SpaceX criticizes FAA for “systemic problems” in launch licensing

PARIS — SpaceX has fired back at the Federal Aviation Administration (FAA) for proposing fines for launch license violations, accusing the FAA of hesitating on what the company sees as minor changes.

SpaceX released a letter on September 19 to the leadership of the House Science Committee and the Senate Commerce Committee, the two committees that have oversight of the FAA's Office of Commercial Space Transportation (AST).

The four-page letter contained the company's detailed response to the $633,000 fines announced by the FAA on Sept. 17 for license violations on two launches in mid-2023. On a Falcon 9 launch, the FAA said, SpaceX used a new launch control center without authorization and skipped a required air traffic controller coordination meeting two hours before launch. On a later Falcon Heavy launch, SpaceX used a new fuel tank depot without FAA authorization.

“With respect to these matters, it is notable that in each case SpaceX provided timely notice to AST of these relatively minor license updates that had no impact on public safety,” SpaceX stated in the letter. “The fact that AST was unable to process these minor updates in a timely manner underscores the systemic challenges at AST.”

SpaceX said it had submitted a revised communications plan to the FAA for approval for the May 2, 2023 Falcon 9 launch, which included the new location of the launch control center. However, it had not received a response by June 13. The agency then told SpaceX that the plan contained “too many” changes to be reviewed and approved in time for the June 18 launch.

SpaceX then sent a revised plan on June 15 that changed only the location, which the company said was a “rolling accuracy update” that did not require FAA approval. The agency did not approve the plan for all of SpaceX's launch licenses until Aug. 20. SpaceX says it does not know why the review took so long, “but the fact that the communications plan was approved indicates that there were no public safety concerns about relocating the launch control center.”

SpaceX was also fined on the same launch for not conducting a survey at the T-2 hour mark, as the earlier version of the communications plan required. The company pointed out that regulations do not require it to conduct such a survey and that it surveys flight controllers later in the countdown before starting to load fuel.

For the Falcon Heavy launch, SpaceX said the new fuel storage facility, built to improve public safety, was approved by launch site safety authorities before that launch. The FAA also granted SpaceX a waiver to use the fuel storage facility for a Falcon 9 launch from the same launch pad one month after the Falcon Heavy launch. The FAA officially granted the approval “several months” later.

SpaceX added that the FAA did not initially halt launch operations for the mission using the new, unapproved fueling facility. And when the FAA intervened later in the countdown, the agency ultimately “did not instruct SpaceX to withdraw or revoke the license.”

The letter, signed by SpaceX Vice President David Harris, also suggested that the FAA imposed the fines for political reasons. “It is notable that these violations and penalties were announced shortly after Congress increased scrutiny of AST for failing to adequately and timely meet its regulatory obligations,” the letter said, a reference to a Sept. 10 hearing by the House Science Committee's Space Subcommittee on licensing delays.

The company added that the FAA's press release on the fines included a quote from the agency's chief counsel, a political appointee, a move SpaceX called “highly irregular and perhaps unprecedented.”

An industry source expressed skepticism about these claims in a background interview, pointing out that on the one hand, this would force the FAA to respond promptly to congressional criticism by announcing fines, but on the other hand, it would also be accused of moving too slowly on regulatory action.

SpaceX CEO Elon Musk described the fines on social media the day they were announced as an “abuse of law” and “politically motivated” and announced that he would sue the FAA. The company has not yet filed a lawsuit.

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