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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

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September 25, 2024

Michael Whitaker 

800 Independence Avenue, SW 

Administrator 

Federal Aviation Administration 

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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 –

  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

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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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Tesla dispels reports of ‘sales suspension’ in California

“This was a “consumer protection” order about the use of the term “Autopilot” in a case where not one single customer came forward to say there’s a problem.

Sales in California will continue uninterrupted.”

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Credit: Tesla

Tesla has dispelled reports that it is facing a thirty-day sales suspension in California after the state’s Department of Motor Vehicles (DMV) issued a penalty to the company after a judge ruled it “misled consumers about its driver-assistance technology.”

On Tuesday, Bloomberg reported that the California DMV was planning to adopt the penalty but decided to put it on ice for ninety days, giving Tesla an opportunity to “come into compliance.”

Tesla enters interesting situation with Full Self-Driving in California

Tesla responded to the report on Tuesday evening, after it came out, stating that this was a “consumer protection” order that was brought up over its use of the term “Autopilot.”

The company said “not one single customer came forward to say there’s a problem,” yet a judge and the DMV determined it was, so they want to apply the penalty if Tesla doesn’t oblige.

However, Tesla said that its sales operations in California “will continue uninterrupted.”

It confirmed this in an X post on Tuesday night:

The report and the decision by the DMV and Judge involved sparked outrage from the Tesla community, who stated that it should do its best to get out of California.

One X post said California “didn’t deserve” what Tesla had done for it in terms of employment, engineering, and innovation.

Tesla has used Autopilot and Full Self-Driving for years, but it did add the term “(Supervised)” to the end of the FSD suite earlier this year, potentially aiming to protect itself from instances like this one.

This is the first primary dispute over the terminology of Full Self-Driving, but it has undergone some scrutiny at the federal level, as some government officials have claimed the suite has “deceptive” naming. Previous Transportation Secretary Pete Buttigieg was vocally critical of the use of the name “Full Self-Driving,” as well as “Autopilot.”

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New EV tax credit rule could impact many EV buyers

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date. However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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tesla showroom
Credit: Tesla

Tesla owners could be impacted by a new EV tax credit rule, which seems to be a new hoop to jump through for those who benefited from the “extension,” which allowed orderers to take delivery after the loss of the $7,500 discount.

After the Trump Administration initiated the phase-out of the $7,500 EV tax credit, many were happy to see the rules had been changed slightly, as deliveries could occur after the September 30 cutoff as long as orders were placed before the end of that month.

However, there appears to be a new threshold that EV buyers will have to go through, and it will impact their ability to get the credit, at least at the Point of Sale, for now.

Delivery must be completed by the end of the year, and buyers must take possession of the car by December 31, 2025, or they will lose the tax credit. The U.S. government will be closing the tax credit portal, which allows people to claim the credit at the Point of Sale.

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date.

However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

If not, the order can still go through, but the buyer will not be able to claim the tax credit, meaning they will pay full price for the vehicle.

This puts some buyers in a strange limbo, especially if they placed an order for the Model Y Performance. Some deliveries have already taken place, and some are scheduled before the end of the month, but many others are not expecting deliveries until January.

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Elon Musk takes latest barb at Bill Gates over Tesla short position

Bill Gates placed a massive short bet against Tesla of ~1% of our total shares, which might have cost him over $10B by now

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Elon Musk took his latest barb at former Microsoft CEO Bill Gates over his short position against the company, which the two have had some tensions over for a number of years.

Gates admitted to Musk several years ago through a text message that he still held a short position against his sustainable car and energy company. Ironically, Gates had contacted Musk to explore philanthropic opportunities.

Elon Musk explains Bill Gates beef: He ‘placed a massive bet on Tesla dying’

Musk said he could not take the request seriously, especially as Gates was hoping to make money on the downfall of the one company taking EVs seriously.

The Tesla frontman has continued to take shots at Gates over the years from time to time, but the latest comment came as Musk’s net worth swelled to over $600 billion. He became the first person ever to reach that threshold earlier this week, when Tesla shares increased due to Robotaxi testing without any occupants.

Musk refreshed everyone’s memory with the recent post, stating that if Gates still has his short position against Tesla, he would have lost over $10 billion by now:

Just a month ago, in mid-November, Musk issued his final warning to Gates over the short position, speculating whether the former Microsoft frontman had still held the bet against Tesla.

“If Gates hasn’t fully closed out the crazy short position he has held against Tesla for ~8 years, he had better do so soon,” Musk said. This came in response to The Gates Foundation dumping 65 percent of its Microsoft position.

Tesla CEO Elon Musk sends final warning to Bill Gates over short position

Musk’s involvement in the U.S. government also drew criticism from Gates, as he said that the reductions proposed by DOGE against U.S.A.I.D. were “stunning” and could cause “millions of additional deaths of kids.”

“Gates is a huge liar,” Musk responded.

It is not known whether Gates still holds his Tesla short position.

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