The head of the Federal Aviation Administration on Tuesday defended a decision to delay the launch of SpaceX’s Starship because the company failed to meet permitting and licensing requirements, just days after Elon Musk complained that FAA bureaucracy was hampering the company’s ambitions.
Mike Whitaker, the FAA administrator, told lawmakers on the House Transportation Committee that his decision to delay SpaceX’s launch by several months was based on safety. He defended the $633,000 fine his agency has proposed for SpaceX as the “only tool” the FAA has to ensure Musk’s company complies with regulations.
The fine is related to two launches SpaceX conducted in 2023 using plans that were not approved by the agency. The FAA separately decided to delay SpaceX’s fifth test launch of its Starship mega-rocket for failing to follow launch licensing procedures.
“The Starship delay is due to SpaceX filing an application and not disclosing whether [they] “We violated Texas and federal law on a number of counts. That is a requirement to get a license,” Whitaker said.
Whitaker’s defense came in response to questions from Rep. Kevin Kiley (R-Calif.), who asked whether the FAA is exerting “unnecessary control” over SpaceX and hurting innovation.
Whitaker explained that the launch delay in particular — moved to November instead of August as Musk had hoped — has to do with permitting laws regarding space launches and an updated analysis of the sonic boom environment covering a larger area around Musk’s launch site in Boca Chica, Texas, which requires the FAA to first consult with the Fish and Wildlife Service.
SpaceX will attempt to return the rocket booster to the Boca Chica site for the first time after it has been separated from the Starship vehicle. The re-entry into the atmosphere could cause a sonic boom that disrupts nature.
Kiley argued that those assessments have nothing to do with safety, prompting Whitaker to fire back: “I think the sonic boom analysis is a safety-related incident. I think the two-month delay is necessary to meet launch requirements, and I think that’s an important part of safety culture.”
When Kiley asked what could be done to move the launch forward, Whitaker said, “Complying with regulations would be the best path.”
During the hearing, Whitaker also said that a safety management system that helps detect and mitigate risks — as required by airlines and manufacturers such as Boeing — would benefit SpaceX and “should exist in commercial space generally.”
Whitaker did not respond to questions from reporters after the hearing about whether he had spoken to Musk about the incidents, but reiterated that whether it was companies like Boeing or SpaceX, they should have the “same oversight” and implement safety management systems, even on a voluntary basis.
Musk said last week that he was taking his issue with the agency to Congress. In a letter to the leadership of the Senate Commerce Committee and the House Science Committee, SpaceX attorney David Harris offered a point-by-point rebuttal to the FAA’s alleged story about SpaceX’s violations during two launches last year.
“SpaceX strongly rejects the FAA’s assertion that it has violated any regulations,” Harris said. Musk posted the letter on X, in which he criticized the FAA for interfering in “minor matters that have nothing to do with safety.”
Musk also said the government should instead focus on the flawed Starliner program. The spacecraft is made by Boeing and operated by NASA, not the FAA.
