WASHINGTON – The Federal Aviation Administration said SpaceX violated the terms of a launch permit for its Starship vehicle during a December launch, prompting an investigation that delayed testing of another vehicle.
In a Feb. 2 statement, the FAA said that for the Dec. 9 flight of the Starship SN8 vehicle, SpaceX had filed for an exemption from its FAA license for suborbital test flights of its Starship vehicle. That waiver, the FAA said, would have allowed SpaceX to “exceed the maximum public risk allowed by federal security regulations.”
The FAA declined the request, but SpaceX went ahead with the launch. SpaceX considered the flight successful, although the vehicle exploded on landing. No injuries or damage from third parties were reported in flight, but the FAA determined that SpaceX had violated the terms of its license by proceeding without the waiver.
“As a result of this non-compliance, the FAA required SpaceX to investigate the incident,” the agency said. “All testing that could affect public safety at the launch site in Boca Chica, Texas, was suspended until the investigation was completed and the FAA approved the company’s corrective action to protect public safety.”
SpaceX had hoped to launch its next Starship prototype, SN9, on a similar suborbital flight on January 28, but that launch was delayed. The FAA said it was still evaluating unspecified changes to the launch license at the time. “We will not approve the change until we are satisfied that SpaceX has taken the necessary steps to comply with regulatory requirements,” the agency said in a January 29 statement.
The FAA approved that change in late February, and concluded that “SpaceX complies with all safety and related federal regulations and is authorized to conduct Starship SN9 flight operations in accordance with its launch permit.” It did not address any changes or exemptions to that license. SpaceX did not respond to questions about the issue.
FAA regulations require companies with reusable launch vehicle licenses, such as SpaceX’s Starship, to meet a “expected casualty” limit for the uninvolved public of no more than 0.0001 per launch, or one casualty per 10,000 launches. The risk to one person cannot exceed one in one million.
Many in the space industry were surprised that SpaceX would violate the terms of a launch contract. “If a licensee violates the terms of their launch license, they did so knowing that an uninvolved member of the public could have been injured or killed. That is no exaggeration. They took a well-considered risk with your life and property, ”said Jared Zambrano-Stout, a former deputy chief of staff and senior adviser in the FAA’s Bureau of Commercial Space Transportation, which handles launch permits.
In a series of tweets February 2, he argued that SpaceX violating its license with little or no penalty could have lasting consequences for the industry. “Failure to enforce their launch licenses by the FAA will damage the long-term viability of the launch industry and damage their credibility with Congress. The industry may face significant regulatory burdens imposed by Congress to ensure safety. “
The FAA allows SpaceX to proceed with the launch of Starship SN9, expected no earlier than Feb. 2 from Boca Chica.