46642 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

Launch Complex-46 at Cape Canaveral 

Air Force Station, Florida; Oklahoma 

Spaceport, Oklahoma; Spaceport 

America, New Mexico; and one Federal 

range, the Shuttle Landing Facility at 

John F. Kennedy Space Center, Florida. 

Subsequent environmental analyses 

that fall under the scope of the PEIS 

could tier from this document and 

incorporate the findings of the PEIS by 

reference, allowing an applicant and the 

FAA to focus on the relevant and 

unique impacts of an experimental 

permit application. Tiering and 

incorporation by reference would 

streamline the development of 

subsequent environmental analyses in 

accordance with NEPA and FAA Order 

1050.1E. 

The PEIS will not authorize the 

launch or reentry of reusable suborbital 

rockets from launch sites. Individual 

launch operators would be required to 

coordinate with site operators to gain 

access to a site. In addition, the launch 

operators would be required to apply to 

the FAA for an experimental permit, 

which would require an individual 

safety and environmental review. 

The FAA submitted the Final PEIS to 

the U.S. Environmental Protection 

Agency (EPA), and the EPA will post a 

separate notification in the Federal 

Register announcing the availability of 

the Final PEIS. The FAA will issue a 

Record of Decision no sooner than 30 

days following the EPA notice in the 

Federal Register. The Record of 

Decision will also be published in the 

Federal Register. 

The FAA has posted the Final PEIS on 

the FAA Web site at http://ast.faa.gov. 

A paper copy and a CD version of the 

Final PEIS may be viewed at the 

following locations: 

Alaska 

Chiniak Public Library, Mile 41, 

Chiniak, AK 99615. 

Kodiak Library, 319 Lower Mill Bay 

Road, Kodiak, AK 99615. 

California 

Kern County Library, 9507 California 

City Blvd., California City, CA 93505. 

Lompoc Library, 3755 Constellation 

Rd., Lompoc, CA 93436. 

Lompoc Public Library, 501 E. North 

Ave., Lompoc, CA 93436. 

Mojave Public Library, 16916–1⁄2

Highway 14, Mojave, CA 93501. 

Florida 

Merritt Island Public Library, 1195 

North Courtenay Parkway, Merritt 

Island, FL 32953. 

Titusville Public Library, 2121 S. 

Hopkins Ave., Titusville, FL 32780. 

New Mexico 

Truth or Consequences Library, 325 

Library Lane, Truth or Consequences, 

NM 87901. 

Hatch Public Library, 503 E. Hall St., 

Hatch, NM 87937. 

Oklahoma 

Clinton Public Library, 721 Frisco 

Ave., Clinton, OK 73601. 

Elk City Carnegie Library, 221 West 

Broadway, Elk City, OK 73644. 

Virginia 

Island Library, 4077 Main St., 

Chincoteague, VA 23336. 

Eastern Shore Public Library, 23610 

Front St., Accomac, VA 23301. 

Additional Information: Under the 

Proposed Action, the FAA would issue 

experimental permits for the launch and 

reentry of reusable suborbital rockets 

from both FAA-licensed and nonlicensed launch sites using the PEIS as 

the basis for determining the potential 

environmental consequences of issuing 

experimental permits. An experimental 

permit would implement the 

appropriate safety requirements as 

defined in 14 CFR Part 437. A permit 

would be valid for 1 year and would 

authorize an unlimited number of 

launches and reentries of a particular 

reusable suborbital rocket design from a 

specified site(s). A permittee could 

renew the permit by submitting a 

written application to the FAA for 

renewal at least 60 days before the 

permit expired. 

Based on the FAA’s review of past 

activities and consultations with various 

organizations in the commercial space 

industry, the FAA projected that a 

maximum of 1,000 launch and reentry 

events could occur annually at any one 

location from 2009 to 2014. The FAA 

used this estimate to develop an upper 

bound to assess the potential impacts of 

the Experimental Permit Program. In 

some cases, the maximum number of 

events analyzed in the PEIS for specific 

sites are fewer than 1,000 if the site 

cannot support all of the flight profiles 

identified in the PEIS. The estimates 

used in the PEIS are extremely 

conservative and the actual number of 

launches per year would likely be 

lower. 

The PEIS considers activities 

associated with the launch and reentry 

of reusable suborbital rockets, including 

pre-flight activities, flight profile 

(takeoff, flight, and landing), and postflight activities (vehicle safing). The 

general suborbital rocket designs 

addressed in the PEIS include vehicles 

resembling conventional aircraft—30 to 

140 feet long with unfueled weight of 

up to 9,921 pounds; vehicles resembling 

conventional rockets—6 to 33 feet long 

with unfueled weight of up to 5,500 

pounds; and vehicles that hover—up to 

20 feet in length or diameter with 

unfueled weight of up to 4,400 pounds. 

To assess potential impacts of the 

Experimental Permit Program, the PEIS 

also considers the approximate 

proportions of general reusable 

suborbital rocket flight profiles, as 

follows: (1) Horizontal takeoff (rocket or 

jet powered), flight, and horizontal 

landing (glide or jet powered); (2) 

vertical takeoff (rocket powered), flight, 

and vertical landing (rocket powered or 

parachute); and (3) rocket powered 

hovering flights (vertical takeoff and 

landing). 

The PEIS analyzes the potential 

environmental effects of permitted 

launches on the impact categories 

described in FAA Order 1050.1E, 

Change 1. The PEIS does not analyze 

environmental consequences specific to 

construction because the Proposed 

Action and No Action Alternative do 

not involve construction activities. The 

PEIS also addresses potential 

cumulative impacts of the Proposed 

Action. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Czelusniak, FAA Environmental 

Specialist, FAA Experimental Permits 

PEIS, c/o ICF International, 9300 Lee 

Highway, Fairfax, VA 22031; e-mail 

PEIS-Experimental-Permits@icfi.com; or 

fax (703) 934–3951. 

Issued in Washington, DC, on September 1, 

2009. 

Michael McElligott, 

Manager, Space Systems Development 

Division. 

[FR Doc. E9–21765 Filed 9–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket Number: MARAD–2008–0060] 

Environmental Impact Statements; 

Availability 

AGENCY: Maritime Administration, U.S. 

Department of Transportation. 

ACTION: Notice of Availability of Final 

Programmatic Environmental 

Assessment and Finding of No 

Significant Impact. 

SUMMARY: Notice is hereby given that 

the Maritime Administration, of the U.S. 

Department of Transportation (U.S. 

DOT) has made available to interested 

parties the Final Programmatic 

Environmental Assessment (PEA) and 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46643 

the Finding of No Significant Impact 

(FONSI) for the Removal of NonRetention Vessels from National Defense 

Reserve Fleet Sites for Disposal. The 

PEA and FONSI have been prepared 

pursuant to the National Environmental 

Policy Act (NEPA) (U.S.C. 4231 et seq.) 

in accordance with the Council on 

Environmental Quality (CEQ) 

regulations for implementing the 

procedural provisions of NEPA (40 CFR 

parts 1500–1508). 

The purpose of the PEA is to evaluate 

the potential environmental impacts 

from and alternatives to the Removal of 

Non-Retention Vessels from National 

Defense Reserve Fleet Sites for Disposal 

proposed by the Maritime 

Administration. The Maritime 

Administration is charged with 

disposing of obsolete ‘‘non-retention’’ 

U.S. government-owned merchant type 

vessels of 1,500 gross tons or more per 

Section 203 of the Federal Property and 

Administrative Service Act of 1949, as 

amended (40 U.S.C. 548 (2008)). Nonretention vessels are vessels that have 

been determined by the Maritime 

Administration to be of insufficient 

value for commercial or military 

operation by the Federal Government to 

merit further preservation. 46 U.S.C. 

57102 (2008). The Maritime 

Administration’s non-retention ships 

are located at three fleet anchorages: 

James River, Virginia, Beaumont, Texas, 

and Suisun Bay, California. 

The Maritime Administration is 

proposing to tow obsolete vessels from 

these three fleet anchorages either to 

one of seven Maritime Administrationqualified or provisionally qualified 

recycling facilities across the United 

States or others that may be qualified in 

the future, or to various locations (to be 

determined on a case by case basis) to 

be used as artificial reefs, or sold for 

reuse as limited by applicable law, or to 

be donated for use as memorials and 

museums, or to be used by the U.S. 

Navy in at-sea training exercises 

referred to as Sinking Exercises, or 

SINKEX, during which the Navy fires 

live munitions at the vessel to give 

trainees a better sense of the capabilities 

of Navy weaponry. Following the use of 

live fire, vessels are allowed to sink to 

the sea bottom. 

The PEA studies potential 

environmental effects associated with 

the removal and disposal of nonretention vessels. The PEA considers 

potential effects to the natural and 

manmade environments including: Air 

quality, water quality, vessel traffic, 

cultural & historic resources, wetlands, 

benthic communities, fish resources, 

threatened & endangered species, 

socioeconomic resources, human health 

& safety, and other topics associated 

with the proposed action. 

The Maritime Administration 

assessed the potential environmental 

consequences of the Proposed Action 

and the No Action alternative, and 

found no significant impact to the 

human and natural environments from 

implementation of the proposed action. 

The Maritime Administration 

announced the availability of the draft 

of this Final Programmatic 

Environmental Assessment July 2, 2008 

and made it available to the public for 

comment. Responses to comments can 

be found online at http:// 

www.regulations.gov at Docket ID 

MARAD–2008–0060. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn E. Junemann, 1200 New Jersey 

Ave., SE., Washington, DC 20590; 

phone: (202) 366–1920; fax: (202) 5904; 

or e-mail: Carolyn.junemann@dot.gov. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339 to contact the 

above individuals during business 

hours. The FIRS is available twenty-four 

hours a day, seven days a week, to leave 

a message or question with the above 

individuals. You will receive a reply 

during normal business hours. 

A copy of the Final Programmatic EA 

and Finding of No Significant Impact 

can be obtained or viewed online at 

http://www.regulations.gov. The files 

are in a portable document format (pdf); 

in order to review or print the 

document, users need to obtain a free 

copy of Acrobat Reader. The Acrobat 

Reader can be obtained from http:// 

www.adobe.com/prodindex/acrobat/ 

readstep.html. 

Copies of the Final PEA and FONSI 

will also be available during normal 

business hours at the following 

locations: Beaumont Public Library, 801 

Pearl St., Beaumont, TX 77701; Surry 

Public Library, 11640 Rolfe Hwy., Surry, 

VA 23882; Virgil I. Grissom Public 

Library, 366 DeShazor Dr., Newport 

News, VA 23608; and, Benicia Public 

Library, 150 E. L St., Benicia, CA 94510. 

SUPPLEMENTARY INFORMATION: The 

mission of the Maritime Administration 

is to strengthen the U.S. maritime 

transportation system, including 

infrastructure, industry, and labor, to 

meet the economic and security needs 

of the United States, and to promote the 

development and maintenance of an 

adequate, well-balanced U.S. merchant 

marine, sufficient to carry the nation’s 

domestic waterborne commerce and a 

substantial portion of its waterborne 

foreign commerce, and capable of 

service as a naval and military auxiliary 

in time of war or national emergency. 

The Maritime Administration also seeks 

to ensure that the United States 

maintains adequate shipbuilding and 

repair services, efficient ports, effective 

intermodal water and land 

transportation systems, and reserve 

shipping capacity for use in time of 

national emergency. 

The Maritime Administration is 

charged with disposing of obsolete 

‘‘non-retention’’ U.S. governmentowned merchant type vessels of 1,500 

gross tons or more per Section 203 of 

the Federal Property and Administrative 

Services Act of 1949, as amended (40 

U.S.C. 548 (2008)). Non-retention 

vessels are vessels that have been 

determined by the Maritime 

Administration to be of insufficient 

value for commercial or military 

operation by the Federal Government to 

merit further preservation by the 

Federal Government. 46 U.S.C. 57102 

(2008). The Maritime Administration’s 

non-retention ships are located at fleet 

anchorages in the James River, Virginia, 

Beaumont, Texas, and Suisun Bay, 

California. 

The majority of non-retention NDRF 

vessels are systematically being 

recycled. However, some vessels have 

been loaned to other Government 

agencies, sold for reuse in accordance 

with applicable law, used as artificial 

reefs, used as museums, and used for 

military and civilian training. All of the 

vessels to be removed are obsolete nonretention vessels that Congress has 

directed the Maritime Administration to 

dispose of under the Merchant Marine 

Act of 1936, as amended. 

The Maritime Administration 

continues to consider domestic 

dismantling (recycling) as the 

predominant means of vessel disposal, 

but continually evaluates alternative 

means of disposal such as artificial 

reefing, sale for reuse, deep-water 

sinking through the Navy’s SINKEX 

Program, and donations to historic 

organizations when possible. 

Domestic recyclers of obsolete NDRF 

vessels are required to follow all 

Federal, State, and local laws and 

regulations governing worker safety and 

environmental protection. Specific 

authority to pay for recycling provided 

in the Department of Defense 

Appropriations Act for Fiscal Year 2001 

(Pub. L. 106–259 section 8136), was 

enacted on August 9, 2000 and included 

a budget for the accelerated recycling of 

those vessels in the ‘‘worst condition.’’ 

All other alternatives for disposal are 

required to be in accordance with 

Federal, State, and local laws and 

regulations. 


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46644 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

Selection of recycling facilities was 

included in the 2000 Congressional 

amendments to section 6(c)(1) of the 

National Maritime Heritage Act 

(NMHA), which directed the Maritime 

Administration to dispose of all obsolete 

vessels ‘‘in the manner that provides the 

best value to the Government’’ (Pub. L. 

106–398, section 3502(a)). In addition, it 

provided subsection (b) Selection of 

Scrapping Facilities, which stated that: 

The Secretary of Transportation may 

recycle obsolete vessels pursuant to Section 

6(c)(1) of the NMHA of 1994 [16 United 

States Code (U.S.C.) 5405(c)(1)] through 

qualified dismantlement facilities, using the 

most expeditious recycling methodology and 

location practicable. Dismantlement facilities 

shall be selected under that section on a best 

value basis consistent with the Federal 

Acquisition Regulation (FAR), as in effect on 

the date of the enactment of this Act * * * 

taking into consideration, among other 

things, the ability of facilities to dismantle 

vessels: (1) At least cost to the Government, 

(2) in a timely manner, (3) giving 

consideration to worker safety and the 

environment, and (4) in a manner that 

minimizes the geographic distance that a 

vessel must be towed when towing a vessel 

poses a serious threat to the environment 

(Pub. L. 106–398, section 3502(b), 114 Stat. 

1654a–490 (2000)). 

An electronic version of this 

document and all documents entered 

into this docket are available at http:// 

www.regulations.gov at Docket ID 

MARAD–2008–0060. 

Dated: September 2, 2009. 

By Order of the Maritime Administrator. 

Murray Bloom, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–21814 Filed 9–9–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Property at the Upper 

Cumberland Regional Airport, Sparta, 

TN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for public comment. 

SUMMARY: The Federal Aviation 

Administration is requesting public 

comment on the release of land at the 

Upper Cumberland Regional Airport, 

Sparta, TN. 

This property, approximately 3.48 

acres, will change to a non-aeronautical 

use. This action is taken under the 

provisions of Section 125 of the 

Wendell H. Ford Aviation Investment 

Reform Act for the 21st Century (AIR 

21). 

DATES: Comments must be received on 

or before October 13, 2009. 

ADDRESSES: Documents are available for 

review at the Tennessee Department of 

Transportation, Division of Aeronautics, 

424 Knapp Blvd, Bldg 4219, Nashville, 

TN 37217 and the FAA Airports District 

Office, 2862 Business Park Drive, 

Building G, Memphis, TN 38118. 

Written comments on the Sponsor’s 

request must be delivered or mailed to: 

Mr. Phillip J. Braden, Manager, 

Memphis Airports District Office, 2862 

Business Park Drive, Building G, 

Memphis, TN 38118. In addition, a copy 

of any comments submitted to the FAA 

must be mailed or delivered to Mr. Bob 

Woods, Director, TDOT, Division of 

Aeronautics, P.O. Box 17326, Nashville, 

TN 37217. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Thompson, Program Manager, 

Federal Aviation Administration, 

Memphis Airports District Office, 2862 

Business Park Drive, Building G, 

Memphis, TN 38118. The application 

may be reviewed in person at this same 

location, by appointment. 

SUPPLEMENTARY INFORMATION: The FAA 

proposes to rule and invites public 

comment on the request to release 

property at the Upper Cumberland 

Regional Airport, Sparta, TN. Under the 

provisions of AIR 21(49 U.S.C. 

47107(h)(2)). 

On August 21, 2009, the FAA 

determined that the request to release 

property at Upper Cumberland Regional 

Airport, submitted by the airport board, 

meets the procedural requirements of 

the Federal Aviation Administration. 

The FAA may approve the request, in 

whole or in part, no later than October 

13, 2009. 

The following is a brief overview of 

the request: 

The Upper Cumberland Regional 

Airport Board, owner of the Upper 

Cumberland Regional Airport, is 

proposing the release of approximately 

3.48 acres of airport property to the 

County of White, Tennessee so the 

property can be used to accommodate 

the construction of an Industrial Park 

access road along the eastern airport 

property line. 

Any person may inspect, by 

appointment, the request in person at 

the FAA office listed above under FOR

FURTHER INFORMATION CONTACT. 

In addition, any person may, upon 

appointment and request, inspect the 

request, notice and other documents 

germane to the request in person at the 

Tennessee Department of 

Transportation, Division of Aeronautics. 

Issued in Memphis, TN on August 24, 

2009. 

Tommy L. Dupree, 

Acting Manager, Memphis Airports District 

Office, Southern Region. 

[FR Doc. E9–21704 Filed 9–9–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2007–28444 (PDA– 

32(R))] 

Maine Department of Environmental 

Protection Requirements on 

Transportation of Cathode Ray Tubes 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of administrative 

determination of preemption. 

Local Laws Affected: Title 06–096, 

Maine Code of Regulations (MCR) 

Chapters 850, 851, 853 & 857 (For 

convenience, provisions in Title 06–096 

MCR are referred to herein simply by 

the Chapter and section number, e.g., 

‘‘MCR 850 section 3(A)’’). 

Applicable Federal Requirements: 

Federal hazardous material 

transportation law, 49 U.S.C. 5101 et 

seq., and the Hazardous Materials 

Regulations (HMR), 49 CFR parts 171– 

180. Resource Conservation and 

Recovery Act (RCRA), 42 U.S.C. 6901 et 

seq., and 40 CFR Chapter I, subchapter 

I (Solid Wastes). 

Modes Affected: Highway. 

SUMMARY: Federal hazardous material 

transportation law does not preempt 

MDEP’s regulations on classification of 

used cathode ray tubes (‘‘CRTs’’) as 

‘‘universal waste’’ and broken CRTs and 

glass removed from CRTs (‘‘CRT glass’’) 

as a State ‘‘hazardous waste’’ and the 

marking, labeling, shipping 

documentation, and transporter 

requirements, because these 

requirements do not apply or pertain to 

materials regulated under Federal 

hazardous materials transportation law 

and the HMR or otherwise constitute an 

obstacle to accomplishing and carrying 

out Federal hazardous materials 

transportation law and the regulations 

issued under that law. 

FOR FURTHER INFORMATION CONTACT: 

Frazer C. Hilder, Office of Chief 

Counsel, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001 (Tel. No. 202–366– 

4400). 


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