2023 Potpourri Edition
Happy Holidays everyone! I hope 2023 has been awesome for you all! This year felt like a true return to pre-pandemic normalcy, which has spurred me to reengage fully with life haha!
One major overall update I want to start off with is that you may have noticed fewer posts on this blog. My apologies for this! My focus has shifted towards writing more in-depth long-form articles (such as law review articles) and these tend to demand a considerable portion of my time. Balancing a full-time job and personal endeavors (e.g. dating J) means my bandwidth for shorter posts has been limited. However, my New Year goal is to try to keep the blog alive with at least one new (more legally-leaning) post every quarter.
Related to this, while I'll still provide annual updates on the SLS Program, this will be likely be the last year-end potpourri post. I believe the time I am spend on writing this series of posts can be better directed towards more in-depth pieces on fresh topics.
So, without further ado, let's dive into #TheSpaceBar's final annual roundup, spotlighting updates on previous topics.
Designer Spacesuits
As an update to my space trade dressing piece, a luxury brand is making the leap into Outer Space. In the latest fashion-meets-space collaboration, Prada joins forces with Axiom Space to craft cutting-edge spacesuits for NASA’s Artemis III mission. The Artemis Program, named after Apollo's twin sister, marks NASA's ambitious manned return to the Moon, paving the way for future Mars expeditions. Specifically, Prada will be helping Axiom Space to design the Axiom Extravehicular Mobility Unit (“AxEMU”) spacesuit. The AxEMU, an advanced, self-sufficient spacesuit, promises enhanced comfort, flexibility, and adaptability across genders—addressing limitations in the original Apollo spacesuits. This partnership signals a stylish yet functional leap in Outer Space apparel.
Sampling Outer Space
Expanding on my previous discussions on space rocks, September saw a historic moment with OSIRIS-Rex (Origins, Spectral Interpretation, Resource Identification, Security-Regolith Explorer)’s return to Earth. This homecoming brought back NASA’s first-ever asteroid sample, which was obtained from a 4.5-billion-year-old asteroid called Bennu. Coming at the end of a seven-year mission, the return of approximately 8.8 ounces (250 grams) of material makes it the largest carbon-rich asteroid sample ever delivered to Earth. This significant achievement could offer insights into the origins of life on our planet. Because the spacecraft came back with more sample than scientists expected, NASA will be able to distribute 25% of the sample to over 200 researchers across 25 different sites. In addition to that amount, NASA will also provide 4% of the sample to the Canadian Space Agency and 0.5% to the Japanese Space Agency.
Constellations Emerging
In the satellite constellation race I previously covered, SpaceX has taken a clear lead. Yet, competitors are rapidly advancing. Realizing that it is falling behind, Amazon signed a contract with its competitor, SpaceX, for three Falcon 9 rockets to help to launch Amazon’s own satellite constellation. These launches will commence in the middle of 2025, and they are a part of Amazon’s plan to deploy 3,236 satellites in low earth orbit. This effort is crucial for Amazon to meet the FCC's deadline to launch half of its satellites by 2026. Alongside SpaceX, Amazon has also secured 83 launches with three other launch providers, including United Launch Alliance (ULA), Arianespace, and Jeff Bezos’ own Blue Origin.
Launch Cycles
Reflecting on the commercial launch landscape, 2023 was a year of significant milestones and developments. Several of the key players from my launch series (part one, part two, and part three) each had their share of noteworthy events:
Rocket Lab experienced a temporary halt this year due to an unexpected electrical arc issue with its “We Will Never Desert You” mission. While this setback occurred in September, the company swiftly addressed the problem and received clearance from the FAA to resume launch soon afterwards. By mid-December, Rocket Lab successfully returned to flight, launching the “The Moon God Awakens” mission and showcasing its ability to quickly overcome technical challenges.
Blue Origin’s New Shepard vehicle is posed to resume flights following the FAA concluding its investigation into a 2022 incident where an engine nozzle malfunction triggered an abort sequence. Luckily, this particular launch was unmanned and resulted in no injuries. With it getting ready for flight again, Blue Origin appears to have already addressed the 21 issues identified by the FAA to ensure safety and compliance.
ULA, a joint venture between Lockheed Martin and Boeing Company, is nearing a sale. The list of prospective buyers has now narrowed to three. This includes a private equity fund, Blue Origin, and another aerospace company. If everything goes to plan, an announcement of the deal is anticipated in early 2024. However, the completion of the sale is expected to be a protracted process, requiring clearances from the Federal Trade Commission and the US Department of Justice to address any potential anti-competition issues.
SpaceX has had a remarkable year, surpassing its annual launch record with its 62nd official launch in early September and continuing this momentum with more launches. This achievement places SpaceX far ahead of competitors in the commercial space sector. On the Starship development front, significant progress has been made. Notably, in November, the Starship reached Outer Space for the first time. Despite ending in an explosion on this second test flight, Starship is now forging ahead with its goal of maintaining operations in low Earth orbit, advancing towards the ultimate goal of human lunar landings.
Launch Regulator Needs a Boost
The FAA's Office of Commercial Space Transportation (AST) is crucial for commercial space launch operations, but it's struggling with resource constraints due to the rapid increase in launch activities. This has caused a lot of tensions within the industry. One vocal critic is SpaceX; the company is sometimes caught waiting for FAA’s review and go-ahead even though the company is already ready for launch. In addition, SpaceX is not the only entity that this lack of resources is affecting. Varda Space Industries, a start-up focusing on space manufacturing, has also been caught in this limbo as well. Although its spacecraft, W-series 1, completed its one-month mission in July, Varda can’t de-orbit and retrieve the spacecraft’s capsule containing the results of its microgravity crystallization experiment until it receives a re-entry license from the FAA.
Part of the issue also can be contributed to the release of Part 450 regulations in 2020, which tried to consolidate several different launch regulations. This issue is one worth an in-depth discussion on this blog (especially since it impacted my August 2017 post on launch clearances in the United States), so I plan to learn/analyze this issue further and write a blog post in the upcoming year about this topic. Stay tuned!
Unlocking New Space Scopes
Related to both my space telescope and tyranny of the rocket equation posts, SpaceX's Starship is capturing the attention of American astronomers with its potential to revolutionize space telescope deployment. With Starship’s capacity for heavier payloads at lower costs, astronomers believe that this spaceship is a key to unlocking new space observatories. Starship’s increased payload volume could also simplify the launch of large telescopes, eliminating the need for intrigue folding designs and reducing the risk of failure during deployment. It also opens possibilities for using single, large mirrors instead of segmented ones. However, such advancements are still on the horizon, with the earliest launches expected no earlier than the 2040s.
Space Junk Ticket
Since my space debris post more than 6 years ago, the issue has only intensified. Well, it looks like the U.S. government is getting serious about this problem. In October of this year, the Federal Communications Commission (FCC) issued the world’s first ever space junk fine. In this significant move, the FCC fined Dish Networks $150,000 for not safely deorbiting a defunct satellite. This first-ever space junk fine, though modest, marks a notable shift. This could signal a trend of increasing regulatory action, potentially driving the commercial space industry to adopt more responsible practices in space debris management.
Space Tourism’s Rollercoaster Year
In the realm of commercial space tourism, there have been notable developments in 2023 (including my law review article on the topic :)) for the three leaders in the field:
Blue Origin: Early in December this year, Dave Limp started as the company’s new CEO. He faces the challenge of overcoming recent setbacks, including the pause in space tourist flights on the New Shepard rocket since August 4th, 2022.
Virgin Galactic: 2023 was a mix of progress and setbacks. While Virgin Galactic managed to achieve a monthly flight schedule by August, the company later decided to reduce and eventually halt VSS Unity’s space tourism flights by mid-2024. This strategy is designed to conserve capital as the company turns its attention toward the development of the next generation of vehicles—so that it does not suffer the same fate as its cousin, Virgin Orbit. The company’s future hinges on this critical phase, especially with Sir Branson announcing his decision to halt further investments into the company.
SpaceX: the company continues to make strides in space tourism, complementing its core missions. This year, it launched the AX-2 mission to the International Space Station, offering private individuals a unique Outer Space experience. Another significant project is the Polaris Dawn mission, led by Jared Issacman, known for the Inspiration4 mission. Additionally, SpaceX is preparing for the groundbreaking dearMoon mission, aiming to orbit the Moon once Starship becomes operational.