The Federal Aviation Administration proposed $633,009 in civil penalties against SpaceX for alleged safety violations during two launches from Florida in 2023. Specifically, the FAA charges that SpaceX used an unauthorized communications plan and unauthorized launch control center for a June 2023 launch, failed to conduct a required launch readiness poll two hours prior to that same launch, and also used an unauthorized propellant farm for a July 2023 launch.
SpaceX rebutted this argument, stating it provided adequate notice about the changes to the FAA; however, the agency was slow to process the updates. Besides, the company maintained that the cited violations were “relatively minor” and did not relate to public safety. Elon Musk, its CEO, accused the FAA of “regulatory overreach” and also described the proposed fines as “lawfare” against the company. The company intends to sue the FAA over the issue.
The controversy makes more specific the deeper friction between SpaceX and the FAA on issues of regulation, including delays to the testing of SpaceX’s Starship megarocket. For its part, SpaceX suggests this is, at least in part, because the FAA has been unable to keep pace with the rapid progress of the commercial space industry. It implies that Congress might need to act by providing either more FAA resources or, alternatively, streamlining the licensing process.
The fight also has put a spotlight on an unusual lack of transparency from the two sides, with public statements referencing private facts and the two sides arguing, in effect, by insinuation rather than clear public information about the specifics of the disagreement. Indeed, recent Congressional hearings have further put a spotlight on the issue with lawmakers stepping in to address regulatory challenges facing the commercial space industry.
As it plays out, the ultimate outcome of this battle of the wills could have a major effect on the future of commercial spaceflight and what kinds of possibilities may be open to regulatory oversight in the United States.
UPDATE: SpaceX had gotten approval from NASA to launch just yesterday, and they put their foot in the door when it comes to innovations by catching a booster out of MID-AIR.
