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

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 –

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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