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

1Even 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 

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Find a reference to this notice by 

selecting ‘‘Notice’’ under ‘‘Document 

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entitled ‘‘Submit a Comment.’’ (For 

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consult the resources provided on the 

Web site by clicking on ‘‘How to Use 

This Site’’ on the left side of the home 

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contained in a comment submitted by 

that person be treated as confidential 

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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 

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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. 

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(1) Must clearly so designate the 

information or advice; 

(2) Must clearly mark the material as 

‘‘SUBMITTED IN CONFIDENCE’’ at the 

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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 

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confidential information must be 

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non-confidential summary will be 

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appear in a cover letter in the comments 

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possible, please include any exhibits, 

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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 (Ec

≤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 (Ec ≤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 (Ec) 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

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

incorporates and applies section 431.35 to all 

reentry vehicles. 

mission involving a reentry vehicle 

when the Ec 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 Ec 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 Ec

for the launch exceeds 0.00003. Section 

431.35(b)(1)(i) prohibits a launch and 

reentry mission if the total Ec 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 Ec 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 Ec 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 

Ec 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 Ec 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 Ec 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 Ec. 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 Ec 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 Ec. 

The current Ec 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 

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

2On 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 Ec for the F9–003 

launch, as currently calculated, may 

exceed the Ec 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 Ec 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 Ec

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 

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