and re-entry for consistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regulations, or publish for notice and comment proposed rules rescind- ing or revising those regulations, as appropriate and consistent with applica- ble law. (b) Consistent with the policy set forth in section 1 of this memorandum, the Secretary of Transportation shall consider the following: (i) requiring a single license for all types of commercial space flight launch and re-entry operations; and (ii) replacing prescriptive requirements in the commercial space flight launch and re-entry licensing process with performance-based criteria. (c) In carrying out the review required by subsection (a) of this section, the Secretary of Transportation shall coordinate with the members of the National Space Council. (d) The Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration shall coordinate to examine all existing U.S. Government requirements, standards, and policies associated with commercial space flight launch and re-entry operations from Federal launch ranges and, as appropriate and consistent with applicable law, to minimize those requirements, except those necessary to protect public safety and national security, that would conflict with the efforts of the Secretary of Transportation in implementing the Secretary’s sradovich on DSK3GMQ082PROD with PRES DOCS responsibilities under this section. Sec. 3. Commercial Remote Sensing. (a) Within 90 days of the date of this memorandum, the Secretary of Commerce shall review the regulations adopted by the Department of Commerce under Title II of the Land Remote Sensing Policy Act of 1992 (51 U.S.C. 60101 et seq.) for consistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regulations, or publish for notice and comment proposed VerDate Sep<11>2014 18:13 May 29, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30MYO0.SGM 30MYO0$

24902 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Presidential Documents

rules rescinding or revising those regulations, as appropriate and consistent
with applicable law.
(b) In carrying out the review required by subsection (a) of this section,
the Secretary of Commerce shall coordinate with the Secretary of State,
the Secretary of Defense, the Administrator of the National Aeronautics
and Space Administration, and, as appropriate, the Chairman of the Federal
Communications Commission.
(c) Within 120 days of the date of the completion of the review required
by subsection (a) of this section, the Secretary of Commerce, in coordination
with the Secretary of State and the Secretary of Defense, shall transmit
to the Director of the Office of Management and Budget a legislative proposal
to encourage expansion of the licensing of commercial remote sensing activi-
ties. That proposal shall be consistent with the policy set forth in section
1 of this memorandum.
Sec. 4. Reorganization of the Department of Commerce. (a) To the extent
permitted by law, the Secretary of Commerce shall consolidate in the Office
of the Secretary of Commerce the responsibilities of the Department of
Commerce with respect to the Department’s regulation of commercial space
flight activities.
(b) Within 30 days of the date of this memorandum, the Secretary of
Commerce shall transmit to the Director of the Office of Management and
Budget a legislative proposal to create within the Department of Commerce
an entity with primary responsibility for administering the Department’s
regulation of commercial space flight activities.
Sec. 5. Radio Frequency Spectrum. (a) The Secretary of Commerce, in coordi-
nation with the Director of the Office of Science and Technology Policy,
shall work with the Federal Communications Commission to ensure that
Federal Government activities related to radio frequency spectrum are, to
the extent permitted by law, consistent with the policy set forth in section
1 of this memorandum.
(b) Within 120 days of the date of this memorandum, the Secretary of
Commerce and the Director of the Office of Science and Technology Policy,
in consultation with the Chairman of the Federal Communications Commis-
sion, and in coordination with the members of the National Space Council,
shall provide to the President, through the Executive Secretary of the National
Space Council, a report on improving the global competitiveness of the
United States space sector through radio frequency spectrum policies, regula-
tion, and United States activities at the International Telecommunication
Union and other multilateral forums.
Sec. 6. Review of Export Licensing Regulations. The Executive Secretary
of the National Space Council, in coordination with the members of the
National Space Council, shall:
(a) initiate a review of export licensing regulations affecting commercial
space flight activity;
(b) develop recommendations to revise such regulations consistent with
the policy set forth in section 1 of this memorandum and with applicable
law; and
(c) submit such recommendations to the President, through the Vice Presi-
dent, no later than 180 days from the date of this memorandum.
Sec. 7. General Provisions. (a) Nothing in this memorandum shall be con-
strued to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
sradovich on DSK3GMQ082PROD with PRES DOCS

or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity by

VerDate Sep<11>2014 18:13 May 29, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30MYO0.SGM 30MYO0

Document Created: 2018-05-30 01:02:03
Document Modified: 2018-05-30 01:02:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		83 FR 24901