Space Act 2015: Towards Recognizing the Need for Space Traffic Management Regulation?

Space Traffic Management can be described as technical and regulatory provisions required for guaranteeing safe and interference free operations during launch, suborbital and orbital space activities and atmospheric re-entry. During the last decade, the Federal Aviation Administration has recognized that the exponential increase in the rate of development of space technology will create future challenges associated with the resultant increase in volume of space traffic. While the introduction of new technology is always a challenge for regulatory frameworks, the ‘Space Act 2015’ was passed by the house with a clear majority in May 2015. This legislation proposes to support industry growth by extending the existing semi-comprehensive regulatory regime, creating a pro-growth environment and encourage private sector investment. The ‘Space Act’ clearly shows that US Congress acknowledges this potential future requirement for a more comprehensive framework to address space traffic management of both United States Government assets and United States private sector assets. As liability is arguably the primary risk facing both the public and private space industry, it seems on first reading that this act purports to create stable and more predictable regulatory conditions and improved safety to boost industry growth and development. This paper discusses whether the proposed changes address identified liability issues and regulatory uncertainties in addition to delivering the foundational requirements which support the United States greater international obligation towards space traffic management