There have been headlines in the news aggregators for the last couple of days that FAA has announced big fines against SpaceX for alleged safety violations. The number being quoted is $633,000. Today, the story was changed to SpaceX saying they'll sue the FAA for regulatory overreach.
A bit of research reveals the stories behind the fines and I can't help but see this as increasing the lawfare against SpaceX. SpaceNews sums up the situation well. These fines are related to two launches in 2023.
The FAA announced Sept. 17 that it notified SpaceX of $633,009 in proposed fines for violating terms of its launch licenses during the June 2023 Falcon 9 launch of the Satria-1, or PSN Satria, broadband satellite and the July 2023 Falcon Heavy launch of Jupiter-3, or EchoStar-24, broadband satellite. Both launches were successful.
The exact details of both incidents are rather different. What they share in
common is that SpaceX wanted to make a change to maintain or improve their
operations and the FAA couldn't keep up with SpaceX.
In the Satria-1 case, SpaceX had requested changes to the FAA in May of 2023 to (1) allow the use of a new launch control center in the company’s “Hangar X” facility at the Kennedy Space Center and (2) they wanted to skip a poll of launch controllers at two hours before liftoff, apparently believing it wasn't really adding any value to their operations.
The FAA notified SpaceX "shortly before the scheduled launch" that it would not be able to approve those changes and modify the license in time, although the notice didn't state why. The article from SpaceNews never says exactly how close to the launch SpaceX was notified that the FAA would not modify their launch license to allow these two things. With no approval, someone decided to just go ahead and do what they needed to do. The FAA is fining them $350,000 for that launch.
The July Falcon Heavy launch isn't exactly the same, but "it rhymes."
Nine days before the launch, SpaceX asked the FAA for a modification to its
launch license to allow it to use a new tank farm for RP-1 fuel at KSC’s
Launch Complex 39A. The FAA notified SpaceX two days before the scheduled
launch that they would not be able to modify the license in time, but SpaceX
went ahead and used the new tank farm for the launch. The FAA is fining
them $283,009 for that launch violation.
The FAA insists that their actions are always motivated by safety but it's hard for me to see any safety connection.
In the first case, nobody in their right mind would put a new launch control center in operation without testing it through every imaginable situation, nor would taking a poll of controllers at T-2 hours when there's a completely redundant such poll later in the countdown add anything. These polls are summaries of real time checks and tests, they really aren't what determines Go or No Go. Problems are found throughout the countdown.
In the second case, they used a new fuel tank. So what? Again, nobody that's going to work around one of those tanks, or depend on them for mission success, would put a tank in operation without testing it every way imaginable.
For both incidents, SpaceX has 30 days to respond, with the option of participating in an “informal conference” with agency attorneys and submitting information to explain what happened.
Musk, though, suggested SpaceX would take the FAA to court rather than use those administrative procedures. “SpaceX will be filing suit against the FAA for regulatory overreach,” he posted on X, the social media platform he also owns.
Musk claimed in other posts the fines were “lawfare” by the FAA against SpaceX. “I am highly confident that discovery will show improper, politically-motivated behavior by the FAA,” he argued, but provided no evidence to support his claim.
The Falcon Heavy launch of the Jupiter-3 Satellite, July 28, 2023. Image credit: SpaceX
It may be lawfare or it may simply be the exceptional egotism all federal regulators seem to have. They're not good enough to grade SpaceX, they're not good enough to understand what a leading edge company like SpaceX is doing, but their egos say they are.