1472 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices 

events that could produce debris 

outside of the impact limit lines for a 

small portion of the ORBCOMM–2 fly 

back operations (where the concern 

exists) is within this threshold, even 

with input data that assume the worst 

case weather conditions. Thus, the FAA 

has determined that this waiver will not 

jeopardize public health and safety or 

the safety of property. 

ii. National Security and Foreign Policy 

Implications 

The USAF conducted an assessment 

of the risk to property on CCAFS, 

including assets used for national 

security space missions, and has 

determined that those risks are 

acceptable. 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 and 

the National Space Transportation 

Policy. 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). 

Commercial Space Transportation 

Licensing Regulations, Notice of 

Proposed Rulemaking, 62 FR 13230 

(Mar. 19, 1997). A successful 

demonstration of a stage returning to a 

launch site has the potential for 

reducing launch costs. As it is a major 

procurer of launch services, reduced 

launch costs will be of direct benefit to 

the U.S. Government. It will also help 

to make the U.S. launch industry more 

competitive internationally. The 

National Space Transportation Policy 

clearly identifies how strengthening 

U.S. competitiveness in the 

international launch market and 

improving the cost effectiveness of U.S. 

space transportation services are in the 

public interest: ‘‘Maintaining an assured 

capability to meet United States 

Government needs, while also taking 

the necessary steps to strengthen U.S. 

competitiveness in the international 

commercial launch market, is important 

to ensuring that U.S. space 

transportation capabilities will be 

reliable, robust, safe, and affordable in 

the future. Among other steps, 

improving the cost effectiveness of U.S. 

space transportation services could help 

achieve this goal by allowing the United 

States Government to invest a greater 

share of its resources in other needs 

such as facilities modernization, 

technology advancement, scientific 

discovery, and national security. 

Further, a healthier, more competitive 

U.S. space transportation industry 

would facilitate new markets, encourage 

new industries, create high technology 

jobs, lead to greater economic growth 

and security, and would further the 

Nation’s leadership role in space.’’ 

SpaceX’s proposed demonstration is in 

the public interest. 

Issued in Washington, DC, on December 

18, 2015. 

Kenneth Wong, 

Commercial Space Transportation, Licensing 

and Evaluation Division Manager. 

[FR Doc. 2016–00444 Filed 1–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Waiver of Acceptable Risk Restriction 

for Launch 

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): (1) A petition to waive 

the requirement that a waiver request be 

submitted at least 60 days before the 

effective date of the waiver unless good 

cause for later submission is shown in 

the petition; and (2) 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. 

DATES: This notice is effective January 

12, 2016 and is applicable beginning 

December 18, 2015. 

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, Manager, 

Space Law Branch, AGC–210, 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 November 19, 2015, SpaceX 

submitted a petition, which it revised 

on November 24, 2015, to the Federal 

Aviation Administration’s (FAA’s) 

Office of Commercial Space 

Transportation (AST) requesting a 

waiver with respect to a launch license 

for flight of a Falcon 9 launch vehicle 

carrying ORBCOMM–2 satellites. 

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. Because 

the scheduled launch was planned to 

occur in less than sixty days, SpaceX 

also requested a waiver to section 

404.3(b)(5), which requires that a 

petition for waiver be submitted at least 

sixty days before the proposed effective 

date of the waiver, which in this case 

would be the date of the planned 

launch. 

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. The petition addresses 

an upcoming flight that SpaceX plans to 

undertake to deliver the ORBCOMM–2 

satellites. SpaceX’s Falcon 9 launch 

vehicle will launch from Cape 

Canaveral Air Force Station (CCAFS) 

and its first stage will fly back to CCAFS 

for landing. 

The U.S. Air Force advised SpaceX 

that the preliminary calculation of Ec for 

the launch, including the planned first 

stage fly back, shows the launch would 

exceed the 0.00003 limit imposed by 

section 417.107(b)(1). The 45th Space 

Wing Range Safety calculated the total 

unmitigated Ec for the mission to be 

0.000118 based on daytime populations 

on CCAFS, the worst-case December 

weather within the 45th Space Wing 

Range Safety data files, and 0.9665 

reliability assigned to the flight 

computer with autonomous engine 

shutdown algorithms. The reliability of 

the human-activated flight termination 

system is 0.999. With mitigation, 

namely, the evacuation of all nonVerDate Sep<11>2014 20:14 Jan 11, 2016 Jkt 238001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1

tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices 1473 

essential personnel including visitors 

and press from CCAFS, risk drops to as 

low as 86 × 10¥6 expected casualties, 

which is within the Air Force’s criteria 

of 100 × 10¥6 expected casualties for the 

sum of risks due to impacting inert and 

impacting explosive debris, toxic 

release, and far field blast overpressure. 

Analysis indicates that almost all the 

risk is due to debris, with the risk 

associated with the latter two hazards 

not contributing to the overall risk. The 

risk for debris is comprised of 76 × 10¥6

for ascent and fly back, with almost all 

of that risk coming from the fly back of 

the Falcon 9 first stage to CCAFS. 

Downrange overflight of Europe 

contributes 7 × 10¥6, and the planned 

disposal of the Falcon 9 upper stage in 

the southern Pacific Ocean contributes 

less than 3 × 10¥6. The FAA recognizes 

that any estimate of the Ec for any 

launch includes substantial 

uncertainties, and presenting these risk 

results as precise numbers implies 

better accuracy than actually exists. 

However, this type of presentation does 

allow showing the relative contributions 

of each of the risk components. Further, 

the risk computed on the day of launch 

may be different from the current 

estimate above. 

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). 

Section 404.3(b)(5) Waiver Petition 

Section 404.3(b)(5) requires that a 

petition for waiver be submitted at least 

sixty days before the proposed effective 

date of the waiver, which in this case 

would be the date of the planned 

launch, currently scheduled for 

December 19, 2015. This section also 

provides that a petition may be 

submitted late for good cause. Here, 

SpaceX initially submitted its waiver on 

November 19, 2015, which it revised on 

November 24, 2015, less than sixty days 

before the intended launch date. SpaceX 

needed the results of the initial analysis 

by the 45th Space Wing Range Safety 

before it was evident that a waiver of the 

Ec requirement would be required. 

Accordingly, the FAA is able to find 

good cause. 

Section 417.107(b)(1) Waiver Petition 

Section 417.107(b)(1) prohibits the 

launch of a launch vehicle if the total Ec

for the launch exceeds 0.00003 for 

debris. For reasons described below and 

in order to account for the potential 

variation in the Ec computed on the day 

of launch, the FAA will allow SpaceX 

to conduct a mission where the 

expected casualty risk due to impacting 

inert and impacting explosive debris 

exceeds 30 × 10¥6 casualties, provided 

the sum of the expected casualty risk 

due to debris, toxics, and far field blast 

overpressure remains less than or equal 

to 100 × 10¥6, which is the Air Force’s 

criterion. The expected casualty risks 

due to toxics and far field blast 

overpressure shall each remain less than 

or equal to 30 × 10¥6 in accordance 

with 14 CFR 417.107(b)(1). 

Launch of the Falcon 9 Vehicle 

The FAA waives the debris risk 

requirement of section 417.107(b)(1) 

because the Falcon 9 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 ORBCOMM–2 launch is 

the first launch of an orbital expendable 

launch vehicle with a planned fly back 

of one of its stages to the launch site. 

SpaceX has attempted two landings of 

its Falcon 9 first stage on a barge on the 

ocean off CCAFS. The stages reached 

their intended landing spot, but did not 

survive the landings. In neither case was 

public health or safety or safety of third 

party property jeopardized. The damage 

to SpaceX’s barge was minimal. The 

USAF conducted an assessment of the 

risk to property on CCAFS and has 

determined that the risks are acceptable. 

The total risk that will be permitted 

will not exceed the expected casualty 

criterion proposed by the FAA in 

Changing the Collective Risk Limits for 

Launches and Reentries and Clarifying 

the Risk Limit Use to Establish Hazard 

Areas for Ships and Aircraft, Notice of 

Proposed Rulemaking, 79 FR 42241 (Jul. 

21, 2014) (Risk NPRM), and 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 major contribution to Ec for 

this launch of the Falcon 9 is 

attributable to the fly back of its first 

stage to CCAFS. As part of this mission, 

SpaceX intends to demonstrate the 

feasibility of returning the first stage to 

the launch site for its eventual reuse 

instead of disposing it in the ocean. 

The current Ec requirement for 

government launches from U.S. 

National Test Ranges is that risk from 

launch may not exceed 100 × 10¥6, 

which, because it is comprised of the 

sum of the risks from the three principal 

hazards of 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 

Instruction 91–217, Space Safety and 

Mishap Prevention Program (2010). The 

FAA recently proposed a rule similar to 

that of U.S. National Test Ranges that 

would permit launch to occur so long as 

the total risk did not exceed 0.0001. The 

FAA has previously waived section 

417.107(b)(1) to allow SpaceX to 

conduct a launch whose total Ec was 

calculated to be between approximately 

98 × 10¥6 and 121 × 10¥6, and, 

accounting for potential variation on the 

day of launch, allowed SpaceX to 

conduct the mission as long as Ec did 

not exceed 0.00013. 77 FR 24556–01, 

2012 WL 1387813. For the reasons 

provided in the Risk NPRM and 

previous waivers, the FAA considers the 

estimated risk of 86 × 10¥6 will not 

jeopardize public safety. 

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 and 

the National Space Transportation 

Policy. 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). 

Commercial Space Transportation 

Licensing Regulations, Notice of 

Proposed Rulemaking, 62 FR 13230 

(Mar. 19, 1997). A successful 

demonstration of a stage returning to a 

launch site has the potential for 

reducing launch costs. As it is a major 

procurer of launch services, reduced 

launch costs will be of direct benefit to 

the U.S. Government. It will also help 

to make the U.S. launch industry more 

competitive internationally. The 


tkelley on DSK3SPTVN1PROD with NOTICES
1474 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices 

National Space Transportation Policy 

clearly identifies how strengthening US 

competitiveness in the international 

launch market and improving the cost 

effectiveness of US space transportation 

services are in the public interests: 

‘‘Maintaining an assured capability to 

meet United States Government needs, 

while also taking the necessary steps to 

strengthen U.S. competitiveness in the 

international commercial launch 

market, is important to ensuring that 

U.S. space transportation capabilities 

will be reliable, robust, safe, and 

affordable in the future. Among other 

steps, improving the cost effectiveness 

of U.S. space transportation services 

could help achieve this goal by allowing 

the United States Government to invest 

a greater share of its resources in other 

needs such as facilities modernization, 

technology advancement, scientific 

discovery, and national security. 

Further, a healthier, more competitive 

U.S. space transportation industry 

would facilitate new markets, encourage 

new industries, create high technology 

jobs, lead to greater economic growth 

and security, and would further the 

Nation’s leadership role in space.’’ 

SpaceX’s proposed demonstration is in 

the public interest. 

Issued in Washington, DC, on December 

18, 2015. 

Kenneth Wong, 

Commercial Space Transportation, Licensing 

and Evaluation Division Manag. 

[FR Doc. 2016–00443 Filed 1–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–15–74] 

Petition for Exemption; Summary of 

Petition Received; Monarch, Inc. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of title 14 

of the Code of Federal Regulations. The 

purpose of this notice is to improve the 

public’s awareness of, and participation 

in, the FAA’s exemption process. 

Neither publication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

disposition. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before February 

1, 2016. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–3442 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dan 

Ngo (202) 267–4264, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on January 7, 

2016. 

Lirio Liu, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2015–3442. 

Petitioner: Monarch, Inc. 

Section(s) of 14 CFR Affected: 21 

Subpart H, 45.23(b), 61.113(a) and (b), 

91.7(a), 91.9(b)(2), 91.103, 91.109(a), 

91.119(c), 91.121, 91.151(a) and (b), 

91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (a)(2), and 

91.417(a) and (b) 

Description of Relief Sought: The 

petitioner requests to use a UAS to 

provide a small medical delivery service 

between Ridgecrest Regional Hospital 

and its remote rural satellite clinics 

beyond visual line of sight of the PIC. 

[FR Doc. 2016–00415 Filed 1–11–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0347] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 28 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. They are unable to meet 

the vision requirement in one eye for 

various reasons. The exemptions will 

enable these individuals to operate 

commercial motor vehicles (CMVs) in 

interstate commerce without meeting 

the prescribed vision requirement in 

one eye. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce. 

DATES: Comments must be received on 

or before [Insert date 30 days after date 

of publication in the Federal Register]. 

All comments will be investigated by 

FMCSA. The exemptions will be issued 

the day after the comment period closes. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2015–0347 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 


tkelley on DSK3SPTVN1PROD with NOTICES