OSC proposes voluntary certification framework for novel commercial space activities

The United States Department of Commerce’s Office of Space Commerce (OSC) recently released a proposal for a new, voluntary Space Commerce Certification (SCC) designed to streamline authorization of novel commercial space activities.

The proposal, issued on March 24, 2026, is in response to a 2025 Executive Order titled “Enabling Competition in the Commercial Space Industry.” OSC proposes a new mission authorization framework aimed at in-space activities not governed by existing Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or OSC regulatory pathways, such as satellite servicing, in-space manufacturing, orbital computing, commercial inhabitable space stations, and lunar operations.

The SCC would be a voluntary, opt-in permission certification administered by the OSC under a “light-touch” framework. A single certification (issued per mission, not as a blanket authorization) may cover multiple space objects launched at separate times. Any US entity may apply. US government-owned and -operated missions are exempt.

Key elements include:

• Potential reliance by the FAA, FCC, and Commercial Remote Sensing Regulatory Affairs (CRSRA) to satisfy or waive portions of their own licensing requirements
  .
• No fees, and an appeal or reconsideration process, including a 21-day window for denials, revocations, or conditions.
  
  
• A 120-day review timeline, with a presumption of approval.
  
  
• Interagency review coordinated by OSC, including consultation with agencies such as the Departments of State and War, the FAA, the FCC, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, and others at OSC’s discretion, each with a 30-day review window.
  
  
• A review focused on national security, international obligations, foreign relations, and the safety of space operations and public safety. OSC may impose general and mission-specific conditions.

The proposed certification process would not replace existing FAA, FCC, and CRSRA licensing obligations. Operators holding FCC, FAA, or CRSRA licenses would still need to maintain those authorizations. However, existing regulators may choose to accept the SCC to satisfy or waive portions of their own review requirements.

For example, the FCC could waive orbital debris mitigation rules; the FAA could streamline its payload review; and the CRSRA could accept the certification in lieu of its separate interagency review for temporary conditions, which could reduce duplicative compliance burdens.

OSC is actively seeking stakeholder input. Comments may be emailed to Space.Commerce@noaa.gov with the subject line “Feedback – Mission Authorization Proposal.”

DLA Piper’s attorneys are monitoring this proposal closely and are available to discuss its implications for your operations.

For more information, please contact the authors.