52998 Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices DEPARTMENT OF TRANSPORTATION and delegated to the FAA Administrator each of the first two launches. AST has and the Associate Administrator for determined that the Air Force’s Federal Aviation Administration Commercial Space Transportation, who calculation of probability of failure exercises licensing authority under satisfies the requirements in part 417. Waiver to Space Exploration Chapter 509. Weather conditions during the day in Technologies Corporation of SpaceX is a private commercial space September are likely to be unfavorable Acceptable Risk Limit for Launch flight company. It has initiated activities and delays may last for days. SpaceX, AGENCY: Federal Aviation with the U.S. Air Force’s EELV Program therefore, seeks a waiver of this risk Administration (FAA), DOT. to become a certified launch service requirement. provider for National Security space ACTION: Notice of waiver. missions. In addition, SpaceX launches Waiver Criteria SUMMARY: This notice concerns a commercial payloads such as Cassiope. Chapter 509 allows the FAA to waive petition for waiver submitted to the This petition for waiver addresses an a license requirement if the waiver (1) Federal Aviation Administration (FAA) upcoming flight that SpaceX plans to will not jeopardize public health and by Space Exploration Technologies undertake transporting the Cassiope safety, safety of property; (2) will not Corporation (SpaceX) to waive a limit satellite and several small secondary jeopardize national security and foreign that the risk to the public from the payloads to earth orbit. This will be the policy interests of the United States; and launch of an expendable launch vehicle first launch by SpaceX from VAFB. It (3) will be in the public interest. 51 not exceed an expected average number will also be the first flight of the Falcon U.S.C. 50905(b)(3) (2011); 14 CFR ¥6 9 v1.1 vehicle, which is larger and has 404.5(b) (2011). of 0.00003 casualties (Ec ≤ 30 × 10 ) greater thrust and payload capacity than from far field blast overpressure. The Sections 417.107(b)(1) Waiver Petition FAA grants the petition, but limits SpaceX’s Falcon 9 vehicle. SpaceX’s Falcon 9 v1.1 launch vehicle will Section 417.107(b)(1) prohibits the collective risk to an expected average launch of a launch vehicle if the E for number of 0.0001 casualties. launch from VAFB and place the c Cassiope satellite into a near-polar orbit. the flight exceeds 0.00003 for any of the FOR FURTHER INFORMATION CONTACT: For The launch vehicle will also carry five following three risks: (1) Impacting inert technical questions concerning this secondary payloads to the same orbit. and impacting explosive debris, (2) waiver, contact Charles P. Brinkman, The first stage will coast after stage toxic release, and (3) far field blast Licensing Program Lead, Commercial separation, and then perform an overpressure. For reasons described Space Transportation—Licensing and experimental burn with three engines to below, the FAA waives the restrictions Evaluation Division, 800 Independence reduce the entry velocity just prior to in section 417.107(b)(1) to allow SpaceX Avenue SW., Washington, DC 20591; entry. Prior to landing in the water, it to conduct a flight with the Ec resulting telephone: (202) 267–7715; email: will perform a second experimental from far field blast overpressure [email protected]. For legal burn with one engine to impact the exceeding 0.00003 as long as total Ec for questions concerning this waiver, water with minimal velocity. The the three hazards combined does not contact Laura Montgomery, Manager, second stage will coast and then exceed 0.0001. The FAA is not waiving Space Law Branch, AGC–250, Office of perform an experimental burn to the Ec requirement for impacting inert the Chief Counsel, Regulations Division, depletion. and impacting explosive debris or for Federal Aviation Administration, 800 The preliminary calculation of Ec for toxic release. Independence Avenue SW., far field blast overpressure shows that Launch of the Falcon 9 Vehicle Washington, DC 20591; telephone (202) the launch would exceed the 0.00003 267–3150; email: Laura.Montgomery@ limit imposed by section 417.107(b)(1) The FAA waives the far field faa.gov. under anticipated weather conditions overpressure risk requirement of section SUPPLEMENTARY INFORMATION: for a daytime launch in September. 417.107(b)(1) because the Falcon 9 v1.1 Atmospheric conditions at the launch launch will not jeopardize public health Background site during the anticipated time of and safety or safety of property, a On July 10, 2013, SpaceX submitted a launch increase the far field blast national security or foreign policy petition to the FAA’s Office of overpressure risk. The presence of interest of the United States, and is in Commercial Space Transportation (AST) inversion layers at VAFB is common, the public interest. requesting a waiver for a launch from and results in the reflection of shock i. Public Health and Safety and Safety Vandenberg Air Force Base (VAFB) of a waves from an explosion. This of Property Falcon 9 Version 1.1 (v1.1) launch reflection of shock waves can cause vehicle carrying, a Canadian scientific greater damage than would otherwise be The Falcon 9 v1.1 launch is the first and research satellite called Cassiope, caused without the reflection from the launch of the v1.1 vehicle, and the first and several small secondary payloads. inversion layer. Chances of SpaceX launch from VAFB. Although SpaceX requested a waiver of 14 CFR advantageous weather conditions during the risk from far field blast overpressure 417.107(b)(1), which prohibits the the day in September that would allow is likely to exceed 0.00003, the launch of an expendable launch vehicle a launch that meets the FAA’s risk estimated risks for debris and toxic if the total expected average number of requirements are virtually zero percent.1 release are very low. Based on preliminary calculations performed by casualties (Ec) for the launch exceeds The Falcon 9 v1.1 is a new launch 0.00003 for risk from far field blast vehicle. The U.S. Air Force has the U.S. Air Force for SpaceX, the overpressure. determined that its overall failure collective risk to the public from the The FAA licenses the launch of a probability is nearly fifty percent for Falcon 9 v1.1 launch will be less than launch vehicle and reentry of a reentry 0.0001 approximately forty percent of 2 vehicle under authority granted to the 1 In calculating this percentage, the FAA relies on the time during September. NASA, the Secretary of Transportation in the the standard model developed by the 30th Space Wing from observation of Mission Flight Control 2 The FAA assumes the standard model Commercial Space Launch Act of 1984, Officer response times to initiate flight destruction developed by the 30th Space Wing from observation as amended and re-codified by 51 U.S.C. of a malfunctioning launch vehicle. The 30th Space of Mission Flight Control Officer response times to Subtitle V, chapter 509 (Chapter 509), Wing uses this standard time for its analysis. initiate flight destruction of a malfunctioning VerDate Mar<15>2010 15:54 Aug 26, 2013 Jkt 229001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\27AUN1.SGM 27AUN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices 52999 U.S. Air Force and other U.S. National the Air Force Memorandum, Overflight capacity for U.S. launch providers, Test ranges use 0.0001 as the expected Risk Exceedance Waiver for Titan IV B– thereby supporting the industrial base casualty limit across all three hazards as 30 Mission, (Apr. 4, 2005). Additionally, and lowering overall launch costs for their criterion See U.S. Air Force the FAA granted a waiver on April 17, commercial customers and the U.S. Instruction 91–217, Space Safety and 2012, for risk from debris up to Government. Mishap Prevention Program (2010); 0.000130 for a Falcon 9 launch from Additionally, the proposed launch is NASA Procedural Requirements 8715.5 Cape Canaveral Air Force Station. consistent with the principles and goals Rev A, Range Flight Safety Program Waiver of Acceptable Risk Restriction of the 2010 National Space Policy, (2010); Range Commanders Council for Launch and Reentry, Notice of which emphasizes the importance of (RCC) Standard 321–10, Common Risk Waiver, 77 FR 24556 (April 24, 2012). developing a robust domestic Criteria Standards for National Test Again, risk was largely a result of a commercial space transportation Ranges (2010). If the Falcon 9 v1.1’s relatively high failure probability that is industry and acquiring commercial collective risk were to exceed 0.0001 unavoidably attached to a new launch space services to meet United States expected casualties, SpaceX would not vehicle. Based on the fact that risk will Government requirements. The launch until conditions improved remain very low, and will be limited to development of commercial launch sufficiently for the risk of the launch to the requirement for government service providers is crucial because, as satisfy the limits allowed by the waiver. launches (Ec of less than 0.0001), noted in the 2010 National Space The increase in the Ec for the first granting a waiver in this case would not Policy, United States access to space launch of the Falcon 9 v1.1 vehicle from jeopardize public health and safety or depends in the first instance on launch VAFB is largely attributable to two safety of property. capabilities. To that end, SpaceX has factors. First, the launch will take place applied to the U.S. Air Force’s EELV from VAFB.