[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Rules and Regulations]
[Pages 55108-55120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 420

[Docket No. FAA-2011-0105; Amdt. No. 420-6]
RIN 2120-AJ73


Explosive Siting Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends the requirements for siting explosives under 
a license to operate a launch site. It increases flexibility for launch 
site operators in site planning for the storage and handling of 
energetic liquids and explosives.

DATES: Effective November 6, 2012.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this final rule contact Yvonne Tran, Commercial Space Transportation, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-7908; facsimile (202) 267-
5463, email [email protected]. For legal questions concerning this 
final rule contact Laura Montgomery, AGC 200, Senior Attorney for 
Commercial Space Transportation, Office of the Chief Counsel, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3150; facsimile (202) 267-7971, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended and re-codified 
at 51 United States Code (U.S.C.) Subtitle V--Commercial Space 
Transportation, ch.509, Commercial Space Launch Activities, 51 U.S.C. 
50901-50923 (the Act), authorizes the Department of Transportation 
(DOT) and thus the FAA, through delegations, to oversee, license, and 
regulate commercial launch and reentry activities, and the operation of 
launch and reentry sites as carried out by U.S. citizens or within the 
United States. 51 U.S.C. 50904, 50905. Authority for this particular 
rulemaking is derived from 51 U.S.C. 50905, which requires that the FAA 
issue a license to operate a launch site consistent with public health 
and safety. See also 49 U.S.C. 322(a), 51 U.S.C. 50901(a)(7). Section 
50901(a)(7) directs the FAA to regulate only to the extent necessary 
to, in relevant part, protect the public health and safety and safety 
of property.

I. Overview of Final Rule

    This final rule amends part 420 of Title 14 of the Code of Federal 
Regulations (14 CFR) Chapter III, updating the FAA's requirements for 
how to site explosives under a license to operate a launch site.\1\ 
Part 420 establishes criteria for siting facilities at a launch site 
where solid propellants, energetic liquids, or other explosives are 
located to prepare launch vehicles and payloads for flight. These 
criteria are commonly referred to as quantity-distance (Q-D) 
requirements because they provide minimum separation distances between 
explosive hazard facilities, surrounding facilities and locations where 
the public may be present on the basis of the type and quantity of 
solid propellants, energetic liquids, and other explosives located 
within the area. Minimum separation distances are necessary to protect 
the public from explosive hazards.
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    \1\ The FAA published a notice of proposed rulemaking (NPRM) 
that proposed the changes to part 420 that the FAA is now adopting. 
Explosive Siting Requirements, 76 FR 8923 (Feb. 16, 2011).
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    The FAA is making a number of changes consistent with the goals of 
Executive Order 13610, Identifying and Reducing Regulatory Burdens, 77 
FR 28469 (May 14, 2012). First, the FAA is dispensing with its 
separation distance requirements at launch sites for storing liquid 
oxygen, nitrogen tetroxide, hydrogen peroxide in concentrations equal 
to or below 91 percent, and refined petroleum-1 (RP-1). If these 
energetic liquids are not within an intraline distance of an 
incompatible energetic liquid or co-located on a launch vehicle, the 
FAA is no longer imposing public area separation distances because the 
current separation requirements for storing these energetic liquids 
unnecessarily duplicate the requirements of the Occupational Safety and 
Health Administration. Second, the FAA is decreasing the separation 
distances required for division 1.1 explosives and liquid propellants 
with trinitrotoluene (TNT) equivalents of less than or equal to 450 
pounds. Although decreased, the revised separation requirements will 
continue to protect against hazardous fragments, which are defined as 
having a kinetic energy of 58 foot-pounds, which is a level of kinetic 
energy capable of causing a fatality. The probability of a person six 
feet tall and one foot wide being struck by a hazardous fragment at a 
given separation from a given net explosive weight (NEW) is one 
percent, which is an equivalent level of safety to today's separation 
distances. Third, the FAA is reducing the separation distances for the 
storage and handling of division 1.3 explosives, while maintaining a 
level of safety equivalent to current requirements. Fourth, the FAA is 
eliminating its own separation distance requirements for storing liquid 
oxidizers and Class I, II and III flammable and combustible liquids 
because they duplicate the requirements of other regulatory regimes. 
Consistent with the

[[Page 55109]]

current Department of Defense (DOD) Explosive Siting Board's (DDESB) 
and National Fire Protection Association (NFPA) practice, the FAA is 
dispensing with the hazard groups of tables E-3 through E-6 of appendix 
E of part 420 as a means of classification. This revision will conform 
the FAA's classification to the NFPA classification system, which is 
more commonly used to reflect chemical hazards of energetic liquids 
used at commercial launch sites. Finally, a site map must now be at a 
sufficient scale to determine compliance with part 420.

II. Background

    In 2000, the FAA issued rules governing the storage and handling of 
explosives as part of its regulations governing the licensing and 
operation of a launch site. Licensing and Safety Requirements for 
Operation of a Launch Site; Final Rule, 65 FR 62812 (Oct. 19, 2000) 
(Launch Site Rule). The FAA has requirements for obtaining a license to 
operate a launch site in part 420. Part of the application for a 
license requires an applicant to provide the FAA with an explosive site 
plan that complies with the explosive siting requirements of part 420. 
The plan must show how a launch site operator will separate explosive 
hazard facilities from the public. It must identify the location of the 
explosives and how the public is safeguarded. The explosive siting 
requirements of part 420 mandate how far apart a launch site operator 
should site its explosive hazard facilities based on the quantities of 
energetic materials housed in each facility. Distances vary based on 
the quantities at issue, whether the energetic materials at a given 
facility are being handled or stored, and whether or not the distance 
being calculated is a distance to a public area or public traffic 
route.
    Since the original rulemaking, the FAA's experience with the 
requirements has led it to the current changes. At the time it 
promulgated the original requirements, the FAA anticipated that any new 
launch sites would have similar siting issues as launch sites devoted 
to expendable launch vehicles, and, therefore, relied on the siting 
requirements of the DDESB DOD Ammunition and Explosive Safety Standard, 
6055.9-STD (1997) (1997 DOD Standard).\2\ Instead, for the most part, 
the FAA has issued a number of licenses for the operation of launch 
sites at existing airports, such as Mojave Air and Space Port in 
California. At these airports, the presence of jet fuels regulated 
under existing FAA space transportation requirements created conditions 
requiring the FAA to reconcile and clarify its separation requirements 
for launch vehicle liquid propellant requirements with the presence of 
other industrial chemicals, such as aircraft fuels. Based on experience 
with these launch sites and on research on other regimes that address 
explosive materials, the FAA amends its own requirements as described 
above.
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    \2\ The DDESB updated the DOD Standard in 2004. Notice of 
Revision of Department of Defense 6055.9-STD Department of Defense 
Ammunition and Explosives Safety Standards, 70 FR 24771 (May 11, 
2005) (2004 DOD Standard). DOD released a new edition in 2008, but 
the 2004 changes are the ones relevant to this rulemaking. The 2004 
DOD standard bases its separation distances for storage on 
Occupational Safety and Health Administration (OSHA) and NFPA 
standards for classes I through III flammable and combustible 
liquids and liquid oxygen, and on NFPA standards for classes 2 and 3 
liquid oxidizers. The 2004 DOD Standard contains less restrictive 
requirements for explosive division 1.1 solid explosives with a net 
explosive weight of less than or equal to 450 pounds, and for 
energetic liquids with a TNT equivalence of less than or equal to 
450 pounds. The FAA is mirroring these requirements now.
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III. Discussion of Public Comments and Final Rule

    The comment period for the NPRM closed on May 17, 2011. The FAA 
received comments from XCOR Aerospace (XCOR). XCOR's comments support 
the FAA's acceptance of a separation distance different from the one 
required by Sec. Sec.  420.63 through 420.69 if an operator 
demonstrates an equivalent level of safety. XCOR also supports the 
FAA's proposal to abandon storage requirements for the types of liquid 
fuels and oxidizers that are already regulated by OSHA. The FAA also 
received a number of opposing comments from XCOR. They are discussed 
below and address the FAA's jurisdiction over explosive hazards, the 
nature of explosive hazards and whether energetic liquids are all 
explosives, the interplay between the definition of liquid propellants 
and aviation fuels, the appropriate license for dealing with explosive 
hazards and, lastly, stoichiometric ratios, the theoretical ratio of 
fuel and oxidizer at which the fuel is burned completely.
    As an initial matter, the FAA must address XCOR's objection to the 
FAA's jurisdiction over treating a location where static engine firing 
takes place as an explosive hazard facility. XCOR at 12.\3\ Congress 
charged the FAA with licensing and regulating the operation of launch 
sites as well as launches. 51 U.S.C. 50904. Explosive hazards are 
present at launch sites and may threaten members of the public who are 
also present at the site, as well as persons outside of the launch 
site. Because static firing of an engine involves the handling of 
energetic liquids or explosives and all the hazards associated with 
their mixing, the FAA finds it necessary to require separation 
distances between the location and the public. At commercial launch 
sites, locations where static firing occurs are considered explosive 
hazard facilities under Sec.  420.5.
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    \3\ XCOR Aerospace, Comments to NPRM (FAA-2011-0105), Online 
posting, http://www.regulations.gov/
!searchResults;rpp=10;po=0;s=faa-2011-0105, (May 18, 2011) 
(referred to as XCOR).
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    As it proposed in the NPRM, the FAA is adopting and defining the 
term ``energetic liquids'' to mean a liquid, slurry, or gel, consisting 
of, or containing an explosive, oxidizer, fuel, or combination of the 
above, that may undergo, contribute to, or cause rapid exothermic 
decomposition. XCOR opposes the FAA's proposed definition of 
``energetic liquids'' on the grounds that there is no need for the FAA 
to regulate fuels and oxidizers, as explosives, because, according to 
XCOR, energetic liquids are not explosives. XCOR at 6.
    In 2000, the FAA found it necessary to regulate both explosives and 
liquid propellants, but did not define the latter. The FAA's use of 
both terms apparently created the erroneous impression that the FAA 
only regulated materials that do not require mixing to explode, 
notwithstanding the FAA's inclusion of liquid propellants in its part 
420 requirements. As should be evident from the FAA's requirements for 
materials other than division 1.1 explosives, the FAA has not so 
limited itself. ``Explosive'' is a broad term, and the FAA is using it 
throughout part 420 as such. Because of past confusion, the FAA is now 
defining ``energetic liquids'' to encompass liquid fuels, oxidizers, 
and liquid propellants.
    XCOR believes that if a fuel and oxidizer are not mixed, the FAA's 
separation requirements for energetic liquids are not necessary. The 
FAA's requirements, however, are designed to mitigate harm caused by 
inadvertent mixing. Energetic liquids such as fuels and oxidizers may, 
when mixed, produce the reactions of and share characteristics with 
materials that are explosives in the truest technical sense. Explosions 
are due to the sudden release of energy over a short period of time and 
may or may not involve chemical reactions.\4\ Three basic

[[Page 55110]]

characteristics of an explosion are: a sudden energy release, a rapidly 
moving blast or shock wave, and a blast of a magnitude large enough to 
be potentially hazardous. Additionally, explosions may be purely a 
physical event involving a sudden release of mechanical energy, or a 
chemical explosion requiring a chemical reaction. Furthermore, an 
accident may happen without mixing. For example, liquid oxygen is an 
oxidizer and is usually stored in its liquid state at a very low 
temperature. Because liquid oxygen has a very large liquid-to-gas-
expansion ratio, 1 to 860 at 68[deg] F, it can undergo an explosion 
known as a boiling liquid expanding vapor explosion, commonly referred 
to as a BLEVE. The FAA recognizes that no one intends inadvertent 
mixing, but because it can happen and because not all accidents are the 
result of mixing, separation distances are necessary for energetic 
liquids.
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    \4\ Crowl, D.A., Understanding Explosions, AIAA Center for 
Chemical Process Safety (CCPS), 2, (2003).
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    As proposed, the FAA now defines ``liquid propellant'' to mean a 
monopropellant or incompatible energetic liquids co-located for 
purposes of serving as propellants on a launch vehicle or a related 
device. In response to XCOR's comment that unmixed fuels and oxidizers 
do not explode, the FAA is clarifying that the co-location of 
incompatible energetic liquids makes something a liquid propellant only 
where the incompatible energetic liquids are housed in tanks connected 
by piping for purposes of mixing. The stored energy present when 
incompatible energetic liquids are connected by piping poses a hazard 
requiring separation distances because, under feasible conditions, the 
system may fail and cause fire, blast, and flying fragment hazards. It 
is because of these hazards that organizations such as the NFPA require 
a minimum separation distance of 20 feet between a liquid fuel and an 
oxidizer. Obviously, for launch, this is not possible, but the NFPA 
requirement underscores the importance of separating a fueled launch 
vehicle from the public. For most liquid fueled launch vehicles, 
incompatible energetic liquids such as fuels and oxidizers are housed 
in separate tanks on the vehicle. Pipes lead from each tank to a 
combustion chamber where combustion takes place to generate thrust. The 
presence of the piping is designed to ensure mixing in the combustion 
chamber in order to achieve propulsion. Accordingly, the FAA is 
revising its definition of liquid propellants from what it proposed to 
the following: A monopropellant or an incompatible energetic liquid co-
located for purposes of serving as propellants on a launch vehicle or a 
related device where the incompatible energetic liquids are housed in 
tanks connected by piping for purposes of mixing. This new reference to 
``connecting piping'' should alleviate concerns that the FAA intends 
the definition of liquid propellants to apply to aircraft or tanker 
trucks. See XCOR at 6, 7.
    XCOR claims that because a launch license will govern incompatible 
energetic liquids co-located on a launch vehicle, these issues should 
not be addressed through a site license. XCOR at 3, 8. The FAA does not 
dispute that the launch license will govern launch. That being said, 
the launch operator will also have to operate with separation distances 
in effect. This means the site operator's advance planning attendant to 
explosive siting will not go to waste. For example, Sec.  417.411, 
which applies to launch operators, requires safety clear zones that 
would keep the hazards associated with a launch operator's vehicle from 
the public during launch processing.\5\ Accordingly, a site operator 
must be able to provide appropriately sited facilities that permit a 
launch operator to comply with its requirements.\6\ Similarly, XCOR 
maintains that, in the context of the definition of liquid propellants, 
energetic liquids are better addressed in the launch license where an 
appropriate hazard assessment will be conducted. The FAA agrees, but 
there still needs to be enough room to encompass the results of that 
assessment. For example, if a launch operator performs its hazard 
assessment and it, or the FAA, determines that it needs a great deal of 
room to encompass its hazards, the launch site operator's preliminary 
explosive siting should already have made sure that the necessary 
separation distances are in place at the launch site. Different launch 
vehicles may have different levels of quality, safety, and reliability, 
depending on the maturity of the technology and the organization, which 
means that the site operator's separation distances must account for a 
worst-case launch vehicle.
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    \5\ Section 417.411(a)(1) requires a launch operator to 
establish a safety clear zone able to confine an adverse explosive 
event, based on a worst-case event, regardless of the fault 
tolerance of the system.
    \6\ On a related note, XCOR raises the possibility of having to 
evacuate the public as a result of the FAA's regulations. XCOR at 7. 
As is the case under the current requirements, the better solution 
than evacuation would be to relocate a hazardous operation. If a 
site operator addresses the necessary separation distances, neither 
relocation nor evacuation should be necessary.
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    XCOR suggests the FAA take into account launch vehicle design and 
construction when determining separation distances at a launch site 
where the launch vehicles may vary in reliability. XCOR at 3, 8. XCOR 
brings to light an issue that requires clarification. Part 420 
addresses a different issue than a launch operator's safety clear zone. 
Under parts 417 and 437, a launch operator must establish a safety 
clear zone during pre- and post-flight operations. Part 420 requires 
there be room for such safety clear zones in the first place. 
Otherwise, when constructing or establishing a launch site, a site 
operator may fail to plan for the safety needs and regulatory 
requirements of its customers. The philosophy underlying the necessity 
for separation distance requirements is that there must be room for 
hazardous operations, even those covered by other licenses. 
Accordingly, the separation distances for the site operator must 
account for vehicles of varying quality and reliability.
    The FAA is amending its definition of ``explosive hazard facility'' 
to clarify that it includes locations and facilities at a launch site 
where solid propellants, liquid propellants or other explosives are 
stored or handled. XCOR objected to the proposed definition of an 
``explosive hazard facility'' because it includes facilities containing 
energetic liquids, including liquid oxygen. XCOR at 4. XCOR maintains 
this conflicts with the FAA proposal that it would no longer require 
separation distances around liquid oxygen. Although the FAA will no 
longer require separation distances for many energetic liquids, a site 
operator must still, in its explosive site plan, identify all explosive 
hazard facilities where all energetic liquids will be located. The FAA 
has been regulating liquid oxygen as part of an explosive hazard 
facility since 2000, characterizing liquid oxygen as a liquid 
propellant, and will continue to do so under the new rule, while 
characterizing it as an energetic liquid. However, because the FAA has 
been attempting to reduce duplicative requirements, the FAA will rely 
on OSHA's regulations. Therefore, while the FAA will no longer require 
separation distances around liquid oxygen, OSHA will continue to do so, 
and for the FAA to fail to recognize that liquid oxygen is an energetic 
liquid would only create confusion. As discussed in the NPRM, OSHA's 
requirements are extensive and serve to protect the safety of the 
public as an ancillary benefit to OSHA's protection of worker safety.
    Lastly, XCOR comments that the net explosive weight (NEW) of liquid 
propellant should not be based on the

[[Page 55111]]

total quantity of liquid fuel and oxidizer available on a launch 
vehicle, but only on the portion where the liquid fuel and oxidizer are 
at a stoichiometric ratio. XCOR at 10. For example, XCOR postulated a 
horizontal vehicle dumping unused oxidizer so that it returns to the 
runway with only 100 pounds of liquid oxygen and 1000 pounds of 
kerosene aboard. XCOR maintains that part 420 would require it to treat 
the amount of kerosene in excess of that which would react explosively 
as, in fact, exploding. Therefore, any excess should be ignored. XCOR's 
comments relate to existing requirements that the FAA did not propose 
to change. Therefore, its comments are outside the scope of this 
rulemaking. Additionally, part 420 addresses a site operator's location 
of its facilities, and XCOR raises an operational issue addressed not 
through a launch site operator license, but through a launch license. 
The FAA would assess NEW for scenarios hypothesized by XCOR under a 
launch license or permit.
Differences Between the NPRM and the Final Rule
    This final rule is adopted for the reasons discussed in the NPRM, 
but with minor changes from what the FAA proposed. The FAA is defining 
``explosive hazard facility'' to mean a facility or location at a 
launch site where solid propellants, energetic liquids, or other 
explosives are stored or handled. In the NPRM, the FAA proposed to 
define this facility as one where, in relevant part, solid explosives 
were stored or handled. However, this would have created redundancies 
with the references to ``solid explosives'' and ``other explosives'' 
being references to the same thing; the FAA is accordingly keeping the 
original reference to solid propellants.
    The FAA requires a launch site operator to submit a scaled map that 
shows the location of all explosive hazard facilities at the launch 
site, the actual and minimal allowable distances between each explosive 
hazard facility and all other explosive hazard facilities, each public 
traffic route, and each public area, including the launch site 
boundary. The NPRM incorrectly identified the public traffic route as a 
public area. This is relevant for division 1.1 explosives because the 
separation distances between an explosive hazard facility and a public 
traffic route are less than those between an explosive hazard facility 
and a public area. Likewise, Sec.  420.63(d), which permits a site 
operator to demonstrate an equivalent level of safety now clarifies 
that this form of relief applies to separation distances to public 
traffic routes as well as to public areas. See also Sec.  420.67(a) 
(separating incompatible energetic liquids from public traffic routes); 
Sec.  420.69 (separating division 1.1 and 1.3 explosives co-located 
with liquid propellants from public traffic routes).
    The FAA is clarifying its requirement that a launch site operator 
must separate each explosive hazard facility where the NEW is greater 
than 450 pounds and less than 501,500 pounds from each public area 
containing any member of the public in the open by a distance equal to 
-1133.9 + [389 *ln(NEW)].\7\ Accordingly, the final rule contains this 
requirement not only in section 420.65(c)(3), where it appeared in the 
NPRM, but also in sections 420.67(d)(3) and 420.69(b)(4), (c) and 
(d)(5), where it was inadvertently omitted. The FAA discussed the 
reasons for this provision in its original discussion. NPRM at 8928.
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    \7\ Although the NPRM characterized this as affecting operations 
rather than the siting of buildings, the FAA must note that it could 
apply to a site operator's initial planning because a site operator 
would be well advised to consider this formula when siting any 
bleachers for members of the public to view a launch.
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    The final rule, Sec.  420.65(c)(3), which governs the handling of 
division 1.1 and 1.3 explosives, now requires each public area 
containing any member of the public in the open to be separated from an 
explosive hazard facility by a distance equal to -1133.9 + [389 
*ln(NEW)] where the NEW is greater than 450 pounds and less than 
501,500 pounds. The NPRM incorrectly \8\ identified the range of NEW as 
less than 600,000 pounds, rather than 501,500 pounds. Above 501,500 
pounds the NEW formulas for blast and fragments show that blast 
hazards, rather than fragment hazards, determine the separation 
distance. This means that an operator must use a blast formula rather 
than a fragment formula for quantities above 501,500 pounds. Table E-2 
contains the formulas.
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    \8\ When the FAA reviewed these numbers using a more refined 
analysis, it found that the separation distance increments could be 
expressed with greater precision.
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    In the NPRM, the FAA stated, in proposed footnote 3 of Table E-3 
that a net explosive weight of greater than 500,000 pounds was not 
allowed for division 1.1 explosives because it was implied in the 2004 
DOD Standard. Further investigation has disclosed, however, that the 
FAA misread the DDESB limitation. The FAA now understands that the 
limitation meant only that the table's intraline distances could not be 
used for division 1.1 explosives.
    In the interest of greater clarity, the FAA is modifying Sec.  
420.65(d)(2), from what it proposed in the NPRM to clarify that when a 
site operator has quantities of explosives that fall between table 
entries, the site operator may use a formula provided by the tables to 
find a separation distance different than the one listed for the 
specified quantity. For example, if a site operator has 17 pounds of 
division 1.1 explosives, table E-1 would require a separation distance 
for a public area of either 506 or 529 feet. However, the site operator 
may calculate a distance using footnote 1 that falls between these two 
distances. The FAA's change clarifies that the site operator must use 
the equation from the same table as the distance the site operator 
seeks to determine. In other words, the site operator may not use an 
equation from table 2 to calculate a distance for table 1. Similarly, 
for paragraph (e)(3), a site operator with existing structures who 
wants to calculate the maximum quantity of explosives permitted in 
those structures may not use an equation from another table to 
calculate for a quantity being calculated.
    Section 420.69 now clarifies that a launch site operator may, when 
determining separation distances for co-location of division 1.1 and 
1.3 explosives with liquid propellants, employ a maximum credible event 
(MCE) assessment under paragraph (e) rather than using the separation 
distances prescribed by paragraphs (b), (c) and (d). The NPRM 
incorrectly described the MCE assessment as a requirement rather than 
an option. An MCE assessment is one way of demonstrating an equivalent 
level of safety.
    Finally, in table E-7 of Appendix E of part 420, the FAA 
inadvertently transcribed a footnote from the DDESB requirements that 
the FAA had not intended to propose. Specifically, footnote 3 of table 
E-7 in the NPRM, would have required sprinklers for Class 4 oxidizers 
inside a building. This final rule does not incorporate that 
requirement.

Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several analyses. 
First, Executive Order 12866 and Executive Order 13563 direct that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small

[[Page 55112]]

entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows:
    In this final rule, the FAA is amending its explosive siting 
separation requirements. First, the FAA will dispense with separation 
distances for liquid oxygen, nitrogen tetroxide, and hydrogen peroxide 
in concentrations equal to or below 91 percent, if not stored within an 
intraline distance of another incompatible energetic liquid, and if not 
co-located on a launch vehicle. These are unnecessary because they 
duplicate the requirements of other regulatory regimes. Second, the FAA 
is decreasing required separation distances for division 1.1 explosives 
and liquid propellants with TNT equivalents that are less than or equal 
to 450 pounds, while maintaining a level of safety equivalent to 
current requirements. Third, the FAA is reducing separation distances 
for the storage and handling of division 1.3 explosives, while 
maintaining an equivalent level of safety to current requirements. 
Fourth, the FAA is dispensing with the separation distance requirements 
for storing liquid oxidizers and Class I, II and III flammable and 
combustible liquids because they duplicate the requirements of other 
regulatory regimes. The outcome of these changes is expected to be cost 
relieving. These amendments will allow the launch operator increased 
flexibility in site planning for the storage and handling of 
explosives. By encouraging existing launch sites to more effectively 
use their infrastructure, which could result in the additional co-
location of launch sites with existing airports, the rule provides 
benefits (such as encouraging the development of more launch sites) and 
is cost relieving. By removing duplications, the amendments make the 
regulations less burdensome. There may be additional cost savings if 
the FAA issues fewer waivers as a result of this rule.
    Under current part 420, the FAA does not distinguish between public 
areas that are buildings, where people are sheltered, and those where 
people are out in the open. This final rule will result in greater 
distances for some public areas than are required under current rules, 
but should not result in increased distances for siting buildings. The 
operational constraints themselves should not increase costs because a 
launch site operator currently must ensure under Sec.  420.55 that its 
customers schedule their hazardous operations so as not to harm members 
of the public. A site operator may incur minimal costs in performing 
these new calculations and updating its procedures to reflect any 
changes in distances.
    Other provisions will add clarity to the regulations and result in 
reduced ambiguity and confusion. Included are: dispensing with the 
hazard groups of tables E-3 through E-6 of appendix E of part 420 as a 
means of classification; changing the definition of explosive hazard 
facility, and adding definitions for energetic liquid, liquid 
propellant and maximum credible event. These provisions are cost 
neutral. The requirement that the explosive site map be at a scale 
sufficient to determine compliance with part 420 can be cost relieving 
because it can avoid time spent reviewing maps that are difficult to 
read or requesting that an applicant create and submit another map.
    The FAA has, therefore, determined this final rule provides cost 
saving opportunities, is not a ``significant regulatory action'' as 
defined in section 3(f) of Executive Order 12866, and is not 
``significant'' as defined in DOT's Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The final rule will not increase and will likely reduce costs to 
industry because it provides options to launch sites with regards to 
explosive siting. It does not require launch site operators to increase 
the distances between where they have sited explosives and buildings. 
We did not receive comments regarding the initial regulatory 
flexibility analysis.
    Therefore, as the acting FAA Administrator, I certify that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and

[[Page 55113]]

determined that it will have only a domestic impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The map requirement is not an 
increased burden in collecting information because the FAA already 
required a map. The FAA has determined that there is no new requirement 
for information collection associated with this final rule.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 310f and involves no extraordinary 
circumstances.

Executive Order Determinations

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, does not have Federalism 
implications.

Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
is not a ``significant energy action'' under the executive order and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

How To Obtain Additional Information

Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using 
the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's 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.).

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document, 
may contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 420

    Launch sites, Reporting and recordkeeping requirements, Space 
transportation and exploration.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends Chapter III of Title 14, Code of Federal 
Regulations as follows:

PART 420--LICENSE TO OPERATE A LAUNCH SITE

0
1. The authority citation for part 420 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923


0
2. Amend Sec.  420.5 by revising the definition of Explosive hazard 
facility and by adding the definitions of Energetic liquid, Liquid 
propellant, Maximum credible event, and Public traffic route, in 
alphabetical order to read as follows:


Sec.  420.5  Definitions.

* * * * *
    Energetic liquid means a liquid, slurry, or gel, consisting of, or 
containing an explosive, oxidizer, fuel, or combination of the above, 
that may undergo, contribute to, or cause rapid exothermic 
decomposition, deflagration, or detonation.
* * * * *
    Explosive hazard facility means a facility or location at a launch 
site where solid propellants, energetic liquids, or other explosives 
are stored or handled.
* * * * *
    Liquid propellant means:
    (1) A monopropellant on a launch vehicle or related device; or
    (2) Incompatible energetic liquids co-located for purposes of 
serving as propellants on a launch vehicle or a related device where 
the incompatible energetic liquids are housed in tanks connected by 
piping for purposes of mixing.
    Maximum credible event means a hypothesized worst-case accidental 
explosion, fire, or agent release that is likely to occur from a given 
quantity and disposition of explosives, chemical agents, or reactive 
material.
* * * * *
    Public traffic route means any highway or railroad that the general 
public may use.
* * * * *

0
3. Revise Sec.  420.63 to read as follows:

[[Page 55114]]

Sec.  420.63  Explosive siting.

    (a) Except as otherwise provided by paragraph (b) of this section, 
a licensee must ensure the configuration of the launch site follows its 
explosive site plan, and the licensee's explosive site plan complies 
with the requirements of Sec. Sec.  420.65 through 420.70. The 
explosive site plan must include:
    (1) A scaled map that shows the location of all explosive hazard 
facilities at the launch site and that shows actual and minimal 
allowable distances between each explosive hazard facility and all 
other explosive hazard facilities, each public traffic route, and each 
public area, including the launch site boundary;
    (2) A list of the maximum quantity of energetic liquids, solid 
propellants and other explosives to be located at each explosive hazard 
facility, including explosive class and division;
    (3) A description of each activity to be conducted at each 
explosive hazard facility; and
    (4) An explosive site map using a scale sufficient to show whether 
distances and structural relationships satisfy the requirements of this 
part.
    (b) A licensee operating a launch site located on a federal launch 
range does not have to comply with the requirements in Sec. Sec.  
420.65 through 420.70 if the licensee complies with the federal launch 
range's explosive safety requirements.
    (c) For explosive siting issues not addressed by the requirements 
of Sec. Sec.  420.65 through 420.70, a launch site operator must 
clearly and convincingly demonstrate a level of safety equivalent to 
that otherwise required by this part.
    (d) A launch site operator may separate an explosive hazard 
facility from another explosive hazard facility, public area, or public 
traffic route by a distance different from one required by this part 
only if the launch site operator clearly and convincingly demonstrates 
a level of safety equivalent to that required by this part.

0
4. Revise Sec.  420.65 to read as follows:


Sec.  420.65  Separation distance requirements for handling division 
1.1 and 1.3 explosives.

    (a) Quantity. For each explosive hazard facility, a launch site 
operator must determine the total quantity of division 1.1 and 1.3 
explosives as follows:
    (1) A launch site operator must determine the maximum total 
quantity of division 1.1 and 1.3 explosives by class and division, in 
accordance with 49 CFR part 173, Subpart C, to be located in each 
explosive hazard facility where division 1.1 and 1.3 explosives will be 
handled.
    (2) When division 1.1 and 1.3 explosives are located in the same 
explosive hazard facility, the total quantity of explosive must be 
treated as division 1.1 for determining separation distances; or, a 
launch site operator may add the net explosive weight of the division 
1.3 items to the net explosive weight of division 1.1 items to 
determine the total quantity of explosives.
    (b) Separation of division 1.1 and 1.3 explosives and determination 
of distances. A launch site operator must separate each explosive 
hazard facility where division 1.1 and 1.3 explosives are handled from 
all other explosive hazard facilities, all public traffic routes, and 
each public area, including the launch site boundary, by a distance no 
less than that provided for each quantity and explosive division in 
appendix E of this part as follows:
    (1) For division 1.1 explosives, the launch site operator must use 
tables E-1, E-2, and E-3 of appendix E of this part to determine the 
distance to each public area and public traffic route, and to determine 
each intraline distance.
    (2) For division 1.3 explosives, the launch site operator must use 
table E-4 of appendix E of this part to determine the distance to each 
public area and public traffic route, and to determine each intraline 
distance.
    (c) Separation distance by weight and table. A launch site operator 
must:
    (1) Employ no less than the public area distance, calculated under 
paragraph (b) of this section, to separate an explosive hazard facility 
from each public area, including the launch site boundary.
    (2) Employ no less than an intraline distance to separate an 
explosive hazard facility from all other explosive hazard facilities 
used by a single customer. For explosive hazard facilities used by 
different customers a launch site operator must use the greater public 
area distance to separate the facilities from each other.
    (3) Separate each public area containing any member of the public 
in the open by a distance equal to -1133.9 + [389 *ln(NEW)], where the 
NEW is greater than 450 pounds and less than 501,500 pounds.
    (d) NEW Quantities that Fall between Table Entries. A launch site 
operator must, when determining a separation distance for NEW 
quantities that fall between table entries, use the equation provided 
by tables E-1, E-3, or E-4 of appendix E of this part.
    (e) Calculating Maximum Permissible NEW Given a Distance. A launch 
site operator must, when determining a permissible quantity of 
explosives, calculate maximum permissible NEW using the equation of 
tables E-1, E-3, or E-4 of appendix E of this part.

0
5. Add Sec.  420.66 to read as follows:


Sec.  420.66  Separation distance requirements for storage of hydrogen 
peroxide, hydrazine, and liquid hydrogen and any incompatible energetic 
liquids stored within an intraline distance.

    (a) Separation of energetic liquids and determination of distances. 
A launch site operator must separate each explosive hazard facility 
from each other explosive hazard facility, each public area, and each 
public traffic route in accordance with the minimum separation distance 
determined under this section for each explosive hazard facility 
storing:
    (1) Hydrogen peroxide in concentrations of greater than 91 percent;
    (2) Hydrazine;
    (3) Liquid hydrogen; or
    (4) Any energetic liquid that is:
    (i) Incompatible with any of the energetic liquids of paragraph 
(a)(1) through (3) of this section; and
    (ii) Stored within an intraline distance of any of them.
    (b) Quantity. For each explosive hazard facility, a launch site 
operator must determine the total quantity of all energetic liquids in 
paragraph (a)(1) through (4) of this section as follows:
    (1) The quantity of energetic liquid in a tank, drum, cylinder, or 
other container is the net weight in pounds of the energetic liquid in 
the container. The determination of quantity must include any energetic 
liquid in associated piping to any point where positive means exist 
for:
    (i) Interrupting the flow through the pipe, or
    (ii) Interrupting a reaction in the pipe in the event of a mishap.
    (2) A launch site operator must convert the quantity of each 
energetic liquid from gallons to pounds using the conversion factors 
provided in table E-6 of appendix E of this part and the following 
equation:
    Pounds of energetic liquid = gallons x density of energetic liquid 
(pounds per gallon).
    (3) Where two or more containers of compatible energetic liquids 
are stored in the same explosive hazard facility, the total quantity of 
energetic liquids is the total quantity of energetic liquids in all 
containers, unless:
    (i) The containers are each separated from each other by the 
distance required by paragraph (c) of this section; or
    (ii) The containers are subdivided by intervening barriers that 
prevent mixing, such as diking.

[[Page 55115]]

    (4) Where two or more containers of incompatible energetic liquids 
are stored within an intraline distance of each other, paragraph (d) of 
this section applies.
    (c) Determination of separation distances for compatible energetic 
liquids. A launch site operator must determine separation distances for 
compatible energetic liquids as follows:
    (1) To determine each intraline, public area, and public traffic 
route distance, a launch site operator must use the following tables in 
appendix E of this part:
    (i) Table E-7 for hydrogen peroxide in concentrations of greater 
than 91 percent; and
    (ii) Table E-8 for hydrazine and liquid hydrogen.
    (2) For liquid hydrogen and hydrazine, a launch site operator must 
use the ``intraline distance to compatible energetic liquids'' for the 
energetic liquid that requires the greater distance under table E-8 of 
appendix E of this part as the minimum separation distance between 
compatible energetic liquids.
    (d) Determination of separation distances for incompatible 
energetic liquids. If incompatible energetic liquids are stored within 
an intraline distance of each other, a launch site operator must 
determine the explosive equivalent in pounds of the combined liquids as 
provided by paragraph (d)(2) of this section unless intervening 
barriers prevent mixing.
    (1) If intervening barriers prevent mixing, a launch site operator 
must separate the incompatible energetic liquids by no less than the 
intraline distance that tables E-7 and E-8 of appendix E of this part 
apply to compatible energetic liquids using the quantity or energetic 
liquid requiring the greater separation distance.
    (2) A launch site operator must use the formulas provided in table 
E-5 of appendix E of this part, to determine the explosive equivalent 
in pounds of the combined incompatible energetic liquids. A launch site 
operator must then use the explosive equivalent in pounds requiring the 
greatest separation distance to determine the minimum separation 
distance between each explosive hazard facility and all other explosive 
hazard facilities and each public area and public traffic route as 
required by tables E-1, E-2 and E-3 of appendix E of this part.

0
6. Revise Sec.  420.67 to read as follows:


Sec.  420.67  Separation distance requirements for handling 
incompatible energetic liquids that are co-located.

    (a) Separation of energetic liquids and determination of distances. 
Where incompatible energetic liquids are co-located in a launch or 
reentry vehicle tank or other vessel, a launch site operator must 
separate each explosive hazard facility from each other explosive 
hazard facility, each public area, and each public traffic route in 
accordance with the minimum separation distance determined under this 
section for each explosive hazard facility.
    (b) Quantity. For each explosive hazard facility, a launch site 
operator must determine the total quantity of all energetic liquids as 
follows:
    (1) The quantity of energetic liquid in a launch or reentry vehicle 
tank is the net weight in pounds of the energetic liquid. The 
determination of quantity must include any energetic liquid in 
associated piping to any point where positive means exist for:
    (i) Interrupting the flow through the pipe; or
    (ii) Interrupting a reaction in the pipe in the event of a mishap.
    (2) A launch site operator must convert each energetic liquid's 
quantity from gallons to pounds using the conversion factors provided 
by table E-6 of appendix E of this part and the following equation:

Pounds of energetic liquid = gallons x density of energetic liquid 
(pounds per gallon).

    (c) Determination of separation distances for incompatible 
energetic liquids. A launch site operator must determine separation 
distances for incompatible energetic liquids as follows:
    (1) A launch site operator must use the formulas provided in table 
E-5 of appendix E of this part, to determine the explosive equivalent 
in pounds of the combined incompatible energetic liquids; and
    (2) A launch site operator must then use the explosive equivalent 
in pounds to determine the minimum separation distance between each 
explosive hazard facility and all other explosive hazard facilities and 
each public area and public traffic route as required by tables E-1, E-
2 and E-3 of appendix E of this part. Where two explosive hazard 
facilities contain different quantities, the launch site operator must 
use the quantity of liquid propellant requiring the greatest separation 
distance to determine the minimum separation distance between the two 
explosive hazard facilities.
    (d) Separation distance by weight and table. For each explosive 
hazard facility, a launch site operator must:
    (1) For an explosive equivalent weight from one pound through and 
including 450 pounds, determine the distance to any public area and 
public traffic route following table E-1 of appendix E of this part;
    (2) For explosive equivalent weight greater than 450 pounds, 
determine the distance to any public area and public traffic route 
following table E-2 of appendix E of this part;
    (3) Separate each public area containing any member of the public 
in the open by a distance equal to -1133.9 + [389 *ln(NEW)], where the 
NEW is greater than 450 pounds and less than 501,500 pounds;
    (4) Separate each explosive hazard facility from all other 
explosive hazard facilities of a single customer using the intraline 
distance provided by table E-3 of appendix E of this part; and
    (5) For explosive hazard facilities used by different customers, 
use the greater public area distance to separate the facilities from 
each other.

0
7. Revise Sec.  420.69 to read as follows:


Sec.  420.69  Separation distance requirements for co-location of 
division 1.1 and 1.3 explosives with liquid propellants.

    (a) Separation of energetic liquids and explosives and 
determination of distances. A launch site operator must separate each 
explosive hazard facility from each other explosive hazard facility, 
each public traffic route, and each public area in accordance with the 
minimum separation distance determined under this section for each 
explosive hazard facility where division 1.1 and 1.3 explosives are co-
located with liquid propellants. A launch site operator must determine 
each minimum separation distance from an explosive hazard facility 
where division 1.1 and 1.3 explosives and liquid propellants are to be 
located together, to each other explosive hazard facility, public 
traffic route, and public area as described in paragaphs (b) through 
(e) of this section.
    (b) Liquid propellants and division 1.1 explosives located 
together. For liquid propellants and division 1.1 explosives located 
together, a launch site operator must:
    (1) Determine the explosive equivalent weight of the liquid 
propellants by following Sec.  420.67(c);
    (2) Add the explosive equivalent weight of the liquid propellants 
and the net explosive weight of division 1.1 explosives to determine 
the combined net explosive weight;
    (3) Use the combined net explosive weight to determine the distance 
to each

[[Page 55116]]

public area, public traffic route, and each other explosive hazard 
facility by following tables E-1, E-2, and E-3 of appendix E of this 
part; and
    (4) Separate each public area containing any member of the public 
in the open by a distance equal to -1133.9 + [389 *ln(NEW)], where the 
net explosive weight is greater than 450 pounds and less than 501,500 
pounds.
    (c) Liquid propellants and division 1.3 explosives located 
together. For liquid propellants and division 1.3 explosives located 
together, a launch site operator must separate each explosive hazard 
facility from each other explosive hazard facility, public area, and 
public traffic route using either of the following two methods:
    (1) Method 1. (i) Determine the explosive equivalent weight of the 
liquid propellants by following Sec.  420.67(c);
    (ii) Add to the explosive equivalent weight of the liquid 
propellants, the net explosive weight of each division 1.3 explosive, 
treating division 1.3 explosives as division 1.1 explosives;
    (iii) Use the combined net explosive weight to determine the 
minimum separation distance to each public area, public traffic route, 
and each other explosive hazard facility by following tables E-1, E-2, 
and E-3 of appendix E of this part; and
    (iv) Separate each public area containing any member of the public 
in the open by a distance equal to -1133.9 + [389 *ln(NEW)], where the 
net explosive weight is greater than 450 pounds and less than 501,500 
pounds.
    (2) Method 2. (i) Determine the explosive equivalent weight of each 
liquid propellant by following Sec.  420.67(c);
    (ii) Add to the explosive equivalent weight of the liquid 
propellants, the net explosive weight of each division 1.3 explosive to 
determine the combined net explosive weight;
    (iii) Use the combined net explosive weight to determine the 
minimum separation distance to each public area, public traffic route, 
and each other explosive hazard facility by following tables E-1, E-2, 
and E-3 of appendix E of this part; and
    (iv) Separate each public area containing any member of the public 
in the open by a distance equal to -1133.9 + [389 *ln(NEW)], where the 
net explosive weight is greater than 450 pounds and less than 501,500 
pounds.
    (d) Liquid propellants and division 1.1 and 1.3 explosives located 
together. For liquid propellants and division 1.1 and 1.3 explosives 
located together, a launch site operator must:
    (1) Determine the explosive equivalent weight of the liquid 
propellants by following Sec.  420.67(c);
    (2) Determine the total explosive quantity of each division 1.1 and 
1.3 explosive by following Sec.  420.65(a)(2);
    (3) Add the explosive equivalent weight of the liquid propellants 
to the total explosive quantity of division 1.1 and 1.3 explosives 
together to determine the combined net explosive weight;
    (4) Use the combined net explosive weight to determine the distance 
to each public area, public traffic route, and each other explosive 
hazard facility by following tables E-1, E-2, and E-3 of appendix E of 
this part; and
    (5) Separate each public area containing any member of the public 
in the open by a distance equal to -1133.9 + [389 *ln(NEW)], where the 
net explosive weight is greater than 450 pounds and less than 501,500 
pounds
    (e) Use of maximum credible event analysis. If a launch site 
operator does not want to employ paragraphs (b), (c), or (d) of this 
section, the launch site operator must analyze the maximum credible 
event (MCE) or the worst case explosion expected to occur. If the MCE 
shows there will be no simultaneous explosion reaction of the liquid 
propellant tanks and the solid propellant motors, the minimum distance 
between the explosive hazard facility and all other explosive hazard 
facilities and public areas must be based on the MCE.

0
8. Add Sec.  420.70 to read as follows:


Sec.  420.70  Separation distance measurement requirements.

    (a) This section applies to all measurements of distances performed 
under Sec. Sec.  420.63 through 420.69.
    (b) A launch site operator must measure each separation distance 
along straight lines. For large intervening topographical features such 
as hills, the launch site operator must measure over or around the 
feature, whichever is the shorter.
    (c) A launch site operator must measure each minimum separation 
distance from the closest hazard source, such as a container, building, 
segment, or positive cut-off point in piping, in an explosive hazard 
facility. When measuring, a launch site operator must:
    (1) For a public traffic route distance, measure from the nearest 
side of the public traffic route to the closest point of the hazard 
source; and
    (2) For an intraline distance, measure from the nearest point of 
one hazard source to the nearest point of the next hazard source. The 
minimum separation distance must be the distance for the quantity of 
energetic liquids or net explosive weight that requires the greater 
distance.

0
9. Revise Appendix E to part 420 to read as follows:

Appendix E to Part 420--Tables for Explosive Site Plan

  Table E-1--Division 1.1 Distances to a Public Area or Public Traffic
                         Route for NEW <=450 lbs
------------------------------------------------------------------------
                                                             Distance to
                                                                public
                                                Distance to    traffic
                  NEW  (lbs.)                   public area     route
                                                 (ft) \1,2\    distance
                                                               (ft) \2\
------------------------------------------------------------------------
<=0.5.........................................          236          142
0.7...........................................          263          158
1.............................................          291          175
2.............................................          346          208
3.............................................          378          227
5.............................................          419          251
7.............................................          445          267
10............................................          474          284
15............................................          506          304
20............................................          529          317
30............................................          561          337
31............................................          563          338
50............................................          601          361
70............................................          628          377
100...........................................          658          395
150...........................................          815          489
200...........................................          927          556
300...........................................         1085          651
450...........................................         1243          746
------------------------------------------------------------------------
\1\ To calculate distance d to a public area from NEW:
NEW <= 0.5 lbs: d = 236
0.5 lbs < NEW <100 lbs: d = 291.3 + [79.2 *ln(NEW)]
100 lbs <= NEW <= 450 lbs: d = -1133.9 + [389 *ln(NEW)]
NEW is in lbs; d is in ft; ln is natural logarithm.
To calculate maximum NEW given distance d (noting that d can never be
  less than 236 ft):
0 <= d < 236 ft: Not allowed (d cannot be less than 236 ft)
236 ft <=d < 658 ft: NEW = exp [(d/79.2)-3.678]
658 ft <= d < 1250 ft: NEW = exp [(d/389) +2.914]
NEW is in lbs; d is in ft; exp[x] is e\x\.
\2\ The public traffic route distance is 60 percent of the distance to a
  public area.


[[Page 55117]]


Table E-2--Division 1.1 Distance to Public Area and Public Traffic Route
                            for NEW > 450 lbs
------------------------------------------------------------------------
                                   Distance to
           NEW (lbs)            public area  (ft)    Distance to public
                                       \1\          traffic route  (ft)
------------------------------------------------------------------------
450 lbs< NEW <= 30,000 lbs....  1,250............  750.
30,000 lbs< NEW <= 100,000 lbs  40*NEW \1/3\.....  0.60*(Distance to
                                                    Public Area).
100,000 lbs< NEW <= 250,000     2.42*NEW \0.577\.  0.60*(Distance to
 lbs.                                               Public Area).
250,000 lbs< NEW..............  50*NEW \1/3\.....  0.60*(Distance to
                                                    Public Area).
------------------------------------------------------------------------
\1\ To calculate NEW from distance d to a public area:
1, 243 ft< d <= 1,857 ft: NEW = d\3\/64,000
1, 857 ft< d <= 3,150 ft: NEW = 0.2162 * d \1.7331\
3,150 ft< d: NEW = d\3\/125,000
NEW is in lbs; d is in ft.


           Table E-3--Division 1.1 Intraline Distances\1,2,3\
------------------------------------------------------------------------
                                                            Intraline
                       NEW  (lbs)                         Distance  (ft)
------------------------------------------------------------------------
50.....................................................               66
70.....................................................               74
100....................................................               84
150....................................................               96
200....................................................              105
300....................................................              120
500....................................................              143
700....................................................              160
1,000..................................................              180
1,500..................................................              206
2,000..................................................              227
3,000..................................................              260
5,000..................................................              308
7,000..................................................              344
10,000.................................................              388
15,000.................................................              444
20,000.................................................              489
30,000.................................................              559
50,000.................................................              663
70,000.................................................              742
100,000................................................              835
150,000................................................              956
200,000................................................            1,053
300,000................................................            1,205
500,000 \3\............................................            1,429
700,000................................................            1,598
1,000,000..............................................            1,800
1,500,000..............................................            2,060
2,000,000..............................................            2,268
3,000,000..............................................            2,596
5,000,000..............................................            3,078
------------------------------------------------------------------------
\1\ To calculate intraline distance d from NEW:
d = 18*NEW \1/3\
NEW is in pounds; d is in feet
\2\ To calculate maximum NEW from given intraline distance d:
NEW = d\3\/5,832
NEW is in pounds; d is in feet.
\3\ NEW values of more than 500,000 lbs only apply to liquid propellants
  with TNT equivalents equal to those NEW values. The intraline
  distances for NEW greater than 500,000 pounds do not apply to division
  1.1 explosives.


              Table E-4--Division 1.3 Separation Distances
------------------------------------------------------------------------
                                            Distance to
                                          public area or     Intraline
                NEW (lbs)                 public traffic   distance (ft)
                                          route (ft) \1\        \2\
------------------------------------------------------------------------
<=1000..................................              75              50
1,500...................................              82              56
2,000...................................              89              61
3,000...................................             101              68
5,000...................................             117              80
7,000...................................             130              88
10,000..................................             145              98
15,000..................................             164             112
20,000..................................             180             122
30,000..................................             204             138
50,000..................................             240             163
70,000..................................             268             181
100,000.................................             300             204
150,000.................................             346             234
200,000.................................             385             260
300,000.................................             454             303
500,000.................................             569             372
700,000.................................             668             428
1,000,000...............................             800             500
1,500,000...............................             936             577
2,000,000...............................           1,008             630
------------------------------------------------------------------------
\1\ To calculate distance d to a public area or traffic route from NEW:
NEW <=1,000lbs
 d= 75 ft
1,000 lbs< NEW <= 96,000 lbs
 d=exp[2.47 + 0.2368*(ln(NEW)) + 0.00384*(ln(NEW))\2\]
96,000 lbs< NEW <=1,000,000 lbs
 d = exp[7.2297-0.5984*(ln(NEW)) + 0.04046*(ln(NEW))\2\]
NEW > 1,000,000 lbs
 d = 8*NEW \1/3\
NEW is in pounds; d is in feet; exp[x] is e\x\; ln is natural logarithm.
To calculate NEW from distance d to a public area or traffic route
  (noting that d cannot be less than 75 ft):

[[Page 55118]]

 
0 <= d < 75 ft:
 Not allowed (d cannot be less than 75 ft) for NEW <= 1000 lbs
75 ft <= d<= 296 ft
 NEW = exp[-30.833 + (307.465 + 260.417*(ln(d)))\1/2\]
296 ft< d<= 800 ft
 NEW = exp[7.395 + (-124.002 + 24.716*(ln(d)))\1/2\]
800 ft< d
 NEW = d\3\/512
NEW is in lbs; d is in ft; exp[x] is e\x\; ln is natural logarithm
\2\ To calculate intraline distance d from NEW:
NEW <= 1,000 lbs
 d = 50 ft
1,000 lbs< NEW <= 84,000 lbs
 d=exp[2.0325 + 0.2488*(ln(NEW)) + 0.00313* (ln(NEW))\2\]
84,000 lbs< NEW <= 1,000,000 lbs
 d= exp[4.338-0.1695*(ln(NEW)) + 0.0221*(ln(NEW))\2\]
1,000,000 lbs< NEW
 d =5*NEW \1/3\
NEW is in pounds; d is in feet; exp[x] is e\x\; ln is natural logarithm
To calculate NEW from an intraline distance d:
0 <= d < 50 ft:
 Not allowed (d cannot be less than 50 ft) for NEW <= 1000 lbs
50 ft <= d<= 192 ft
 NEW = exp[-39.744 + (930.257 + 319.49*(ln(d)))\1/2\]
192 ft <d<= 500 ft
 NEW = exp[3.834 + (-181.58 + 45.249*(ln(d)))\1/2\]
500 ft <=d
 NEW = d\3\/125
NEW is in pounds; d is in feet; exp[x] is e\x\; ln is natural logarithm


        Table E-5--Energetic Liquid Explosive Equivalents\1,2,3\
------------------------------------------------------------------------
        Energetic liquids           TNT Equivalence     TNT Equivalence
------------------------------------------------------------------------
                                  Static Test Stands  Launch Pads.
LO2/LH2.........................  See Note 3........  See Note 3.
LO2/LH2 + LO2/RP-1..............  Sum of (see Note 3  Sum of (see Note 3
                                   for LO2/LH2) +      for LO2/LH2) +
                                   (10% for LO2/RP1).  (20% for LO2/
                                                       RP1).
LO2/RP-1........................  10%...............  20% up to 500,000
                                                       lbs
                                                      Plus 10% over
                                                       500,000 lbs
IRFNA/UDMH......................  10%...............  10%.
N204/UDMH + N2H4................  5%................  10%.
------------------------------------------------------------------------
\1\ A launch site operator must use the percentage factors of table E-5
  to determine TNT equivalencies of incompatible energetic liquids that
  are within an intraline distance of each other.
\2\ A launch site operator may substitute the following energetic
  liquids to determine TNT equivalency under this table as follows:
Alcohols or other hydrocarbon for RP-1
H2O2 for LO2 (only when H2O2 is in combination with RP-1 or equivalent
  hydrocarbon fuel)
MMH for N2H4, UDMH, or combinations of the two.
\3\ TNT equivalency for LO2/LH2 is the larger of:
(a) TNT equivalency of 8*W\2/3\, where W is the weight of LO2/LH2 in
  lbs; or
(b) 14 percent of the LO2/LH2 weight.


  Table E-6--Factors To Use When Converting Energetic Liquid Densities
------------------------------------------------------------------------
                                           Density  (lb/    Temperature
                  Item                         gal)          ([deg]F)
------------------------------------------------------------------------
Ethyl alcohol...........................            6.6               68
Hydrazine...............................            8.4               68
Hydrogen peroxide (90 percent)..........           11.6               68
Liquid hydrogen.........................            0.59            -423
Liquid oxygen...........................            9.5             -297
Red fuming nitric acid (IRFNA)..........           12.9               77
RP-1....................................            6.8               68
UDMH....................................            6.6               68
UDMH/Hydrazine..........................            7.5               68
------------------------------------------------------------------------


[[Page 55119]]


Table E-7--Separation Distance Criteria for Storage of Hydrogen Peroxide
             in Concentrations of More than 91 Percent\1,2\
------------------------------------------------------------------------
                                                           Intraline
                                                          distance or
                                                          distance to
                   Quantity  (lbs)                       public area or
                                                          distance to
                                                         public traffic
                                                          route  (ft)
------------------------------------------------------------------------
10,000...............................................                510
15,000...............................................                592
20,000...............................................                651
30,000...............................................                746
50,000...............................................                884
70,000...............................................                989
100,000..............................................               1114
150,000..............................................               1275
200,000..............................................               1404
300,000..............................................               1607
500,000..............................................               1905
------------------------------------------------------------------------
\1\ Multiple tanks containing hydrogen peroxide in concentrations of
  greater than 91 percent may be located at distances less than those
  required by table E-7; however, if the tanks are not separated from
  each other by 10 percent of the distance specified for the largest
  tank, then the launch site operator must use the total contents of all
  tanks to calculate each intraline distance and the distance to each
  public area and each public traffic route.
\2\ A launch site operator may use the equations below to determine
  permissible distance or quantity between the entries of table E-7:
W > 10,000 lbs Distance = 24 * W\1/3\
Where Distance is in ft and W is in lbs.
To calculate weight of hydrogen peroxide from a distance d:
d > 75 ft
W = exp[-134.286 + 71.998*(ln(d)) -12.363*(ln(d))\2\ +
  0.7229*(ln(d))\3\]


                         Table E-8--Separation Distance Criteria for Storage of Liquid Hydrogen and Bulk Quantities of Hydrazine
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Public area                                                     Public area
                                                           and intraline     Intraline                                     and intraline     Intraline
                                             Pounds of      distance to     distance to      Pounds of       Pounds of      distance to     distance to
       Pounds of energetic liquid            energetic     incompatible     compatible       energetic       energetic     incompatible     compatible
                                              liquid         energetic       energetic        liquid          liquid         energetic       energetic
                                                              liquids         liquids                                         liquids         liquids
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Over                       Not Over       Distance in     Distance in        Over          Not Over       Distance in     Distance in
                                                               feet            feet                                            feet            feet
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          ..............  ..............  ..............          60,000          70,000           1,200             130
100.....................................             200             600              35          70,000          80,000           1,200             130
200.....................................             300             600              40          80,000          90,000           1,200             135
300.....................................             400             600              45          90,000         100,000           1,200             135
400.....................................             500             600              50         100,000         125,000           1,800             140
500.....................................             600             600              50         125,000         150,000           1,800             145
600.....................................             700             600              55         150,000         175,000           1,800             150
700.....................................             800             600              55         175,000         200,000           1,800             155
800.....................................             900             600              60         200,000         250,000           1,800             160
900.....................................           1,000             600              60         250,000         300,000           1,800             165
1,000...................................           2,000             600              65         300,000         350,000           1,800             170
2,000...................................           3,000             600              70         350,000         400,000           1,800             175
3,000...................................           4,000             600              75         400,000         450,000           1,800             180
4,000...................................           5,000             600              80         450,000         500,000           1,800             180
5,000...................................           6,000             600              80         500,000         600,000           1,800             185
6,000...................................           7,000             600              85         600,000         700,000           1,800             190
7,000...................................           8,000             600              85         700,000         800,000           1,800             195
8,000...................................           9,000             600              90         800,000         900,000           1,800             200
9,000...................................          10,000             600              90         900,000       1,000,000           1,800             205
10,000..................................          15,000           1,200              95       1,000,000       2,000,000           1,800             235
15,000..................................          20,000           1,200             100       2,000,000       3,000,000           1,800             255
20,000..................................          25,000           1,200             105       3,000,000       4,000,000           1,800             265
25,000..................................          30,000           1,200             110       4,000,000       5,000,000           1,800             275
30,000..................................          35,000           1,200             110       5,000,000       6,000,000           1,800             285
35,000..................................          40,000           1,200             115       6,000,000       7,000,000           1,800             295
40,000..................................          45,000           1,200             120       7,000,000       8,000,000           1,800             300
45,000..................................          50,000           1,200             120       8,000,000       9,000,000           1,800             305
50,000..................................          60,000           1,200             125       9,000,000      10,000,000           1,800             310
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 55120]]


    Issued in Washington, DC, on August 24, 2012.
Michael P. Huerta,
Acting Administrator.
[FR Doc. 2012-21922 Filed 9-6-12; 8:45 am]
BILLING CODE 4910-13-P