SpaceX suffering unjust retaliation

Elon Musk’s Space Exploration Technologies Corp., or SpaceX, became a political target this month. Recent regulatory action by the Federal Aviation Administration bears all the hallmarks of ex post facto rules. That, and the apparently selective application of the agency’s rules, has provoked Congress to investigate. This high drama has caused many to notice that the company’s troubles began shortly after Musk did something no defense contractor CEO has ever done before: to endorse the candidacy of a political rival to the incumbent President and Vice-President. But it’s also the latest in a series of selective applications of policy, public and private. These selective applications suggest that the political divide might soon become an economic one as well.

The SpaceX launch at issue

Everyone knows, or should know, the history of SpaceX, and how, in 2010, it became the first aerospace company to deliver a payload to the International Space Station using a cargo capsule the company developed without direction from NASA or any government agency. SpaceX is also famous for reusable rockets, and the fastest “launch cadence” of any space program, public or private. In fact, SpaceX is running its own space program, flying missions for NASA and other space agencies and companies. All this is in service of the primary goal to settle human beings on Mars, making humanity a “multiplanetary species.”

The trouble started with SpaceX’ June 18, 2023 launch of a communications satellite for an Indonesian company (PSN). SpaceX used a Falcon 9 rocket, with a single recoverable booster.

The FAA regulates space launches ostensibly because they typically fly through the regular airlanes. Its Office of Commercial Space Transportation (unaccountably abbreviated AST) performs these regulatory tasks. Actually they have this responsibility because Congress has never created another agency to do this duty. In any case, SpaceX had problems securing approval of its “communications plan” prior to the launch. The problems apparently stemmed from the FAA’s dawdling on the approval application, and then accusing SpaceX of providing insufficient notice. The only issue with the plan was the location of the Launch Control Center at the Kennedy Space Center complex.

SpaceX lofted that satellite on time. Why the records show more negotiations after the launch, is not clear.

Another issue a month later

On July 28, 2023, SpaceX launched a much heavier payload, called EchoStar 24 and Jupiter 3. For that they used the Falcon Heavy rocket, which features three boosters. Given the heavier payloads, SpaceX normally recovers the two side boosters but expends the central core booster, along with the second stage.

At issue this time was the “tank farm” that stores rocket fuel (a special form of kerosene) for loading into the boosters. (Falcon 9 and Falcon Heavy boosters still use Rocket Propellant 1, or RP-1. The company’s new heavy-lift rocket ship will use liquid methane.) SpaceX moved its RP-1 tank farm to a place away from a dangerous source of heat. The FAA quibbled about the change of location. This should have required no more than a week’s consideration. Why did the FAA need months to consider this problem?

In fact the FAA sent a letter two days before launch saying they couldn’t approve the new farm location in time. But they did not instruct SpaceX to scrub the mission. Yet they had a letter hand-delivered to the company while the countdown was under way. In a frantic call, controllers urged the FAA to let the launch go on, as to try to stop it then would create a greater danger to the public. Top men at the FAA agreed to this, and the launch took place.

More than a year later: fines!

Now, more than a year later (September 17), the FAA proposed to impose $633,009 in fines for three alleged violations:

1. Use of an unapproved Communications Plan for the June 18 PSN launch.
2. Failure to conduct a readiness poll two hours before that same launch. (In fact, SpaceX conducted that poll later in the countdown but in advance of propellant loading. Current regulations do not require a “T minus two hour” poll.)
3. Operating an RP-1 propellant farm at an unapproved location for the July 28 EchoStar 24/Jupiter 3 launch.

Among the first to report these fines was Jordan “The Angry Astronaut” Wright.

Six days earlier, Wright had reported that the FAA had issued another unfavorable decision relating to SpaceX’ heavy-lift development project. The fifth test flight of a prototype of its heavy lifter, which the company calls Starship, will take place no earlier than late November.

Are the two actions related? Ostensibly, they’re not. At issue is whether the “water deluge” system at the Starship proving ground at Boca Chica, Texas, contaminates the local environment with water mixed with rocket-engine exhaust. But as several commenters point out, liquid methane and oxygen burn a lot more cleanly than, say, rocket kerosene, or an old Space Shuttle Solid Rocket Booster. But the extent, of any, of contamination is in sharp dispute, with no sign of settlement.

The fines came down six days later. Coincidence? Not according to this well-known rule:

Once is happestance, twice is coincidence, and the third time it’s enemy action. Ian Fleming

SpaceX goes to Congress

At first, SpaceX suggested they would sue the FAA, charging “regulatory overreach.” This provoked Jordan Wright to tell him publicly to “pay the two dollars.”

Not long afterward, Wright, taking note of continued activity at Boca Chica, suggested Musk might be planning the greatest act of civil disobedience in America since the Boston Tea Party.

True enough, $633,009 in fines is a trifle compared even to SpaceX’ revenue stream. But for a man like Elon Musk, it’s not the money, but the principle. The citations behind the finds look like an ex post facto application of agency rules. Furthermore, while this drama has played out, a legacy company (Boeing) has left two astronauts stranded aboard the International Space Station. Recently SpaceX sent a crew capsule to the ISS to fetch them back to Earth.

Bear this in mind when considering what happened next. SpaceX sent a four-page letter to the Chairs and Ranking Members of the House Science, Space and Technology Committee and the Senate Commerce, Science and Transportation Committee. In it he laid out all his troubles with the FAA concerning those two launches. The company shared the letter on X, with this preamble:

For nearly two years, SpaceX has voiced its concerns with the FAA’s inability to keep pace with the commercial spaceflight industry. It is clear that the Agency lacks the resources to timely review licensing materials, but also focuses its limited resources on areas unrelated to public safety.

These distractions continue to directly threaten national priorities and undercut American industry’s ability to innovate.

For nearly two years, SpaceX has voiced its concerns with the FAA’s inability to keep pace with the commercial spaceflight industry. It is clear that the Agency lacks the resources to timely review licensing materials, but also focuses its limited resources on areas unrelated to… pic.twitter.com/2NJu00ZLiW— SpaceX (@SpaceX) September 19, 2024

Congress holds a hearing

This prompted the House committee to hold a hearing on September 24. At that hearing, FAA Administrator Michael Whittaker actually said SpaceX had launched a satellite without a permit! That, says SpaceX, is counterfactual.

FAA Administrator Whitaker made several incorrect statements today regarding SpaceX. In fact, every statement he made was incorrect.

It is deeply concerning that the Administrator does not appear to have accurate information immediately available to him with respect to SpaceX licensing matters.

FAA Administrator Whitaker made several incorrect statements today regarding SpaceX. In fact, every statement he made was incorrect.

It is deeply concerning that the Administrator does not appear to have accurate information immediately available to him with respect to SpaceX… pic.twitter.com/OrtMUvnCNI— SpaceX (@SpaceX) September 24, 2024

Furthermore, Rep. Kevin Kiley (R-Calif.) accused Whittaker on his own of lying at the hearing.

FAA Administrator Whitaker made a number of false statements in his testimony about SpaceX. Either he doesn’t know what’s going on at his agency or he deliberately deceived Congress. I’ve asked him which it is. Either possibility calls into doubt his fitness to lead the FAA.

FAA Administrator Whitaker made a number of false statements in his testimony about @SpaceX. Either he doesn’t know what’s going on at his agency or he deliberately deceived Congress.

I’ve asked him which it is. Either possibility calls into doubt his fitness to lead the FAA. pic.twitter.com/lW2KcOnItT— Rep. Kevin Kiley (@RepKiley) September 25, 2024

Whittaker also said his agency must hold SpaceX to the same standards as Boeing. That has provoked alternating guffaws and snarls from every observer except Jordan Wright.

NEWS: FAA Chief Mike Whitaker gets his facts all wrong in front of Congress but says SpaceX must operate at the “highest level of safety” which, according to the evidence presented by SpaceX, means waiting for months on the FAA to consult on minor paperwork updates relating to previously approved non-safety issues that have already been determined to have zero environmental impact.

SpaceX is by far the safest, most reliable launch provider in the world, and remains absolutely committed to safety in all operations.

NEWS: FAA Chief Mike Whitaker gets his facts all wrong in front of Congress but says @SpaceX must operate at the “highest level of safety” which, according to the evidence presented by SpaceX, means waiting for months on the FAA to consult on minor paperwork updates relating to… pic.twitter.com/0BkS30xvGm— ALEX (@ajtourville) September 25, 2024

Wright continues to give the FAA the benefit of all doubt and suggest SpaceX was in the wrong. He also darkly hints that Musk might be planning to leverage a Cabinet position in a second Trump administration to take revenge on the FAA. Wright suggests that would be all very well – until, four years later, someone else would be President.

Trump wouldn’t be President. But we have no reason to suppose his successor would be as unsympathetic to SpaceX or Muck as Biden and Harris have turned out to be. In any case, maybe Jordan Wright thinks Whittaker is in the right and SpaceX in the wrong. But Reps. Kiley and Keith Self (R-Texas) do not agree. Even before SpaceX sent its letter to those two Representatives and Senators, Rep. Self accused the FAA of foot-dragging.

Today, I sent a letter strongly encouraging FAA Administrator Michael Whitaker to accelerate the agency’s environmental review of SpaceX’s project in Texas.

Texas must be allowed to continue to play a vital role in America’s space enterprise. 🚀🇺🇸

Today, I sent a letter strongly encouraging FAA Administrator Michael Whitaker to accelerate the agency’s environmental review of @SpaceX’s project in Texas.

Texas must be allowed to continue to play a vital role in America’s space enterprise. 🚀🇺🇸 pic.twitter.com/ioRiK25Ty8— Rep. Keith Self (@RepKeithSelf) September 17, 2024

Why SpaceX might be a political target

Many commenters suspect politics, and politics might indeed be the motive. Elon Musk publicly endorsed Donald J. Trump for President over the summer. He didn’t always; two years ago he was calling for Trump to retire permanently into private life. But he also said then that Democrats shouldn’t make returning to office a matter of Trump’s personal survival.

I don’t hate the man, but it’s time for Trump to hang up his hat & sail into the sunset.

Dems should also call off the attack – don’t make it so that Trump’s only way to survive is to regain the Presidency.— Elon Musk (@elonmusk) July 12, 2022

Of course, Democrats pressed their attack. Yet neither Trump nor Musk has mentioned Julius Caesar crossing the Rubicon.

Let the dice fly high! Gaius Julius Caesar

Last Thursday, Musk, thoroughly angry over the SpaceX and FAA affair, repeated his endorsement of Trump in no uncertain terms.

America is being smothered by ever larger mountains of irrational regulations from ever more new agencies that serve no purpose apart from the aggrandizement of bureaucrats.

Humanity, and life as we know it, are doomed to extinction without significant regulatory reform. We need to become a multiplanet civilization and a spacefaring species!

This is my absolute showstopper for why Kamala and the giant government machine that is her legion of puppetmasters cannot win.

Trump or doom. This is the fork in the road of destiny.

America is being smothered by ever larger mountains of irrational regulations from ever more new agencies that serve no purpose apart from the aggrandizement of bureaucrats.

Humanity, and life as we know it, are doomed to extinction without significant regulatory reform. We… https://t.co/FHuMShwTMa— Elon Musk (@elonmusk) September 26, 2024

Again, at least two Members of Congress have expressed agreement. So has the Governor of Texas.

SpaceX is actively pursuing launch, as well as recovery, at sea – in international waters. But one more thing is worth considering. SpaceX is one of several companies Elon Musk owns, that he has been re-headquartering in Texas. Platform X was the latest; the others are Tesla, Boring (tunnel boring, that is), xAI, and soon, Neuralink. Musk actually went from encouraging Donald Trump to retire to private life, to calling him the last hope for civilization. If Trump loses the Election of 2024 – or someone kills him – Musk might be ripe for recruitment into another cause. Might Musk become the prime automotive, cybernetic, and aerospace contractor for a breakaway Republic of Texas?