Head of FAA resigns

You could leave now for all I care: Mike Whitaker, who has been director of the Federal Aviation Administration (FAA) under the Biden administration and who has apparently been the main source of that agency’s increased red tape that has almost destroyed the new rocket industry that had been emerging during the first Trump administration, announced today that he is stepping down next month.

Mike Whitaker announced his pending resignation in a message to employees of the FAA, which regulates airlines and aircraft manufacturers and manages the nation’s airspace. He became the agency’s administrator in October 2023.

Since then, the challenges confronting Whitaker have included a surge in close calls between planes, a need for stricter oversight of Boeing. antiquated equipment and a shortage of air traffic controllers at a time of high consumer demand for air travel.

The article at the link is from PBS, so of course it makes this federal bureaucrat appear a hero. Instead, he was a disaster for America’s space industry, forcing unnecessary delays in SpaceX’s Starship/Superheavy program, imposing new regulations that claimed to streamline the launch licensing process but did exactly the opposite, and generally forcing FAA regulators to take a fearful attitude to any new technology, so much so that it became almost impossible for that new technology to launch.

As for the aviation industry, Whitaker’s term did little to change things. For example, he did nothing to shut down the DEI programs at major airline and airplane companies that were causing the hiring of unqualified people.

All I can say is good riddance.

The evidence strongly suggests FAA top management is working to sabotage SpaceX

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

After SpaceX’s incredibly successful fifth test flight of Starship/Superheavy on October 13, 2024, I began to wonder about the complex bureaucratic history leading up to that flight. I was most puzzled by the repeated claims by FAA officials that it would issue no launch license before late November, yet ended up approving a license in mid-October in direct conflict with these claims. In that context I was also puzzled by the FAA’s own written approval of that launch, which in toto seemed to be a complete vindication of all of SpaceX’s actions while indirectly appearing to be a condemnation of the agency’s own upper management.

What caused the change at the FAA? Why was it claiming no approval until late November when it was clear by early October that SpaceX was preparing for a mid-October launch? And why claim late November when the FAA’s own bureaucracy has now made it clear in approving the launch that a mid-October date was always possible, and nothing SpaceX did prevented that.

I admit my biases: My immediate speculation is always to assume bad behavior by government officials. But was that speculation correct? Could it also be that SpaceX had not done its due diligence properly, causing the delays, as claimed by the FAA?

While doing my first review of the FAA’s written reevaluation [pdf] that approved the October 13th launch, I realized that a much closer review of the history and timeline of events might clarify these questions.

So, below is that timeline, as best as I can put together from the public record. The lesser known acronyms stand for the following:

TCEQ: Texas Commission on Environmental Quality
NMFS: National Marine Fisheries Service (part of NOAA)
FWS: Fish & Wildlife Service (part of the Department of Interior)

My inserted comments periodically tell the story and provide some context.
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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.