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U.S. Rep Kiley questions FAA’s Whitaker over SpaceX allegations

Credit: SpaceX/X

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U.S. Representative Kevin Kiley (R-CA) has sent a letter to FAA Administrator Michael Whitaker over his recent claims about SpaceX. During Tuesday’s Transportation Committee hearing, Whitaker advanced several alleged safety concerns about SpaceX’s operations, all of which were strongly denied by the private space company. 

During his testimony, the FAA Administrator alleged that SpaceX must operate at the highest level of safety, which includes having a safety management system program and a whistleblower program. He also alleged that SpaceX had launched without a permit last year in Cape Canaveral, FL and that the delay in Starship’s Flight 5 launch was due to SpaceX failing to provide an updated sonic boom analysis, among other safety concerns.

SpaceX strongly denied each of Whitaker’s claims. In a letter, Mat Dunn, senior director of global government affairs at SpaceX, stated that “every statement (the FAA Administrator) made was incorrect.” Dunn also argued that SpaceX is currently the “safest, most reliable launch provider in the world, and is absolutely committed to safety in all operations.” 

Kiley’s recent letter to Whitaker carried some of the points from SpaceX’s rebuttal of the FAA Administrator’s claims. As per the Representative, Whitaker must provide answers to a number of questions surrounding his claims during the Transportation Committee hearing. 

Following is U.S. Representative Kevin Kiley’s letter to FAA Administrator Michael Whitaker

September 25, 2024

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Michael Whitaker 

800 Independence Avenue, SW 

Administrator 

Federal Aviation Administration 

Washington, DC 20591

Dear Administrator Whitaker,

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On September 24, 2024, you testified at a hearing of the Aviation Subcommittee of the House Transportation and Infrastructure Committee. I asked you several questions during that hearing regarding the FAA’s decisions with respect to SpaceX launches. Your answers appear to be filled with inaccurate statements. Such falsehoods raise serious concerns about your fitness to lead the FAA. Please provide my office with responses in writing to the following questions –

  1. You claimed that SpaceX launched recent Falcon missions without a permit. SpaceX has said these claims are completely false, and that the FAA has not alleged previously that the company was not permitted or licensed to launch these missions. Can you share the evidence for your claim that SpaceX launched these missions without a permit?
  2. You claimed that SpaceX moved a fuel farm closer to the population without completing a risk analysis statement. SpaceX says that the new location was twice the distance from the nearest publicly accessible area, that the company provided the FAA with all the required analysis, and that the FAA ultimately approved the revised location. Please supply all correspondence between the FAA and SpaceX relative to the fuel farm.
  3. You claimed that SpaceX failed to provide an updated sonic boom analysis. SpaceX refutes this and says that the Fish and Wildlife Service had already reviewed Starship’s sonic booms and determined they had no environmental impact. While SpaceX has acknowledged it recently provided the FAA data showing a slightly larger sonic boom area than originally anticipated, the company maintains this results in no new environmental impact.
    • What evidence does the FAA have of a new environmental impact?
    • How long will it take the FAA to make this minor paperwork update?
    • What evidence does the FAA have for your assertion that this is a safety related incident”?
  4. You claimed that SpaceX was in violation of Texas state law. What Texas laws did SpaceX violate?
  5. Does the FAA need to be reformed to keep up with innovation in the commercial space industry?

From the dawn of the space age, America has set the standard in exploration. Our nation’s spirit of innovation has propelled us to the moon and pushed the boundaries of what’s possible. If we want to keep that legacy alive, we must work with innovators, rather than slow them down. We cannot hinder private industry that is pushing the limits, with regulatory red tape and constant delays. The longer we stall, the more ground we lose. We must continue to empower our private space companies to innovate, build, and lead. This is the only way that we can ensure our national security, while also guaranteeing that America defines the next generation of space exploration. I look forward to your response.

Sincerely,

Kevin Kiley

Member of Congress

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Investor's Corner

New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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Investor's Corner

Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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