By David Shepardson
WASHINGTON (Reuters) -Elon Musk's SpaceX must operate at the "highest level of safety," the head of the U.S. Federal Aviation Administration said on Tuesday as he defended a proposed $633,000 fine against the company for violating the agency's rules ahead of two launches in 2023.
"SpaceX has been a very innovative company," FAA Administrator Mike Whitaker said in a hearing before a U.S. House of Representatives subcommittee. "They've been around 20 years, and I think they need to operate at the highest level of safety and that includes adopting (safety management system) program, that includes having a whistleblower program."
"They launched without a permit," Whitaker said, referring to SpaceX launches in June and July of last year in Cape Canaveral, Florida. "It's the only tool we have to get compliance on safety matters ... I think safety is in the public interest, and that's our primary focus."
The FAA said SpaceX's violations included a failure to obtain approval to revise the communications plan related to its license for the June 2023 launch of a rocket carrying an Indonesian telecommunications satellite.
Whitaker also defended a delay of the forthcoming Starship 5 launch, noting that SpaceX had failed to complete a timely sonic boom analysis. The FAA said this month that it did not expect a determination on a license before late November.
"The delay of the Starship (launch) had to do with SpaceX filing an application and not disclosing that they were in violation of Texas and federal law on some matters, and that's a requirement to get a permit," Whitaker said.
Asked how SpaceX could move up the launch, Whitaker said: "Complying with the regulations would be the best path."
SpaceX did not immediately respond to a request for comment.
EQUAL TREATMENT
Musk attacked FAA leaders last week, saying they were penalizing SpaceX "for petty matters that have nothing to do with safety, while neglecting real safety issues at Boeing (NYSE:BA). This is deeply wrong and puts human lives at risk."
Whitaker told reporters he had not seen Musk's social media post and declined to say if he had spoken to the billionaire. But Whitaker agreed that space companies should be treated equally.
"I think Boeing and SpaceX should have the same oversight. They should all have SMS (safety management systems). They should all have whistleblower programs," Whitaker said.
Boeing has SMS and whistleblower programs.
Musk has chafed for years at what he sees as government inefficiency and has battled with federal regulators. SpaceX must obtain FAA signoffs for rocket launches and new technology.
Whitaker said SpaceX's July 2023 launch failed to comply with launch requirements, did not have a necessary permit, and did not complete a risk analysis before launching.
In February 2023, the FAA proposed a $175,000 civil penalty against SpaceX for failing to submit some safety data to the agency prior to an August 2022 launch of Starlink satellites. The company paid the penalty.