[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Pages 22584-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Finding of No Significant Impact

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

ACTION: Environmental Finding Document: Finding No Significant Impact; 
Notice.

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SUMMARY: The Federal Aviation Administration (FAA) prepared an 
Environmental Assessment (EA) to evaluate the East Kern Airport 
District (EKAD) proposal to operate a commercial launch facility at the 
Mojave Airport in Mojave, California. The EA also evaluated the 
potential environmental impacts of launching two types of horizontally 
launched suborbital vehicles (Concept A and Concept B) proposed to be 
launched from the Mojave Airport. XCOR Aerospace is requesting a launch 
specific license and proposes to conduct up to 10 licensed launches in 
2005 and up to 25 licensed launches in 2006 of the Sphinx launch 
vehicle. This launch vehicle is similar to the Concept B vehicle 
described and analyzed in the EA. After reviewing and analyzing 
currently available data and information on existing conditions, 
project impacts, and measures to mitigate those impacts, the FAA, 
Office of the Associate Administrator for Commercial Space 
Transportation (AST) has determined that licensing up to 35 launches of 
the Sphinx vehicle is not a Federal action that would significantly 
affect the quality of the human environment within the meaning of the 
National Environmental Policy Act (NEPA). Therefore the preparation of 
an Environmental Impact Statement (EIS) is not required and AST is 
issuing a Finding of No Significant Impact (FONSI). The FAA made this 
determination in accordance with all applicable environmental laws.
    For a Copy of the Environmental Assessment or the FONSI Contact: 
Ms. Michon Washington, FAA Environmental Specialist, Mojave Airport EA, 
c/o ICF Consulting, 9300 Lee Highway, Fairfax, VA 22031, or refer to 
the following Internet address: http://ast.faa.gov.

DATES: The Draft EA was released for public comment on October 31, 
2003. In addition, the FAA held a public hearing on December 10, 2003 
in Mojave, California to collect comments from the public. All comments 
received before December 12, 2003 were considered in the preparation of 
the Final EA.
    Proposed Action: Launches of launch vehicles, such as XCOR's 
proposed launches of the Sphinx vehicle from the Mojave Airport, must 
be licensed by the FAA pursuant to 49 U.S.C. 70101-70121, formerly the 
Commercial Space Launch Act. Licensing the launch of a launch vehicle 
is a Federal action requiring environmental analysis by the FAA in 
accordance with NEPA of 1969, 42 U.S.C. 4321 et seq. Upon receipt of a 
complete license application, AST must decide whether to issue a launch 
license to XCOR for up to 35 launches of the Sphinx launch vehicle from 
the Mojave Airport. An environmental determination is required for the 
evaluation of a license application.
    The FAA is using the analyses in the Final EA as the basis for the 
environmental determination of the impacts of these launches to support 
the licensing decision for the launch of the Sphinx vehicle from the 
Mojave Airport.
    Concept B launch vehicles considered in the EA would use rocket 
power to take off from a standard aviation runway. This is the same 
type of operation proposed for operating the Sphinx launch vehicle. The 
EA considers the overall impacts to the environment of the proposed 
operations including the launch and landing of Concept B launch 
vehicles at the Mojave Airport. The EA considered both a small Concept 
B launch vehicle, which would use approximately 476 kilograms (1,050 
pounds) of propellant and a large Concept B launch vehicle, which would 
use approximately 4,763 kilograms (10,500 pounds) of propellant. The 
Sphinx vehicle is similar to the small Concept B vehicle described and 
analyzed in the EA.
    The Sphinx vehicle would consist of a single stage rocket power 
vehicle, powered by an engine fueled by liquid oxygen (LOX) and 
kerosene. The vehicle would launch horizontally from a runway at Mojave 
Airport and would likely fly east along a steep ascent trajectory until 
the propellants are expended. The vehicle would coast unpowered along a 
parabolic trajectory until reaching apogee. It would then coast down 
until pullout and glide to an emergency-management area between 10 and 
160 kilometers (six and 100 miles) downrange of the Mojave Airport 
where it may be necessary to conduct a series of maneuvers to expend 
excess energy before making a descent to the Mojave Airport. Upon 
reaching the Mojave Airport it may be necessary to conduct additional 
maneuvers to expend excess energy before performing an unpowered 
horizontal landing.
    In the unlikely event of an emergency landing, the Pilot in Command 
(PIC) would attempt to reach the primary abort site at the main runway 
at Edwards Air Force Base. However, any airport within gliding range 
with a runway at least 1,219 meters (4,000 feet) long would be a 
candidate for an emergency landing location.

Environmental Impacts

Safety and Health

    A hazard analysis is a necessary part of the Mission and Safety 
Review for the FAA licensing determination to assess the possible 
hazards associated with proposed ground, flight, and landing 
operations. Launches of the Sphinx launch vehicle from the Mojave 
Airport would require launch specific licenses from the FAA and the 
launch applicant would be required to conduct risk analyses based on 
the proposed mission profiles. The Mission and Safety Review will 
consider these analyses and, therefore, they were not discussed in 
detail in the EA. However, analysis of the safety and health 
implications of launch related operations and activities that have the 
potential for environmental impact were considered in the EA.
    There would be some vapors of various propellants released from 
propellant storage/transfer operations through evaporative losses. 
However, such vapors would be vented outside and at a height that would 
provide adequate protection for personnel, buildings, and the 
environment. Also, the total quantity of emissions would

[[Page 22585]]

not occur as a large acute (short-term) exposure, but would occur as a 
slow vapor release over a long period of time. There is also the 
concern of spills of propellants during handling and loading operations 
and subsequent fire or explosion. However, the Mojave Airport has 
established practices and procedures to handle the spills and releases 
of propellants.
    Increased road traffic that would result from conducting the 
proposed launch operations at the Mojave Airport would only add a few 
cars/trucks above existing traffic loads. However, the increase in the 
number of shipments of hazardous materials should not significantly 
increase the number of traffic accidents on the roadways around the 
Mojave Airport.
    On-site work associated with launch operations would be similar to 
that associated with industrial chemical operations. Exposure to 
mechanical accidents should not differ significantly from current 
levels for the Mojave Airport because the number of operations 
associated with the conduct of launch operations would be relatively 
small given the number of operations airport wide.
    In a catastrophic accident, it would be likely that the crew would 
be seriously injured or killed. At the Airport, the on-site fire 
department could respond, secure the site, but would stay clear of the 
immediate area until the danger of explosion diminishes. It is expected 
that any fires resulting from a failure could be handled by the fire 
department. Additional off-site emergency response capability could 
also be used if necessary.

Air Quality

    Air quality impacts associated with Concept B launch operations 
were examined in terms of air emissions from launch/landing operations 
and from routine launch preparation operations. The air quality at the 
Mojave Airport in Eastern Kern County is in Federal non-attainment 
(serious) and State non-attainment (moderate) for ozone, and non-
attainment for PM10 (California standards only). A Federal 
agency cannot support an action (e.g., fund, license) unless the 
activity will conform to the Environmental Protection Agency-approved 
State Implementation Plan for the region. This is called a conformity 
determination or analysis. A conformity analysis may involve performing 
air quality modeling and implementing measures to mitigate the air 
quality impacts. The Federal government is exempt from the requirement 
to perform a conformity analysis if two conditions are met.
     The ongoing activities do not produce emissions 
above the de minimis levels specified in the rule.
     The Federal action must not be considered a 
regionally significant action. A Federal action is considered 
regionally significant when the total emissions from the action equal 
or exceed 10 percent of the air quality control area's emissions 
inventory for any criteria pollutant.
    Air analyses indicated that nitrogen oxides (NOX) and 
volatile organic compound (VOC) emissions are less than 0.01 metric 
tons (0.01 tons) per year and less than 2.2 metric tons (2.4 tons) per 
year, respectively. These would not be above the de minimis level of 
45.4 metric tons (50 tons) per year. In addition, the total emissions 
from the proposed action represent less than 0.0001 percent of the 
area's emissions inventory for NOX and 0.05 percent of the 
area's emissions inventory for VOC, and therefore, are not regionally 
significant. Based on these data, there is no need for a Federal 
conformity analysis, there would be no exceedances of the NAAQS, and 
therefore no significant impacts to air quality are anticipated.
    The air emissions from the Sphinx launch operations would be 
primarily from the rocket motor. The propellants are LOX and kerosene. 
Possible emissions would include carbon monoxide (CO), carbon dioxide 
(CO2), hydrogen (H2), and water (H2O). 
The only criteria pollutant among these is CO, and Kern County is in 
attainment for CO.
    The analysis considered emissions in two categories, above 914 
meters (3,000 feet) and below 914 meters (3,000 feet). The 914 meter 
(3,000 feet) altitude is an appropriate cutoff because the Federal 
government uses 914 meters (3,000 feet) and below for contributions of 
emissions to the ambient air quality and for de minimis calculations.
    For 35 flights of the Sphinx vehicle, a total of 3,266 kilograms 
(7,200 pounds) of CO would be emitted at altitudes below 914 meters 
(3,000 feet). This would occur over two years and would not exceed the 
de minimis level of 45.4 metric tons (50 tons) per year; therefore, no 
Federal conformity analysis would need to be conducted.
    Emissions above 914 meters (3,000 feet) were also considered to 
determine other environmental impacts such as global warming and ozone 
depletion. Approximately 52,676 kilograms (116,130 pounds) of 
CO2 would be released from 35 launches of the Sphinx vehicle 
over the two-year period. In comparison, CO2 emissions in 
the PEIS for Licensing Launches (DOT, 2001) from commercial launches 
were estimated to be much greater than for this proposed action 
(approximately 4,536 metric tons per year (5,000 tons per year)). No 
significant impact due to global warming or ozone depletion was found 
in the PEIS for Licensing Launches and, therefore, no significant 
impact would be expected from launches of the Sphinx launch vehicle.
    Emissions would also occur from support equipment used during 
ground operations. This could include relatively few trucks and 
equipment; therefore, few emissions would be expected from their use. 
Air emissions may be generated during fueling the launch vehicle and 
storage of additional fuels. For flight of the Sphinx vehicle, 345 
kilograms (760 pounds) of LOX and 136 kilograms (300 pounds) of 
kerosene would be needed per flight. This would equal 12,075 kilograms 
(26,600 pounds) of LOX and 4,760 kilograms (10,500 pounds) of kerosene 
for 35 flights. This amount represents a relatively small increase in 
annual propellant usage at the airport and, therefore, the emissions 
from storage and dispensing as a result of activities related to the 
proposed launch operations would not be significant.

Airspace

    Conducting a maximum of 35 launches of the Sphinx vehicle over a 
24-month period would have no significant impacts on airspace. 
Conducting 10 launches in 2005 would result in a 0.05 percent increase 
and conducting 25 launches in 2006 would result in a 0.14 percent 
increase in activity at the Mojave Airport. Established protocols 
including Letters of Authorization (LOA) would be used with the R-2508 
Complex. The Mojave Airport and several of its tenants have LOAs with 
the R-2508 Complex Control Board and the managers of individual 
restricted areas within the R-2508 Complex to operate within the 
various individual restricted areas (including R-2515). Any flights 
into the R-2508 Complex that are part of the proposed action that would 
create a significant impact to military activities would be prohibited 
by the scheduling and controlling agencies. Thus, the proposed action 
would not result in long-term changes to military operations or 
training within restricted airspace. There would be a minimal impact on 
surrounding airspace given the small number of launches.

Biological Resources

    The Sphinx launch vehicle would land at a designated runway at the 
Mojave Airport. The runways are

[[Page 22586]]

routinely used for take-offs and landings by other aircraft, and no 
construction activities would be required to support launch operations. 
Because no development activities are planned, no adverse effects to 
vegetation, including Joshua trees and creosote scrub, are anticipated.
    Launches of the Sphinx would not result in the loss of habitat, 
conflict with the provisions of any adopted Habitat Conservation Plan, 
Natural Community Conservation Plan, or other approved local, regional, 
or state habitat conservation plans. The desert tortoise, which is a 
U.S. Fish and Wildlife Service federally-listed, threatened wildlife 
species, has historically occurred throughout the region and has 
limited potential to occur almost anywhere within the Mojave Specific 
Plan area. Critical habitat for the desert tortoise has been designated 
in the region of influence for this proposed action. The FAA initiated 
informal consultation with the U.S. Fish and Wildlife Service under 
Section 7 of the Endangered Species Act. After review of potential 
impacts, the FAA determined and the U.S. Fish and Wildlife Service 
concurred, that the proposed action is not likely to affect listed 
species or critical habitat. Launches of Sphinx vehicles would not have 
a potential for adverse effect on any federally-listed threatened or 
endangered species.
    The breakup of the launch vehicles during a crash and subsequent 
recovery activities could directly impact biological resources in the 
region of influence through ground disturbance. Also, if falling debris 
hit specific species on the ground, those resources would likely be 
destroyed. However, because it is unlikely that a crash would occur, 
impacts to biological resources as a result of vehicle crash would not 
be anticipated.
    The launch vehicles may cause sonic booms in the region, which 
could impact wildlife. Noise levels generated during sonic booms would 
be short-term and overall predicted noise levels would not exceed 
ambient noise levels in residential areas. However, there is potential 
for C-weighted sound exposure levels above the acceptable threshold for 
ambient conditions, which is 61 dB. The brief sonic boom noise could 
elicit a short-term startle response in wildlife but no long-term 
adverse impacts are expected. In general, these noise levels would be 
significantly less than those produced by existing aircraft in the 
region and launches would occur infrequently over the course of a year. 
Therefore, these short-term noise impacts would be less than 
significant.

Cultural Resources

    Because there are no sites listed or eligible for listing on the 
National Register of Historic Places within the community of Mojave and 
no construction activities would occur as part of the proposed action, 
no adverse effects on National Register of Historic Places sites would 
be anticipated.
    The breakup of launch vehicles during a crash and subsequent 
recovery activities could directly impact cultural resources on the 
ground. These resources may be located above-or below-ground and may be 
known or unknown. If falling debris hit specific assets on the ground, 
those resources would likely be destroyed. Crash cleanup activities 
could also disturb nearby resources. However, because it is unlikely 
that a crash would occur, and cultural resources are widely dispersed 
throughout the region, impacts to a cultural site as a result of a 
vehicle crash would not be anticipated.
    Pursuant to 36 CFR part 800, the FAA requested the views of the 
California State Historic Preservation Officer (SHPO) on any further 
actions to identify historic properties or properties that may be 
listed in the National Register of Historic Places. Per the SHPO's 
recommendations, the FAA identified information on historic properties 
that are listed or are eligible for listing on the National Register of 
Historic Places. Based on the FAA's review of the proposed action under 
Section 106 of the National Historic Preservation Act, the FAA 
determined that the project would have no adverse effect on historic 
properties. The SHPO concurred with the FAA's determination and 
consultation concluded.

Geology and Soils

    Launches of the Sphinx vehicle would have less than significant or 
no impact on soils. In terms of ground clouds from the combustion of 
propellants, Sphinx would create a ground cloud that would disperse as 
the vehicle moves along the runway. Additionally, the Sphinx vehicle 
would use liquid propellants, which create a ground cloud with fewer 
impacts to soils than solid propellant motors. Therefore, no 
significant impacts would be expected to soils.
    There would be no loss of known mineral resources or availability 
of a locally important mineral resource recovery site identified in a 
land use plan. There would be no impact on existing seismic risk, 
including rupture of a ground fault, ground shaking and ground failure, 
including liquefaction. There would be no impact on existing landslide 
and erosion risk.

Hazardous Materials and Hazardous Waste Management

    For the Sphinx vehicle, the primary hazardous materials used would 
be propellants. The propellants used are relatively inert and would be 
stored at the Mojave Airport. In addition to propellants, it is 
anticipated that minor amounts of other hazardous materials, such as 
paint, oils and lubricants, and solvents, would be used. All 
propellants and other hazardous materials would be stored and used in 
compliance with the regulations applicable to their storage and use, 
and already in place at Mojave Airport. No adverse impacts would be 
anticipated from these additional hazardous materials.
    The Sphinx vehicle would use LOX and kerosene as propellants. 
Kerosene is interchangeable with Jet Fuel, which is already used 
without adverse impact at the Mojave Airport. LOX would be stored in 
dewars (large cooled pressurized containers, with insulation to ensure 
that oxygen remains in liquid form).
    If additional storage capacity is required to support Sphinx 
operations, tank trucks with the capacity to hold 28,123 kilograms 
(62,000 pounds) or 34,826 liters (9,200 gallons) could be used as 
short-term temporary storage. The proposed tanks trucks would be parked 
between existing buildings on the Mojave Airport within a fenced area 
and would meet all established explosive quantity distance safety 
requirements. Overall, there would be no significant Hazardous 
Materials and Hazardous Waste Management impacts anticipated from the 
launch of Sphinx launch vehicles from the Mojave Airport.

Land Use

    No significant impacts to land uses would occur either at the 
Mojave Airport or within the region of influence as a result of the 
proposed action. No farmlands or agricultural use lands are located on 
the Mojave Airport. No prime farmland, unique farmland, farmland of 
state importance, or general farmland either at the Mojave Airport or 
within the region of influence would be converted to a non-agricultural 
use as a result of the proposed action. No conflicts with existing 
agricultural uses or Williamson contracts would occur as a result of 
the proposed action. No parks or recreational facilities are located on 
the Mojave Airport. The launch of the Sphinx vehicle from the Mojave 
Airport would not change the existing land use and would not impact the 
preservation

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of the natural beauty of the countryside, public parks, recreation 
lands, wildlife and waterfowl refuges, or historic sites as specified 
in Section 4(f) of the U.S. Department of Transportation Act of 1966.

Noise

    Sphinx vehicle flight procedures would occupy the Mojave Airport 
for four minutes during launch and four minutes during landing. Because 
landings of these vehicles would be unpowered, noise levels for the 
landing of the launch vehicle would be insignificant and were not 
considered in the noise analysis. The amount of noise produced by an 
engine is related to several factors including the thrust produced by 
the engine. The F-4 jet aircraft with afterburners used at the Mojave 
Airport has a thrust of 79,623 Newtons (17,900 pounds); this 
corresponds to a maximum A-weighted sound level of 109.7 at a distance 
of 305 meters (1,000 feet). Concept B launch vehicles were assumed to 
have a maximum thrust of 8,010 Newtons (1,800 pounds), which is 
significantly lower than the thrust of the F-4 jets currently flown at 
the airport. It is therefore anticipated that the noise levels produced 
by the launch of the Sphinx launch vehicle would be lower than the 
noise levels produced by aircraft already in use at the Mojave Airport. 
Because the Mojave Airport currently experiences high intensity noise 
levels due to military jet flights and stationary rocket testing, and 
because the additional high intensity noise level would be 
insignificant, impacts to noise levels during launches at the Mojave 
Airport would be insignificant.
    A DoD study has shown the noise effects of ten daytime sonic booms 
at an overpressure of 47.88 Newtons per square meter (1 pound per 
square foot) everyday for a year would yield an outdoor accumulated 
noise level equal to an Ldn of 65 dBA. This study result can 
be used to define the maximum allowance for the number of daytime sonic 
boom events per day (10 events per day) to reach the Ldn 65 
dBA noise standard limit. This assumes the estimated sonic boom 
overpressure is within the same order of magnitude, 47.88 Newtons per 
square meter (1 pound per square foot), as those to be generated by the 
vehicle.

Socioeconomic Impacts and Environmental Justice

    The proposed action would not be expected to displace people or 
decrease the population in the community of Mojave and, therefore, no 
impacts to population are expected from the proposed action. The 
proposed action would not result in any jobs being eliminated at the 
Mojave Airport and, therefore, no impacts to employment are expected 
from the proposed action. The proposed action would not result in the 
elimination of any jobs and, therefore, would not have any negative 
impacts on the community of Mojave. Any increase in the number of 
people accessing Mojave as a result of the proposed action would be 
limited to launch participants and launch spectators. The proposed 
action would not displace people from their existing housing or bring 
an influx of people to the region to seek housing thereby necessitating 
the construction of housing elsewhere. There would not be a large 
influx of workers to the Mojave Airport; under normal launch and 
landing procedures, additional on- or off-site public or emergency 
services, including firefighters, security, or medical services would 
not be required.
    Noise levels from the Sphinx vehicle would be significantly less 
than those experienced from existing vehicles in the region and would 
occur infrequently over the course of a year. Therefore, no impacts to 
environmental justice communities are expected from the proposed 
action.

Transportation

    Launches of the Sphinx vehicle would be expected to add 30 surface 
passenger vehicles in 2005 and 75 surface passenger vehicles in 2006 
(assuming 3 cars per each launch). Existing access roads could easily 
handle this level of passenger vehicle traffic.
    Under the proposed action, additional propellants would be 
delivered to the Mojave Airport to support flights of the Sphinx 
vehicle. For flight of the Sphinx vehicle, approximately 340 kilograms 
(750 pounds) of LOX and 136 kilograms (300 pounds) of kerosene would be 
needed per flight. Each kerosene truck would carry 28,123 kilograms 
(62,000 pounds) and each LOX truck would carry 17,418 kilograms (38,400 
pounds). One kerosene truck and one LOX truck would be needed to 
deliver the required propellants for 35 launches of the Sphinx launch 
vehicle. The Mojave Airport estimates that there are currently 264 
propellant truck deliveries annually. Therefore, there would be no 
additional congestion or decline in level of service from the addition 
of delivery trucks for Sphinx launches.

Visual and Aesthetic Resources

    The proposed action would have no significant visual impacts. The 
Sphinx launch vehicle would resemble traditional airplanes while in 
flight, and the visual landscape already includes airplanes in flight. 
The launch vehicles would leave visible contrails, but they would be 
similar in visual impact to contrails from existing operations. Because 
this area is already used for takeoffs and landings of airplanes, the 
visual sensitivity is low. The proposed action would not substantially 
degrade the existing visual character or quality of the site and its 
surroundings and would have no adverse effect on a scenic vista or 
scenic resources, as there are none in the area.

Water Resources

    No significant impacts to on- or off-site water resources would 
occur as a result of the proposed action. Because no construction or 
expansion to existing on- or off-site facilities would occur, the 
proposed action would not cause impacts to existing drainage patterns 
that would result in increased erosion, siltation, or off-site 
flooding.
    No significant increases in the need for utilities and service 
systems in the Community of Mojave would occur due to the proposed 
action. Utilities and service systems in the region of influence 
outside of the Mojave community would not be impacted by the proposed 
action. In the case of a catastrophic event, debris and wreckage from 
the launch vehicles could impact utilities or their infrastructure. 
However, because of the small size of the launch vehicle, the low 
probability of a catastrophic accident, and the extensive emergency 
response and clean-up procedures in place at the airport, the impacts 
would be insignificant.

Cumulative Impacts

    The proposed action would not exceed de minimis levels for criteria 
pollutants and the percent of the air quality control areas emissions 
inventory for any criteria pollutant. There would be no emissions that 
directly affect ozone depletion. No significant cumulative impacts to 
air quality are expected.
    Because of the volume of air traffic that utilizes this area 
already and the structured scheduling procedures in place for joint-use 
of the R-2508 Complex, the proposed action would have no significant 
cumulative effects on airspace.
    In the EA for the Orbital Reentry Corridor for Generic Unmanned 
Lifting Entry Vehicle Landing at Edwards AFB, the USAF considered up to 
12 flights per year. Currently an average of two military jet aircraft 
take off and/or land

[[Page 22588]]

at the Mojave Airport per day. These military aircraft can produce 
sonic booms. Even in the worst case scenario, i.e., one launch from the 
Mojave Airport, one launch of the proposed Unmanned Lifting Entry 
Vehicle from Edwards AFB, and two jet aircraft take offs or landings 
from the Mojave Airport, there would not be more than 10 sonic booms 
generated per day in the region of influence. Therefore, there would be 
no significant cumulative impacts to noise from the proposed action.
    No significant cumulative impacts to biological, cultural, land 
use, socioeconomics, environmental justice, transportation, geologic, 
mineral, visual and aesthetic, or water resources would occur as a 
result of the proposed action. No significant cumulative impacts would 
result from hazardous materials or hazardous waste used or produced as 
a result of the proposed action.
    Detailed analyses of safety and related issues will be addressed in 
the FAA's Mission and Safety Review prior to issuing a launch license. 
However, safety and health analyses of operations that have the 
potential for environmental impact were considered in the EA and were 
determined to have no significant cumulative impacts on the 
environment.
    Although the proposed action would support and facilitate limited 
growth, it would not induce growth. Additionally, there would be no 
specific future development activities currently known that would be 
dependent on the proposed action. Therefore no secondary impacts are 
expected to result from the proposed action.

No Action Alternative

    Under the no action alternative, the FAA would not issue a launch 
license to XCOR for up to 35 launches of the Sphinx launch vehicle from 
the Mojave Airport. XCOR could continue to conduct aviation-related 
activities that do not require a launch license. The predicted 
environmental effects of the proposed action would not occur. The 
existing on- and off-site conditions at the Mojave Airport would remain 
unchanged.

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 of NEPA and other 
applicable environmental requirements and 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.

    Dated: April 19, 2004.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 04-9393 Filed 4-23-04; 8:45 am]
BILLING CODE 4910-13-P