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SpaceX urges Congress to expedite commercial spaceflight regulation reforms

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Speaking in a Congressional hearing on the morning of June 26th, SpaceX Director of Government Affairs Caryn Schenewerk reaffirmed the company’s commitment to conducting “more than 25 [launches]” in 2018, a feat that will require a ~50% increase in launch frequency over the second half of the year.

Related to the focus of this particular hearing, namely regulatory reform, Representative Rick Larsen (WA-2) appeared to speak for everyone when he mirrored the four panelists’ sense of urgency for beginning the process of reforming federal space launch regulations by asking for an informal meeting outside the doors of the chamber once the session concluded, stating that “it’s that urgent.” In order for companies like SpaceX (and eventually Blue Origin) to be able to sustainably and reliably reach cadences of one launch per week in the near future, the currently cumbersome and dated launch licensing apparatus will almost invariably require significant reforms.

Pressure to remove artificial bottlenecks growing

Two primary problems were identified by the Air Line Pilots Association (ALPA), ULA, Blue Origin, and SpaceX officials present before the Congressional committee: the extreme sluggishness of licensing and the similarly obtuse brute-force integration of launch vehicle operations with the federal systems of air traffic control tasked with safely orchestrating tens of thousands of aircraft flights daily.

Whereas nominal orbital rocket launches result in vehicles like SpaceX’s Falcon 9 spending less than 90 seconds of real time within the bounds of that controlled airspace, the massive and disruptive “keep-out zones” currently required by the FAA for rocket launches frequently disrupt air traffic for more than 100 times as long. According to Ms. Schenewerk, SpaceX believes it already possesses the capabilities to integrate live Falcon 9 and Heavy telemetry with air traffic control, allowing those keep out zones to be dramatically compressed and highly responsive to actual launch operations, similar to how aircraft traffic is dealt with today.

On the specific launch licensing side of this regulatory coin, SpaceX, Blue Origin, and ULA all expressed distaste for current standards, in which a worst-case scenario could see a launch provider forced to wait more than 200 days (up to eight full months) from the moment of filing to a launch license grant. Worse, even slight adjustments to a granted launch license require launch providers to resubmit themselves to that 200+ day process, effectively making timely modifications undependable exceptions to the rule.

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Old rules, new rockets

The real barrier to these common-sense regulatory reforms is quite simply the extraordinary sluggishness of the FAA and those tasked with updating its guidelines and regulatory structures. Rep. Larsen was not exaggerating when he stated that he foresaw Congress choosing to delay those reforms by another 5+ years if given the opportunity, and it was thus likely a relief for the panel of witnesses (PDF) to hear him agree that these reforms must be pursued with the utmost urgency. In its current state, the FAA’s launch licensing is liable to be utterly swamped by the imminent introduction of multiple new smallsat launch providers on top of the already lofty launch cadence ambitions of SpaceX, ULA, and Blue Origin, as well as Orbital ATK to a lesser extent.

With SpaceX leading the charge, the American launch industry is already a year or more into a true renaissance of American spaceflight, and the FAA is simply not equipped to handle it. If reforms can be completed with haste rarely seen in Congress, the federal government can at a minimum ensure that it does not become a wholly artificial and preventable bottleneck for that explosion of domestic spaceflight activity.

 

Speaking of that activity, SpaceX is scheduled to begin its H2 2018 manifest push with as many as six Falcon 9 launches (five with Block 5 boosters) over the next ~60 days. Barring an abrupt increase in rocket booster production speeds, sources have confirmed that those 2-3 summer months will likely also feature one of the first rapid Falcon 9 Block 5 reuses, potentially seeing one of SpaceX’s highly-reusable rockets complete two orbital launches in approximately one month (30-50 days). That will, of course, depend upon both customer agreeability and the availability of rockets and launch facilities, but the goal of a rapid Block 5 reuse before summer’s end still stands, at least for now.

Up next is CRS-15, which will see the last orbital Block 4 Falcon 9 launch a flight-proven Cargo Dragon to the ISS with several thousand pounds of supplies in tow, with liftoff scheduled for NET 5:42 am EDT, June 29.

Follow us for live updates, peeks behind the scenes, and photos from Teslarati’s East and West Coast photographers.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Investor's Corner

New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

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Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

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Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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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.

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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.

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