[Federal Register Volume 73, Number 15 (Wednesday, January 23, 2008)]
[Notices]
[Pages 4040-4043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1068]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: The FAA participated as a cooperating agency with the U.S. 
Army Space and Missile Defense Command/U.S. Army Forces Strategic 
Command in preparation of the SpaceX Falcon Program Environmental 
Assessment (EA). The Falcon Launch Vehicle Program is a venture by 
Space Exploration Technologies, Inc. (SpaceX) to provide space launch 
operations. The EA analyzed the environmental consequences of 
conducting an average of six Falcon 1 launches per year and up to four 
Falcon 9 launches per year (starting after 2008) for the next ten years 
from Omelek Island, U.S. Army Kwajalein Atoll Ronald Reagan Ballistic 
Missile Test Site (USAKA/RTS). The EA also analyzed the reentry of the 
Dragon reentry capsule, which would be carried as a payload on the 
Falcon 9 launch vehicle. Additionally, the SpaceX Falcon Program EA 
analyzed infrastructure improvements proposed on Omelek Island and 
Kwajalein to support the proposed launch activities. SpaceX would 
require a launch or reentry license from the FAA for launches or 
reentries of commercial payloads.
    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 SpaceX 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 future decisions on license applications.
    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 the proposed action 
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: 
Questions or comments should be directed to Ms. Stacey Zee; FAA 
Environmental Specialist; Federal Aviation Administration; 800 
Independence Ave., SW.; AST-100,

[[Page 4041]]

Suite 331; Washington, DC 20591; (202) 267-9305.

Background

    Launches of launch vehicles and the reentry of reentry vehicles 
must be licensed by the FAA pursuant to 49 U.S.C. 70101-70121, the 
Commercial Space Launch Act. Issuing a launch or reentry license is a 
Federal action requiring environmental analysis by the FAA in 
accordance with NEPA, 42 U.S.C. 4321 et seq. Upon receipt of a complete 
license application, the FAA must evaluate the information and 
determine whether to issue a launch or reentry license to SpaceX, as 
appropriate. The FAA would use the analyses in the SpaceX Falcon 
Program EA as the basis for the environmental determination of the 
impacts to support licensing launches of the Falcon 1 launch vehicle or 
the Falcon 9 launch vehicle from Omelek Island and/or the reentry of 
Dragon reentry vehicle. The issuance of a FONSI does not guarantee that 
a license will be issued by the FAA for the launch of the Falcon launch 
vehicles or the reentry of the Dragon capsule. It also must meet all 
safety, risk and indemnification requirements.

Proposed Action

    SpaceX is proposing to launch the Falcon 1 and the Falcon 9 launch 
vehicles and the Dragon reentry capsule from Omelek Island, USAKA/RTS. 
The Falcon 1 is a small, unmanned, two-stage launch vehicle designed to 
put small payloads into orbit. The vehicle uses liquid oxygen (LOX) and 
kerosene as propellants. The first stage is recoverable by use of a 
parachute. The second stage is not reusable and is not intended to be 
recovered.
    The Falcon 9 is a two-stage, medium class, liquid launch vehicle 
designed to put space systems and satellites into orbit. Falcon 9 uses 
LOX and kerosene as propellants. The first stage is recoverable by use 
of a parachute. The second stage would be reused when launch 
inclination, payload requirements, and weight allow for its recovery.
    The Dragon capsule would be carried as a payload on the Falcon 9 
vehicle. The Dragon capsule is being developed to deliver cargo to the 
International Space Station under contract with the National 
Aeronautics and Space Administration. Following its mission to deliver 
cargo to the ISS, the Dragon would reenter the atmosphere and would be 
recovered similar to the Falcon 9 first stage. The capsule may or may 
not be refurbished or reused. Locations in the Gulf of Mexico, the 
coast of California, and the Kwajalein Atoll are being considered as 
recovery zones.
    SpaceX has proposed several infrastructure improvements to Omelek 
Island to support the proposed launch activities, including 
construction of a Falcon 9 launch pad and a hangar facility, upgrades 
to existing propellant storage and loading facilities, and several 
other facility improvements. SpaceX has also proposed the construction 
of a LOX plant facility and a Payload Processing Facility on Kwajalein.
    Under the No Action Alternative, the proposed Falcon launch 
activities would not be conducted at Omelek, and SpaceX would not 
proceed with further construction or modification efforts at USAKA. No 
additional launches would take place beyond the five that have been 
authorized.

Environmental Impacts

    The following presents a brief summary of the environmental impacts 
considered in the SpaceX Falcon Program EA. The SpaceX Falcon Program 
EA is incorporated by reference in this FONSI and the FAA's FONSI is 
based upon the impacts discussed in that EA.
    Air Quality: Emissions from site preparation activities are not 
expected to exceed USAKA Environmental Standards (UES). Levels of 
generator emissions are not expected to impact the regional air quality 
or exceed the USAKA ambient air standards. However, generators may not 
be in compliance with the incremental degradation standards allowable 
by the UES. Operational measures, such as limiting fuel consumption or 
increasing stack height, would be enacted to ensure generator 
compliance with the UES incremental degradation standards and USAKA 
ambient air standards. The operation of the proposed LOX plant on 
Kwajalein would use the existing power supply on Kwajalein that is 
already subject to the Army's current Document of Environmental 
Protection (DEP) (U.S. Army Kwajalein Atoll/Kwajalein Missile Range 
1999. Document of Environmental Protection (DEP), Activity: Air 
Emissions from Major Stationary Sources at USAKA/KMR [Modified November 
2000], November).
    Falcon 1 and Falcon 9 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 
would not be impacted and USAKA ambient air quality standards would not 
be exceeded by launches of the Falcon launch vehicles or reentry of the 
Dragon vehicle. No significant impacts to air quality are expected.
    Airspace: USAKA/RTS is located under international airspace and 
therefore, has no formal airspace restrictions governing it. Bucholz 
Army Airfield is approximately 35 kilometers (22 miles) south of the 
Omelek launch site. Although site preparation activities may involve 
flights in and out of Bucholz Army Airfield, they would not restrict 
access to, nor affect the use of the Airfield. Falcon 1 and Falcon 9 
launches could potentially impact flight patterns for military aircraft 
in the area. However, SpaceX would coordinate Falcon launches with the 
FAA and USAKA/RTS Commander, which would include scheduling launches to 
avoid airspace conflicts. No significant impacts to airspace are 
expected.
    Biological Resources: Site preparation activities would result in 
the removal of trees and vegetation from existing non-forested areas 
and some forested areas (primarily Pisonia trees) from the north point, 
south point, and along the west coast of the island totaling 
approximately 10 percent of the total acreage of Omelek. Additionally, 
some trees would need to be removed around the Falcon 1 launch site, 
and from the area of the Falcon 9 hangar. No threatened or endangered 
vegetation has been identified in the area.
    Construction noise and the increased presence of personnel could 
temporarily affect wildlife in the area. Construction ground 
disturbance and equipment noise-related impacts could include a loss of 
habitat, displacement of wildlife, and short-term disruption of daily/
seasonal behavior. Vegetation removal would likely result in the 
permanent removal of some of the habitat available for nesting seabirds 
or foraging shorebirds on Omelek.
    Sedimentation from the installation of pilings and a concrete 
barge-dock 3 meters (10 feet) into the harbor could temporarily degrade 
water quality in the vicinity due to short-term turbidity. Effects to 
reef fish and benthic species would be temporary. Work would be delayed 
if threatened or endangered species are observed in the area.
    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. Within two 
hours prior to the launch, SpaceX personnel would survey the shoreline 
100 meters (328 feet) on both

[[Page 4042]]

sides of the launch site to determine whether sea turtles are present 
or hauling out in the area. If turtles are observed in the area, SpaceX 
would consult with USAKA Environmental before continuing with launch 
activities. A fence may be required to prevent a sea turtle take during 
launches.
    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. No significant impacts to 
biological resources are expected.
    Cultural Resources: All ground-disturbing activities would be 
planned so that archeologically sensitive areas such as those areas at 
the northern portion of the islet would be avoided to the extent 
possible. If the proposed facilities cannot be located to avoid these 
areas, archeological monitoring with systemic sampling as necessary 
would accompany construction of any facilities. To minimize 
disturbances to cultural resources, appropriate measures would be 
taken, such as installing signage to designate sensitive areas and 
educating facility personnel about protecting sensitive island 
resources.
    Personnel involved in launch and other operational activities would 
follow UES requirements in handling or avoiding any cultural resources 
uncovered during operational or monitoring activities. In addition, no 
structures eligible for listing on the Republic of the Marshall Islands 
(RMI) National Register have been identified on Omelek. No significant 
impacts to cultural resources are anticipated.
    Geology and Soils: Due to the minimal duration of site preparation 
activities, and adherence to Best Management Practices and the USAKA 
Stormwater Pollution Prevention Plan, adverse geological or soil 
impacts are not anticipated.
    Falcon 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 UES, the Emergency Response 
Plan prepared by SpaceX, and the Kwajalein Environmental Emergency 
Plan. No significant impacts to geology and soils are expected.
    Hazardous Materials and Waste: All hazardous materials used and 
waste generated during site preparation activities would be handled, 
transported, stored, treated, and disposed of off-site in accordance 
with a Hazardous Materials Contingency Plan and Hazardous Waste 
Management Plan, which would be prepared by SpaceX. These plans would 
follow regulations established in the UES and the Kwajalein 
Environmental Emergency Plan.
    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. Hazardous materials associated with the proposed action 
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 hazardous waste to 
be shipped to the continental United States for treatment and/or 
disposal. A trained immediate spill response team would be established 
onsite, and spills would be contained and cleaned up according to the 
procedures identified in the Kwajalein Environmental Emergency Plan and 
a SpaceX-specific emergency plan. Therefore, there would not be a 
significant impact from hazardous materials and hazardous waste 
management.
    Health and Safety: Proposed construction activities would comply 
with all applicable UES and USAKA/RTS Range Safety Requirements. 
Additionally, Falcon 1 and Falcon 9 launches would comply with all UES 
and USAKA/RTS Range Safety Requirements.
    All operations involving explosives would require implementation of 
a written procedure, approved by the USAKA/RTS safety office. These 
operations would be conducted under the supervision of an approved 
ordnance officer using explosive-certified personnel.
    The Range Safety Officer would review and agree on all missile 
flight safety specifications prior to all Falcon 1 or Falcon 9 
launches. Protection circles, based on the payload, missile and launch 
azimuth, would be established for each launch. Access to Omelek would 
be limited to all but mission essential personnel, and personnel would 
be evacuated from the islet prior to launch. Therefore, significant 
impacts to health and safety would not be expected.
    Infrastructure: The proposed new helipad would be located on the 
southeast side of the island in order to reduce the potential of 
impacting the approach and departure path when additional facilities 
are added.
    Unimproved paths used to access the island would be paved. Road 
design would include an evaluation of rainwater drainage on Omelek, and 
rainwater control channels or conduit would be installed during paving 
construction. SpaceX would manage rainwater run-off from paved areas on 
Omelek by allowing run-off to drain naturally along the access road to 
the north and along the paved roads to the east toward vegetated areas, 
and by constructing surface or underground culverts to divert water 
from the central and southern portions of the island to the harbor.
    Power, communications, water, and sewage would be routed through 
new underground conduits to and from the facilities. Additional 
trenching would be required in several areas to extend power and 
communication availability to the new facilities. Construction would 
include a generator facility with ample power to support proposed 
launch activities. A Kerosene Propellant, Diesel Fluid, and Water 
Storage Area on Omelek would be developed to store kerosene and diesel 
fuel in aboveground tanks or standardized containers, within a concrete 
containment area. A proposed reverse osmosis system would generate 
approximately 11,356 liters (3,000) gallons of water per day to support 
the deluge system; water would be stored in the proposed new Kerosene 
Propellant, Diesel Fluid, and Water Storage Area.
    The demand on electrical, wastewater, solid waste, and water 
systems to support the storage facility is expected to be within the 
current capacity of utility systems on Kwajalein and Meck. No 
significant impacts to existing infrastructure are expected.
    Land Use: Construction and operation of proposed facilities and 
upgrades to existing facilities would not change any existing land uses 
on Omelek or Kwajalein. Falcon 1 and Falcon 9 launches would be 
entirely consistent with the mission of the island and would not 
conflict with any known land use plans, policies, or controls at USAKA.
    The establishment and activation of a launch hazard area would 
require the temporary clearance of the Pacific Ocean area adjacent to 
the launch site. Temporary clearance of this launch

[[Page 4043]]

hazard area should have no impacts on recreational or commercial use of 
these waters since the area off the island is not used frequently by 
commercial fisherman or for recreational use by residents of USAKA/RTS. 
No significant impacts to land use are expected.
    Noise: Noise produced during site preparation activities would be 
minor and short-term, resulting in little to no effect on construction 
workers or launch personnel. To minimize noise level impacts, all 
personnel or contractors involved in construction activities would wear 
hearing protection in areas where noise levels would exceed limits set 
by the Occupational Safety and Health Administration.
    No sensitive noise receptors are in the vicinity of Omelek. The 
island has been developed solely as a launch support facility with no 
permanent inhabitants, and there are no inhabited islands within 21 
kilometers (13 miles) of the site; therefore, no significant noise 
impacts from launch activities are expected.
    Socioeconomics: Approximately 30 people would be involved in both 
Falcon 1 and Falcon 9 launch activities. Up to 8 of the 30 SpaceX 
personnel would live temporarily on Omelek in the SpaceX office 
facility, as necessary. The remaining transient personnel would reside 
on Kwajalein and would commute daily between the two islands. No 
additional facilities would be required to house personnel.
    Launch procedures on Omelek could continue to employ a small number 
of Marshallese from Ebeye and possibly from Majuro in support of ground 
and facility maintenance. The personal income of the three to seven 
Marshallese employed to support the launches from Omelek may increase. 
There would be no impact on the permanent population size, employment 
characteristics, and the type of housing available on Ebeye and Majuro. 
No significant impacts to socioeconomics are expected.
    Water Resources: Construction of the new Falcon 9 launch pad and 
the Payload Processing Facility would be confined within the immediate 
construction area in compliance with the UES and would thus not impact 
water resources. Proposed construction activities would be performed in 
accordance with the USAKA Stormwater Pollution Prevention Plan to 
minimize potential erosion and stormwater runoff. Impacts to the waters 
surrounding Omelek due to stormwater runoff would be in compliance with 
the UES nonpoint source requirements and the USAKA Stormwater Pollution 
Prevention Plan. Best Management Practices would be used to limit 
turbidity during installation of new pilings and the proposed concrete 
barge dock.
    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. No significant impacts to water 
resources are expected.
    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. The increased size and use of the 
power station may not comply with the allowable UES incremental 
degradation standards. Operational options, including a wind-based 
generator or limiting fuel consumption, are available that would 
achieve compliance with ambient air quality and incremental degradation 
standards. With the implementation of such options, it is not likely 
that the proposed action at Omelek would result in significant 
cumulative impacts to the regional air quality.
    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. Using the required scheduling process for 
international airspace would minimize the potential for cumulative 
impacts to the airspace above the open ocean. The loss of approximately 
12 percent of the vegetation on Omelek would contribute cumulatively to 
the reduction of wildlife habitat in the area. No significant 
cumulative impacts to terrestrial or marine biological resources have 
been identified as a result of prior launch-related activities in the 
region. Avoidance would minimize the potential for cumulative cultural 
resources impacts. Preparation of the launch site and adherence to 
established hazardous waste and spill prevention procedures and 
regulations would minimize the potential for cumulative impacts to 
geology or soils.
    Adherence to the hazardous materials and waste management systems 
of USAKA/RTS and SpaceX would preclude the potential accumulation of 
hazardous materials or waste. Adherence to the high safety standards at 
USAKA/RTS would serve to keep any cumulative safety impacts 
attributable to all USAKA/RTS operations within acceptable standards to 
both workers and the public. The additional demand on transportation, 
electrical, wastewater, solid waste, and water systems to support the 
small number of project-related personnel would be accomplished by the 
proposed infrastructure upgrades or be within the current capacity of 
USAKA/RTS. The sound level generated by each Falcon launch would be a 
short, discrete event and no cumulative noise impacts are anticipated. 
Adherence to established hazardous waste and spill prevention 
procedures and regulations would minimize the potential for cumulative 
impacts to 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 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 
the 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. Therefore, an Environmental Impact Statement for the 
proposed action is not required.

    Date Issued: January 10, 2008, Washington, DC.
Patricia Grace Smith,
Associate Administrator for Commercial Space Transportation.
[FR Doc. E8-1068 Filed 1-22-08; 8:45 am]
BILLING CODE 4910-13-P