SpaceX Takes a Stand Against FAA Over Fines
SpaceX has responded to the Federal Aviation Administration (FAA) regarding the proposed fines for launch license breaches, blaming the agency for delays in approving minor changes.
In a letter dated September 19, SpaceX addressed Congress members about the FAA’s oversight of its commercial space activities. The four-page document detailed their issues with the FAA’s proposed $633,000 fines related to two mid-2023 launches. The FAA claimed that SpaceX used an unapproved launch control center and missed a required controller poll before a Falcon 9 launch. Additionally, during a Falcon Heavy launch, SpaceX utilized a new propellant tank farm without FAA approval.
SpaceX argued, “With respect to these matters, it is notable that in each instance, SpaceX provided AST with sufficient notice of these relatively minor license updates, which had no bearing on public safety.” They added that the FAA’s delay in processing these updates highlights systemic problems within the agency.
For the Falcon 9 incident, SpaceX submitted a revised communications plan to the FAA on May 2, 2023, but didn’t receive feedback until June 13. The FAA stated there were “too many” changes to review before the scheduled June 18 launch. SpaceX then sent another revision on June 15, focusing solely on the location change, which they believed didn’t need FAA approval. The FAA finally approved the plan on August 20, with SpaceX claiming there was no public safety risk in moving the launch control center.
In the same Falcon 9 launch, SpaceX was fined for skipping a T-2 hour poll. They countered, stating no regulation mandates such a poll, and they conduct it later in the countdown anyway.
During the Falcon Heavy launch, SpaceX moved a propellant tank farm for safety reasons, approved by range safety authorities before the launch. The FAA allowed the use of the tank farm for a Falcon 9 launch from the same pad a month later, officially granting approval months afterward. SpaceX noted that the FAA didn’t initially stop the launch using the unapproved tank farm and, even when intervening, didn’t direct them to halt operations or revoke the license.
We think it’s clear SpaceX feels the FAA isn’t acting fast enough.
The letter, penned by David Harris, SpaceX’s VP, suggested the fines were politically motivated, as they came after Congress scrutinized the FAA for regulatory delays. The letter also pointed out the unusual inclusion of a quote from the FAA’s chief counsel in the fine announcement.
An unnamed industry source expressed doubts about SpaceX’s claims, questioning how the FAA could be both prompt in announcing fines and slow in regulatory duties.
Elon Musk termed the fines as “lawfare” and “politically motivated” on social media and hinted at a lawsuit, though none has been filed yet.
