I have spent some time contemplating the ramifications of this. Before you read this thread know this: I am posting this with the information we have and my opinion is subject to change. @wapodavenport @SciGuySpace @Free_Space @jacqklimas @kchangnyt
https://twitter.com/Free_Space/status/1356603400171970560
Regulation of the launch industry is built on the belief that the industry understands the ramifications of their actions and will protect itself by following those regulations and that Congress believes DOT will do what is necessary to protect the uninvolved public.
(It is important to note at this point that Congress granted this authority to the Secretary of Transportation and during the Clinton Administration the Secretary devolved this authority to the FAA, which is why we have the Office of Commercial Space Transportation at the FAA.)
This is b/c every launch has the potential to harm the uninvolved public and taxpayers could be on the hook for damages through the indemnification regime. In other words, the FAA doesn't really care about damages to the licensee, they are charged with protecting the public.
The FAA works very hard to ensure that licensees will not hurt people. When the licensee violates the parameters of their launch license, people can be hurt or killed. The license is granted with parameters for the sole purpose of ensuring this doesn't happen.
If a licensee violates the terms of their launch license, they did so knowing that an uninvolved member of the public could have been hurt or killed. That is not exaggeration. They took a calculated risk with your life and property.
Knowing that, the FAA has a responsibility, charged by Congress who granted them this responsibility in the first place, to enforce their licenses and the parameters of their licenses.
If the FAA does not enforce their launch licenses, it will damage the long-term viability of the launch industry and damage their credibility with Congress. It is possible that the industry could suffer significant regulatory burdens enforce by Congress to ensure safety.
The industry, and the FAA, has a responsibility to ensure the public, and Congress, has faith in them and the regulatory process to protect the public. The long-term competitiveness of the launch industry is at stake. It must not be taken lightly.
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