[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Notices]
[Pages 3915-3917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-757]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Associate Administrator for Commercial Space Transportation; 
Notice of Intent To Prepare an Environmental Impact Statement (EIS) and 
Conduct Public Scoping Meetings

AGENCY: The Federal Aviation Administration (FAA), Associate 
Administrator for Commercial Space Transportation (AST) is the lead 
Federal agency. The Bureau of Land Management (BLM) is a cooperating 
agency. The FAA will ask the U.S. Department of the Army to participate 
as a cooperating agency.

ACTION: Notice of Intent.

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SUMMARY: This Notice provides information to Federal, State, and local

[[Page 3916]]

agencies, affected Native American tribes, and other interested persons 
regarding the FAA's intent to prepare an environmental impact statement 
(EIS) for the New Mexico Economic Development Department's (NMEDD's) 
proposal to develop and operate a commercial launch site near Upham, 
New Mexico. The FAA 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.), the Council on Environmental Quality 
Regulations for Implementing the Procedural Provisions of NEPA (40 Code 
of Federal Regulations (CFR) parts 1500-1508), and FAA Order 1050.1E, 
Environmental Impacts: Policies and Procedures, as part of its 
licensing process for the proposed launch site. The BLM will 
participate in this NEPA process as a cooperating agency; the FAA will 
ask the U.S. Army White Sands Missile Range to participate as a 
cooperating agency.
    Under the proposed action, the FAA would issue a launch site 
operator license to the NMEDD to operate a launch facility at the 
proposed site, termed the Southwest Regional Spaceport. The launch site 
operator license would authorize the NMEDD to operate a launch facility 
to support launches of horizontally and vertically launched, suborbital 
rockets.\1\ The vehicles proposed to be launched from the Southwest 
Regional Spaceport may carry space flight participants,\2\ scientific 
experiments or other payloads.\3\ The issuance of a launch site 
operator license does not permit the NMEDD to conduct launches, only to 
offer the facility and infrastructure to launch operators. All 
individual launch operators would be subject to separate FAA licensing 
or permitting.
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    \1\ A suborbital rocket is a vehicle, rocket-propelled in whole 
or in part, intended for flight on a suborbital trajectory, and the 
thrust of which is greater than its lift for the majority of the 
rocket-powered portion of its ascent. (49 U.S.C 70102(19)) 
Suborbital trajectory is the intentional flight path of a launch 
vehicle, reentry vehicle, or any portion thereof whose vacuum 
instantaneous impact point (IIP) does not leave the surface of the 
Earth.
    \2\ `Space flight participant' means an individual who is not 
crew, carried within a launch vehicle or reentry vehicle.
    \3\ Payload is the item that an aircraft or rocket carries over 
and above what is necessary for the operation of the vehicle in 
flight.
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    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) 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 CFR 420.43)

SUPPLEMENTARY INFORMATION:

Background

    The FAA is preparing an EIS to analyze the environmental impacts of 
the NMEDD's proposed operation of a launch facility near Upham, New 
Mexico. The proposed site is located approximately 45 miles north of 
Las Cruces, New Mexico. The EIS will consider the environmental impacts 
of the construction of facilities, ground activities (e.g., component 
testing, transportation and storage of propellants and explosives, 
etc.), pre-flight vehicle and payload preparation activities, launch, 
and landing/recovery operations.
    The successful completion of the environmental review process does 
not guarantee that the FAA would issue a launch site operator license 
to the NMEDD. The project also must meet all FAA safety, risk, and 
indemnification requirements. A license to operate a launch site does 
not guarantee that a launch license or experimental permit would be 
granted for any particular launch proposed for the site.

Proposed Action

    The proposed action is for the FAA to issue a launch site operator 
license to the NMEDD that would allow the NMEDD to operate the 
Southwest Regional Spaceport for both horizontal and vertical 
suborbital launches. Nominally, the rockets would return and land 
within the Southwest Regional Spaceport or adjacent areas. Contingency 
landings may occur on lands administered by BLM.
    As part of the proposed action, the NMEDD proposes to construct a 
vertical launch area, airfield, spectator area, landing and recovery 
area, and access road. The vertical launch area would include: Storage 
areas for explosives and propellants, three launch pads, two vehicle 
assembly areas, launch control building, and office areas. The airfield 
would include prevailing and cross wind runways, and a horizontal 
launch hangar. The spectator area would include parking and viewing 
areas. These facilities would be constructed on State property. 
Development of access and supporting utility infrastructure for the 
Southwest Regional Spaceport may occur on lands administered by the 
BLM. The impacts of all construction activities will be analyzed in 
this EIS.
    In order to address the range of launch vehicles that could be 
launched from the proposed facility, the EIS will consider three types 
of horizontally launched concept vehicles and three types of vertically 
launched concept vehicles. The horizontal concept vehicles include:
     Concept H1 vehicles--These vehicles use jet-powered take 
off with subsequent rocket engine ignition and powered horizontal 
landing.
     Concept H2 vehicles--These vehicles use rocket-powered 
take off and flight and unpowered horizontal landing.
     Concept H3 vehicles--These vehicles are carried aloft via 
assist aircraft with subsequent rocket engine ignition and unpowered 
horizontal landing.
    The vertical concept vehicles include:
     Concept V1 vehicles--These vehicles consist of a single-
stage rocket in which the rocket stage and payload or crew/passenger 
modules return separately to Earth by parachute.
     Concept V2 vehicles--These vehicles consist of a single-
stage rocket in which the rocket stage returns to Earth by parachute 
and the crew/passenger module returns with a powered or unpowered 
horizontal landing.
     Concept V3 vehicles--These vehicles consist of a single-
stage rocket with rocket-powered vertical landing.

Alternatives

    Alternatives under consideration include issuance of a launch site 
operator license to the NMEDD for the operation of a launch site to 
support
     Horizontal launch concept vehicles only,
     Vertical launch concept vehicles only, or
     A subset of the concept vehicles.
    Based on comments received during the scoping period, the FAA may 
propose additional alternatives. The EIS will also analyze the no 
action alternative.

Scoping Meetings

    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 scoping meeting will be held on February 15 at 6:30 p.m., at 
the Truth or Consequences City Council Chambers, 405 West 3rd St. in 
Truth or Consequences, New Mexico. The second scoping meeting

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will be held on February 16, at 6:30 p.m., at the Physical Sciences 
Laboratory Auditorium, New Mexico State University in Las Cruces, New 
Mexico.

DATES: The FAA invites interested agencies, organizations, Native 
American tribes, and members of the public to submit comments or 
suggestions to assist in identifying significant environmental issues 
and in determining the appropriate scope of the EIS. The public scoping 
period starts with the publication of this notice in the Federal 
Register. To ensure sufficient time to consider issues identified 
during the public scoping period, comments should be submitted to Ms. 
Stacey M. Zee by one of the methods listed below no later than March 3, 
2006.

ADDRESSES: Comments, statements, or questions concerning scoping issues 
or the EIS process should be mailed to Ms. Stacey M. Zee, FAA 
Environmental Specialist, Southwest Regional Spaceport EIS c/o ICF 
Consulting, 9300 Lee Highway, Fairfax, VA 22031. Comments can also be 
sent by e-mail to [email protected] or by fax to (703) 934-3951.

    Dated: January 13, 2006.
Herbert Bachner,
Manager, Space Systems Development Division.
 [FR Doc. E6-757 Filed 1-23-06; 8:45 am]
BILLING CODE 4910-13-P