SpaceX rebukes FAA chief’s safety criticism

Elon Musk’s SpaceX pushed back against testimony from FAA Administrator Michael Whitaker, claiming “every statement” he made Tuesday about the aerospace company’s alleged safety violations was “incorrect.”

In a letter to Rep. Kevin Kiley (R-Calif.), who sits on the House Transportation Committee, a senior executive with SpaceX wrote it is “deeply concerning” Whitaker “does not appear to have accurate information immediately available to him with respect to SpaceX licensing matters.”  

“In responding to your questions, Administrator Whitaker made several incorrect statements today regarding SpaceX. In fact, every statement he made was incorrect,” Mat Dunn, senior director of global government affairs, wrote in the letter.

Kiley, during a Transportation Committee hearing Tuesday, pressed Whitaker on whether the FAA is placing “undue scrutiny” on Space X. He specifically asked about the $633,009 fine the agency proposed against SpaceX for allegedly failing to follow its license requirements during launches in June and July of last year. 

“I think safety is in the public interest, and that’s our primary focus,” Whitaker told Kiley.

He later added, “I think SpaceX has been a very innovative company, but I think they’re also a mature company. They’ve been around 20 years, and I think they need to operate at the highest level of safety and that includes adopting (a safety management system) program, that includes having a whistleblower program.”

Whitaker said SpaceX “launched without a permit,” in reference to the two launches last year in Cape Canaveral, Fla. “It’s the only tool we have to get compliance on safety matters.”  

SpaceX rejected this claim, stating it was “fully licensed” to launch the Falcon missions and maintained the company receives FAA licenses for all missions.  

“SpaceX is the safest, most reliable launch provider in the world, and is absolutely committed to safety in all operations,” the letter read.  

Whitaker also claimed SpaceX “moved a fuel farm closer to the population,” and did not perform risk analysis related to the launch. SpaceX denied both assertions.  

SpaceX said it moved the fuel farm “more than twice the distance from the nearest publicly accessible area,” and sent the required analysis to the FAA, which approved the new location. 

Kiley also asked Whitaker about the delay of the Starship 5 launch, which Whitaker said was due to SpaceX’s failure to provide an updated sonic boom analysis and comply with Texas law. 

“I think the two-month delay is necessary to comply with the launch requirements, and I think that’s an important part of safety culture,” Whitaker said. 

SpaceX said it handed over its most recent sonic boom area data to the FAA and, despite showing “no new environmental impact,” is working in consultation with the Fish and Wildlife Service (FWS), which could lead to a two-month delay.

“This is a paperwork exercise that could be swiftly addressed between agencies as a minor paperwork update,” the letter wrote.  

The Hill reached out to the FAA for further comment.  

Tuesday’s letter marks the latest escalation in tensions between the FAA and SpaceX owner Musk, who argued last week that the FAA is spending  “their resources attacking @SpaceX for petty matters that have nothing to do with safety.”  

Musk also accused the FAA of “neglecting real safety issues” at aerospace company Boeing, which has faced mounting scrutiny from lawmakers this year following a midair blowout on a flight last January and two fatal plane crashes in 2018 and 2019.  

Whitaker on Tuesday said the two companies should be treated the same.  

“I think Boeing and SpaceX should have the same oversight. They should all have SMS (safety management systems). They should all have whistleblower programs,” he said.