[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54656-54659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Office of Commercial Space Transportation; Finding of No 
Significant Impact

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

ACTIONS: Finding of No Significant Impact.

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SUMMARY: The Federal Aviation Administration (FAA), in cooperation with 
the United States Air Force (USAF), prepared an Environmental 
Assessment (EA) to evaluate Space Florida's proposal to operate a 
commercial launch site at Launch Complex 46 (LC-46) at Cape Canaveral 
Air Force Station (CCAFS) in Florida. The EA evaluated the potential 
environmental impacts associated with the Proposed Action and 
alternatives regarding the issuance of a Launch Site Operator License 
to Space Florida for LC-46 at CCAFS. After reviewing and analyzing 
currently available data and information on existing conditions and 
project impacts, the FAA has determined that issuing a Launch Site 
Operator License to Space Florida for the operation of a commercial 
launch site at LC-46 would not significantly impact the quality of the 
human environment within the meaning of the National Environmental 
Policy Act. Therefore, the preparation of an Environmental Impact 
Statement is not required, and the FAA is issuing a Finding of No 
Significant Impact. The FAA made this determination in accordance with 
all applicable environmental laws.
    For a Copy of the Environmental Assessment: Visit the following 
Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ast/licenses_permits/launch_site/environmental/ or contact 
Ms. Stacey M. Zee, FAA Environmental Specialist, 800 Independence 
Avenue, SW., Room 331, Washington, DC 20591. You may also send e-mail 
requests to <a href="/cdn-cgi/l/email-protection#7526011416100c5b2f1010351314145b121a03"><span class="__cf_email__" data-cfemail="6734130604021e493d02022701060649000811">[email protected]</span></a> or via telephone to (202) 267-9305.
    Purpose and Need: The purpose of the FAA's action in issuing the 
Launch Site Operator License is to ensure compliance with international 
obligations of the United States and to protect the public health and 
safety, safety of property, and national security and foreign policy 
interest of the United States during commercial launch or reentry 
activities; to encourage, facilitate, and promote commercial

[[Page 54657]]

space launches and re-entries by the private sector; and to facilitate 
the strengthening and expansion of the United States space 
transportation infrastructure, in accordance with the requirements of 
the Commercial Space Launch Amendments Act of 2004, the Commercial 
Space Transportation Act of 2000, Executive Order (EO) 12465, 14 Code 
of Federal Regulations (CFR) Parts 400-450, the National Space 
Transportation Policy, and the National Space Policy.
    The Proposed Action is needed to meet the demand for lower cost 
access to space. Less expensive space launch capability is necessary to 
support rising industries, such as more cost-effective commercial, 
governmental, and scientific satellite launches. Given the 
infrastructure and development costs associated with constructing 
launch facilities, the Federal government has been the owner/operator 
or has leased/sold unused or excess infrastructure and provided 
expertise to commercial launch operators for the majority of commercial 
launches. The Secretary of Transportation has assigned the FAA Office 
of Commercial Space Transportation responsibility, under the Commercial 
Space Launch Amendment Acts and EO 12465, for oversight of commercial 
space launch activities, including licensing of launch and reentry 
sites.
    Proposed Action: Under the Proposed Action, the FAA would issue a 
Launch Site Operator License for LC-46 to Space Florida. LC-46 is owned 
by the USAF's 45th Space Wing. Space Florida and the 45th Space Wing 
have a Memorandum of Agreement and Joint Operating Procedures, which 
allow Space Florida to conduct launch activities at the site. A Launch 
Site Operator License, which is valid for five years, would allow Space 
Florida to offer the site for launches of solid- and liquid-propellant 
launch vehicles. Potential commercial launch vehicle operators would be 
required to obtain a Launch License from the FAA to conduct launch 
operations at LC-46 on CCAFS.
    Under the Proposed Action, Space Florida would offer the launch 
site to launch operators for several types of vertical launch vehicles, 
including Athena-1 and Athena-2, Minotaur, Taurus, Falcon 1, Alliant 
Techsystems small launch vehicles and launches of other Castor[supreg] 
120-based or Minuteman-derivative booster vehicles. Space Florida 
proposes to support a maximum of 24 annual launches, including 12 solid 
propellant launches and 12 liquid propellant launches. The proposed 
launch vehicles and their payloads would be launched into low earth 
orbit or geostationary orbit. All vehicles are expected to carry 
payloads, including satellites.
    The Proposed Action does not include any construction or 
modification to the site. Launches would be conducted using existing 
infrastructure. Periodic maintenance, such as mowing or repairs, would 
occur on the site to ensure launch safety. To ensure the safety of all 
launch activities, the site would require minor repairs.
    Alternatives Considered: Alternatives analyzed in the EA include 
(1) the Proposed Action and (2) the No Action Alternative. Under the No 
Action Alternative, the FAA would not issue the Launch Site Operator 
License to Space Florida. Launch operators may be able to conduct 
launch activities at LC-46; however, operations would be controlled by 
the 45th Space Wing of the USAF. Other activities, such as military 
exercises at CCAFS would not be impacted.

Environmental Impacts

Air Quality

    Emissions of any criteria pollutants associated with the Proposed 
Action would be well below Federal de minimis levels and would not be 
expected to cause exceedances of the National Ambient Air Quality 
Standards or Florida Ambient Air Quality Standards. Emissions of carbon 
dioxide (CO<INF>2</INF>) to the stratosphere under the Proposed Action 
would be negligible in comparison with U.S. annual emissions of 
CO<INF>2</INF>, and therefore would not have a significant impact on 
global climate change. Emissions of water vapor (H<INF>2</INF>O) to the 
stratosphere under the Proposed Action would not have a significant 
impact on global climate change due to the large number of natural and 
anthropogenic sources of H<INF>2</INF>O. Carbon monoxide (CO) and 
nitrogen oxides (NO<INF>X</INF>) emissions in the stratosphere would be 
extremely small relative to U.S. annual emissions; therefore, the 
presence of these chemicals in rocket emissions associated with the 
Proposed Action would have a negligible impact on global climate 
change. Significant impacts to ozone from particulate (aluminum oxide) 
emissions and hydrochloric acid are not anticipated under the Proposed 
Action.

Biological Resources--Fish, Wildlife, Plants, and Special Status 
Species

    The Proposed Action would not have a significant impact on 
terrestrial vegetation and wildlife. Localized foliar scorching and 
spotting would not be expected to cause long-term damage to vegetation. 
Birds and terrestrial mammals in the immediate area could suffer 
startle responses during launch activities. However, it is expected 
that birds and terrestrial mammals would return to pre-launch 
conditions soon after the launch. Terrestrial mammals could also 
experience temporary threshold shift effects. However, these effects 
would be temporary and would not have significant impacts on local 
populations.
    Acidification of nearby surface water due to launch emissions would 
not be expected to adversely affect aquatic habitats since the area is 
subjected to wind-blown salt spray and mixing with the open ocean. In 
the unlikely event of a launch failure, remaining propellant would be 
quickly diluted within the ocean. Direct strikes on aquatic species, 
such as marine mammal, turtle, or fish, due to a launch failure or an 
aborted launch relating to the Proposed Action are very unlikely. Sonic 
booms would not be expected to negatively impact the survival of any 
marine species because of their low frequency, the low density of 
marine species in the ocean's surface water, and the distance of the 
sonic boom footprint from CCAFS.
    Minimal impacts on endangered, threatened, and special status 
species are anticipated under the Proposed Action. No native habitats 
would be cleared or directly impacted. Lights from launch activities 
may adversely affect the sea turtle population along the Atlantic 
coastline. Light management plans would be developed to minimize these 
impacts. The majority of effects from launch activities would be short-
term, of relatively low intensity, and would occur relatively 
infrequently due to the launch rate.

Water Resources (Surface Water, Ground Water, Floodplains, and 
Wetlands)

    Short-term and long-term adverse impacts to surface water quality 
resulting from the launch exhaust cloud would not be significant due to 
the relatively high salinities and predictable pH stabilities of 
estuarine and ocean waters. The pH level of near-field surface water 
may decline for a period of time. However, pre-launch conditions are 
expected to return within several hours. Short-term impacts to near 
shore environments could occur as a result of contamination from rocket 
propellant associated with a launch anomaly. However, long-term impacts 
would not be significant due to the buffering capacity of the Atlantic 
Ocean and Banana River. Release of residual propellant from the Falcon 
1's recoverable first stage upon impact with

[[Page 54658]]

the ocean would not significantly affect water quality because of the 
small volume of this release into the open ocean. Emergency response 
and clean-up procedures would reduce the magnitude and duration of any 
impacts to ground water from an on-pad accidental or emergency 
propellant release.
    Ground water is not expected to be impacted by the Proposed Action. 
The proposed launches are not expected to interfere with the current 
remedial action occurring on the site. Additionally, potential emission 
deposition of hydrochloric acid from the launches is expected to be 
relatively minor. Leaching acid storm water would be diluted quickly in 
the ground water system.
    Major short-term and long-term impacts to floodplains and wetlands 
from the launch exhaust cloud would not be expected due to the low 
probability of a storm event after a launch. Emergency response and 
clean-up procedures would reduce the magnitude and duration of any 
impacts to floodplains and wetlands from accidental propellant 
releases.

Noise

    The annual Day Night Average Sound Level (DNL) of the Proposed 
Action at the City of Cape Canaveral would be substantially lower than 
65 DNL. The Proposed Action is not expected to have a significant noise 
impact on the surrounding areas. The annual C-weighted DNL (CDNL) of 
the Proposed Action at the City of Cape Canaveral would be 
substantially lower than 61 CDNL. Sonic booms associated with the 
Proposed Action are not expected to have a significant impact on the 
surrounding areas. The magnitude of sonic booms associated with the 
Proposed Action would be well below 10 pounds per square foot and would 
occur over the ocean; therefore, no structural damage impacts are 
expected. Additionally, sonic booms would not have a significant impact 
on marine animals.

Compatible Land Use (Section 4(f) Lands, Light Emissions, and Visual 
Resources, and Coastal Resources)

    Implementation of the Proposed Action would not change any planned 
or existing land use designations. There are no Section 4(f) lands 
located at LC-46. The nearest site is located five miles southwest of 
the launch site. Launch activities and effects would be contained 
within the boundaries of LC-46; therefore, no impacts are expected on 
Section 4(f) lands. The Proposed Action does not involve construction 
or development, and is similar to existing activities at LC-46; 
therefore, there would not be any new or additional visual resource 
impacts, or any coastal resource impacts. Light emissions would be 
minimized through the use of low-pressure sodium light fixtures, 
shielding of lights, and special light management steps where lights 
are visible from the beach.

Socioeconomic Resources

    Additional personnel for launch-related activities would not 
increase the demand for existing services, including housing, hotels, 
restaurants, and transportation, in Brevard County. The Proposed Action 
would not necessitate the relocation of local residents or businesses. 
Traffic would not be significantly affected during pre- and post-launch 
activities. Launches may increase tourism in the region, and there may 
be a slight short-term positive impact on socioeconomic resources from 
additional tourism.

Hazardous Materials, Solid Waste, and Pollution Prevention

    The primary hazardous materials used under the Proposed Action 
would be propellants. In addition to the propellants, other hazardous 
materials (e.g., various composites, synthetics, and metals) may be 
used for rocket operation, including solvents, oils, and paints. All 
hazardous materials and hazardous waste would be handled and disposed 
of in accordance with the CCAFS Environmental Standards and Safety 
Standards and Space Florida's Hazardous Waste Management Plan. 
Hazardous waste streams anticipated to be generated by the Proposed 
Action are typical of other hazardous waste streams in Florida. The 
Proposed Action would not be expected to generate more hazardous waste 
than can be safely handled by CCAFS and existing hazardous waste 
management plans would not be expected to change.
    Solid waste would be expected to increase slightly with the 
increase in launches. The amount of solid waste generated would be 
handled under existing collection and disposal operations.
    Space Florida would develop a Pollution Prevention Management Plan, 
in coordination with CCAFS' pollution prevention plans and goals, to 
comply with all local, State, and Federal regulations.

Cumulative Impacts

    Cumulative impacts are ``the incremental impact of the actions when 
added to other past, present, and reasonably foreseeable future action 
regardless of what agency (Federal or non-Federal) or person undertakes 
such other actions'' (40 CFR 1508.7). For this analysis, cumulative 
impacts include impacts from the vehicles that would be launched under 
Space Florida's license and the past, present, and reasonably 
foreseeable future activities that would affect the resources impacted 
by the Proposed Action. The following summary discusses the cumulative 
impacts from present and reasonably foreseeable actions at CCAFS and in 
the surrounding areas, including Kennedy Space Center and the Merritt 
Island National Wildlife Refuge. These activities may potentially 
affect the same resources as the Proposed Action within the life of the 
Proposed Action (2008-2013).
Air Quality
    The Proposed Action, in addition to the past, present, and 
reasonably foreseeable actions in the project area, would result in a 
minor, temporary increase in air emissions in an area that is currently 
in attainment for all criteria pollutants. The emissions of greenhouse 
gases and ozone depleting substances would be extremely small in the 
context of national and global emissions. Because these impacts would 
be minor and temporary, the incremental contribution to cumulative air 
quality impacts from the Proposed Action would not be significant.
Biological Resources (Fish, Wildlife, Plants, and Special Status 
Species)
    The impacts from the Proposed Action would likely be less than at 
other launch pads since the vehicles are relatively small, resulting in 
less noise, air emissions, and scorching, and would only be launched 
approximately twice per month. Because the Proposed Action would create 
minimal artificial light at night, it would not significantly impact 
nearby sea turtle hatchlings. The impacts to biological resources would 
be temporary and relatively infrequent; therefore, the incremental 
contribution to cumulative biological impacts from the Proposed Action 
would not be significant.
Water Resources (Surface Water, Ground Water, Floodplains, and 
Wetlands)
    The Proposed Action's water requirements would not affect operating 
requirements of other programs in the project's vicinity, and would 
have a minimal effect on cumulative water supply. Because the Proposed 
Action would have a minor and temporary impact on the water resources 
of the affected region, the incremental

[[Page 54659]]

contribution to cumulative water resource impacts from the Proposed 
Action would not be significant.
Noise
    The area surrounding the project has a long history of commercial 
space rocket and NASA space shuttle launches resulting launch-related 
noise. Noise impacts associated with launch activities in the area 
would be brief and temporary. Because these projects have minor and 
temporary noise impacts, the incremental contribution to cumulative 
noise impacts from the Proposed Action would not be significant.
Land Use (Section 4(f), Visual Resources, and Coastal Resources)
    The area surrounding the project has historically been used for 
launching rockets and NASA space shuttles and contains launch 
infrastructure and associated facilities for those past and present 
actions. The Proposed Action would have no effect on coastal resources, 
Section 4(f) resources, or compatible land use; therefore, the 
incremental contribution to cumulative land use impacts from the 
Proposed Action would not be significant.
Socioeconomic Resources
    The project area has long been used by the commercial space 
industry and NASA for space shuttle launches. All projects in the 
Proposed Action area would have small, positive socioeconomic impacts. 
The incremental contribution to cumulative socioeconomic impacts from 
the Proposed Action would not be significant.
Hazardous Materials, Solid Waste, and Pollution Prevention
    The area surrounding the project has a long history of commercial 
space rocket and NASA space shuttle launches, and past and present 
actions have required the use and handling of hazardous materials. 
Cumulative impacts from hazardous materials and hazardous waste 
management could occur on the portions of CCAFS with historic soil and 
ground water contamination, including LC-46. However, significant 
cumulative impacts are not expected due to the remediation activities 
that have been completed at the site.

Relationship between Short-Term Uses and Long-Term Productivity

    Under the Proposed Action, there would be short-term impacts to the 
environment; however, none of these impacts would be long-term or 
significant. As a result, the Proposed Action is not expected to narrow 
the range of beneficial uses of the environment in the long-term or 
pose a long-term risk to human health or safety.

Irreversible and Irretrievable Commitment of Resources

    Under the Proposed Action, no irreversible or irretrievable 
commitment of resources is expected to occur in any of the 
environmental resource areas analyzed in this EA. The Proposed Action 
would expend solid and liquid propellants; however, the amounts of 
propellants and other materials that would be expended as part of the 
Proposed Action are negligible compared to the quantities routinely 
produced. No construction activities would occur and launches at the 
site would be of a small-scale and would occur relatively infrequently. 
As a result, no significant irreversible or irretrievable commitment of 
resources is expected.
    Determination: An analysis of the Proposed Action has concluded 
that there are no significant short-term, long-term, or cumulative 
effects to the environment or surrounding populations. After careful 
and thorough consideration of the facts herein, the undersigned finds 
that the proposed Federal action is consistent with existing national 
environmental policies and objectives set forth in Section 101(a) of 
the National Environmental Policy Act of 1969 and that it will not 
significantly affect the quality of the human environment or otherwise 
include any condition requiring additional consultation pursuant to 
Section 102(2)(c) of the National Environmental Policy Act. Therefore, 
an Environmental Impact Statement for the Proposed Action is not 
required.

    Issued in Washington, DC on September 2, 2008.
George Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. E8-22020 Filed 9-19-08; 8:45 am]
BILLING CODE 4910-13-P


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