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 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 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 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-. 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

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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 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. VAFB is located in ii. National Security and Foreign Policy Implications Program to become a certified launch , and frequently experiences service provider for National Security unique weather conditions that The FAA has identified no national space missions. In accordance with the exacerbate far field blast overpressure security or foreign policy implications Air Force’s approved New Entrant from a launch. An inversion layer, an associated with granting this waiver. Certification Guide, SpaceX is required atmospheric region with a warmer iii. Public Interest to demonstrate its compliance with temperature than the region below, is EELV program requirements, including common much of the year at VAFB. The The waiver is consistent with the public interest goals of Chapter 509. successfully demonstrating launches of presence of an inversion layer could the launch vehicle being proposed for increase damage caused by an explosion Three of the public policy goals of Chapter 509 are: (1) To promote certification. In the certification because an inversion layer may reflect approach being taken under the New the shock wave from an explosion back economic growth and entrepreneurial activity through use of the space Entrant Certification Guide, SpaceX is towards the ground. By reflecting the required to successfully launch three shock wave back towards the ground, environment; (2) to encourage the United States private sector to provide Falcon 9 launch vehicles, the first of surrounding buildings, and particularly which is planned to be the Cassiope glass windows, may experience greater launch and reentry vehicles and associated services; and (3) to facilitate mission from VAFB. Each flight of the pressure, which could cause greater Falcon 9 builds heritage for this vehicle, glass breakage. Second, the estimated the strengthening and expansion of the United States space transportation which will be used by the United States probability of failure to the Falcon 9 Government. NASA has already v1.1 is high because it is a new launch infrastructure to support the full range of United States space-related activities. contracted with SpaceX for Cargo vehicle. There is no way to reduce this Resupply Services missions from estimated failure probability, which is See 51 U.S.C. 50901(b)(1), (2), (4). With a requirement that Ec be less CCAFS using Falcon 9 v1.1. derived from the historically high Accordingly, proceeding with the number of launch failures in new than 0.00003 for far field blast overpressure, launch availability for the proposed launch is in the public vehicles. This probability of failure is interest. one of the critical variables in the Western Range is estimated to be virtually zero percent due to Ec calculations. Issued in Washington, DC, on August 19, This waiver for the risk from far field atmospheric conditions at the launch 2013. blast overpressure is consistent with the site and the high failure probability Kenneth Wong, Air Force total risk threshold for Ec of necessarily assigned to a new launch Licensing and Evaluation Division Manager, 100 × 10¥6 for risks from debris, toxic vehicle. This would certainly make the Commercial Space Transportation. release, and far field blast overpressure launch site impractical for commercial [FR Doc. 2013–20726 Filed 8–26–13; 8:45 am] combined. The current Ec requirement launches, at least of new launch BILLING CODE 4910–13–P for U.S. Government launches from U.S. vehicles. Granting a limited waiver for National Test Ranges is 0.0001, which, risk from far field blast overpressure as because it comprises debris, toxics, and long as the risk for all three risks does DEPARTMENT OF TRANSPORTATION × ¥6 overpressure, means that the federal not exceed 100 10 increases launch launch ranges permit the risk availability for the first launch of Falcon Federal Highway Administration attributable to overpressure to exceed 9 v1.1 at VAFB to approximately forty percent for September, depending on Notice of Final Federal Agency Actions the FAA’s risk threshold. See Air Force on Proposed Highway in Indiana Instruction 91–217, Space Safety and detailed analytical assumptions Mishap Prevention Program (2010). The concerning flight termination action. AGENCY: Federal Highway U.S. Air Force approved a government VAFB is the most suitable U.S. launch Administration (FHWA), DOT. facility for supporting the launches of launch of a Titan, where the risk ranged ACTION: Notice of Limitation on Claims by large vehicles into polar from 145 to 317 in a million. Dept. of for Judicial Review of Actions by FHWA orbits. Granting this waiver makes and United States Fish and Wildlife VAFB a viable site for commercial launch vehicle. The 30th Space Wing uses this Service (USFWS), DOI. standard time for its analysis. launches, helping to sustain the launch

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