SpaceX’s first high-altitude test flight of its Starship rocket, which launched successfully but exploded in a failed landing attempt in December, violated the terms of its Federal Aviation Administration test license, according to two people familiar with the incident. Both the explosion of the landing and the breach of the license led to a formal investigation by the FAA, prompting regulators to hastily examine Elon Musk’s Mars rocket test campaign.
The December launch test of the prototype of the starship “Serial Number 8” at SpaceX’s facilities in Boca Chica, Texas, was hailed by Musk as a success: “Mars, here we go !!” the chief executive tweeted moments after the rocket exploded on its landing, celebrating with his followers the successful rise of the SN8 13 km high. The FAA, which oversees ground security and issues licenses for private launches, was not so happy.
The so-called accident investigation opened that week, focusing not only on landing the explosive, but on SpaceX’s refusal to comply with the terms of the FAA authorized, the two people said. It was not clear that part of the test flight violated the FAA license, and an FAA spokesman declined to specify in a statement to the The Verge.
“The FAA will continue to work with SpaceX to evaluate additional information provided by the company as part of its application to modify its launch license,” said FAA spokesman Steve Kulm on Friday. “While we recognize the importance of acting quickly to promote growth and innovation in the commercial space, the FAA will not compromise its responsibility to protect public security. We will approve the modification only after we are satisfied that SpaceX has taken the necessary steps to comply with regulatory requirements. “
Intensified scrutiny by regulators after the launch pad show played an important role in preventing the last attempt to test SpaceX’s “SN9” spacecraft, which the company said would take place on Thursday. The 16-story shiny steel alloy rocket was loaded with fuel and ready to fly. But at the time, FAA officials were still going through the license review process for the test because of several changes that SpaceX made to its license application, a source said. Musk, frustrated with the process, went to Twitter.
“Unlike its aircraft division, which is doing well, the FAA space division has a fundamentally broken regulatory structure,” he tweeted on Thursday. “Its rules are aimed at a handful of expendable launches a year from some government facilities. According to these rules, humanity will never reach Mars. “
The license violation (and subsequent license review process) has increased tensions between SpaceX and the world’s largest transport agency. For years, Musk and others in the space industry have lamented the age-old US regulatory framework for launch licensing, as innovation and competition in space soar. In response, the United States Department of Transportation – which delegates its launch oversight functions to the FAA – released new simplified launch licensing regulations last year. They have not yet taken effect.
In the meantime, Musk’s tweet, calling the FAA to his 44 million followers, was the latest embodiment of the billionaire’s disgruntled attitude towards regulators dealing with the rapid pace of business development.
SpaceX, founded by Musk in 2002, sued the Air Force twice, once successfully in 2014 for the right to compete for Pentagon launches, and once unsuccessfully in 2018 for losing competitive development funds to Starship and other company rockets. In 2018, when he was fined $ 20 million by the Securities and Exchange Commission for allegedly misleading Tesla investors via Twitter, Musk said 60 minutes, “I don’t respect the SEC. I don’t respect them. ”
A few hours before the SN8 Starship test in December, while Musk was in Boca Chica securing approval for the FAA license that SpaceX ended up violating, he was invited in a virtual interview with Wall Street Newspaper what role the government should play in regulating innovation. Musk replied, “Often, the best thing the government can do is just get out of the way.”