Has the FAA grounded SpaceX?
The FAA statement yesterday seemed quite clear — that the agency was grounding all SpaceX launches until the investigation into the failed landing of a Falcon 9 first stage was completed. That clarity was further accepted by numerous news organizations today, all of which clearly described in their reporting the FAA’s action as a grounding of further SpaceX launches for an unspecified amount of time, from days to weeks. (See here, here, and here for just a few examples.)
Nonetheless, there are strong indications that the FAA’s grounding will be very short. For example, though no dates are presently firm, SpaceX continues to list at least two Starlink launches as well as the Polaris Dawn private manned mission as targeting launches over the next few days, with one Starlink launch still aiming for a 10:18 pm (Pacific) launch tonight from Vandenberg. That liftoff might be tentative, but that SpaceX is still pushing for that launch date suggests it is trying to pressure the FAA to back off.
And SpaceX has good reason to expect that pressure to work. The FAA has already admitted there were no public safety issues from the first stage failure. In the past it has allowed launches to proceed under that condition, even if the investigation was on-going. SpaceX is almost certainly making this point known to the FAA, if its managers don’t know it already. We will find out I think by the end of today.
Even if the FAA backs down, that it even attempted any grounding in this situation was an egregious abuse of its regulatory power. There was no rational reason for it to even hint at doing so, even based on its own regulations as well as its statutory authority. If the goal was to do its job and not to harass SpaceX and Elon Musk, it would have immediately announced that no grounding was required because no issues of public safety were involved in the failure. Instead, it pushed its power, forcing SpaceX to push back.
The FAA statement yesterday seemed quite clear — that the agency was grounding all SpaceX launches until the investigation into the failed landing of a Falcon 9 first stage was completed. That clarity was further accepted by numerous news organizations today, all of which clearly described in their reporting the FAA’s action as a grounding of further SpaceX launches for an unspecified amount of time, from days to weeks. (See here, here, and here for just a few examples.)
Nonetheless, there are strong indications that the FAA’s grounding will be very short. For example, though no dates are presently firm, SpaceX continues to list at least two Starlink launches as well as the Polaris Dawn private manned mission as targeting launches over the next few days, with one Starlink launch still aiming for a 10:18 pm (Pacific) launch tonight from Vandenberg. That liftoff might be tentative, but that SpaceX is still pushing for that launch date suggests it is trying to pressure the FAA to back off.
And SpaceX has good reason to expect that pressure to work. The FAA has already admitted there were no public safety issues from the first stage failure. In the past it has allowed launches to proceed under that condition, even if the investigation was on-going. SpaceX is almost certainly making this point known to the FAA, if its managers don’t know it already. We will find out I think by the end of today.
Even if the FAA backs down, that it even attempted any grounding in this situation was an egregious abuse of its regulatory power. There was no rational reason for it to even hint at doing so, even based on its own regulations as well as its statutory authority. If the goal was to do its job and not to harass SpaceX and Elon Musk, it would have immediately announced that no grounding was required because no issues of public safety were involved in the failure. Instead, it pushed its power, forcing SpaceX to push back.