[Federal Register: August 31, 2006 (Volume 71, Number 169)]
[Rules and Regulations]
[Page 51967-51972]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au06-21]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 404, 413, and 420
Miscellaneous Changes to Commercial Space Transportation Regulations;
Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 404, 413, and 420
[Docket No. FAA-2005-21234, Amendment Nos. 404-3, 413-8, and 420-2]
RIN 2120-AI45
Miscellaneous Changes to Commercial Space Transportation
Regulations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends FAA regulations governing commercial
space transportation. These changes are necessary to reflect a
statutory change, capture current practice and to correct errors in a
table. The purpose of the changes is to give the public and the
regulated industry accurate and current information.
DATES: These amendments become effective October 2, 2006.
FOR FURTHER INFORMATION CONTACT: Michelle Murray, Office of Commercial
Space Transportation, Space Systems Development Division (AST-100),
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-7892; facsimile (202) 267-
5473, e-mail Michelle.Murray@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://
http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at http://www.access.gpo.gov/fr/index.html
.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
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. If you are a small entity and you have a question
regarding this document, you may contact a local FAA official, or the
person listed under FOR FURTHER INFORMATION CONTACT. You can find out
more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.
Authority for This Rulemaking
The Commercial Space Launch Act of 1984, as codified and amended at
49 U.S.C. Subtitle IX--Commercial Space Transportation, ch. 701,
Commercial Space Launch Activities, 49 U.S.C. 70101-70121 (the Act),
authorizes the Department of Transportation and thus the FAA, through
delegations (See 64 FR 19586, Apr. 21, 1999) 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. 49 U.S.C. 70104, 70105. The Act directs the FAA to
exercise this responsibility consistent with public health and safety,
safety of property, and the national security and foreign policy
interests of the United States. 49 U.S.C. 70105. The FAA is also
responsible for encouraging, facilitating and promoting commercial
space launches by the private sector. 49 U.S.C. 70103. A 1996 National
Space Policy recognizes the Department of Transportation as the lead
Federal agency for regulatory guidance regarding commercial space
transportation activities.
The rules that we are adopting are part of the Commercial Space
Transportation Regulations and fall within the authority above.
Background
On May 19, 2005, the FAA published a notice of proposed rulemaking
(NPRM) in the Federal Register (70 FR 29164). Readers should refer to
the NPRM for additional background information. We received comments
from eight sources, including five individuals, one corporation, the
International Astronomical Union, and the American Astronomical
Society. These comments are discussed in detail later in this preamble.
Discussion of the Rules Adopted
Section 404.3 Waiver of the Requirement for a License
The Commercial Space Act of 1998 (Pub. L. 105-303) modified section
70105(b)(3) of the Commercial Space Launch Act to allow the Associate
Administrator to waive the requirement to obtain a license for an
individual applicant. The Associate Administrator must determine that
the waiver is in the public interest and will not jeopardize the public
health and safety, the safety of property, or any national security or
foreign policy interest of the United States. We are amending our
regulations to reflect this authority.
Section 404.5 Petition for Reconsideration
The FAA amends 14 CFR 404.5 by adding a process for reconsidering a
denial of a waiver or petition. The addition of a license waiver
process to 14 CFR 404.3 highlighted the fact that our existing petition
processes do not allow for reconsideration of a denial of a waiver or
petition.
Currently, 14 CFR 404.5(b) allows the Associate Administrator for
Commercial Space Transportation to grant a petition for a waiver if the
waiver is in the public interest and will not jeopardize public health
and safety, the safety or property, or any national security or foreign
policy interest of the United States. Existing 14 CFR 404.5(c) provides
that if the Associate Administrator determines that the petition does
not justify granting the waiver, the petition is denied.
14 CFR 404.5(e) will allow a petitioner to request reconsideration
of a petition denial within 60 days of the date of the denial. For FAA
to accept the petition, it will have to show one of the following:
The petitioner has a significant additional fact and a
reason for not presenting it in the original petition,
The FAA made an important factual error in the denial of
the original petition, or
The denial by the FAA is not in accordance with applicable
law and regulations.
Section 413.7(c) Signature and Certification of Accuracy of an
Application
Existing 14 CFR 413.7(c)(1) requires that an application for
licensed activities must be legibly signed, dated, and certified as
true, complete, and accurate by an officer authorized to act for the
corporation (italics added) in licensing matters. To reduce the burden
of licensing on the commercial space industry, the FAA amends 14 CFR
413.7(c)(1) to allow corporations to designate a person to sign
applications who is not an officer of the corporation. For large
corporations, the requirement for an officer of the company to submit
an application is often difficult. Getting the original application
signed by an officer may not be difficult, but the final application
usually includes additional
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information. It is sometimes difficult for all of the additional
information or data to be signed by an officer of the corporation. The
application process will be streamlined if an officer of a corporation
can delegate his or her responsibility in licensing matters.
Part 420 Appendix C, Correction of Table C-3
Appendix C to part 420 provides a method for a launch site operator
applicant to estimate the expected casualty (Ec) for a representative
launch vehicle using a flight corridor generated either by appendix A
or appendix B to part 420. As part of the calculation, a casualty area
lookup table is used. Recent analysis has shown that expected casualty
values generated by appendix C are inaccurate due to incorrect casualty
areas in Table C-3. We are replacing the lookup table with corrected
casualty areas, which in turn will produce more reasonable Ec values.
The new values will be, on average, an order of magnitude lower than
their original counterparts. This change will affect launch site
applicants who wish to use the appendix C method to comply with part
420. To date, no one has applied for a launch site operator license
using the appendix C method.
Prohibition of Obtrusive Space Advertising
The NPRM contained a definition of ``obtrusive space advertising''
that was proposed to be added to the definitions section in 14 CFR
401.5. We proposed adding to 14 CFR 415.51 a requirement that the FAA
would review a payload proposed for launch to determine if the launch
of the payload will result in obtrusive space advertising. Section
415.51, as proposed, would also have placed a prohibition on the launch
of a payload if it resulted in obtrusive space advertising. We intended
the proposal to address the statutory requirements contained in the
National Aeronautics and Space Administration Authorization Act of 2000
(Pubic Law 106-391 of October 30, 2000), which amended 49 U.S.C.
chapter 701.
Advertising from space is a new form of communication that had the
potential to become widespread as the space industry developed. Prior
to the enactment of Public Law 106-391, this form of advertisement had
been used on such activities as placing advertising logos on uniforms,
launch vehicles, launch facilities, and launch infrastructure. Outer
space offered the possibility to promote messages in entirely new ways.
Objects placed in orbit, if large enough, could be seen by people
around the world for long periods of time greatly increasing the value
of advertising. However, their visibility in the sky could have adverse
effects on the general public, astronomers, and other components of the
space industry. Large advertisements could destroy the darkness of the
night sky. Their size and light emissions could impede astronomical
observations that rely on a dark celestial environment. Their size and
light could also cause interference with the satellite control systems
that use star trackers and sun sensors for guidance and navigation.
Congress responded to the potential conflict in the use of outer
space by these competing interests by enacting Public Law 106-391,
which banned all obtrusive space advertising. Obtrusive space
advertising, as defined in 49 U.S.C. 70102, is ``advertising in outer
space that is capable of being recognized by a human being on the
surface of the Earth without the aid of a telescope or other
technological device.''
The language we proposed in the NPRM for the definition of
``obtrusive space advertising'' was the same as that contained in Sec.
70102. After reviewing the comments and the language of the statutes
the FAA is withdrawing the proposal to change Sec. 401.5 and Sec.
415.51 as proposed in the NPRM because we determined that the
regulatory prohibition is not necessary. The statutory prohibitions are
sufficient to prevent the launch of a payload containing obtrusive
space advertising.
Discussion of Comments
We received several comments on the proposal, which were
exclusively in the area of obtrusive space advertising and almost
evenly divided between two opposite positions. Comments from Kyle
Bennett, David L. Williamson, and Christopher G. Modzelewski were
generally opposed to the proposed obtrusive space advertising
prohibition. Alternatively, comments from Carla M. Beaudet, Nickolaus
E. Leggett and representatives of the American Astronomical Society
(AAS), and the International Astronomical Union (IAU) generally
supported the obtrusive space advertising prohibition. Finally,
comments from Randall Clague represented a moderate position. After
reviewing the public comments, two major areas of contention became
apparent between the opposing groups.
The first area of contention exists between commenters who believe
that obtrusive space advertising will degrade the quality of the night
sky versus those who believe the economic benefit derived from allowing
obtrusive space advertising is too great to prohibit it. Ms. Beaudet
and representatives from the AAS and IAU believe that obtrusive space
advertising will lower the quality of the night sky. Ms. Beaudet
compares obtrusive space advertising to ugly billboards along highways.
Alternatively, Mr. Bennett and Mr. Williamson believe that forms of
advertising that may be classified as obtrusive could be important
funding sources for commercial space endeavors. Mr. Bennett and Mr.
Modzelewski believe that the proposed prohibition will not stop
deployment of obtrusive space advertising but will simply drive
companies overseas to purchase launch services in countries that do not
have similar restrictions on the launch of obtrusive space advertising.
The second area of contention exists between commenters who believe
the proposed definition of ``obtrusive space advertising'' is not
encompassing enough and those who believe it is too encompassing. The
AAS and IAU believe that obtrusive space advertising will obscure
astronomical observations. In addition, the IAU seeks a more
restrictive quantitative definition. Alternatively, Mr. Modzelewski and
Mr. Williamson believe that the proposed definition is too encompassing
and fails to take into consideration certain solutions that may
mitigate the perceived ``obtrusive'' aspects of space advertising. Mr.
Clague proposes a quantitative tool that could provide a bright line
test for identifying obtrusive space advertising. His tool utilizes
three basic characteristics of light sources including, brightness,
size, and dwell time to determine a visual nuisance value.
After reviewing the comments, the FAA is withdrawing the proposal
to change Sec. 401.5 and Sec. 415.51 in the NPRM because it has
determined that the regulatory prohibition is not necessary. We believe
the statutory prohibitions are sufficient to prevent the launch of a
payload containing obtrusive space advertising.
Section 70109a(a) stops the FAA from issuing, transferring, or
waiving the launch license requirements for the launch of a payload
containing any material to be used for the purposes of obtrusive space
advertising. This statutory provision requires the FAA to follow the
intent of Congress and refrain from involvement in an attempt to
legally launch a payload containing obtrusive space advertising. If an
applicant approaches the FAA in an attempt to launch a payload
containing obtrusive space advertising, the FAA will rely on the
existing regulatory authority of 14 CFR 415.51, 415.57, and
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415.59 to review the payload. The FAA will consider factors of
brightness, size, and dwell time in making a determination. If after
considering these factors, the FAA determines that the payload contains
obtrusive space advertising, then the applicant will be notified of the
statutory prohibition as provided in 14 CFR 415.61. Section 70109a(b)
prohibits holders of a license from launching a payload containing any
material to be used for purposes of obtrusive space advertising. This
provision covers existing license holders.
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. We have determined that there
are no new information collection requirements associated with this
final rule.
Economic Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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 requires agencies to analyze the
economic impact of regulatory changes on small 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 for 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.
The final rule regarding license waivers amends 14 CFR 404.3 to
allow the FAA to waive the requirement for a license when the Associate
Administrator for Commercial Space Transportation determines that
waiving the requirement for a license is in the public interest and
will not jeopardize public health and safety, the safety of property,
or any national security or foreign policy interest of the United
States. The license waiver amendment will codify current practice and
procedures as established in the Commercial Space Act of 1998. Since
the amendment will codify current practice and procedures, there should
be no costs or benefits.
The final rule will amend 14 CFR 404.5 to allow for reconsideration
of a denial of a waiver. This change will provide due process to a
person whose petition for a waiver or exemption was denied by the FAA.
There is the potential for a cost savings if the petitioner can show
that the FAA has made a factual error or has not correctly applied
existing law to a waiver request.
The final rule regarding the delegation of signing off for
licensing matters amends 14 CFR 413.7(c) to allow corporations to
designate a duly appointed person to sign in licensing matters who is
not an officer of the corporation. Currently, only an officer
authorized to act for the corporation in licensing matters has this
signature authority. The rule will reduce the burden of licensing on
the commercial space transportation industry by allowing corporations
to delegate this authority to a person other than a corporate officer.
The rule will expedite the licensing process because if the corporate
officer were not available the delegated person could act in his or her
place. The overall impact could result in a cost savings.
The rule will change Table C-3 of Appendix C in part 420 to correct
values of the effective casualty area. An effective casualty area is
defined in 14 CFR 420.5 as the aggregate casualty area of each piece of
debris created by a launch vehicle failure at a particular point on its
trajectory. Launch site applicants seeking a license to operate a site
where guided expendable launch vehicles may be launched use these
casualty areas to calculate the expected casualty of a proposed vehicle
along a specified flight corridor. Recent analysis has shown that
expected casualty values generated by appendix C are inaccurate due to
incorrect casualty areas in Table C-3. We are replacing the lookup
table with corrected casualty areas, which in turn will produce more
reasonable expected casualty values. The new values will be, on
average, an order of magnitude lower than their original counterparts.
The rule will affect launch site operator or license applicants who
wish to use Appendix C to comply with part 420. Launch vehicle
operators will not be affected by this rule because each vehicle they
propose to launch from a site will require the use of their vehicle-
specific attributes instead of the above mentioned table values when
calculating the effective casualty area.
The rule will allow for more accurate estimates of expected
casualty calculations for the launch of a guided expendable launch
vehicle. The primary benefit from the change is that more sites will
initially qualify for a launch site operator license. Since this final
rule merely revises and clarifies FAA rulemaking procedures, the
expected outcome will have a minimal impact with possible cost savings
to the industry, and a regulatory evaluation was not prepared.
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 requirements to the scale of the business,
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 entitites, including small
business, 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
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factual basis for this determination, and the reasoning should be
clear.
This final rule amends FAA regulations governing commercial space
transportation. These changes are necessary to reflect a statutory
change, capture current practice and to correct errors in a table. The
purpose of the changes is to give the public and the regulated industry
accurate and current information. These miscellaneous changes to the
commercial space transportation regulations will have minimal cost
impact. Therefore, as the 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) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. 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 has determined that it will
have only a domestic impact and therefore no effect on any trade-
sensitive activity.
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
(adjusted annually for inflation with the base year 1995) 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 $128.1 million in lieu of $100 million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and therefore will not have federalism implications.
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 312(d) and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
List of Subjects in 14 CFR Parts 404, 413, and 420
Aviation safety, Environmental protection, Space transportation and
exploration.
The Amendment
0
For the reasons stated in the preamble, the Federal Aviation
Administration amends Chapter III of Title 14, Code of Federal
Regulations as follows:
PART 404--REGULATIONS AND LICENSING REQUIREMENTS
0
1. The authority citation for part 404 continues to read as follows:
Authority: 49 U.S.C. 70101-70121.
0
2. Revise Sec. 404.3 to read as follows:
Sec. 404.3 Filing of petitions to the Associate Administrator.
(a) Any person may petition the Associate Administrator to:
(1) Issue, amend, or repeal a regulation to eliminate as a
requirement for a license or permit any requirement of Federal law
applicable to commercial space launch and reentry activities and the
operation of launch and reentry sites;
(2) Waive any such requirement in the context of a specific
application for a license or permit; or
(3) Waive the requirement for a license.
(b) Each petition filed under this section must:
(1) Be submitted in duplicate to the:
(i) Office of Commercial Space Transportation, Federal Aviation
Administration, 800 Independence Avenue, SW., Room 331, Washington, DC
20591; or
(ii) Documentary Services Division, Attention Docket Section, Room
4107, U.S. Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590.
(2) Set forth the text or substance of the regulation or amendment
proposed, the regulation to be repealed, the licensing or permitting
requirement to be eliminated or waived, or the type of license or
permit to be waived;
(3) In the case of a petition for a waiver of a particular
licensing or permitting requirement, explain the nature and extent of
the relief sought;
(4) Contain any facts, views, and data available to the petitioner
to support the action requested; and
(5) In the case of a petition for a waiver, be submitted at least
60 days before the proposed effective date of the waiver unless good
cause for later submission is shown in the petition.
(c) A petition for rulemaking filed under this section must contain
a summary, which the Associate Administrator may cause to be published
in the Federal Register, which includes:
(1) A brief description of the general nature of the action
requested; and
(2) A brief description of the pertinent reasons presented in the
petition for instituting the rulemaking.
(d) A petition filed under this section may request, under 14 CFR
413.9, that the Department withhold certain trade secrets or
proprietary commercial or financial data from public disclosure.
0
3. Amend Sec. 404.5 by adding new paragraph (e) to read as follows:
Sec. 404.5 Action on petitions.
* * * * *
(e) Reconsideration. Any person may petition FAA to reconsider a
denial of a petition the person had filed. The petitioner must send a
request for reconsideration within 60 days after being notified of the
denial to the same address to which the original petition went. For FAA
to accept the petition, the petitioner must show the following:
(1) There is a significant additional fact and the reason it was
not included in the original petition;
(2) FAA made an important factual error in our denial of the
original petition; or
(3) The denial by the FAA is not in accordance with the applicable
law and regulations.
[[Page 51972]]
PART 413--LICENSE APPLICATION PROCEDURES
0
4. The authority citation for part 413 continues to read as follows:
Authority: 49 U.S.C. 70101-70121.
0
5. Revise Sec. 413.7(c)(1) to read as follows:
Sec. 413.7 Application.
* * * * *
(c) * * *
(1) For a corporation: An officer or other individual duly
authorized to act for the corporation in licensing matters.
* * * * *
PART 420--LICENSE TO OPERATE A LAUNCH SITE
0
6. The authority citation for part 420 continues to read as follows:
Authority: 49 U.S.C. 70101-70121.
0
7. Revise Table C-3 of Appendix C to part 420 to read as follows:
* * * * *
Appendix C to Part 420--Risk Analysis
Table C-3.--Effective Casualty Area (Miles \2\) as a Function of IIP Range (NM)
----------------------------------------------------------------------------------------------------------------
Orbital launch vehicles Suborbital
------------------------------------------------------------------------------------------------- launch
vehicles
Instantaneous impact point range Small Medium Medium large Large ---------------
(nautical miles) Guided
----------------------------------------------------------------------------------------------------------------
0-49............................ 3.14 x 10-2 1.28 x 10-1 4.71 x 10-2 8.59 x 10-2 4.3 x 10-1
50-1749......................... 2.47 x 10-2 2.98 x 10-2 9.82 x 10-3 2.45 x 10-2 1.3 x 10-1
1750-5000....................... 3.01 x 10-4 5.52 x 10-3 7.82 x 10-3 1.14 x 10-2 3.59 x 10-6
----------------------------------------------------------------------------------------------------------------
* * * * *
Issued in Washington, DC on August 16, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-7354 Filed 8-30-06; 8:45 am]
BILLING CODE 4910-13-P