Federal Register/Vol. 71, No. 203/Friday, October 20
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62038 Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices PM1 vehicle. These functional checks may have national security or foreign or foreign policy interests that would include verifying proper operation of policy implications. require the FAA to prevent launches of PM1’s actuators, and that all valves, PM1. Thus, there are no national Four-Prong Test regulators, and avionics function security or foreign policy issues normally. During these tests, the PM1 The four-prong test used by the FAA associated with the launch processing of will contain no H2O2. Blue Origin will was originally raised by the House PM1. pressurize the PM1 helium tanks in the Science Committee in 1995, as guidance VPF before moving the PM1 to a test to the FAA to assist it in defining Summary and Conclusion ‘‘launch’’ under chapter 701. H.R. Rep. landing pad. A separate test, called the A waiver is in the public interest No. 233, 104th Cong., 1st Sess., at 60 ‘‘flight readiness test’’, will be because it accomplishes the goals of (1995). The guidance suggested that pre- performed after helium pressurization Chapter 701 and avoids unnecessary flight activities that should be regulated gas has been loaded on the vehicle, just regulation. The waiver will not before the vehicle is transported to the as part of a ‘‘launch’’, are those that: 1. Are closely proximate in time to jeopardize public health and safety or test landing pad. At the test landing safety of property because launch pad, Blue Origin will load the PM1 with ignition or lift-off, 2. Entail critical steps preparatory to processing activities for PM1 up to H2O2 and prepare it for flight. After helium pressurization conducted at landing, the PM1 and any support initiating flight, 3. Are unique to space launch, and West Texas Launch Site are benign to equipment will be returned to a safe the public. A waiver will not jeopardize condition. In accordance with this 4. Are inherently so hazardous as to warrant AST’s regulatory oversight national security and foreign policy waiver, under Blue Origin’s interests of the United States. experimental permit, launch begins under 49 U.S.C. chapter 701. As the FAA noted in the Scaled with pressurization of gaseous helium For the foregoing reasons, the FAA Waiver and in a Notice of Proposed bottles of the PM1 in the VPF and has waived the requirement for Blue Rulemaking, Experimental Permits for includes all preparation until flight of Origin to obtain a license for Blue Reusable Suborbital Rockets, 71 FR the vehicle. Origin’s launch processing until helium 16251 (Mar. 31, 2006), the four-prong pressurization conducted at West Texas By statute, for a suborbital rocket, test provides a rational approach to Launch Site. ‘‘launch’’ means to place or try to place determining whether to waive the a launch vehicle in a suborbital license requirement for launch Issued in Washington, DC, on October 13, trajectory, and includes activities processing. The many hazards involved 2006. involved in the preparation of a launch in the processing of expendable launch Stewart W. Jackson, vehicle or payload for launch, when vehicles led the FAA to define launch Manager, Systems Engineering and Training, those activities take place at a launch to begin with the arrival of a vehicle at Office of the Associate Administrator for site in the United States. 49 U.S.C. the launch site. Commercial Space Commercial Space Transportation. 70102(3). Chapter 701 requires FAA Transportation Licensing Regulations, [FR Doc. 06–8792 Filed 10–19–06; 8:45 am] authorization of Blue Origins’ launch 64 FR 19586, 19592 (Apr. 21, 1999); BILLING CODE 4910–13–P processing activities, by license or Scaled Waiver, 69 FR at 48550. With permit, unless waived by the FAA. 49 new technologies involving different U.S.C. 70104, 70105. By regulation, hazards, however, the FAA is willing to DEPARTMENT OF TRANSPORTATION launch begins with the arrival of a entertain requests for waivers. There launch vehicle at a U.S. launch site. 14 should be no concerns if the license National Highway Traffic Safety CFR 401.5.1 requirement is waived because the Administration Waiver Criteria nature and existence of hazards are addressed as part of the waiver process. [Docket No. NHTSA–2006–26109] Chapter 701 allows the FAA to waive the requirement to obtain a license for The Four-Prong Test Applied to PM1 Panoz Auto-Development Company; an individual license or experimental Launch Processing Receipt of Application for a Temporary permit applicant if the waiver is in the Prior to pressurization of the helium Exemption From the Advanced Air Bag public interest and will not jeopardize tanks, no launch processing activities Requirements of FMVSS No. 208 public health and safety, safety of meet all four prongs of the test. In property, national security and foreign particular, no inherently hazardous AGENCY: National Highway Traffic policy interests of the United States. 49 activities take place until pressurization. Safety Administration (NHTSA), U.S.C. 70105(b)(3). 2 To assess the Therefore, the FAA finds no activities Department of Transportation (DOT). impact on public health and safety and prior to pressurizing the vehicle helium ACTION: Notice of receipt of petition for safety of property, the FAA utilizes a tanks require oversight by the FAA. temporary exemption from provisions of four-prong test. The FAA also addresses Storage of the helium is not hazardous Federal Motor Vehicle Safety Standard any aspects of granting a waiver that because it is inert and will not react (FMVSS) No. 208, Occupant Crash with any other elements or compounds Protection. 1 Under current FAA policy, the FAA does not under ordinary conditions. The require Blue Origin to obtain a part 420 license for unfueled PM1 presents no risk of fire, the operation of West Texas Launch Site. explosion, debris, or unintended motor SUMMARY: In accordance with the Nonetheless, although not licensed, West Texas flight. procedures in 49 CFR part 555, Panoz Launch Site is still a launch site. To the extent that Auto-Development Company has the FAA has previously suggested that a license was National Security and Foreign Policy required for a launch site to be a launch site, see petitioned the agency for a temporary Waiver of License Requirement for Scaled Implications of PM1 Launch Processing exemption from certain advanced air Composites’ Pre-flight Preparatory Activities The FAA evaluation conducted in bag requirements of FMVSS No. 208. Conducted at a U.S. Launch Site, 69 FR 48549, The basis for the application is that 48550 (Aug. 10, 2004), that reasoning was incorrect. support of Blue Origins’ experimental 2 Chapter 701 does not provide the FAA authority permit concluded that there are no compliance would cause substantial to waive a permit. See id; see also 70105a(i). issues relating to U.S. national security economic hardship to a manufacturer VerDate Aug<31>2005 15:52 Oct 19, 2006 Jkt 211001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 203 / Friday, October 20, 2006 / Notices 62039 that has tried in good faith to comply comment (or signing the comment, if agency’s efforts in the area of consumer with the standard.1 submitted on behalf of an association, education and manufacturers’ providing This notice of receipt of an business, labor union, etc.). You may depowered air bags were successful in application for temporary exemption is review DOT’s complete Privacy Act reducing air bag fatalities even before published in accordance with the Statement in the Federal Register advanced air bag requirements were statutory provisions of 49 U.S.C. published on April 11, 2000 (Volume implemented. 30113(b)(2). NHTSA has made no 65, Number 70; Pages 19477–78) or you As always, we are concerned about judgment on the merits of the may visit http://dms.dot.gov. the potential safety implication of any application. We shall consider all comments temporary exemptions granted by this DATES: You should submit your received before the close of business on agency. In the present case, we are comments not later than November 6, the comment closing date indicated seeking comments on a petition for a 2006. above. To the extent possible, we shall temporary exemption from the also consider comments filed after the advanced air bag requirements FOR FURTHER INFORMATION CONTACT: Ms. closing date. submitted by a manufacturer of very Dorothy Nakama, Office of the Chief expensive, low volume, exotic sports I. Advanced Air Bag Requirements and Counsel, NCC–112, National Highway cars. Traffic Safety Administration, 400 Small Volume Manufacturers Seventh Street, SW., Room 5219, In 2000, NHTSA upgraded the II. Overview of Petition for Economic Washington, DC 20590. Telephone: requirements for air bags in passenger Hardship Exemption (202) 366–2992; Fax: (202) 366–3820. cars and light trucks, requiring what are In accordance with 49 U.S.C. 30113 Comments: We invite you to submit commonly known as ‘‘advanced air and the procedures in 49 CFR part 555, comments on the application described bags.’’ 2 The upgrade was designed to Panoz Auto-Development Company above. You may submit comments meet the goals of improving protection (Panoz) has petitioned the agency for a identified by docket number at the for occupants of all sizes, belted and temporary exemption from certain heading of this notice by any of the unbelted, in moderate-to-high-speed advanced air bag requirements of following methods: crashes, and of minimizing the risks FMVSS No. 208 Occupant Crash • Web site: http://dms.dot.gov. posed by air bags to infants, children, Protection for the Panoz Esperante only.