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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices 24559 

Avenue SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979, Email Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel STEPPIN UP is: 

Intended Commercial Use of Vessel: 

‘‘All Inclusive Chartering, up to 10 days, 

full and half day charters, pick up and 

discharge passengers at same ports.’’ 

Geographic Region: ‘‘New York, New 

Jersey, Delaware, Maryland, Virginia, 

North Carolina, South Carolina, Georgia, 

Florida, Mississippi, Alabama, 

Louisiana, and Texas.’’ 

The complete application is given in 

DOT docket MARAD–2012 0043 at 

http://www.regulations.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the issuance of the waiver will 

have an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Dated: April 19, 2012 

Julie P. Agarwal, 

Secretary, Maritime Administration. 

[FR Doc. 2012–9879 Filed 4–23–12; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2012 0042] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel 

JOJO MARIA; 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 0042. 

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 

Avenue SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979, Email Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel JOJO MARIA is: 

Intended Commercial Use of Vessel: 

‘‘Private Sailboat Charter Tours from 

City Island located in the Bronx, New 

York.’’ 

Geographic Region: ‘‘New York, 

Connecticut.’’ 

The complete application is given in 

DOT docket MARAD–2012 0042 at 

http://www.regulations.gov. Interested 

parties may comment on the effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the issuance of the waiver will 

have an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Dated: April 19, 2012. 

Julie P. Agarwal, 

Secretary, Maritime Administration. 

[FR Doc. 2012–9873 Filed 4–23–12; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

Marine Transportation System National 

Advisory Council 

ACTION: National Advisory Council 

public meeting. 

SUMMARY: The Maritime Administration 

announces that the Marine 

Transportation System National 

Advisory Council (MTSNAC) will hold 

a meeting to discuss recommendations 

to the Secretary on the integration of 

marine highways into the national 

transportation system and the 

development of a steady and reliable 

funding mechanism for port 

infrastructure development. A public 

comment period will commence at 1:30 

p.m. on May 8, 2012. To provide time 

for as many people to speak as possible, 

speaking time for each individual will 

be limited to three minutes. Members of 

the public who would like to speak are 

asked to contact Richard J. Lolich by 

May 1, 2012. Commenters will be 

placed on the agenda in the order in 

which notifications are received. If time 

mstockstill on DSK4VPTVN1PROD with NOTICES