executive order

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Trump orders cull of regulations governing commercial rocket launches

Commercial space, Donald Trump, executive order, FAA, launch, Science, Space, space policy, spacex, White House / /

The head of the FAA’s commercial spaceflight division will become a political appointee.

Birds take flight at NASA’s Kennedy Space Center in Florida in this 2010 photo. Credit: NASA

President Donald Trump signed an executive order Wednesday directing government agencies to “eliminate or expedite” environmental reviews for commercial launch and reentry licenses.

The Federal Aviation Administration (FAA), part of the Department of Transportation (DOT), grants licenses for commercial launch and reentry operations. The FAA is charged with ensuring launch and reentries comply with environmental laws, comport with US national interests, and don’t endanger the public.

The drive toward deregulation will be welcome news for companies like SpaceX, led by onetime Trump ally Elon Musk; SpaceX conducts nearly all of the commercial launches and reentries licensed by the FAA.

Deregulation time

Trump ordered Transportation Secretary Sean Duffy, who also serves as the acting administrator of NASA, to “use all available authorities to eliminate or expedite… environmental reviews for… launch and reentry licenses and permits.” In the order signed by Trump, White House officials wrote that Duffy should consult with the chair of the Council on Environmental Quality and follow “applicable law” in the regulatory cull.

The executive order also includes a clause directing Duffy to reevaluate, amend, or rescind a slate of launch-safety regulations written during the first Trump administration. The FAA published the new regulations, known as Part 450, in 2020, and they went into effect in 2021, but space companies have complained they are too cumbersome and have slowed down the license approval process.

And there’s more. Trump ordered NASA, the military, and DOT to eliminate duplicative reviews for spaceport development. This is particularly pertinent at federally owned launch ranges like those at Cape Canaveral, Florida; Vandenberg Space Force Base, California; and Wallops Island, Virginia.

The Trump administration also plans to make the head of the FAA’s Office of Commercial Space Transportation a political appointee. This office oversees commercial launch and reentry licensing and was previously led by a career civil servant. Duffy will also hire an advisor on deregulation in the commercial spaceflight industry to join DOT, and the Office of Space Commerce will be elevated to a more prominent position within the Commerce Department.

“It is the policy of the United States to enhance American greatness in space by enabling a competitive launch marketplace and substantially increasing commercial space launch cadence and novel space activities by 2030,” Trump’s executive order reads. “To accomplish this, the federal government will streamline commercial license and permit approvals for United States-based operators.”

News of the executive order was reported last month by ProPublica, which wrote that the Trump administration was circulating draft language among federal agencies to slash rules to protect the environment and the public from the dangers of rocket launches. The executive order signed by Trump and released by the White House on Wednesday confirms ProPublica’s reporting.

Jared Margolis, a senior attorney for the Center for Biological Diversity, criticized the Trump administration’s move.

“This reckless order puts people and wildlife at risk from private companies launching giant rockets that often explode and wreak devastation on surrounding areas,” Margolis said in a statement. “Bending the knee to powerful corporations by allowing federal agencies to ignore bedrock environmental laws is incredibly dangerous and puts all of us in harm’s way. This is clearly not in the public interest.”

Duffy, the first person to lead NASA and another federal department at the same time, argued the order is important to sustain economic growth in the space industry.

“By slashing red tape tying up spaceport construction, streamlining launch licenses so they can occur at scale, and creating high-level space positions in government, we can unleash the next wave of innovation,” Duffy said in a statement. “At NASA, this means continuing to work with commercial space companies and improving our spaceports’ ability to launch.”

Nipping NEPA

The executive order is emblematic of the Trump administration’s broader push to curtail environmental reviews for large infrastructure projects.

The White House has already directed federal agencies to repeal regulations enforcing the National Environmental Policy Act (NEPA), a 1969 law that requires the feds prepare environmental assessments and environmental impact statements to evaluate the effects of government actions—such as licensing approvals—on the environment.

Regarding commercial spaceflight, the White House ordered the Transportation Department to create a list of activities officials there believe are not subject to NEPA and establish exclusions under NEPA for launch and reentry licenses.

Onlookers watch from nearby sand dunes as SpaceX prepares a Starship rocket for launch from Starbase, Texas. Credit: Stephen Clark/Ars Technica

The changes to the environmental review process might be the most controversial part of Trump’s new executive order. Another section of the order—the attempt to reform or rescind the so-called Part 450 launch and reentry regulations—appears to have bipartisan support in Congress.

The FAA started implementing its new Part 450 commercial launch and reentry regulations less than five years ago after writing the rules in response to another Trump executive order signed in 2018. Part 450 was intended to streamline the launch approval process by allowing companies to submit applications for a series of launches or reentries, rather than requiring a new license for each mission.

But industry officials quickly criticized the new regulations, which they said didn’t account for rapid iteration of rockets and spacecraft like SpaceX’s enormous Starship/Super Heavy launch vehicle. The FAA approved a SpaceX request in May to increase the number of approved Starship launches from five to 25 per year from the company’s base in Starship, Texas, near the US-Mexico border.

Last year, the FAA’s leadership under the Biden administration established a committee to examine the shortcomings of Part 450. The Republican and Democratic leaders of the House Science, Space, and Technology Committee submitted a joint request in February for the Government Accountability Office to conduct an independent review of the FAA’s Part 450 regulations.

“Reforming and streamlining commercial launch regulations and licensing is an area the Biden administration knew needed reform,” wrote Laura Forczyk, founder and executive director of the space consulting firm Astralytical, in a post on X. “However, little was done. Will more be done with this executive order? I hope so. This was needed years ago.”

Dave Cavossa, president of the Commercial Spaceflight Federation, applauded the Trump administration’s regulatory policy.

“This executive order will strengthen and grow the US commercial space industry by cutting red tape while maintaining a commitment to public safety, benefitting the American people and the US government that are increasingly reliant on space for our national and economic security,” Cavossa said in a statement.

Specific language in the new Trump executive order calls for the FAA to evaluate which regulations should be waived for hybrid launch or reentry vehicles that hold FAA airworthiness certificates, and which requirements should be remitted for rockets with a flight termination system, an explosive charge designed to destroy a launch vehicle if it veers off its pre-approved course after liftoff. These are similar to the topics the Biden-era FAA was looking at last year.

The new Trump administration policy also seeks to limit the authority of state officials in enforcing their own environmental rules related to the construction or operation of spaceports.

This is especially relevant after the California Coastal Commission rejected a proposal by SpaceX to double its launch cadence at Vandenberg Space Force Base, a spaceport located roughly 140 miles (225 kilometers) northwest of Los Angeles. The Space Force, which owns Vandenberg and is one of SpaceX’s primary customers, backs SpaceX’s push for more launches.

Finally, the order gives the Department of Commerce responsibility for authorizing “novel space activities” such as in-space assembly and manufacturing, asteroid and planetary mining, and missions to remove space debris from orbit.

This story was updated at 12: 30 am EDT on August 14 with statements from the Center for Biological Diversity and the Commercial Spaceflight Federation.

Photo of Stephen Clark

Stephen Clark is a space reporter at Ars Technica, covering private space companies and the world’s space agencies. Stephen writes about the nexus of technology, science, policy, and business on and off the planet.

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New executive order puts all grants under political control

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On Thursday, the Trump administration issued an executive order asserting political control over grant funding, including all federally supported research. The order requires that any announcement of funding opportunities be reviewed by the head of the agency or someone they designate, which means a political appointee will have the ultimate say over what areas of science the US funds. Individual grants will also require clearance from a political appointee and “must, where applicable, demonstrably advance the President’s policy priorities.”

The order also instructs agencies to formalize the ability to cancel previously awarded grants at any time if they’re considered to “no longer advance agency priorities.” Until a system is in place to enforce the new rules, agencies are forbidden from starting new funding programs.

In short, the new rules would mean that all federal science research would need to be approved by a political appointee who may have no expertise in the relevant areas, and the research can be canceled at any time if the political winds change. It would mark the end of a system that has enabled US scientific leadership for roughly 70 years.

We’re in control

The text of the executive order recycles prior accusations the administration has used to justify attacks on the US scientific endeavor: Too much money goes to pay for the facilities and administrative staff that universities provide researchers; grants have gone to efforts to diversify the scientific community; some studies can’t be replicated; and there have been instances of scientific fraud. Its “solution” to these problems (some of which are real), however, is greater control of the grant-making process by non-expert staff appointed by the president.

In general, the executive order inserts a layer of political control over both the announcement of new funding opportunities and the approval of individual grants. It orders the head of every agency that issues grants—meaning someone appointed by the president—to either make funding decisions themselves, or to designate another senior appointee to do it on their behalf. That individual will then exert control over whether any funding announcements or grants can move forward. Decisions will also require “continuation of existing coordination with OMB [Office of Management and Budget].” The head of OMB, Russell Vought, has been heavily involved in trying to cut science funding, including a recent attempt to block all grants made by the National Institutes of Health.

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New federal employees must praise Trump EOs, submit to continuous vetting

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The administration says the plan will “drastically” speed up hiring while cutting costs. The plan said that efficiencies would be created by cutting down resumes to a maximum of two pages (cutting review time) while creating a pool of resumes that can be returned to so that new jobs won’t even need to be announced. Even hiring for jobs requiring top secret clearances will be expedited, the plan said.

Critics highlight pain points of hiring plan

A federal HR official speaking anonymously told GovExec that “this plan will make life harder for hiring managers and applicants alike.” That official noted that Trump’s plan to pivot away from using self-assessments—where applicants can explain their relevant skills—removes a shortcut for HR workers who will now need to devote time to independently assess every candidate.

Using various Trump-approved technical and alternative assessments would require candidates to participate in live exercises, evaluate work-related scenarios, submit a work sample, solve problems related to skill competencies, or submit additional writing samples that would need to be reviewed. The amount of manual labor involved in the new policies, the HR official warned, is “insane.”

“Everything in it will make it more difficult to hire, not less,” the HR official said. “How the f— do you define if someone is patriotic?”

Jenny Mattingley, a vice president of government affairs at the Partnership for Public Service, told Politico that she agreed that requiring a loyalty test would make federal recruiting harder.

“Many federal employees are air traffic controllers, national park rangers, food safety inspectors, and firefighters who carry out the missions of agencies that are authorized by Congress,” Mattingley said. “These public servants, who deliver services directly to the public, should not be forced to answer politicized questions that fail to evaluate the skills they need to do their jobs effectively.”

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Judge orders Trump admin. to restore CDC and FDA webpages by midnight

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“Irrational removal”

In his opinion, Bates cited the declarations from Stephanie Liou, a physician who works with low-income immigrant families and an underserved high school in Chicago, and Reshma Ramachandran, a primary care provider who relies on CDC guidance on contraceptives and sexually transmitted diseases in her practice. Both are board members of Doctors for America.

Liou testified that the removal of resources from the CDC’s website hindered her response to a chlamydia outbreak at the high school where she worked. Ramachandran, meanwhile, testified that she was left scrambling to find alternative resources for patients during time-limited appointments. Doctors for America also provided declarations from other doctors (who were not members of Doctors for America) who spoke of being “severely impacted” by the sudden loss of CDC and FDA public resources.

With those examples, Bates agreed that the removal of the information caused the doctors “irreparable harm,” in legal terms.

“As these groups attest, the lost materials are more than ‘academic references’—they are vital for real-time clinical decision-making in hospitals, clinics and emergency departments across the country,” Bates wrote. “Without them, health care providers and researchers are left ‘without up-to-date recommendations on managing infectious diseases, public health threats, essential preventive care and chronic conditions.’ … Finally, it bears emphasizing who ultimately bears the harm of defendants’ actions: everyday Americans, and most acutely, underprivileged Americans, seeking healthcare.”

Bates further noted that it would be of “minimal burden” for the Trump administration to restore the data and information, much of which has been publicly available for many years.

In a press statement after the ruling, Doctors for America and Public Citizen celebrated the restoration.

“The judge’s order today is an important victory for doctors, patients, and the public health of the whole country,” Zach Shelley, a Public Citizen Litigation Group attorney and lead counsel on the case, said in the release. “This order puts a stop, at least temporarily, to the irrational removal of vital health information from public access.”

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Critics question tech-heavy lineup of new Homeland Security AI safety board

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Adventures in 21st century regulation —

CEO-heavy board to tackle elusive AI safety concept and apply it to US infrastructure.

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A modified photo of a 1956 scientist carefully bottling

On Friday, the US Department of Homeland Security announced the formation of an Artificial Intelligence Safety and Security Board that consists of 22 members pulled from the tech industry, government, academia, and civil rights organizations. But given the nebulous nature of the term “AI,” which can apply to a broad spectrum of computer technology, it’s unclear if this group will even be able to agree on what exactly they are safeguarding us from.

President Biden directed DHS Secretary Alejandro Mayorkas to establish the board, which will meet for the first time in early May and subsequently on a quarterly basis.

The fundamental assumption posed by the board’s existence, and reflected in Biden’s AI executive order from October, is that AI is an inherently risky technology and that American citizens and businesses need to be protected from its misuse. Along those lines, the goal of the group is to help guard against foreign adversaries using AI to disrupt US infrastructure; develop recommendations to ensure the safe adoption of AI tech into transportation, energy, and Internet services; foster cross-sector collaboration between government and businesses; and create a forum where AI leaders to share information on AI security risks with the DHS.

It’s worth noting that the ill-defined nature of the term “Artificial Intelligence” does the new board no favors regarding scope and focus. AI can mean many different things: It can power a chatbot, fly an airplane, control the ghosts in Pac-Man, regulate the temperature of a nuclear reactor, or play a great game of chess. It can be all those things and more, and since many of those applications of AI work very differently, there’s no guarantee any two people on the board will be thinking about the same type of AI.

This confusion is reflected in the quotes provided by the DHS press release from new board members, some of whom are already talking about different types of AI. While OpenAI, Microsoft, and Anthropic are monetizing generative AI systems like ChatGPT based on large language models (LLMs), Ed Bastian, the CEO of Delta Air Lines, refers to entirely different classes of machine learning when he says, “By driving innovative tools like crew resourcing and turbulence prediction, AI is already making significant contributions to the reliability of our nation’s air travel system.”

So, defining the scope of what AI exactly means—and which applications of AI are new or dangerous—might be one of the key challenges for the new board.

A roundtable of Big Tech CEOs attracts criticism

For the inaugural meeting of the AI Safety and Security Board, the DHS selected a tech industry-heavy group, populated with CEOs of four major AI vendors (Sam Altman of OpenAI, Satya Nadella of Microsoft, Sundar Pichai of Alphabet, and Dario Amodei of Anthopic), CEO Jensen Huang of top AI chipmaker Nvidia, and representatives from other major tech companies like IBM, Adobe, Amazon, Cisco, and AMD. There are also reps from big aerospace and aviation: Northrop Grumman and Delta Air Lines.

Upon reading the announcement, some critics took issue with the board composition. On LinkedIn, founder of The Distributed AI Research Institute (DAIR) Timnit Gebru especially criticized OpenAI’s presence on the board and wrote, “I’ve now seen the full list and it is hilarious. Foxes guarding the hen house is an understatement.”

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