[Federal Register Volume 65, Number 78 (Friday, April 21, 2000)]
[Notices]
[Pages 21495-21498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9830]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Proposed Finding of No Significant Impact

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed Finding of No Significant Impact.

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SUMMARY: The FAA prepared an Environmental Assessment (EA) evaluating 
Kistler Aerospace Corporation's proposal to construct and operate 
commercial launch and reentry/recovery facilities at the Nevada Test 
Site (NTS) on land withdrawn from the public domain for use by the U.S. 
Department of Energy (DOE). After reviewing and analyzing currently 
available data and information on existing conditions, project impacts, 
and measures to mitigate those impacts, the Federal Aviation 
Administration (FAA), office of the Associate Administrator for 
Commercial Space Transportation (AST) proposes to determine that 
licensing of

[[Page 21496]]

the proposed launch and reentry activities are not a major Federal 
action that would significantly affect the quality of the human 
environment within the meaning of the National Environmental Policy Act 
(NEPA) of 1969. Therefore, the preparation of an Environmental Impact 
Statement (EIS) would not be required and AST is proposing to issue a 
Finding of No Significant Impact (FONSI).
    For a copy of the Environmental Assessment or to provide comments 
regarding Kistler Aerospace Corporation launch/reentry operations 
contact: Mr. Nikos Himaras, Office of the Associate Administrator for 
Commercial Space Transportation, Space Systems Development Division, 
Suite 331/AST-100, 800 Independence Avenue, SW, Washington, D.C. 20591; 
phone (202) 267-7926; or refer to the following Internet address: 
http://ast.faa.gov.

DATES: There will be a thirty (30) day comment period before the FAA 
makes its final determination on the proposed FONSI. Interested 
individuals, Government agencies, and private organizations are invited 
to send comments on the proposed FONSI and/or the Environmental 
Assessment to the address set forth above by May 22, 2000 by mail.
    In addition, a public meeting will be held to record verbal 
comments made by members of the public on May 2, 2000 in Las Vegas, 
Nevada. Comments received at this meeting will be responded to in a 
Comment Response document to be produced by the FAA. Additional 
information about this meeting is available at the following Internet 
address: http://ast.faa.gov.

Proposed Action

    Kistler Aerospace Corporation (Kistler) proposes to conduct 
commercial launch and reentry/recovery operations at the Nevada Test 
Site (NTS). The operations would include pre-flight activities, launch/
flight operations, and reentry/recovery operations. Kistler proposes to 
construct a base of operations consisting of a private launch site 
(including a vehicle processing facility) for its exclusive use, a 
payload processing facility, and a vehicle landing and recovery area. 
Upon receipt of a completed license application, AST must determine 
whether or not to issue a license to Kistler authorizing launch and 
reentry operations involving the K-1 vehicle. Licensing launch of a 
launch vehicle and reentry of a reentry vehicle are Federal actions 
requiring environmental analysis by the FAA in accordance with NEPA. 
The proposed action is the licensing by FAA of a maximum of 52 launches 
and reentries per year.
    Kistler intends to use a fleet of five K-1 vehicles at a maximum 
flight rate of 52 launches per year, once the system is fully 
operational, to deploy payloads into low earth orbit. The K-1 vehicle 
is a two-stage (i.e., Launch Assist Platform (LAP) and Orbital Vehicle 
(OV)) fully reusable launch vehicle. Liquid oxygen (LOX) and kerosene 
(RP-1) fuel both stages, with the LAP using start cartridges containing 
a small amount of solid propellant to initiate the fuel flow. The K-1 
is designed to require less pre-flight and post-flight processing and 
to minimize electronic, hydraulic, and fuel line connections/
disconnections between flights.
    The Kistler facilities would be sited within the NTS, an area that 
is removed from public use. The NTS is primarily an industrial area 
that previously hosted extensive nuclear tests. The Nevada Test and 
Training Range (also known as the Nellis Air Force Range) and the 
Nellis Air Force Base borders the NTS. Both of these are sites of 
frequent military aircraft training flights. Therefore, the NTS and 
surrounding communities are accustomed to land use for flight testing 
purposes. The use of the NTS by Kistler for the purpose of launching 
and reentering commercial launch vehicles is consistent with community 
planning activities in the areas around the NTS.
    The FAA and Department of Energy (DOE) are directly involved in the 
proposed action. The FAA is the lead federal agency for the NEPA 
process and is responsible for licensing and regulating Kistler's 
launch and reentry operations under 49 U.S.C. subtitle IX, ch. 701. DOE 
is a cooperating agency for the NEPA process and will provide land and 
certain infrastructure to the Nevada Test Site Development Corporation 
(NTSDC) which in turn created a subpermit for Kistler. The DOE prepared 
a Final Environmental Impact Statement for the Nevada Test Site and 
Off-Site Locations in the State of Nevada August 1996 (NTS EIS). The 
DOE issued a Record of Decision (ROD) on December 9, 1996, in which it 
decided to implement a combination of alternatives including expanded 
use, no action, and alternative uses i.e., non-defense and private 
endeavors, for the NTS. It specifically identified Kistler as an 
example of a potential private use at the NTS. In accordance with 
Council on Environmental Quality (CEQ) regulations, this EA 
incorporates by reference the Programmatic Environmental Assessment for 
Commercial Expendable Launch Vehicles (PEA ELV) (AST 1986), the Final 
Programmatic Environmental Impact Statement for Commercial Reentry 
Vehicles (PEIS Reentry Vehicles) (AST 1992), and the NTS EIS (DOE 
1996).

Environmental Impacts

Air Quality

    Air emissions would result from the construction activities, 
launch, flight, and reentry operations. Fugitive dust, particulate 
matter, and engine exhaust concentrations created during construction 
activities are estimated to be less than federal or state standards. 
Maximum concentrations of PM<INF>10</INF> averaged over 24 hours should 
not exceed 135 micrograms/cubic meter, which is below the national and 
Nevada State standard of 150 micrograms/cubic meter. This maximum 
concentration would occur in a controlled area and thus would not pose 
hazards to the public or to on-site personnel. Carbon monoxide (CO), 
sulfur dioxide (SO<INF>2</INF>), and nitrogen dioxide (NO<INF>2</INF>) 
emissions from vehicle and equipment exhaust during construction were 
all estimated to be much less than federal or state standards and 
therefore would pose little to no impact on the environment.
    Emissions from the K-1 launch vehicle would include those from the 
start cartridges (i.e., CO and hydrogen chloride [HCl]) and those from 
the K-1 engines during the launch (primarily CO<INF>2</INF>, 
H<INF>2</INF>O and CO). The 2.14 kilograms (kg) of HCl produced during 
one launch would be dispersed over a large area and would have little 
impact on air quality. CO emissions include about 3 kg from start 
cartridges, 8,179 kg from liftoff through the first 500 meters of the 
atmosphere, and 35,124 kg in the troposphere (500 meters to 20 
kilometers). These estimated emissions from the K-1 were compared to 
those of the Titan IIIE/Centaur. Titan IIIE/Centaur emissions are well 
documented. The K-1 CO emissions are estimated to be less than 50 
percent of the Titan IIIE/Centaur. CO emissions are also expected to be 
much less than the 6 parts per million (ppm) Nevada standard for sites 
above 1,524 meters and less than the national standard of 9 ppm. Thus, 
CO emissions are not expected to adversely affect air quality.
    In the upper atmosphere beginning at about 20 kilometers, 
H<INF>2</INF>O and CO<INF>2</INF> may be considered potential 
pollutants due to their low natural concentration and possible 
influence on the Earth's heat balance. Upper atmospheric emissions of 
the Kistler vehicle were compared to those of the Titan IIIE/Centaur. 
K-1 CO<INF>2</INF> emissions are greater than those of the Titan IIIE/
Centaur are. H<INF>2</INF>O emissions are less than the Titan IIIE/
Centaur.

[[Page 21497]]

Although the K-1 emits more CO<INF>2</INF> than the Titan IIIE/Centaur, 
emissions are still less than those expected to produce detectable 
changes in the upper atmosphere. The PEA ELV states that launch 
emissions of H<INF>2</INF>O and CO<INF>2</INF> for the Titan IIIE/
Centaur vehicle appear to be considerably lower than those expected to 
cause significant impacts in the upper atmosphere. Based on the 
comparison of emissions with the Titan IIIE/Centaur, Kistler launches 
are not expected to significantly impact the upper atmosphere. Landing 
and recovery operations and general maintenance of the vehicle 
processing facility and launch/reentry site are expected to generate 
negligible emissions in comparison to construction, pre-flight, launch, 
and recovery activities. Impacts to air quality from the proposed 
activities are expected to be insignificant.

Noise

    Noise impacts would occur during construction, launch of the 
vehicle, and vehicle reentry. Construction activities and traffic noise 
would temporarily increase the ambient noise levels. Workers would wear 
protective hearing equipment in accordance with Occupational Safety and 
Health Administration (OSHA) regulations. The general public would not 
be in the immediate vicinity of the construction site. The closest 
public access is more than 32 km from the vehicle processing facility 
and launch site and more than 24 km from the landing and recovery area. 
Maximum predicted construction noise levels at 24 km would be less than 
40 dBA, which would be undetectable with normal daytime ambient noise 
levels. Therefore, adverse impacts to the general public and 
construction workers as a result of construction noise are not 
expected.
    Noise impacts during launch of operational flights consist of the 
reusable launch vehicle's engine noise. Predicted noise levels are well 
within occupational operating parameters for facility work (i.e., only 
during the first 18 seconds after the launch would workers in the 
vehicle processing facility need hearing protection with predictions of 
106 dBA). Noise levels at the closest public access (about 32 km) are 
estimated to be below 77 dBA. Off-site locations would experience no 
significant launch noise impacts.
    Sonic booms would be generated during the vehicle ascent and the 
reentry stages descent to the landing and recovery area. Sonic boom 
levels generated outside NTS boundaries would resemble distant thunder 
or fireworks and have no significant impact on surrounding communities.

Socioeconomic and Environmental Justice

    The proposed action is expected to create an average of 85 direct 
full-time jobs and 28 direct part-time jobs during construction and 90 
direct full-time and 28 direct part-time jobs during normal operation. 
Of the total projected increase in workers, the majority is expected to 
live in the Las Vegas, Clark County area. Positive impacts to the local 
economy are expected as a result of the proposed action. In addition, 
no disproportionate effects on economically disadvantaged or minority 
groups are anticipated as a result of the proposed action.

Visual Resources

    Visual resources are analyzed with respect to intensity and 
context. Kistler actions are classified as either ``not noticeable'' or 
``visually subordinate.'' The nearest vantage point is the main 
highway, U.S. 95, more than 45 km from Kistler facilities. Several 
ridges of hills obscure the view from this route. Kistler activities 
would not be visible to the general public. Thus, there are no expected 
impacts to visual resources.

Biological Resources

Vegetation
    Construction of the proposed Kistler facilities would result in 
surface clearing of vegetation from an area totaling 671 acres. The 
loss of vegetation, as a result of clearing, would represent 
approximately 0.008 percent of the total Artemesia Type vegetation on 
the NTS. Therefore, loss is not expected to adversely affect local or 
regional diversity of plants and plant communities.
    Areas for ground based operations at the payload processing 
facility (8 acres) and launch site (14 acres) would be cleared as part 
of construction activities. Buildings or pavement would cover both 
operational areas. The reentry, landing, and recovery area would be 
impacted but would be permitted to re-vegetate naturally with 
herbaceous vegetation.
    Launch emissions may damage or destroy vegetation due to high 
temperature exhaust and small amounts of corrosive HCl exhaust gas. 
Deposition of greater than 1.0 gram per square meter of HCl is 
necessary to cause vegetative damage; the K-1 launch vehicle would 
deposit about 0.009 grams per square meter over an area of 0.26 square 
kilometers. Therefore, adverse impacts to vegetation from HCl 
deposition are expected to be negligible.
Wildlife
    Potential impacts to wildlife from construction activities would 
result in a permanent loss of available habitat and possible 
degradation of adjacent habitats due to an increase in noise and human 
activity. The habitat loss is not expected to adversely affect the 
local or regional diversity of animal species or populations.
    Day-to-day operations would not extend beyond the developed areas 
and would not be expected to cause a disturbance to animals inhabiting 
the adjacent areas. Although the Kistler facilities would be located 
outside the known habitat of the desert tortoise, the desert tortoise 
does exist on the NTS. The desert tortoise is listed as threatened by 
the U.S. Fish and Wildlife Service. Kistler employees would receive 
desert tortoise protective training as mandated for all NTS employees.
    Noise generated by vehicle launches inside the NTS, including sonic 
booms, could cause a startle response and temporary hearing impairment 
to birds and mammals. These impacts are not expected to affect the 
viability or diversity of the wildlife population at the site. Wildlife 
is not expected to be adversely affected by Kistler launch/reentry 
activities.

Water Resources

    Residues from processing and launch operations would be eliminated 
using existing drainage systems. Evaporation exceeds precipitation in 
the area, so there would be little downward migration of residue 
contaminants into groundwater. Spills of fuel or other materials used 
on-site during daily operations would be contained and cleaned up and 
any residue properly disposed. Therefore, no adverse impacts to surface 
and groundwater are expected from the proposed launch/reentry 
operations.

Geology and Soils

    Kistler facilities would be constructed on the ground surface or 
near the surface. Channels and berms would be constructed to minimize 
soil erosion. Operation of the launch facilities is not expected to 
affect subsurface geological media. Surface soils may show a slight 
increase in pH, augmenting nutrient uptake by vegetation. Thus, geology 
and soils are not expected to be adversely impacted.

Cultural and Native American Resources

    A cultural resources reconnaissance of the proposed vehicle 
processing facility did not identify historic

[[Page 21498]]

properties; however, a reconnaissance of the proposed launch site and 
reentry, landing and recovery site identified two potential historic 
properties. The first site is a previously recorded historic property 
that has been the subject of two previous data recovery efforts by the 
DOE. The second site was previously undiscovered. A data recovery plan 
to avoid adverse impacts to the previously undiscovered site was 
approved by the Nevada State Historic Preservation Office (SHPO) and 
the Advisory Council on Historic Preservation (ACHP). It was also 
determined that additional data recovery efforts on the previously 
discovered site would not yield new significant information (Nevada 
State SHPO September 23, 1997) (ACHP October 1, 1997).
    To ensure that Native American concerns are considered and data 
recovery is conducted in a culturally sensitive manner, representatives 
of the Owens Valley Paiutes, Western Shoshones, and Southern Paiutes 
participated in the data recovery. The Rapid Cultural Assessment Team 
conducted an assessment and recommended measures to mitigate impacts to 
traditional cultural properties. Activities would be conducted in 
accordance with Section 106 of the National Historic Preservation Act 
of 1966.

Transportation

    Additional on-site and off-site traffic generated by the Kistler 
proposed activities is expected to be minimal. Existing roads would 
accommodate additional traffic. The closing of two paved roads on NTS 
during launch and reentry activities for approximately one-hour per 
launch would be a temporary disruption.

Health and Safety

    Worker health and safety issues arise primarily from accidents 
during construction, decontamination, decommissioning, and maintenance 
activities as well as from explosions, fires, or spills. Generally the 
impact would be limited to workers within the vicinity of the accident. 
For hazardous operations, workers would be removed to safe distances in 
case of a catastrophic event.
    The health and safety of the general public would not be affected 
due to the remote location of the NTS. The potential to affect the 
public would be limited to actual in-flight emergencies. The flight 
ascent profile is designed to minimize risk to the public. Current 
Health and Safety programs at the NTS enhance Kistler's ability to 
respond to an on-site emergency. Accident scenarios would be detailed 
and evaluated in the Safety Review conducted by the FAA as part of its 
licensing and regulatory program.
    At no time does the launch vehicle enter airspace controlled by the 
FAA for general and commercial aviation. Most proposed Kistler flights 
stay within NTS airspace; however, certain launch trajectories require 
flight outside restricted airspace and above FAA controlled airspace. 
On these missions, vehicle altitude remains greater than 45,720 meters 
(150,000 feet) in airspace not used by general or commercial aviation.
    Kistler launch and reentry/recovery facilities would be located 
within the NTS and adjacent to the Nevada Test and Training Range. The 
nearest air traffic route used by civil aviation during a launch would 
be Jet Route 80-58 (J80-58), between Wilson Creek and Tonopah, Nevada. 
Upon reentry, the nearest air traffic route is J92 between Beatty and 
Boulder City, Nevada. Because of altitude separation distances, the 
nearest civil air traffic route structure would not be affected and no 
significant impacts are expected. Therefore, no adverse impacts to 
worker, public, or civil aviation health and safety are expected.

Cumulative Impacts

    The proposed action has been evaluated for cumulative impacts on 
air quality, noise, socioeconomic, biological resources, cultural and 
Native American resources, transportation, and health and safety. The 
NTS EIS assessed foreseeable future actions, including the proposed 
Kistler activities. The NTS EIS concluded that no cumulative effects 
are expected as a result of the proposed Kistler facilities and 
operations.

No Action Alternative

    Under the No Action Alternative, the FAA would issue a license for 
Kistler to conduct launch operations. The General Use Permit between 
DOE and the NTSDC would continue to exist but the subpermit between the 
NTSDC and Kistler would be void. Predicted environmental impacts of the 
proposed launch and reentry activities would not occur and the project 
area would remain in its current state.

Determination

    An analysis of the proposed action has concluded that there are no 
significant short-term or long-term effects to the environment or 
surrounding populations. After careful and thorough consideration of 
the facts contained herein, the undersigned finds that the proposed 
Federal action is consistent with existing national environmental 
policies and objectives as set forth in Section 101(a) of NEPA and that 
it will not significantly affect the quality of the human environment 
or otherwise include any condition requiring consultation pursuant to 
Section 102 (2) (C) of NEPA. Therefore, an Environmental Impact 
Statement for the proposed action would not be required.

    Issued in Washington, DC on April 13, 2000.
Patricia G. Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 00-9830 Filed 4-20-00; 8:45 am]
BILLING CODE 4910-13-P