The Air Force took a step forward in its effort to unload excess ICBM motors, despite no changes in federal law or space policy that would allow it to do so, by issuing a request for information (RFI) on Aug. 4.

The notice, posted on Federal Business Opportunities (FBO), said the Air Force’s intent is to obtain information from the spacecraft, launch vehicle and spaceport communities regarding the effect of proposed legislative change in the management of excess ballistic missile motors. The Air Force likely feels encouraged by language in both the House and Senate Armed Services Committees’ fiscal year 2017 bill reports that recommend provisions requiring the United States comptroller general to conduct a cost and benefit analysis of allowing the use of these excess motors for commercial space launch purposes.

 In its RFI, the Air Force says no more than 15 excess motors would be expected to be available per year for commercial launches. Commercial use of excess motors for the launch of international payloads could be allowed, where consistent with international treaties and federal government policy and control regimes.

Air Force Secretary Deborah James on August 10 said although the service has not received presidential permission to move forward, this is simply an attempt to become better informed on the issue. Both federal law and national space policy prohibit the service from selling excess ICBM motors for use in U.S. commercial launches.

The Senate-passed defense authorization bill requires a briefing to Congress by Sept. 1. A bill has not been signed into law by President Barack Obama. Both the House and Senate are currently in conference over the bills.

“Although the bills have not yet become law, we’re getting a jump start on the task,” James told reporters at the Pentagon. “No, we do not have any change in law or policy which would swing it one way or another.”

Allowing the Air Force to unload excess ICBM motors for use in commercial launches is vehemently opposed by many in the commercial space industry who are concerned that it would not only water down the market for commercial launches but would penalize companies investing their own money to develop new cutting-edge launch vehicles. Commercial Spaceflight Federation (CSF) President Eric Stallmer said August 12 in an email that the organization hopes the Air Force would look at the recommendations and input from the entire launch industry and not just from a select few companies that would benefit.

“I remain concerned that any decision that does not take into consideration the economic and innovation perspective of the commercial marketplace could have long term ramifications on the U.S. launch market,” Stallmer said.

Orbital ATK [OA] has come out in favor of the Air Force unloading excess ICBM motors. Though the company didn’t respond to a request for comment August 12, Orbital ATK President David Thompson said in May he supported the move, but with a caveat of not using the motors in the 100 kg to 400 kg commercial launch class. The company uses excess ICBM motors in its Minotaur launch vehicle, which is currently restricted by law to using these motors only for DoD flights.

The Air Force’s most pressing information it wants to know from companies are: any impact that expanded transfer of these motors for commercial use could have on the ability of existing, or planned commercial launch capabilities to meet national security requirements; an assessment of the impact of minimum payload pass and payload aggregation restrictions to the fair market value and an assessment of methodologies for determining fair market value of the motors and what companies believe is a fair price.

Responses are due Aug. 19.