[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Pages 65961-65963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21746]


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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 of No Significant 
Impact; Notice.

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SUMMARY: On May 23, 2005, the FAA Office of Commercial Space 
Transportation (AST) received an application for a launch license from 
Space Exploration Technologies, Inc. (SpaceX) to conduct launches of 
its Falcon 1 launch vehicle from Omelek Island, U.S. Army Kwajalein 
Atoll/Ronald Reagan Ballistic Missile Test Site (USAKA/RTS). The FAA 
participated as a cooperating agency with the U.S. Army Space and 
Missile Defense Command (USASMDC) in preparation of the Environmental 
Assessment (EA) for the Proof-of-Principle Space Launches from Omelek 
Island (February 2005). The EA analyzed the environmental consequences 
of conducting two proof-of-principle launches of the Falcon 1 Launch 
Vehicle from Omelek Island, USAKA/RTS. From its independent review and 
consideration, the FAA has determined that the FAA's proposed action is 
substantially the same as the actions already analyzed in the USASMDC 
EA and that FAA's comments and suggestions have been satisfied (see 
1506.3(c) and FAA Order 1050.1E, 518h). The FAA formally adopts the EA 
and hereby incorporates the analysis to support its decision on this 
license application.
    After reviewing and analyzing currently available data and 
information on existing conditions, project impacts, and measures to 
mitigate those impacts, the FAA has determined that licensing the 
proposed launch activities 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 the FAA 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:  A 
copy of the EA is available at: http://www.smdcen.us/pubdocs/files/spacex_ final--ea-- signed--fnsi-- 13dec04.pdf. Questions or comments 
should be directed to Ms. Stacey Zee; FAA Environmental Specialist; 
Federal Aviation Administration; 800 Independence Ave., SW.; AST-100, 
Suite 331; Washington, DC 20591; (202) 267-9305.

Background

    Launches of launch vehicles, such as SpaceX's proposed launches of 
the Falcon 1 launch vehicle from Omelek Island, must be licensed by the 
FAA pursuant to 49 U.S.C. Sections 70101-70121, 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, 42 U.S.C. Sec. 4321 et seq. Upon receipt of a complete license 
application, the FAA must decide whether to issue a launch license to 
SpaceX for launching the Falcon 1 launch vehicle from Omelek Island, 
USAKA/RTS. An environmental determination is required for the 
evaluation of a license application. The FAA is using the analyses in 
the USASMDC EA as the basis for the environmental determination of the 
impacts to support licensing the Falcon launch vehicle from Omelek 
Island.

Proposed Action

    SpaceX is proposing to launch the Falcon 1 launch vehicle from 
Omelek Island, USAKA/RTS. The Falcon is a small, unmanned, two-stage 
launch vehicle designed to put small payloads into orbit. It uses 
liquid oxygen (LOX) and kerosene as propellants. The first 
stage, which is reusable, uses a parachute and would be recovered. The 
second stage is not reusable and is not intended to be recovered.
    The issuance of a FONSI does not guarantee that a license will be 
issued by the FAA for the launch of the Falcon 1 launch vehicle. 
However, if a license is issued, SpaceX would be authorized to launch 
the Falcon 1 launch vehicle carrying a Razaksat Satellite built by 
ATSB. The Razaksat Satellite (formerly known as MACSAT) is an Earth 
observation spacecraft containing a medium aperture camera. It would be 
launched on a 90-degree azimuth to an orbit of 685 kilometers (426 
miles).
    The USASMDC EA considered four alternative site locations for the 
facilities to be constructed at Omelek Island. These alternatives are 
no longer under consideration because a final launch site has been 
selected. Under the No Action Alternative, the Falcon 1 launch vehicle 
would not be launched from Omelek Island.

Environmental Impacts

    The following presents a brief summary of the environmental impacts 
considered in the USASMDC EA. The USASMDC EA is incorporated by 
reference in this FONSI and the FAA's FONSI is based upon the impacts 
discussed in that EA. Land Use, socioeconomics, environmental justice, 
and aesthetics were not discussed in the USASMDC EA. Based on the 
original analysis, it was determined that there would be no significant 
impacts to land use or aesthetics because Omelek Island would remain 
under U.S. Army management and would continue to be used for missile 
research. There would be no impacts to socioeconomics or environmental 
justice, because except for base personnel, the island is uninhabited. 
The project would only require a few existing base personnel and 20 
SpaceX personnel and would not cause any impact to off base or low-
income populations.
    Air Quality: Falcon launches would have only a localized, minimal 
impact on air quality. Long-term effects are not expected because the 
launches would be infrequent and the resulting emissions would be 
rapidly dispersed and diluted by trade winds. Regional air quality and 
ambient air quality standards would not be impacted by launches of the 
Falcon 1 vehicle.
    Airspace: USAKA/RTS is located under international airspace and 
therefore, has no formal airspace restrictions governing it. However, 
the Omelek launch site is approximately 35 kilometers (22 miles) north 
of Bucholz Army Airfield and Falcon launches

[[Page 65962]]

could potentially impact flight patterns for military aircraft in the 
area. SpaceX would coordinate Falcon 1 launches with the USAKA/RTS 
Commander, which would include scheduling launches to avoid airspace 
conflicts.
    Biological Resources: Disturbances to vegetation and wildlife 
during Falcon launches would be minimal and brief. Based on existing 
analyses of prior and current launches within the region, launch 
disturbances on migratory birds, threatened or endangered species and 
other wildlife would be minimal. There is a very small possibility that 
debris or booster drops could impact migratory whales or sea turtles; 
however, the majority of the potential impact area is open-ocean, where 
the probability of impacting a species would be very low.
    Potential habitat for sea turtles on Omelek includes sandy beaches 
along the southern and northern tips of the island and the area of the 
lagoon shoreline from the northern tip of the island south to the north 
jetty. Personnel would be instructed to avoid all contact with sea 
turtles or turtle nests that might occur within the area. On the day of 
the launch or the day before, SpaceX or USAKA/RTS personnel would fence 
the beach 100 meters (328 feet) on either side of the launch site just 
above the wave surge area at a sufficient height to prevent sea turtles 
from hauling out at this area and thus would prevent a take during a 
nominal launch. No site preparation activities would take place 
offshore, and thus marine mammals would not be affected.
    No impacts are expected to vegetation since sufficient open space 
should exist around the launch site to absorb ground effects without 
directly impacting surrounding vegetation.
    Cultural Resources: Personnel involved in launch and other 
operational activities would follow USAKA Environmental Standards (UES) 
requirements in handling or avoiding any cultural resources uncovered 
during operational or monitoring activities. This would include ongoing 
consultation with the Republic of the Marshall Islands Historic 
Preservation Officer on any cultural resource issues encountered during 
operations. In addition, no historic World War II or significant Cold 
War features have been identified on Omelek. Therefore, no significant 
impacts to cultural resources are anticipated.
    Geology and Soils: Falcon 1 launch vehicle emissions would consist 
mainly of carbon monoxide, carbon dioxide, hydrogen and water and would 
not result in any impacts to geology or soils. There would be a slight 
risk of soil contamination from accidental spills of propellants or 
premature flight termination; however, this risk would be minimized 
because emergency response personnel would comply with the Hazardous 
Waste Management Plan and Hazardous Materials Contingency Plan prepared 
by SpaceX and the Kwajalein Environmental Emergency Plan.
    Hazardous Materials and Waste: Materials proposed for use as a 
result of the Proposed Action are similar to hazardous materials 
already in use for other operations at USAKA/RTS. New hazardous 
materials would represent only a small increase in the total amount of 
materials handled and could easily be accommodated by existing 
hazardous materials management systems. Hazardous waste management at 
USAKA/RTS would continue to be performed in accordance with the UES, 
which requires shipment of hazardous waste back to the Continental 
United States for treatment and/or disposal; therefore, there would not 
be a significant impact.
    Health and Safety: Launches of the Falcon 1 vehicle from Omelek 
Island would comply with all UES and USAKA/RTS Range Safety 
Requirements. This includes performing flight safety studies, 
coordinating launches with the Range Safety Officer and evacuating the 
uninvolved public from the launch hazard area prior to any launch. In 
addition, as part of their launch operator license application, SpaceX 
has developed a number of safety procedures for Falcon 1 launches.
    Marshallese individuals who have permission to stay temporarily on 
Omelek while fishing from adjacent islands would be asked by the USAKA/
RTS Commander to evacuate the launch hazard area once the Falcon 1 
rocket has been brought to the island. The Marshallese could resume 
their habitation once launch activities have been accomplished and the 
associated facilities secured. Access to Omelek would be limited to all 
but mission essential persons and personnel would be evacuated from the 
island prior to launch. There is no expected significant impact to 
health and safety.
    Infrastructure: The USASMDC EA found that there would be no impacts 
to infrastructure from constructing and operating the Falcon 1 launch 
program on Omelek Island. However, for this document, the FAA is 
analyzing only the licensing of Falcon launches and no construction or 
upgrades to roads or utilities would be required under the Proposed 
Action. Therefore, there would be no impacts to infrastructure from 
Falcon 1 launch operations at Omelek Island.
    Noise: Falcon 1 pre-launch and launch operations on Omelek Island 
would result in only temporary noise impacts. The island has been 
developed solely as a launch support facility and there are no 
inhabited islands within 21 kilometers (13 miles) of the site. SpaceX 
personnel would be evacuated from the island prior to launch and would 
not be impacted by the launch. The Falcon 1 launch vehicle would reach 
supersonic speeds at an altitude of approximately eight kilometers 
(five miles) over the open ocean and the resultant sonic boom would not 
adversely impact any surrounding USAKA islands. Wildlife near the 
launch site would be temporarily impacted by noise generated during 
launch operations; however, the level of disturbance would be minimal 
due to the temporary and infrequent nature of launch operations.
    Water Resources: There is the potential for carbonic acid (a mild 
acid similar to that in a carbonated beverage) to be produced during 
launch from the reaction of carbon dioxide in the exhaust plume and 
water. This carbonic acid would be expected to rapidly evaporate and 
would have a similar pH to that of rainwater; therefore, no impacts to 
water resources would be expected to occur from launch emissions.
    There is the potential for an accidental propellant spill or 
premature flight termination to result in released propellant 
contaminating water resources. This risk, however, would be minimized 
through compliance with the Hazardous Materials Contingency Plan and 
Hazardous Waste Management Plan prepared by SpaceX and the Kwajalein 
Environmental Management Plan.
    Cumulative Impacts: The proposed action would not occur at the same 
time as other programs such as Ground-Based Midcourse Defense or 
Minuteman III planned for the region. Launches are short-term, discrete 
events, thus allowing time between launches for emission products to be 
dispersed and minimizing the potential for impacts to airspace users, 
biological resources, and public health and safety. No significant 
cumulative impacts are expected to air quality, airspace, biological 
resources, cultural resources, geology and soils, hazardous materials 
and waste, health and safety, infrastructure, noise, and water 
resources.
    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

[[Page 65963]]

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 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 EIS for the proposed action is not required.

    Issued on October 25, 2005 in Washington, DC.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 05-21746 Filed 10-31-05; 8:45 am]
BILLING CODE 4910-13-P