Cleared For Launch: Department Of Commerce Releases Space Commerce Certification Framework For Novel Space Activities

On March 24, 2026, the Office of Space Commerce (OSC) at the Department of Commerce (Commerce) published a proposed process to authorize novel space activities not currently or directly addressed by existing regulatory frameworks (Proposal).  Although the Proposal will enable novel commercial space activities, the process that Commerce purports to use is also novel because it appears to circumvent the Administrative Procedure Act (APA). It is unlikely that the beneficiaries of this expedited process would object to the opportunity to receive authorization for their novel activities without waiting for the rulemaking process to take place; however, if this framework stands unchallenged, it may be a tipping point for other so-called “voluntary” certification frameworks to exist outside of the regulatory process in other industries.