As you may have heard by now, the House plans a vote on the American Space Commerce Free Enterprise Act (ASCFEA), H.R. 2809, on April 24. That bill would streamline NOAA’s regulation of remote sensing. It would also, however, create a new certification regime for activities that are currently unregulated, namely, the operation of a space object. The bill would define a space object as
a human-made object located in outer space, including on the Moon and other celestial bodies, with or without human occupants, that was launched from Earth, such as a satellite or a spacecraft, including component parts of the object; and all items carried on such object that are intended for use in outer space outside of, and independent of, the operation of such object.
This definition could cover an orbital habitat, a lunar city, a lunar rover, or a host of other objects. It would not apply to
an article on board a space object that is only intended for use inside the space object; an article manufactured or processed in outer space that is a material; or an article intended for use outside of a space object as part of the certified operations of the space object.
In other words, creative interpretations from the Executive branch notwithstanding, this regulatory regime should not apply to activities and objects inside a space object. One should be able to brush one’s teeth without requiring federal approval, as long as that activity does not take place in the vacuum of space.
For more detailed descriptions of the regulatory regime for operation of space objects, see here for the substance and here for process.