72240 Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 

1We note that, due to the unique characteristics 

of this mission, FAA regulations require us to 

account for risks that are typically not included in 

our § 417.107 analysis—namely, the uncontrolled 

reentry of an upper stage after orbital insertion. 

2Although the module is a reentry vehicle and 

not a reusable launch vehicle, 14 CFR 435.33 

incorporates and applies § 431.43 to all reentry 

vehicles. 

3Our March 2014 Notice correctly identified the 

total mission debris risk as 165 × 10¥6, but when 

breaking down the sources of that risk, we listed 

four risk factors adding up to a total of only 164 

× 10¥6. 79 FR at 13376. This breakdown mistakenly 

omitted the debris risk related from controlled 

disposal of the upper stage, with an Ec of < 1 × 

10¥6. 

resulting from the sale to fund 

construction of a pilots lounge and 

restrooms which are not presently 

available at the airport. 

Any person may inspect the request 

in person at the FAA office listed above 

under FOR FURTHER INFORMATION

CONTACT. 

In addition, any person may, upon 

request, inspect the application, notice 

and other documents germane to the 

application in person at the Eufaula 

Municipal Airport. 

Issued in Fort Worth, Texas, on November 

18, 2014. 

Byron K. Huffman, 

Acting Manager, Airports Division. 

[FR Doc. 2014–28611 Filed 12–4–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Office of Commercial Space 

Transportation; Amended Waiver for 

Launch and Mission Risk 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of amended waiver. 

SUMMARY: This notice concerns an 

amendment to a waiver related to the 

launch and reentry of an Orion MultiPurpose Crew Vehicle. On March 10, 

2014, the FAA issued United Launch 

Alliance (ULA) and Lockheed Martin 

(Lockheed) waivers to certain risk 

requirements of the FAA’s regulations. 

Since that time, changes to the mission’s 

flight plan have increased its risk 

profile. After analyzing this updated 

risk profile, the FAA finds that the 

analysis underlying the original waiver 

decisions still applies. The FAA, 

therefore, amends its original waiver to 

permit launch risk from debris of 217 × 

10¥6 and total mission risk from debris 

of up to 218 × 10¥6. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

waiver, contact Charles P. Brinkman, 

Aerospace Engineer, AST–200, Office of 

Commercial Space Transportation 

(AST), Federal Aviation Administration, 

800 Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7715; email: phil.brinkman@

faa.gov. For legal questions concerning 

this waiver, contact Benjamin Jacobs, 

Attorney-Advisor, Regulations Division 

(AGC–210), Office of the Chief Counsel, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–7240; email: benjamin.jacobs@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Lockheed and ULA are private 

commercial space flight companies. 

Lockheed entered into a contract with 

the National Aeronautics and Space 

Administration (NASA) to provide the 

first orbital flight test for NASA’s Orion 

Multi-Purpose Crew Vehicle (Orion) 

Program. Lockheed has contracted with 

ULA to provide launch services for the 

mission. 

The FAA is responsible for licensing, 

among other things, the launch of a 

launch vehicle and the reentry of a 

reentry vehicle, under authority granted 

to the Secretary of Transportation by 51 

U.S.C. Subtitle V, chapter 509 (Chapter 

509), and delegated to the FAA’s 

Administrator and Associate 

Administrator for Commercial Space 

Transportation. 

The mission at issue in this notice is 

Orion Exploration Flight Test 1, which 

is scheduled to launch from Cape 

Canaveral Air Force Station in Florida 

in early December. The mission tests the 

Orion Multi-Purpose Crew Vehicle in an 

un-crewed, limited-capability 

configuration, and serves as a stepping 

stone towards a crew-capable vehicle 

that would enable human exploration 

missions beyond Earth orbit. The 

mission is comprised of a launch, which 

is conducted by ULA, and a reentry, 

which is conducted by Lockheed. The 

launch vehicle is ULA’s Delta IV Heavy 

launch vehicle, which consists of a 

Common Booster Core (CBC) as the first 

stage with two additional strap-on CBCs 

and a Delta IV Cryogenic Second Stage 

(DCSS). The first burn of the DCSS 

places the Orion and the DCSS in orbit, 

and a second DCSS burn places the 

Orion into a highly elliptical, negativeperigee trajectory, to simulate the 

thermal conditions and high reentry 

speeds the module would experience 

returning from missions beyond Earth 

orbit. After separating from the DCSS, 

the Orion module reenters over the 

eastern Pacific Ocean, splashing down 

231 nautical miles west of Baja 

California, Mexico.1

Section 417.107(b)(1) of Title 14 of the 

Code of Federal Regulations (14 CFR) 

prohibits, in relevant part, the launch of 

a launch vehicle if the expected casualty 

(Ec) rate for the flight exceeds 30 × 10¥6

for impacting inert and explosive debris 

(debris). Section 435.35 establishes 

acceptable risk for reentry vehicles, and 

requires operators to comply with 

§§ 431.35(a) and 431.35(b)(1)(i),2 which 

in turn prohibit an Ec for debris in 

excess of 30 × 10¥6 for both launch and 

reentry combined. 

On February 27, 2014, ULA petitioned 

the FAA for waivers of these provisions 

because the projected risk from debris 

during launch was 164 × 10¥ 6, and the 

projected risk from debris during 

reentry was less than 1 × 10¥6—for a 

total-mission debris risk of 

approximately 165 × 10¥6. The FAA 

issued a waiver and, on March 10, 2014, 

gave notice in the Federal Register. 

Notice of Waiver, Mar. 10, 2014 (79 FR 

13375). This initial waiver allowed a 

maximum-allowable Ec value for ULA 

and Lockheed’s proposed mission of 

165 × 10¥6,3 based on the risk increase 

the launch operators requested. 

On November 3, 2014, ULA and 

Lockheed transmitted to the FAA the 

mission’s final trajectory and an 

updated risk analysis. Since that time, 

ULA and Lockheed have continued to 

submit updated risk information, as it 

becomes available, to the FAA. 

According to these documents, it is 

necessary for ULA and Lockheed to 

modify the mission’s launch trajectory, 

for two reasons: To lower the mission’s 

maximum heating temperature 

constraint, and to adjust the flight 

azimuth to be the same as what was 

flown in previous missions. On 

November 20, 2014, in light of the 

changed mission trajectory, ULA 

petitioned for an amendment to its 

waiver to allow an Ec of 207 × 10¥6 for 

debris from launch. On November 21, 

2014, Lockheed petitioned for an 

amendment to its waiver to allow total 

mission risk of 208 × 10¥6. 

Using ULA’s updated trajectory, the 

FAA calculates the debris-related Ec for 

failure during the de-orbit burn, after 

the first 120 seconds, increases to 76 × 

10¥6 from 53 × 10¥6. In addition, 

calculations by the FAA and the United 

States Air Force indicate an increased 

debris risk, from launch to orbital 

insertion, of approximately 30 × 10¥6

above original estimates. As a result, the 

FAA calculates that overall launch risk 

increases from 164 × 10¥6 to 217 × 

10¥6, and total mission risk increases 

from 165 × 10¥6 to 218 × 10¥6. The 

FAA believes these risk figures best 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 234 / Friday, December 5, 2014 / Notices 72241 

capture the uncertainties due to weather 

and the inability to perform significant 

mitigation at the launch site on the day 

of launch. 

A. Analysis of the Updated Risk 

Assessment 

The FAA’s original waiver analyzed 

ULA and Lockheed’s proposals using 

the waiver criteria established by our 

statutory and regulatory framework. 

Section 50905(b)(3) allows the FAA to 

waive a license requirement if the 

waiver (1) will not jeopardize public 

health and safety, and safety of 

property; (2) is in the public interest; 

and (3) will not jeopardize national 

security and foreign policy interests of 

the United States. See also 49 CFR 

404.5(b). We reapply those same criteria 

here. 

1. Public Health and Safety, and Safety 

of Property 

The FAA’s initial waiver examined 

ULA and Lockheed’s proposal in 

comparison with the historically 

acceptable launch risk levels at other 

Federal agencies to determine whether 

the mission would fall within those 

parameters. The rationale for our 

approval of ULA and Lockheed’s prior 

waiver requests applies equally to their 

revised risk assessment. Although the 

FAA’s regulations prohibit debris risk in 

excess of 30 × 10¥6, a waiver is 

warranted in this case because the 

United States Government’s experience 

conducting other space missions with 

risk in excess of 100 × 10¥6

demonstrates that the risks of this 

mission are consistent with the public 

health and safety, and the safety of 

property. As we stated in our March 10, 

2014, Notice of Waiver, the United 

States Government has repeatedly 

accepted risk for government launches 

in excess of the FAA’s 30 × 10¥6, 

without negative consequences for 

safety. 79 FR at 13376. The Space 

Shuttle, for example, used a debris risk 

criterion of 200 × 10¥6 for launch risk 

to the public. See NASA’s 

Implementation Plan for Space Shuttle 

Return to Flight and Beyond, Vol. 1 

Final Edition, at 2–39 (May 15, 2007). In 

addition, in 2005, the U.S. Air Force 

accepted risk levels in a government 

launch ranging from 145 to 317 × 10¥6. 

Dept. of the Air Force Memorandum, 

Overflight Risk Exceedance Waiver for 

Titan IV B–30, Mission (Apr. 4, 2005). 

ULA’s updated launch risk of 217 × 

10¥6 is still less than the risk levels 

previously approved for a government 

launch. Accordingly, granting a waiver 

of §§ 417.107(b)(1) and 431.35(b)(1)(i) in 

this case does not jeopardize the public 

health and safety, or the safety of 

property. 

2. Public Interest 

The FAA looks to its enabling statute 

to determine how Congress has defined 

the public interest. The FAA 

implements the agency’s statutory 

mandate to encourage the development 

of commercial space capabilities and the 

continuous improvement of the safety of 

launch vehicles designed to carry 

passengers. 51 U.S.C. 50901(b). 

As with their initial petition, ULA 

and Lockheed’s petition for an amended 

waiver are consistent with the public 

interest because the test flight is 

necessary to the development of 

NASA’s human-missions capability 

beyond Earth orbit. 

D. National Security and Foreign Policy 

Interests 

The FAA has not identified any 

national security or foreign policy 

implications associated with amending 

this waiver. 

Summary and Conclusion 

The FAA determines that amending 

the waivers associated with this mission 

will not jeopardize public health and 

safety or safety of property. In addition, 

amending the waivers is in the public 

interest because it accomplishes the 

goals of Chapter 509 and does not 

unduly increase risk to the public. 

Finally, amending the waivers will not 

jeopardize national security and foreign 

policy interests of the United States. 

The FAA therefore amends its prior 

waivers of the requirements of 14 CFR 

417.107(b)(1) and 431.35(b)(1)(i) for 

launch and mission risk, respectively, to 

allow launch risk of an Ec of 217 × 10¥6

and total mission risk of 218 × 10¥6. 

Issued in Washington, DC, on November 

26, 2014. 

Kenneth Wong, 

Licensing and Evaluation Division Manager. 

[FR Doc. 2014–28614 Filed 12–4–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2014–0011–N–22] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the renewal 

Information Collection Requests (ICR) 

abstracted below are being forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describes the nature of the 

information collection and its expected 

burden. The Federal Register notice 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on 

September 5, 2014 (79 FR 56616). 

DATES: Comments must be submitted on 

or before January 5, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Planning and 

Evaluation Division, RRS–21, Federal 

Railroad Administration, 1200 New 

Jersey Ave. SE., Mail Stop 25, 

Washington, DC 20590 (Telephone: 

(202) 493–6292), or Ms. Kimberly 

Toone, Office of Information 

Technology, RAD–20, Federal Railroad 

Administration, 1200 New Jersey Ave. 

SE., Mail Stop 35, Washington, DC 

20590 (Telephone: (202) 493–6132). 

(These telephone numbers are not tollfree.) 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, sec. 2, 109 

Stat. 163 (1995) (codified as revised at 

44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On September 5, 

2014, FRA published a 60-day notice in 

the Federal Register soliciting comment 

on ICR that the agency is seeking OMB 

approval. See 79 FR 56616. FRA 

received no comments in response to 

this notice. 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30 day notice is 

published. 44 U.S.C. 3507 (b)-(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes that the 30 

day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 


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