[Federal Register Volume 76, Number 15 (Monday, January 24, 2011)]
[Notices]
[Pages 4133-4137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1366]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice (11-008)]


National Environmental Policy Act; Mars Science Laboratory (MSL) 
Mission

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Notice of Modified Record of Decision (ROD) for MSL Final 
Environmental Impact Statement (EIS).

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SUMMARY: Pursuant to the National Environmental Policy Act, as amended, 
(NEPA) (42 U.S.C. 4321 et seq.), the Council on Environmental Quality 
Regulations for Implementing the Procedural Provisions of NEPA (40 CFR 
parts 1500-1508), and NASA's NEPA policy and procedures (14 CFR part 
1216, subpart 1216.3), NASA prepared and issued the Final EIS for the 
proposed MSL Mission. A ROD was issued on December 27, 2006 indicating 
NASA's decision to prepare and launch the MSL Mission in 2009. A copy 
of the Final EIS and ROD are available at the following Web site: 
http://science.nasa.gov/missions/msl/. NASA was unable to finish 
preparation of the MSL Mission in time for the 2009 launch opportunity, 
and NASA Science Mission Directorate (SMD) Associate Administrator 
issued a modified ROD indicating NASA's decision to complete 
preparation and launch the MSL mission in 2011. The full text of the 
modified ROD is provided below.

DATES: Effective Date: January 24, 2011.

FOR FURTHER INFORMATION CONTACT: Additional information about NASA's 
MSL Mission is available on the MSL Mission Web site at http://science.nasa.gov/missions/msl/. Agency Point of Contact: Mr. Dave 
Lavery, Planetary Science Division, Science Mission Directorate, NASA 
Headquarters, Washington, DC 20546-0001, telephone 202-358-4800, or 
electronic mail [email protected].

SUPPLEMENTARY INFORMATION:

Modified Record of Decision: NASA MSL Mission

    This modified Record of Decision (ROD) documents NASA's 
consideration of possible changes in the potential environmental 
impacts of the Mars Science Laboratory (MSL) mission with the launch 
postponed from the original 2009 launch opportunity to the next 
available launch opportunity in 2011.
    This document modifies the ROD issued for the MSL mission on 
December 27, 2006. In 2006, NASA decided to complete preparations for 
launch of the MSL mission during a September to November 2009 launch 
period and to operate the mission using a Multi-Mission Radioisotope 
Thermoelectric Generator (MMRTG) as the primary power source for the 
rover. However, in December 2008, NASA made a determination that the 
MSL rover could not be ready in time for the original 2009 launch 
window because of unexpected spacecraft technical and testing 
challenges. Launch opportunities for Mars missions occur approximately 
every 26 months; consequently, the next launch opportunity is November 
to December 2011. NASA is continuing preparations for launch of the MSL 
mission during this next launch opportunity.
    In considering the launch of the MSL mission during late 2011, NASA 
identified factors that might affect the environmental impact analysis 
presented in the existing Final Environmental Impact Statement (FEIS) 
for the MSL mission. The Department of Energy (DOE) helped NASA 
reassess potential radiological impacts by evaluating the nuclear risk 
described in the 2006 FEIS against up to date

[[Page 4134]]

information regarding the MSL mission and use of the 2011 launch 
opportunity. Factors included in this evaluation included the launch 
vehicle selection, duration and time of the launch period, meteorology 
for the launch period, launch trajectories, and ground processing of 
the launch vehicle. NASA also reassessed the non-radiological 
environmental impacts discussed in the FEIS against up to date 
information regarding the MSL mission. Factors included in this 
evaluation included updated information concerning spacecraft 
trajectories and potential reentry accidents and environments.

Background (Purpose and Need for the Proposed Mission)

    The purpose of the MSL mission is to both conduct comprehensive 
science on the surface of Mars and demonstrate technological 
advancements in the exploration of Mars. As described in the 2006 FEIS, 
the mission's overall scientific goals are: (1) Assess the biological 
potential of at least one selected site on Mars; (2) characterize the 
geology and geochemistry of the landing region at all appropriate 
spatial scales; (3) investigate planetary processes of relevance to 
past habitability; and (4) characterize the broad spectrum of the 
Martian surface radiation environment. The objectives planned for the 
mission are described in the December 27, 2006, NASA Record of Decision 
for the MSL mission.

History of MSL NEPA Compliance Activities

    NASA prepared an environmental impact statement (EIS) to analyze 
the potential environmental impacts of the planned MSL mission. The DOE 
was a cooperating agency in the EIS because the Proposed Action would 
use a DOE-developed and owned radioisotope power system (RPS), 
specifically the MMRTG, to provide electrical power for the MSL rover.
    On March 10, 2006, NASA published a Notice of Intent in the Federal 
Register (71 FR 12402) to prepare an EIS and conduct scoping for the 
MSL mission. Public input and comments on alternatives, potential 
environmental impacts and concerns associated with the proposed MSL 
mission were requested. The scoping period ended on April 24, 2006. One 
scoping comment was received during this period from a Federal agency 
expressing concerns regarding habitat management of threatened and 
endangered species near the MSL launch site at Cape Canaveral Air Force 
Station (CCAFS), Florida. These concerns were addressed in the Draft 
EIS (DEIS).
    NASA published a Notice of Availability (NOA) of the DEIS for the 
MSL mission in the Federal Register on September 5, 2006 (71 FR 52347). 
The DEIS was mailed by NASA to 59 potentially interested Federal, State 
and local agencies, organizations and individuals. In addition, the 
DEIS was publicly available in electronic format on NASA's Web site. 
The U.S. Environmental Protection Agency (EPA) published its NOA for 
the DEIS in the Federal Register on September 8, 2006 (71 FR 53093), 
initiating the 45-day review and comment period.
    The public review and comment period closed on October 23, 2006. 
NASA received ten comment submissions (letters and other written 
comments) from three Federal agencies, one State agency, one private 
organization, and five individuals. The comments received included ``no 
comment'', requests for clarification of specific sections of text, and 
objections to the use of nuclear material for space missions. In 
addition, NASA received a total of 34 comment submissions via 
electronic mail (e-mail) from 32 individuals. These comment submissions 
include objections to the use of nuclear material for space missions, 
and general support for the proposed MSL mission. These comments were 
considered in developing the FEIS, and responses to these comments were 
prepared and included in the FEIS as Appendix D.
    In addition to soliciting comments for submittal by letter and e-
mail, NASA held three meetings during which the public was invited to 
provide both oral and written comments on the MSL DEIS. Two meetings 
were held on September 27, 2006, at the Florida Solar Energy Center in 
Cocoa, Florida, and one meeting was held on October 10, 2006, at the 
Hyatt Regency Hotel in Washington, DC. NASA placed paid advertisements 
announcing the dates, times, and purpose of the public meetings in 
local and regional newspapers together with the full text of NASA's NOA 
in the legal notices section of each newspaper. Members of the public 
attending each meeting were asked to register their attendance at the 
meeting. However, registration was not a requirement for anyone wishing 
to present either oral or written comments. Eleven members of the 
public registered for the 1 p.m. meeting and seven registered for the 6 
p.m. meeting on September 27 in Cocoa, Florida. Eleven members of the 
public registered for the meeting on October 10 in Washington, DC. 
Excerpts of the official transcripts taken by a court reporter during 
the September 27 meetings, during which three members of the public 
presented oral comments, were included in the FEIS as Appendix E; no 
oral comments were presented during the October 10 meeting.
    The EPA published a finding of no objection (i.e., LO--Lack of 
Objection) to the Proposed Action regarding NASA's DEIS in the Federal 
Register on November 3, 2006 (71 FR 64701).
    NASA published its NOA for the FEIS in the Federal Register on 
November 21, 2006 (71 FR 67389), and mailed copies to 119 Federal, 
State and local agencies, organizations, and individuals. In addition, 
NASA made the FEIS available in electronic format on its Web site and 
mailed the FEIS to commentors on the DEIS. NASA sent e-mail 
notifications to 23 individuals who had submitted comments on the DEIS 
via e-mail or had previously expressed interest in the MSL mission. The 
EPA published its NOA in the Federal Register on November 24, 2006 (71 
FR 67863), initiating the 30-day waiting period, which ended on 
December 26, 2006. The EPA issued a finding of no objection to the 
Proposed Action in the FEIS on December 21, 2006. No additional 
comments were received by NASA during this period.
    On December 27, 2006, NASA issued a ROD to complete preparations 
for launch of the proposed MSL mission during September through 
November 2009 and to operate the mission using an MMRTG as the primary 
power source for the rover.

Key Environmental Issues Addressed in the MSL EIS

    Two key environmental issues addressed in the MSL EIS were the air 
emissions that would accompany normal launch of the MSL spacecraft, and 
the environmental consequences associated with potential launch 
accidents.

Environmental Consequences of a Normal Launch

    The primary environmental impacts of a normal mission launch would 
be associated with airborne emissions from the strap-on solid rocket 
boosters that would be used on the Atlas V launch vehicle. Air 
emissions from the liquid propellant engines on the Atlas V core 
vehicle, although large in magnitude, would be relatively 
inconsequential in terms of environmental effects. The effects of a 
normal launch would include short-term adverse impacts on air quality 
within the exhaust cloud at and near the launch pad, and the potential 
for acidic deposition from the solid booster exhaust on the vegetation 
and surface water bodies at and near the

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launch complex. Shortly after lift-off, the exhaust cloud would be 
transported downwind and upward, eventually dissipating to background 
concentrations. Because launches from Cape Canaveral Air Force Station 
(CCAFS) are relatively infrequent events and winds rapidly disperse and 
dilute the launch emissions to background concentrations, no long-term 
adverse impacts to air quality in offsite areas would be anticipated. 
Surface waters in the immediate area of the exhaust cloud would 
temporarily acidify from deposition of hydrogen chloride, but no 
prolonged acidification or other long-term adverse effects would be 
anticipated. Biota in the immediate vicinity of the launch pad could be 
damaged or killed by intense heat following ignition and hydrogen 
chloride deposition from the exhaust cloud, but no long-term adverse 
effects to biota would be anticipated. Neither short-term nor long-term 
adverse impacts to threatened or endangered species would be expected. 
No significant socioeconomic impacts would be expected on nearby 
communities, and no impacts would be expected to cultural, historical, 
or archeological resources as a result of the MSL mission launch.
    Some short-term ozone degradation would occur along the flight path 
as the Atlas V launch vehicle passes through the stratosphere and 
deposits ozone-depleting chemicals from the exhaust products of the 
solid rocket boosters. However, the depletion trail from a launch 
vehicle has been estimated to be largely temporary, and is self-healing 
within a few hours of the vehicle's passage. The total contribution to 
the average annual depletion of ozone from the launch of large 
expendable launch vehicles with solid rocket boosters in a given year 
has been estimated to be small (approximately 0.014 percent per year). 
Because launches at CCAFS are always separated by at least a few days, 
combined impacts in the sense of holes in the ozone layer combining or 
reinforcing one another cannot occur.
    Launch of the Atlas V for the MSL mission would produce a very 
small fraction (less than 0.00001 percent) of the annual net greenhouse 
gases emitted by the United States. Therefore, launch of the mission 
would not be anticipated to substantially contribute to the 
accumulation of greenhouse gases.

Environmental Consequences of Potential Accidents

Radiological Considerations

    Consideration of launch accidents involving radiological 
consequences was a principal focus of the MSL EIS. As described in the 
MSL EIS, depending upon the sequence of events, some launch accidents 
could result in release of some of the plutonium dioxide 
(PuO2) contained in the MMRTG, which could have adverse 
impacts on human health and the environment.Results of the DOE risk 
assessment for the EIS showed that the most likely outcome of 
implementing the MSL mission would be a successful launch with no 
release of radioactive materials. For most launch-related problems that 
could occur prior to launch, the most likely result would be a safe 
hold or termination of the launch countdown.
    The EIS risk assessment did, however, identify potential launch 
accidents that, although unlikely, could result in a release of 
PuO2 in the launch area, southern Africa following 
suborbital reentry and other global locations following orbital 
reentry.
    For those postulated accidents with a release which could occur in 
and near the launch area, the predicted mean radiological dose to the 
maximally exposed individual was about 0.14 rem, which is the 
equivalent of about 40 percent of the normal annual background dose 
received by each member of the U.S. population during a year. No short-
term radiological effects would be expected from any of these 
exposures. Each exposure would, however, increase the statistical 
likelihood of a cancer fatality over the long term. For such unlikely 
accidents with a release, additional latent cancer fatalities are 
predicted to be small. (i.e., a mean of 0.4 additional latent cancer 
fatalities among the potentially exposed members of the local 
population near the launch area, and a mean of 0.2 additional latent 
cancer fatalities among potentially exposed members of the global 
population). These estimates of health consequences assumed no 
mitigation actions, such as sheltering and exclusion of people from 
contaminated land areas.
    Potential environmental contamination was evaluated in terms of 
land area exceeding various screening levels and dose-rate related 
criteria. Results of the MSL EIS risk assessment indicated that a 
potential, but unlikely launch area accident, involving the intentional 
destruction of all launch vehicle stages freeing the MMRTG to fall to 
the ground, could result in about six square kilometers (about two 
square miles) potentially contaminated above the 0.2 [mu]Ci/m\2\ 
screening level.
    Less likely launch accidents were also assessed. These events were 
postulated for cases in which an accident occurs in the launch area and 
the safety systems fail to destroy the launch vehicle. The mean 
probabilities of these events were estimated to range from 1 in 8,000 
to 1 in 800,000. These less likely accidents could, however, expose the 
MMRTG to severe accident environments, including mechanical damage, 
fragments, and solid propellant fires, and could result in higher 
releases of PuO2 (up to 2 percent of the MMRTG inventory) 
with the corresponding potential for higher consequences. The maximally 
exposed individual could receive a mean dose ranging from a fraction of 
one rem up to about 30 rem following the more severe types of less 
likely accidents, such as ground impact of the entire launch vehicle, 
which are considered to be very unlikely (i.e., probabilities ranging 
from 1 in 10,000 to 1 in 1 million). Assuming no mitigation actions, 
such as sheltering and exclusion of people from contaminated land 
areas, radiation doses to the potentially exposed members of the 
population from a very unlikely launch accident could result in up to 
60 mean additional cancer fatalities over the long term.
    For the very unlikely accident that involved ground impact of the 
entire launch vehicle, roughly 90 square kilometers (about 35 square 
miles) of land area could be contaminated above the 0.2 [mu]Ci/m\2\ 
screening level. Contamination at this level could necessitate 
radiological surveys and potential mitigation and cleanup actions.

Non-Radiological Considerations

    The two non-radiological accidents of greatest concern would be a 
liquid propellant spill during fueling operations and a launch vehicle 
failure. A liquid propellant spill during fueling operations would not 
be expected to result in any public health impacts or any long-term 
environmental consequences. Fueling operations for the Atlas V involve 
rocket propellant-1 (a form of kerosene), liquid hydrogen, liquid 
oxygen, and hydrazine. Launch preparation activities at CCAFS are 
subject to environmental regulations, including spill prevention and 
response requirements, and U.S. Air Force (USAF) and launch service 
contractor safety requirements specify detailed policies and procedures 
to be followed to ensure worker and public safety during all liquid 
propellant fueling operations. Spill containment would be in place 
prior to any propellant transfer to capture any potential release.
    A launch vehicle failure on or near the launch area during the 
first few seconds of flight could result in the release of the 
propellants (solid and

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liquid) onboard the Atlas V and the spacecraft. The resulting emissions 
would resemble those from a normal launch, consisting principally of 
carbon monoxide, carbon dioxide, hydrogen chloride, oxides of nitrogen, 
and aluminum oxide from the combusted propellants. A launch vehicle 
failure would result in the prompt combustion of a portion of the 
released liquid propellants, depending on the degree of mixing and 
ignition sources associated with the accident, and somewhat slower 
burning of the solid propellant fragments. Falling debris would be 
expected to land on or near the launch pad resulting in potential 
secondary ground-level explosions and localized fires. After the launch 
vehicle clears land, debris from an accident would be expected to fall 
over the Atlantic Ocean. Modeling of accident consequences with 
meteorological parameters that would result in the greatest 
concentrations of emissions over land areas indicates that the 
emissions would not reach levels threatening public health. Some 
burning solid and liquid propellants could enter surface water bodies 
and the ocean, resulting in short-term, localized degradation of water 
quality and conditions toxic to aquatic life. Such chemicals entering 
the ocean would be rapidly dispersed and buffered, resulting in little 
long-term adverse impact on water quality and resident biota.

Reconsideration of Environmental Issues in Light of Up to Date Mission 
Information and the Proposed 2011 Launch of MSL

Radiological Considerations

    DOE's risk assessment for the MSL EIS was developed during the time 
when the candidate launch vehicles being considered by NASA for the MSL 
mission were the Atlas V 541 and the Delta IV Heavy, prior to NASA's 
selection of the Atlas V 541. A composite approach was taken in the 
risk assessment in which results for representative configurations of 
the Atlas V 541 and Delta IV Heavy launch vehicles were combined in a 
probability-weighted manner to derive accident probabilities, potential 
releases of PuO2 in case of an accident, radiological 
consequences, and mission risks. Differences in the two launch vehicles 
in terms of design, accident probabilities and accident environments 
were taken into account in developing composite results.
    For the MSL EIS, radiological impacts or consequences for each 
postulated accident were calculated in terms of: (1) Impacts to 
individuals in terms of the maximum individual dose (the largest 
expected dose that any person could receive for a particular accident); 
(2) impacts to the exposed portion of the population in terms of the 
potential for additional latent cancer fatalities due to a radioactive 
release (i.e., cancer fatalities that are in excess of those latent 
cancer fatalities which the general population would normally 
experience from all causes over a long-term period following the 
release); and (3) impacts to the environment in terms of land area 
contaminated at or above specified levels.
    In considering the launch of the MSL mission during late 2011, NASA 
identified factors that might have an impact on the environmental 
consequences described in the existing EIS. DOE in cooperation with 
NASA evaluated their risk assessment supporting the EIS against up to 
date information regarding the MSL mission and use of the 2011 launch 
opportunity. Factors in that evaluation included the launch vehicle 
selection, duration and time of the launch period, meteorology for the 
launch period, launch trajectories, and ground processing of the launch 
vehicle.
    DOE evaluated the changes associated with the 2011 launch in terms 
of potential changes in (1) impacts to individuals in terms of the 
maximum individual dose; (2) impacts to the exposed portion of the 
population in terms of the potential for additional latent cancer 
fatalities due to a radioactive release; and (3) impacts to the 
environment in terms of land area contaminated at or above specified 
levels. DOE documented the results of this evaluation and provided the 
results to NASA. DOE's conclusion is that the updated results are 
consistent with results reported in the MSL FEIS and summarized in the 
2006 MSL ROD and the preceding section of this ROD.

Non-Radiological Considerations

    The non-radiological environmental impacts from a normal launch in 
2011 also remain unchanged from those expected for the 2009 launch 
opportunity.
    Similarly, expected non-radiological impacts associated with 
potential launch accidents are also unchanged from those for the 2009 
launch opportunity. However, because there has been some recent 
heightened general interest in the non-radiological hazards associated 
with reentering space objects, the following additional information is 
provided.
    Consistent with the FEIS, after the launch vehicle clears land, 
debris from an accident including the MSL spacecraft, would be expected 
to fall over the Atlantic Ocean. Under certain launch accident 
conditions, there is a small probability the spacecraft with a full 
propellant load (475 kg) could reenter prior to achieving orbit and 
impact land in southern Africa or Madagascar. The probability of such 
an accident occurring and leading to a land impact is on the order of 1 
in 20,000. As indicated in the FEIS, the MSL spacecraft's propellant is 
hydrazine. The overall risk of an individual injury resulting from the 
land impact of a spacecraft and exposure to hydrazine is less than one 
in 100,000.
    In other potential accident scenarios (i.e., those occurring after 
achievement of the park orbit), the spacecraft could reenter from 
orbit, potentially impacting land anywhere between 36[deg] north or 
south of the equator. Under these conditions, only a small portion 
(i.e. less than about 5%) of the full propellant load could reach the 
ground if the tanks did not burst due to reentry heating effects and 
release their contents into the atmosphere. The overall probability of 
this type of accident occurring is less than 1 in 200. In this type of 
accident it is extremely unlikely that there would be any hydrazine 
residual remaining inside the propellant tanks at the point of ground 
impact.

Incomplete and Unavailable Information

    As is typical for complex, long lead time NASA missions such as 
MSL, several technical issues that could affect the results summarized 
in this modified ROD will undergo continuing evaluation as a part of a 
more detailed safety analysis and as part of other non-mission specific 
test and analysis work by NASA and DOE. Issues that continue to be 
evaluated include:
     The solid propellant fire environment and its potential 
effect on the release of PuO2 from an MMRTG,
     The behavior of solid PuO2 and PuO2 
vapor in the fire environment and the potential for PuO2 
vapor to permeate the graphite components in an MMRTG,
     The mechanical response of the MMRTG for the mission-
specific configuration of the MSL mission, and
     The risks (i.e., probabilities and effects) from release 
of spacecraft and launch vehicle propellants in various launch accident 
scenarios.
    Results from these ongoing analyses and tests are not anticipated 
to substantively affect the environmental evaluations summarized in 
this modified ROD. However, NASA will review such results as they 
become available and will consider their potential effects on the MSL

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environmental impact analyses and, as appropriate, the need for 
additional MSL environmental documentation.

Conclusion

    Based on CEQ regulations, specifically 40 CFR 1502.9(c)(1), the two 
situations in which an agency must issue a supplemental EIS are: (i) 
Substantial changes in the proposed action that are relevant to 
environmental concerns or (ii) significant new circumstances or 
information relevant to environmental concerns associated with the 
proposed action. Using these criteria, NASA has evaluated its updated 
MSL mission information, including the changes to the mission 
associated with a 2011 launch opportunity and further considered DOE's 
evaluation of the existing EIS risk assessment. Based upon these 
evaluations, NASA has concluded there are no substantial changes 
relevant to environmental concerns associated with the updated mission 
information and change in launch opportunity from 2009 to 2011. NASA 
has further concluded there are no significant new circumstances or 
information relevant to environmental concerns associated with the 
updated mission information and change in launch opportunity from 2009 
to 2011.

Decision

    Based upon all of the forgoing, including consideration of the 2006 
Record of Decision, it is my decision to complete development and 
preparations for launch of the proposed MSL mission during November-
December 2011, and to operate the mission using an MMRTG as the primary 
power source for the rover.

Edward J. Weiler, NASA Science Mission Directorate (SMD) Associate 
Administrator

Signed: August 23, 2010

    Dated: January 14, 2011.
Charles J. Gay,
Deputy Associate Administrator, Science Mission Directorate.
[FR Doc. 2011-1366 Filed 1-21-11; 8:45 am]
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