The conflict between SpaceX and the Federal Aviation Administration (FAA) intensified this week, with Elon Musk demanding the resignation of the head of the federal regulator after the latter defended the FAA’s oversight and the fines imposed on the commercial launch company. The FAA announced that it does not expect to decide on the launch license for Starship’s next test flight until the end of November, a two-month delay from what had been previously communicated. Regulators are evaluating the changes to the rocket’s trajectory necessary for SpaceX to bring the huge reusable Super Heavy booster back to the launch pad in Texas. This will be the Starship’s fifth full-scale test flight, marking the first time SpaceX has attempted this maneuver in its program.
This week, SpaceX assembled the completed Starship rocket on its launch pad at the Starbase facility near Brownsville, Texas. “Starship stacked for Flight 5 and ready for launch, pending regulatory approval,” SpaceX announced on its X account.
In addition to the regulatory reviews, the FAA reported last week that it is proposing fines of more than $633,000 to SpaceX due to alleged launch license violations related to two flights of the Falcon 9 rocket. It is unusual for the FAA’s commercial spaceflight division to impose penalties on launch companies.
Michael Whitaker, FAA administrator, addressed the environmental and safety reviews of the Starship rocket at a hearing before a congressional subcommittee in Washington on Tuesday. During the session, which focused primarily on the FAA’s oversight of Boeing’s operations, a lawmaker questioned Whitaker about the FAA’s relationship with SpaceX.
Public Interest
“Safety is in the public interest, and that is our primary focus,” said Michael Whitaker, FAA administrator, in response to questions from Congressman Kevin Kiley, a California Republican. “Fines are the only tool we have to ensure compliance on safety issues,” he added, referring to the penalties imposed by the FAA.
The Super Heavy booster, made of stainless steel, is larger than a Boeing 747. SpaceX claims that the flight path for the return of the rocket’s first stage will result in a “slightly larger area” experiencing a sonic boom. In addition, a stainless steel ring, known as a hot preparation ring, will be released from the top of the booster and will fall in a different location in the Gulf of Mexico, close to the coast of the launch and landing site.
The FAA, which is responsible for ensuring that rocket launches do not put the public at risk, is consulting with other agencies on these issues, including SpaceX’s discharge of water into the environment around the Starship launch pad in Texas. The pad uses water to cool a steel flame deflector located under the Super Heavy’s 33 engines.
SpaceX said that the fines imposed by the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) are “entirely linked to disagreements over paperwork”, and not to the dumping of pollutants at the site.
After the first test flight, which caused a large hole in the ground, SpaceX installed a water-cooled flame deflector under the launch pad. Gwynne Shotwell, president of SpaceX, explained at a hearing in Austin that this structure was designed to prevent recurrences: “We built this system to cool the flame during take-off.” She also commented on the need for a new type of federal permit: “We are collaborating with TCEQ and working to meet the EPA’s requirements.”
In Washington, Kiley questioned the head of the FAA about the need to delay the Starship test flight to ensure a safe launch. “The sonic boom analysis is a safety issue,” said Whitaker. “I think the two-month delay is essential to meet the launch requirements, and that’s fundamental to the safety culture.”
SpaceX has requested more funding for the FAA’s commercial spaceflight division, claiming that launch activity, especially with the Falcon 9, which happens on average every three days, demands more support. The company disputes that the Starship delay is linked to safety issues, stating: “This delay is not based on a new safety concern, but rather on an unnecessary environmental analysis.”
Kiley emphasized the importance of SpaceX’s industry leadership to US national security and global competitiveness, questioning whether the FAA needs to be “reformed to be better suited to the kind of innovation we should be pursuing in the commercial space industry.”
“I agree that this is a vital mission and I recognize SpaceX’s innovation, but I believe it is also a mature company,” Whitaker replied. “With 20 years of operation, they need to maintain the highest safety standards, including implementing a Safety Management System (SMS) and a whistleblower program.”
When asked how SpaceX could reduce the delay to the next Starship test flight, Whitaker said: “Complying with regulations would be the best way forward.”
SpaceX disputed Whitaker’s claims during the hearing, calling them inaccurate in a statement released Tuesday night. Whitaker mentioned that the FAA fined SpaceX for Falcon 9 launches last year, claiming that the missions took place without permission. SpaceX hit back, saying it was fully licensed and that the FAA “incorrectly claimed non-compliance”.
One of the fines relates to the relocation of a fuel farm on the Kennedy Space Center launch pad, which, according to Whitaker, was moved “closer to the population” without a risk analysis. SpaceX, on the other hand, maintains that the move was made to keep the farm away from areas of public access and that security authorities in Florida approved the relocation.
Elon Musk, founder and CEO of SpaceX, suggested that the FAA’s scrutiny could be politically motivated, especially after its support for former President Donald Trump. “America is being suffocated by legions of often inept and politically motivated regulators,” Musk wrote in X.
On the other hand, Shotwell took a more conciliatory approach in Texas. “We’re not afraid of regulation,” he said. “It helps keep businesses thriving and the community safe. My point is that as business grows, the regulatory environment must also evolve, ensuring that regulation does not impede progress.”