Tag: FAA

Musk: Starship/Superheavy launchpad essentially undamaged after launch

12:37 pm

Superheavy launchpad post launch
Click for original image.

In a tweet posted only a short time ago, Elon Musk announced that the redesigned and rebuilt Boca Chica launchpad experienced little or no damage during the launch of Superheavy/Starship on November 18, 2023.

Just inspected the Starship launch pad and it is in great condition!

No refurbishment needed to the water-cooled steel plate for next launch.

Congrats to @Spacex team & contractors for engineering & building such a robust system so rapidly!

Musk included the picture to the right in the tweet, showing the essentially undamaged launchpad pad. A close looks suggests there was some damage to the rear pillar near the top, but overall it appears the next launch could occur here very quickly.

Musk of course is wrong about who he credits for redesigning and rebuilding this launchpad. The real credit must go to the FAA bureaucrats who led the investigation and must have clearly guided those SpaceX engineers and contractors. To expect private citizens to think for themselves and come up with such difficult engineering without supervision from government paper-pushers in Washington is unreasonable and unfair. Maybe the Biden Justice Department should consider another lawsuit against Musk, this time for spreading more disinformation!

Moreover, who cares that the launchpad deluge system worked exactly as planned? We must allow Fish & Wildlife to spend several months now to investigate this launch — as well as write a long report of many words — to make sure that deluge of water did not harm any of the wildlife that lives on this barrier island, which has a water table of essentially zero and is flooded regularly and repeatedly by storms over time.

Anyone who disagrees is clearly a bigoted racist who wants to harm little children!

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FAA and Fish & Wildlife approve further launches of Starship/Superheav at Boca Chica

12:35 pm

Starship/Superheavy flight plan for first orbital flight
The April Starship/Superheavy flight plan. Click for original image.
The slightly revised flight plan for flight two can be found here.

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

UPDATE: The FAA has now issued the launch licence [pdf]. Note it adds that the FAA and Fish & Wildlife have imposed new requirements (as noted in the announcements below) on SpaceX on this and future launches, all of which will have to be reviewed after each launch.

Original post:
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Both the FAA and the Fish & Wildlife department of the Interior Departiment today released their completed investigations of the environmental impacts created by the first test launch of SpaceX’s Starship/Superheavy rocket in April 2023, and (not surprisingly) concluded that the launch did no harm, and that a second launch can be allowed.

The FAA report can be found here [pdf]. The Fish & Wildlife report can be found here [pdf]. Both essentially come to the same conclusion — though in minute detail — that Fish and Wildlife had determined in April 2023, only a week after that first test launch.

No debris was found on lands belonging to the refuge itself, but the agency said debris was spread out over 385 acres belonging to SpaceX and Boca Chica State Park. A fire covering 3.5 acres also started south of the pad on state park land, but the Fish and Wildlife Service didn’t state what caused the fire or how long it burned.

There was no evidence, though, that the launch and debris it created harmed wildlife. “At this time, no dead birds or wildlife have been found on refuge-owned or managed lands,” the agency said. [emphasis mine]

In other words, the investigation for the past seven months was merely to complete the paperwork, in detail, for these obvious conclusions then.

As part of the FAA action today, it also issued range restrictions for a November 17, 2023 test launch at Boca Chica. Though there is no word yet of the issuance of an actual launch license, it appears one will be issued, and SpaceX is prepared for launch that day, with a 2.5 hourlong launch window, opening at 7 am (Central). SpaceX has already announced that its live stream will begin about 30 minutes before launch, at this link as well as on X.

Hat tip to BtB’s stringer Jay and my reader Jestor Naybor for these links.

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FCC extends SpaceX’s communications license for Starship/Superheavy launch

6:46 pm

The FCC tonight extended SpaceX’s communications license for Starship/Superheavy launch from December 1, 2023 to February 23, 2024.

Though there are a lot of rumors that Fish and Wildlife is about to approve the launch, which will allow the FAA to issue the actual launch license, this extension suggests SpaceX is covering its bets in case the approvals are further delayed, or if they are approved in November weather issues force a delay into December.

I remain pessimistic about a November launch, not because I don’t want it to happen (I do), but because I have no faith in the federal government’s desire to allow it to happen. The bureaucracy has now delayed this launch more than two months (SpaceX was ready to launch in September) and the politics continue to sugges the delays will continue.

Hat tip to BtB’s stringer Jay for the link.

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Japanese billionaire finally concedes his Starship Moon mission won’t happen in 2023

9:14 am

Japanese billionaire Yusaku Maezawa finally admitted publicly today that his manned Moon mission using SpaceX’s Starship/Superheavy rocket won’t happen in 2023 as first announced in 2018.

The most significant part of the announcement? “”We’re not sure when the flight will be,” Maezawa noted on X. Though SpaceX and several news sources claim that federal approval for the next test launch could occur as soon mid-November, Maezawa — as one of SpaceX’s most important customers — might have more detailed non-public information about that approval process.

Even if that second flight get approved and flies in November, it does not mean Maezawa’s manned mission will soon follow. SpaceX will certainly not be ready for manned Starship launches following this test. It will likely require at least a few more unmanned test launches, with each likely delayed months by the same federal bureaucracy that delayed the second test launch by months.

Unless something significant changes in how the federal government is regulating SpaceX at Boca Chica, the first manned flight of Starship is likely years away, no sooner than 2025, but more likely 2026 or 2027.

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Rocket Lab expects to resume Electron launches before end of year

10:26 am

Following September 2023 launch failure of its Electron rocket, Rocket Lab now says it has obtained a launch approval from the FAA, and expects to resume Electron launches before end of year.

In the company’s October 25, 2023 press release, it stated the following:

The FAA, the federal licensing body for U.S. launch vehicles, has now confirmed that Rocket Lab’s launch license remains active, which is the first step to enable launches to resume. Rocket Lab is now finalizing a meticulous review into the anomaly’s root cause, a process that involves working through an extensive fault tree to exhaust all potential causes for the anomaly, as well as completing a comprehensive test campaign to recreate the issue on the ground. The FAA is providing oversight of Rocket Lab’s mishap investigation to ensure Rocket Lab complies with its FAA-approved mishap investigation plan and other regulatory requirements. In addition, the National Transportation Safety Board (NTSB) was granted official observer status to the investigation. The full review is expected to be completed in the coming weeks, with Rocket Lab currently anticipating a return to flight later this quarter with corrective measures in place.

Though the FAA is apparently not trying to slow things down, this release gives us a hint at how the new so-called streamlined regulations established this year are actually making things harder. These regulations force the FAA to get more involved in making sure the company has done all due diligence, something the FAA really isn’t qualified to do. To meet these demands, companies now apparently have to jump through many new hoops to satisfy the new regulations.

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No Starship/Superheavy launch likely until January?

9:13 am

No Starship test launch until 2024
SpaceX is ready but the federal government says “No!”

We’re from the government and we’re here to help! In describing the effort of Senator Ted Cruz (R-Texas) to help SpaceX prod the federal bureaucracy into approving a new launch license for the company’s Starship/Superheavy rocket, space writer Mark Whittington included this significant but not previously mentioned tidbit that might help us predict when Fish & Wildlife (FWS) might finally give its okay for a launch:

The FWS has as long as 135 days to complete its review.

Let’s review the situation to understand what this tidbit means. At present it appears the FAA is ready to issue a launch licence, having closed its own investigation into the April Starship/Superheavy test flight on September 8, 2023.

At the time the FAA however was very clear: No launch license until Fish & Wildlife gave its environmental approval as well. Never before had this environmental agency had veto power over launches, but under the Biden administration it now has it.

Though Fish & Wildlife could have begun its own investigation in April, and met the 135-day deadline to give its approval for a launch the same time as the FAA, in September, it now appears that it did not start its clock ticking until after the FAA closed its work. If so, it appears Fish & Wildlife has until early January to complete its investigation.

Since FWS admitted in April, right after the failed test launch of Starship/Superheavy, that it caused no harm to wildlife, there appears no reason for this long delay.

The delay therefore can only be for two reasons, neither good. Either the people at Fish & Wildlife are utterly incompetent, and need eight months to write up the paperwork (even though in April they already knew that there was no reason to delay), or they are vindictive, power-hungry, and wish to exercise an animus against SpaceX in order to hurt the company.

Mostly likely we are seeing a combination of both: The bureaucrats at Fish & Wildlife are incompetent and hate SpaceX, and are using their newly gained power over issuing launch licenses to hurt it.

Either way, if Fish & Wildlife uses its entire 135-day window to issue its launch approval to SpaceX, no launch can occur this year. SpaceX will be stymied, and the development of this new heavy-lift reuseable rocket, possibly the most important new technology in rocketry ever, will be badly crushed. Not only will NASA’s Artemis program be damaged (it wants Starship as its manned lunar lander), SpaceX might face huge financial loses, as it needs Starship to launch and maintain its Starlink communications constellation.

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Varda signs deal with Australian private spaceport operator to land its capsules

9:13 am

Blocked from landing its American-built space capsules by the American government, the startup Varda has now completed negotiations and signed an agreement with Southern Launch, an Australian private spaceport operator, to land its capsules at the Koonibba Test Range northwest of Adelaide.

Varda’s business plan is to launch unmanned capsules in which pharmeceuticals and other products that can’t be made on Earth are manufactured, then return the capsule to earth where they are sold for a profit. This deal will allow Varda to land its next capsule there in 2024.

Meanwhile, Varda first capsule, presently in orbit after manufacturing pharmeceuticals for HIV, appears to be a total loss because the FAA and the Pentagon refused it permission to land in the U.S., for what appear to be purely bureaucratic reasons.

There was no single specific issue that held up the reentry, he said. “It was ultimately a coordination problem amongst three different groups that had not worked through this operation before.” He added that there were no safety concerns with Varda’s spacecraft or its ability to meet requirements for an FAA license. An additional challenge is that Varda is the first company to seek an FAA reentry license through a new set of regulations called Part 450. Those regulations are intended to streamline the process but, on the launch side, have been criticized by companies for being difficult.

The U.S. government is now the enemy of its citizens, so incompetent that it actually works to block them from achieving their goals.

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Blocked by its own American government, Varda now looks to Australia

9:18 am

Because the U.S. military as well as the FAA refused to issue Varda a license to land its recoverable capsule from orbit — carrying actual HIV pharmaceuticals that can only be manufactured in space — the company is now negotiating with a private range in Australia for landing rights.

The agreement between Varda and Southern Launch, a company based in Adelaide, Australia, would allow Varda’s second mission, scheduled to launch in mid-2024, to reenter and land at the remote Koonibba Test Range. “We plan, with the Koonibba Test Range, to conduct a reentry operation as soon as our second orbital mission, which the launch and reentry would be in mid-2024,” [Delian Asparouhov, the company’s chairman, president, and co-founder,] told Ars.[emphasis mine]

In other words, Varda’s first launched capsule, in space now but unable to land, has become a total loss, simply because the U.S. government blocked its return. The HIV drugs it produced while in orbit will never become available for sale. Nor will Varda be able to use it to demonstrate the returnable capability of its orbiting capsule.

Such a loss could easily destroy a startup like Varda, which is certainly not yet in the black as it develops its technology.

What is most disgusting about this blocking is that at the same time the military and the FAA refused Varda permission to land, those agencies had no problem letting NASA drop its OSIRIS-REx sample capsule in the same landing range in Utah.

Right now our federal government has become the enemy of the American people, doing whatever it can to stymie them, whether by intention or by incompetence.

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At Senate hearings numerous launch companies complain of regulatory bottleneck

8:18 am

At a hearing in the Senate yesterday officials from SpaceX, Blue Origin, and Virgin Galactic all expressed strong concerns about how the regulatory bottleneck at the FAA is damaging the entire launch business.

Gerstenmaier emphasized that the FAA’s commercial space office “needs at least twice the resources that they have today” for licensing rocket launches. While he acknowledged the FAA is “critical to enabling safe space transportation,” Gerstenmaier added that the industry is “at a breaking point.”

“The FAA has neither the resources nor the flexibility to implement its regulatory obligations,” Gerstenmaier said.

…The other four panelists’ testimonies largely echoed SpaceX’s viewpoint on the need to bolster the FAA’s ranks and speed up the process of approving rocket launches. Phil Joyce, Blue Origin senior vice president of New Shepard, said the FAA “is struggling to keep pace” with the industry “and needs more funding to deal with the increase in launches.”

Likewise, industry expert Caryn Schenewerk, a former leader at SpaceX and Relativity Space, said that the FAA’s recent changes have yet to “streamline licensing reviews” and instead have “proven more cumbersome and costly.”

Wayne Monteith — a retired Air Force brigadier general who also led the FAA’s space office — said that Congress should consider consolidating space regulations. “I believe a more efficient one stop shop approach to authorizing and licensing space activities is necessary,” Monteith said.

As always, the focus is on giving the government agency “more resources”. No one ever suggests that maybe its inability to meet the demand is because of mission creep, in which the government continually grabs more regulatory power than it is supposed to have, which then requires it to have additional resources, which then allows it to grab even more power, which then requires more resources, and on and on the merry-go-round goes.

To really solve this problem we need to trim the regulatory framework. The FAA’s responsibilities must be cut, not enhanced. It must be told it “will issue” launch licenses, rather than take the position it “might issue” them. It also must be told to cut back on the checklists it is demanding from companies. All that should concern it is scheduling and arranging air traffic and the launch range to prevent conflicts. Beyond that any regulation is simply overreach, and is something that was never under its control in the past.

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Update on Starship/Superheavy: Lots of work, no sign of FAA launch approval

9:20 am

Link here. The article provides a thorough review of the work SpaceX engineers have been doing in the past six weeks since the company announced on September 5th that it was ready to do a second test orbital launch of Starship (prototype #25) and Superheavy (prototype #9), but has been stymied by the refusal of the federal bureaucracy to grant a launch license.

For example, while waiting the company has done some tank tests with Starship prototype #26, which is not expected to fly but is being used for testing. The article outlines a lot of other details, but this is the key quote:

While Ship 26 started its engine testing campaign, SpaceX looks to be gearing up for a Wet Dress Rehearsal (WDR) for Booster 9 and Ship 25. Related notices have been posted for the coming week, marking the imminent return to a full stack for the next Starship to launch as soon as November, pending regulatory approval. [emphasis mine]

This source, NASASpaceflight.com, now admits that the FAA and Fish & Wildlife will not issue a launch license until November. Previous reports from it have tried to lay the blame for the delays on SpaceX. It now can no longer make that claim.

In April, after noting at great length the lack of harm done to wildlife by the first test launch (as admitted by Fish & Wildlife itself, the agency that is presently delaying things), I predicted the following:

[I]t appears that both the FAA and Fish and Wildlife are now teaming up to block any future launches at Boca Chica until SpaceX guarantees that the rocket and its launchpad will work perfectly. But since SpaceX must conduct launches to determine how to build and further refine the design of that rocket and launchpad, it can’t make that guarantee if it is banned from making launches.

We must therefore conclude that these federal agencies are more interested in exerting their power than doing their real job. They are therefore conspiring to shut Starship and Superheavy development entirely, or at a minimum, they are allowing their partisan hatred of Elon Musk and capitalism itself to delay this work as much as possible. As Lord Acton said in 1887, “Power corrupts, and absolute power corrupts absolutely.”

At that time I thought it very possible no further launches from Boca Chica would ever be approved. In May I refined that prediction, stating that come August the “…launch license will still not be approved, and we will still have no clear idea of when that approval will come. Nor should we be surprised if approval does not come before the end of this year.”

At the time that prediction was poo-pooed, with claims that I did not understand the regulatory process and that the government certainly did not want to stand in the way. It now appears my prediction was right on the money, and worse, my first prediction might be closer to the truth, that while the federal government doesn’t want to come right out and say, “No more launches from Boca Chica!”, it is imposing so many delays and requirements there that it makes the location impractical for SpaceX to use it as a launch test site.

The company desperately needs to get its second Starship/Superheavy launch site at Cape Canaveral operational. Otherwise it is unlikely it will ever be able to complete the development of this rocket.

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FAA issues new revised regulations for private commercial manned space

9:48 am

The FAA on September 28, 2023 issued new revised safety regulations for the emerging private commercial manned space industry, updating the regulations first put forth in 2014.

The recommendations, which are the first since 2014, cover the gamut across design, manufacturing, and operations, and are based on lessons learned during the NASA Commercial Crew program, as well as recent commercial space fights, the FAA said Friday. “AST [the FAA office that handles commercial space] is issuing Version 2 of this document because significant progress has been made in the commercial human space flight industry since 2014, the year Version 1 was issued.”

These new recommendations were worked out by a committee that included many of the private companies that now fly space passengers, such as SpaceX, Virgin Galactic, Blue Origin, and Boeing. Thus, the changes likely make some sense.

At the same time, it seems the effort to regulate has accelerated since Joe Biden became president. Under Trump there was a concerted effort to limit the impact of new regulations on this new space industry. Under Biden, it appears new regulations arrive almost weekly, and as a result there appears to be a significant slow down in development by new space companies.

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Stopgap budget bill includes three-month extension of regulatory “learning-period”

9:00 am

The stopgap 45-day continuing resolution passed by Congress on September 30, 2023 also included a three-month extension of regulatory “learning-period” first established in 2004 and extended several times since then.

Among the provisions in that FAA reauthorization was a three-month extension of the existing restrictions on the FAA’s ability to regulate safety for commercial spaceflight participants. That restriction, often called a “learning period” by the industry, was set to expire Oct. 1 but now runs until Jan. 1.

It must be noted that this so-called limitation on FAA regulation of commercial spaceflight really does not exist any longer, no matter what law Congress passes. The administrative state really runs the show now, and both the FAA and Fish & Wildlife have decided heavy regulations are required, and are imposing such controls over SpaceX’s Superheavy/Starshp test program, while the FAA by itself is imposing strict regulation on Blue Origin’s New Shepard suborbital spacecraft. The result is a slowdown in launches for both, extending months to a year.

It also appears that this heavy regulation is squelching launches of new rockets. Last year four new rocket startups attempted new launches (Astra, ABL, Firefly, Relativity), some making multiple attempts. This year, such test flights have essentially ceased, with only Firefly completing one launch for the military. Worse, two of those companies (Astra and Relativity) have abandoned their rockets entirely, claiming they are building new bigger versions, but one must now wonder.

The long term historical significance of these facts extends far beyond the space industry. Increasingly the unelected bureaucracy in Washington is taking on powers it is not supposed to have, while Congress (which is delegated those powers) increasingly is irrelevant. The shift in power signals a major reshaping of American governance, in a direction that is not good for freedom or the fundamental concepts that established the country and made it a success.

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More than a year after the New Shepard accident, the FAA finally closes its investigation

9:58 am

It appears that Elon Musk and SpaceX is not the only space company being stymied by the new heavy-handed regulation coming from the federal bureaucracy since Joe Biden took power. In a statement issued yesterday, the FAA announced that is had finally closed its own investigation into the New Shepard accident that occurred on September 12, 2022, more than a year after it occurred. More significantly, the FAA also said that despite completing its investigation, it is still denying Blue Origin a launch license to resume suborbital flights.

The FAA required Blue Origin implement 21 corrective actions to prevent mishap reoccurrence, including redesign of engine and nozzle components to improve structural performance during operation as well as organizational changes. … The closure of the mishap investigation does not signal an immediate resumption of New Shepard launches. Blue Origin must implement all corrective actions that impact public safety and receive a license modification from the FAA that addresses all safety and other applicable regulatory requirements prior to the next New Shepard launch.

It once again must be stated that there is no one at the FAA truly qualified to make such recommendations. These are paper-pushers, even if they have some engineering background. The FAA must rely on Blue Origin’s own engineers to determine these issues, as well figure out what must be done to fix them.

While Blue Origin’s own corporate culture — terribly slow at accomplishing anything — is certainly at major factor in these delays, it appears the FAA has not been helping. Blue Origin had announced the completion of its own investigation in March, six months ago, with the same conclusions as the FAA investigation completed now. Why did it take the FAA six more months to close its own investigation?

Moreover, the FAA’s statement makes it clear that Blue Origin has not yet satisfied the government’s demands, even though the investigation is closed. For Blue Origin to have still not implemented the corrections is to be expected, considering its slow methods of operation, but this statement — similar to the statement issued in connection with closing its investigation of the SpaceX’s Superheavy/Starship test flight — suggests a new and unprecedented policy at the FAA, treating all space-related incidents as if the rockets and spacecraft are no different than airplanes. First it will take its time issuing its own investigation, then it will take its time approving the corrections any company implements, just to make sure all the “i”s are dotted and the “t”‘s are crossed.

It is also possible that the FAA has been ordered to implement this new heavy-handed policy by higher ups in the White House on all companies, in order to hide the political motivations that have been targeting SpaceX and Elon Musk.

Regardless, this new strict regulation likely means we should expect a serious slowdown in the rebirth of commercial space. The renaissance of achievement by private enterprise in the past decade in space could be ending.

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FAA and FCC now competing for the honor of regulating commercial space more

9:44 am

Two stories today illustrate again the growing appetite of federal alphabet agencies to grab more power, even if that power is not included in their statutory authority.

First, the Federal Aviation Administration (FAA) proposed new rules governing the de-orbiting of the upper stages of rockets by commercial launch companies.

The FAA is proposing a new rule requiring commercial space companies to dispose of their rocket upper stages to limit the creation of more space debris. Five disposal methods are allowed: a controlled or uncontrolled deorbit within certain time limits, putting the stage into a less congested orbit or sending it into an Earth-escape orbit, or retrieving it. A 90-day public comment period will begin once the proposed rule is published in the Federal Register.

Though this “appears to implement the updated U.S. Orbital Debris Mitigation Standard Practices issued in 2019,” it upgrades it from a “practice” that the government requests companies to follow to a “rule” they must follow. It also expands the power of the FAA to regulate commercial rocket companies, setting a new precedent of control that I guarantee with time will expand further.

Not to be outdone in this power grab, the Federal Communications Commission (FCC) added its own new satellite rules to the satellite licenses of two constellations run by the companies Iceye and Planet. The rules however have nothing to do with regulating the use of the electromagnetic spectrum, which is the FCC’s sole purpose according to the law that created it:
» Read more

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Federal government continues to block the return of Varda’s commercial capsule, carrying drugs to treat HIV

9:47 am

Even as the FAA continues to block Varda from returning its capsule back to Earth, the Air Force has now joined in to block its landing at its Utah Test and Training Range, the same location NASA will use on September 24 to drop the return capsule from OSIRIS-REx, carrying material from an asteroid.

Varda originally planned to bring back a capsule containing crystals of ritonavir, a drug used to treat HIV, in mid-July. After announcing that had been delayed [due to the FAA’s refusal to issue a landing license in July], the company was looking at September 5 and 7, a source told TechCrunch. This information was confirmed by USAF.

The company declined to comment, but posted on X that the “spacecraft is healthy across all systems” and that they are continuing to collaborate with regulators to bring the capsule back to Earth. They added that the spacecraft can survive for up to a year on-orbit.

“Sept. 5 and 7 were their primary targets,” a spokesperson for the USAF said in an emailed statement. “The request to use the Utah Test and Training Range for the landing location was not granted at this time due to the overall safety, risk and impact analysis. In a separate process, the FAA has not granted a reentry license. All organizations continue working to explore recovery options.”

The spokesperson further said that Varda “is working on presenting alternate plans,” but would not elaborate further whether that meant seeking an alternate landing site. A spokesperson for the FAA told TechCrunch that Varda’s application was denied on September 6 because the company “did not demonstrate compliance with the regulatory requirements.”

“On September 8, Varda formally requested that the FAA reconsider its decision. The request for reconsideration is pending,” the spokesperson said.

The actions of these agencies is unconscionable and a outright abuse of power. There is no rational reason for the FAA to continue to deny Varda the right to bring its capsule back to Earth. Its claims of environmental impact are bogus, especially since capsules and spacecraft have been returning to Earth like this for more than three-quarters of a century. Nor is there any reason for the Air Force to have blocked the return now. Its claim of issues of “safety, risk, and impact” is utter garbage, especially since it is allowing a NASA capsule to land in this exact same facility in only days, and that capsule is carrying material from an asteroid.

One might question why Varda apparently flew its capsule prior to getting these landing approvals, but it did exactly the right thing, for two reasons. First, if it waited for approvals before flying, it would have no leverage on these power-hungry federal agencies and it likely would still be on the ground, going bankrupt (think of Virgin Orbit in the United Kingdom). This by the way is the same tactic used by SpaceX. You don’t wait on them, you put them under the gun by moving forward as fast as possible.

Second, this situation helps highlight the power grab by these agencies. While the FAA has some concerns relating to conflicts with airplane traffic, that should simply be a matter of coordination and involve no great delay. Similarly, landing on an Air Force base is merely scheduling. Since when did government agencies have the power to block a landing beyond those points? They don’t, not legally, morally, or practically.

Though I am sure most workers at the FAA and Air Force are likely trying to do their best to help
Varda, the structure of such regulatory agencies always encourages the power-hungry to grab power. The result has been endless mission creep, to the point where today no space activity can happen without some government agency sticking its nose in to demand control.

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FAA confirms: No Starship/Superheavy launch license until Interior approves

4:00 pm

The Kafkaesque Interior Department strikcs again!
The Kafkaesque Interior Department
strikcs again!

They’re coming for you next: In an email today, the FAA confirmed what I had reported yesterday, that though it hopes to issue a launch license for the next orbital test flight of SpaceX’s Starship/Superheavy rocket by the end of October, no license will be issued until Fish & Wildlife in the Interior Department agrees.

Before it is authorized to conduct a second Starship/Super Heavy launch, SpaceX must obtain a modified license from the FAA that addresses all safety, environmental, and other regulatory requirements. As part of that license application determination process, the FAA will review new environmental information, including changes related to the launch pad, as well as other proposed vehicle and flight modifications.

The FAA will complete a Written Reevaluation (WR) to the 2022 Programmatic Environmental Assessment (PEA) evaluating the new environmental information, including Endangered Species Act consultation with the U.S. Fish and Wildlife Service. If the FAA determines through the WR process that the contents of the PEA do not remain valid in light of the changes proposed for Flight 2, additional environmental review will be required. Accordingly, the FAA has not authorized SpaceX’s proposed Flight 2. [emphasis mine]

Tragically, my April prediction is coming true. This launch is almost certainly not going to occur before November, and will almost certainly be delayed until next year.

Note again that until the Biden administration, SpaceX was not required to get a detailed environmental reassessement after every Boca Chica test launch. Fish & Wildlife was not involved, as it shouldn’t be. SpaceX made its engineering investigation, the FAA reviewed it quickly, and the company launched again, at a pace of almost one test launch a month, with almost every launch resulting in a crash landing or an explosion.

Under the Biden administration the rules suddenly changed. Now, all launches are environmental concerns, even though we have empirical data for more than seventy years at Cape Canaveral that rocket launches not only do no harm to wildlife, they allow it to thrive because the spaceport creates large zones where nothing can be developed.

In other words, the Biden administration is playing a raw and cruel political game, designed to kill Starship/Superheavy. And it is succeeding, because it will be impossible to develop this rocket on time for its investors and NASA at a pace of only one test launch per year.

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Starship/Superheavy 2nd test launch likely delayed until next year by federal bureaucracy and White House

9:52 am

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

They’re coming for you next: While answering questions from reporters at a conference yesterday on when SpaceX might get its next Starship/Superheavy launch license, FAA acting chief Polly Trottenberg said she hoped that license will be awarded by October, but then slipped in one minor additional detail that had not previously mentioned or required:

SpaceX would still need a separate environmental approval from the U.S. Fish and Wildlife Service before a launch. Trottenberg did not say how long that might take.

Not surprisingly, the story from Reuters buries this detail, spinning the story to make it seem that the FAA is eager to help SpaceX launch. Similarly, this NasaSpaceFlight.com story (a space news outlet which has also tried to spin things to make the delays appear the fault of SpaceX) fails to even mention this detail.

SpaceX is now destacking Starship from Superheavy (live stream here).

I predicted in the spring that intransigence from the federal bureaucracy, controlled by the Biden administration, would likely delay this launch well past August, and likely into next year. I also said I would be thrilled if my cynical prediction turned out to be wrong.

Sadly, it looks like that prediction will be correct, and in fact might have actually been conservative. » Read more

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Good news? FAA issues own report on April Starship/Superheavy launch

11:30 am

The FAA today closed out its own investigation into the April test launch failure of SpaceX’s Starship/Superheavy rocket, stating that it found “63 corrective actions SpaceX must take” before another launch license will be issued.

Corrective actions include redesigns of vehicle hardware to prevent leaks and fires, redesign of the launch pad to increase its robustness, incorporation of additional reviews in the design process, additional analysis and testing of safety critical systems and components including the Autonomous Flight Safety System, and the application of additional change control practices.

It is not clear how many of these corrections have already been completed by SpaceX. The FAA made it clear however that it does not yet consider its requirements to have been met.

The closure of the mishap investigation does not signal an immediate resumption of Starship launches at Boca Chica. SpaceX must implement all corrective actions that impact public safety and apply for and receive a license modification from the FAA that addresses all safety, environmental and other applicable regulatory requirements prior to the next Starship launch.

The timeline suggests FAA is demanding additional actions from SpaceX. The company submitted its own investigation report to the FAA on August 16th. The FAA then spent almost a month reviewing it, during which it almost certainly decided some of SpaceX’s corrections were insufficient. It has now followed up with its own report, listing additional actions required.

Remember, no one at the FAA is qualified or even in a position to do a real investigation. They are simply acting as a chess kibitzer on the sidelines, making annoying commentary based on less information than held by the players of the game (in this case SpaceX). Unlike a chess kibitzer, however, the FAA controls the board, and can force SpaceX to do its recommended moves, or declare the game forfeited by SpaceX.

If the FAA has required additional actions, we will find out in the next few days when SpaceX destacks Starship/Superheavy and rolls both back into the assembly building. It is also possible we instead shall have a few weeks of back-and-forth negotiations by phone, zoom, paper, and face-to-face meetings, whereby SpaceX engineers will be desperately trying to make FAA paper-pushers understand some of their engineering work which will eventually result in an agreement by the FAA to let SpaceX launch.

Remember, none of this kind of regulatory interference and investigation took place between SpaceX and the FAA during the Trump administration when SpaceX was flying a Starship suborbital test flight almost monthly. The heavy boot of regulation arrived soon after Biden. The two are closely linked.

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Starship and Superheavy: Ready for launch but still blocked by the White House

11:02 am

Starship stacked on Superheavy, September 5, 2023

Elon Musk yesterday tweeted a short video showing Starship prototype #25 as it was stacked on top of Superheavy prototype #9, stating that both were now ready for their orbital test launch, the second attempt by SpaceX to launch this new rocket.

The image to the right is a screen capture from that movie, showing the full rocket ready to go. When it will go however remains a complete unknown, as Musk himself noted in the tweet: “Starship is ready to launch, awaiting FAA license approval.”

In May I predicted that though Musk predicted at that time that SpaceX would be ready to do this launch in August, it would not happen then or likely for months afterward, because the FAA under the Biden administration is slow-walking all launch approvals for SpaceX, as I showed in detail in a later June essay.

It is now September. SpaceX didn’t meet Musk’s original August ready date for launch, but it only missed that target by about five days. And as I predicted, the FAA has also not yet approved the launch license.
» Read more

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SpaceX completes successful 6-second static fire test of Superheavy

11:28 am

screen capture during static fire test
Screen capture during static fire test

SpaceX today successfully completed a full 5-second static fire test of all 33 Superheavy Raptor-2 engines as well as the deluge system of the launchpad at Boca Chica.

The link goes to the live stream, which is still on-going. The static fire test occurs at about 42 minutes, if you wish to see it.

According to the narrators of the live stream, Elon Musk tweeted that the static fire was a success. It certainly appeared to go for the full five seconds, and it certainly appeared more robust than the previous test. We will have to wait however for confirmation that all 33 engines fired as planned.

The company clearly appears just about ready to do an orbital test flight. Too bad the Biden administration still stands in the way. There is yet no word on when the FAA will approve a launch license, and the decision of the Justice Department yesterday to file a bogus discrimination lawsuit against SpaceX strongly suggests the White House is working hard to figure out ways to squelch this private effort by an American citizen and his company.

Hat tip to Jay, BtB’s stringer.

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SpaceX report on first Starship/Superheavy launch failure submitted to FAA

9:34 am

Though we don’t know exactly when this was done, SpaceX has submitted to the FAA its final report on its investigation into the launch failure during the first Starship/Superheavy test launch in April, and now awaits the FAA’s response.

Now comes the FAA’s review of SpaceX’s investigation, fulfilling the agency’s role as the regulator charged with ensuring public safety during commercial launch operations. “When a final mishap report is approved, it will identify the corrective actions SpaceX must make,” an FAA spokesperson told Ars. “Separately, SpaceX must modify its license to incorporate those actions before receiving authorization to launch again.

Do not expect that response to be fast, or accepting. I predict the FAA will demand a lot more investigation and changes from SpaceX, actions that will take time to implement and be approved. Furthermore, I fully expect the FAA to take at least two months to review the SpaceX report before it issues those demands. As I have been predicting since May, there will be no Superheavy/Starship launch this year.

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SpaceX conducts static fire test of Superheavy and its launchpad systems

10:32 am

SpaceX yesterday conducted a static fire test of Superheavy and its launchpad systems at Boca Chica.

After a couple of hours of chilling the fuel lines, filling of the liquid oxygen and liquid methane tanks aboard Booster 9 began at T-Minus 67 minutes. The liquid oxygen tank was fully filled with the liquid methane only partially filled with what was required for the test.

After a smooth countdown, Booster 9 lit all 33 Raptor engines, however, 4 shut down early during the 2.74-second duration test. The test was intended to last 5 seconds.

The new water deluge system seemed to work as intended, albeit with a very short firing of the engines. Instead of a giant dust cloud that is usually formed after a static fire test, this test created a steam cloud that dissipated fairly quickly following the test.

The premature shutdown and the even earlier shut down of four engines suggests SpaceX still has kinks it needs to work out. No surprise. It will now probably switch out those four engines, analyze the test, and do it again. It will do so partly because it needs to before the orbital test flight, and partly because it can’t do that test flight because the FAA has still not issued a launch license.

I have embedded the video of that test below the fold.
» Read more

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Update on the technical progress at Boca Chica, preparing for the next Starship/Superheavy orbital test

9:59 am

Link here. Lots of progress had been made in getting the pad and the rocket ready for that next orbital test flight, with the first static fires tests of Superheavy using the launchpad’s new water deluge system are now expected in the coming week.

The company is also preparing additional prototypes of Superheavy and Starship for later orbital tests. even as it upgrades the assembly facilities, replacing temporary tents with actual buildings. More details, including videos, at the link.

Meanwhile, the only word from the FAA about SpaceX’s application for a launch permit has been a warning that it will not issue that permit until it is good and ready, suggesting the company should not expect to launch in August, as I have been predicting for months.

12 comments

Unless Congress acts soon, the unelected administrative state will rule unopposed

1:53 pm

A dying document
A dying document

While much of the conservative press has been focusing on the illegal abuse of power by security agencies like the FBI, the CIA, and the Department of Justice, in the past week a whole slew of stories having nothing to do with election politics or Donald Trump have even more starkly illustrated the growing power of the many alphabet agencies of the federal government’s executive branch, power that is cancelling the real constitutional power of Congress — even as Congress looks on impotently.

Unlike abusive and illegal indictments of Trump, or evidence that the Justice Department and FBI are acting to protect Joe Biden and his son Hunter, however, these others stories have generally gone unnoticed, except by your intrepid reporter here at Behind the Black.

First, on July 26th we had the Space Force proposing new regulations that would allow it to literally take control over all private space assets in any declared international emergency, without any need to compensate the owners.

The Space Force’s draft framework for how commercial satellite services could be called up in times of crisis or conflict to support military missions would allow the Defense Department to deny participating companies the right to sell their wares to any other client in times of “war, major conflict, national or international emergency.” [emphasis mine]

What is the point of owning anything if the U.S. military has the power to simply steal it from you, without paying you for it, anytime any president or Congress on a whim decides to declare an international emergency? Such declarations were once rare, but now they happen routinely, with dire consequences for private citizens, as we all learned during the COVID panic.

On that same day we also learned that the FAA has refused to allow the private company Varda from bringing back to Earth a capsule it had launched to space several months ago, with the express intent to manufacture needed pharmaceuticals in weightlessness that can’t be made on Earth.
» Read more

15 comments

FAA: No Starship/Superheavy launch until we say so!

9:30 am

We’re here to help you! The FAA yesterday stated in no uncertain terms that there will be no additional orbital test launches of SpaceX’s Starship/Superheavy until it has decided the launch will be safe.

The FAA, which is overseeing an investigation into the April 20 launch, said Wednesday it was still awaiting the report it needs to identify corrective actions SpaceX must take to get the OK to launch again from Boca Chica.

An FAA spokesperson declined to speculate when the agency’s investigation might be completed, saying that “public safety and actions yet to be taken by SpaceX will dictate the timeline.”

“The FAA will not allow a return to flight operations until it determines that any system, process, or procedure related to the mishap does not affect public safety or any other aspect of the operator’s license,” the spokesperson said. “The mishap investigation is ongoing.”

The implication that the FAA is awaiting completion of SpaceX’s own investigation sounds like an attempt to shift the blame for the delay from the government to SpaceX, even though the company has made it very evident in words and deeds that it is moving quickly and will be ready to launch in August.

This threat of a delay is hardly a surprise. I predicted in late April that the federal bureaucracy is targeting SpaceX, and by late May predicted the the FAA would block this August launch attempt.

It is also important to underline the fact that there is absolutely no one at the FAA capable of or knowledgeable enough to competently assess the safety of the next launch. The only people who can really do that are the engineers at SpaceX. All the FAA can do is reject SpaceX’s investigation — for political reasons — and demand SpaceX take additional actions, based merely on random guesses as to what needs to be done. And it can keep doing this repeatedly.

This launch is likely to be delayed many months. You heard it here first.

8 comments

Varda blocked from bringing its capsule back to Earth by FAA

9:49 am

Varda has been forced to delay the first return of its capsule from space, loaded with a drug designed to treat HIV/AIDS that can only be manufactured in weightlessness, because the FAA has so far refused to issue “a re-entry license,” a new regulatory power grab the FAA instituted two years ago supposedly to “streamline the launch and reentry licensing process.”

This new language, which I was unaware of and know of no Congressional act approving it, has done exactly the opposite.

A key issue, he said, is that Varda is the first to seek a reentry license under new FAA regulations known as Part 450. Those regulations were enacted by the FAA more than two years ago to streamline the launch and reentry licensing process.

…For the commercial launch industry, the Part 450 regulations have become an area of concern. Only a handful of Part 450 launch licenses have been issued to date as the FAA begins a transition to the new regulations, but those licenses have taken longer to complete than expected, in some cases missing a 180-day statutory deadline. Industry officials raised the issue at a July 13 hearing of the House Science Committee and at a July 11 meeting of an FAA advisory group, the Commercial Space Transportation Advisory Committee. [emphasis mine]

The highlighted language says it all. It also suggests these new regulations, apparently written by the FAA and not Congress, might be contributing to the delays being experienced by SpaceX in its attempt to do test launches of its Starship/Superheavy rocket.

Varda is presently hoping to return the capsule in mid-August. It had begun this re-entry licensing process in early 2021 — more than two years ago — and still does not have that approval. Its business plan is to make money by manufacturing things in weightlessness that can’t be made on Earth — such as this HIV drug — and returning those items to Earth for sale.

Such a plan can’t work if the federal administrative state stands in the way.

6 comments

Update on preparations at Boca Chica for next Starship/Superheavy test launch

9:03 am

Link here. The article provides an excellent review of the extensive work SpaceX is doing, especially in repairing and upgrading the Superheavy launch facility.

Overall, SpaceX is moving fast, suggesting that Elon Musk’s prediction that it will be ready technically to launch in August quite believable. I remain doubtful that launch will happen in August, however, as I fully expect the FAA and the Biden administration will not issue a launch license on time, but will delay it.

8 comments

SpaceX completes six-engine static fire test of Starship prototype #25

9:43 am

SpaceX yesterday successfully completed a six-engine static fire test of Starship prototype #25, the prototype that will be stacked on top of Superheavy prototype #9 and flown on the next orbital test flight.

Musk said in an interview on Saturday that more than a thousand upgrades were planned before the next flight of the Starship/Super Heavy. Including a significant change to the stage separation system that will see the Starship ignite its engines while still attached to the Super Heavy. Improvements are also being made to the Raptor engines to prevent leaks of super-heated gas which resulted in multiple engine failures during the April launch.

Major repair work and modifications are also underway to the Starship launch pad, after extensive damage occurred during the April 20 test flight.

Musk has also said the company will be ready to launch by August. While it is certainly possible that engineering will cause a slight delay to that schedule, more likely SpaceX will be ready, and then have to sit and wait for the FAA and the Biden administration to issue a launch permit. I am predicting it will not be issued by then, and likely not for months afterward.

4 comments

FAA finally reduces airspace restrictions for some launches out of Cape Canaveral

9:46 am

On June 15, 2023 FAA announced that it has at last reduced the airspace restrictions for some launches out of Cape Canaveral, thus allowing more launches while reducing the disruption to commercial airline traffic.

The move is part of broader efforts to address the conflicts between launches and commercial aviation, particularly in Florida’s congested airspace. In April, the FAA released a set of factors when considering whether to allow a launch to proceed or ask the launch company to identify alternative windows for the launch.

Among those factors are the timing of the launch, particularly relative to holidays or other special events that cause increases in air traffic, and the duration of the launch window. “The FAA encourages commercial space operations to take place during nighttime hours (to the extent practicable) when other flight operations tend to be reduced,” the guidelines state.

I say “at last” because SpaceX have been pushing for this reduction for years. It knows its rockets will fly very reliably, and even if a rare failure forces their destruction, the territory threatened is much smaller than what was once considered necessary in the past. It just took years to get the federal bureaucracy to recognize these facts.

3 comments

New House bill proposes giving FAA responsibility for monitoring space junk

10:10 am

A just proposed House bill for reauthorizing the Federal Aviation Administration (FAA) also proposes giving that agency the responsibility for monitoring space junk.

The bill instructs the FAA to establish a program to track objects “that are potential sources of covered airborne debris” with a focus on identifying those about to reenter and could pose a risk to aircraft in airspace. That program would coordinate with the FAA’s air traffic control system to identify airspace that needs to be closed for a reentry. It would allow the FAA to establish its own space situational awareness (SSA) facilities and work with other federal agencies, companies or international organizations for data on such objects.

While the focus of the bill is tracking debris to assess airspace risks, the bill does enable additional uses of the data the FAA collects. In particular, it directs the FAA to offer “a basic level of data, information, and services” at no charge. That includes maintaining a public catalog of space objects and “emergency conjunction notifications” of such objects.

The article at the link notes that this new FAA job would also duplicate work of the Space Force, as well as a new Commerce Department office tasked with similar responsibilities. It also duplicates the same responsibilities the FCC has created for itself, outside of its statutory authority.

In other words, there is a factional turf war going on within the swamp, with each faction attempting to establish its territory and control over this work.

The result? Expect Congress to allow this duplication to go forward, funding all three efforts. As we all know, money grows on trees, and hiring as many Washington bureaucrats is the most important thing Congress can do, even if those bureaucrats don’t do anything useful.

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