### 24556 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices

1 Even though Dragon is a reentry vehicle and not a reusable launch vehicle, 14 CFR 435.35 Section 203(f) of the ATPA (19 U.S.C. 3202(f)) requires the USTR, not later than June 30, 2012, to submit to Congress a report on the operation of the ATPA. Before submitting such report, USTR is required to request comments on whether beneficiary countries are meeting the criteria set forth in 19 U.S.C. 3203(b)(6)(B) (which incorporates by reference the criteria set forth in sections 3202(c) and (d)). USTR refers interested parties to the Federal Register notice published on August 15, 2002 (67 FR 53379), for a full list of the eligibility criteria.

Public Comment Requirements for
Submissions: Persons submitting written comments must do so in English and must identify (on the first page of the submission) ‘‘USTR Report on Operation of the Andean Trade Preference Act.’’ Persons may submit public comments electronically to www.regulations.gov docket number
USTR–2012–0006. In order to be assured of consideration, comments should be submitted by noon, May 22,

2012.

To submit comments via www.regulations.gov, enter docket
number USTR–2012–0006 on the home page and click ‘‘search.’’ The site will provide a search-results page listing all
documents associated with this docket. Find a reference to this notice by selecting ‘‘Notice’’ under ‘‘DocumentType’’ on the left side of the searchresults page, and click on the link entitled ‘‘Submit a Comment.’’ (For further information on using the www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on ‘‘How to Use
This Site’’ on the left side of the home page.)

The www.regulations.gov site provides the option of providing comments by filling in a ‘‘Type Comments’’ field, or by attaching a document using an ‘‘Upload File’’ field. It is expected that most comments will be provided in an attached document. If a document is attached, it is sufficient to type ‘‘see attached’’ in the ‘‘Type
Comments’’ field.

A person requesting that information contained in a comment submitted by that person be treated as confidential business information must certify that
such information is business confidential and would not customarily be released to the public by the
submitter. Confidential business information must be clearly designated
as such and the submission must be
marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of the cover page and each succeeding page. Any comment containing business confidential information must be submitted by fax to Bennett Harman at (202) 395–9675. A non-confidential summary of the confidential
information must be submitted to www.regulations.gov. The nonconfidential summary will be placed in the docket and open to public inspection.

Information or advice contained in a comment submitted, other than business confidential information, may be determined by USTR to be confidential in accordance with section 135(g)(2) of the Trade Act of 1974 (19 U.S.C. 2155(g)(2). If the submitter believes that information or advice may qualify as such, the submitter—

(1) Must clearly so designate the information or advice;

(2) Must clearly mark the material as
‘‘SUBMITTED IN CONFIDENCE’’ at the top and bottom of the cover page and each succeeding page; and

(3) Must provide a non-confidential summary of the information or advice.

Any comment containing confidential information must be submitted by fax. A non-confidential summary of the
confidential information must be
submitted to www.regulations.gov. The non-confidential summary will be placed in the docket and open to public inspection.

Please do not attach separate cover letters to electronic submissions; rather, include any information that might appear in a cover letter in the comments themselves. Similarly, to the extent possible, please include any exhibits, annexes, or other attachments in the same file as the submission itself, not as separate files.

USTR strongly urges submitters to file comments through www.regulations.gov, if at all possible. Any alternative arrangements must be
made with Bennett Harman in advance of transmitting a comment. Mr. Harman should be contacted at (202) 395–9446. General information concerning USTR
is available at http://www.ustr.gov.

Inspection of Submissions: Submissions in response to this notice, except for information granted ‘‘business confidential’’ status, will be available for public viewing at http:// www.regulations.gov. Such submissions may be viewed by entering the docket
number USTR–2012–0006 in the search
field at: http://www.regulations.gov

. Douglas Bell, Assistant U.S. Trade Representative for Trade Policy & Economics.

[FR Doc. 2012–9838 Filed 4–23–12; 8:45 am]

**BILLING CODE P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**Waiver of Acceptable Risk Restriction for Launch and Reentry** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of waiver.

**SUMMARY :**  This notice concerns two petitions for waiver submitted to the FAA by Space Exploration Technologies Corp. (SpaceX): a petition to waive the restriction that the risk to the public from the launch of an expendable launch vehicle not exceed an expected average number of 0.00003 casualties (E

c ≤ 30 × 10

¥ 6) from debris; and a petition
to waive the restriction that the combined risk to the public from the launch and reentry of a reentry vehicle not exceed an expected average number of 0.00003 casualties (E

c ≤ 30 × 10

¥ 6). The FAA grants both petitions.

**FOR FURTHER INFORMATION CONTACT :**  For technical questions concerning this waiver, contact Charles P. Brinkman, Licensing Program Lead, Commercial Space Transportation—Licensing and Evaluation Division, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–7715; email: Phil.Brinkman@faa.gov. For legal questions concerning this waiver, contact Laura Montgomery, Senior Attorney for Commercial Space Transportation, AGC–200, Office of the Chief Counsel, Regulations Division, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3150; email: Laura.Montgomery@faa.gov.

**SUPPLEMENTARY INFORMATION :** 
Background

On August 12, 2011, SpaceX submitted a petition, which it updated on February 9, 2012, to the Federal Aviation Administration’s (FAA’s) Office of Commercial Space Transportation (AST) requesting two waivers with respect to launch and reentry licenses for flight 003 of a Falcon 9 launch vehicle (Falcon 9 003) carrying a Dragon reentry vehicle. First, SpaceX requested a waiver of 14 CFR 417.107(b)(1), which prohibits the launch of an expendable launch vehicle if the total expected average number of casualties (E

c) for the launch exceeds 0.00003 for risk from debris. Second, SpaceX requested a waiver of 14 CFR 431.35(b)(1)(i), 1 which prohibits a


### 24557 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices

incorporates and applies section 431.35 to all reentry vehicles. mission involving a reentry vehicle
when the E

c for both the launch and reentry together (referred to as a ‘‘mission’’ for purposes of part 431)
exceeds 0.00003 for debris.

The FAA licenses the launch of a launch vehicle and reentry of a reentry vehicle under authority granted to the Secretary of Transportation in the Commercial Space Launch Act of 1984, as amended and re-codified by 51 U.S.C. Subtitle V, chapter 509 (Chapter 509), and delegated to the FAA Administrator
and the Associate Administrator for Commercial Space Transportation, who exercises licensing authority under Chapter 509.

SpaceX is a private commercial space flight company. It has entered into a Space Act Agreement with the National Aeronautics and Space Administration (NASA) as part of NASA’s Commercial Orbital Transportation Services (COTS) program. The COTS program is designed to stimulate efforts by the private sector to demonstrate safe, reliable, and cost-effective space transportation to the International Space Station. Currently, no domestic U.S. companies or entities provide transportation or supplies to the International Space Station.

The petition addresses an upcoming demonstration flight that SpaceX plans to undertake as part of the COTS program. This flight is a long-duration cargo mission to the International Space Station to demonstrate flight and berthing capabilities. SpaceX’s Falcon 9 launch vehicle will launch from Cape Canaveral Air Force Station, and deploy SpaceX’s reentry vehicle, Dragon, once on orbit. Once Dragon is on orbit, it will be subjected to a ground-implemented
health check. The health check is designed to check time-dependent
variables to ensure the health and functionality of the propulsion, power, and other safety critical subsystems. Once Dragon passes the health check and completes orbital phasing by firing its onboard thrusters, it will berth with the International Space Station. After a period of time determined by NASA, Dragon will depart from the International Space Station. When SpaceX issues a ground command or Dragon passes its onboard health check, Dragon will conduct a guided reentry to
land in the Pacific Ocean.

The FAA advised SpaceX that the preliminary calculation of E

c for both
the launch and the entire mission exceeded the 0.00003 limit imposed by section 417.107(b)(1) and section 431.35(b)(1)(i). SpaceX, therefore, seeks a waiver of these risk requirements.

Waiver Criteria

Chapter 509 allows the FAA to waive a license requirement if the waiver (1) will not jeopardize public health and safety, safety of property; (2) will not jeopardize national security and foreign policy interests of the United States; and (3) will be in the public interest. 51 U.S.C. 50905(b)(3) (2011); 14 CFR 404.5(b) (2011).

Sections 417.107(b)(1) and 431.35(b)(1)(i) Waiver Petition

Section 417.107(b)(1) prohibits the
launch of a launch vehicle if the total E

c for the launch exceeds 0.00003. Section 431.35(b)(1)(i) prohibits a launch and reentry mission if the total E

c for that
mission exceeds 0.00003. For reasons described below, the FAA waives the restrictions in section 417.107(b)(1) and section 431.35(b)(1)(i) to allow SpaceX
to conduct a mission whose total E

c is currently calculated to be between approximately 0.000098 and 0.000121. The lowest number in the range accounts for a nighttime launch and the upper number accounts for a daytime launch. The FAA recognizes that any
estimate of the E

c for the F9–003 launch includes substantial uncertainties, and that the risk number computed on the day of launch may be different from the current range listed above. In order to account for the potential variation in the

E

c for the F9–003 computed on the day of launch, the FAA will allow SpaceX
to conduct a mission where launch risk
does not exceed 0.00013.

A. Launch of the Falcon 9 Vehicle

The FAA waives the debris risk requirement of section 417.107(b)(1)
because the Falcon 9 003 launch will not jeopardize public health and safety or safety of property, a national security or foreign policy interest of the United States, and is in the public interest.

i. Public Health and Safety and Safety of Property

The Falcon 9 003 launch is the first
launch for which the FAA has ever
waived the E

c requirement of 0.00003 for launch. The 45th Space Wing Range Safety calculated the collective risk to the public from the Falcon 9 003 launch to be between approximately 0.000098
and 0.000121. The low end of this
calculation is less than the 0.0001 expected casualty criterion used by NASA, the United States Air Force, and other U.S. National Test Ranges. See U.S. Air Force Instruction 91–217, Space Safety and Mishap Prevention Program (2010); NASA Procedural Requirements 8715.5 Rev A, Range Flight Safety Program (2010); Range Commanders Council (RCC) Standard

321–10, Common Risk Criteria Standards for National Test Ranges (2010). The increase in the E

c for this third launch of the Falcon 9 is largely attributable to two factors. First, the launch will follow a specific trajectory to reach the International Space Station. In order to place Dragon in the correct orbit, and accounting for Falcon 9’s launch location of Cape Canaveral, Falcon 9 must take a flight path that overflies more populated areas than the first two flights, and thus results in a higher E

c. Second, the FAA’s regulations identify a large credible range of relatively high values for the estimated probability of failure to the launch
vehicle based on the small number of launches the Falcon 9 has completed.

See Table A417–3 Launch Vehicle Failure Probability Reference Estimates and Confidence Bounds of [Vehicles] with Two or More Flights, 14 CFR part 417, App. A. This probability of failure
is one of the most critical variables in
the E

c calculations.

The flight path for the Falcon 9 is severely constrained by the mission objectives and the propellant available in the Falcon 9 and Dragon. Desired mission objectives include navigation to, and berthing with the International Space Station. Preliminary objectives include a demonstration of the Dragon’s motion control, which is accomplished through controlled firing of onboard
thrusters. This demonstration is comprehensive in nature to ensure safe approach and berthing with the International Space Station, utilizing
considerable fuel. In order to meet all Dragon objectives, including de-orbit burns and a reasonable fuel reserve, the launch vehicle trajectory must place the Dragon in an initial location such that it has adequate fuel for all mission objectives.

This mission intends to demonstrate orbital control capability for the Dragon capsule. Should this objective be successfully demonstrated, future Dragon missions to the International Space Station will not require further demonstrations of on-orbit navigational control. Additionally, the Dragon fuel requirements will be lower, and therefore the required launch vehicle trajectory will result in a lower E

c .

The current E

c requirement for government launches from U.S. National Test Ranges is 0.0001, which, because it comprises debris, toxics, and overpressure, means that the federal launch ranges can permit the risk
attributable to debris to exceed the
FAA’s risk threshold. See Air Force


### 24558 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices

2 On August 24, 2011, a Soyuz rocket engine carrying a Progress resupply ship to the International Space Station failed. This failure delayed a mission to provide supplies to the people working at the International Space Station, including U.S. astronauts. The Russians resolved this issue and successfully launched the Soyuz-U on October 30, 2011. On November 2, 2011, an M– 13M cargo ship successfully berthed with the International Space Station. Instruction 91–217, Space Safety and Mishap Prevention Program (2010). The U.S. Air Force approved a government launch of a Titan, where the risk ranged from 145 to 317 in a million. Dept. of the Air Force Memorandum, Overflight
Risk Exceedance Waiver for Titan IV B– 30 Mission, (Apr. 4, 2005). That risk was mainly attributable to downrange overflight, as is the case for the Falcon 9 launch. Additionally, of historical interest, during Space Shuttle launches debris risk routinely exceeded U.S. Air Force and FAA established risk criteria, mainly due to a large number of visitors on Kennedy Space Center property. The
FAA notes that the F9–003 launch is a NASA-sponsored mission, flying a similar trajectory as previous Space Shuttle missions going to the International Space Station. The FAA
also notes that the E

c for the F9–003 launch, as currently calculated, may
exceed the E

c requirement for government launches from U.S. Government ranges, but only by a small amount relative to the modeling and input data uncertainties, particularly the probability of failure. Based on this uncertainty, as well as the fact that
Falcon 9’s E

c is smaller than that of a Space Shuttle and is close to the requirement for government launches, granting a waiver in this case would 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. 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). Additionally, in the Notice of Proposed Rulemaking and the Final Rule for Commercial Space Transportation Licensing Requirements, the FAA contemplated launches carrying government payloads for a critical national need exceeding the E

c requirements. Commercial Space Transportation Licensing Regulations, Notice of Proposed Rulemaking, 62 FR 13230 (Mar. 19, 1997). The Final Rule noted that, as recognized in the NPRM, commercial launches may carry government payloads, and a waiver of the risk requirement might be
warranted. Commercial Space Transportation Licensing Regulations, Final Rule, 64 FR 19605 (Apr. 21, 1999).

With the elimination of the Space Shuttle Program, the U.S. is seeking other means of reaching the International Space Station. NASA is using the COTS Program to develop the capability to resupply the International Space Station. There currently exists a need for additional means to supply the International Space Station. To date, the Russian Soyuz-U rocket, 2 European ATV and the Japanese HTV foreign
vehicles have demonstrated the capability to provide supplies to the International Space Station. The COTS Program exists to provide a reliable, domestic capability for supplying the International Space Station, the importance of which is highlighted by the recent Russian failure. SpaceX’s demonstrated capability to connect with the International Space Station would further the public interest in the U.S. ability to transit to, and support the ISS. The FAA notes that currently there is no domestic capability to supply the International Space Station, and has
taken this fact into account when determining the public interest.

The COTS Program was established to develop a robust domestic commercial space transportation capability. This capability would provide the United States with the ability to resupply the International Space Station. As such, granting SpaceX’s waiver request is consistent with Chapter 509’s policy goals because it: (1) Promotes SpaceX’s entrepreneurial activity in the space environment; (2) encourages SpaceX, a private U.S. company, to develop and launch new launch and reentry vehicles; and (3) facilitates the expansion of the United States space transportation infrastructure by sustaining NASA’s COTS program.

B. Reentry of the Dragon Capsule

SpaceX’s request for a waiver of the requirements in section 431.35(b)(1)(i) raises the same issues as its previous request for waiver of mission risk for the Falcon 9 002 launch and reentry of Dragon. For the reasons stated in a previous Waiver of Acceptable Mission Risk Restriction for Reentry and a Reentry Vehicle, 75 FR 75619 (Dec. 6, 2010) the FAA is waiving the requirements of section 431.35(b)(1)(i) for the Falcon 9 003 launch and reentry of Dragon.

Issued in Washington, DC, on April 17,

2012. Kenneth Wong, Licensing and Evaluation Division Manager, Commercial Space Transportation.

[FR Doc. 2012–9737 Filed 4–23–12; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Maritime Administration**

**[Docket No. MARAD 2012 0043]**

**Requested Administrative Waiver of**
**the Coastwise Trade Laws: Vessel STEPPIN UP; Invitation for Public** 
**Comments**

**AGENCY :**  Maritime Administration, DOT.

**ACTION :**  Notice.

**SUMMARY :**  As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is
listed below.

**DATES :**  Submit comments on or before May 24, 2012.

**ADDRESSES :**  Comments should refer to
docket number MARAD–2012 0043. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the

Internet at http://www.regulations.gov. All comments will become part of this
docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at http:// www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey