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The first Block 5 version of Falcon Heavy prepares for its launch debut. The first Block 5 version of Falcon Heavy prepares for its launch debut.

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SpaceX’s first Falcon Heavy launch in three years eyes late-October liftoff

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For the second time in 2022, SpaceX’s Falcon Heavy rocket has a firm launch date for the first time in more than three years.

Cursed by a seemingly relentless flood of delays impacting almost every one of the rocket’s payloads, Falcon Heavy made it within three or four months of ending its launch drought as recently as June 2022. At the time, the rocket was more or less ready to begin assembly, but NASA announced late that month that the Jet Propulsion Laboratory (JPL) and supplier Maxar had failed to finish qualifying software needed to power its Psyche spacecraft. Designed to journey to and enter orbit around the asteroid 16 Psyche, the complex trajectory required to reach it constrained the mission to a launch window sometime between August and October.

When JPL and Maxar were unable to properly test the spacecraft’s software in time for that window, they were forced to stand down and wait until the next earliest window, which begins in July 2023. That left Falcon Heavy with three more possible payloads to launch in 2022, but all three were chronically delayed and there was little reason to believe that even one of them would be ready to launch before 2023. However, Falcon Heavy’s single most delayed payload appears to have made a breakthrough, giving the most powerful rocket currently in operation at least one more shot at a 2022 launch.

Continuing an excellent series of reports tracking Falcon Heavy’s never-ending US military payload delays, Spaceflight Now broke the news with an official statement from the US Space Force, which confirmed that an unspecified industry partner had finally resolved payload problems that have delayed the military’s USSF-44 mission by two years. More importantly, the USSF spokesperson revealed a specific target of October 28th.

The US military has repeatedly offered implausible launch targets for USSF-44 with little to no official explanation for the mission’s delays, making it reasonable to appraise any specific launch date much like a boy crying wolf. But this particular target, announced within the same month as its date, is a bit more believable on its own.

Thankfully, it’s not on its own. On October 7th, SpaceX sent out an email confirming that Falcon Heavy is scheduled to launch USSF-44 sometime in October and asking members of the media to register for press site access and remote camera setup opportunities. It’s possible that the rocket or USSF-44 satellites will run into issues and trigger additional delays, but a press accreditation email is about as close as one can get to a believable guarantee that a secretive US military payload is on track for a SpaceX launch scheduled more than a week or so in the future.

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The mission’s next major step forward will be the assembly of Falcon Heavy inside SpaceX’s main hangar at its NASA Kennedy Space Center LC-39A pad. Photos SpaceX shared last month and earlier this month of preparations for Crew-5, Falcon 9’s eighth successful astronaut launch, show that at least two of the four main stages that make up Falcon Heavy are already inside that hangar. One of two new Falcon Heavy side boosters was clearly spotted on September 30th.

A new Falcon Heavy side booster. The USSF-44 upper stage, captured a week prior in much better detail below, is also slightly visible to the right of it. (SpaceX)
USSF-44’s Falcon upper stage was first pictured on September 23rd, when Crew-5’s Dragon spacecraft arrived at the same Pad 39A hangar. (SpaceX)
A similar greyed-out upper stage is visible on CRS-18’s Falcon 9 upper stage in July 2019. (SpaceX)

The rocket’s expendable upper stage was also clearly visible in a September 23rd photo. Ordinarily, Falcon upper stages are nearly indistinguishable from each other, but the upper stage stored behind the Crew-5 upper stage in the foreground features a unique grey band around the bottom of its airframe. In July 2019, SpaceX tested another Falcon 9 upper stage with the same grey band, which a spokesperson explained was meant to improve the rocket’s longevity in orbit.

Long orbital coasts of six or more hours are necessary for some of the most challenging launch trajectories. Direct-to-geostationary launches are the most common type of mission to require long coast capabilities and are often demanded by the US military. The grey band’s purpose is to increase the amount of heating absorbed from sunlight to warm the liquid kerosene (RP-1) fuel contained within that part of the rocket. When it gets too cold, kerosene – which freezes at a much higher temperature than Falcon’s liquid oxygen oxidizer – becomes viscous and slush-like before it freezes solid. If ingested, slushy fuel would likely prevent ignition or destroy the upper stage’s Merlin engine.

USSF-44 will be SpaceX’s first direct geostationary launch attempt, explaining why the grey band has reappeared more than three years after its first test. Coincidentally, Falcon Heavy’s third and latest launch occurred in June 2019, just one month before that upper stage test. 40 months later, the rocket might finally launch again, and it will do so by attempting what is likely SpaceX’s most difficult customer mission to date. To enable the high performance required for the mission, USSF-44 will also intentionally expend a Falcon Heavy booster for the first time. The rocket’s two new side boosters will boost back to Florida and land side by side at LZ-1 and LZ-2, but its new center core will be expended after a single flight.

During Falcon Heavy processing, the T/E can only fit inside the Pad 39A hangar after the rocket is fully assembled and suspended by cranes. (SpaceX)

SpaceX has already finished converting Pad 39A’s mobile transporter/erector, which was previously set up for single-core Falcon 9 rockets. The T/E will eventually roll inside the pad’s integration hangar, confirming that Falcon Heavy has been fully assembled and is about to be installed on the structure. The rocket will then be rolled out to the pad and brought vertical for static fire testing, a process that will likely begin at least a week before the current October 28th launch target.

If testing is successful, Falcon Heavy will return to the hangar, have its fairing and USSF-44 payload installed, and roll out to the pad one last time. Stay tuned for updates on that ongoing process.

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

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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Investor's Corner

Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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