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Did SpaceX's Explosive Starship Test Violate Its Launch License? (theverge.com) 211

The Verge reports that SpaceX's first high-altitude test flight of its Starship rocket, "which launched successfully but exploded in a botched landing attempt in December, violated the terms of its Federal Aviation Administration test license, according to two people familiar with the incident." Both the landing explosion and license violation prompted a formal investigation by the FAA, driving regulators to put extra scrutiny on Elon Musk's hasty Mars rocket test campaign. The so-called mishap investigation was opened that week, focusing not only on the explosive landing but on SpaceX's refusal to stick to the terms of what the FAA authorized, the two people said. It was unclear what part of the test flight violated the FAA license, and an FAA spokesman declined to specify in a statement to 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," FAA spokesman Steve Kulm said Friday. "While we recognize the importance of moving quickly to foster growth and innovation in commercial space, the FAA will not compromise its responsibility to protect public safety. We will approve the modification only after we are satisfied that SpaceX has taken the necessary steps to comply with regulatory requirements."

The heightened scrutiny from regulators after the launchpad spectacle has played a role in holding up SpaceX's latest "SN9" Starship test attempt, which the company said would happen on Thursday. The shiny steel alloy, 16-story-tall rocket was loaded with fuel and ready to fly. But at the time, FAA officials were still going through their license review process for the test because of several changes SpaceX made in its license application, a source said. Musk, frustrated with the process, took to Twitter.

"Unlike its aircraft division, which is fine, the FAA space division has a fundamentally broken regulatory structure," Musk tweeted on Thursday. "Their rules are meant for a handful of expendable launches per year from a few government facilities. Under those rules, humanity will never get to Mars."

The Verge also notes that Musk was asked by the Wall Street Journal what role government should play in regulating innovation just a few hours before Starship's test in December. Musk's reply? "A lot of the time, the best thing the government can do is just get out of the way."
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Did SpaceX's Explosive Starship Test Violate Its Launch License?

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  • by N1AK ( 864906 ) on Monday February 01, 2021 @03:48AM (#61014592) Homepage
    I'm willing to believe government can stifle innovation, but Musk is the last person I'd trust to give an honest assesment. He's consistently shown that if you aren't for him, he's against you and he'll attack you and facts are irrelevant (the cave diver being a particularly agregious example). He has no problem pulling in billions in indirect government subsidies by selling electric car credits when it suits him, but then bemoans government for getting involved when they pull him up for ignoring their rules.
    • Re: (Score:2, Insightful)

      by airport76 ( 7682176 )
      Whoah, so many things wrong I don't even know where to start. First, the whole diver episode was a reaction to rather insulting comments from the other guy. Concretely he said "he can put his sub where it hurts". Also, Elon won the case. Second, Elon is not pulling billions from the government, but from other car manufacturers, that buy carbon credits from Tesla, because they do not want to (or cannot) produce their own zero-emissions vehicles. And they do so because it is fiscally beneficial for them. C
      • by jeremyp ( 130771 ) on Monday February 01, 2021 @06:28AM (#61014868) Homepage Journal

        He called the diver a "pedo". The other guy wasn't insulting Musk, he was just telling him what he thought about his death tube. There's a slight difference there. Elon won the libel case because the other side screwed up in their tactics.

        Practically nothing Musk says is trustworthy. Read the thread about the delays to the new roadster for lists of examples of him lying, or at least twisting the truth. He's almost never met a deadline he set with Tesla. He lied about having funding to privatise the company. He took money from people for products that don't exist. He made up bullshit bout Hyperloop and the ridiculous electric aeroplane thing.

        At this moment, we (the general public) have no idea what the problem is with the Starship licence. However, I provisionally think Musk's comments are bullshit because his comments usually are bullshit.

         

        • by AmiMoJo ( 196126 )

          He won is libel case because he is rich. He had the best lawyers and an unlimited defence budget. Even if found liable the consequences would have been trivial for him, because he's rich.

          How much effect has that $40M SEC fine had on his tweets?

      • by N1AK ( 864906 )

        Also, Elon won the case.

        I have literally no respect for, or inclination to debate with, someone who either a) actually believes that Musk didn't lie in the twitter posts he made or who b) knows Musk lied but is such a Tesla zealot that they're willing to lie to defend him. I'd be terrified if I lived in a jurisdiction where courts could make that decision with that justification. Liking Tesla, even liking Musk, even thinking Musk was justified in lieing about him are legitimate views; not believing he was l

    • by Ecuador ( 740021 ) on Monday February 01, 2021 @05:03AM (#61014714) Homepage

      Well, I wouldn't exactly trust him with my life, but I would trust Boeing management much much less. And yet the other FAA branch has been giving them a carte blanche for years, with well known results.
      If you buy a huge plot of land, have a proven track record are driving innovation, then fast-tracking your flight plans, even if you make changes to them (this is actual rocket development, not pork-barelling money on iterations of 50 year old designs) should be standard.

      • by Midnight Thunder ( 17205 ) on Monday February 01, 2021 @06:46AM (#61014900) Homepage Journal

        If we are going the Boeing route, airlines are avoiding aircraft built in the Atlanta factory. From what I have read this is because Boeing went with a workforce that had to aircraft industry experience and actively prevented experienced unionised workers from the Seattle plant going to work there.

        For Tesla, they did get a government loan, but it was paid back ahead of schedule, while the old school companies have yet to do so.

        As for SpaceX, he may be abusing things, but at the same time the company is innovating in a way there rest of the space industry is not. On the bright side at least the US has a structure that allows for orbital launches. In the meantime countries like Canada have no framework that would allow a launch from their territory.

        • If we are going the Boeing route, airlines are avoiding aircraft built in the Atlanta factory.

          Since Boeing doesn't actually build aircraft in Atlanta and as best I can tell all they do in the area is operate some kind of nebulous "test facility" with Georgia Tech, I too would avoid planes built at a plant that doesn't exist. But to be serious, I have no idea what you are talking about. I have a vague recollection that Boeing may have a plant in South Carolina. Maybe that is what you mean.

    • by DamnOregonian ( 963763 ) on Monday February 01, 2021 @05:03AM (#61014716)
      Ya. He's a fucking technocratic Trump in that regard, but doesn't suck as an entrepreneur (and is actually quite great at it)
      I still wish someone would take his fucking twitter away. I lose more respect for him every time he spews some stupid ass shit on it because he didn't get his way.
    • Being the wealthiest guy on the planet will make things go to your head.

      This happens if you keep surrounding yourself with ass-kissers and ay-sayers.
    • by ytene ( 4376651 ) on Monday February 01, 2021 @05:28AM (#61014770)
      I read your post in broad agreement, right up to the last sentence:-

      "He has no problem pulling in billions in indirect government subsidies by selling electric car credits when it suits him, but then bemoans government for getting involved when they pull him up for ignoring their rules."

      Isn't this non-equivalence? In the first half of your example, you note [and I agree] that Tesla is able to sell credits to other car companies that allow those competitors to continue to produce and sell gas-guzzlers. Personally, I find this somewhat hypocritical of Tesla: if their aim is to save the planet by migrating away from fossil fuels, they shouldn't be perpetuating the use of fossil fuels in this way.

      But then you note that Musk "bemoans government for getting involved when they pull him up for ignoring their rules".

      Aren't we talking about two different departments in the Federal Government: I *think* (not sure) that it's the EPA that manages the vehicular tax credits, but its the FAA that manages rocket launches. We have to remember that each of these huge federal departments have politically appointed heads, many of whom will have their own priorities or agendas and who will implement strategies that nudge policy in different directions. I don't think its fair to compare these: they're just not equivalent.

      None of which detracts from the fact that this is another case of Musk behaving like an AssHat on Twitter.

      You would think that the SEC sanctions he received would have taught him that lesson. Apparently not.
      • by N1AK ( 864906 )

        Isn't this non-equivalence?

        I don't think so. He specifically said that when it came to innovation it is often best for government to get out of the way; I think it is reasonable to consider electrification of automotives over the last decade as innovation. He may have been talking in the context of just spaceflight but I think it's reasonable to interpret it as his general perspective.

    • In the interest of accuracy the cave diver attacked Musk first not the other way around.
      • by N1AK ( 864906 )
        That has nothing to do with accuracy. Musk made up claims to slander the cave diver and spread them widely because the diver was critical of him; I don't care how you feel about the divers remarks because it doesn't change the fact that Musk will say or do almost anything he wants with no regards to truth it it suits him.
    • He has no problem pulling in billions in indirect government subsidies by selling electric car credits when it suits him

      Do you not understand the economic handles a government have to enact policy? What would you rather, the government use subsidies to drive industry or the government enact heavy handed regulation to force companies to do something?

      However criticising a company for using the economic handles a government has and as a result actually achieving the outcome the government intended is just quite frankly the dumbest thing I've read in the past 2 weeks.

      Let me flip this around back to you: Just WTF do you think gov

  • Fine? (Score:5, Insightful)

    by Malifescent ( 7411208 ) on Monday February 01, 2021 @03:50AM (#61014594)
    The aviation division of the FAA is responsible for the deaths of almost 350 people due to the insufficient oversight of the Boeing 737 MAX. I wouldn't call that 'fine'.
    • by ytene ( 4376651 )
      Well said. Wish my latest batch of mod points hadn't expired yesterday... Have a "virtual" +1 Insightful from me...
  • Yes (Score:4, Interesting)

    by backslashdot ( 95548 ) on Monday February 01, 2021 @04:13AM (#61014624)

    Reusable rockets are not appreciated, Boeing owns the FAA after all. Do you think they'd sit back and allow reusable rockets? They'll lose billions of dollars. I am sure it's worth to them a few million in bribes or worse to get billions in contracts for their disposable rockets.

    • If they're bribing the FAA, then they're clearly not doing it well given how many reusable Falcon 9's have been successfully launched from the United States. Oh, and the billions in contracts that the Falcon 9 is getting from the US government.
  • Mars ? (Score:2, Insightful)

    Living on Mars would be worse than living in a prison on earth. Only a nut would want to live there.
    • Elon wants some Martian city or even nation named after him.

      I myself wouldn't want to go there either, unless there's an option for a return ticket.
    • Re: (Score:2, Insightful)

      by AmiMoJo ( 196126 )

      There is some glory in being the first, or many among the first, to set foot on Mars... but really how many ordinary people could name more than the two crew of Eagle?

      So yeah, it's not a very attractive prospect, especially when Musk says that Earth laws won't apply on Mars which means it's his little kingdom.

      • No theres lots of big fat gov contracts. The main motivation is always money, Elon is hardly a generous person just ask his workers at Tesla how well they are paid or how many holidays they get.
      • Re: (Score:2, Insightful)

        No one in their right mind would want to move to mars, its a living hell, no fresh air, terrible food, its worse than a prison, its hardly a wish or paradise.
    • "Living on Mars would be worse than living in a prison on earth.
      Only a nut would want to live there."

      So you're volunteering?

    • by eth1 ( 94901 )

      Living on Mars would be worse than living in a prison on earth. Only a nut would want to live there.

      Well, you could argue that early humans on earth also had it worse than modern prison inmates, until technology and infrastructure was developed to bring the living standards up...

      The difference with Mars is that you'd have a choice of whether or not to go there.

  • by SharpFang ( 651121 ) on Monday February 01, 2021 @04:37AM (#61014650) Homepage Journal

    There was a time, where regulations demanded a man with a red flag to run at least six paces ahead of a car, shouting warnings, so that pedestrians are warned about presence of the car and can step out of the way, to avoid accidents. Current FAA regulations regarding spaceflight seem to be a close counterpart.

  • "Humanity" isn't under the jurisdiction of the FAA. I'm sure there are other countries which would consider creating a suitable compliant regulatory authority if Musk wants to move all his manufacturing there - although that is somewhat an indictment of the imbalance between government and big business.

  • If you disagree with a regulatory rule or law, you can't just knowingly break it without consequence. Protest. Change it. Demonstrate its futility. Petition. Change can come on the back of other things, but you'll still get the consequence for breaking the rule in the first place.

    But just breaking it, when you know that's what you're doing, is just a way to get EVEN MORE rules in the way of what you want to do, to stop you just continuing breaking the rules anyway.

    • Re:Rules. (Score:4, Insightful)

      by imidan ( 559239 ) on Monday February 01, 2021 @06:06AM (#61014836)

      Sometimes, the best way to protest a rule is to break the rule. Rosa Parks, Gandhi, Nelson Mandela spring to mind. Yes, those are all civil rights activists, but there's no reason breaking rules in order to protest them should be restricted to civil rights issues.

      If SpaceX and Elon Musk were aware they were breaking an FAA rule and did it anyway, then they were obviously prepared to face the consequences. That doesn't mean they can't also protest the rule and its consequences.

  • by simlox ( 6576120 ) on Monday February 01, 2021 @06:09AM (#61014842)
    not missile testing. That kind of thing is usually handled by the military - or NASA. But SpaceX is doing this on behalf of neither. Therefore FAA have to handle it, which is ineffective as the air force already knows how to handle such a "missile range".

    Solution: move the testing to a missile range, or make SpaceXs area into one, by letting SpaceX pay for some MPs and a few officers to be official in charge - just as on the Cape.

    • by techmage ( 72232 )

      Umm. No. The FAA is responsible for untested aircraft and the work that goes into making them safe. SpaceX Starship rockets are not missiles (there is a very specific difference). The FAA itself was a department called AST that oversees the development and launch of rocket vehicles. Full disclosure: I built rockets and have worked with the AST. The job of the AST is to understand the launch process before a rocket takes off. If there were issues in translation, that could explain a lot. SpaceX may have thou

  • by solidraven ( 1633185 ) on Monday February 01, 2021 @06:17AM (#61014852)
    The issue with most governmental agencies is that they are dead set in following the military style "quality system", they demand rigid procedures which just don't stroke with reality. They'll let you massively skimp on things, as long as you follow procedure. Meanwhile, if you do a proper job but use a more modern approach (e.g. scrum style project management) they'll bludgeon you to death with paperwork. It's rather ridiculous and there ain't too much you can do about it, so I definitely understand the frustration from the folks at SpaceX. Rapid prototyping is preferable over a decade of design meetings and simulations.
  • and tell the FAA where to stick their paperwork.

    I hear Antigua is nice this time of year.
    • But has no launch facilities, or rocket factories, or fuel, or

      the whole point of SpaceX's system is that it is all located in a small area, has few or no subcontractors, and so can rapidly innovate - moving the launches to another country over water would be a huge cost

  • by ytene ( 4376651 ) on Monday February 01, 2021 @07:21AM (#61014954)
    ... in the Verge reporting is perhaps the most relevant part of this story. Specifically, the observation that the SN8 launch violated the launch license...

    This seems entirely odd. SpaceX pioneered reusable launch vehicles. They have tried and failed landings before so many times I've lost count. Starship is still very much in an experimental phase.

    So if SpaceX requested a launch license for SN8, then wouldn't it be reasonable to expect their application to say something along the lines of:-

    1. Launch vehicle with not more than [x] lbs of propellant and [y] lbs of oxidant.
    2. Climb to an altitude of net less than [x1] feet and not more than [y1] feet, within a horizontal distance of not more than [z1] feet of the launch pad.
    3. Include tests of thrust vectoring using one or more engines.
    4. Descend to pad and attempt landing.

    Now the interesting bit may well be in the last item in my suggested list, above. None of the F9 or FH landing tests involved rotating the vehicle body over for a simulated "Mars Atmosphere" descent before a final rotation to landing orientiation.

    Did SpaceX omit that detail from their launch license application? If so - obvs I don't know - then maybe [just maybe] the FAA have grounds to be concerned.

    On the other hand... if the FAA want to claim that they had no idea that this would need to form part of the SpaceX testing program, then someone needs to get fired. It is also worth remembering that the FAA must implicitly receive launch requests applications from companies that don't have even the tiniest fraction of the reputation that SpaceX have now established [whether you view that as a good or bad reputation is actually not relevant to this point]. If you were a brand new space company going to the FAA for the very first time with your first application for a launch license, exactly how much diligence would the FAA want to do? Exactly how much diligence did they do with the SN8 launch?

    Put simply: is this a question of SpaceX failing to disclose, or the FAA failing to ask?

    I can't imagine we'll know any time soon unless all the documentation is made public.

    But without trying to prejudice the outcome of any subsequent investigation, I'd have to observe that given the inherently high risk of rocketry, the even higher risk of experimental rocketry and the long, long history of experimental US spaceflight... this whole thing smells a bit off.

    It doesn't seem plausible to me that SpaceX would have "failed to mention something". Which leaves two possible scenarios: either the FAA "failed to ask" or SpaceX "said one thing but did another". If it's the former, this is a non-story. If it's the latter, then SpaceX deserve everything they get.
    • While doing their pre-launch testing, they had an issue with the pad - the hard surface of the pad was damaged, and bits of it were thrown up into the cowling, damaging lines and two engines.

      The lines were repaired, the engines swapped, the vehicle re-tested an flown.

      The best guess for this violation is that a bureaucrat has decided that the damage, repairs and engine swaps were things that should have been reported, and subject to weeks or months of committee meetings been given a new launch authorization.
    • Also, it was very well publicised that SN8 would do the "skydiving" descent and the last-minute flip. Everyone was expecting this. It would be pretty amazing if SpaceX at the same time tried to hide this info from the FAA and that the FAA didn't then query this. I wonder is this wasn't some more minor technical violation like e.g. the Flight Termination System not ticking all the right boxes.
    • Congratulations on one of the few on-topic replies.

      "It doesn't seem plausible to me that SpaceX would have "failed to mention something". Which leaves two possible scenarios: either the FAA "failed to ask" or SpaceX "said one thing but did another". If it's the former, this is a non-story. If it's the latter, then SpaceX deserve everything they get."

      I think it will probably be something that fell between the two, i.e. SpaceX thought they didn't have to mention a change ( engine swap ? ), the FAA thought the

      • by ytene ( 4376651 )
        Not only do I agree with your adjustment to my outline, I think in some respects that if it *is* along these lines, it makes things worse.

        Here's why...

        In the first reply to my original post, Robbak points out that a pre-launch test partially damage the pad and resulted in SpaceX making changes to the vehicle [engines were swapped out]. You then note that this might be the cause for a difference in understanding between SpaceX and the FAA.

        This goes directly to another post I made with respect to the
        • I am not always successful with such appeals to a regulator's better judgement, but I've learned that if you show a willingness to work with them, own up to mistakes, do the things you commit to do and don't try to hide things, you can end up with a constructive, respectful relationship.

          Regulations (and regulators) are fluid. It's not like the cop who saw you roll through the stop sign, open and shut case. The regulations are open to some interpretation at every level. Again--I really, really disliked this article. It should have been far shorter and to the point. They heard there was a violation and they have absolutely no idea what the violation was.

    • The Verge story is pretty bad. They really should have taken greater care to mention they have absolutely no clue what the alleged violation was. It should have been a two-paragraph story. Instead it's endless idle speculation intended to generate clicks and controversy. Looking around, they seem to have succeeded there.
  • by RogueWarrior65 ( 678876 ) on Monday February 01, 2021 @09:42AM (#61015330)

    Apparently, the FAA CAN take the sky from me.

  • Seriously, when a reg agency will not say what an issue is, AND it looks like has a quiet gag order on a company, makes the reg agency look very bad. This was supposed to be transparent, and it is anything but.
  • from TFA and Musk's tweet: "Unlike its aircraft division, which is fine, the FAA ...

    The aircraft division is f''d up too. It took the FAA (working through the Portland FSDO) from November 6 until January 30 to issue my Repairman's Certificate. This is needed for signing off an annual Condition Inspection on an airplane I built myself.

    In my own situation I find it hard to see the FAA's value proposition especially considering the large number of six-figure salary employees it has. Many of my general avia

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