PARIS — The U.S. Federal Aviation Administration has announced its intention to fine SpaceX more than $633,000 for two violations of its launch license in 2023. SpaceX CEO Elon Musk said he will fight the decision in court.
On September 17, the FAA announced that it would fine SpaceX $633,009 for violating the terms of its launch licenses during the launch of the Satria-1 (PSN Satria) broadband satellite aboard a Falcon 9 in June 2023 and the launch of the Jupiter-3 (EchoStar 24) broadband satellite aboard a Falcon Heavy in July 2023. Both launches were successful.
In its enforcement notice to the company for the Satria 1 launch, the FAA said SpaceX had requested changes to its communications plan in May 2023 to use a new launch control center at the company’s Hangar X facility at the Kennedy Space Center and to eliminate the need to vote for launch controllers two hours before launch.
The FAA notified SpaceX shortly before the scheduled launch that it could not approve the changes and amend its license in time, but the enforcement notice did not state why. SpaceX used the Hangar X control center to skip the “T-2 time” vote for the launch.
The FAA concluded that SpaceX violated two conditions of its launch permit that carry civil penalties of up to $283,009 each. The FAA said it plans to fine SpaceX a total of $350,000 for this launch.
A month later, SpaceX launched Jupiter-3 using a Falcon Heavy, but nine days before the launch, the company requested a modification to its launch license to allow it to use a new tank farm for RP-1 fuel at Launch Complex 39A at Kennedy Space Center, according to a separate enforcement notice.
The FAA notified SpaceX two days before the scheduled launch that it could not amend its license in time, but SpaceX still used a new tank farm for the launch. The FAA said it was proposing to impose the maximum penalty of $283,009 on SpaceX for the violation.
“Safety is paramount in all the FAA’s activities, including our statutory responsibility for safety oversight of companies that hold commercial space transportation licenses,” FAA Chief Counsel Mark Nichols said in a statement. “There are consequences when companies fail to comply with safety requirements.”
In both cases, SpaceX must respond within 30 days, with the option to participate in “informal meetings” with agency lawyers and submit information explaining what happened.
But Musk suggested SpaceX would sue the FAA rather than use that administrative process: “SpaceX will be suing the FAA for regulatory overreach,” he wrote on his social media platform, X.
In another post, Musk claimed the fine was an FAA “legal war” against SpaceX. “I am confident that the investigation will uncover improper and politically motivated actions by the FAA,” he said, without providing any evidence to support his claim.
In another post, Musk seemed perplexed by the FAA’s authority. “Shockingly, Boeing wasn’t fined for Starliner!” he wrote. “The FAA’s space division is harassing SpaceX with nonsense that doesn’t affect safety, while giving Boeing immunity even after NASA concluded that its spacecraft was not safe enough to bring astronauts home.”
For commercially crewed missions, like the Starliner crew flight test mission, crew safety is the responsibility of NASA, not the FAA. “While the FAA partners with NASA during these missions and is responsible for public safety through the commercial space licensing process, NASA is responsible for the safety of the crew,” the FAA said.
The “learning period” also limits the FAA’s authority to enact safety regulations for spaceflight participants. The period, which was established in late 2004, has been extended several times and now runs until the end of 2024. The FAA has limited authority to regulate the safety of crew members who operate spacecraft and do not pose a danger to the public.
The proposed fine is not the first that the FAA has imposed against SpaceX. In February 2023, the FAA issued a similar notice to SpaceX for violating the terms of its launch license for a Falcon 9 Starlink launch six months earlier. At that time, SpaceX failed to submit launch crash analysis trajectory data at least seven days before the launch, as required by the terms of the license. The FAA proposed a $175,000 fine.
SpaceX has also been fined by other agencies in connection with Starship launch activities at StarBase in Boca Chica, Texas. The Environmental Protection Agency announced on September 10 that it would fine SpaceX $148,378 for violating the Clean Water Act. The fines include discharging wastewater from the launch drainage system on the launch pad without proper permits, as well as a separate earlier incident in which the company spilled liquid oxygen into a protected wetland at the facility.
The EPA noted that the proposed fine is the result of “settlement negotiations” with SpaceX. The settlement proposal is open for public comment until October 21.