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SpaceX hits back at FAA in scathing new letter, claiming fines were retaliation

SpaceX Starship's IF-3 Launch

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SpaceX has released a scathing new letter that it has sent to the Federal Aviation Administration (FAA), criticizing its “lack of resources to timely review licensing materials” and claiming the recently announced fines of over $600,000 are retaliation for “increased scrutiny” on the Office of Commercial Space Transportation (AST).

The space exploration company and the regulatory agency are clearly in a very public feud that now seems to be going in a direction that will not benefit either party.

SpaceX released a blog post earlier this month that talked about regulatory delays, and how Starship had been ready to take its fifth test flight, but the FAA had given an estimated approval date of November, well past the early August date the company had hoped and planned for.

The FAA then fined SpaceX for three different violations related to two flights, which were both launched last Summer in June and July.

Just a day after the FAA announced these fines, SpaceX has released a letter to FAA Chairs Frank Lucas and Maria Cantwell, as well as Ranking Members Zoe Lofgren and Ted Cruz.

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SpaceX alleges in the letter that the AST and FAA have not been able to complete a timely review of licensing materials, and the lack of streamlining in this process has not only hurt the development of its technologies but also impacted “national security and national priorities.”

The company also claims the $633,009 in penalties could be a potential retaliation for criticism it has passed to regulatory agencies:

“Most recently, the FAA alleged that SpaceX violated its regulations and proposed a $633,009 penalty for these alleged violations. It is notable that these violations and penalties were announced shortly after increased scrutiny on AST by Congress for its failure to reasonably and timely execute its regulatory obligations. It is also notable that, in announcing these penalties, FAA’s politically appointed Chief Counsel was quoted in the FAA’s announcement on the matter. It is SpaceX’s understanding that it is highly irregular, and perhaps unprecedented, for a Chief Counsel to be quoted on an enforcement matter. SpaceX forcefully rejects the FAA’s assertion that it violated any regulations.”

CEO Elon Musk has already revealed that SpaceX will sue the FAA, claiming “regulatory overreach.”

Elon Musk reveals SpaceX will sue the FAA

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SpaceX goes on to clap back at the FAA’s fines, breaking down each supposed violation and challenging the communication and legitimacy that the agency and the AST used to penalize that company.

Each rebuttal from SpaceX shows the FAA did not communicate in a timely fashion with the company, along with other pieces of evidence that challenge the legitimacy of the fines.

It is clear SpaceX is not going to take the fines laying down and will likely challenge the FAA at every step. Whether this will result in more streamlined approval processes for future launches remains to be seen.

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One thing is clear: SpaceX has one heck of a backbone, and it will refuse to be pushed around by regulatory agencies, especially if it feels there is a political motivation behind the exentsive delays.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla dispels reports of ‘sales suspension’ in California

“This was a “consumer protection” order about the use of the term “Autopilot” in a case where not one single customer came forward to say there’s a problem.

Sales in California will continue uninterrupted.”

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Credit: Tesla

Tesla has dispelled reports that it is facing a thirty-day sales suspension in California after the state’s Department of Motor Vehicles (DMV) issued a penalty to the company after a judge ruled it “misled consumers about its driver-assistance technology.”

On Tuesday, Bloomberg reported that the California DMV was planning to adopt the penalty but decided to put it on ice for ninety days, giving Tesla an opportunity to “come into compliance.”

Tesla enters interesting situation with Full Self-Driving in California

Tesla responded to the report on Tuesday evening, after it came out, stating that this was a “consumer protection” order that was brought up over its use of the term “Autopilot.”

The company said “not one single customer came forward to say there’s a problem,” yet a judge and the DMV determined it was, so they want to apply the penalty if Tesla doesn’t oblige.

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However, Tesla said that its sales operations in California “will continue uninterrupted.”

It confirmed this in an X post on Tuesday night:

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The report and the decision by the DMV and Judge involved sparked outrage from the Tesla community, who stated that it should do its best to get out of California.

One X post said California “didn’t deserve” what Tesla had done for it in terms of employment, engineering, and innovation.

Tesla has used Autopilot and Full Self-Driving for years, but it did add the term “(Supervised)” to the end of the FSD suite earlier this year, potentially aiming to protect itself from instances like this one.

This is the first primary dispute over the terminology of Full Self-Driving, but it has undergone some scrutiny at the federal level, as some government officials have claimed the suite has “deceptive” naming. Previous Transportation Secretary Pete Buttigieg was vocally critical of the use of the name “Full Self-Driving,” as well as “Autopilot.”

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New EV tax credit rule could impact many EV buyers

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date. However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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tesla showroom
Credit: Tesla

Tesla owners could be impacted by a new EV tax credit rule, which seems to be a new hoop to jump through for those who benefited from the “extension,” which allowed orderers to take delivery after the loss of the $7,500 discount.

After the Trump Administration initiated the phase-out of the $7,500 EV tax credit, many were happy to see the rules had been changed slightly, as deliveries could occur after the September 30 cutoff as long as orders were placed before the end of that month.

However, there appears to be a new threshold that EV buyers will have to go through, and it will impact their ability to get the credit, at least at the Point of Sale, for now.

Delivery must be completed by the end of the year, and buyers must take possession of the car by December 31, 2025, or they will lose the tax credit. The U.S. government will be closing the tax credit portal, which allows people to claim the credit at the Point of Sale.

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date.

However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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If not, the order can still go through, but the buyer will not be able to claim the tax credit, meaning they will pay full price for the vehicle.

This puts some buyers in a strange limbo, especially if they placed an order for the Model Y Performance. Some deliveries have already taken place, and some are scheduled before the end of the month, but many others are not expecting deliveries until January.

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Elon Musk

Elon Musk takes latest barb at Bill Gates over Tesla short position

Bill Gates placed a massive short bet against Tesla of ~1% of our total shares, which might have cost him over $10B by now

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Elon Musk took his latest barb at former Microsoft CEO Bill Gates over his short position against the company, which the two have had some tensions over for a number of years.

Gates admitted to Musk several years ago through a text message that he still held a short position against his sustainable car and energy company. Ironically, Gates had contacted Musk to explore philanthropic opportunities.

Elon Musk explains Bill Gates beef: He ‘placed a massive bet on Tesla dying’

Musk said he could not take the request seriously, especially as Gates was hoping to make money on the downfall of the one company taking EVs seriously.

The Tesla frontman has continued to take shots at Gates over the years from time to time, but the latest comment came as Musk’s net worth swelled to over $600 billion. He became the first person ever to reach that threshold earlier this week, when Tesla shares increased due to Robotaxi testing without any occupants.

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Musk refreshed everyone’s memory with the recent post, stating that if Gates still has his short position against Tesla, he would have lost over $10 billion by now:

Just a month ago, in mid-November, Musk issued his final warning to Gates over the short position, speculating whether the former Microsoft frontman had still held the bet against Tesla.

“If Gates hasn’t fully closed out the crazy short position he has held against Tesla for ~8 years, he had better do so soon,” Musk said. This came in response to The Gates Foundation dumping 65 percent of its Microsoft position.

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Tesla CEO Elon Musk sends final warning to Bill Gates over short position

Musk’s involvement in the U.S. government also drew criticism from Gates, as he said that the reductions proposed by DOGE against U.S.A.I.D. were “stunning” and could cause “millions of additional deaths of kids.”

“Gates is a huge liar,” Musk responded.

It is not known whether Gates still holds his Tesla short position.

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