[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Notices]
[Pages 62865-62866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27894]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Associate Administrator for Commercial Space Transportation; 
Notice of Availability and Request for Comment on a Draft Environmental 
Assessment (EA)/Initial Study for the East Kern Airport District (EKAD) 
Launch Site Operator License for the Mojave Airport, CA

AGENCY: Federal Aviation Administration (FAA), Associate Administrator 
for Commercial Space Transportation (AST) is the lead Federal agency 
for NEPA. The U.S. Air Force is a cooperating agency for NEPA. The EKAD 
is the lead agency for CEQA.

ACTION: Notice of availability and request for comment.

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SUMMARY: In accordance with NEPA regulations, the FAA is initiating a 
public review and comment period for a Draft EA/Initial Study. Under 
the proposed action, the FAA would issue a launch site operator license 
for the EKAD to operate a launch facility at the Mojave Airport. The 
FAA may also use the analysis from this EA to issue a launch license to 
individual operators for launches from the Mojave Airport. If issued, 
the launch site operator license would authorize the EKAD to operate a 
launch facility at the Mojave Airport. This launch site operator 
license would be for the purpose of operating a facility to launch 
horizontally launched, suborbital rockets.\1\ In addition, the EKAD may 
offer other services for commercial launch companies at the Mojave 
Airport including static engine firings, launch vehicle manufacturing, 
and other testing and manufacturing activities. The function of the 
launch facility would be to provide a location to launch manned 
suborbital rockets and other payloads \2\ into suborbital trajectories. 
The issuance of a launch site operator license to EKAD does not permit 
EKAD to conduct launches, only to offer the facility and infrastructure 
to launch operators. A launch site operator license 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 Code of Federal Regulations (CFR) 
420.43). 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 weight class of launch vehicle identified in the license 
application and upon which the licensing determination is based. 
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 420.41). The FAA 
may use the analysis in this document as the basis for an environmental 
determination of the impacts of these launches to support licensing 
decisions for the launch of specific launch vehicles from the Mojave 
Airport.
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    \1\ The FAA has proposed the following definition for suborbital 
rocket which is being considered for adoption but has not yet been 
approved: ``a rocket propelled vehicle intended for flight on a 
suborbital trajectory whose thrust is greater than its lift for the 
majority of the powered portion of its flight.'' The following 
definition has been proposed but not approved for suborbital 
trajectory: ``the intentional flight path of a launch vehicle, 
reentry vehicle, or any portion thereof whose vacuum instantaneous 
impact point does not leave the surface of the earth.''
    \2\ For purposes of this document, the payload is the item that 
an aircraft or rocket carries over and above what is necessary for 
the operation of the vehicle in flight.

DATES: The public comment period for the NEPA process begins with the 
publication of this notice and request for comment in the Federal 
Register. To ensure that all comments can be addressed in the Final EA, 
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comments must be received by the FAA no later than December 12, 2003.

FOR FURTHER INFORMATION CONTACT: Written and oral comments regarding 
the Draft EA/Initial Study should be submitted to Ms. Michon 
Washington, FAA Environmental Specialist, Mojave Airport EA, c/o ICF 
Consulting, 9300 Lee Highway, Fairfax, VA 22031; e-mail 
[email protected]; toll-free phone (800) 767-9956; toll-free 
fax (800) 380-1009; or through an online comment form available at 
http://ast.faa.gov.

SUPPLEMENTARY INFORMATION: The proposed action is for the FAA to issue 
a launch site operator license to the EKAD for the Mojave Airport. 14 
CFR Chapter III, part 420 contains the requirements for obtaining and 
possessing a license to operate a launch site. Under the regulations, 
an applicant is required to provide the FAA with information sufficient 
to conduct environmental and policy reviews and determinations. The 
EKAD intends to operate a launch site at the Mojave Airport for 
commercial use by providing customers a site from which to launch 
suborbital missions using horizontally launched vehicles, and therefore 
must obtain a launch site operator license from the FAA.
    The successful completion of the environmental review process does 
not guarantee that the FAA would issue a launch site operator license 
to the EKAD for the Mojave Airport or a launch license to an individual 
launch operator. The project must also meet all FAA safety, risk, and 
indemnification requirements. A license to operate a launch site does 
not guarantee that a launch license would be granted for any particular 
launch proposed for the site. All individual launch license applicants 
would be subject to separate FAA licensing.
    The EKAD has identified two types of launch vehicles, identified in 
this analysis as Concept A and Concept B, which would be typical of the 
vehicles that would operate from the Mojave Airport. The proposed 
action/preferred alternative would include launches of both Concept A 
and Concept B launch vehicles. The potential users of the launch site 
would be responsible for obtaining any necessary permits or approvals 
including a launch license for specific missions from the FAA. This 
document may be used as the basis for the FAA to make a determination 
about licensing the launches of some types of launch vehicles from the 
Mojave Airport. The FAA may also use this document as the basis for an 
environmental finding that would serve as part of the requirements of 
the FAA launch licensing process for proposed launch operators at the 
Mojave Airport. Additional environmental analysis would need to be 
conducted for any activity that is not addressed in this Draft EA/
Initial Study or in previous environmental analyses.
    Launch vehicles included in Concept A consist of two components 
both of which would be piloted, a carrier aircraft and a mated 
suborbital launch vehicle. The carrier aircraft would carry the launch 
vehicle to the designated launch release altitude. The launch vehicle 
would use only suborbital trajectories and, therefore, would not reach 
Earth orbit. Concept A launch vehicles would launch and land 
horizontally at the Mojave Airport. They would not require runway 
lengths in excess of existing infrastructure at the Mojave Airport.
    Launch vehicles included in Concept B would be a single piloted 
component. The rocket motors would be ignited while the launch vehicle 
is on the

[[Page 62866]]

runway at the Mojave Airport. Concept B launch vehicles would use 
suborbital trajectories and, therefore, would not reach Earth orbit. 
Concept B launch vehicles would launch and land horizontally at the 
Mojave Airport. They would not require runway lengths in excess of 
existing infrastructure at the Mojave Airport.
    Two alternatives to the proposed action were considered in the 
Draft EA/Initial Study. The first alternative would be to issue a 
launch site operator license to the EKAD for the Mojave Airport for 
inclusion of launch vehicles specifically fitting the description of 
Concept A. The second alternative would be to issue a launch site 
operator license to the EKAD for the Mojave Airport for inclusion of 
launch vehicles specifically fitting the description of Concept B.
    Potential impacts of the proposed action and alternatives were 
analyzed in the Draft EA/Initial Study. Potential environmental impacts 
of successful launches include impacts to air quality, airspace, 
biological resources, cultural resources, health and safety, hazardous 
materials and hazardous waste, geology and soils, land use, noise, 
socioeconomics and environmental justice, transportation, visual and 
aesthetic resources, and water resources. The impacts of the No Action 
Alternative would be the same as those described for the affected 
environment in the Draft EA/Initial Study.
    Potential cumulative impacts of the operation of the proposed 
launch site are also addressed in the Draft EA/Initial Study.

    Date Issued: October 30, 2003.
Herbert Bachner,
Manager, Space Systems Development Division.
[FR Doc. 03-27894 Filed 11-5-03; 8:45 am]
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