The U.S. Federal Aviation Administration (FAA) plans to fine SpaceX more than $630,000 for allegedly failing to comply with regulations on two launches last year.
"Safety drives everything we do at the FAA, including a legal responsibility for the safety oversight of companies with commercial space transportation licenses," FAA Chief Counsel Marc Nichols said in an emailed statement today (Sept. 17).
"Failure of a company to comply with the safety requirements will result in consequences," he added.
The first launch cited by the FAA is PSN SATRIA, which lofted an Indonesian communications satellite from Florida's Cape Canaveral Space Force Station atop a Falcon 9 rocket on June 18, 2023.
Related: SpaceX launches PSN SATRIA communications satellite for Indonesia, lands rocket at sea (video)
That May, SpaceX "submitted a request to revise its communications plan related to" its license to launch from the site, according to the FAA's statement. There were two proposed revisions — adding a new launch control room at one of the facility's hangars and removing a readiness poll previously taken two hours before liftoff.
SpaceX launched PSN SATRIA with those revisions before the FAA had approved the request, according to the agency, which is proposing a $175,000 fine for each of the two alleged infractions.
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The second launch in question is that of Jupiter 3, a giant telecom satellite that rode to orbit on a Falcon Heavy rocket on July 28, 2023 from NASA's Kennedy Space Center (KSC), which is next door to Cape Canaveral Space Force Station.
For that mission, SpaceX used a newly built rocket propellant farm at KSC that the FAA had not yet approved; according to the agency, the company submitted a revision request concerning the propellant farm earlier that same month. The FAA is proposing a $283,009 penalty for this alleged violation, bringing the fine total for the two missions to $633,009.
SpaceX has 30 days to respond after receiving the FAA's two enforcement letters, which were delivered today. You can read them here.
Company founder and CEO Elon Musk has already given a response of sorts, however.
"SpaceX will be filing suit against the FAA for regulatory overreach," Musk said via X today, replying to a post reporting the newly proposed fines.
SpaceX's frustration with the FAA, and with regulations in general, are palpable and public. Last week, for example, SpaceX published a lengthy blog post railing against the launch industry's regulatory environment.
"Unfortunately, we continue to be stuck in a reality where it takes longer to do the government paperwork to license a rocket launch than it does to design and build the actual hardware," SpaceX wrote in the post. "This should never happen and directly threatens America's position as the leader in space."
That post is largely focused on SpaceX's giant new Starship vehicle, which the company is developing to take people and cargo to the moon and Mars. SpaceX says it has been ready to launch Starship's fifth test flight since early August, but the FAA is still reviewing modifications SpaceX made to the vehicle configuration and mission profile ahead of that planned launch. That review likely won't be done until late November, according to the FAA.
Editor's note: This story was updated at 3:25 p.m. ET on Sept. 17 with the news that the FAA has posted its two enforcement letters, then again at 5:20 p.m. ET to add Elon Musk's statement that SpaceX plans to file suit against the FAA.
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Michael Wall is a Senior Space Writer with Space.com and joined the team in 2010. He primarily covers exoplanets, spaceflight and military space, but has been known to dabble in the space art beat. His book about the search for alien life, "Out There," was published on Nov. 13, 2018. Before becoming a science writer, Michael worked as a herpetologist and wildlife biologist. He has a Ph.D. in evolutionary biology from the University of Sydney, Australia, a bachelor's degree from the University of Arizona, and a graduate certificate in science writing from the University of California, Santa Cruz. To find out what his latest project is, you can follow Michael on Twitter.
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SDelMonte
Or as Elon Musk calls it, a nickel.Admin said:The FAA has proposed fining SpaceX more than $630,000 for allegedly failing to comply with regulations on two launches in 2023.
FAA plans to fine SpaceX $630,000 for alleged launch violations : Read more -
Unclear Engineer Wait minute - didn't the FAA eventually approve those things?Reply
It seems that the real issue is that the FAA did not approve them soon enough to avoid disruptions to the launch schedules, and SpaceX launched instead of waiting for approval of support facility change and pre-launch protocols - not actual flight plans.
Unless the FAA can show that changes had to be made to eventually get approval for those modifications, the FAA statement that "safety" is their top priority seems to be inapplicable to these particular issues.
This is starting to look like an ego battle between bureaucrats and Musk.
I am sure Musk would rather pay a few hundred thousand dollars in fines and launch on schedule, so this isn't really about changing behavior at SpaceX. It seems to be more about trying to prove who is "the boss".
Or, maybe it is a ploy for the FAA to get more funding so they can be faster?
It certainly smells more like political posturing than public safety assurance. -
Dr. Evil So Boeing Starliner can send a pile of junk to space leaking the whole way, be forced to leave the most precious cargo in space up there, have 1.6 billion dollars in overruns with the first Starliner launch coming, after delays, late by 4 years and they feel the need to mess with SpaceX? Seems like only one company is actually doing anything. The government is not doing its job by supplying quick enough responses to changes. Boeing dropped the ball and now with the strike will never be a threat to SpaceX because they are already years behind. SpaceX rulesReply -
Unclear Engineer And Musk has replied that he intends to sue the FAA for "regulatory overreach". See https://www.axios.com/2024/09/17/elon-musk-spacex-fines-faa-violations .Reply
So far as I have seen FAA's justifications for its legal actions, it seems that SpaceX has a strong case about the FAA getting into issues beyond its enabling legislation. And, it is apparently a matter of slow decision-making rather than disagreement with the actual procedural and physical factors that is causing delays for SpaceX.
The recent U.S. Supreme Court decision to set aside the "Chevron Defense" for regulatory agencies to be presumed correct in their technical positions probably encouraged Musk to make his decision to fight the FAA.
But, an ego battle between the government regulators and the county's leading (by far) provider of launches is not good for either SpaceX or the country. -
COLGeek Musk would not be the first someone to sue a federal agency, even the FAA. Lets see where this go before getting all worked up.Reply
In spite of suspicions and speculation, FAA decisions are not political. Don't let support of SpaceX skew reality, folks. -
North42 Government time frames and company time frames are not in sync. While waiting around for the government you just might go broke.Reply -
COLGeek
That is true, from a certain perspective. All of those checks/balances/processes take time.North42 said:Government time frames and company time frames are not in sync. While waiting around for the government you just might go broke.
If it was quicker, there would be other complaints about jumping to conclusions, etc. -
Unclear Engineer The decision to fine SpaceX was definitely not "quick" with respect to the time frame of the actual events that are claimed to be violations.Reply
But, it was very quick in the time frame of Musk publicly complaining about the delay in the StarShip launch license.
As was Musk's announcement that he intends to sue the FAA after they made their announcement about the fines.
No matter what anybody says, their actions are clearly apparent. So, I tend to form my opinions on the basis of what is actually done, with little weight given to what is said by people who are "explaining" how they want me to think differently than what their actions would lead me to believe.