[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Notices]
[Pages 41327-41329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15551]



[[Page 41327]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Commercial Space Transportation; Waiver of Liquid Propellant 
Storage and Handling Requirements for Operation of a Launch Site at the 
Mojave Airport in CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of waiver.

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SUMMARY: The FAA has determined to waive the liquid propellant storage 
and handling requirements of 14 CFR part 420 for East Kern Airport 
District's operation of a launch site at Mojave, California, under a 
license issued by the FAA on June 17, 2004. The FAA finds that waiving 
the liquid propellant storage and handling requirements is in the 
public interest and will not jeopardize public health and safety, 
safety of property, and national security and foreign policy interests 
of the United States.

FOR FURTHER INFORMATION CONTACT: Carole Flores, Manager, Licensing and 
Safety Division, Office of the Associate Administrator for Commercial 
Space Transportation, Federal Aviation Administration, U.S. Department 
of Transportation, 800 Independence Avenue, SW., Washington, DC 20591, 
(202) 385-4701.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Aviation Administration (FAA) licenses the launch of a 
launch vehicle, reentry of a reentry vehicle, and operation of a launch 
or reentry site under authority granted to the Secretary of 
Transportation in the Commercial Space Launch Act of 1984, as amended 
(CSLA), codified in 49 U.S.C. Subtitle IX, chapter 701, and delegated 
to the FAA Administrator. Licensing authority under the CSLA is carried 
out by the Associate Administrator for Commercial Space Transportation.
    The CSLA allows the FAA to waive a requirement for an individual 
license applicant if the Administrator decides that the waiver is in 
the public interest and will not jeopardize public health and safety, 
safety of property, and national security and foreign policy interests 
of the United States (see 49 U.S.C. 70105(b)(3)).
    On June 17, 2004, the FAA issued a launch site operator license 
authorizing East Kern Airport District (EKAD) to operate a launch site 
at Mojave Airport in Mojave, California. The license, issued in 
accordance with licensing requirements under 14 CFR part 420, is valid 
for five years. The license authorizes EKAD to operate a launch site at 
Mojave Airport in support of suborbital Reusable Launch Vehicle (RLV) 
missions authorized by an FAA license to take-off at Mojave Airport. 
EKAD is responsible for ensuring the safe operation of the Mojave 
Airport launch site and for ensuring that public safety and safety of 
property are protected at all times during licensed site activities.
    EKAD's application for a launch site operator license had several 
unique attributes relevant to public safety and explosive siting. For 
example, EKAD's application was the first to propose support of RLV 
launches, exclusively. Also, EKAD's proposed explosive site plan did 
not comply with the liquid propellant storage and handling requirements 
of 14 CFR part 420. Specifically, EKAD's proposed explosive site plan 
included separation distances between an explosive hazard facility and 
the public that violated the requirements of 14 CFR 420.67 for storage 
and handling of liquid oxygen and hydrocarbon fuels.
    The explosive siting requirements for liquid propellant in 14 CFR 
420.67 address how the explosive equivalent, as defined in 14 CFR 
420.5, should be determined based on various conditions principally 
related to the quantities of energetic liquids present. The explosive 
equivalent for energetic liquids depends on the quantity of fuel and 
oxidizer that are mixed. Therefore, a principal objective of an 
explosive site plan is to provide safeguards that prevent the mixing of 
incompatible energetic liquids. Physical separation is the preferred 
method to safeguard against mixing of stored energetic liquids. For 
operations that present an unavoidable potential for mixing of 
incompatible energetic liquids, such as static test firings of engines, 
the requirements in 14 CFR 420.67 prescribe minimum separation 
distances between the explosive hazard facility and the public. EKAD's 
proposed explosive site plan did not comply with the minimum separation 
distances prescribed in 14 CFR 420.67.
    The explosive site plan requirements of 14 CFR part 420, issued in 
October of 2000, captured the state of knowledge of explosives safety 
at launch sites and were intended to provide for public safety and the 
safety of property. The requirements for storage and handling of liquid 
propellants in 14 CFR 420.67 are prescriptive in nature, and based on 
previous Department of Defense (DoD) standards that were developed by 
the Department of Defense Explosives Safety Board (DDESB) from 
experience gained with sites supporting launches of expendable launch 
vehicles. While launch sites supporting RLV missions are covered by 
part 420, as evidenced by the explicit location review requirements for 
RLVs in Sec.  420.23(d), the explosive site plan requirements of part 
420 did not take into account differences in explosive hazards 
associated with RLVs that take off from a runway from those associated 
with vehicles that lift-off vertically, with explosive thrust, from a 
launch pad. No performance standards were available for explosive site 
plans when part 420 was published, nor did the FAA establish one in 
promulgating the part 420 regulations. The state of knowledge of 
explosive safety and DoD standards continued to evolve since the 
issuance by the FAA of part 420, especially in the area of energetic 
liquids used for launch. Specifically, the DoD has revised its 
requirements regarding: (1) the minimum separation distances between 
the public and storage sites for energetic liquids involved with launch 
operations and (2) the minimum separation distances between the public 
and sites where the explosive equivalent is less than 450 pounds.
    The supplementary information accompanying issuance of part 420 
discusses ``Future Change in Liquid Propellant Requirements'' and 
acknowledges the following:
    1. ``A number of possible irregularities and inconsistencies have 
been identified in the current approach to siting liquid propellants.''
    2. ``Because the DDESB is possibly the best equipped group in the 
country to address these issues, the FAA will carefully consider its 
recommendations.''
    3. ``DoD Standard 6055.9 is perhaps the best example of a standard 
governing many more explosive safety issues than those addressed to 
date in this part.''
    (See 65 FR 62819, issued October 19, 2000.)
    In the part 420 rulemaking, the FAA acknowledged that (1) the 
rule's approach to siting liquid propellants was not perfect, (2) the 
DDESB is a highly credible group, and (3) its Ammunition and Explosives 
Safety Standards, DoD 6055.9-STD, August 11, 1997, the source of part 
420 explosive siting requirements, is a more comprehensive standard 
than part 420.
    The FAA has monitored the continuing evolution of liquid propellant 
siting requirements in DoD 6055.9-STD. The FAA maintains that public 
safety is provided by using an explosive site plan that complies with 
the current requirements of DoD

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6055.9-STD. The DDESB's most current requirements are in the ``Rewrite 
DoD 6055.9-STD, Revisions 4 and 5, Jan 2004,'' which is referred to 
herein as DoD 6055.9-STD, Rev 4,5. According to the DDESB website, this 
latest version of DoD 6055.9-STD ``is the version of the Standard that 
is being maintained by the Secretariat of the DDESB, and that is kept 
current as the DDESB approves criteria changes.'' (See http://www.ddesb.pentagon.mil/ documents.html.) Although the DoD has not 
formally adopted this latest version of 6055.9-STD, the Chairman of the 
DDESB instructed the DDESB Secretariat to ``begin using the `re-write' 
version of the DoD 6055.9-STD (latest revision), when conducting 
surveys, reviews of site plans, and the work of the Board'' in a 
memorandum dated 26 August 2003, Subject: Department of Defense 
Explosives Safety Board (DDESB) Secretariat's Working Copy of DoD 
6055.9-STD). This memorandum is also available at the DDESB Web site.
    Paragraph C9.5.6 of 6055.9-STD, Rev 4,5 provides insight into the 
applicability of the DoD 6055.9-STD ``Quantity-Distance'' (QD) 
standards to a launch site from which RLVs takeoff and land using 
runways, as opposed to lifting off from a launch pad. It provides:

    Paragraph C9.5.6. QD standards. Since many energetic liquids are 
not classified as UN Class 1 explosives, conventional QD storage 
criteria do not generally apply to these materials. At the same 
time, the (non-Class 1) UN transportation hazard classifications for 
many energetic liquids appear to be inappropriate and/or inadequate 
for application to storage safety (based on available accident and 
test data). For example, hydrazine has a UN hazard classification of 
8 (corrosive), while it also is subject to dangerous fire and 
explosive behavior. Thus, the implementation of QD criteria for 
energetic liquids is based on an independent determination of the 
predominant hazard presented by the material in the storage 
environment. The following standards are applicable to energetic 
liquids used for propulsion or operation of missiles, rockets, and 
other related devices.

    Accordingly, the energetic liquids standards presented in 6055.9-
STD, Rev 4,5, apply to energetic liquids used for propulsion or 
operation of missiles, rockets, and other related devices, including 
those RLVs that are authorized to use Mojave Airport as a launch site. 
The FAA has determined that 6055.9-STD, Rev 4,5 provides an acceptable 
level of public safety for energetic liquids to be stored and handled 
at the EKAD launch site.
    Subparagraphs C9.5.5.6 through C9.5.5.6.12, of DoD 6055.9-STD, Rev 
4,5, acknowledge that ``the predominant hazard of the individual 
energetic liquids can vary depending upon the location of the energetic 
liquid storage and the operations involved.'' A list of various 
energetic liquid storage and handling operations in decreasing order of 
hazard: launch pads,\1\ static test stands,\2\ ready storage, cold flow 
test operations, bulk storage, rest storage, run tankage, and pipelines 
is also provided. Horizontal takeoff RLV operations are not on this 
list. Although RLVs were considered during the promulgation of part 
420, as evidenced by the location review requirements for RLVs in Sec.  
420.23(d), the explosive site plan requirements of part 420 were taken 
from standards that were developed from experience gained with sites 
supporting vertical lift-off from a launch pad.
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    \1\ Paragraph C.9.5.5.6.1 states that launch pad operations 
``are very hazardous because of the proximity of fuel and oxidizer 
to each other, the frequency of launchings, lack of restraint of the 
vehicle after liftoff, and the possibility of fallback with 
resultant dynamic mixing on impact.''
    \2\ Paragraph C.9.5.5.6.2 states that static test stand 
operations ``are less hazardous because test items are restrained 
and subject to better control than launch vehicles. As with launch 
pads, the proximity of fuel and oxidizer presents a significant 
hazard.
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    The FAA has assessed the nature and hazards of the proposed 
operations to be conducted at the Mojave Airport launch site in support 
of horizontal takeoff RLVs. The FAA considers that operations involving 
energetic liquids in support of certain RLVs, conducted under the 
conditions specified below, will produce explosive hazards more akin to 
static test stands than launch pads. Specifically, the FAA considers 
that, under certain conditions, the explosive equivalent estimated for 
ground operations involving horizontal takeoff RLVs may safely exclude 
the energetic liquid contained in the run tanks.\3\ The FAA also 
considers that the standards of DoD 6055.9-STD, Rev 4,5, will achieve 
the public safety goal of part 420 while allowing less separation 
distance between explosive substances. For example, whereas part 420 
would require 130 feet between the proposed liquid oxygen storage 
location and the public at the Mojave Airport launch site, use of DoD 
6055.9-STD, Rev 4,5, allows for a separation distance of 1,000 feet.
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    \3\ The run tanks consist of the tank and other containers and 
associated piping used to hold the energetic liquids for direct 
feeding into the engine or device during operation.
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    Therefore, the FAA finds that public safety and the safety of 
property will not be jeopardized by allowing use of revised standards 
issued in DoD 6055.9-STD, Rev 4,5, for storage and handling of liquid 
propellants at EKAD. Accordingly, the FAA has determined that it is in 
the public interest to waive compliance by EKAD with 14 CFR 420.67, 
subject to compliance by EKAD with the following conditions:
    A. In place of compliance with 14 CFR 420.67, EKAD is required to 
submit a revised explosive site plan (referred to herein as ``the 
plan'') that complies with all applicable requirements of ``Rewrite DoD 
6055.9-STD Rev 4,5, Jan 2004'' (referred to herein as DoD 6055.9-STD, 
Rev 4,5), pertaining to storage, handling, and static test firings 
involving energetic liquids. EKAD must comply with all other 
requirements of 14 CFR 420.63(a).
    B. EKAD will maintain the configuration of the launch site in 
accordance with the plan as approved by the FAA.
    C. ``Minimal allowable distances'' under 14 CFR 420.63(a)(1) must 
be calculated in accordance with DoD 6055.9-STD, Rev 4,5, requirements.
    D. Any liquid oxygen stored in support of a launch vehicle ground 
operation, such as propellant loading or static test firing, must be 
separated from public areas by a minimum of 100 feet. (See Table C9.T21 
of DoD 6055.9-STD, Rev 4,5.)
    E. Any Occupational Safety and Health Administration (OSHA), 
National Fire Protection Association (NFPA), or both, Class I-III 
flammable and combustible fuel stored in support of a launch vehicle 
ground operation, such as propellant loading or static test firing, 
must be separated from public areas by a minimum of 50 feet. (See Table 
C9.T19 of DoD 6055.9-STD, Rev 4,5.)
    F. Positive measures for spill containment and control are required 
for isolated storage of energetic liquids in accordance with applicable 
OSHA and NFPA guidance (referenced in Tables C9.T19 through C9.T21 of 
DoD 6055.9-STD, Rev 4,5). For flammable energetic liquids and liquid 
oxidizers where only minimum blast or fragment distances are specified, 
applicable OSHA and/or NFPA guidance referenced in Tables C9.T19 and 
C9.T20 of DoD 6055.9-STD, Rev 4,5, must also be used.
    G. For any launch vehicle ground operation where incompatible 
energetic liquids are capable of mixing, the plan must require the 
launch site operator to document in advance the estimated net explosive 
weight (NEW) and the corresponding minimum separation distances to 
public areas, including public roads, based on DoD 6055.9-STD, Rev 4,5 
requirements.
    H. For any launch vehicle ground operation where incompatible 
energetic liquids are capable of mixing, the plan

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must require that minimum separation distances are used to protect all 
public areas, including public roads, based on the estimated net 
explosive weight (NEW) and DoD 6055.9-STD, Rev 4,5, requirements.
    I. For any ground operation where any energetic liquid is present 
in support of a launch vehicle, including storage and handling, the 
plan must require the launch site operator to document in advance the 
minimum separation distances to public areas, including public roads, 
based on DoD 6055.9-STD, Rev 4,5, requirements.
    J. For any ground operation where any energetic liquid is present 
in support of a launch vehicle, including storage and handling, the 
plan must require that minimum separation distances are used to protect 
all public areas, including public roads, based on DoD 6055.9-STD, Rev 
4,5, requirements.
    K. For operations involving energetic liquid transfer to or from a 
RLV, and static test firings of an RLV with energetic liquid present, 
the plan must require the following: (The source that gave rise to each 
standard is in parentheses.)
    1. All tanks must be hydrostatically proof tested to 1.5 times the 
maximum expected operating pressure. (See paragraph C9.5.5.6.2.1 of DoD 
6055.9-STD, Rev 4,5.)
    2. For cryogenic propellants, the tank wall will be surrounded by 
insulation, and the insulation will be covered by a secondary shell 
(which may be the vehicle skin), to reduce the risk of damage to the 
tank wall. (See paragraph C9.5.5.6.2.2 of DoD 6055.9-STD, Rev 4,5.)
    3. All tanks will be fitted with pressure relief devices; the set 
point and tolerance of these devices shall be such that they are closed 
at maximum expected operating pressure, and that they open before 
reaching the hydrostatic proof test pressure. (Compressed Gas 
Association, Oxygen, publication G-4, edition 9, Dec. 1,1996, 
republished Sept 4, 2002, paragraph 3.2.3 (CGA G4))
    4. Transfer operations for oxidizer must take place over a non-
combustible surface such as concrete or earth. In particular, asphalt 
pavement is a porous combustible material that must not be exposed to 
liquid oxygen. (CGA G-4, 1996, paragraph 6.1.1)
    5. Both the fuel and oxidizer lines must contain two independent, 
redundant valves to shut off the flow in the event of a malfunction. 
(See paragraph C9.5.5.6.2.4 of DoD 6055.9-STD, Rev 4,5.)
    6. The design is such that the system is closed except for approved 
venting while propellant is not being fed to the engine. (See paragraph 
C9.5.5.8 of DoD 6055.9-STD, Rev 4,5.)
    7. Once fuel is transferred into the system, the fuel system is 
closed off and made airtight, preventing ingress of oxygen vapor into 
the fuel system or escape of fuel vapor. (See paragraph C9.5.5.8 of DoD 
6055.9-STD, Rev 4,5.)
    8. Fuel and oxidizer are never transferred to or from the system 
concurrently. (See paragraph C9.5.5.8 of DoD 6055.9-STD, Rev 4,5.)
    9. The fuel and oxidizer systems must be separated from each other; 
it must not be possible for any commanded or accidental valve action to 
cross-connect the fuel and oxidizer system, and the design of the 
ullage pressurization system must prevent cross-flow of fuel and 
oxidizer. (See paragraph C9.5.5.8 of DoD 6055.9-STD, Rev 4,5.)
    10. The fuel and oxidizer transfer fittings must have separate and 
physically incompatible fitting types or other means to prevent 
connecting the wrong fill hose to the fill port. (See paragraph 
C9.5.5.8 of DoD 6055.9-STD, Rev 4,5.)
    11. Propellants used must not be contaminated (i.e., no fuel in the 
oxidizer, no oxidizer in the fuel). (See paragraph C9.5.5.8 of DoD 
6055.9-STD, Rev 4,5.)
    12. The vehicle tankage must be protected from fragments produced 
by an engine hard start. (See C9.5.5.6.2.3 of DoD 6055.9-STD, Rev 4,5.)
    13. No common bulkhead exists between the fuel and oxidizer; the 
space between them must be drained and vented, such that it takes two 
independent punctures of fuel and oxidizer tanks to make mixing 
possible and that such a leak would be drained from the intertank 
volume.
    14. Whenever the system is in a ready-to-fire state, such that a 
single malfunction or erroneous action would allow fuel and oxidizer to 
enter the engine combustion chamber, areas around the vehicle, 
including public roads, must be kept free of the public. Minimum 
distances shall be based upon the explosive equivalence and other 
requirements of DoD 6055.9-STD, Rev 4,5 .
    Based on the foregoing reasons and conditions, the FAA has waived 
the liquid propellant storage and handling requirements of 14 CFR part 
420 for East Kern Airport District to operate a launch site at Mojave 
Airport, California, and requires in their place, compliance by EKAD 
with requirements of DoD 6055.9-STD, Rev 4,5, and certain conditions as 
described in this Notice. The FAA is considering whether to initiate 
rulemaking to revise requirements for explosive siting under 14 CFR 
part 420 based upon DoD 6055.9-STD, Rev 4,5.

    Issued in Washington, DC, on June 30, 2004.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 04-15551 Filed 7-7-04; 8:45 am]
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