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Elon Musk says SpaceX’s orbital Starship debut headed for FAA faceoff in a few weeks

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CEO Elon Musk says that SpaceX’s first completed Starship rocket could be ready for its orbital launch debut just “a few weeks” from now – far sooner than most expected.

On August 6th, SpaceX very stacked that same vehicle – Starship 20 (S20) and Super Heavy Booster 4 (B4) – to its full height for the first time ever, briefly creating the largest rocket ever assembled. However, the feat was equally a symbolic photo opportunity. SpaceX did install an unprecedented number of Raptor engines on Booster 4 and Ship 20 in a spectacularly short timeframe and both stages are technically meant for flight, but Starship S20 was demated less than an hour later and shipped back to the factory shortly thereafter.

Though they’d had Raptors installed and been stacked to their full ~120m (~390 ft) height, neither booster or ship were truly complete and at least 20% of their engines had yet to be qualified at SpaceX’s McGregor, Texas test campus. Both needed a week or two of additional work – mostly just wiring avionics and installing secondary and tertiary plumbing. Curiously, on August 13th, Starship S20 was once again rolled to SpaceX’s Boca Chica launch site in a partial state of completion, where it now sits beside the orbital launch mount for unknown reasons.

After several days of delays, SpaceX also removed Super Heavy B4 from the orbital launch mount and returned it to the build site on August 11th, where teams are still working to finish its secondary plumbing and avionics. Like Ship 20, all of its Raptors were removed soon after its return, freeing both to complete cryogenic proof testing without risking dozens of potentially flightworthy rocket engines.

Like all previous Starship prototypes, those ‘cryo proof’ tests will involved loading Ship 20 and Booster 4 with supercool liquid nitrogen (LN2), simulating the weight and extreme thermal stress of real liquid oxygen (LOx) and methane (LCH4) propellant without the risk of a catastrophic fire or explosion in the event of anomalies.

For more than a month, SpaceX also gradually outfitted one of two suborbital launch mounts with special hydraulic rams that would have simulated the thrust of Ship 20’s three sea level and three vacuum-optimized Raptor engines – the first Starship prototype with such a configuration. The same was true for Booster 4 and SpaceX had outfitted a new test jig with nine hydraulic rams labeled “B4” – clearly meant to simulate the thrust of nine engines pushing against the Super Heavy’s thrust puck. Additionally, a far larger structural test tool unofficially nicknamed the ‘can crusher’ has been more or less finished after ~6 weeks of work, leading many to assume that Booster 4 would be the first Super Heavy to be subjected to the immense simulated thrust of 29 Raptor engines.

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However, earlier this week, SpaceX completely disassembled the six hydraulic rams installed on Mount B and removed all nine rams from the apparent Booster 4 jig. Starship S20 was then rolled back to spot beside the orbital launch mount – not the suborbital mount that had been carefully prepared for its test campaign mere days prior. At the time, the only practical explanation – save for some kind of catastrophic miscommunication – was that SpaceX had cancelled clear plans to cryo proof Ship 20 and Booster 4 with simulated Raptor thrust.

Up to now, every single major design change implemented on Starship’s engine section has resulted in the first prototype – and often one or several test tanks – being subjected to cryo proof testing with a complex series of hydraulic rams used to simulate thrust. That most recently peaked with SpaceX’s lone BN2.1 Super Heavy test tank, which seemingly passed a cryo proof, pressure test, and a jig capable of simulating the thrust of up to eight Raptor engines. However, SpaceX has never tested Super Heavy’s new nine-engine thrust puck and has certainly never subjected a Super Heavy booster skirt to the combined thrust of 20 outer engines and 9 center engines.

The fact that complex custom test stands and jigs had already been assembled and installed for Ship 20 and Booster 4 before they were removed or disassembled without use strongly implies that someone at SpaceX – presumably Elon Musk himself – has either decided that those tests are unnecessary or that skipping them is worth the substantial risk. Indeed, for Musk’s subsequent August 15th claim that Ship 20 and Booster 4 could be stacked and ready for flight just “a few weeks” from now to come true, 14-21 days is simply nowhere close to enough time to cryo proof, thrust sim, and static fire both vehicles; integrate the stages; and perform the first true integrate testing of a Starship stack – possibly up to and including some combination of a full-stack cryo proof, wet dress rehearsal, or static fire.

And, as Musk himself notes, that complex ballet of first-of-their-kind rocket prototypes might not even be the long straw for Starship’s orbital launch debut. Technically, short of some kind of major legal intervention, there is actually no way for Starship to launch in the next “few weeks.” In an absolute best-case scenario, the Federal Aviation Administration (FAA) would release a draft environmental review of SpaceX’s orbital Starship launch site today, accept public comments for the required 30 days, instantly clear Starbase with environmental approval within a few days of the public comment window, and then approve Starship’s South Texas orbital launch license as soon as the necessary environmental permissions are in hand.

In other words, the best-case ETA of regulatory approvals for Starship’s first orbital test flight is arguably late September and going off of FAA precedent, that optimistic scenario is also a fairy tale. In reality, a bare minimum of 2-3 months after the FAA releases its draft environmental impact statement is a more realistic best-case scenario for SpaceX. On the opposite end, it’s possible that the FAA will decide that SpaceX needs to complete an entirely new environmental review for its Starbase launch site, easily delaying Starship’s orbital launch debut by 6-12+ months. That doesn’t even account for the potential looming challenges SpaceX might have to surmount to secure an orbital Starship launch license.

Given the challenges SpaceX had in securing even a watered-down suborbital launch license for its medium-altitude Starship flight tests, it’s not out of the question that the FAA could attach some extremely onerous limitations to that license. Ultimately, only time (and the slightest hint of actual movement or urgency at the FAA) will tell and there is arguably nothing that would better apply pressure in the right places than the largest, most powerful, most ambitious rocket ever built sitting – ready for flight – at a brand new launch pad, waiting solely on regulatory approval.

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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

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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