FAA and the Biden administration proves it is out to destroy SpaceX

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

In the past week the FAA proved unequivocally that it is abusing its regulatory powers for political reasons, imposing much harsher regulatory restrictions on SpaceX while allowing other companies much more free rein.

That reality became most evident first with the FAA response to the serious failure of one of the strap-on solid-fueled boosters during the second test launch of ULA’s Vulcan rocket on October 4, 2024. During that launch something went seriously wrong with that booster 38 seconds after launch, involving an explosion and what appeared to be ejection of that booster’s nozzle. Though the launch succeeded in placing its payload into the correct orbit, it required the rocket’s main engines to compensate aggressively.

Despite this, the FAA decided no investigation by it was necessary.

The Federal Aviation Administration, which licenses commercial space launches in the United States, said in a statement that it assessed the booster anomaly and “determined no investigation is warranted at this time.” The FAA is not responsible for regulating launch vehicle anomalies unless they impact public safety.

This decision is correct, but the contrast with the FAA’s treatment of SpaceX is quite striking. If the FAA applied the absurd standard it has been using against SpaceX, it would claim that this Vulcan launch threatened public safety because the incident occurred 38 seconds after launch and was thus relatively close to Florida, where an out of control rocket could potentially threaten public safety.

Such a threat of course really doesn’t exist, as the FAA correctly concluded, because the rocket has a self-destruct system to prevent it from crashing in habitable areas.

Yet the agency failed to use this logic with SpaceX. Instead the FAA decided anything SpaceX launches that doesn’t work perfectly poses a serious public safety threat, no matter where or how it happens, and thus has repeatedly grounded SpaceX launches. A first stage, flown already 23 times, falls over after soft-landing successfully on its drone ship in the middle of the Atlantic, and somehow this justified the FAA grounding SpaceX due to the threat to public safety. A second stage, after successfully placing two astronauts into orbit, misfires during its de-orbit burn but still lands in the middle of the ocean, far from any habitable regions, and somehow this justified the FAA grounding SpaceX due to the threat to public safety.

And the fact that a Superheavy returning to its launchpad at Boca Chica will cause a sonic boom — as do every Falcon 9 landings at Cape Canaveral or Vandenberg — is now justification for grounding Starship/Superheavy test launches, even though sonic booms pose zero threat to anyone other than startling them with the sudden noise.

The FAA further illustrated its bias against SpaceX when it decided to allow the company to do its launch this morning of Europe’s Hera asteroid mission, but specifically stated that the company’s other launches remain grounded.
» Read more

SpaceX launches Europe’s Hera asteroid mission

SpaceX today successfully launched the European Space Agency’s (ESA) Hera asteroid mission to the binary asteroid Didymos and Dimorphos, its Falcon 9 rocket lifting off from Cape Canaveral.

The first stage completed its 23rd rocket, but was not recovered in order to maximum the fuel used to send Hera on its proper route. The fairings completed their 13th and 19th flights respectively.

Hera will do a follow-up rendezvous with the binary asteroids to get a close-up look at the consequences of the Dart impact back in 2022 of Dimorphos.

The leaders in the 2024 launch race:

96 SpaceX
44 China
11 Russia
11 Rocket Lab

American private enterprise now leads the rest of the world combined in successful launches 113 to 67, while SpaceX by itself now leads the entire world, including American companies, 96 to 84.

For SpaceX, this launch ties the record the company set last year for the number of launches of a private company in a single year, and it did so in just more than three-quarters of the year. The company’s goal of 144 launches in 2024 remains possible, assuming the federal government stopped blocking its operations. For example, the FAA granted the company permission for this one launch, but maintained its grounding of further launches because an upper stage did not land safely in the ocean in the exact right spot.

FAA: No Starship/Superheavy launch before late November

In response to speculation that the fifth Starship/Superheavy test launch could happen in mid-October — based on a recent notice to mariners from the Coast Guard, the FAA on Wednesday made it clear that its stonewalling of SpaceX will continue.

“We are not issuing launch authorization for a launch to occur in the next two weeks — it’s not happening,” an FAA spokesman said Wednesday afternoon. “Late November is still our target date.”

The report comes from the San-Antonio Express-News, and as is typical of the reporting in the propaganda press, the article only gives the FAA’s side of this story, making absolutely no mention of SpaceX’s detailed and very public objections. As far as this news outlet is concerned, the FAA is god, whatever it says must be true. So much for a skeptical free press whose goal is supposed to be to hold government accountable.

Mid-October date for the 5th Starship/Superheavy test orbital launch?

A US Coast Guard announcement issued today includes a notice to mariners of a rocket launch window at Boca Chica from October 12th to October 19th, suggesting that SpaceX has gotten an update from the FAA that a launch license will be issued for those dates, more than a month earlier than previously predicted by the FAA.

It must be emphasized that this notice is from the Coast Guard, not the FAA. The FAA has said nothing new about SpaceX’s launch license application. This notice suggests several possiblilites, all or none of which may be true:

1. The FAA has told SpaceX privately that it expects to issue that license in time for a launch in two weeks, and SpaceX then moved quickly to get the Coast Guard in line.

2. SpaceX and the Coast Guard are working together to increase the pressure on the FAA to get out of the way.

3. The public condemnations of the FAA by SpaceX in the past few weeks have worked to force that agency to back off its hardnosed regulatory over-reach.

All of this is wild speculation. For all we know, this Coast Guard notice is something it always issues prior to major static fire tests at Boca Chica. We shall have to wait to get a better sense of what is happening.

Hat tip to reader Steve Richter.

FAA grounds SpaceX again

According to a report in Reuters, the FAA yesterday announced that it has grounded SpaceX from any further launches, two days after SpaceX had already paused launches, the action triggered when the second stage of Saturday’s Falcon 9 launch to ISS failed to fire its de-orbit burn properly, thus causing the stage to splashdown outside its target zone in the Pacific.

This action is a perfect example of the FAA’s extraneous interference. SpaceX was already on the case. It doesn’t need the FAA to kibbitz it, since no one at the FAA has any qualifications for providing any useful advice. All the FAA accomplishes here is get in the way.

The FAA’s action also likely falls outside its statutory authority. The stage landed in the ocean, causing no damage or threat to public safety, the only areas the FAA’s authority resides. And if the agency now deems returning equipment part of its licensing requirements, why did it didn’t say anything about the uncertain nature of the return of Boeing’s Starliner capsule, which targeted a landing on land and could have easily ended up crashing in the wrong spot because its own thrusters were untrustworthy?

The FAA is playing favorites here, and needs to be reined in, badly.

Musk and Shotwell once again blast red tape against the company

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

In a follow-up to SpaceX’s blunt critical response to the attacks against it by the head of the FAA, Mike Whitaker during House testimony on September 24, 2024, Elon Musk in a tweet yesterday called for Whitaker to resign.

That blast however was only the start. During a different hearing on September 24th before the Texas state house appropriations committee, Gywnne Shotwell, the CEO of SpaceX, called the actions of the EPA to regulate the launch deluge system for Starship/Superheavy “nonsense.”

“We work very closely with organizations such as the (Texas Commission on Environmental Quality),” she said. “You may have read a little bit of nonsense in the papers recently about that, but we’re working quite well with them.”

…On Tuesday, Shotwell maintained that the the system — which she said resembles “an upside down shower head” — was “licensed and permitted by TCEQ [Texas Commission on Environmental Quality] … EPA came in afterwards and didn’t like the license or the permit that we had for that and wanted to turn it into a federal permit, which we are working on right now.”

…The state agency has said the company received a stormwater permit — a type that’s usually quickly approved — but did not have the permit required for discharge of industrial wastewater produced by launches. That type of permit requires significant technical review and usually takes almost a year to approve. [emphasis mine]

The problem with this demand by both EPA and TCEQ is that SpaceX is not dumping “industrial wastewater produced by launches.” The deluge system uses potable water, essentially equivalent to rain water, and thus does zero harm to the environment. In fact, a single rainstorm would dump far more water on the tidal islands of Boca Chica that any of SpaceX’s Starship/Superheavy launches.

Thus, this demand by the EPA clearly proves the political nature of this regulatory harassment. The unelected apparatchiks in the federal bureaucracy are hunting for ways to stymie and shut down SpaceX, and they will use any regulation they can find to do so — even if that use makes no sense. And they are doing this because they support the Democratic Party wholesale, and thus are abusing their power to hurt someone (Elon Musk) who now opposes that party.

FAA administrator claims SpaceX wasn’t following regulations; SpaceX says that’s false

FAA administrator Mike Whitaker today said this to SpaceX:
FAA administrator Mike Whitaker today to SpaceX:
“Nice company you have there. Shame if something
happened to it.”

In a hearing today before the House transportation committee, the FAA administrator Mike Whitaker claimed repeatedly that the red tape his agency has imposed on SpaceX, as well as the fines it recently imposed on the company, were due to safety concerns as well as SpaceX not following the regulations and even launching without a license.

Mike Whitaker, the administrator of the FAA, told lawmakers on the House Transportation Committee that his decision to delay SpaceX’s launch for a few months is grounded in safety, and defended the $633,000 fine his agency has proposed against SpaceX as the “only tool” the FAA has to ensure that Musk’s company follows the rules.

… [Kevin Kiley (R-California)] argued those reviews don’t have anything to do with safety, prompting Whitaker to shoot back: “I think the sonic boom analysis [related to returning Superheavy back to Boca Chica] is a safety related incident. I think the two month delay is necessary to comply with the launch requirements, and I think that’s an important part of safety culture.”

When Kiley asked what can be done to move the launch up, Whitaker said, “complying with regulations would be the best path.”

SpaceX immediately responded with a detailed letter, published on X, stating in summary as follows:

FAA Administrator Whitaker made several incorrect statements today regarding SpaceX. In fact, every statement he made was incorrect.

The letter then detailed very carefully the falseness of each of Whitaker’s claims. You can read images of the letter here and here. The company noted:

It is deeply concerning that the administrator does not appear to have accurate information immediately available to him with respect to SpaceX licensing matters.

Based on SpaceX’s detailed response, it appears its lawyers are extremely confident it has a very good legal position, and will win in court. Moreover, the politics strongly argue in favor of fighting now. Though such a fight might delay further Superheavy/Starship test launches in the near term, in the long run a victory has a good chance of cleaning up the red tape for good, so that future work will proceed without this harassment.

Whitaker’s testimony also suggests strongly that he — a political appointee by the Biden administration –is likely the source of many of the recent delays and increased red tape that SpaceX has been forced to endure. He clearly thinks he knows better than SpaceX on these technical areas, even though his education and work history has never had anything to do with building rockets.

SpaceX and Elon Musk blast the FAA’s red tape again

Are Americans finally waking up and emulating their country's founders?

Fight! Fight! Fight! Yesterday both SpaceX and Elon Musk renewed their attack on the FAA’s apparent arbitrary harassment of the company, both by slowing down development of Starship/Superheavy as well as imposing fines and delays on the company for petty issues relating to Falcon 9 launches.

First, Elon Musk sent out a tweet on X, highlighting a successful static fire launchpad engine test of the Starship prototype the company plans to fly on the sixth Starship/Superheavy orbital flight. As he noted with apparent disgust, “Flight 5 is built and ready to fly. Flight 6 will be ready to fly before Flight 5 even gets approved by FAA!”

Second, and with more force, the company released a public letter that it has sent to the leading Republican and Democratic representatives of the House and Senate committees that have direct authority over space activities, outlining its issues with the FAA’s behavior. The letter details at length the irrational and inexplicable slowdown in FAA approvals that caused two launches last summer to occur in a confused manner, with SpaceX clearly given the impression by the FAA that it could go ahead which the FAA now denies. In one case the FAA claims SpaceX removed without its permission a poll of mission control during its countdown procedure. SpaceX in its letter noted bluntly that the regulations do not require that poll, and that the company already requires two other polls during the count.

In another case involving SpaceX’s plan to change to a new mission control center, the company submitted its request in June, and after two months the FAA finally approved the control center’s use for one launch, but had still not approved it for a second. The first launch went off, so SpaceX thus rightly assumed it could use the control center for the second. Yet the FAA is now trying to fine SpaceX for that second launch.

The third case of FAA misconduct appears to be the most egregious. » Read more

Musk: We will sue the FAA for “regulatory overreach” and “improper, politically-motivated behavior”

In a series of tweets yesterday Elon Musk announced that SpaceX is going to sue the FAA for its recent actions that have delayed development of Starship/Superheavy and have also fined the company for what appear to be petty reasons.

In the second case, the FAA threatened to fine SpaceX $633K because it had not gotten some minor approvals prior to successfully completing two launches safely. The agency gave SpaceX 30 days to respond.

Musk responded bluntly in a tweet, stating that “SpaceX will be filing suit against the FAA for regulatory overreach.” In a second tweet immediately thereafter Musk added that that the fines were “More lawfare.”

In a third tweet he stated unequivocally, “I am highly confident that discovery will show improper, politically-motivated behavior by the FAA.”

As noted in the first link above, the agency took no action against SpaceX for more than a year after those two launches, only issuing the threat to fine the company now, just before the election, and just after the company had publicly criticized the agency for its delays in issuing a launch license for the fifth Starship/Superheavy test flight. I suspect Musk has some good information of solid evidence that some officials either in the FAA or at the White House instigated this action for political reasons. An honest appraisal of the FAA’s actions sure suggests it.

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. » Read more

FAA attempts to justify its red tape

The FAA today responded to SpaceX’s harsh criticism of the licensing process that is delaying the next test orbital launch of Starship/Superheavy, claiming the delays were entirely SpaceX’s fault for changing the flight profile of the mission, likely involving the landing of Superheavy at the launch tower rather than in the Gulf of Mexico.

The agency also claimed that this change meant that the “environmental impact” would cover a wider area, requiring imput from “other agencies.”

An FAA official reiteriated these claims at a conference yesterday, stating that the delay was “largely set by the choices that the company makes.”

All crap and utter rationalizations. The FAA has decided that any change of any kind in the launch operations will now require major review, including bringing in Fish & Wildlife, the Coast Guard, and others to have their say. This policy however has nothing to do with reality, as there is absolutely no additional threat to the environment by these changes. Nor is there any significant increase in safety risks by having Superheavy land at Boca Chica. Even if there were, the only ones qualified to determine that risk are engineers at SpaceX. The FAA is merely rubberstamping SpaceX’s conclusions, and taking its time doing so.

This is America today. Unless something changes soon, freedom is dead. To do anything new and challenging Americans will have to beg permission from bureaucrats in Washington, who know nothing but love to exert their power over everyone else. Under these circumstances, we shall see the end of a great and free nation.

Space industry and Congress blast FAA for its so-called “streamlined” regulations

At hearings yesterday before the House Science committee numerous space companies as well as elected officials heaped numerous complaints about the FAA’s regulartory framework, called Part 450, that it adopted in March 2021 supposedly to “streamline” and “speed up” the licensing required to launch.

The result has been the exact opposite, as predicted by many in the industry when the agency was writing these regulations.

Many in the launch industry have warned since the regulations went into force in March 2021 that it was difficult for companies to obtain licenses under Part 450. Industry officials raised concerns about Part 450 at an October 2023 hearing of the Senate Commerce Committee’s space subcommittee, with one witness, Bill Gerstenmaier of SpaceX, warning the “entire regulatory system is at risk of collapse” because of the difficulties getting licenses under the new regulations.

Witnesses at the House hearing made clear those concerns have not abated. “The way it is being implemented today has caused severe licensing delays, confusion and is jeopardizing our long-held leadership position,” said Dave Cavossa, president of the Commercial Spaceflight Federation, an industry group whose members include several launch companies.

He cited specific concerns such as a long “pre-application” process with the FAA where companies, he said, “get stuck in an endless back-and-forth process” with the agency to determine how they can meet the performance-based requirements of Part 450 with limited guidance. “This process is taking years,” he argued.

It first must be noted that this hearing was not called in connection with the FAA’s stonewalling of SpaceX Starship/Superheavy test program. It was called because since 2021 the entire new rocket industry in the U.S. has ground to a halt, with launches from new rocket companies practically ending because of the red tape imposed on them by Part 450. If something is not done to fix this, new companies in Europe and India will quickly grab market share, choking off profits for the new American companies.

FAA delays launch license approval of next Starship/Superheavy test launch until late November


The White House to SpaceX: “Great business you got there! Really be
a shame if something happened to it!”

According to an update today on SpaceX’s Starship webpage, the FAA has told the company to not expect a launch license for its next Starship/Superheavy orbital test launch until late November.

We recently received a launch license date estimate of late November from the FAA, the government agency responsible for licensing Starship flight tests. This is a more than two-month delay to the previously communicated date of mid-September. This delay was not based on a new safety concern, but instead driven by superfluous environmental analysis. The four open environmental issues are illustrative of the difficulties launch companies face in the current regulatory environment for launch and reentry licensing.

This two month delay is actually a four month delay, since SpaceX had previously stated it was ready to launch in early August. » Read more

Local Texas authorities fine SpaceX for dumping potable water in Boca Chica

In what is simply another case of apparent harassment fueled by a tiny minority of anti-Musk activists, local Texas authorities have fined SpaceX a whopping $3,750 for dumping potable water at Boca Chica during the last test launch of its Starship/Superheavy rocket.

Late last month, the Texas Commission on Environmental Quality shared that SpaceX failed to get authorization to discharge industrial wastewater into or adjacent to surrounding wetlands, resulting in a $3,750 penalty. The wastewater SpaceX is charged with releasing comes from a water deluge system for its massive Starship rocket. The deluge system is used to absorb heat and vibration from the rocket engines firing.

This article is typical of most of our leftist mainstream press. It pushes the false claims of those activists — such as their insistence they represent everyone in the south Rio Grande Valley and that the water was “industrial wastewater.” First, they represent almost no one in south Texas, as almost everyone there is very happy with SpaceX and the billions of dollars and tens of thousands of jobs it is bringing to the area. For example, these groups recently held an event on the beaches near SpaceX facilities “to fight for its preservation, which they view as being in jeopardy since the arrival of Elon Musk’s SpaceX.”

Only about a dozen people showed up.

Second, the water is not “industrial wastewater.” As Elon Musk noted in a tweet, “Just to be clear, this silly fine was for spilling potable drinking water! Literally, you could drink it.”

Nonetheless, this manufactured environmental issue has clearly been used to stall SpaceX’s efforts. The company had said it was ready to do the next test launch of Starship/Superheavy on August 8, 2024. It is now a month later, and the FAA has still not issued the launch license. It is possible that part of the reason for the delay is because SpaceX has decided it will attempt to bring Superheavy back to the launch tower at Boca Chica, where the tower’s chopstick arms will try to capture it on landing. If so, the FAA might be demanding more assurances of safety than SpaceX can reasonably provide.

The delay however is also almost certainly caused by this fake environmental water issue. The FAA apparently has been forced to deal with it, and that action has stalled all of its new regulatory harassment of SpaceX, including the process to approve a new environmental assessment of Boca Chica that would allow the company to launch as many as 22 times per year.

Rocket startup ABL lays off a significant number of staff

As a result of a launchpad fire that destroyed its rocket — just before it was going to make the second attempt to achieve orbit — rocket startup ABL has now laid off a significant but unstated number of staff in order to save money.

In a post on LinkedIn Aug. 30, Harry O’Hanley, chief executive of ABL, said the company was laying off an unspecified number of people. He included the email he sent to company staff after an all-hands meeting to discuss the layoffs.

In 2021 the company had raised almost $400 million in private investment capital, but it is possible that the loss of its first two rockets, one mere seconds after launch and the second before the launch could even occur, has possibly caused some investors to pull their money from the company. It is also possible those investors also recognized that the increased red tape imposed on all rocket companies since the FAA instituted its new “streamlined” Part 450 regulatory rules in 2021 was likely going to delay the next ABL launch attempt so much it made investments in the company no longer viable.

SpaceX resumes launches with a bang!

Within hours of the FAA clearing SpaceX to resume launches, the company did so most emphatically, launching twice in little more than an hour apart from opposite coasts.

First the company placed 20 Starlink satellites into orbit, its Falcon 9 rocket lifting off from Cape Canaveral. The first stage completed its eighteenth flight, landing on a drone ship in the Atlantic.

Then, one hour and five minutes later, the company launched 21 Starlink satellites, the Falcon 9 lifting off from Vandenberg in California. That first stage completed its ninth flight, landing on a drone ship in the Pacific.

This fast return to flight underlines the unnecessary delay of at least one day in launches caused by the FAA’s red tape. SpaceX had scheduled at least one of these launches the previous night — and was clearly ready to launch — but had to cancel it because the FAA stood in the way.

The leaders in the 2024 launch race:

86 SpaceX
36 China
10 Rocket Lab
9 Russia

American private enterprise now leads the rest of the world combined in successful launches 101 to 54, while SpaceX by itself leads the entire world, including American companies 86 to 69.

2024 is now the second year in a row the U.S. rocket industry has completed more than 100 launches, something it could not do for the first three-quarters of a century after Sputnik, when our precious government used NASA to run our entire space program. Now that freedom and capitalism has managed to wrest some control away from NASA, Americans are finally doing what they would have done in the 1960s, had Congress and President Kennedy not stepped in, first requiring all space exploration be run under a “space program” controlled by NASA, and then passing the Communications Satellite Act in 1962 which forbid Americans from running private profit-oriented launches without government participation.

FAA gets out of the way

My heart be still! The FAA today cleared SpaceX to resume launches, after grounding its fleet for two days because a Falcon 9 first stage, flying on its 23rd launch and having successfully placed 21 satellites into orbit, fell over after landing softly on its drone ship in the Atlantic.

The FAA statement was short but to my mind illustrates again the growing effort of the administrative state to require Americans to obtain its permission to do anything at all.

The SpaceX Falcon 9 vehicle may return to flight operations while the overall investigation of the anomaly during (Wednesday’s) mission remains open, provided all other license requirements are met. SpaceX made the return to flight request on Aug. 29 and the FAA gave approval on Aug. 30.

That the FAA even grounded SpaceX for one second, and then required SpaceX to ask permission to fly again, is all unacceptable and a great abuse of power. There was no reason for this grounding at all. Even as the FAA announced it two days ago the agency admitted the failed landing posed no threat to the public. It should have immediately said the company had every right to continue flying.

Even though there are people at the FAA with good intentions, the overall trend there and everywhere within that Washington bureaucracy is to expand its power, to make demands of Americans in every way, and to insist it must be the gatekeeper for any action by any American. Only today for example the FDA declared unilaterally that all retailers now have to obtain photo ID from anyone under thirty who wishes to buy tobacco. It claims it has the right to mandate this based on a legislation passed in 2019, but without question this is a very liberal interpretation of that law, which merely raised the minimum age for buying tobacco from 18 to 21. I am sure it did not give the FDA the outright ability to declare such mandates without any review by anyone.

Power grabs like this are only going to get worse, unless Americans vote in new legislators and support them when they act to neuter these agencies. It remains however strongly doubtful whether most Americans are willing to do this. It would require a love of freedom and the risks it entails to abandon the regulatory state, and right now I don’t think most people have that kind of courage. They have grown used to having a big daddy acting to protect them, and appear willing to accept that gentle tyranny more and more.

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.

FAA grounds SpaceX because of first stage landing failure early today


“Great business you got there! Really be
a shame if something happened to it!”

They’re coming for you next: Once again the FAA has expanded its harassment of SpaceX by now grounding the company from any further launches while it “investigates” the failed landing of a Falcon 9 first stage last night. The FAA statement is as follows:

“The FAA is aware an anomaly occurred during the SpaceX Starlink Group 8-6 mission that launched from Cape Canaveral Space Force Station in Florida on August 28,” the FAA said Wednesday in a statement. “The incident involved the failure of the Falcon 9 booster rocket while landing on a droneship at sea. No public injuries or public property damage have been reported. The FAA is requiring an investigation.”

The FAA’s actions against SpaceX since Biden became president have consistently been unprecedented and biased against the company. » Read more

SpaceX gets FCC okay for next Starship/Superheavy test flight

Superheavy being captured by the tower chopsticks at landing
Artist rendering of Superheavy being captured by
the tower chopsticks at landing. Click for video.

The FCC yesterday issued SpaceX a communications license for the fifth orbital test launch of its giant Starship/Superheavy rocket, with the license permitting Superheavy to “either return to the launch site or perform a controlled water landing.”

The license runs through February 15, 2025.

This does not mean a launch has been approved however. The FCC only gives approval for radio communications on such a flight. It is the FAA that must issue the actual launch license, and it as yet not done so.

SpaceX had announced on August 8, 2024 that it was ready to go. It is now almost two weks since then and the FAA has said nothing.

The only justifiable reason for this delay would be that SpaceX has requested permission to do the first chopstick landing of Superheavy at Boca Chica (as suggested by the FCC approval), and since this changes the already approved flight path from the previous four test launches, the FAA is reviewing it more closely, and taking its time to do so.

The simple fact is that it can’t learn anything by this review. It isn’t qualified to make any educated determination. Either it is willing to let SpaceX do that return, or not. If it is against it at this point, it should simply say so, demand SpaceX hold off a chopstick landing until later, and give it permission now to do another ocean landing. At least this way the company would have clarity and could proceed.

FAA cancels scheduled public meetings to review new Boca Chica environmental assessment

For as yet unknown reasons, the FAA today sent out an email canceling all the public meetings that it had scheduled in mid-July and were designed to allow the public to comment on its new environmental assessment of SpaceX’s application to increase its Starship/Superheavy launch rate at Boca Chica from five to as much as 25 launches per year.

The FAA is cancelling the in-person public meetings on the Draft EA scheduled for: Tuesday, August 13, 2024; 1:00 PM–3:00 PM & 5:30 PM – 7:30 PM CDT City of South Padre Island Convention Center, 7355 Padre Blvd, South Padre Island, TX 78597 Thursday, August 15, 2024; 1:00 PM–3:00 PM & 5:30 PM – 7:30 PM CDT Port Isabel Event & Cultural Center, 309 E Railroad Ave, Port Isabel, TX 78578 The FAA is also cancelling the virtual public meeting scheduled for: Tuesday, August 20, 2024; 5:30 PM – 7:30 PM CDT The FAA will provide notice for new dates for the meetings and a new date for the close of the comment period in the future.

The FAA’s email also noted that public comments can still be submitted either electronically here or by mail sent to Ms. Amy Hanson, FAA Environmental Specialist, SpaceX EA, c/o ICF 1902 Reston Metro Plaza Reston, VA 20190. In both cases, the commenter must reference Docket No. FAA-2024-2006. The email also stated that the public comment period would be extended beyond its August 29, 2024 closure date.

This cancellation mirrors the situation in 2021-2022, when the FAA was reviewing its previous environmental reassessment of the Boca Chica site. At that time the agency repeatedly failed to meet its own deadlines, sometimes on a month-by-month basis, so that the final approval process ended up stretching out more than a half year. Similar delays further stalled the first Starship/Superhavy test flight by another full year.

I once again suspect that higher ups in the White House are applying pressure on the FAA to stall this process, for political reasons, probably because those higher ups want no action taken before the November election. I am guessing, but this is how Washington works. Real achievement by American private citizens must always take a back seat to the power lusts of the DC politicos who now rule us.

FAA red tape apparently stalling the next Starship/Superheavy orbital test launch

Superheavy being captured by the tower chopsticks at landing
Superheavy being captured by the tower chopsticks at landing.
Click for video.

Back in mid-June, shortly after 4th orbital test flight of SpaceX’s Starship/Superheavy rocket, it appeared based on an FAA statement that the company could proceed with the next test flight as soon as it was ready to fly.

Subsequently, Elon Musk said the company expected to be ready by early August. There were also indications that the company wished to attempt a chopstick landing of Superheavy back at the launch tower at Boca Chica. Such an attempt however would require approval from the FAA, as the flight profile would not be the same as the previous flight.

I and others speculated that SpaceX would forego that chopstick landing in order to fly the fifth test flight quickly, while simultanously requesting permission from the FAA for such a landing on a later test flight. My thinking was that this would allow test flights to proceed with as little delay as possible.

Though it remains unknown whether or not the next test flight will include that chopstick landing attempt, it does appear that FAA red tape is blocking the next flight. In an update from NASASpaceflight.com about the work at Boca Chica posted on August 9, 2023 was a link to a SpaceX tweet the day before that said the following:
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Update on Starship/Superheavy at Boca Chica

Link here. Progress is being made, but it remains unclear when the next orbital test flight of Superheavy/Starship will take place. Musk had predicted early August, and though the company appears getting close, there remains no word yet on from the FAA about issuing a launch license.

The article at the link however provides a lot of information about the construction of the second launch site at Boca Chica, as well as the future Starship prototypes to be launched. The next flight, the fifth, will use what SpaceX is calling its Block 1 version of the spaceship. The sixth flight will also fly this version. The seventh flight however will fly what SpaceX dubs its Block 2 verison, incorporating many upgrades and changes based on the previous test flights.

This information suggests several things. First, SpaceX wants to do three more orbital test launches in the near future, likely before the end of this year. Whether the FAA will allow such a thing remains unknown. The environmental reassessment that it issued in 2022 allows SpaceX to do five launches per year at Boca Chica, but requires the company to get FAA approval for each one, and also requires SpaceX to submit extensive paperwork before that approval will even be considered. Whether the FAA can move quickly enough between test flights to get this three more launches completed before December seems very doubtful, based on its past track record.

Second, it gives us a sense of the overall development. In developing Falcon 9, SpaceX went through five Block designs before the operational Block 5 that now flies so routinely. The company however was flying operationally and profitably by Block 2. If SpaceX is now moving to Block 2 for Starship, it means it is likely confident that this version will be capable of returning Starship to the ground undamaged and up to additional flights.

FAA releases proposed environmental assessment of Boca Chica permitting more Starship/Superheavy launches

Superheavy/Starship lifting off on March 14, 2024
Superheavy/Starship lifting off on March 14, 2024

In advance of several planned public meetings, the FAA today released [pdf] its proposed environmental assessment of SpaceX’s proposal to increase the number of orbital launches allowed per year from Boca Chica from 5 to 25.

The report makes for some fascinating reading. First and foremost it indicates the FAA’s general approval of this new launch cadence. That approval however must also be given by the public in comments at those meetings, as well as by the National Park Service (NPS), U.S. Fish and Wildlife Service (USFWS), the U.S. Coast Guard (USCG), and the National Aeronautics and Space Administration (NASA). Expect serious objections from the NPS and USFSW, both of which have acted to slow or stop SpaceX in the past, when each was given the opportunity. Both have a new opportunity here.
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SpaceX to FAA: Allow launches to resume before completion of July 11th launch failure investigation

SpaceX on July 15, 2024 submitted a request to the FAA to quickly determine that the July 11th Falcon-9 launch failure posed no threat to public safety, and thus allow the company to resume Falcon 9 launches before the investigation of that failure is completed.

The FAA has two means of allowing a rocket to return to flight operations following a mishap. The first is that it approves a launch operator-led mishap investigation final report, which would include “the identification of any corrective actions.” Those actions need to be put in place and all related licensing requirement need to be met.

The other option is for a public safety determination to be issued. This would be an option if “the mishap did not involve safety-critical systems or otherwise jeopardize public safety,” according to the FAA.

“The FAA will review the request, and if in agreement, authorize a return to flight operations while the mishap investigation remains open and provided the operator meets all relevant licensing requirements,” the FAA wrote on its website.

SpaceX is apparently expecting the FAA to quickly approve this request, as it has now scheduled its next Falcon 9 launch for July 19, 2024, at the end of this week.

The lower level workers at the FAA probably want to get out of the way, but they have to obey orders from above, and it is my suspicion that the White House is applying pressure to make life hard for SpaceX. As I have noted, the FAA has not required the same level of due diligence from either NASA and its SLS rocket, or Boeing’s Starliner capsule.

FAA to “investigate” SpaceX launch failure

In what appears to be a perfect example of bureaucratic hubris, the FAA announced right after the Falcon 9 upper stage failure on July 11, 2024 that it “is requiring an investigation” and that it “will be involved in every step of the investigation process and must approve SpaceX’s final report, including any corrective actions.” The agency added:

A return to flight is based on the FAA determining that any system, process, or procedure related to the mishap does not affect public safety. In addition, SpaceX may need to request and receive approval from the FAA to modify its license that incorporates any corrective actions and meet all other licensing requirements.

It is difficult to count all the ways this announcement is arrogant and political.

First, why has the FAA made no such similar demands upon Boeing and its Starliner capsule, during any of its three flights, all of which have had serious issues? On the present manned flight, the failure of its thrusters during docking posed a safety issue to the crew then, and poses a clear safety issue to the public when it comes time for the capsule to return to Earth. If those thrusters don’t fire as planned Starliner could crash anywhere.

Yet the FAA has been entirely uninterested. Could it be because Boeing is not owned by Elon Musk, and the Biden administration isn’t demanding the FAA come down hard on it?

Second, does the FAA really think SpaceX wouldn’t do an investigation of the upper stage failure without an order from the FAA? If anything, left to its own devices it is more likely the FAA would do nothing — as it has done with Boeing with both Starliner and the issues that have occurred with both SLS and Orion. SpaceX however will do an investigation without question, because the company takes such incidents very seriously, and always fixes the problem so that it does not pop up again.

Third, there is absolutely no one at the FAA qualified to do this investigation, or to determine if SpaceX’s “corrective actions” are the right choice. These are bureaucrats, not cutting edge engineers. All they are going to do is watch SpaceX’s people do the work, kibitz a bit here and there, and then rubberstamp the conclusions of the company’s engineers, after making SpaceX wait while it retypes SpaceX’s report.

To claim the FAA has the ability to “approve” any engineering actions here is absurd.

Fourth, to threaten to deny SpaceX’s launch license for future Falcon 9 rockets — the most reliable and dependable rocket ever built — illustrates again the partisan nature of this action. The specificity of the agency’s demands here runs very counter to its demands after other past launch anomalies, involving both SpaceX and others. It is as if the agency has gotten orders to do whatever it can to micromanage everything SpaceX does in order to hinder its operation.

I still expect SpaceX to finish its investigation within weeks, and be ready to fly by the end of July, when the Jared Isaacman manned mission is scheduled. I also now expect the FAA to block that schedule and cause an additional several week delay as it slowly retypes SpaceX’s conclusions.

FAA is apparently starting a new environmental impact assessment for Boca Chica

Damaged but working flap on Starship
Damaged but working flap during June 6, 2024
Starship/Superheavy test flight

Today I received the following email from the FAA:

Dear Interested Party:

The FAA is holding public meetings on the Draft Tiered Environmental Assessment (Draft EA) for SpaceX’s proposal to increase the number of launches and landings of its Starship/Super Heavy vehicle at the Boca Chica Launch Site in Cameron County, Texas. The Draft EA will analyze SpaceX’s proposal to increase its launch and landing cadence as follows:

  • Up to 25 annual Starship/Super Heavy orbital launches
  • Up to 25 annual landings of Starship
  • Up to 25 annual landings of Super Heavy

The Draft EA will also address vehicle upgrades.

There will be three public meetings, one on August 13, 2024 on South Padre Island, one on August 15, 2024 in Port Isabel, and the third a virtual zoom meeting on August 20, 2024. Anyone can register for the zoom meeting. For all the meetings, “The public will have an opportunity to submit written and oral comments during the meetings.” Expect the leftist anti-Musk, anti-SpaceX activists to come out in droves.

What is really significant about this is that SpaceX has applied to expand its operations at Boca Chica beyond the limitations set by the environmental reassessment issued in 2022. The FAA had said in that reassessment it would re-open it if and when SpaceX requested any changes. It has now done so.
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$243.6 million plea deal allows Boeing to avoid a criminal trial

The Justice Department and Boeing have made a plea deal so that the company can avoid a criminal trial for breaking its previous plea deal over 737-Max plane crashes that killed 346 people.

Under the agreement, Boeing will plead guilty to a criminal fraud charge stemming from the fatal crashes in Indonesia in October 2018 and in Ethiopia less than five months later that killed a combined 346 people.

Boeing must also pay the hefty fine [$243.6 million], invest at least $455 million in compliance and safety programs, and have an independent monitor oversee Boeing’s safety and quality procedures for three years

The company had made similar deal in 2021 with Justice when it became clear it had deceived FAA regulators about the software on new 737-Max planes that caused these crashes. This new deal is because the company apparently violated that 2021 deal, and allows it to avoid a criminal trial.

A judge still has to approve this new plea deal. Many families of the deceased oppose it, demanding instead that company managers be put on trial. Even if the judge accepts it, Boeing will still be liable for other more recent incidents.

All in all, Boeing comes off as a morally corrupt and incompetent company that was willing to cut corners, lie about it, thus allow more planes to crash because of its actions.

No wonder everyone wants to blame Boeing for every single incident that has recently occurred on various commercial jets, even though in many cases the blame resides more with the maintenance departments of the airlines that had purchased the planes. And no wonder no one believes the claim that the astronauts that flew up to ISS in June are not “stuck” there. They probably aren’t, but why believe anyone from such a compny.

Las Vegas space-related resort (claiming it will be a spaceport) gets FAA airport license

A project to build a space-related resort near Las Vegas has now obtained an airport license from the FAA.

The Federal Aviation Administration said small aircrafts can take off from the site of the Las Vegas Executive Airport, which is proposed to be built on about 240 acres of rural land about 45 minute drive away from Las Vegas. The plan is to develop the site into a Las Vegas Spaceport, according to a news release.

The FAA approval said it doesn’t oppose an airport at the site, the proposed takeoffs won’t need clearance from air traffic control and won’t operate in FAA-controlled airspace. If the airport wants to change any of its operations, it would need FAA approval.

The project, dubbed the Las Vegas Spaceport, intends to build a hotel and space-related training facilities to attract space geeks, and claims it will eventually add a launchpad, but considering its location, that last claim is very unlikely. The airport license however will allow it to add flight-training to its portfolio.

New update on SpaceX’s preparations for future Starship/Superheavy test launches

Link here. Lots of progress described, all suggesting SpaceX continues to target late July for the next test orbital flight. Very much worth reading.

The article repeatedly suggests the work to prepare the launch tower at Boca Chica to catch a returning Superheavy means the next launch will attempt such a catch, but in truth there is no evidence such a thing is planned, other than a single tweet by Elon Musk. As the article finally admits in its next-to-last paragraph,

Starship can now fly missions that have very similar profiles to Flight 4 with the existing FAA license, but a license modification is needed for any catch attempt. If Flight 5 does indeed proceed with a catch attempt at the tower for Booster 12, additional paperwork will need to be filed for this license modification.

I continue to expect SpaceX to propose such a catch on a later flight. The tower work at Boca Chica could be the company doing the necessary work to prove to the FAA that a amended launch license process should be issued, but not for the next flight.

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