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SpaceX may have signed a fairing agreement with ULA supplier RUAG (Update: no agreement)

Falcon 9 and Heavy use the same custom-built fairing but SpaceX is reportedly interested in buying taller fairings from prominent ULA supplier RUAG. (SpaceX/ULA)

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According to unverified and speculative comments reportedly made to a member of the space industry by a RUAG spokesperson, the prominent aerospace supplier may have reached an agreement with SpaceX to manufacture a handful of larger payload fairings for future Falcon 9 and Heavy launches.

In the likely event that SpaceX is one of two contractors awarded a portion of several dozen US military launch contracts next year, the company will need to be able to cater to niche requirements, including accommodating unusually tall military satellites. Those satellites can be so tall that SpaceX’s own payload fairing – generally middle-of-the-pack relative to competitors’ offerings – may be too short, meaning that SpaceX will have to find ways around that minor shortcoming.

Update: Tim Chen has retracted his earlier comments and has stated that there is actually no agreement currently in place with SpaceX for RUAG to produce taller fairings out of its new Decatur, AL factory.

Additionally, ULA CEO Tory Bruno clarified that the company’s “[new fairing] has [ULA] intellectual property in its design and manufacture … [and] is currently planned only for use on Atlas and Vulcan”, meaning that any cooperation between SpaceX and RUAG would likely require a new production facility and a somewhat different fairing design.

“ULA’s new fairing, which is built in our factory in Decatur, has our intellectual property in its design and manufacture. This fairing is currently planned only for use on Atlas and Vulcan. You would want to ask RUAG about business they might have with their other customers.”

Tory Bruno, August 14th, 2019

https://twitter.com/timothytchen1/status/1161261562713137153

Regardless of the veracity of these recent claims, it appears that SpaceX has three obvious responses at its disposal: design and build an entirely new variant of its universal Falcon fairing, purchase the necessary fairings from an established supplier, or bow out of launch contract competitions that demand it. The latter option is immediately untenable given that it could very well mean bowing out of the entire US military competition, known as Phase 2 of the National Security Space Launch program’s (NSSL; formerly EELV) Launch Services Procurement (LSP).

For dubious reasons, the US Air Force (USAF) has structured the NSSL Phase 2 acquisition in such a way that – despite there being four possible competitors – only two will be awarded contracts at its conclusion. The roughly ~30 launch contracts up for grabs would be split 60:40 between the two victors, leaving two competitors completely emptyhanded. In short, bowing out of the Phase 2 competition could mean forgoing as many as one or two-dozen contracts worth at least $1-2B, depending on the side of the 60:40 split.

A side-by-side comparison of Blue Origin, SpaceX, and ULA fairings, roughly to scale. (Teslarati)

According to a handful of recent comments and developments, SpaceX has likely sided with the option of procuring taller fairings from an industry supplier. As it turns out, European company RUAG has effectively cornered the Western rocket fairing market, with SpaceX being the only Western launch company currently building its own fairings. RUAG builds fairings for both Arianespace’s Ariane 5 and Vega rockets and ULA’s Atlas V. Additionally, RUAG will build and supply fairings for both companies’ next-gen rockets – Arianespace’s Ariane 6 and ULA’s Vulcan – and builds fairings for a number of smallsat launch companies.

Comments made in June by a RUAG official confirmed that there was some semblance of a relationship between SpaceX and RUAG for the purpose of satisfying USAF needs for taller fairings, although the phrasing suggested that the cooperation was in its early stages and nothing had been solidified.

“In a June 12 letter to Smith, the company’s CEO Peter Guggenbach makes the case that legislation forcing access to suppliers is unnecessary in this case because RUAG does not have an exclusive arrangement with ULA and is willing to work with SpaceX or any other launch providers.

“For this competition, we are in the process of submitting or have submitted proposals to multiple prime contractors regarding launch vehicle fairings. In those agreements, we share technical data to support a prime contractor’s bid while protecting our intellectual property.”

RUAG vice president Karl Jensen told 
SpaceNews the company has a “significant partnership” with ULA but is looking to work with others too. “We have an offer to SpaceX,” he said. “We don’t know if they’ll accept it.”

SpaceNews, 06/13/2019

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RUAG (right) builds payload fairings for Ariane 5/6, Delta IV, Atlas V, and Vulcan. SpaceX (left) builds its own Falcon fairings in-house. (SpaceX/RUAG)

Interestingly, although ULA’s RUAG-built Atlas V fairing is slightly narrower than SpaceX’s 5.2m (17 ft) diameter fairing, Atlas V’s largest fairing is significantly taller, supporting payloads up to 16.5m (54 ft) tall compared to 11m (36 ft) for Falcon 9 and Heavy. Given that just a tiny portion of military spacecraft actually need fairings that tall, SpaceX is apparently not interested in simply modifying its own fairing design and production equipment to support a 20-30% stretch.

This likely relates in part to the fact that one of SpaceX’s three NSSL Phase 2 competitors – Northrop Grumman (Omega), Blue Origin (New Glenn), and ULA (Vulcan) – are guaranteed to receive hundreds of millions of dollars of development funding after winning one of the two available slots (60% or 40% of contracts). SpaceX, on the other hand, will receive no such funding while still having to meet the same stringent USAF requirements compete in LSP Phase 2. Of note, Congressman Adam Smith managed to insert a clause into FY2020’s defense authorization bill that could disburse up to $500M to SpaceX in the event that the company is one of Phase 2’s two winners.

SpaceX builds all large Falcon 9 and Heavy composite structures in house, including landing legs, interstages, and payload fairings. (SpaceX, 2016)

Despite this potential influx of infrastructure-focused funds, SpaceX may still be pursuing taller Falcon fairings from RUAG as a backup in the event that the company is not one of the two Phase 2 winners or is unable to use some of the $500M secured by Rep. Smith to develop its own stretched fairing.

On August 12th, SpaceX – along with Blue Origin, ULA, and NGIS – submitted bids for NSSL Phase 2 launch services, confirming that all four companies will indeed be in the running for contracts. The USAF is not expected to announce the results of this competition until Q2 2020.

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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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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.

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.

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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