81 FR 1472 - Waiver of Acceptable Risk Restriction for Launch
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 7 (January 12, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 7 (January 12, 2016)
| Page Range | 1472-1474 | |
| FR Document | 2016-00443 |
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)] [Notices] [Pages 1472-1474] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00443] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Waiver of Acceptable Risk Restriction for Launch AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of waiver. ----------------------------------------------------------------------- SUMMARY: This notice concerns two petitions for waiver submitted to the FAA by Space Exploration Technologies Corp. (SpaceX): (1) A petition to waive the requirement that a waiver request be submitted at least 60 days before the effective date of the waiver unless good cause for later submission is shown in the petition; and (2) a petition to waive the restriction that the risk to the public from the launch of an expendable launch vehicle not exceed an expected average number of 0.00003 casualties (Ec <= 30 x 10-\6\) from debris. DATES: This notice is effective January 12, 2016 and is applicable beginning December 18, 2015. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this waiver, contact Charles P. Brinkman, Licensing Program Lead, Commercial Space Transportation--Licensing and Evaluation Division, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 7715; email: [email protected]. For legal questions concerning this waiver, contact Laura Montgomery, Manager, Space Law Branch, AGC-210, Office of the Chief Counsel, Regulations Division, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3150; email: [email protected]. SUPPLEMENTARY INFORMATION: Background On November 19, 2015, SpaceX submitted a petition, which it revised on November 24, 2015, to the Federal Aviation Administration's (FAA's) Office of Commercial Space Transportation (AST) requesting a waiver with respect to a launch license for flight of a Falcon 9 launch vehicle carrying ORBCOMM-2 satellites. SpaceX requested a waiver of 14 CFR 417.107(b)(1), which prohibits the launch of an expendable launch vehicle if the total expected average number of casualties (Ec ) for the launch exceeds 0.00003 for risk from debris. Because the scheduled launch was planned to occur in less than sixty days, SpaceX also requested a waiver to section 404.3(b)(5), which requires that a petition for waiver be submitted at least sixty days before the proposed effective date of the waiver, which in this case would be the date of the planned launch. The FAA licenses the launch of a launch vehicle and reentry of a reentry vehicle under authority granted to the Secretary of Transportation in the Commercial Space Launch Act of 1984, as amended and re-codified by 51 U.S.C. Subtitle V, chapter 509 (Chapter 509), and delegated to the FAA Administrator and the Associate Administrator for Commercial Space Transportation, who exercises licensing authority under Chapter 509. SpaceX is a private commercial space flight company. The petition addresses an upcoming flight that SpaceX plans to undertake to deliver the ORBCOMM-2 satellites. SpaceX's Falcon 9 launch vehicle will launch from Cape Canaveral Air Force Station (CCAFS) and its first stage will fly back to CCAFS for landing. The U.S. Air Force advised SpaceX that the preliminary calculation of Ec for the launch, including the planned first stage fly back, shows the launch would exceed the 0.00003 limit imposed by section 417.107(b)(1). The 45th Space Wing Range Safety calculated the total unmitigated Ec for the mission to be 0.000118 based on daytime populations on CCAFS, the worst-case December weather within the 45th Space Wing Range Safety data files, and 0.9665 reliability assigned to the flight computer with autonomous engine shutdown algorithms. The reliability of the human-activated flight termination system is 0.999. With mitigation, namely, the evacuation of all non- [[Page 1473]] essential personnel including visitors and press from CCAFS, risk drops to as low as 86 x 10-\6\ expected casualties, which is within the Air Force's criteria of 100 x 10-\6\ expected casualties for the sum of risks due to impacting inert and impacting explosive debris, toxic release, and far field blast overpressure. Analysis indicates that almost all the risk is due to debris, with the risk associated with the latter two hazards not contributing to the overall risk. The risk for debris is comprised of 76 x 10-\6\ for ascent and fly back, with almost all of that risk coming from the fly back of the Falcon 9 first stage to CCAFS. Downrange overflight of Europe contributes 7 x 10-\6\, and the planned disposal of the Falcon 9 upper stage in the southern Pacific Ocean contributes less than 3 x 10-\6\. The FAA recognizes that any estimate of the Ec for any launch includes substantial uncertainties, and presenting these risk results as precise numbers implies better accuracy than actually exists. However, this type of presentation does allow showing the relative contributions of each of the risk components. Further, the risk computed on the day of launch may be different from the current estimate above. Waiver Criteria Chapter 509 allows the FAA to waive a license requirement if the waiver (1) will not jeopardize public health and safety, safety of property; (2) will not jeopardize national security and foreign policy interests of the United States; and (3) will be in the public interest. 51 U.S.C. 50905(b)(3) (2011); 14 CFR 404.5(b) (2011). Section 404.3(b)(5) Waiver Petition Section 404.3(b)(5) requires that a petition for waiver be submitted at least sixty days before the proposed effective date of the waiver, which in this case would be the date of the planned launch, currently scheduled for December 19, 2015. This section also provides that a petition may be submitted late for good cause. Here, SpaceX initially submitted its waiver on November 19, 2015, which it revised on November 24, 2015, less than sixty days before the intended launch date. SpaceX needed the results of the initial analysis by the 45th Space Wing Range Safety before it was evident that a waiver of the Ec requirement would be required. Accordingly, the FAA is able to find good cause. Section 417.107(b)(1) Waiver Petition Section 417.107(b)(1) prohibits the launch of a launch vehicle if the total Ec for the launch exceeds 0.00003 for debris. For reasons described below and in order to account for the potential variation in the Ec computed on the day of launch, the FAA will allow SpaceX to conduct a mission where the expected casualty risk due to impacting inert and impacting explosive debris exceeds 30 x 10-\6\ casualties, provided the sum of the expected casualty risk due to debris, toxics, and far field blast overpressure remains less than or equal to 100 x 10-\6\, which is the Air Force's criterion. The expected casualty risks due to toxics and far field blast overpressure shall each remain less than or equal to 30 x 10-\6\ in accordance with 14 CFR 417.107(b)(1). Launch of the Falcon 9 Vehicle The FAA waives the debris risk requirement of section 417.107(b)(1) because the Falcon 9 launch will not jeopardize public health and safety or safety of property, a national security or foreign policy interest of the United States, and is in the public interest. i. Public Health and Safety and Safety of Property The Falcon 9 ORBCOMM-2 launch is the first launch of an orbital expendable launch vehicle with a planned fly back of one of its stages to the launch site. SpaceX has attempted two landings of its Falcon 9 first stage on a barge on the ocean off CCAFS. The stages reached their intended landing spot, but did not survive the landings. In neither case was public health or safety or safety of third party property jeopardized. The damage to SpaceX's barge was minimal. The USAF conducted an assessment of the risk to property on CCAFS and has determined that the risks are acceptable. The total risk that will be permitted will not exceed the expected casualty criterion proposed by the FAA in Changing the Collective Risk Limits for Launches and Reentries and Clarifying the Risk Limit Use to Establish Hazard Areas for Ships and Aircraft, Notice of Proposed Rulemaking, 79 FR 42241 (Jul. 21, 2014) (Risk NPRM), and used by NASA, the United States Air Force, and other U.S. National Test Ranges. See U.S. Air Force Instruction 91-217, Space Safety and Mishap Prevention Program (2010); NASA Procedural Requirements 8715.5 Rev A, Range Flight Safety Program (2010); Range Commanders Council (RCC) Standard 321-10, Common Risk Criteria Standards for National Test Ranges (2010). The major contribution to Ec for this launch of the Falcon 9 is attributable to the fly back of its first stage to CCAFS. As part of this mission, SpaceX intends to demonstrate the feasibility of returning the first stage to the launch site for its eventual reuse instead of disposing it in the ocean. The current Ec requirement for government launches from U.S. National Test Ranges is that risk from launch may not exceed 100 x 10-\6\, which, because it is comprised of the sum of the risks from the three principal hazards of debris, toxics, and overpressure, means that the federal launch ranges can permit the risk attributable to debris to exceed the FAA's risk threshold. See Air Force Instruction 91-217, Space Safety and Mishap Prevention Program (2010). The FAA recently proposed a rule similar to that of U.S. National Test Ranges that would permit launch to occur so long as the total risk did not exceed 0.0001. The FAA has previously waived section 417.107(b)(1) to allow SpaceX to conduct a launch whose total Ec was calculated to be between approximately 98 x 10-\6\ and 121 x 10-\6\, and, accounting for potential variation on the day of launch, allowed SpaceX to conduct the mission as long as Ec did not exceed 0.00013. 77 FR 24556- 01, 2012 WL 1387813. For the reasons provided in the Risk NPRM and previous waivers, the FAA considers the estimated risk of 86 x 10-\6\ will not jeopardize public safety. ii. National Security and Foreign Policy Implications The FAA has identified no national security or foreign policy implications associated with granting this waiver. iii. Public Interest The waiver is consistent with the public interest goals of Chapter 509 and the National Space Transportation Policy. Three of the public policy goals of Chapter 509 are: (1) To promote economic growth and entrepreneurial activity through use of the space environment; (2) to encourage the United States private sector to provide launch and reentry vehicles and associated services; and (3) to facilitate the strengthening and expansion of the United States space transportation infrastructure to support the full range of United States space-related activities. See 51 U.S.C. 50901(b)(1), (2), (4). Commercial Space Transportation Licensing Regulations, Notice of Proposed Rulemaking, 62 FR 13230 (Mar. 19, 1997). A successful demonstration of a stage returning to a launch site has the potential for reducing launch costs. As it is a major procurer of launch services, reduced launch costs will be of direct benefit to the U.S. Government. It will also help to make the U.S. launch industry more competitive internationally. The [[Page 1474]] National Space Transportation Policy clearly identifies how strengthening US competitiveness in the international launch market and improving the cost effectiveness of US space transportation services are in the public interests: ``Maintaining an assured capability to meet United States Government needs, while also taking the necessary steps to strengthen U.S. competitiveness in the international commercial launch market, is important to ensuring that U.S. space transportation capabilities will be reliable, robust, safe, and affordable in the future. Among other steps, improving the cost effectiveness of U.S. space transportation services could help achieve this goal by allowing the United States Government to invest a greater share of its resources in other needs such as facilities modernization, technology advancement, scientific discovery, and national security. Further, a healthier, more competitive U.S. space transportation industry would facilitate new markets, encourage new industries, create high technology jobs, lead to greater economic growth and security, and would further the Nation's leadership role in space.'' SpaceX's proposed demonstration is in the public interest. Issued in Washington, DC, on December 18, 2015. Kenneth Wong, Commercial Space Transportation, Licensing and Evaluation Division Manag. [FR Doc. 2016-00443 Filed 1-11-16; 8:45 am] BILLING CODE 4910-13-P
![1472 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices
events that could produce debris space transportation services could help 267–3150; email: Laura.Montgomery@
outside of the impact limit lines for a achieve this goal by allowing the United faa.gov.
small portion of the ORBCOMM–2 fly States Government to invest a greater SUPPLEMENTARY INFORMATION:
back operations (where the concern share of its resources in other needs
exists) is within this threshold, even such as facilities modernization, Background
with input data that assume the worst technology advancement, scientific On November 19, 2015, SpaceX
case weather conditions. Thus, the FAA discovery, and national security. submitted a petition, which it revised
has determined that this waiver will not Further, a healthier, more competitive on November 24, 2015, to the Federal
jeopardize public health and safety or U.S. space transportation industry Aviation Administration’s (FAA’s)
the safety of property. would facilitate new markets, encourage Office of Commercial Space
new industries, create high technology Transportation (AST) requesting a
ii. National Security and Foreign Policy
jobs, lead to greater economic growth waiver with respect to a launch license
Implications
and security, and would further the for flight of a Falcon 9 launch vehicle
The USAF conducted an assessment Nation’s leadership role in space.’’
of the risk to property on CCAFS, carrying ORBCOMM–2 satellites.
SpaceX’s proposed demonstration is in SpaceX requested a waiver of 14 CFR
including assets used for national the public interest.
security space missions, and has 417.107(b)(1), which prohibits the
determined that those risks are
Issued in Washington, DC, on December launch of an expendable launch vehicle
18, 2015. if the total expected average number of
acceptable. The FAA has identified no
Kenneth Wong, casualties (Ec) for the launch exceeds
national security or foreign policy
implications associated with granting Commercial Space Transportation, Licensing 0.00003 for risk from debris. Because
and Evaluation Division Manager. the scheduled launch was planned to
this waiver.
[FR Doc. 2016–00444 Filed 1–11–16; 8:45 am] occur in less than sixty days, SpaceX
iii. Public Interest BILLING CODE 4910–13–P also requested a waiver to section
The waiver is consistent with the 404.3(b)(5), which requires that a
public interest goals of Chapter 509 and petition for waiver be submitted at least
the National Space Transportation DEPARTMENT OF TRANSPORTATION sixty days before the proposed effective
Policy. Three of the public policy goals date of the waiver, which in this case
Federal Aviation Administration would be the date of the planned
of Chapter 509 are: (1) To promote
economic growth and entrepreneurial Waiver of Acceptable Risk Restriction launch.
activity through use of the space The FAA licenses the launch of a
for Launch
environment; (2) to encourage the launch vehicle and reentry of a reentry
United States private sector to provide AGENCY: Federal Aviation vehicle under authority granted to the
launch and reentry vehicles and Administration (FAA), DOT. Secretary of Transportation in the
associated services; and (3) to facilitate ACTION: Notice of waiver. Commercial Space Launch Act of 1984,
the strengthening and expansion of the as amended and re-codified by 51 U.S.C.
United States space transportation SUMMARY: This notice concerns two Subtitle V, chapter 509 (Chapter 509),
infrastructure to support the full range petitions for waiver submitted to the and delegated to the FAA Administrator
of United States space-related activities. FAA by Space Exploration Technologies and the Associate Administrator for
See 51 U.S.C. 50901(b)(1), (2), (4). Corp. (SpaceX): (1) A petition to waive Commercial Space Transportation, who
Commercial Space Transportation the requirement that a waiver request be exercises licensing authority under
Licensing Regulations, Notice of submitted at least 60 days before the Chapter 509.
Proposed Rulemaking, 62 FR 13230 effective date of the waiver unless good SpaceX is a private commercial space
(Mar. 19, 1997). A successful cause for later submission is shown in flight company. The petition addresses
demonstration of a stage returning to a the petition; and (2) a petition to waive an upcoming flight that SpaceX plans to
launch site has the potential for the restriction that the risk to the public undertake to deliver the ORBCOMM–2
reducing launch costs. As it is a major from the launch of an expendable satellites. SpaceX’s Falcon 9 launch
procurer of launch services, reduced launch vehicle not exceed an expected vehicle will launch from Cape
launch costs will be of direct benefit to average number of 0.00003 casualties Canaveral Air Force Station (CCAFS)
the U.S. Government. It will also help (Ec ≤ 30 × 10¥6) from debris. and its first stage will fly back to CCAFS
to make the U.S. launch industry more DATES: This notice is effective January for landing.
competitive internationally. The 12, 2016 and is applicable beginning The U.S. Air Force advised SpaceX
National Space Transportation Policy December 18, 2015. that the preliminary calculation of Ec for
clearly identifies how strengthening FOR FURTHER INFORMATION CONTACT: For the launch, including the planned first
U.S. competitiveness in the technical questions concerning this stage fly back, shows the launch would
international launch market and waiver, contact Charles P. Brinkman, exceed the 0.00003 limit imposed by
improving the cost effectiveness of U.S. Licensing Program Lead, Commercial section 417.107(b)(1). The 45th Space
space transportation services are in the Space Transportation—Licensing and Wing Range Safety calculated the total
public interest: ‘‘Maintaining an assured Evaluation Division, 800 Independence unmitigated Ec for the mission to be
capability to meet United States Avenue SW., Washington, DC 20591; 0.000118 based on daytime populations
Government needs, while also taking telephone: (202) 267–7715; email: on CCAFS, the worst-case December
the necessary steps to strengthen U.S. Phil.Brinkman@faa.gov. For legal weather within the 45th Space Wing
tkelley on DSK3SPTVN1PROD with NOTICES
competitiveness in the international questions concerning this waiver, Range Safety data files, and 0.9665
commercial launch market, is important contact Laura Montgomery, Manager, reliability assigned to the flight
to ensuring that U.S. space Space Law Branch, AGC–210, Office of computer with autonomous engine
transportation capabilities will be the Chief Counsel, Regulations Division, shutdown algorithms. The reliability of
reliable, robust, safe, and affordable in Federal Aviation Administration, 800 the human-activated flight termination
the future. Among other steps, Independence Avenue SW., system is 0.999. With mitigation,
improving the cost effectiveness of U.S. Washington, DC 20591; telephone (202) namely, the evacuation of all non-
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![1474 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices
National Space Transportation Policy must be received on or before February provide a small medical delivery service
clearly identifies how strengthening US 1, 2016. between Ridgecrest Regional Hospital
competitiveness in the international ADDRESSES: Send comments identified and its remote rural satellite clinics
launch market and improving the cost by docket number FAA–2015–3442 beyond visual line of sight of the PIC.
effectiveness of US space transportation using any of the following methods: [FR Doc. 2016–00415 Filed 1–11–16; 8:45 am]
services are in the public interests: • Federal eRulemaking Portal: Go to BILLING CODE 4910–13–P
‘‘Maintaining an assured capability to http://www.regulations.gov and follow
meet United States Government needs, the online instructions for sending your
while also taking the necessary steps to comments electronically. DEPARTMENT OF TRANSPORTATION
strengthen U.S. competitiveness in the • Mail: Send comments to Docket
international commercial launch Operations, M–30; U.S. Department of Federal Motor Carrier Safety
market, is important to ensuring that Transportation (DOT), 1200 New Jersey Administration
U.S. space transportation capabilities Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC [Docket No. FMCSA–2015–0347]
will be reliable, robust, safe, and
affordable in the future. Among other 20590–0001. Qualification of Drivers; Exemption
steps, improving the cost effectiveness • Hand Delivery or Courier: Take
Applications; Vision
of U.S. space transportation services comments to Docket Operations in
could help achieve this goal by allowing Room W12–140 of the West Building AGENCY: Federal Motor Carrier Safety
the United States Government to invest Ground Floor at 1200 New Jersey Administration (FMCSA), DOT.
a greater share of its resources in other Avenue SE., Washington, DC, between 9 ACTION: Notice of applications for
needs such as facilities modernization, a.m. and 5 p.m., Monday through exemptions; request for comments.
technology advancement, scientific Friday, except Federal holidays.
discovery, and national security. • Fax: Fax comments to Docket SUMMARY: FMCSA announces receipt of
Further, a healthier, more competitive Operations at 202–493–2251. applications from 28 individuals for
Privacy: In accordance with 5 U.S.C. exemption from the vision requirement
U.S. space transportation industry
553(c), DOT solicits comments from the in the Federal Motor Carrier Safety
would facilitate new markets, encourage
public to better inform its rulemaking Regulations. They are unable to meet
new industries, create high technology
process. DOT posts these comments, the vision requirement in one eye for
jobs, lead to greater economic growth
without edit, including any personal various reasons. The exemptions will
and security, and would further the
information the commenter provides, to enable these individuals to operate
Nation’s leadership role in space.’’
http://www.regulations.gov, as commercial motor vehicles (CMVs) in
SpaceX’s proposed demonstration is in
described in the system of records interstate commerce without meeting
the public interest.
notice (DOT/ALL–14 FDMS), which can the prescribed vision requirement in
Issued in Washington, DC, on December be reviewed at http://www.dot.gov/
18, 2015.
one eye. If granted, the exemptions
privacy. would enable these individuals to
Kenneth Wong, Docket: Background documents or qualify as drivers of commercial motor
Commercial Space Transportation, Licensing comments received may be read at vehicles (CMVs) in interstate commerce.
and Evaluation Division Manag. http://www.regulations.gov at any time.
Follow the online instructions for DATES: Comments must be received on
[FR Doc. 2016–00443 Filed 1–11–16; 8:45 am]
accessing the docket or go to the Docket or before [Insert date 30 days after date
BILLING CODE 4910–13–P
Operations in Room W12–140 of the of publication in the Federal Register].
West Building Ground Floor at 1200 All comments will be investigated by
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington, FMCSA. The exemptions will be issued
DC, between 9 a.m. and 5 p.m., Monday the day after the comment period closes.
Federal Aviation Administration through Friday, except Federal holidays. ADDRESSES: You may submit comments
FOR FURTHER INFORMATION CONTACT: Dan bearing the Federal Docket Management
[Summary Notice No. PE–15–74] Ngo (202) 267–4264, Office of System (FDMS) Docket No. FMCSA–
Rulemaking, Federal Aviation 2015–0347 using any of the following
Petition for Exemption; Summary of Administration, 800 Independence methods:
Petition Received; Monarch, Inc. Avenue SW., Washington, DC 20591. • Federal eRulemaking Portal: Go to
This notice is published pursuant to http://www.regulations.gov. Follow the
AGENCY: Federal Aviation on-line instructions for submitting
14 CFR 11.85.
Administration (FAA), DOT. comments.
Issued in Washington, DC, on January 7,
ACTION: Notice.
2016. • Mail: Docket Management Facility;
Lirio Liu, U.S. Department of Transportation, 1200
SUMMARY: This notice contains a New Jersey Avenue SE., West Building
summary of a petition seeking relief Director, Office of Rulemaking.
Ground Floor, Room W12–140,
from specified requirements of title 14 Petition for Exemption Washington, DC 20590–0001.
of the Code of Federal Regulations. The • Hand Delivery: West Building
purpose of this notice is to improve the Docket No.: FAA–2015–3442.
Petitioner: Monarch, Inc. Ground Floor, Room W12–140, 1200
public’s awareness of, and participation New Jersey Avenue SE., Washington,
Section(s) of 14 CFR Affected: 21
in, the FAA’s exemption process. DC, between 9 a.m. and 5 p.m., Monday
Subpart H, 45.23(b), 61.113(a) and (b),
Neither publication of this notice nor
tkelley on DSK3SPTVN1PROD with NOTICES
91.7(a), 91.9(b)(2), 91.103, 91.109(a), through Friday, except Federal
the inclusion or omission of information Holidays.
91.119(c), 91.121, 91.151(a) and (b),
in the summary is intended to affect the • Fax: 1–202–493–2251.
91.203(a) and (b), 91.405(a),
legal status of the petition or its final Instructions: Each submission must
91.407(a)(1), 91.409(a)(1) and (a)(2), and
disposition. include the Agency name and the
91.417(a) and (b)
DATES: Comments on this petition must Description of Relief Sought: The docket numbers for this notice. Note
identify the petition docket number and petitioner requests to use a UAS to that all comments received will be
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Document Created: 2016-01-12 01:23:03
Document Modified: 2016-01-12 01:23:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of waiver. | |
| Dates | This notice is effective January 12, 2016 and is applicable beginning December 18, 2015. | |
| Contact | For technical questions concerning this waiver, contact Charles P. Brinkman, Licensing Program Lead, Commercial Space Transportation--Licensing and Evaluation Division, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 7715; email: [email protected] For legal questions concerning this waiver, contact Laura Montgomery, Manager, Space Law Branch, AGC-210, Office of the Chief Counsel, Regulations Division, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3150; email: [email protected] | |
| FR Citation | 81 FR 1472 |
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