Tag: regulation

FAA announces it has rubber-stamped SpaceX’s investigation of the November Starship/Superheavy test launch

The FAA yesterday announced that it has completed its review of SpaceX’s investigation of the November Starship/Superheavy test launch and has approved the company’s conclusions.

The Federal Aviation Administration has concluded its review of SpaceX’s investigation of the second Starship launch in November, with the regulator saying Monday that it accepted the “root causes and 17 corrective actions” identified by the company.

While this means the investigation is now closed, SpaceX must implement all the corrective actions and apply for a modified launch license before it can fly Starship again. “The FAA is evaluating SpaceX’s license modification request and expects SpaceX to submit additional required information before a final determination can be made,” the regulator said in a statement Monday.

You can read a SpaceX update of its investigation here. As previously reported, when Starship vented the extra oxygen carried to better simulate a payload it caused “a combustion event” and fires that cut off communications.

This resulted in a commanded shut down of all six engines prior to completion of the ascent burn, followed by the Autonomous Flight Safety System detecting a mission rule violation and activating the flight termination system, leading to vehicle breakup. The flight test’s conclusion came when the spacecraft was as at an altitude of ~150 km and a velocity of ~24,000 km/h, becoming the first Starship to reach outer space.

Despite SpaceX’s report, which states the company “has implemented hardware changes” to prevent a reoccurance, the FAA has still not yet issued a launch license. Based on these updates and Elon Musk’s own prediction, it appears a license will be forthcoming in the next two weeks, matching my December prediction of a March launch. Expect SpaceX to quickly launch, as it has “more Starships ready to fly,” and it wants to fly them fast in order to refine the engineering so as to move to operational flights.

It is also possible that the FAA will continue to slow-walk its approvals, and SpaceX might be left hanging for more than two weeks. Had the government not been involved, all signs suggested that SpaceX would have done its third test flight in January, and would have now been gearing up for its fourth flight. That was the kind of pace SpaceX set when it was doing its first Starship test flights during the Trump administration. The government under Joe Biden’s presidency however is not allowing that kind of launch pace.

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Rocket Lab begins maneuvers to bring Varda’s capsule back to Earth

With the FAA finally giving its okay (six months late), Rocket Lab has now begun the orbital maneuvers required to bring Varda’s small manufacturing capsule back to Earth at the Utah test range.

For more than eight months in space, Rocket Lab’s 300kg-class spacecraft has successfully provided power, communications, ground control, and attitude control to allow Varda’s capsule to grow Ritonavir crystals, a drug commonly used as an antiviral medication for HIV and hepatitis C.

Due to the initial planned reentry date being adjusted from late 2023, Rocket Lab’s spacecraft has been required to operate for more than double its intended orbital lifespan, which it has done without issue.

If all goes as planned, the capsule will land on February 21, 2024. Whether those drugs are still viable and sellable remains unknown. The delay due to government red-tape might have made them useless.

Nonetheless, a success in recovering those samples, viable or not, would establish Varda’s business plan. With three more missions planned, all to be launched and controlled by Rocket Lab, it will be positioned well for the future, its capsule a method for manufacturing a number of products in weightlessness that are needed on Earth but can only be made in space.

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India deorbits a defunct satellite early, in a controlled manner

India’s space agency ISRO yesterday successfully deorbited its defunct Cartosat-2 satellite, using the satellite’s leftover fuel to bring it down in a controlled manner, about three decades sooner than its orbit would have decayed naturally.

The satellite was launched in 2007 to provide detailed ground images of India, and completed its mission in 2019. As noted in ISRO’S press release:

ISRO opted to lower its perigee using leftover fuel to comply with international guidelines on space debris mitigation. This involved reducing collision risks and ensuring safe end-of-life disposal, following recommendations from organizations like the United Nations Committee on the Peaceful Uses of Outer Space (UN-COPOUS) and the Inter-Agency Space Debris Coordination Committee (IADC).

While such actions are a good thing, that governments in India and Europe are suddenly making a big deal about it now — after almost 3/4s of a century of inaction — is not for those reasons, but to lay the political groundwork for allowing the international community, led by the UN, to impose new regulations on all space efforts, both government and private.

Be warned. They are the government, and they are here to help you.

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SpaceX moves its corporation home from Delaware to Texas

As had been threatened by Elon Musk, SpaceX has now officially filed to move its incorporation home from Delaware to Texas, taking with it signicant tax dollars.

SpaceX, which was incorporated in the famously corporation-friendly Delaware, filed to relocate its business incorporation with the Texas Secretary of State, Bloomberg reported.

SpaceX CEO Elon Musk publicly railed against the Diamond State and a judge’s decision to void his $55 billion Tesla pay package.

Another Musk company, Neuralink, has also shifted its incorpoation from Delaware to Nevada.

None of this involves the movement of any physical facilities. However, Musk is making it very clear once again that if a state government interferes unreasonably with his business operations, he will leave it. He did this by the actual shifting previously large parts of SpaceX operations from California to Texas when California government officials attempted to punish him for remaining open during the Wuhan panic. Now he is doing the same to Delaware because it appears one judge decided he didn’t like Musk’s Tesla’s pay package, even though 80% of the company’s stockholders approved.

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Varda finally gets FAA permission to land its capsule

After more than six months of paper-pushing, the FAA has finally agreed to let the commercial in-space manufacturing startup Varda land its orbiting capsule in Utah.

After months of effort and one rejected application, Varda Space Industries said Feb. 14 it has received a license from the Federal Aviation Administration to return a capsule from its first mission.

The FAA’s Office of Commercial Space Transportation issued a reentry license for Varda’s W-Series 1 spacecraft. The license will allow the company to land a capsule from that spacecraft at the Utah Test and Training Range (UTTR) and neighboring Dugway Proving Ground west of Salt Lake City. Varda said that reentry is scheduled for Feb. 21.

…The company had hoped to return the capsule as early as mid-July, but said then was still working with the FAA to obtain a reentry license, required for any commercial spacecraft returning to Earth. One issue the company said it was facing was that it was the first company seeking a reentry license under new regulations called Part 450 intended to streamline the licensing process, but which some companies reported difficulties adjusting to. [emphasis mine]

The highlighted sentence dishonestly implies it has been the companies that are having problems adjusting to these so-called “streamlined” regulations, when the truth is that the FAA has been the one having the problem. Since Part 450 was established all FAA appovals have slowed to a crawl, when previously the FAA moved much faster.

In fact, that sentence is proven dishonest in the article’s very next paragraphs, which describe how the July approval didn’t happen because two government agencies couldn’t get their act together. Varda really had nothing to do with this lack of approval.

The capsule contains pharmaceuticals for sale on Earth that can not be manufactured in gravity. For the government to delay their return almost half a year simply because of red-tape is disgusting, especially because this delay might end up destroying the startup entirely. It is even more disgusting in that these government agencies have had had no problem approving the return of NASA capsules from space, to this very same Utah range.

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Update on SpaceX preparations for 3rd Superheavy/Starship orbital test launch

Link here. SpaceX is apparently now gearing up for a wet dress rehearsal countdown, whereby it performs a full countdown, including fueling both stages and taking everything to T-0. Such rehearsals are a standard procedure for all SpaceX launches.

Whether this launch will occur in early March, as Musk claimed yesterday, remains very uncertain, but not for technical reasons.

The FAA said that the mishap investigation for OFT-2 is still open, pending more information from SpaceX. The license modification requires all needed information to be submitted and reviewed, and the investigation needs to be closed before Starship returns to flight.

Apparently SpaceX has not yet completed its own investigation of the November second test launch. If so, this third launch might be delayed until April, since after the first test launch in April the FAA and Fish & Wildlife took three months after receiving SpaceX’s completed investigation report to approve it and issue a license. The FAA falsely claimed it was doing its own investigation, but the GAO has made it clear this is not so. All it does is rubber stamp the investigations of private companies.

We shall see. Some reports have said that no Fish & Wildlife approval will be required this time, which will speed things up. Others have indicated that the FAA is ready to move quicker. Even so, there remains the outstanding lawsuit by activists against the closing of nearby beaches for each launch. If those litigants demand a court injunction against such closures while the case is on-going, this launch could be delayed far longer.

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Musk: 3rd Starship/Superheavy test launch expected in early March

According to a tweet on X by Elon Musk, the third test flight of SpaceX’s heavy-lift Starship/Superheavy rocket is now expected in about three weeks, in early March.

The rocket is presently on the launchpad, undergoing final tests.

This confirms my December prediction that the launch would not happen earlier than March. SpaceX was ready to launch in January, but as I predicted red tape in the federal government have left the rocket sitting on the ground.

However, that prediction may have been too optimistic. First, SpaceX has still not gotten its launch license from the FAA, with no word from that agency when it will rubber-stamp SpaceX’s investigation into the second test launch in November. Second, the lawsuit by activists challenging the right of local authorities to close beaches at Boca Chica for launches remains active. It is very possible those activists will be successful in getting the court to issue an injunction preventing any beach closures (and thus launches) while the case is being litigated. If so, the next test launch could be months away.

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Greece signs Artemis Accords

Greece yesterday became the 35th nation to sign the Artemis Accords, joining the American alliance established by these bi-laterial individual agreements between the U.S. and each nation.

The full list of signatories to the Accords is now as follows: Angola, Argentina, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Columbia, Czech Republic, Ecuador, France, Germany, Greece, Iceland, India, Israel, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

The original goal of the Artemis Accords, established during the Trump administration, was to create an alliance focused on allowing property rights in space that would also act to establish legal rules to protect those rights, something that the Outer Space Treaty forbids. It appears that under the Biden administration those goals have increasingly been pushed aside for the globalist goals of the UN. The language of NASA’s press release illustrates this:

“As humanity embarks on a great adventure, returning to the Moon and preparing for traveling beyond the Moon, the Artemis Accords serve as a beacon of collaboration and cooperation among nations, paving the way for a sustainable and peaceful exploration of space,” said [Giorgos Gerapetritis, Greek’s foreign minister].

The Artemis Accords reinforce and implement key obligations in the 1967 Outer Space Treaty. They also strengthen the commitment by the United States and signatory nations to the Registration Convention, the Rescue and Return Agreement, as well as best practices NASA and its partners support, including the public release of scientific data. [emphasis mine]

The highlighted word is one of the many buzzwords used by globalists to signal their priorities, similar to the use of the term ” equitable access” by Belgium officials when it signed the accords in January. Rather than focus on allowing private enterprise and freedom, the focus now is to establish rules to control what people do.

The right leadership from the United States could change this shift in focus, but right now the U.S. does not have such leadership.

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A sign of hope and disaster: Students rip out tampon dispenser in boy’s bathroom 20 minutes after it was installed

Marc Belanda, principal of Brookfield and leading the way to a queer future!
Marc Belanda, principal of Brookfield HS,
leading the way to a queer future!

Last week a story made news when administrators at Brookfield High School in Connecticut installed a woman’s tampon dispenser in the boy’s bathroom, as now required by an insane law passed by the state legislature in 2022.

A bill passed in the 2022 legislative session requires public school Boards of Education to provide free menstrual products to students in all girls restrooms, in any all-gender restrooms, and in at least one boys restroom. According to Connecticut’s Department of Public Health (DPH) “The intention of the law is to address period poverty, meaning the struggle to purchase period products due to lack of income.”

It wasn’t however the installation that made news, but the fact that only twenty minutes after the dispenser was installed students at the school (likely teenage boys) ripped it out.
» Read more

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Texas state court rules in favor of activist lawsuit against SpaceX

The activists who sued SpaceX and local authorities, claiming the beach closures required during tests and launches at Boca Chica violate the Texas constitution, have had their lawsuit reinstated by a higher state court after a lower court had dismissed it.

Texas’ 13th district court of appeals ruled in favor of SaveRGV, the Sierra Club and the Carrizo/Comecrudo Nation of Texas in suits alleging that a 2013 state law allowing beach closures for space flight activities goes against the Open Beaches Amendment to the Texas Constitution.

In July 2022, Cameron County’s 445th District Court dismissed the coalition’s lawsuit, saying the organizations lacked standing in their complaint against Texas Land Commissioner Dr. Dawn Buckingham, the Texas Land Office, Cameron County and Texas Attorney General Ken Paxton.

The appeals court reversed that decision Thursday, allowing the lawsuit to proceed.

The lawsuit still must be litigated, so these activists have not yet won their case. However, this decision might prevent further beach closures while the case plays out in the courts, which would essentially shut down any further tests or launches at Boca Chica. If so, it will not matter if the FAA finally finishes its paperwork and approves a third test launch of Starship/Superheavy later this month. The launch will not be possible.

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Bi-partisan bill proposed giving space traffic management to Commerce, not FCC

On January 25, 2024 a bill sponsored by a bi-partisan group of senators was introduced assigning the job of managing orbital traffic and the removal of defunct satellites to the Commerce Department, essentially telling both the FCC and NOAA that the attempt by those agencies to grab this power, outside of their statutory authority, will be opposed by elected officials.

The bill puts the responsibility of managing satellite and spacecraft traffic and the regulations regarding de-orbiting satellites to Office of Space Commerce (OSC) within Commerce. It is also supported by the comercial industry, which has not been happy especially with the FCC’s regulatory power grab. Unlike the regulations the FCC is creating, this bill relies heavily on industry advice and consensus, the very people who not only know best what needs to be done, but are the only ones qualified to do it.

Of course, the bill must pass both the Senate, House, and be signed by the President before it becomes law. Whether that can happen remains uncertain, especially since there appear to be a lot of factions inside DC who want to give federal agencies like the FCC legal carte blanche to regulate however they see fit, superseding Congress, the Constitution, and the law. And it seems that Congress now is so weak, those factions might just get what they want.

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NASA’s useless safety panel once again sticks its nose where it isn’t qualified to go

For the third year in a row, the annual report of NASA’s generally useless and often corrupt safety panel, the Aerospace Safety Advisory Panel (ASAP), is once again focused not on technical safety issues related specifically to engineering — the reason the panel was first formed in 1968 following the Apollo 1 launchpad fire that killed three asteronauts — but NASA’s general management and long term strategies and plans, something that is entirely the responsibility of Congress and elected officials.

As the press release notes right at the top, “The report highlights 2023 activities and observations on NASA’s Strategic Vision and Guiding Principles, Agency Governance, and Moon to Mars Program Management.” On none of these issues does this panel have any expertise, or even qualifications. Most of its membership are former government bureaucrats, with only one panel member coming mostly from the private sector.

More important, while the panel is supposed to be review NASA’s engineering to make sure it is not getting sloppy, its panelists are all management types, not engineers.

To give the panel some credit, its report [pdf] does actually note the many risks NASA is taking on its various Artemis manned lunar flights, including more than a dozen engineering designs which will be flown for the first time on the first Artemis manned mission to land on the Moon. However, while this should be the panel’s number one concern, it buries it inside the report, and simply recommends that NASA redistribute these firsts across multiple missions. How NASA should do this is not addressed.

Last year I simply noted ASAP’s annual report in a quick links post, adding that “It has been so wrong so many times in the past, clearly biased against private space while favoring NASA, its analysis is simply worthless.” That conclusion still applies.

The sooner Congress stops wasting any money on this panel, the better. It provides no real service except to slow down development. And it is now putting itself above Congress in its effort to influence strategic and programming.

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African lawfare to take control of space

Modern academia: Marching with Lenin!
Modern African academia, proudly marching with Lenin!

It appears that a growing cadre of African lawyers are working within international organizations such as the UN and the International Astronautical Union (IAU) to use the Outer Space Treaty as a wedge to take control of space, wresting it from the hands of private commerical companies.

I make this assessment based upon a long article about this new lawfare published today in Wired, describing the training and political goals of a number of young African layers in the field of international space law.

[S]ome players in the global south are gearing up for the orbital future not just by scrambling to launch satellites, but by building up skills in outer space law—the evolving area of international jurisprudence that introduced the “province of all mankind” concept in the first place.

Though the Outer Space Treaty is still the cornerstone of space law, other international agreements have built up around it over the years—and more still are desperately needed to regulate today’s realities in space. “This is an area of rulemaking where they’re just setting up the rules for the future, so you need to have a perspective now,” explains Timiebi Aganaba, a British-Canadian-Nigerian professor at Arizona State University who has been instrumental in driving African interest in space law. “If the system gets built without you—if you come in later—people will start quoting laws to you.”

In 2011, Aganaba helped organize the first teams of African law students to enter something called the Manfred Lachs Space Law Moot Court Competition. The global tournament, named after an architect of the Outer Space Treaty, uses fictional court cases to train young lawyers how to think through the plausible conflicts that could soon arise beyond the atmosphere—and it is far and away the most important professional conduit into the field of space law. Students who make it to the final round of the competition argue their cases before actual judges from the International Court of Justice—the world’s highest forum for legal disputes between countries. And since 2011, teams from Africa have become a force in the competition. In 2018, South Africa’s University of Pretoria won the international championship.

If Aganaba’s name rings a bell to my readers, it is no surprise. » Read more

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Belgium signs the Artemis Accords

Belgium yesterday became the 34th nation to sign the American-led Artemis Accords, bi-laterial agreements initially conceived by the Trump administration as a way to get around the legal limitations on private property created by the Outer Space Treaty.

Based on the wording of Belgium’s press release, it appear however that this goal is slowly being watered down by the many nations who have signed:

Belgium’s signature of the Artemis Accords is part of its proactive participation in the work of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). As a party to the five United Nations treaties on outer space, Belgium, in close collaboration with other Member States, has launched several actions within the Committee over the past decade to promote the establishment of an international multilateral legal framework for equitable access to and benefits from space resources, as well as for the safe and sustainable use of these resources. [emphasis mine]

The highlighted word, “equitable”, is one of the key words in Critical Race Theory, and when translated into plain English means providing guaranteed benefits for those who feel oppressed, whether or not they deserve it. Note too Belgium’s effort here to get the United Nations involved. By outlawing any nation from claiming territory and establishing its legal framework, the Outer Space Treaty essentially gave that power to the UN. The accords were conceived as a political way of breaking that restriction, shifting power back to the nations who signed. By inserting the UN into the Artemis alliance Belgium is trying to shift power to the UN again. And it appears it is attempting to form its own alliance of the smaller nations within the accords for this purpose.

The full list of signatories to the Accords is as follows: Angola, Argentina, Australia, Bahrain, Belgium, Brazil, Bulgaria, Canada, Columbia, Czech Republic, Ecuador, France, Germany, Iceland, India, Israel, Italy, Japan, Luxembourg, Mexico, the Netherlands, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

The competing alliance of communist nations, led by China, includes only Russia, Venezuala, Pakistan, Belarus, Azerbaijan, and South Africa. That former deep Soviet bloc nations like Bulgaria and Romania, as well as previously very Marxist Angola, went with the west rather than China illustrates the international distrust of China and its authoritarian methods.

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More academics demand that space activity be controlled and regulated, by them

Modern academia: Marching with Lenin!
Modern academia, proudly marching with Lenin!

Yesterday I linked to a student newspaper article at the University of Alberta advocating more regulation over all space activity, focused on replacing private ownership with collective ownership while simultaneously imposing Marxist racial quotas to get rid “old white men”.

Today there was another story from academia demanding similar regulation. On January 12, 2024 there was a public panel discussion at Arizona State University (ASU), where four academics argued for the need for more government regulation of space. The description of the panel’s goals at the event’s website gives us a good hint of the goals of these academics:

Space exploration and utilization is a rapidly expanding sector, and there is growing consensus that the complex space governance system must evolve with it. Faced with this dynamic nature, in this fireside chat, with leading experts in space governance, policy law and space science, we present a clear framework for conceptualizing the space governance system as a tool for discussions on space law and policy, demystifying its structure and the actors, instruments and collaborations within it. We then consider key debates in the space policy field within this framework from a global and transdisciplinary perspective.

This is typically bad academic writing, designed to intentionally hide its meaning. One of the panelists however translated it most bluntly in this quote from article about the event:
» Read more

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College professors insist all private activity in space must be regulated, by them

Now that private enterprise and free civilians are beginning to fly missions to space, independent of the government, “an international team of experts” have published a paper that demands that all future private activity in space be strictly regulated. From an article in the student newspaper of the University of Alberta:

Private citizens or corporations that collect data or research in space pose unique ethical concerns, Caulfield said. Previously, space travel was “largely funded by the public purse.” For example, the National Aeronautics and Space Administration (NASA) receives its funding from the United States government. Publicly funded research has to follow certain rules and there is a degree of oversight, Caulfield explained. But, “if space flight is funded primarily or largely by private companies like Blue Origin [and] SpaceX, what rules do they need to follow?”

Caulfield is Timothy Caulfield, the Canada Research Chair in Health Law and Policy and a professor in the University of Alberta’s faculty of law. He is also one of the twenty co-authors of this paper, the authors of which somehow think that because they teach at colleges they have better ethics that the owners of private space companies. Not only do they want to establish strict rules over what can be done in space, they want all research and data to be open source. The private data obtained by missions paid for by others must be available to everyone, even if they didn’t do a damn thing to get it.

These control freaks also insist that commercial space must follow standards of diversity, inclusion, and equity.

“This has been for too long dominated by old white men,” [Caulfield] said. “We’ve got to change that.”

O joy! We are here to help you! These idiots have ruined the entire academic community, making colleges worldwide cesspools of bigotry and race hate. They now want to impose their Marxist ideals to commercial space, probably because deep down they resent the fact that others are doing it and they are incapable of accomplishing anything on their own.

That Alberta’s student newspaper is all-in on these foolish ideas is especially disturbing. The students appear to have been brainwashed to accept such stupidity, and since they represent the future, it tells us what that future will be like.

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Elon Musk’s employee update released January 12th

I have embedded below an employee update of the status of all of SpaceX’s projects, given by Elon Musk and released publicly on January 12, 2023. The video has been edited only to remove the many enthusiastic applauses by Musk’s audience of co-workers in order to shorten it.

Though Musk provided a lot of general information about the company’s long term goals with Starlink, Starship, Mars, the Moon, and other topics, these are the most important take-aways relating to its ongoing efforts now:

  • Falcon 9: The company is now upgrading its first stage so that it will be able to fly reused forty times, not twenty. Musk also noted that they have now reused the rocket’s fairings more than 300 times.
  • They are now aiming for about 150 launches in 2024. (It appears now that the biggest obstacle to this goal will be weather, as seen by the weather delays that have stalled Falcon 9 launches this very week.)
  • The Dragon fleet has now spent more days at and flights to ISS than the NASA’s entire shuttle fleet.
  • Starlink: It is a supplement to present phone and internet service, not a replacement, serving remote areas. Its biggest obstacle now however to providing that service is government approvals. The company is blocked by regulators in many places where the service is operational.

On Starship/Superheavy, he revealed these facts:

  • They are planning to double its payload capacity to 200 tons to orbit, twice the Saturn-5.
  • Starship would have made orbit on the second orbital test if it had had a payload. To simulate the weight of payload it had carried extraoxidizer, and when it vented these as it approached orbit it caused problems that activated the self-destruct system.
  • The third orbital test flight will thus almost certainly reach orbit, and will then test engine burns, some refueling technology, payload deployment, and de-orbit procedures.

Musk emphasized that they must be able to fly these tests frequently to get Starship/Superheavy functioning, not just for SpaceX but for NASA’s Artemis program. As he said, “Time is the one true currency.” With each launch they refine the system to make it more reliable and operational. Without those launches they can’t.

He did not mention why launches might not happen frequently, probably because the last thing he needs to do is antagonize the regulators who are slowing him down. I (and other journalists) however are not under that restriction. The biggest obstacle to SpaceX’s success is the red-tape being wound around it by the Biden administration and its love of strict regulation, possibly instigated by its political hostility to Elon Musk as a person.

This government action to stymie freedom must end, and the sooner the better.
» Read more

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Another look at the increasing regulatory burden impacting commerical space

Link here. The author does a nice job summarizing the problems now becoming evident as the administration state strives to expand its power and control. Though he gives space to both sides, allowing the defenders of that administrative state to explain why strong regulations are good, he doesn’t bow to those defenders, as do too many modern journalists.

That he quotes me extensively (and has has told me personally that he is a regular reader of Behind the Black), might have something to do with this. He isn’t parroting my positions, however, in this essay, but giving his own perspective.

Definitely worth reading.

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Fauci: Now an admitted liar as well as incompetent scientist

Fauci: Washington's top liar
Anthony Fauci: the liar-in-chief during
the Wuhan panic

This week Anthony Fauci was brought before a committee in the House of Representatives for closed-door hearings on his actions during the COVID epidemic in 2020-2021. Though supposedly private, the committee has been providing detailed recaps of Fauci’s testimony.

What it has learned is that Fauci was not only a chronic liar during his time as director of the National Institute of Allergy and Infectious Diseases (NIAID), he was also utterly incompetent as both a scientist as well as an administrator.

None of this really is news. As early as December 2020 Fauci admitted publicly that he had purposely misstated facts and scientific data for political reasons. Repeatedly I have reported many other examples of his dishonesty and incompetence (see for example these posts from June ’21, April ’22, September ’22, November ’22, and September ’23).

Nonetheless, Fauci’s testimony now is worth reviewing, because it underlines starkly how he misled and misinformed the public, causing great harm for no gain.

First, he admitted in testimony that the demands by him and the government that everyone maintain a six-foot distance during the epidemic was utter garbage, based on no scientific data at all.

In Tuesday’s session, Fauci admitted that the six-foot social distancing recommendation “was likely not based on any data,” according to the committee. “It just sort of appeared,” it wrote, quoting Fauci.

In August 2020 I found evidence suggesting the only source for this absurd rule came from a high school science project. Fauci has now essentially confirmed this, admitting that there is no legitimate science behind the six-foot rule.
» Read more

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UK spaceports to UK government: There’s too much red-tape!

Proposed spaceports surrounding Norwegian Sea
Proposed spaceports surrounding Norwegian Sea.

At a hearing this week before the Scottish Affairs Committee of the United Kingdom’s parliement, the heads of the two spaceports being built in Scotland demanded that a single senior minister be assigned to handle all regulation for space launches, because the present system involves too many different agencies from too many different UK governments.

The result has been endless delays, and no launches.

“For me, there’s almost too many cooks involved,” [according to Scott Hammond, deputy CEO of SaxaVord Spaceport.] “I think what we need to look at is having a senior politician directly responsible for space and space launch and I would suggest that at cabinet level.” Despite the UK Government space portfolio, he said it is still “difficult to know who’s actually running launch in the UK”.

He gave the example of seeking permissions from Scottish Government’s marine directorate, something he said was taking six months rather than 14 weeks as promised.

The CEO of the company Orbex, which has a fifty-year lease to launch from the other spaceport in Sutherland, admitted that the spaceport “had appeared to be in a ‘better place’ in 2018 but acknowledged circumstances had changed since then.” In other words, regulation was now threatening the company’s operations at Sutherland, and it is beginning to look elsewhere for future launches.

Saxavord had hoped to do its first launch this year, but now is looking to the summer, all because of the long delays experienced in getting government approvals.

The map shows other space ports being developed in Europe. These, as well as new spaceports elsewhere, might end up getting all of this UK business because of the continuing red tape issues in Great Britain.

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SpaceX sues to have NLRB complaint dismissed

SpaceX yesterday filed a lawsuit in the federal courts to have the employee complaint filed by the National Labor Relations Board (NLRB) dismissed as a violation of the company’s fifth and seventh amendment rights as well as article II of the Constitution.

You can read SpaceX’s lawsuit here [pdf]. It specifically lists as defendants the board members of the NLRB, as well as the unnamed administrative judge who will run the NLRB’s case, once it begins.

The SpaceX lawsuit is interesting in that it challenges the very legal structure that has established the NLRB, stating that its actions are illegal because that structure forbids the President from having full control over its actions, as required by article II of the Constitution.

Whether this lawsuit succeeds is of course unknown, but its quick filing tells us that SpaceX was prepared for this NLRB action, even before it was filed. It also tells us that the company now recognizes the overall threat to it by the Biden administration, which appears to be trying to weaponize every agency in the federal government to destroy the company, and is prepared to fight long and hard against this abuse of power.

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NASA and one private company respond to Navaho nation’s demand to cancel lunar mission

Both NASA and one of the private companies involved in ULA’s first Vulcan rocket launch on January 8, 2023 that will carry the Astrobotic’s Peregrine lunar lander to the Moon have now responded to the Navaho nation, which has stated its religion gives it the unlimited right to decide what can go there.

Navaho President Buu Nygren had claimed earlier this week that the “Moon is sacred to numerous Indigenous cultures” and the payloads of human ashes being sent to the Moon was “tantamount to desecration.” He demanded the mission be delayed or canceled.
» Read more

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Republicans propose another deep state bureaucracy to enforce civil rights laws

Failure Theater!

Failure theater: In their typically impotent attempt to fight the leftist movement that is imposing a new racial bigotry across America, several Republicans in Congress have proposed a new special government office in Washington that will be specifically assigned the job of preventing racial discrimination at universities.

The College Admissions Accountability Act, introduced by Sen. J.D. Vance (R., Ohio) and Rep. Jim Banks (R., Ind.), would establish a special inspector general within the Education Department—separate from the Office of Civil Rights—to probe potential violations of the colorblind standard set forth in Students for Fair Admissions v. Harvard, which ruled that race-conscious admissions programs violate the 14th Amendment. The bill would also bar schools that flout the decision from receiving any form of federal aid.

…The bill, which appropriates $25 million for the new role and is cosponsored by Sens. Ted Budd (R., N.C.), Mike Braun (R, Ind.), Josh Hawley (R., Mo.), Eric Schmitt (R., Mo.), and Marco Rubio (R., Fla.), does include a sunset clause that would terminate the office after 12 years. Republicans seem to be betting that recalcitrant universities will, after a decade of robust enforcement, throw in the towel and evolve colorblind norms.

These senators and congressmen, along with several conservative think tanks, think naively that this office will the place for anyone of any race to go to get justice should a university receiving federal funds create a program that specifically excludes them solely because of their race. The aim will supposedly be to target specifically the new Diversity-Inclusion-Equity programs at universities and in governments that are imposing this new discrimination against whites, Asians, and Jews.

The foolishness of this plan is hard to measure. » Read more

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White House issues “policy framework” to lobby for its space regulatory proposal

Faced with stiff opposition from industry and politicians from both parties in Congress to its regulatory proposal issued in mid-November, the White House yesterday released what it called a “policy framework” for implementing that proposal.

You can read this policy framework here [pdf]. It is filled with high-sounding claims about its goal is to encourage private development and reduce red tape, but in the end it only adds more government entities to the entire bureaucracy that regulates commercial space. From the framework itself:

The Secretaries of Commerce and Transportation will co-lead a Private Sector Space Activities Interagency Steering Group in consultation with the Chairperson of the Federal Communications Commission (FCC), comprising representation from the Departments of Defense, Energy, Homeland Security, Interior, and State, the National Aeronautics and Space Administration (NASA), the Office of the Director of National Intelligence, the Office of Science and Technology Policy, and any other Federal entities with expertise or equities pertaining to private sector novel space activities, including relevant stakeholders from the Executive Office of the President. The Steering Group serves as a coordinating body to ensure that the U.S. Government oversight system is prepared to meet U.S. priorities while taking into consideration the competitiveness of U.S. industry now and into the future.

One of the criticisms of the White House proposal from mid-November was that it would split regulation between Commerce and Transportation, thus increasing the complexity for commerical companies. This steering group is clearly an effort to answer those complaints, but based on this proposal, it simply adds one more bureaucratic layer to the mix, making things even more complicated.

The framework also calls for the expansion of the government’s regulatory footprint on several fronts, such as controlling orbital debris, and achieved through “expanding existing, or establish new, federal advisory committees to account for all expanded space authorities in furtherance of this Framework and related legislative proposals.”

From the viewpoint of freedom, this entire proposal reads like a zombie end-of-the-world horror film, with bureaucratic zombies appearing endlessly from all directions, aimed at consuming any independent private company as quickly and as thoroughly as possible.

The original commercial space act proposal from Congress, that the Biden administration (and most Democrats) oppose but carries the endorsement of the private commercial space industry, was passed by its House committee, but still needs to be voted on by the full House, as well as the Senate. Because it remains in limbo, the White House has issued this framework, in the hope it can give its side the ammunition needed to defeat that bill and replace it with the White House’s.

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Starship prototype #28 completes full duration static fire test

Gearing up for Starship/Superheavy orbital test flight #3: Starship prototype #28 today successfully completed a full duration static fire test, with all six engines firing for about five seconds.

The link goes to SpaceX’s X feed, and shows that test.

This is more evidence that SpaceX intends to be ready in all ways to do that third orbital test flight of Superheavy/Starship by mid-January, at the latest. It also suggests the company is getting close to finishing its investigation into the previous test flight in mid-November.

Of course, none of this means it will launch in mid-January. I predict SpaceX will be stuck twiddling its thumbs waiting for a launch license from the FAA, which will also be waiting for an okay from Fish & Wildlife. Both will likely be forced to work as slowly as possible, likely because of interference from the White House.

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The Biden war against Musk is a war against America

How the modern Democratic Party has evolved madly to the left, according to Elon Musk
How the modern Democratic Party has evolved
madly to the left, according to Elon Musk

In 2022 Elon Musk essentially completed the long process of going from what he described as a moderate who had previously voted overwhelming for Democrats to a Republican voter strongly hostile to the present Democratic Party.

He announced this shift in a tweet on May 18, 2022, in which he said the following:

In the past I voted Democrat, because they were (mostly) the kindness party.

But they have become the party of division & hate, so I can no longer support them and will vote Republican.

Now, watch their dirty tricks campaign against me unfold. [emphasis mine]

In the almost twenty months since Musk made that statement, his prediction of a “dirty tricks campaign” by the Democrats has become quite evident and true. Numerous federal agencies under the control of President Joe Biden began taking strong actions to stymie Musk’s companies, sometimes abusing the law in what appear to be legitimate ways, and sometimes abusing power in ways that are absurd. Below is a short list, many of which have been repeatedly reported here at Behind the Black:
» Read more

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Congress passes short term extension of commercial space regulatory “learning period”

The Senate yesterday passed a short term extension of the regulatory “learning period” at the FAA that limits its ability to regulate commercial space.

[The Senate] quickly passed an extension of the FAA’s authorization, a final piece of “must pass” legislation before the end of the year. The bill (H.R. 6503) passed the House on December 11. Among other things, it extends the “learning period” for commercial human spaceflight until March 9, 2024 that otherwise would have expired on January 1. The learning period, or “moratorium,” prohibits the FAA from promulgating new regulations on commercial human spaceflight while the industry is in its infancy.

The president still needs to sign this bill, but that is expected.

Originally passed in 2004 as an eight-year period, this “learning period” has been extended several times since. The industry wants a longer extension, as it still considers itself quite rightly to be in an experimental test phase, not operational in the sense of airplane manufacture.

Not that this extension matters. It appears in the past two years that the regulators at the FAA have decided to ignore the law and make believe this learning period really doesn’t exist, based on how that agency has treated test launches by SpaceX and others. Rather than let their launches proceed quickly as tests, the FAA has begun to treat each test as an operational flight that requires a long investigation before further launch approvals are given.

Unless there is a major change in leadership in the White House, we should expect a major slow-down of the American launch industry in the coming years, regardless of whether this “learning period” is extended or not.

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Environmental groups file another complaint attempting to stop SpaceX launches at Boca Chica

In what is now becoming a routine process of harassment, several environmental groups have filed another complaint against the FAA and Fish & Wildlife for eventually issuing a second launch license to SpaceX, permitting it to do its mid-November second orbital test launch of its Starship/Superheavy rocket from Boca Chica, Texas.

In the supplemental complaint, the groups — Center for Biological Diversity, American Bird Conservancy, Carrizo/Comecrudo Nation of Texas, Inc., Save RGV and Surfrider Foundation — allege the FAA failed to properly analyze the environmental impacts of the first Starship launch before issuing a revised license for the second launch that took place Nov. 18.

That new licensing process included an environmental review by the U.S. Fish and Wildlife Service (FWS) regarding a pad deluge system that SpaceX installed on the pad to prevent damage like that the pad suffered during the first launch. The FWS concluded that the deluge system would produce no significant environmental changes.

The environmental groups argue that both FAA and FWS fell short of what was required under the National Environmental Policy Act (NEPA) to review the environmental impacts of Starship launches. The FAA, it stated in the complaint, “once again failed to take the requisite ‘hard look’ at the impacts of the Starship/Superheavy launch program through a supplemental NEPA analysis.”

Let me translate what this complaint really says, and I can do it only a few words: “Your review didn’t come to the conclusions we want — which is to block all work by SpaceX — so that we can do what we want!” Both the American Bird Conservancy and the Surfrider Foundation simply want unlimited access to the region for their own recreation, while the Center of Biological Diversity is only interested in stopping all human development anywhere — until it can settle its frequent lawsuits against the government and pocket its payoff.

As for Carrizo/Comecrudo Nation of Texas and Save RGV, both are bogus organizations. The first is for a almost non-existent Indian tribe that never even lived in this area (they were based in Mexico), and the second claims it represents the people of the south Texas region who want SpaceX’s work stopped. Since almost everyone in Brownsville and throughout the region is celebrating the new prosperity brought to them by SpaceX, it is essentially a front group for the Marxist environmental movement that hates all prosperity. It doesn’t represent anyone really in south Texas.

As before, this complaint will have to be fought, wasting time and money.

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FCC denies Starlink $886 million grant

Despite the fact that SpaceX Starlink constellation is presently providing internet access to more rural customers than any company worldwide, the FCC yesterday announced that it will not award the company a $886 million subsidy under its program for expanding broadband service to rural areas.

The FCC announced today that it won’t award Elon Musk’s Starlink an $886 million subsidy from the Universal Service Fund for expanding broadband service in rural areas. The money would have come from the Rural Digital Opportunity Fund program (RDOF), but the FCC writes that Starlink wasn’t able to “demonstrate that it could deliver the promised service” and that giving the subsidy to it wouldn’t be “the best use of limited Universal Service Fund dollars.”

That was the same reason the FCC gave when it rejected Starlink’s bid last year, which led to this appeal. SpaceX had previously won the bidding to roll out 100Mbps download and 20Mbps upload “low-latency internet to 642,925 locations in 35 states,” funded by the RDOF.

This decision can only be explained by utterly political reasons. SpaceX right now is experiencing a booming business, with its traffic up two and a half times from last year,almost all of which is in rural areas. That number is from a news report today, the same day the FCC claims Starlink can’t provide such service. As noted by one SpaceX lawyer:

“Starlink is arguably the only viable option to immediately connect many of the Americans who live and work in the rural and remote areas of the country where high-speed, low-latency internet has been unreliable, unaffordable, or completely unavailable, the very people RDOF was supposed to connect.”

The initial award was made in December 2020, when Trump was still president. It was first canceled in August 2022, after Biden took over. SpaceX appealed, but today’s announcement says the FCC rejected that appeal.

While there is absolutely no justification to give any company this money — SpaceX is proving private companies don’t need it to provide this service to rural areas — this decision is clearly political, driven by the hate of Elon Musk among Democrats and the Biden administration. They don’t care that SpaceX is a successeful private company providing tens of thousands of jobs as well as good products to Americans. Musk does not support them, and so he must be squashed.

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