[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54248-54251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26663]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 28611]


Finding of No Significant Impact

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Finding of no significant impact.

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SUMMARY: The FAA prepared an Environmental Assessment (EA) to evaluate 
the Alaska Aerospace Development Corporation's (AADC) proposal to 
construct and operate a launch site at Narrow Cape on Kodiak Island, 
Alaska, and issued a proposed Finding of No Significant Impact (FONSI) 
for public comment on June 25, 1996, for 30 days. After reviewing and 
analyzing currently available data and information on existing 
conditions, project impacts, and measures to mitigate those impacts, 
and after considering public comments, the Office of the Associate 
Administrator for Commercial Space Transportation (AST) has determined 
that licensing the operation of the proposed launch site is 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 is not required and AST is issuing a Finding of No 
Significant Impact (FONSI).

FOR A COPY OF THE KODIAK LAUNCH COMPLEX ENVIRONMENTAL ASSESSMENT 
CONTACT: Mr. Nikos Himaras, Office of the Associate Administrator for 
Commercial Space Transportation, Licensing and Safety Division, 400 
Seventh Street, SW., Washington, D.C. 20590; phone (202) 366-2455; or 
refer to the following Internet address: http://www.dot.gov/dotinfo/
faa/cst/cst.html.

DATES: The FAA made its proposed FONSI available for public comment on 
June 25, 1996, for 30 days.

Proposed Action

    The FAA licenses the operation of non-Federal launch sites in the 
United States, such as AADC's proposed construction and operation of 
Kodiak Launch Complex (KLC), a commercial space launch site on Kodiak 
Island, Alaska, pursuant to 49 U.S.C. 70101-70119, formerly the 
Commercial Space Launch Act. Licensing the operation of a launch site 
is a proposed Federal action requiring environmental analysis by the 
FAA in accordance with the National Environmental Policy Act of 1969, 
42 U.S.C. 4321 et seq. Upon receipt of a complete application, the 
Associate Administrator for Commercial Space Transportation must 
determine

[[Page 54249]]

whether to issue a license to AADC to operate. Environmental findings 
are required for a license evaluation.
    A recently enacted Interstate Commerce Commission sunset 
legislation (Public Law 104-88) addresses National Environmental Policy 
Act applicability to licensing actions (see Page 1-5 of the EA). This 
provision does not affect preparation of the KLC EA but obviates the 
need for preparation of an environmental impact statement if the 
Department of the Army has issued a permit for the activity and the 
Army Corps of Engineers has found the activity has no significant 
impact. The Department of the Army Corps of Engineers proposes to find 
that the activity would have no significant impact and is holding 
permit issuance pending AST's issuance of the FONSI.
    The launch site would be located on a 3,100-acre tract of state-
owned land on a peninsula known as Narrow Cape. Construction for the 
project would involve (1) Upgrading about 3 km of gravel access road; 
(2) creating two laydown areas for construction equipment; (3) building 
a launch control center, a payload processing facility, the launch 
area, and a water pump house; and (4) use of existing quarry sites to 
obtain fill material. Construction would disturb approximately 43 
acres, including about 1.5 acres of wetlands, most of which is adjacent 
to the gravel road leading to the launch complex.
    To launch launch vehicles from KLC, fee-paying customers would (1) 
Transport launch vehicle components, payloads, associated parts, and 
staff to the site; (2) assemble vehicle components and payloads and 
prepare for launch; and (3) launch and track payloads into orbit. 
Operations would begin in 1998, and about 3 launch vehicles per year 
would be launched during the first four years. Anticipated frequency of 
use would increase to a maximum of 9 launches per year over the 22 
years of operation. Materials would be transported to Kodiak Island by 
container ship, ocean barge, or airplane, and transported to the KLC by 
truck. Initially, approximately 100 people would be onsite for 6 weeks 
before a launch. Operations could eventually involve up to 14,000 
person-days per year onsite. The KLC would provide the site for 
launching smaller solid rocket motor launch vehicles such as Lockheed 
Martin Launch Vehicles 1 and 2, Minuteman II (modified for commercial 
use), Taurus, and Conestoga.

Alternatives Considered

    The alternatives available to AST consist of: (1) The proposed 
action, licensing the operation of a launch site at KLC, and (2) the no 
action alternative. AADC has conducted a state-wide siting survey that 
evaluated 27 alternative locations for a space launch facility. AST has 
given substantial weight to the preferences of AADC in selecting the 
proposed site, because AST's review indicates that there is no 
substantially superior alternative site, from an environmental 
standpoint, that is operationally feasible.
    The KLC was designed to avoid impacts to wetlands to the extent 
practicable. The payload processing area and the access road to the 
launch area were re-sited to avoid wetland disturbance, and the launch 
control center was redesigned to minimize wetland impacts. The launch 
control center, however, must be located a minimum distance from the 
launch area and must have a direct view of the launch area. The only 
alternative for siting the launch control center to avoid completely 
wetlands would have required access road construction that would have 
affected more wetlands. The only alternative that would have avoided 
wetlands destruction in upgrading Pasagshak Point Road would have 
involved extensive road relocation, substantial destruction of non-
wetland habitat, and prohibitive expense. Because of these factors, no 
practicable alternatives to the proposed construction were available 
and the proposed action includes all practicable measures to minimize 
harm to wetlands which may result from the project (See Section 4.5.1.1 
of the EA). The Alaska District of the U.S. Army Corps of engineers 
issued a public notice regarding project construction and wetlands 
involvement on September 7, 1995, providing the public and appropriate 
state and Federal agencies an opportunity for early review of wetland 
impacts. The Alaska District of the U.S. Army Corps of Engineers also 
issued a permit evaluation and decision document regarding project 
construction and wetlands involvement on November 7, 1995, confirming 
that the proposed filling of 1.43 acres of wetlands with clean sand and 
gravel is not anticipated to measurably impact the substrate of the 
immediate vicinity of the project site. They further confirmed that the 
proposed action should have no appreciable impact on the drainage 
pattern of adjacent wetlands, the existing water quality, or stream 
flow in the area of the project site.

Environmental Consequences

Ecological Resources

    Construction would disturb vegetation on 43 acres of the site. With 
the exception of wetlands, the disturbed areas are not considered high-
quality habitat. The 1.5 acres of wetlands that would be disturbed 
constitute 0.2% of the 790 acres of wetlands on the 3,100-acre site. No 
practicable alternatives to disturbing wetlands are available and, 
based on the small areas involved, the wetland and vegetation losses 
are judged to be not significant.
    Noise from construction activity would temporarily disturb areas 
immediately adjacent to roads and proposed new facilities, but the 
valuable wildlife habitats, mostly along the shoreline and offshore, 
would not be significantly affected. Construction activities could 
expose ducks and seabirds resting and feeding in the waters off Narrow 
Cape to peak noise levels of approximately 72 dBA, which is below the 
80-90 dBA known to disturb water fowl and wildlife. The closest site 
believed to have a bald eagle nest is located at least 3,000 feet from 
construction activities, a distance substantially greater than the 660-
foot buffer zone recommended by the Fish and Wildlife Service, United 
States Department of the Interior (DOI), to protect nesting eagles.
    Launch vehicle launches would cause occasional noise levels 
sufficient to cause startle responses in birds and marine mammals. 
However, these brief disturbances, three to nine times per year, are 
not anticipated to have lasting or significant adverse impacts on 
wildlife, including threatened or sensitive species. Emissions from 
launch vehicle propulsion would be occasional and widely and rapidly 
dispersed, and no significant ecological effects would be expected. FAA 
has completed informal consultation with the National Marine Fisheries 
Service (NMFS) under Section 7(a) of the Endangered Species Act (ESA) 
of 1973, with respect to the Steller sea lion which is a threatened 
species. Based on current data, the FAA does not expect launch noise 
levels to greatly disturb or cause significant adverse impacts to 
Steller sea lions.

Noise

    Launch noise would be audible on Kodiak Island for a distance of 
approximately 12 miles for approximately 1 minute. Sonic booms would be 
heard only on the open ocean. Given the infrequency and short duration 
of launches, no significant

[[Page 54250]]

adverse impacts to the public would be expected.

Safety

    The proposed KLC facilities would be located so that launch 
vehicles would fly primarily over open water. A flight and operational 
safety program would be implemented to manage risks to workers and the 
public. All safety concerns will be addressed as part of AST's 
licensing process.

Visual and Cultural Resources

    Construction and operation of the proposed KLC would affect the 
visual resources of Narrow Cape by placing five new man-made structures 
into a relatively isolated area. The largest of these, the launch 
service structure would be 170 feet high, 40 feet wide and 70 feet 
long, and, because of the relatively flat terrain, would be visible 
over most of the cape and from offshore. Because the site is isolated 
and has few viewers, the visual impacts are considered non-significant. 
Impacts to subsistence harvesting and archaeological or historic sites 
would be minor.

Air and Water

    Air quality at the proposed KLC site is excellent, and the site 
area is designated an attainment area, as defined under the Clean Air 
Act and implementing regulations. Because of its location in an 
attainment area, no conformity review is required for the KLC. Impacts 
of construction to both air and water would be short-term and minor. 
Launch vehicle launch emissions of hydrogen chloride and aluminum oxide 
would slightly and temporarily degrade local air quality, and the 
hydrochloric acid (HCl) formed could be deposited in nearby surface 
waters. KLC will conduct smaller and fewer launches per year than have 
been conducted by the Air Force. Maximum concentrations of airborne HCl 
resulting from KLC launches would not exceed the Air Force ceiling 
value for general public exposure of 10 parts per million. Maximum 
concentrations of airborne particulates resulting from launches would 
not exceed the National Ambient Air Quality Standard of a 24-hour 
average of 150 micrograms per cubic meter for PM-10 (particulate matter 
less than 10 microns in diameter). The PM-10 standard is normally 
applied to point-source, industrial type emissions. KLC launches will 
be relatively infrequent with emissions that disperse quickly. The area 
is designated attainable for all pollutants. A determination of 
conformity with the State Air Quality Implementation Plan is not 
required pursuant to Section 176(c) of the Clean Air Act, 42 U.S.C. 
7401 et seq., as implemented by 40 CFR Part 51. The impacts of acid 
deposition in the nearby surface waters would be minor because of 
relatively low HCl emissions from the small rockets planned for launch 
at KLC, the small number of launches per year, and the apparent 
capacity of local streams and lakes for buffering acid inputs. Because 
rocket launch impacts to air and water would be relatively minor, 
occasional, and short-term, no significant impacts would be expected to 
occur.

Geology and Soil Resources

    Soil erosion control practices, implemented under the Stormwater 
Pollution Prevention Plan, would keep impacts to soils minor. Changes 
in soil pH resulting from acid deposition from launch combustion 
products would be non-significant, because KLC soils already have 
relatively low pHs.

Socioeconomics

    Construction of the proposed KLC would result in expenditures of 
$18-24 million on goods and services, which would have positive effects 
on the local and regional economies. Community resources and 
infrastructure are adequate to support the construction and operational 
workforces. No impacts to commercial fishing are anticipated, because 
launch activities at Narrow Cape will not cause restrictions on access 
to nearby waters. Launch operations will be closely coordinated with 
the U.S. Coast Guard; therefore, no impacts to Coast Guard activities 
are anticipated.

Section 4(f)

    Impacts to recreational resources would be small. The site would be 
closed immediately before and during launch activities, but would 
remain open for recreational activities at all other times. No 
significant impacts to the Pasagshak State Recreation Area or the 
Kodiak National Wildlife Refuge, located about 4 miles and 40 miles 
respectively from the KLC site, would be expected because of the 
distances and the limited extent of construction and operational 
activities.

Land Use

    The proposed action underwent a review for consistency with 
standards established under the Alaska Coastal Management Program 
(Alaska Administrative Code, Title Six, Chapter 80) and was issued a 
final consistency determination on January 18, 1996 (see attached 
letter from the State of Alaska to AADC).

Monitoring and Mitigation

    As part of the licensing process for the KLC site, AADC is 
developing an enhanced KLC Natural Resources Management Plan that will 
address monitoring and mitigation activities for aspects of the site 
and environs, including special status species, as discussed in Section 
5.13 of the EA.
    To address concerns expressed by the U.S. Fish and Wildlife Service 
(FWS) about impacts on birds in the vicinity of the project, though 
this exceeds requirements under the NEPA and ESA, the AADC and FAA have 
agreed to enhance the existing KLC avian baseline survey and monitoring 
plan to further scientific research in this area. Avian species to be 
monitored are the bald eagle (protected under the Bald Eagle Protection 
Act), and migratory seabirds, seaducks, and shorebirds (protected under 
the Migratory Bird Treaty Act). The AADC shall, within 30 days of the 
issuance of the FONSI, consult with the Fish and Wildlife Service Field 
Supervisor (U.S. Fish and Wildlife Service, Ecological Services 
Anchorage Field Office, 605 West 4th Avenue, Room, G-62, Anchorage, 
Alaska 99501, 907-271-2787) and the FAA to initiate the enhancement of 
the KLC avian baseline survey and monitoring plan. The KLC avian 
baseline survey and monitoring plan, developed in cooperation with the 
Fish and Wildlife Service, will be completed as soon as possible to 
facilitate initiation of the surveying and monitoring activities, and 
will be submitted to the FAA for approval and incorporation into the 
KLC Natural Resources Management Plan for implementation. If monitoring 
detects adverse impacts greater than those identified in the EA, AADC 
would take appropriate action to mitigate these impacts. The FAA will 
consider the adequacy of the KLC Natural Resources Management Plan as 
part of its evaluation of AADC's license application. Per the FWS 
letter to AST dated October 2, 1996, FWS's concerns have been addressed 
and they do not object to the issuance of a FONSI.

Major Issues/Public Comments

    The FAA received comments on the EA from three Federal agencies, 
three organizations, and nine individuals (all residents of Kodiak 
Island). The FAA has also discussed the issues of concern with the 
Coast Guard, the National Marine Fisheries Service (NMFS) and the U.S. 
Department of Interior, Fish and Wildlife Service (FWS). The major 
issues raised and the FAA's resolution of these are summarized as 
follows:

[[Page 54251]]

    Access to coastal waters and airspace: Concerns were raised that 
launch activities would restrict access to waters important to 
navigation near Narrow Cape. The FAA notes that impacts to shipping, 
fishing, and Coast Guard boat patrols would be minimal, as no 
restrictions would be placed on waters near the launch site. With 
respect to airspace conflicts, AADC will use the established methods to 
warn flyers of the short and infrequent need to avoid airspace over the 
launch site, and that launch activity will be suspended if aircraft 
enter the avoidance zone by accident or under emergency conditions.
    Impacts to Steller Sea Lions: In a letter dated August 21, 1996, 
NMFS concurred with FAA's opinion that launch noise will not cause 
reactions by Steller sea lions greater than minor behavioral changes. 
However, because this is based on predicted rather than measured noise 
levels, NMFS has requested, and AADC has agreed to perform, pre-launch 
monitoring of sea lion behavior and monitoring of noise levels at sea 
lion haulouts for at least the first five launches.
    Impacts to migratory birds and other wildlife: The FWS raised 
issues regarding the adequacy of the baseline information regarding 
wildlife and the potential for adverse impacts to wildlife. The FWS 
requested that further studies be conducted at the project site to 
better predict impacts on fish and wildlife resources. AADC will 
perform monitoring that will generate additional biological 
information, and that the FAA's issuance of a launch operations license 
will consider the adequancy of AADC's Natural Resources Management 
Plan.
    Air Quality Impacts: FAA responded to comments from the 
Environmental Protection Agency (EPA) Region 10 that were received 75 
days beyond closing of the official comment period. EPA raised concerns 
regarding air quality modeling analyses and the application of models 
and guidelines in the EA. The modeling and air quality analyses were 
done using extremely conservative assumptions and input parameters such 
that FAA is confident of the reliability of these analyses in 
supporting the significance of potential anticipated impacts. Further, 
the Alaska Department of Environmental Conservation (ADEC) concurred 
and advised that no air permit or modeling requirements were necessary. 
The INPUFF model and U.S. Air Force guideline for exposure to HCl are 
relevant and appropriate for these analyses.

Determination

    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 the National Environmental Policy Act 
of 1969 (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 is not required.

    Issued in Washington, DC, on October 8, 1996.
Frank C. Weaver,
Associate Administrator for Commercial Space Transportation.

Attachments

FOR A COPY OF THE ATTACHMENTS OR OTHER REFERENCED MATERIAL CONTACT: Mr. 
Nikos Himaras, Office of the Associate Administrator for Commercial 
Space Transportation, Licensing and Safety Division, 400 Seventh 
Street, SW., Washington, D.C. 20590; phone (202) 366-2455; or refer to 
the following Internet address: http://www.dot.gov/dotinfo/faa/cst/
cst.html.

[FR Doc. 96-26663 Filed 10-16-96; 8:45 am]
BILLING CODE 4910-13-P