[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65169-65170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27034]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Intent

AGENCY: Federal Aviation Administration (FAA).

ACTION: Notice of intent to prepare an environmental impact statement 
and conduct public scoping meetings.

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SUMMARY: This Notice provides information to Federal, state, and local 
agencies, affected Native American tribes, and other interested persons 
on the Federal Aviation Administration's (FAA's) intent to prepare an 
environmental impact statement (EIS) for the Oklahoma Space Industry 
Development Authority's (OSIDA's) proposal to operate a commercial 
launch site at the Clinton-Sherman Industrial Airpark (CSIA). The FAA, 
as the lead Federal agency, will prepare the EIS in accordance with the 
National Environmental Policy Act (NEPA) of 1969 (42 United States Code 
(U.S.C.) 4321 et seq.) and the Council on Environmental Quality 
Regulations for Implementing the Procedural Provisions of NEPA (40 Code 
of Federal Regulations (CFR) parts 1500-1508), as part of its licensing 
process for the proposed Oklahoma Spaceport. Because the United States 
Air Force proposes to continue its use of CSIA (preferred alternative 
site for the Spaceport) as a training facility, the FAA has requested 
and the United States Air Force has agreed to be a cooperating agency 
(40 CFR 1501.6) on this EIS.
    OSIDA has entered into memoranda of understanding (MOUs) with 
various interested parties who wish to construct and operate facilities 
for the purpose of conducting commercial space launches of reusable 
launch vehicles (RLVs) from the proposed Oklahoma Spaceport. The 
potential users of the launch site would be responsible for obtaining 
any necessary permits or approvals including a launch license from the 
FAA. Proposed operations include the launch, reentry, landing, and 
recovery of orbital and sub-orbital launch vehicles. OSIDA plans to 
support the launch of communications, commercial, and government 
satellites into low earth orbits, as well as using vehicles for travel 
to other parts of the world and space tourism.

Background

    The FAA is preparing an EIS to analyze the environmental impacts of 
OSIDA's proposed operation of a launch facility in Oklahoma. The EIS 
will cover construction of facilities, ground activities (component 
testing, transportation and storage of fuels and explosives, etc.), 
pre-flight vehicle and payload preparation activities, launch, reentry, 
and landing/recovery operations.
    The FAA is the lead Federal agency in preparing the EIS because of 
its licensing authority for commercial launch activities under 49 
U.S.C. subtitle IX, ch. 701, formerly the Commercial Space Launch Act 
of 1984, as amended (CSLA). The CSLA authorizes the Secretary of 
Transportation to oversee, license and coordinate U.S. commercial space 
launch activities. Under the CSLA, the Secretary exercises this 
authority in a manner that ensures the protection of public health and 
safety, the safety of property, and national security and foreign 
policy interests of the United States. The Secretary has delegated this 
authority to the Administrator of the FAA, who in turn has delegated 
this authority to the Associate Administrator for Commercial Space 
Transportation (AST). OSIDA intends to apply for a license to operate a 
launch site at CSIA or an alternative location. Because licensing 
OSIDA's operations is a major Federal action, compliance with NEPA is 
required.
    A license to operate a launch site authorizes a licensee to operate 
a launch site in accordance with the representations contained in the 
licensee's application, with terms and

[[Page 65170]]

conditions contained in any license order accompanying the license, and 
subject to the licensee's compliance with 49 U.S.C. subtitle IX, ch.701 
and this chapter. 14 CFR part 420.41(a) A license to operate a launch 
site authorizes a licensee to offer its launch site to a launch 
operator for each launch point for the type and any weight class of 
launch vehicle identified in the license application and upon which the 
licensing determination is based. 14 CFR part 420.41(b) Issuance of a 
license to operate a launch site does not relieve a licensee of its 
obligation to comply with any other laws or regulations; nor does it 
confer any proprietary, property, or exclusive right in the use of 
airspace or outer space. 14 CFR part 420.41(c) A license to operate a 
launch site remains in effect for five years from the date of issuance 
unless surrendered, suspended, or revoked before the expiration of the 
term and is renewable upon application by the licensee. 14 CFR part 
420.43
    OSIDA is a state agency created by the Oklahoma legislature in 1999 
by Senate Bill 720. The agency is governed by a Board of Directors 
appointed by the Governor and confirmed by the Senate. The mission of 
the agency is to create an Oklahoma Spaceport, attract space industry 
to the State and encourage space-related technology in the state school 
system at all levels. OSIDA has broad authority legislated by the State 
to attract industry and develop a Spaceport for economic development. 
Facilities at the Spaceport may be improved, newly constructed using 
bond revenues, and leased to companies located on-site. A 168-square 
mile area including the current CSIA has been designated by the 
legislature as the Oklahoma Spaceport Territory. OSIDA has been given 
the ownership of the 2,700-acre CSIA.

Proposed Action

    The Proposed Action is to issue a launch site operator license to 
OSIDA for the CSIA or an alternative site. The launch site operator 
license is for the purpose of operating a facility in order to launch, 
reenter, land, or recover RLVs. In addition the proposed site may be 
available for static engine firings, launch vehicle manufacturing, and 
other testing and manufacturing activities. The operations will be 
conducted from a proposed site, which would include existing and newly 
constructed facilities and infrastructure. The function of the 
Spaceport will be to provide a facility to launch manned vehicles, 
satellites and other payloads into sub-orbital trajectories and 
eventually into prescribed orbits for commercial and government 
customers. Under the Proposed Action, the FAA would issue a launch site 
operator license to OSIDA for the operation of a site to launch, land, 
and recover RLVs. Upon issuance of required FAA approvals, OSIDA would 
open the site to commercial operations. The first sub-orbital launch is 
proposed for 2006. Launch providers may use vehicles that have been 
addressed in the launch site operator license application, proposed to 
include RLVs launched vertically, horizontally, or from the air. These 
RLVs may land vertically or horizontally.

Alternative Sites

    A number of airports in Southwestern Oklahoma are being considered 
as alternative locations for OSIDA's proposed facility. Included among 
the alternatives that could be considered are airport facilities in the 
towns of Sayre, Frederick, and Hobart. These facilities are being 
considered in part because of their relatively remote locations. The 
FAA will work with OSIDA to ensure that a reasonable range of 
alternatives is evaluated in the EIS.

Scoping Meetings

    The EIS will assess environmental impacts associated with the 
Proposed Action; reasonable alternatives including the No Action 
alternative; foreseeable future actions; and cumulative effects. Two 
public scoping meetings will be held to solicit input from the public 
on potential issues that may need to be evaluated in the EIS. The first 
public scoping meeting will be held on November 13, 2002, at 6 p.m., at 
the Western Technology Center located in Burns Flat, Oklahoma. The 
second public scoping meeting will be held on November 14, 2002, at 6 
p.m., at the Metro Technology Center Springlake Campus located in 
Oklahoma City, Oklahoma. The exact locations will be published in local 
newspapers as well as on the FAA/AST website (http://ast.faa.gov/), 
OSIDA website (http://www.okspaceport.state.ok.us) and the EIS public 
information website (http://www.okspaceporteis.com).

FOR FURTHER INFORMATION CONTACT: Public input and comments are 
solicited concerning the proposed action. Comments and questions 
concerning the public scoping process or the EIS process should be 
addressed to Mr. Douglas W. Graham, Federal Aviation Administration, 
Office of the Associate Administrator for Commercial Space 
Transportation, Suite 331/AST-100, 800 Independence Avenue, SW., 
Washington, DC 20591; phone (202) 267-8568 or by e-mail at 
[email protected].

Patricia G. Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 02-27034 Filed 10-22-02; 8:45 am]
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