82_FR_29923 82 FR 29798 - Waiver of Flight Termination Receiver Qualification by Similarity Deficiencies

82 FR 29798 - Waiver of Flight Termination Receiver Qualification by Similarity Deficiencies

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29798-29800
FR Document2017-13567

This notice concerns three petitions for waiver submitted to the FAA by Rocket Lab USA Inc. (RL) for the Flight Termination Receiver (FTR) Qualification by Similarity (QBS): A petition to waive the requirement that a component may be qualified based on similarity to a component that has already been qualified for use only if the environments encountered by the previously qualified component during its qualification or flight history were equal or more severe than the Rocket Lab qualification environments; a petition to waive the Electromagnetic Interference and Compatibility (EMI/EMC) on the same units; and a petition to waive the requirement that the same manufacturer must produce the qualified and the unqualified component in the same location using identical tools and manufacturing processes. The FAA grants these three petitions.

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29798-29800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13567]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 417


Waiver of Flight Termination Receiver Qualification by Similarity 
Deficiencies

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of waiver.

-----------------------------------------------------------------------

SUMMARY: This notice concerns three petitions for waiver submitted to 
the FAA by Rocket Lab USA Inc. (RL) for the Flight Termination Receiver 
(FTR) Qualification by Similarity (QBS): A petition to waive the 
requirement that a component may be qualified based on similarity to a 
component that has already been qualified for use only if the 
environments encountered by the previously qualified component during 
its qualification or flight history were equal or more severe than the 
Rocket Lab qualification environments; a petition to waive the 
Electromagnetic Interference and Compatibility (EMI/EMC) on the same 
units; and a petition to waive the requirement that the same 
manufacturer must produce the qualified and the unqualified component 
in the same location using identical tools and manufacturing processes. 
The FAA grants these three petitions.

DATES: Issued in Washington, DC, on May 15, 2017.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this waiver, contact Michael Wiktowy, Licensing Program Lead, 
Commercial Space Transportation--Licensing and Evaluation Division, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
7287; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    RL submitted a petition to the FAA's Office of Commercial Space 
Transportation (AST) requesting relief from regulatory requirements for 
a launch license for flight of Electron test flight missions from 
Mahia, New Zealand. Specifically, RL requested relief from 14 CFR 
E417.7(f)(2) and (5), Qualification Testing and Analysis by Similarity 
for the Flight Termination Receiver. For Qualification, the Flight 
Termination Receiver is required to meet Table E417.19-2, which states 
with note (5): ``The same three sample components must undergo each 
test designated with an X. For a test designated with a quantity of 
less than three, each sample component tested must be one of the 
original three sample components.'' For Qualification Testing and 
Analysis by Similarity, Part 417 Appendix E section 417.7(f) provides 
the requirements a launch operator must satisfy in order to qualify or 
re-qualify a flight termination system component's design through 
qualification by similarity to tests performed on identical or similar 
hardware. Section E417.7(f)(2) states that to qualify component ``A'' 
based on similarity to

[[Page 29799]]

component ``B'', that has already been qualified for use, a launch 
operator must demonstrate that the environment encountered by ``B'' 
must have been equal to or more severe than the qualification 
environments required for ``A''. Specifically, RL used different 
components for the random vibration qualification test and the EMI/EMC 
qualification test instead of the original three qualification sample 
components used for the other tests under E417.7(f)(2). Section 
E417.7(f)(5) requires that the same manufacturer produce ``A'' and 
``B'' in the same location using identical tools and manufacturing 
processes. Specifically, RL's sample ``A'' and ``B'' were manufactured 
at different locations with different manufacturing processes.
    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.
    RL is a private commercial space flight company. RL seeks to lower 
the cost and increase the frequency of access to space for small 
payloads, potentially expanding the opportunity for space services and 
research. RL's petition for waiver addresses all upcoming Electron test 
flights that RL plans to launch from the Mahia Peninsula, New Zealand. 
The Electron launch is the first planned test flight from the 
privately-owned Rocket Lab Launch Complex at Mahia Peninsula in Hawkes 
Bay, New Zealand. The launch location is capable of hosting launches to 
the northeast, east, and south. The area within 20 NM surrounding the 
launch site is extremely remote, and has a low population density. The 
launch flight corridor will have minimal impact on air and marine 
traffic.

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. 
See 51 U.S.C. 50905(b)(3) (2011); 14 CFR 404.5(b) (2011).

Section E417.7(f)(2) and (5) Waiver Petition

    Section E417.7(f)(2) requires a launch operator wishing to qualify 
a component's design through qualification by similarity to tests 
performed on identical or similar hardware to demonstrate that the 
environments encountered by the component during its qualification or 
flight history were equal to or more severe than the qualification 
environments required for a component that has already been qualified 
for use. Section E417.7(f)(5) requires a launch operator qualifying a 
component's design as discussed above to demonstrate that the same 
manufacturer produced both the qualified component and the component 
the launch operator wishes to qualify in the same location using 
identical tools and manufacturing processes. For reasons described 
below, the FAA waives the requirements in section E417.7(f)(2) and (5) 
to allow RL to use components in its flight termination system that 
were qualified by similarity to more than one qualified component.
    In deciding whether or not to issue a waiver, the FAA had to 
analyze whether the waiver: (1) Would jeopardize public health and 
safety or safety of property; (2) would jeopardize national security 
and foreign policy interests of the United States; and (3) was in the 
public interest. See 51 U.S.C. 50905(b)(3); 14 CFR 404.5(b).

i. Public Health and Safety and Safety of Property

    Part 417 contains requirements for qualification and acceptance 
testing of flight termination system components based on the approach 
used at the federal launch ranges. At federal launch ranges, flight 
termination system components are tested according to federal range-
approved test procedures and requirements. Verification methods include 
test, analysis, and inspection. As an alternative to testing, 
components of an FTS are sometimes qualified by similarity. A component 
that has been qualified through testing for one launch vehicle may be 
approved for use on a different launch vehicle if it can be shown that 
the environments in which it must operate on the second vehicle are no 
harsher than those of the first. Also, with limited additional testing, 
the component may be qualified for a more severe environment. Although 
RL did not complete each of the qualification by similarity 
requirements for its flight termination receiver as required by the 
regulations, the failsafe design of the Electron's flight termination 
system combined with the remoteness of the operating area allow the FAA 
to find that RL's activities will not jeopardize public health and 
safety and safety of property.
    RL procured the Electron launch vehicle's flight termination 
receiver from Vendor A, who performed several qualification and delta 
qualification tests. A delta qualification test extends the tested 
environments to cover specific tests or levels that were not previously 
covered. RL submitted a Qualification by Similarity Analysis Report to 
the FAA, referencing three previous groups of similar flight 
termination receiver qualification and delta qualification tests 
performed by Vendor A. Group 1 was subjected to most of the 
qualification testing required by 14 CFR Table E417.19-2, with three 
exceptions: (a) Group 1 did not satisfy 14 CFR E417.7(f)(2) because the 
random vibration qualification environment encountered by Group 1 was 
not equal to or more severe than the random vibration qualification 
environment required for the Electron flight termination receivers, 
falling below for approximately 3.5% over the required 20 Hz to 2000 Hz 
test band; (b) Group 1 was not subjected to EMI/EMC testing; and (c) 
Group 1 did not meet the requirements of 14 CFR E417.7(f)(5) because it 
was not produced in the same manufacturing location using identical 
tools and manufacturing processes as the Rocket Lab Electron flight 
termination receivers. Group 1's deficiencies were mitigated by two 
subsequent delta qualification tests on 2 groups (referred to herein as 
Group 2 and Group 3) of similar receivers. Group 2 satisfied Electron's 
required random vibration qualification test levels for the entire 
required test band, and Group 2 was manufactured in the same location 
using identical tools and manufacturing processes as Electron flight 
termination receivers. Group 3 successfully passed EMI/EMC 
qualification testing.
    Group 1 also did not meet the requirements of 14 CFR E417.7(f)(5) 
because Group 1 was not produced in the same manufacturing location 
using identical tools and manufacturing processes as Group 2 and 
Electron flight termination receivers. Vendor A originally outsourced 
one of the flight termination receiver's printed circuit boards to 
another supplier. In late 2013, Vendor A upgraded its internal 
equipment and process, and assembled the printed circuit boards in-
house. Group 1 and Group 3 were manufactured and qualification tested 
before this change in equipment and process, whereas Group 2 and 
Electron's flight termination receivers were assembled after the 
change. To verify that the equipment and process change did not 
invalidate previous qualification and delta qualification testing, 
Vendor

[[Page 29800]]

A applied the same heritage process profile to the new equipment, 
retained heritage printed circuit board samples for periodic process 
control comparisons, and implemented periodic visual/x-ray inspections 
for consistency validation. Heritage and new equipment specifications 
were also assessed to compare their performance characteristics. White 
Sand Missile Range has reviewed and accepted this process change, for 
U.S. Government launch vehicle programs conducting launches from its 
launch range, based on improved reliability and quality of the process.
    The FAA waives the requirements of E417.7(f)(2) and (5) because the 
Electron has implemented a failsafe flight safety system design that 
would terminate thrust to the vehicle should both flight termination 
receivers fail or communication was lost with the ground station, and 
RL's operating area is remote enough that were it to experience a 
catastrophic failure, it would not jeopardize public health and safety 
and safety of property. The Electron test flight missions would occur 
from the isolated Mahia Peninsula in New Zealand. The area within 20 NM 
of Mahia Peninsula has a very low population density. The Electron 
flight corridor is over the broad ocean area with minimal impact on air 
and marine traffic. Consequence analysis showed that less than 1 in 
100,000 casualties would be expected if the worst foreseeable vehicle 
response mode (i.e., where the vehicle guidance is assumed to fail in a 
manner that leads to an attempt to guide to erroneous, randomly located 
points) occurred at the worst flight time (relatively early in flight 
before the vehicle proceeds downrange) and the flight termination 
receiver failed to activate. Thus, the casualty expectation given the 
assumption of the worst possible failure would on average still produce 
significantly less casualties than the FAA's limit of 1 in 10,000, 
which does not assume failure but rather assigns realistic failure 
probabilities. Also, the flight termination receiver's failsafe feature 
will terminate thrust if there is a loss of power or Radio Frequency 
carrier or pilot tone signal, providing an additional safety margin. 
For these reasons, the FAA has determined that waiving sections 
E417.7(f)(2) and (5) for the Electron test flight missions from Mahia, 
New Zealand will not jeopardize public health and safety or safety of 
property.

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).
    RL seeks to lower the cost and increase the frequency of access to 
space for small payloads, potentially expanding the opportunity for 
space services and research. These activities will help to make the 
U.S. launch industry more competitive internationally. The National 
Space Transportation Policy states that strengthening U.S. 
competitiveness in the international launch market and improving the 
cost effectiveness of U.S. space transportation services are in the 
public interest:
    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.
    More specifically, Rocket Lab will be carrying onboard the Electron 
launch vehicle on its inaugural launch a flight test experiment for 
NASA Kennedy Space Center which will improve public risk mitigation 
capabilities from an errant launch vehicle. This component is designed 
and manufactured by NASA KSC and is part of the independent safety 
system which will be installed on the launch vehicles. This safety 
system will be capable of determining if the flight of the launch 
vehicle will pose an unacceptable increased risk to the public based on 
mission rules designed for its unique vehicle and flight 
characteristics and programmed into the safety system and terminate the 
flight of such launch vehicle. This type of capability is in public 
interest because this safety system will allow for improved protection 
of the public from mishaps resulting from flight of errant launch 
vehicles.

    Issued in Washington, DC, on May 15, 2017.
Kenneth Wong,
Commercial Space Transportation, Licensing and Evaluation Division 
Manager.
[FR Doc. 2017-13567 Filed 6-29-17; 8:45 am]
BILLING CODE 4910-13-P



                                                    29798                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules

                                                    Revision 01, or A340–27–5067, Revision 01,              by the Manager, International Branch, ANM–             SUMMARY:    This notice concerns three
                                                    all dated December 5, 2016, as applicable.              116, Transport Airplane Directorate, FAA; or           petitions for waiver submitted to the
                                                       (4) If, during any inspection of the removed         the European Aviation Safety Agency                    FAA by Rocket Lab USA Inc. (RL) for
                                                    THSA required by paragraph (h)(1) of this               (EASA); or Airbus’s EASA Design                        the Flight Termination Receiver (FTR)
                                                    AD, any discrepancy specified in the                    Organization Approval (DOA). If approved by
                                                    Accomplishment Instructions of Airbus                   the DOA, the approval must include the
                                                                                                                                                                   Qualification by Similarity (QBS): A
                                                    Service Bulletin A330–27–3218, Revision 01,             DOA-authorized signature.                              petition to waive the requirement that a
                                                    A340–27–4203, Revision 01, or A340–27–                    (3) Required for Compliance (RC): Except             component may be qualified based on
                                                    5067, Revision 01, all dated December 5,                as required by paragraph (h)(2) of this AD: If         similarity to a component that has
                                                    2016, as applicable, is detected, before                any service information contains procedures            already been qualified for use only if the
                                                    further flight, replace the THSA with a                 or tests that are identified as RC, those              environments encountered by the
                                                    serviceable part (as defined in paragraph (i)           procedures and tests must be done to comply            previously qualified component during
                                                    of this AD), in accordance with the                     with this AD; any procedures or tests that are         its qualification or flight history were
                                                    Accomplishment Instructions of Airbus                   not identified as RC are recommended. Those
                                                    Service Bulletin A330–27–3218, Revision 01,
                                                                                                                                                                   equal or more severe than the Rocket
                                                                                                            procedures and tests that are not identified           Lab qualification environments; a
                                                    A340–27–4203, Revision 01, or A340–27–                  as RC may be deviated from using accepted
                                                    5067, Revision 01, all dated December 5,                methods in accordance with the operator’s
                                                                                                                                                                   petition to waive the Electromagnetic
                                                    2016, as applicable.                                    maintenance or inspection program without              Interference and Compatibility (EMI/
                                                                                                            obtaining approval of an AMOC, provided                EMC) on the same units; and a petition
                                                    (i) Definition of Serviceable THSA
                                                                                                            the procedures and tests identified as RC can          to waive the requirement that the same
                                                       For the purpose of this AD, a serviceable            be done and the airplane can be put back in            manufacturer must produce the
                                                    THSA is a part that has accumulated less                an airworthy condition. Any substitutions or           qualified and the unqualified
                                                    than 4,000 FH or 1,000 FC (for Airbus Model             changes to procedures or tests identified as
                                                    A330, A340–200, or A340–300 airplanes) or                                                                      component in the same location using
                                                                                                            RC require approval of an AMOC.                        identical tools and manufacturing
                                                    4,000 FH or 800 FC (for Airbus Model A340–
                                                    500 or A340–600 airplanes), whichever                   (l) Related Information                                processes. The FAA grants these three
                                                    occurs first since the first flight of the                 (1) Refer to Mandatory Continuing                   petitions.
                                                    airplane, or since the last overhaul of the             Airworthiness Information (MCAI) EASA AD               DATES: Issued in Washington, DC, on
                                                    THSA, or since the last detailed visual                 2017–044, dated March 9, 2017, for related
                                                    inspection of the THSA in accordance with                                                                      May 15, 2017.
                                                                                                            information. This MCAI may be found in the
                                                    the Accomplishment Instructions of Airbus                                                                      FOR FURTHER INFORMATION CONTACT: For
                                                                                                            AD docket on the Internet at http://
                                                    Service Bulletin A330–27–3218, Revision 01,             www.regulations.gov by searching for and               technical questions concerning this
                                                    A340–27–4203, Revision 01, or A340–27–                  locating Docket No. FAA–2017–0627.                     waiver, contact Michael Wiktowy,
                                                    5067, Revision 01, all dated December 5,                   (2) For more information about this AD,             Licensing Program Lead, Commercial
                                                    2016, as applicable.                                    contact Vladimir Ulyanov, Aerospace                    Space Transportation—Licensing and
                                                    (j) Credit for Previous Actions                         Engineer, International Branch, ANM–116,               Evaluation Division, 800 Independence
                                                       This paragraph provides credit for actions           Transport Airplane Directorate, FAA, 1601              Avenue SW., Washington, DC 20591;
                                                    required by paragraphs (g), (h)(1), (h)(3), and         Lind Avenue SW., Renton, WA 98057–3356;                telephone: (202) 267–7287; email:
                                                    (h)(4) of this AD, if those actions were                telephone 425–227–1138; fax 425–227–1149.              Michael.Wiktowy@faa.gov.
                                                    performed before the effective date of this AD             (3) For service information identified in
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    using the service information specified in              this AD, contact Airbus SAS, Airworthiness
                                                    paragraph (j)(1), (j)(2), or (j)(3) of this AD.         Office–EAL, 1 Rond Point Maurice Bellonte,             Background
                                                       (1) Airbus Service Bulletin A330–27–3218,            31707 Blagnac Cedex, France; telephone +33
                                                                                                            5 61 93 36 96; fax +33 5 61 93 45 80; email               RL submitted a petition to the FAA’s
                                                    Revision 00, dated July 1, 2016.
                                                                                                            airworthiness.A330-A340@airbus.com;                    Office of Commercial Space
                                                       (2) Airbus Service Bulletin A340–27–4203,
                                                    Revision 00, dated July 1, 2016.                        Internet http://www.airbus.com. You may                Transportation (AST) requesting relief
                                                       (3) Airbus Service Bulletin A340–27–5067,            view this service information at the FAA,              from regulatory requirements for a
                                                    Revision 00, dated July, 1 2016.                        Transport Airplane Directorate, 1601 Lind              launch license for flight of Electron test
                                                                                                            Avenue SW., Renton, WA. For information                flight missions from Mahia, New
                                                    (k) Other FAA AD Provisions                             on the availability of this material at the            Zealand. Specifically, RL requested
                                                      The following provisions also apply to this           FAA, call 425–227–1221.
                                                                                                                                                                   relief from 14 CFR E417.7(f)(2) and (5),
                                                    AD:                                                       Issued in Renton, Washington, on June 22,            Qualification Testing and Analysis by
                                                      (1) Alternative Methods of Compliance                 2017.
                                                    (AMOCs): The Manager, International
                                                                                                                                                                   Similarity for the Flight Termination
                                                                                                            John P. Piccola, Jr.,                                  Receiver. For Qualification, the Flight
                                                    Branch, ANM–116, Transport Airplane
                                                    Directorate, FAA, has the authority to                  Acting Manager, Transport Airplane                     Termination Receiver is required to
                                                    approve AMOCs for this AD, if requested                 Directorate, Aircraft Certification Service.           meet Table E417.19–2, which states
                                                    using the procedures found in 14 CFR 39.19.             [FR Doc. 2017–13780 Filed 6–29–17; 8:45 am]            with note (5): ‘‘The same three sample
                                                    In accordance with 14 CFR 39.19, send your              BILLING CODE 4910–13–P                                 components must undergo each test
                                                    request to your principal inspector or local                                                                   designated with an X. For a test
                                                    Flight Standards District Office, as                                                                           designated with a quantity of less than
                                                    appropriate. If sending information directly
                                                                                                            DEPARTMENT OF TRANSPORTATION                           three, each sample component tested
                                                    to the manager of the International Branch,
                                                    send it to attention of the person identified                                                                  must be one of the original three sample
                                                                                                            Federal Aviation Administration                        components.’’ For Qualification Testing
                                                    in paragraph (l)(2) of this AD. Information
                                                    may be emailed to: 9-ANM-116-AMOC-                                                                             and Analysis by Similarity, Part 417
                                                    REQUESTS@faa.gov. Before using any                      14 CFR Part 417                                        Appendix E section 417.7(f) provides
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    approved AMOC, notify your appropriate                                                                         the requirements a launch operator must
                                                    principal inspector, or lacking a principal             Waiver of Flight Termination Receiver
                                                                                                                                                                   satisfy in order to qualify or re-qualify
                                                    inspector, the manager of the local flight              Qualification by Similarity Deficiencies
                                                                                                                                                                   a flight termination system component’s
                                                    standards district office/certificate holding
                                                    district office.                                        AGENCY: Federal Aviation                               design through qualification by
                                                      (2) Contacting the Manufacturer: For any              Administration (FAA), Department of                    similarity to tests performed on
                                                    requirement in this AD to obtain corrective             Transportation (DOT).                                  identical or similar hardware. Section
                                                    actions from a manufacturer, the action must                                                                   E417.7(f)(2) states that to qualify
                                                                                                            ACTION: Notice of waiver.
                                                    be accomplished using a method approved                                                                        component ‘‘A’’ based on similarity to


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                                                                              Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules                                            29799

                                                    component ‘‘B’’, that has already been                  component’s design through                                RL procured the Electron launch
                                                    qualified for use, a launch operator must               qualification by similarity to tests                   vehicle’s flight termination receiver
                                                    demonstrate that the environment                        performed on identical or similar                      from Vendor A, who performed several
                                                    encountered by ‘‘B’’ must have been                     hardware to demonstrate that the                       qualification and delta qualification
                                                    equal to or more severe than the                        environments encountered by the                        tests. A delta qualification test extends
                                                    qualification environments required for                 component during its qualification or                  the tested environments to cover
                                                    ‘‘A’’. Specifically, RL used different                  flight history were equal to or more                   specific tests or levels that were not
                                                    components for the random vibration                     severe than the qualification                          previously covered. RL submitted a
                                                    qualification test and the EMI/EMC                      environments required for a component                  Qualification by Similarity Analysis
                                                    qualification test instead of the original              that has already been qualified for use.               Report to the FAA, referencing three
                                                    three qualification sample components                   Section E417.7(f)(5) requires a launch                 previous groups of similar flight
                                                    used for the other tests under                          operator qualifying a component’s                      termination receiver qualification and
                                                    E417.7(f)(2). Section E417.7(f)(5)                      design as discussed above to                           delta qualification tests performed by
                                                    requires that the same manufacturer                     demonstrate that the same manufacturer                 Vendor A. Group 1 was subjected to
                                                    produce ‘‘A’’ and ‘‘B’’ in the same                     produced both the qualified component                  most of the qualification testing
                                                    location using identical tools and                      and the component the launch operator                  required by 14 CFR Table E417.19–2,
                                                    manufacturing processes. Specifically,                  wishes to qualify in the same location                 with three exceptions: (a) Group 1 did
                                                    RL’s sample ‘‘A’’ and ‘‘B’’ were                        using identical tools and manufacturing                not satisfy 14 CFR E417.7(f)(2) because
                                                    manufactured at different locations with                processes. For reasons described below,                the random vibration qualification
                                                    different manufacturing processes.                      the FAA waives the requirements in                     environment encountered by Group 1
                                                       The FAA licenses the launch of a                     section E417.7(f)(2) and (5) to allow RL               was not equal to or more severe than the
                                                    launch vehicle and reentry of a reentry                 to use components in its flight                        random vibration qualification
                                                    vehicle under authority granted to the                  termination system that were qualified                 environment required for the Electron
                                                    Secretary of Transportation in the                      by similarity to more than one qualified               flight termination receivers, falling
                                                    Commercial Space Launch Act of 1984,                    component.                                             below for approximately 3.5% over the
                                                    as amended and re-codified by 51 U.S.C.                    In deciding whether or not to issue a               required 20 Hz to 2000 Hz test band; (b)
                                                    Subtitle V, chapter 509 (Chapter 509),                  waiver, the FAA had to analyze whether                 Group 1 was not subjected to EMI/EMC
                                                    and delegated to the FAA Administrator                  the waiver: (1) Would jeopardize public                testing; and (c) Group 1 did not meet the
                                                    and the Associate Administrator for                     health and safety or safety of property;               requirements of 14 CFR E417.7(f)(5)
                                                    Commercial Space Transportation, who                    (2) would jeopardize national security                 because it was not produced in the same
                                                    exercises licensing authority under                     and foreign policy interests of the                    manufacturing location using identical
                                                    Chapter 509.                                            United States; and (3) was in the public               tools and manufacturing processes as
                                                       RL is a private commercial space                     interest. See 51 U.S.C. 50905(b)(3); 14                the Rocket Lab Electron flight
                                                    flight company. RL seeks to lower the                   CFR 404.5(b).                                          termination receivers. Group 1’s
                                                    cost and increase the frequency of                                                                             deficiencies were mitigated by two
                                                                                                            i. Public Health and Safety and Safety
                                                    access to space for small payloads,                                                                            subsequent delta qualification tests on 2
                                                                                                            of Property
                                                    potentially expanding the opportunity                                                                          groups (referred to herein as Group 2
                                                    for space services and research. RL’s                      Part 417 contains requirements for
                                                                                                            qualification and acceptance testing of                and Group 3) of similar receivers. Group
                                                    petition for waiver addresses all                                                                              2 satisfied Electron’s required random
                                                    upcoming Electron test flights that RL                  flight termination system components
                                                                                                            based on the approach used at the                      vibration qualification test levels for the
                                                    plans to launch from the Mahia                                                                                 entire required test band, and Group 2
                                                    Peninsula, New Zealand. The Electron                    federal launch ranges. At federal launch
                                                                                                            ranges, flight termination system                      was manufactured in the same location
                                                    launch is the first planned test flight                                                                        using identical tools and manufacturing
                                                    from the privately-owned Rocket Lab                     components are tested according to
                                                                                                            federal range-approved test procedures                 processes as Electron flight termination
                                                    Launch Complex at Mahia Peninsula in                                                                           receivers. Group 3 successfully passed
                                                    Hawkes Bay, New Zealand. The launch                     and requirements. Verification methods
                                                                                                            include test, analysis, and inspection.                EMI/EMC qualification testing.
                                                    location is capable of hosting launches
                                                    to the northeast, east, and south. The                  As an alternative to testing, components                  Group 1 also did not meet the
                                                    area within 20 NM surrounding the                       of an FTS are sometimes qualified by                   requirements of 14 CFR E417.7(f)(5)
                                                    launch site is extremely remote, and has                similarity. A component that has been                  because Group 1 was not produced in
                                                    a low population density. The launch                    qualified through testing for one launch               the same manufacturing location using
                                                    flight corridor will have minimal impact                vehicle may be approved for use on a                   identical tools and manufacturing
                                                    on air and marine traffic.                              different launch vehicle if it can be                  processes as Group 2 and Electron flight
                                                                                                            shown that the environments in which                   termination receivers. Vendor A
                                                    Waiver Criteria                                         it must operate on the second vehicle                  originally outsourced one of the flight
                                                       Chapter 509 allows the FAA to waive                  are no harsher than those of the first.                termination receiver’s printed circuit
                                                    a license requirement if the waiver (1)                 Also, with limited additional testing,                 boards to another supplier. In late 2013,
                                                    will not jeopardize public health and                   the component may be qualified for a                   Vendor A upgraded its internal
                                                    safety, safety of property; (2) will not                more severe environment. Although RL                   equipment and process, and assembled
                                                    jeopardize national security and foreign                did not complete each of the                           the printed circuit boards in-house.
                                                    policy interests of the United States; and              qualification by similarity requirements               Group 1 and Group 3 were
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                                                    (3) will be in the public interest. See 51              for its flight termination receiver as                 manufactured and qualification tested
                                                    U.S.C. 50905(b)(3) (2011); 14 CFR                       required by the regulations, the failsafe              before this change in equipment and
                                                    404.5(b) (2011).                                        design of the Electron’s flight                        process, whereas Group 2 and Electron’s
                                                                                                            termination system combined with the                   flight termination receivers were
                                                    Section E417.7(f)(2) and (5) Waiver                     remoteness of the operating area allow                 assembled after the change. To verify
                                                    Petition                                                the FAA to find that RL’s activities will              that the equipment and process change
                                                      Section E417.7(f)(2) requires a launch                not jeopardize public health and safety                did not invalidate previous qualification
                                                    operator wishing to qualify a                           and safety of property.                                and delta qualification testing, Vendor


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                                                    29800                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules

                                                    A applied the same heritage process                     ii. National Security and Foreign Policy               is designed and manufactured by NASA
                                                    profile to the new equipment, retained                  Implications                                           KSC and is part of the independent
                                                    heritage printed circuit board samples                    The FAA has identified no national                   safety system which will be installed on
                                                    for periodic process control                            security or foreign policy implications                the launch vehicles. This safety system
                                                    comparisons, and implemented periodic                   associated with granting this waiver.                  will be capable of determining if the
                                                    visual/x-ray inspections for consistency                                                                       flight of the launch vehicle will pose an
                                                    validation. Heritage and new equipment                  iii. Public Interest                                   unacceptable increased risk to the
                                                    specifications were also assessed to                       The waiver is consistent with the                   public based on mission rules designed
                                                    compare their performance                               public interest goals of Chapter 509 and               for its unique vehicle and flight
                                                    characteristics. White Sand Missile                     the National Space Transportation                      characteristics and programmed into the
                                                    Range has reviewed and accepted this                    Policy. Three of the public policy goals               safety system and terminate the flight of
                                                    process change, for U.S. Government                     of Chapter 509 are: (1) To promote                     such launch vehicle. This type of
                                                                                                            economic growth and entrepreneurial                    capability is in public interest because
                                                    launch vehicle programs conducting
                                                                                                            activity through use of the space                      this safety system will allow for
                                                    launches from its launch range, based
                                                                                                            environment; (2) to encourage the                      improved protection of the public from
                                                    on improved reliability and quality of
                                                                                                            United States private sector to provide                mishaps resulting from flight of errant
                                                    the process.                                                                                                   launch vehicles.
                                                                                                            launch and reentry vehicles and
                                                       The FAA waives the requirements of                   associated services; and (3) to facilitate               Issued in Washington, DC, on May 15,
                                                    E417.7(f)(2) and (5) because the Electron               the strengthening and expansion of the                 2017.
                                                    has implemented a failsafe flight safety                United States space transportation                     Kenneth Wong,
                                                    system design that would terminate                      infrastructure to support the full range               Commercial Space Transportation, Licensing
                                                    thrust to the vehicle should both flight                of United States space-related activities.             and Evaluation Division Manager.
                                                    termination receivers fail or                           See 51 U.S.C. 50901(b)(1), (2), (4).                   [FR Doc. 2017–13567 Filed 6–29–17; 8:45 am]
                                                    communication was lost with the                            RL seeks to lower the cost and                      BILLING CODE 4910–13–P
                                                    ground station, and RL’s operating area                 increase the frequency of access to space
                                                    is remote enough that were it to                        for small payloads, potentially
                                                    experience a catastrophic failure, it                   expanding the opportunity for space
                                                    would not jeopardize public health and                  services and research. These activities                DEPARTMENT OF HOMELAND
                                                    safety and safety of property. The                      will help to make the U.S. launch                      SECURITY
                                                    Electron test flight missions would                     industry more competitive
                                                                                                                                                                   Coast Guard
                                                    occur from the isolated Mahia Peninsula                 internationally. The National Space
                                                    in New Zealand. The area within 20 NM                   Transportation Policy states that
                                                                                                                                                                   33 CFR Part 117
                                                    of Mahia Peninsula has a very low                       strengthening U.S. competitiveness in
                                                    population density. The Electron flight                 the international launch market and                    [Docket No. USCG–2016–0257]
                                                    corridor is over the broad ocean area                   improving the cost effectiveness of U.S.
                                                    with minimal impact on air and marine                   space transportation services are in the               RIN 1625–AA09
                                                    traffic. Consequence analysis showed                    public interest:
                                                                                                               Maintaining an assured capability to                Drawbridge Operation Regulation;
                                                    that less than 1 in 100,000 casualties
                                                                                                            meet United States Government needs,                   Delaware River, Pennsauken
                                                    would be expected if the worst
                                                                                                            while also taking the necessary steps to               Township, NJ
                                                    foreseeable vehicle response mode (i.e.,                strengthen U.S. competitiveness in the
                                                    where the vehicle guidance is assumed                   international commercial launch                        AGENCY:   Coast Guard, DHS.
                                                    to fail in a manner that leads to an                    market, is important to ensuring that                  ACTION:   Notice of proposed rulemaking.
                                                    attempt to guide to erroneous, randomly                 U.S. space transportation capabilities
                                                    located points) occurred at the worst                   will be reliable, robust, safe, and                    SUMMARY:   The Coast Guard proposes to
                                                    flight time (relatively early in flight                 affordable in the future. Among other                  modify the operating regulation that
                                                    before the vehicle proceeds downrange)                  steps, improving the cost effectiveness                governs the DELAIR Memorial Railroad
                                                    and the flight termination receiver failed              of U.S. space transportation services                  Bridge across the Delaware River, mile
                                                    to activate. Thus, the casualty                         could help achieve this goal by allowing               104.6, at Pennsauken Township, NJ.
                                                    expectation given the assumption of the                 the United States Government to invest                 This proposed regulation will allow the
                                                    worst possible failure would on average                 a greater share of its resources in other              bridge to be remotely operated from the
                                                                                                            needs such as facilities modernization,                Conrail South Jersey dispatch center in
                                                    still produce significantly less casualties
                                                                                                            technology advancement, scientific                     Mount Laurel, NJ, instead of being
                                                    than the FAA’s limit of 1 in 10,000,
                                                                                                            discovery, and national security.                      operated by an on-site bridge tender.
                                                    which does not assume failure but
                                                                                                            Further, a healthier, more competitive                 This regulation will not change the
                                                    rather assigns realistic failure                                                                               operating schedule of the bridge.
                                                    probabilities. Also, the flight                         U.S. space transportation industry
                                                                                                            would facilitate new markets, encourage                DATES: Comments and related material
                                                    termination receiver’s failsafe feature
                                                                                                            new industries, create high technology                 must reach the Coast Guard on or before
                                                    will terminate thrust if there is a loss of
                                                                                                            jobs, lead to greater economic growth                  August 18, 2017.
                                                    power or Radio Frequency carrier or
                                                                                                            and security, and would further the                    ADDRESSES: You may submit comments
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                                                    pilot tone signal, providing an
                                                    additional safety margin. For these                     Nation’s leadership role in space.                     identified by docket number USCG–
                                                                                                               More specifically, Rocket Lab will be               2016–0257 using Federal eRulemaking
                                                    reasons, the FAA has determined that
                                                                                                            carrying onboard the Electron launch                   Portal at http://www.regulations.gov.
                                                    waiving sections E417.7(f)(2) and (5) for
                                                                                                            vehicle on its inaugural launch a flight                 See the ‘‘Public Participation and
                                                    the Electron test flight missions from
                                                                                                            test experiment for NASA Kennedy                       Request for Comments’’ portion of the
                                                    Mahia, New Zealand will not jeopardize                  Space Center which will improve public                 SUPPLEMENTARY INFORMATION section
                                                    public health and safety or safety of                   risk mitigation capabilities from an                   below for instructions on submitting
                                                    property.                                               errant launch vehicle. This component                  comments.


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Document Created: 2017-06-30 06:01:46
Document Modified: 2017-06-30 06:01:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of waiver.
DatesIssued in Washington, DC, on May 15, 2017.
ContactFor technical questions concerning this waiver, contact Michael Wiktowy, Licensing Program Lead, Commercial Space Transportation--Licensing and Evaluation Division, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 7287; email: [email protected]
FR Citation82 FR 29798 

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