SpaceX has fired back at the Federal Aviation Administration (FAA) over its proposed fines for launch license violations, accusing the agency of delays in approving minor changes.
In a letter sent to the leadership of the House Science Committee and the Senate Commerce Committee on Sept. 19, SpaceX outlined its response to the FAA's $633,000 in fines for two launches in mid-2023.
The FAA cited two specific violations. In one Falcon 9 launch, SpaceX used a new launch control center without approval, skipping a required poll of controllers before launch. In a later Falcon Heavy launch, the company used a new propellant tank farm without approval.
"With respect to these matters, it is notable that in each instance, SpaceX provided AST with sufficient notice of these relatively minor license updates, which had no bearing on public safety," the company stated in the letter. "The fact that AST was unable to timely process these minor updates underscores systemic challenges at AST."
For the Falcon 9 launch, SpaceX said it submitted a modified communications plan to the FAA on May 2, 2023, including the new location of the launch control center, but did not receive feedback until June 13. The FAA told SpaceX there were too many changes in the plan for it to approve in time for the June 18 launch.
SpaceX then sent a revised plan on June 15, changing only the location, which the company argued was a "continuing accuracy update" not needing approval. The agency did not complete approval of the plan for all of SpaceX's launch licenses until August 20.
The company was also fined for not conducting a required poll at the T-2 hour mark before launch, despite regulations not requiring such a poll. SpaceX claimed it conducts polls later in the countdown.
Regarding the Falcon Heavy launch, SpaceX noted the new propellant tank farm, moved to enhance public safety, was approved by range safety authorities. The FAA granted a waiver for the tank farm's use for a Falcon 9 launch from the same pad a month later. The FAA formally granted approval "several months" after that.
SpaceX emphasized that the FAA initially did not stop launch operations for the mission using the unapproved tank farm. Even when the agency intervened later, its leadership ultimately did not direct SpaceX to halt the launch or revoke its license.
The letter, signed by SpaceX vice president David Harris, suggested that the FAA imposed the fines for political reasons. It referenced a Sept. 10 hearing by the House Science Committee's space subcommittee on licensing delays. "It is notable that these violations and penalties were announced shortly after increased scrutiny on AST by Congress for its failure to reasonably and timely execute its regulatory obligations," the letter stated.
SpaceX also criticized the FAA's press release on the fines, which included a quote from the agency's chief counsel, a political appointee. "It is highly irregular, and perhaps unprecedented," the letter said.
One industry source, speaking on background, questioned SpaceX's claim, noting that it requires the FAA to respond quickly to congressional criticism while also being accused of regulatory slowdowns.
SpaceX CEO Elon Musk called the fines "lawfare" and "politically motivated" on social media. He vowed to sue the FAA, although the company has yet to file a lawsuit.