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SpaceX ‘strongly rejects’ FAA’s conclusion it violated launch requirements

WASHINGTON: SpaceX said Thursday it “strongly rejects” a Federal Aviation Administration finding that Elon Musk’s company failed to comply with U.S. regulations during two rocket launches. It was fined $633,000 for the alleged violations.

The FAA on Tuesday criticized SpaceX’s actions ahead of launches in June and July 2023 from Cape Canaveral, Florida, prompting Musk to call the fines politically motivated and threaten to sue to challenge them.

Musk has been chafing for years at what he sees as government inefficiency and has fought federal regulators. SpaceX must get FAA approvals for launches and new technologies.

Late Thursday, Musk said FAA leaders had attacked SpaceX “for minor issues that have nothing to do with safety while neglecting real safety issues at Boeing. This is deeply wrong and puts lives at risk.”

Musk cited NASA’s decision not to allow astronauts to return to Earth in Boeing’s Starliner spacecraft after a three-month test mission that was cut short by technical issues. “Instead of fining Boeing for putting astronauts at risk, the FAA fining SpaceX for trivia!” Musk wrote on X.

Neither the FAA nor Boeing responded to requests for comment on Musk’s post on X.

David Harris, SpaceX’s vice president of legal affairs, sent a letter Wednesday to the leaders of the two congressional committees that oversee the FAA, elaborating on the company’s concerns and assuring its commitment to safety.

“SpaceX vehemently rejects the FAA’s claim that it violated any regulations,” Harris wrote.

The FAA, Harris wrote, has failed to keep up “with the growth of the commercial spaceflight industry,” and he suggested the fine may be the agency’s response to increased congressional scrutiny of the FAA’s oversight of the commercial spaceflight industry.

SpaceX said it has been clear for some time that the FAA’s Office of Space Affairs “does not have the resources to review licensing materials in a timely manner” and “misguidedly focuses its limited resources on areas outside the scope of public safety regulation.”

When asked about the letter, the FAA said it “does not comment on active enforcement matters.”

In proposing the penalties, the FAA said SpaceX failed to obtain approval to change a communications plan related to its launch license for an Indonesian telecommunications satellite in June 2023. The agency said SpaceX added a new launch control room without approval and removed a mandatory phone call between the company, the FAA and other launch personnel regarding pre-launch readiness procedures.

SpaceX said the FAA failed to review the changes in a timely manner before launch, even though the agency was given six weeks’ notice, and added that the changes it made did not require regulatory approval.

The FAA also found that SpaceX used an unapproved network of fuel tanks that send fuel to the rocket ahead of a July 2023 launch of a communications satellite for Echostar. SpaceX said the FAA subsequently approved the use of that network of tanks for a subsequent launch and determined it would not impact safety.

SpaceX has 30 days to formally respond to the FAA.

In February 2023, the FAA proposed a $175,000 civil penalty against SpaceX for failing to provide the agency with certain safety data before the August 2022 launch of its Starlink satellites. The company paid the penalty, according to the FAA.

In September 2023, the FAA concluded its investigation into SpaceX’s April 2023 test launch of its giant Starship rocket, requiring the company to implement dozens of corrective measures.

Republican presidential candidate Donald Trump has said he would establish a commission on government efficiency chaired by Musk if he wins the Nov. 5 election. Musk has endorsed Trump.