[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Pages 51459-51460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21045]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Office of Commercial Space Transportation (AST); Notice of 
Availability of the Record of Decision (ROD) for the Federal Aviation 
Administration (FAA)/AST To Issue, Renew, or Modify Launch Operator 
Licenses for Launch Vehicles Covered Under the Evolved Expendable 
Launch Vehicle (EELV) Program, Which Include Atlas V and Delta IV 
Vehicles, From Cape Canaveral Air Force Station (CCAFS), Florida and 
Vandenberg Air Force Base (VAFB), California

AGENCY: Federal Aviation Administration, DOT.

ACTIONS: Notice of Availability.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) of 1969, 42 United States Code U.S.C. 4321-4347 (as amended), 
Council on Environmental Quality (CEQ) NEPA implementing regulations 
(40 Code of Federal Regulations [CFR parts 1500-1508]), and FAA Order 
1050.1E, Change 1, the FAA is announcing the availability of its ROD 
for the FAA/AST to issue, renew, or modify launch operator licenses for 
launch vehicles covered under the EELV Program from CCAFS and VAFB. The 
ROD was prepared to document FAA/AST's decision to issue, renew, or 
modify launch operator licenses for launch vehicles covered under the 
EELV Program from CCAFS and VAFB.
    The FAA participated as a cooperating agency with the U.S. Air 
Force (USAF) in the preparation of the 1998 Final Environmental Impact 
Statement for the EELV Program (1998 FEIS) and the 2000 Supplemental 
Environmental Impact Statement for the EELV Program (2000 SEIS). The 
1998 FEIS preferred alternative analyzed a maximum of 30 combined FAA/
AST-licensed launches and non-FAA/AST licensed launches of Atlas V and 
Delta IV in one year from VAFB and CCAFS, combined. The 2000 SEIS 
analyzed the environmental impacts of up to five solid-propellant 
strap-on rocket motors (SRMs) on the Atlas V medium lift vehicle and 
larger SRMs on the Delta IV vehicle. In addition, the 2000 SEIS 
considered a maximum of 33 combined

[[Page 51460]]

FAA/AST-licensed launches and non-FAA/AST licensed launches of Atlas V 
and Delta IV occurring in one year from VAFB and CCAFS, combined. The 
USAF issued RODs based on the findings of the 1998 FEIS and the 2000 
SEIS.
    In 2003, changes in USAF programs resulted in a need for SLC-3E at 
VAFB to be used for Atlas V launches rather than SLC-3W as originally 
planned. In 2003, the USAF prepared a Final Environmental Assessment 
for the Atlas V System at SLC-3E (2003 EA). The EA supplemented and 
updated the previous NEPA evaluation of implementing the Atlas V 
program as analyzed in the 1998 FEIS and 2000 SEIS. The 2003 EA 
analyzed the environmental impacts associated with the proposed action 
of modifying existing facilities and roadways and launching the Atlas V 
up to four times annually from SLC-3E at VAFB. The FAA did not 
participate as a cooperating agency with the USAF in preparation of the 
2003 EA, but has independently evaluated the information contained in 
the 2003 EA and has verified the continued validity of the analysis 
contained in the document. The FAA has therefore, adopted the 2003 EA 
and issued a Finding of No Significant Impact. The analysis from the 
2003 EA and the FAA's findings on that analysis are incorporated by 
reference in the ROD, and therefore references from the 1998 FEIS and 
2000 SEIS to SLC-3W at VAFB have been revised to read ``SLC-3E'' 
throughout the ROD.
    Under the FAA's Proposed Action, FAA/AST could issue, renew, or 
modify launch operator licenses for Atlas V and Delta IV operations at 
CCAFS and VAFB. The 1998 FEIS and 2000 SEIS analyzed the full potential 
scope of the operations that could be covered under a launch operator 
license for Atlas V and Delta IV at CCAFS and VAFB. The FAA's Proposed 
Action has been identified as the Preferred Alternative.
    Under the No Action Alternative, the FAA would not issue, renew, or 
modify launch operator licenses for Atlas V or Delta IV expendable 
launch vehicles at CCAFS and VAFB. Without a license, there could not 
be any FAA/AST-licensed commercial launches of Atlas V or Delta IV 
vehicles from CCAFS or VAFB; however, non-FAA/AST licensed or 
government launches of these vehicles could continue from both 
locations. The ROD addresses the potential environmental impacts of the 
FAA's Proposed Action and the FAA's No Action Alternative.
    In accordance with the requirements of FAA Order 1050.1E, Change 1, 
paragraph 515, the FAA has independently evaluated the information 
contained in the 1998 FEIS and 2000 SEIS and has verified the continued 
validity of the analysis contained in both documents. Through this re-
evaluation, the FAA has determined that the 1998 FEIS and 2000 SEIS 
sufficiently address the concerns of the FAA and comply with FAA 
requirements for implementing NEPA as stated in FAA Order 1050.1E, 
Change 1. The FAA has also determined that there is no new information 
or analysis that would require preparation of a new or supplemental EIS 
according to the CEQ Regulations (40 CFR 1502.9(c)(1)). The FAA is 
therefore adopting the 1998 FEIS and 2000 SEIS, and is using these 
documents to support its decision as stated in the ROD. The FAA has 
posted the ROD on the FAA Office of Commercial Space Transportation Web 
site at http://www.faa.gov/about/office_org/headquarters_offices/ast/.
    Additional Information: Under the Proposed Action, the FAA/AST 
could issue, renew, or modify launch operator licenses for Atlas V and 
Delta IV operations at CCAFS and VAFB. The 1998 FEIS and 2000 SEIS 
analyzed the full potential scope of the operations that could be 
covered under a launch operator license for Atlas V and Delta IV at 
CCAFS and VAFB. The 1998 FEIS analyzed the operation of both medium and 
heavy lift expendable, orbital ``concept vehicles'' (later known as the 
Atlas V and Delta IV families of vehicles) from CCAFS and VAFB. Delta 
IV launches would occur from Space Launch Complex-37 (SLC-37) at CCAFS 
and from SLC-6 at VAFB; the Atlas V launches would occur from SLC-41 at 
CCAFS and from SLC-3E at VAFB. Under the preferred alternative in the 
1998 FEIS, a maximum of 30 combined FAA/AST-licensed launches and non-
FAA/AST licensed launches of Atlas V and Delta IV would occur in one 
year from VAFB and CCAFS, combined. Under the No Action Alternative, 
the USAF would not proceed with the development and deployment of the 
EELV program, and Atlas IIA, Delta II, and Titan IVB launch vehicles 
would continue to be used to support space launches to meet the 
requirements of the government.
    Under the Proposed Action in the 2000 SEIS, up to five solid-
propellant strap-on rocket motors (SRMs) would be added to the Atlas V 
medium lift vehicle and larger SRMs would be used on the Delta IV 
vehicle. The Atlas V vehicle would launch from SLC-41 at CCAFS and SLC-
3E at VAFB, and the Delta IV vehicle would launch from SLC-37 at CCAFS 
and SLC-6 at VAFB. While use of SRM-assisted vehicles was considered in 
the 1998 FEIS, the 2000 SEIS considered a higher proportion of vehicles 
using SRM-assisted vehicles than the 1998 FEIS. Under the Proposed 
Action in the 2000 SEIS, a maximum of 33 combined FAA/AST-licensed 
launches and non-FAA/AST licensed launches of Atlas V and Delta IV 
would occur in one year from VAFB and CCAFS, combined. Under the No 
Action Alternative, the EELV program would continue, except that SRMs 
would not be added to the Atlas V launch vehicles and smaller SRMs 
would be used on Delta IV launch vehicles.
    The FAA has determined the analysis of impacts presented in the 
1998 FEIS and 2000 SEIS represents the best available information 
regarding the potential impacts associated with the FAA's regulatory 
responsibilities described in the ROD. The 1998 FEIS and 2000 SEIS are 
therefore incorporated by reference and summarized as necessary in the 
ROD.
    Resource areas were considered to provide a context for 
understanding and assessing the potential environmental effects of the 
FAA's Proposed Action, with attention focused on key issues. The 
resource areas considered in the ROD include air quality; biological 
resources; cultural resources; geology and soils; land use and section 
4(f) resources; noise; physical resources (Water Resources [Surface 
Water, Ground Water, Floodplains], Hazardous Materials, Pollution 
Prevention, and Solid Waste); and socioeconomics, environmental 
justice, and children's environmental health and safety. Potential 
cumulative impacts of the Proposed Action are also addressed in the 
ROD.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel A. Czelusniak, 
Environmental Program Lead, Office of Commercial Space Transportation, 
Federal Aviation Administration, 800 Independence Ave., SW., Suite 325, 
Washington, DC 20591, by e-mail at <a href="/cdn-cgi/l/email-protection#0145606f68646d2f427b646d74726f68606a416760602f666e77"><span class="__cf_email__" data-cfemail="a3e7c2cdcac6cf8de0d9c6cfd6d0cdcac2c8e3c5c2c28dc4ccd5">[email protected]</span></a> or by 
phone at (202) 267-5924.

    Issued in Washington, DC, on August 12, 2011.
Michael McElligott,
Manager, Space Transportation Development Division.
[FR Doc. 2011-21045 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-13-P


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