[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Rules and Regulations]
[Pages 55108-55120]
From the Federal Register Online via the Government Printing 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 yvonne.tran@faa.gov. 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
laura.montgomery@faa.gov.
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