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‘A Very Significant Moment for Business’

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‘A Very Significant Moment for Business’

The S.E.C. voted yesterday on sweeping rule adjustments that might require public corporations to reveal climate-related dangers and greenhouse gasoline emissions. Although many already report a few of this data, no obligatory normal exists, making it exhausting for buyers to check information throughout corporations.

“There’s an effectivity that comes from standardization,” the S.E.C. chair Gary Gensler instructed reporters after the vote.

A brand new rule might take some time. The S.E.C. is taking public touch upon the proposals for 60 days, and Gensler was reluctant to offer a timeframe for remaining adoption of a rule. “We’ll take the time it takes to get it proper,” he mentioned. Gensler expects plenty of enter, judging from the flood of responses final 12 months, when the thought of obligatory disclosure was first floated. The company might have to regulate its proposal because of this. (You may learn all 500-odd pages of the proposal right here.)

Gensler rejected criticism that the S.E.C. is overreaching, and wouldn’t get right into a dialogue of potential authorized challenges. “It’s a disclosure regime inside a protracted custom of disclosure regimes,” he mentioned, noting that the company was responding to investor demand for extra data on local weather dangers. However Hester Peirce, a Republican commissioner on the company, defined her vote in opposition to the proposal by saying that it “turns the disclosure regime on its head,” telling “managers how regulators, doing the bidding of an array of non-investor stakeholders, anticipate them to run their corporations.” Lawmakers additionally waded in:

  • Consultant Patrick McHenry of North Carolina, the highest Republican on the Home monetary companies committee, mentioned he rejected the hassle to require data “that isn’t materials for many corporations.”

  • However Senator Sheldon Whitehouse, Democrat of Rhode Island, mentioned the S.E.C. didn’t go far sufficient, as a result of the proposal omits disclosures on “climate-related lobbying and influencing actions,” which he referred to as “the one most materials disclosures an organization might make to attain local weather security.”

“It is a very vital second for enterprise and stakeholders,” the previous S.E.C. chief accountant Wes Bricker, now of PwC, instructed DealBook. Many corporations have been reporting climate-related data voluntarily, he mentioned, however and not using a constant set of obligatory disclosures, there are issues about greenwashing and the completeness of knowledge. “This raises the bar for all corporations,” Bricker mentioned.

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Decide Ketanji Brown Jackson pledges to be unbiased. On the primary day of her affirmation hearings within the Senate, President Biden’s Supreme Court docket candidate mentioned she wouldn’t be beholden to ideology. Republicans attacked her report as a public defender.

Lenders seize over $2 billion in Evergrande property. Banks enforced their rights over cash held at a subsidiary of the troubled Chinese language actual property developer, after an inside assessment raised purple flags. Evergrande mentioned it might delay the discharge of its annual monetary outcomes due to ongoing audit work.

Nickel buying and selling resumes because the market begins to stabilize. Buying and selling on the London Metallic Alternate remained throughout the limits set by the market after excessive volatility led to shutdowns and false begins in latest weeks. Costs proceed to drop, which suggests the quick squeeze that shut down buying and selling is abating.

U.S. Covid vaccination charges have stalled. A few quarter of eligible adults stay unvaccinated, and half haven’t gotten a booster shot, because the loosening of pandemic restrictions eases demand for the vaccines.

The W.T.O.’s chief requires “reglobalization” to ease supply-chain crunches. Ngozi Okonjo-Iweala, the group’s director common, mentioned that bringing extra nations into worldwide manufacturing networks might deal with shortages which have pushed up costs.

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  • President Biden warned corporations to arrange for cyberattacks by Russia in retaliation for sanctions.

  • Right here’s how the Russian oligarch Roman Abramovich invested in U.S. hedge funds for years whereas obscuring the supply of the cash. In the meantime, the steelmaker Evraz, during which he owns a 28 % stake, mentioned it was blocked from making a bond fee due to British sanctions on him.

  • Agricultural giants like Cargill have refused to chop ties with Russia, citing humanitarian issues. Nestlé defended its continued presence in Russia by saying it wouldn’t revenue from operations there.

  • Right here’s the harrowing story of how the final worldwide journalists in Mariupol fled the town.

  • For up-to-the-minute information, see The Instances’s reside weblog and up to date maps.


When Archegos Capital Administration, a little-known funding agency, blew up final 12 months due to dangerous bets, it roiled shares and price banks billions. The agency had used swaps, a kind of spinoff, to cover its monumental positions, and the S.E.C. responded by proposing new guidelines to stop one thing related from occurring once more. An uncommon coalition of labor activists, professors, company regulation corporations and hedge funds are pushing again in opposition to the proposal, The Instances’s Maureen Farrell experiences.

What’s the proposed rule? Swaps are one of many methods hedge funds and different massive buyers construct up positions in corporations with out making others conscious of their curiosity. Beneath the S.E.C.’s new rule, buyers who use swaps to construct massive positions in corporations must disclose these trades inside a day of creating them. (Giant buyers who purchase inventory immediately have 10 days to reveal their positions.)

Why are individuals against it? Activist hedge funds that use swaps say earlier disclosure would enable corporations to make use of strategies to dam them from shopping for shares. Alerting the market to their transactions would drive up the value of an organization’s inventory, making it dearer to purchase a large enough stake to have affect on an organization’s technique. Labor advocates say the swaps rule would make it more durable for unions to make use of pension fund funding to push for adjustments as effectively. The S.E.C. has acquired greater than 1,200 remark letters in regards to the proposed guidelines, an indication of the depth of feeling in regards to the subject.


The Federal Reserve has a twin mandate: It should foster most job development, but additionally hold inflation low by not letting the financial system run too scorching. It’s a difficult steadiness.

A bit over a 12 months in the past, Fed chair Jay Powell appeared keen to let inflation rise for the sake of the labor market, noting that low- and middle-income staff profit most from lengthy expansions. Powell famous {that a} majority of Fed officers anticipated no rate of interest will increase for years.

“We won’t tighten financial coverage solely in response to a powerful labor market,” Powell mentioned in February final 12 months.

Quick ahead to right now, with inflation working stubbornly excessive and a surplus of job openings. Now, Powell says the Fed will contemplate erring on the aspect of elevating charges larger and sooner than anticipated to tame inflation.

“There may be an apparent want to maneuver expeditiously to return the stance of financial coverage to a extra impartial degree,” Powell mentioned yesterday, suggesting that elevating charges to “extra restrictive ranges” is likely to be obligatory if inflation doesn’t come down.

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Bond yields rose sharply on Powell’s feedback, reflecting worries in regards to the Fed’s means to engineer a so-called gentle touchdown, during which inflation is introduced below management and not using a spike in unemployment. Certainly, Powell acknowledged the problem.

“Nobody expects that bringing a couple of gentle touchdown can be simple,” he mentioned.


Rescuers are combing the hillsides in a distant a part of southern China, on the lookout for any survivors of yesterday’s crash of a airplane operated by China Japanese Airways, with greater than 130 individuals on board. The Boeing 737-800 NG quickly misplaced altitude about an hour into the flight, and it may very well be weeks and even months earlier than investigators determine what precipitated the crash.

It’s the newest upheaval for Boeing and one other take a look at for its chief govt, David Calhoun, who constructed a model as a management and disaster administration guru earlier than turning into C.E.O. of the airplane maker in early 2020, after greater than a decade as a director on its board.

The crash is one other setback for Boeing, which has confronted hassle with two of its flagship fashions: the single-aisle 737 Max and the twin-aisle 787 Dreamliner. The 737 Max was grounded worldwide for greater than a 12 months after two lethal crashes, in late 2018 and early 2019. It changed the 737-800 NG, a workhorse of the skies that accounts for almost a fifth of passenger planes in service worldwide. Manufacturing delays for the Dreamliner had been a think about Boeing’s $4.2 billion loss final quarter.

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It may very well be a blow to Boeing’s enterprise in China, the place the corporate has struggled not too long ago. Whereas the Max was cleared to fly once more within the U.S. and most different nations, China granted approval solely in early December, and its return to the skies there may very well be delayed by yesterday’s crash. Boeing delivered a couple of dozen planes to Chinese language consumers final 12 months, whereas Airbus, Boeing’s fundamental rival, delivered greater than 140.

Calhoun, a former high G.E. govt, has a popularity for disaster administration, steering a lot of corporations via robust occasions. He took over as C.E.O. of Boeing after the Max crashes, and has guided the corporate via the pandemic, which hit the corporate’s funds exhausting. Boeing’s inventory has additionally lagged that of Airbus throughout Calhoun’s tenure, however he has gotten optimistic opinions. Final 12 months, the corporate raised its obligatory retirement age from 65 to 70, in order that the then-64-year-old Calhoun might proceed as chief.

“Dave Calhoun has regularly been drafted for his management roles based mostly on his competence and character,” the Yale administration professor Jeffrey Sonnenfeld instructed DealBook.

Offers

  • Alibaba’s beleaguered share value jumped after it introduced plans to purchase again shares value $25 billion. (CNBC)

  • Swap, a knowledge heart operator with a $7 billion market worth, has employed advisers and is reportedly contemplating a sale. (Bloomberg)

  • The shortlist of bidders vying to purchase the soccer membership Chelsea F.C. after its Russian proprietor was hit with British sanctions will reportedly be minimize to 3. (Reuters)

  • A Saudi pharmacy chain’s blockbuster I.P.O. highlighted how listings within the oil-rich nation are defying gloom in different markets. (Bloomberg)

Coverage

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  • The D.C. legal professional common sued Grubhub, accusing the food-delivery service of hidden charges and misleading advertising practices. (Protocol)

  • 5 takeaways from the newest marketing campaign donation disclosures. (Politico)

  • A Black home-owner is suing Wells Fargo in federal court docket, alleging that the financial institution’s lending algorithms draw on racist historical past to disclaim refinancings for Black debtors. (NYT)

Better of the remaining

  • Locations in Singapore personal colleges are scarce as households flock from Hong Kong to keep away from pandemic restrictions. (FT)

  • “Bitcoin Miners Wish to Recast Themselves as Eco-Pleasant” (NYT)

  • Do world groups see variety and inclusion as a uniquely American downside? (HBR)

  • Why the second-largest cryptocurrency destroyed $6 billion of its provide on function. (Fortune)

  • “I Assume I Simply Solved Daylight Saving Time” (Instances Opinion)

We’d like your suggestions. Please e mail ideas and ideas to dealbook@nytimes.com.

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Beverly Hills is dragging its heels on a new building. The governor says: Build it

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Beverly Hills is dragging its heels on a new building. The governor says: Build it

California officials are turning the screws on the city of Beverly Hills, where approval of a new hotel and apartment complex is moving too slowly for state housing bosses and the governor.

The lightning rod is a planned mixed-use development near Wilshire Boulevard that has been brought forth under a state law intended to force cities to add more housing whether they like the proposals or not.

The 19-story building on Linden Drive by local developer Leo Pustilnikov would be big by Beverly Hills standards and include a 73-room hotel and restaurant on the first five floors. Plans call for the higher floors to contain 165 apartments including 33 units reserved for rental to lower-income households.

The project so far has failed to pass muster with city planning leaders, who say Pustilnikov hasn’t provided all the details about the project that the city requires to consider approval.

Pustilnikov has pioneered a novel interpretation of a state law known as the “builder’s remedy” to push cities to allow development projects at a size and scale otherwise barred under zoning rules.

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As part of their efforts to tackle California’s housing shortage and homelessness crisis, legislators recently beefed up the law, by giving developers leverage to get large proposals approved so long as they set aside a percentage for low-income residents.

Last month the state Department of Housing and Community Development backed Pustilnikov in a “notice of violation” to the city, saying it was violating state housing laws by holding up the project.

“The City Council should reverse its decision and direct city staff to process the project without further delay,” the state notice said, referring to a council vote in June to delay the approval process.

Gov. Gavin Newsom piled on in a statement, saying that the city is violating the law by “blocking” the proposal and referring to opponents of the project as NIMBYs — a highly charged acronym for “not in my backyard” that refers to homeowners who resist development projects in their neighborhoods.

“We can’t solve homelessness without addressing our housing shortage,” the governor said. “Now is a time to build more housing, not cave to the demands of NIMBYs.”

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Beverly Hills already faced pressure to approve the Linden project before the state’s letter. In June, Californians for Homeownership, a nonprofit affiliated with the California Assn. of Realtors, sued the city in Los Angeles County Superior Court for not advancing the development.

Some residents in the neighborhood south of Wilshire Boulevard are up in arms about the scale of the project that is designated to fill a parking lot at 125-129 S. Linden Drive between a five-story office building and low-rise apartment buildings.

“None of us are opposed to affordable housing,” said Kenneth A. Goldman, president of the Southwest Beverly Hills Homeowners Assn., but “you don’t have to be a NIMBY to say that’s just so far out of line.”

It would be almost four times taller than the five-story height limit the city has on its books and could threaten the neighborhood’s “quiet lifestyle,” Goldman said. The construction period would be “hell,” he added.

The city has until Sept. 20 to respond to state housing officials and indicated in a statement that the delay was due in part to Pustilnikov changing the original all-residential proposal to include the hotel. It is a switch that could offer a financial coup for the developer in a tourist-friendly city, where getting permission to build a new hotel is a tall order.

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Last year Beverly Hills voters decided to rescind the City Council’s approval of an ultra-opulent hotel called Cheval Blanc on the edge of Rodeo Drive after French luxury retailer LVMH spent millions of dollars planning the project.

Of the Linden Drive proposal, the city said in a statement, “The project has not been denied.”

“What was originally submitted as a purely residential project has now morphed into a 73-room hotel and restaurant project with 35 fewer residential units, including a reduction of 7 affordable units,” it said.

When the application is complete, the city said, a public hearing will be held, followed by Planning Commission review and potential approval by the City Council.

That process may be complicated by Pustilnikov’s stated intention to sell his interest in the Linden Drive property as part of a Chapter 11 bankruptcy proceeding involving another of his real estate projects.

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In 2018, Pustilnikov purchased a 50-acre parcel on the Redondo Beach waterfront that is the site of a defunct power plant. The property is controlled by entities owned by Pustilnikov and a business partner, Ely Dromy. Using the builder’s remedy law, the pair has advanced a massive mixed-use project for the site with 2,700 apartments as its centerpiece. In court documents, Pustilnikov estimates that the development, if completed, would be worth $600 million.

The effort has been stymied amid fights with the city of Redondo Beach, the California Coastal Commission and AES Corp., the owner of the power plant. In late 2022, AES threatened to foreclose on Pustilnikov. To stave that off, one of the entities that own the site filed for bankruptcy.

In a recent filing in the case, Pustilnikov and Dromy said they will sell the Linden property for $27.5 million to help preserve their ownership of the power plant site.

However, a representative for Pustilinkov, Adam Englander, said in a statement that is not necessarily the case.

Instead, more investors may be brought in to the Redondo Beach property and a developer with luxury hotel experience may become a partner in the Linden project, Englander said.

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“It is not anticipated,” Englander said, that the Linden project “in its current form, will be sold prior to completion.”

Pustilnkov has put forward plans to build nearly 3,500 apartment units — 700 of them dedicated as low-income — across a dozen projects in Beverly Hills, Redondo Beach, Santa Monica and West Hollywood under the builder’s remedy. The Linden project is one of seven he’s planning in Beverly Hills alone.

The builder’s remedy provides few avenues for city councils to deny the developments. But because it’s legally untested and separate state environmental laws still apply, projects are not a slam dunk. None of Pustilnikov’s proposals have been approved.

Cities are subject to the law if they do not have state-approved blueprints for future growth. Every eight years, the state requires communities to design a zoning plan accommodating specific numbers of new homes, including those set aside for low- and moderate-income families.

In the current eight-year cycle, Beverly Hills struggled to get a plan that passed muster. Elected officials and residents balked at the city’s requirement to make space for 3,104 homes, saying that doing so would unalterably change the community’s character.

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The city blew multiple deadlines and was sued by Californians for Homeownership. In December, a L.A. County Superior Court judge ruled that Beverly Hills could no longer issue any building permits — including those for pools, kitchen and bathroom remodels and other renovations — because of its failure.

The city appealed the ruling and continued to process permits in the meantime, but the decision sparked alarm among civic leaders. In May, the state approved a revised housing plan for Beverly Hills, ending the threat of the permit moratorium.

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How Self-Driving Cars Get Help From Humans Hundreds of Miles Away

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How Self-Driving Cars Get Help From Humans Hundreds of Miles Away

In places like San Francisco, Phoenix and Las Vegas, robot taxis are navigating city streets, each without a driver behind the steering wheel. Some don’t even have steering wheels:

But cars like this one in Las Vegas are sometimes guided by someone sitting here:

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This is a command center in Foster City, Calif., operated by Zoox, a self-driving car company owned by Amazon. Like other robot taxis, the company’s self-driving cars sometimes struggle to drive themselves, so they get help from human technicians sitting in a room about 500 miles away.

Inside companies like Zoox, this kind of human assistance is taken for granted. Outside such companies, few realize that autonomous vehicles are not completely autonomous.

For years, companies avoided mentioning the remote assistance provided to their self-driving cars. The illusion of complete autonomy helped to draw attention to their technology and encourage venture capitalists to invest the billions of dollars needed to build increasingly effective autonomous vehicles.

“There is a ‘Wizard of Oz’ flavor to this,” said Gary Marcus, an entrepreneur and a professor emeritus of psychology and neural science at New York University who specializes in A.I. and autonomous machines.

If a Zoox robot taxi encounters a construction zone it has not seen before, for instance, a technician in the command center will receive an alert — a short message in a small, colored window on the side of the technician’s computer screen. Then, using the computer mouse to draw a line across the screen, the technician can send the car a new route to follow around the construction zone.

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“We are not in full control of the vehicle,” said Marc Jennings, 35, a Zoox remote technician. “We are providing guidance.”

As companies like Waymo, owned by Google’s parent company, Alphabet, and Cruise, owned by General Motors, have begun to remove drivers from their cars, scrutiny of their operations has increased. After a series of high-profile accidents, they have started to acknowledge that the cars require human assistance.

While Zoox and other companies have started to reveal how humans intervene to help driverless cars, none of the companies have disclosed how many remote-assistance technicians they employ or how much it all costs. Zoox’s command center holds about three dozen people who oversee what appears to be a small number of driverless cars — two in Foster City and several more in Las Vegas — as well as a fleet of about 200 test cars that each still have a driver behind the steering wheel.

When regulators last year ordered Cruise to shut down its fleet of 400 robot taxis in San Francisco after a woman was dragged under one of its driverless vehicles, the cars were supported by about 1.5 workers per vehicle, including remote assistance staff, according to two people familiar with the company’s operations. Those workers intervened to assist the vehicles every two and a half to five miles, the people said.

The expenses associated with remote assistance are one reason robot taxis will struggle to replace traditional ride-hailing fleets operated by Uber and Lyft. Though companies like Zoox are beginning to replace drivers, they still pay people to work behind the scenes.

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“It may be cheaper just to pay a driver to sit in the car and drive it,” said Thomas W. Malone, a professor at the Massachusetts Institute of Technology Center for Collective Intelligence.

Waymo and Cruise declined to comment for this story.

While those companies use traditional cars retrofitted for self-driving, Zoox is testing a new kind of vehicle in Foster City, just south of San Francisco, and in Las Vegas, not far from the Strip.

After testing the vehicles with Zoox employees, their family members and friends, the company plans to make the service available to the public this year. But this robot taxi, like all others, will lean on human assistance.

In Foster City, the company operates what it calls a “fusion center,” where employees monitor robot taxis operating both locally and in Las Vegas, several hundred miles away. From their computer screens, these workers can track live feeds of the road from cameras installed on the cars as well as a detailed overhead view of each car and its surroundings, which is stitched together using data streaming from an array of sensors on the vehicle.

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The workers can provide verbal assistance to riders via speakers and microphones inside the cars. They can also assist a car if it encounters a scenario it cannot handle on its own.

Jason Henry for The New York Times

“These are situations that don’t necessarily fit the mold,” said Jayne Aclan, who oversees a team of Zoox technicians that provide cars with remote assistance.

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Self-driving cars can reliably handle familiar situations, like an ordinary right turn or a lane change. They are designed to brake on their own when a pedestrian runs in front of them. But they are less adept in unusual or unexpected situations. That’s why they still need the humans in the fusion center.

But even though self-driving cars have remote assistance, they still make mistakes on the road.

After reviewing the incident, Zoox indicated that its car had struggled to recognize the fire trucks because they were yellow, not red. “We continue to test and refine our driving software,” Whitney Jencks, a company spokeswoman, said.

Zoox will also continue to lean on human assistance.

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“We think that computers should be able to replicate humans and replace humans in all ways,” Dr. Malone, the M.I.T. professor, said. “It is possible that might happen. But it hasn’t yet.”

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Civilian space-walk flight Polaris Dawn set for Friday after rocket grounding

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Civilian space-walk flight Polaris Dawn set for Friday after rocket grounding

The Polaris Dawn mission that will feature the first civilian space walk is set for Friday after the Federal Aviation Administration cleared SpaceX to use the rocket that will launch the astronauts into the space.

The five-day trip led by billionaire Jared Isaacman, which has been repeatedly delayed, is scheduled to blast off from the Kennedy Space Center on Friday, with backup launch dates on Saturday and Sunday should the weather prove unfavorable or other problems arise.

The latest delay came last week, when the FAA grounded SpaceX’s fleet of Falcon 9 rockets after the first-stage booster of a Falcon 9 fell over and exploded while trying to land on a barge off the Florida coast. The FAA lifted its order on Friday, paving the way for the Polaris Dawn mission, which will use a Falcon 9 rocket.

SpaceX said that the first stage had completed 22 launches and returns before the accident. The mishap also ended a streak of 267 successful returns for the Falcon 9 program, which has sharply lower launch costs due its reusable first stage.

The Polaris Dawn mission had been scheduled to launch early last week but was first delayed due to a helium leak in a launchpad hose that pumps helium into the Falcon 9 engines. Unfavorable conditions forecast off the coast of Florida for the splashdown prompted a second delay.

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Isaacman, a fintech billionaire, is funding the space journey aboard a SpaceX Crew Dragon capsule, which typically services the International Space Station.

Accompanying him are three other crew members, including two SpaceX employees. The flight will send them to the highest Earth orbit since the Apollo program, and on the third day Isaacman and a second crew member are set to become the first civilians to walk in space.

They will be testing a new generation of form-fitting space suits that SpaceX says will be necessary to colonize the moon and Mars.

Since the mission is not docking with the space station and has limited supplies, weather conditions need to be good for both the launch and splashdown off the Florida coast.

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