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.
FAA Administrator Whitaker made several incorrect statements today regarding SpaceX. In fact, every statement he made was incorrect.
It is deeply concerning that the Administrator does not appear to have accurate information immediately available to him with respect to SpaceX… pic.twitter.com/OrtMUvnCNI— SpaceX (@SpaceX) September 24, 2024
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.
FAA Administrator Whitaker made a number of false statements in his testimony about @SpaceX. Either he doesn’t know what’s going on at his agency or he deliberately deceived Congress.
I’ve asked him which it is. Either possibility calls into doubt his fitness to lead the FAA. pic.twitter.com/lW2KcOnItT— Rep. Kevin Kiley (@RepKiley) September 25, 2024
Following is U.S. Representative Kevin Kiley’s letter to FAA Administrator Michael Whitaker.
September 25, 2024
Michael Whitaker
800 Independence Avenue, SW
Administrator
Federal Aviation Administration
Washington, DC 20591
Dear Administrator Whitaker,
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 –
- 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?
- 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.
- 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”?
- You claimed that SpaceX was in violation of Texas state law. What Texas laws did SpaceX violate?
- 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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News
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.
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.
Investor's Corner
Tesla uber bull Ron Baron says ‘the time to buy the stock is now’
In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.
Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:
“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”
The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.
Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.
His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.
Ron Baron today in new interview on Tesla:
“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.” pic.twitter.com/Rv5PB0bVZ2
— Sawyer Merritt (@SawyerMerritt) September 16, 2026
Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.
That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.
Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.
Elon Musk
SpaceX’s next Starship launch is about to attempt its biggest leap yet
SpaceX targets September 22 for Starship Flight 14, its first attempt to reach real orbit.
SpaceX has set September 22 as the target date for Starship’s 14th test flight, and this one carries a different goal than any of the 13 that came before it. Every previous Starship mission has intentionally flown a suborbital arc, reentering the atmosphere within the same hour it launched. Flight 14 is designed to send the craft into a genuine orbit around Earth for the first time.
The launch window opens at 7:15 a.m. Central time at Starbase in South Texas and runs for 75 minutes, pending regulatory approval, according to SpaceX’s mission description published Tuesday. If the flight goes as planned, Starship will circle the planet roughly six times at an altitude near 275 kilometers over about ten hours before a deorbit burn sends it toward a splashdown in the Pacific Ocean west of Chile, a departure from the Indian Ocean recoveries used on the last several flights.
The mission also marks the first attempt to put a working batch of Starlink V3 satellites into actual service. Flight 13 carried 20 of the new satellites in July, but because that mission never left a suborbital trajectory, the payload reentered along with the ship instead of separating into orbit.
SpaceX tells the FCC that Starship Flight 14 is going to orbit
Each V3 satellite is rated for roughly one terabit per second of downlink capacity, so a successful deployment on Flight 14 would be SpaceX’s largest single jump in network bandwidth since Starlink began flying on Falcon 9.
Flight 13 still did the heavier lifting on the technical side. That July mission flew a deliberately more stressful reentry profile to test Starship’s heat shield, and the ship survived its softest splashdown yet, intact enough for drone inspections shortly after landing. Elon Musk said the flight delivered “all the heat shield data we needed and then some,” a result Teslarati covered in detail when he later said SpaceX had solved the vehicle’s biggest reusability challenge. Flight 14 is where SpaceX starts spending that confidence on an actual orbital insertion rather than another controlled fall back to Earth.
One thing Flight 14 will not attempt is a tower catch of the ship. Musk floated the idea right after Flight 13, but walked the timeline back in August, saying a catch attempt was more likely “in a few months.” The Super Heavy booster will still aim for its own recovery, targeting an offshore landing point in the Gulf of America, the same approach used on recent flights.
September 22 is SpaceX’s own target, not a locked date. Starship’s schedule has slipped before over hardware readiness and FAA sign off, and the company has said as much in its own mission notes. But the plan itself represents the clearest marker yet that Starship is moving from a suborbital test program into something meant to carry paying payloads and, eventually, people.