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FAA fines SpaceX $633K for acting without its permission

The FAA to SpaceX
The FAA to SpaceX “Nice company you got here.
Sure would be a shame if something happened to it.”

The FAA today revealed that it wants to fine SpaceX a total of $633,009 for two different actions where the company did something without the agency’s express permission.

In May 2023, SpaceX submitted a request to revise its communications plan related to its license to launch from Cape Canaveral Space Force Station in Florida. The proposed revisions included adding a new launch control room at Hangar X and removing the T-2 hour readiness poll from its procedures. On June 18, 2023, SpaceX used the unapproved launch control room for the PSN SATRIA mission and did not conduct the required T-2 hour poll. The FAA is proposing $350,000 in civil penalties ($175,000 for each alleged violation).

In July 2023, SpaceX submitted a request to revise its explosive site plan related to its license to launch from the Kennedy Space Center in Florida. The proposed revision reflected a newly constructed rocket propellant farm. On July 28, 2023, SpaceX used the unapproved rocket propellant farm for the EchoStar XXIV/Jupiter mission. The FAA is proposing a $283,009 civil penalty.

To understand the absurdity and abuse of power going on here, one must look at the dates. In the first case, SpaceX had already figured out that a new control room and more efficient launch procedure, eliminating that T-2 hour readiness poll, would be safe and worthwhile. Otherwise it would not have requested the revision, since losing a rocket is something that would harm the company. The FAA sat on this request for more than a month, doing nothing. Nor could it do anything, since it relies entirely on company engineers for these determinations.

Finally in mid-June SpaceX then went ahead with the new procedure, launching successfully with no problems. The company probably couldn’t wait any longer because it had a new control room sitting unused, and it likely figured the FAA was going to approve anyway. It is also likely that the company had gotten approvals for the changes from the Space Force, which manages Cape Canaveral.

In the second case, SpaceX made its request in July to use the new propellant farm and the FAA once again did nothing for weeks. I must repeat that the company would only make this request once it had done the due diligence to make sure using the farm was safe. The FAA can’t do it, since it has no one qualified to do this work. It must rely on the company’s analysis.

Once again the launch went off successfully, with no problems. And once again SpaceX likely also had gotten approvals from the Kennedy Space Center, which manages this launch site.

In both cases, it is clear that the changes were eventually approved by the FAA. These fines therefore are simply because FAA management has hurt feelings because SpaceX wouldn’t wait for it to twiddle its thumbs for a few more weeks. The fines also suggest that FAA management is either being pressured to hinder SpaceX’s commercial operations by higher ups in the White House, or that management itself is trying to exert more power over the company, for apparently very petty reasons.

SpaceX has 30 days to respond to the FAA before the fines are imposed. I expect the company to fight back hard in this. In fact, I suspect it wants this case in court, if only to highlight the FAA’s abuse of power.

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18 comments

  • F

    Glad you’re bringing this to light, because NOBODY else is doing so!

    It’s important that people learn of the abuse by the federal government.

  • M. Murcek

    Wait til we’re facing a nuclear first strike and FAA tells the Pentagon it isn’t ready to give authority for ABM launches or counterstrikes.

  • Patrick Underwood

    SpaceX will sue the FAA for regulatory overreach, according to Musk. Good.

  • Patrick Underwood: Do you have a link to the story where Musk says this?

  • Patrick Underwood

    https://x.com/elonmusk/status/1836097185395666955

    Got it from nasaspaceflight forum.

  • David M. Cook

    It‘s becoming problematic for government agencies to challenge Musk. Look at what happened to the NLRB, completely powerless after taking a swing at Space X! I hope the FAA gets slapped down by congress and/or the courts; they need to be reined in, like a crazy horse!

  • pawn

    Just imagine being a government lawyer swimming in a sea of mediocrity and having to go up against Musk’s legal ninjas.

  • David in Denver

    Veronique DeRugy and John Batchelor (his daily show) recently discussed the “get permission” culture that has developed the last three generations. Apparently this supposes GS-xx personal, or the elected, have a superior lock on what is good sense on carrying out a project.

  • Jack Nisen

    The faa has degraded just like the once great Boeing. Our entire culture is going to hell because of the left.

  • Jeff Wright

    The FAA needs to go after Boeing.
    SpaceX needs a waiver against all regulation for 20 years.

  • David Eastman

    I would *really* love to see congress pass a bill, or even better, let’s get a constitutional amendment, to the effect of “If, after submitting a proper application for a permit or license, no response is received within the designated timeframe, approval may be presumed. Congress or a properly delegated regulatory agency may define a table of reasonable timeframes, but in no case may it exceed 90 days.”

    There is no way the FAA should be involved in minutiae such as these. This is the kind of thing where the proper approach is to say “the company must take care that this is done to a properly documented standard.” And that’s it. The FAA can then review and provide feedback and say “hey, we think you should improve this” or even “hey, this part isn’t right, you need to change that.” But in the meantime, you’re good to go.

  • Steve Richter

    Hopefully this is small potatoes. The FAA gets to show a trophy to the environmentalist and anti Elon constituents of the democrat party. A way to keep them at bay. I am thinking the FAA is not so bad for SpaceX and progress in space. They have given SpaceX approval for a flight 5 which matches the flight 4 profile. That is hardly the stuff of a bureaucratic stranglehold. To the contrary, more flight 4 tests are exactly what SpaceX needs to perfect Starship. Why SpaceX is not scheduling a flight this weekend is beyond me.

  • Steve Richter

    “… The FAA needs to go after Boeing. …”

    OT – We need Elon to buy Boeing. Consider that company’s valuation is probably rock bottom, pennies on the dollar. The GM of the flight business. Elon could raise the money to take the company private, shutdown all the union work sites, move production to right to work states, identify the good engineers and put them in charge of production.

  • Steve Richter

    “… There is no way the FAA should be involved in minutiae such as these. …”

    The FAA is currently a one stop shop. The other agencies have to make their case to the FAA and then more or less go along with what the FAA decides in terms of flight profiles and frequency. So far, SpaceX has gotten approvals to launch ( and build out its Boca site ). The alternative is SpaceX having to deal with each agency equally. The stop Elon forces of the democrat party are not all powerful. NASA and the military are pro SpaceX. The leadership of the uniparty are all in on countering China. To do that, they need SpaceX. And of course there is all the money the agency heads can “earn” when they retire and take jobs in the industries they once regulated.

  • kali jim

    Patrick Underwood
    September 17, 2024 at 3:06 pm

    SpaceX will sue the FAA for regulatory overreach, according to Musk. Good.
    _____

    There should be broad discovery to find out WHY the FAA sat on their hands and twiddled their thumbs, as in any and all communications to and from anyone in the FAA referencing Space X directly or indirectly which would indicate political reasons for singling out Space-X. Space-X has lost lots of time and money due to the FAA, and somebody needs to pay for it, figuratively and literally.

  • Cobra Kai

    It takes longer for the FAA to approve these plans, than Space X to design them from a blank sheet of paper. Think about that.

    It is perfectly reasonable for the FAA to have 2-3 full time people on staff doing nothing but expediting Space X. Increase the permitting fees to cover the cost. simple.

  • Col Beausabre0

    John Galt lives – under the alias Elon Musk!

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