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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

Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

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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

Elon Musk drops a Thanksgiving hint about Starship’s biggest test yet

Elon Musk says Starship Flight 15 will try to catch the ship itself, a first.

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Elon Musk says SpaceX’s next Starship flight will try something nobody has done before, by catching the ship itself. Speaking to roughly 2,000 people at the X Takeover event at Giga Texas on Saturday, Musk said Flight 15 is about four to six weeks away and “probably launches a little bit before Thanksgiving, is my guess.”

That is a slip from earlier reporting, which had pointed to a launch as early as October 19. Musk explained why the date keeps moving. “We’re making a bunch of improvements to the rocket between every flight,” he said, adding that there are often hundreds, sometimes thousands, of small changes. This time the list is short, “but some of them take a fair bit of work and we’ve got to go inside the tank to make some of these changes.”

“We’re going to try to catch the ship, which is a super big deal,” Musk said. “If we do so, that’ll be the first time that there’s been full recovery of an orbital class rocket.” SpaceX has already caught the Super Heavy booster with the tower’s mechanical arms, and has talked about catching the ship since late 2025, but the upper stage has never been caught.

Musk also laid out what comes after. “The next big milestone would be to refly both the booster and the ship,” he said, describing a Flight 16 where “all parts of an orbital rocket are reflown.”

The reason SpaceX wants this comes down to cost and cadence. Every Starship ship so far has ended its flight in the ocean, and SpaceX expects most of those water landings to end in fireballs. A ship that returns to Starbase intact can be inspected and flown again. SpaceX’s IPO filing, says Starship V3 is designed to deliver 100 metric tons to orbit in a fully reusable configuration, that SpaceX aims to cut the cost to reach orbit by 99% or more versus the historical average, and that tower catches should allow “multiple launches per day.”

The payoff goes beyond cheaper launches. The next generation Starlink V3 satellites are too large for Falcon 9 and can only fly on Starship, which can carry up to 60 per flight. Flight 14 on September 28 deployed the first 26 of them after Starship reached orbit despite an early engine shutdown, as Teslarati reported. Musk blamed engine computer software, and said the heat shield “was extremely robust,” which he claimed in August had solved Starship’s biggest challenge.

NASA’s Moon plans depend on the same capability. NASA’s inspector general has described a lander mission that needs a propellant depot in low Earth orbit and more than 10 tanker flights, with SpaceX targeting one tanker launch every six days. That schedule only works if ships and boosters come back fast and fly again. Also, ship to ship propellant transfer has not been attempted yet.

One interesting hurdle yet to be explored is bringing the ship back to the launch site, with reentry over land, which will undoubtedly come with a lot of aviation safety reviews.

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Lifestyle

Tesla’s mirrorless Cybercab will give riders a visibility upgrade

Tesla engineer confirms Cybercab update letting riders pull up rear and repeater cameras on demand.

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Tesla Cybercab camera visibility for passengers (Credit: Dan Burkland via X)
Tesla Cybercab camera visibility for passengers (Credit: Dan Burkland via X)

Tesla is working on a Cybercab update that would let passengers pull up the vehicle’s rear and side cameras on demand, and the request came straight from a rider.

The exchange played out on X late Friday. Cybercab rider Dan Burkland shared photos of the two-seater’s cabin screen after an evening ride, praised the UI team’s work, and left one request: let riders open the rear and repeater cameras whenever they want, “especially for peace of mind.” Tesla UI software engineer Evan (@CarCoder) answered with two words: “In development.”

The idea fits a pattern Teslarati has tracked since public rides began. Days after paid Cybercab service opened in Austin, Tesla sent riders a survey that asked them to rate the touchscreen, the app and the cabin, and to pick the features they wanted most. We reported on that survey in September, and a camera view is the kind of small software change Tesla can push quickly if riders keep asking.

It also speaks to something unique about the vehicle. With no steering wheel, no pedals and no driver, passengers have no mirror to check and no way to see behind them. The hardware is clearly built for camera awareness, from the repeater cameras to the rear camera. Letting a passenger look through those same cameras would give a nervous first time rider a way to confirm what is around the car.

The timing matters because the fleet is growing fast. Tesla’s Robotaxi account said on Saturday that more than 300 Cybercabs are now serving Austin, an eightfold increase in 30 days, and Tesla AI chief Ashok Elluswamy named Dallas as the next city. More cars and more cities mean more people riding in a driverless vehicle for the first time, which is exactly when small trust features carry weight.

For now, the feature is confirmed only as in development. If Tesla follows its usual pattern with Cybercab software, riders could see it appear in a point release without any announcement, and Teslarati will watch for it.

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Tesla’s Cybercab fleet jumped 8x in a month, with Dallas up next

Tesla confirms its first official Cybercab fleet number as Austin scales fast and Dallas looms.

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Tesla says more than 300 Cybercabs are now serving Austin, the first time the company has put an official number on its active Cybercab fleet. The figure came from the Robotaxi account on X on Saturday, which wrote that one month after launch the service had “scaled to 300+ Cybercabs serving Austin – an 8x increase in 30 days.”

Ashok Elluswamy, Tesla’s head of AI software, quoted the post with a line that carried the bigger news. “Two years since the 10/10 Cybercab WeRobot event, the cabs are everywhere in Austin now. Dallas soon,” he wrote. It is the first time Tesla has named the next city for public Cybercab rides.

Tesla opened Cybercab rides to the public in Austin on September 4, as Teslarati reported, a day after an invite only launch event. The ramp since then has been steep. Our September 28 report had the fleet at well over 100 units after availability jumped from 58 to 125 in a single week. On Thursday, Tesla added 150 Cybercabs to the Texas automated vehicle registry, lifting its registered count to 319 from 169. The first seven appeared on the registry on August 31.

RobotaxiTracker, a community site that counts vehicles from sightings and state records, listed 275 vehicles in unsupervised service in Austin on Saturday, 105 of them Cybercabs, which is well below Tesla’s figure. Tracker counts can lag official numbers, though Sawyer Merritt noted that Cybercab wait times in Austin stayed short on Saturday evening even with more than 2,000 fans in town for X Takeover.

Regulators are watching the rollout. NHTSA opened an audit query into Tesla’s certification that the Cybercab meets federal safety standards, and sworn answers are due October 30. Tesla reports third quarter earnings on October 21, which gives the company a natural venue to define its fleet numbers and put a date on Dallas.

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