[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Notices]
[Pages 54248-54251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26663]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 28611]
Finding of No Significant Impact
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Finding of no significant impact.
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SUMMARY: The FAA prepared an Environmental Assessment (EA) to evaluate
the Alaska Aerospace Development Corporation's (AADC) proposal to
construct and operate a launch site at Narrow Cape on Kodiak Island,
Alaska, and issued a proposed Finding of No Significant Impact (FONSI)
for public comment on June 25, 1996, for 30 days. After reviewing and
analyzing currently available data and information on existing
conditions, project impacts, and measures to mitigate those impacts,
and after considering public comments, the Office of the Associate
Administrator for Commercial Space Transportation (AST) has determined
that licensing the operation of the proposed launch site is not a major
Federal action that would significantly affect the quality of the human
environment within the meaning of the National Environmental Policy Act
(NEPA) of 1969. Therefore the preparation of an environmental impact
statement is not required and AST is issuing a Finding of No
Significant Impact (FONSI).
FOR A COPY OF THE KODIAK LAUNCH COMPLEX ENVIRONMENTAL ASSESSMENT
CONTACT: Mr. Nikos Himaras, Office of the Associate Administrator for
Commercial Space Transportation, Licensing and Safety Division, 400
Seventh Street, SW., Washington, D.C. 20590; phone (202) 366-2455; or
refer to the following Internet address: http://www.dot.gov/dotinfo/
faa/cst/cst.html.
DATES: The FAA made its proposed FONSI available for public comment on
June 25, 1996, for 30 days.
Proposed Action
The FAA licenses the operation of non-Federal launch sites in the
United States, such as AADC's proposed construction and operation of
Kodiak Launch Complex (KLC), a commercial space launch site on Kodiak
Island, Alaska, pursuant to 49 U.S.C. 70101-70119, formerly the
Commercial Space Launch Act. Licensing the operation of a launch site
is a proposed Federal action requiring environmental analysis by the
FAA in accordance with the National Environmental Policy Act of 1969,
42 U.S.C. 4321 et seq. Upon receipt of a complete application, the
Associate Administrator for Commercial Space Transportation must
determine
[[Page 54249]]
whether to issue a license to AADC to operate. Environmental findings
are required for a license evaluation.
A recently enacted Interstate Commerce Commission sunset
legislation (Public Law 104-88) addresses National Environmental Policy
Act applicability to licensing actions (see Page 1-5 of the EA). This
provision does not affect preparation of the KLC EA but obviates the
need for preparation of an environmental impact statement if the
Department of the Army has issued a permit for the activity and the
Army Corps of Engineers has found the activity has no significant
impact. The Department of the Army Corps of Engineers proposes to find
that the activity would have no significant impact and is holding
permit issuance pending AST's issuance of the FONSI.
The launch site would be located on a 3,100-acre tract of state-
owned land on a peninsula known as Narrow Cape. Construction for the
project would involve (1) Upgrading about 3 km of gravel access road;
(2) creating two laydown areas for construction equipment; (3) building
a launch control center, a payload processing facility, the launch
area, and a water pump house; and (4) use of existing quarry sites to
obtain fill material. Construction would disturb approximately 43
acres, including about 1.5 acres of wetlands, most of which is adjacent
to the gravel road leading to the launch complex.
To launch launch vehicles from KLC, fee-paying customers would (1)
Transport launch vehicle components, payloads, associated parts, and
staff to the site; (2) assemble vehicle components and payloads and
prepare for launch; and (3) launch and track payloads into orbit.
Operations would begin in 1998, and about 3 launch vehicles per year
would be launched during the first four years. Anticipated frequency of
use would increase to a maximum of 9 launches per year over the 22
years of operation. Materials would be transported to Kodiak Island by
container ship, ocean barge, or airplane, and transported to the KLC by
truck. Initially, approximately 100 people would be onsite for 6 weeks
before a launch. Operations could eventually involve up to 14,000
person-days per year onsite. The KLC would provide the site for
launching smaller solid rocket motor launch vehicles such as Lockheed
Martin Launch Vehicles 1 and 2, Minuteman II (modified for commercial
use), Taurus, and Conestoga.
Alternatives Considered
The alternatives available to AST consist of: (1) The proposed
action, licensing the operation of a launch site at KLC, and (2) the no
action alternative. AADC has conducted a state-wide siting survey that
evaluated 27 alternative locations for a space launch facility. AST has
given substantial weight to the preferences of AADC in selecting the
proposed site, because AST's review indicates that there is no
substantially superior alternative site, from an environmental
standpoint, that is operationally feasible.
The KLC was designed to avoid impacts to wetlands to the extent
practicable. The payload processing area and the access road to the
launch area were re-sited to avoid wetland disturbance, and the launch
control center was redesigned to minimize wetland impacts. The launch
control center, however, must be located a minimum distance from the
launch area and must have a direct view of the launch area. The only
alternative for siting the launch control center to avoid completely
wetlands would have required access road construction that would have
affected more wetlands. The only alternative that would have avoided
wetlands destruction in upgrading Pasagshak Point Road would have
involved extensive road relocation, substantial destruction of non-
wetland habitat, and prohibitive expense. Because of these factors, no
practicable alternatives to the proposed construction were available
and the proposed action includes all practicable measures to minimize
harm to wetlands which may result from the project (See Section 4.5.1.1
of the EA). The Alaska District of the U.S. Army Corps of engineers
issued a public notice regarding project construction and wetlands
involvement on September 7, 1995, providing the public and appropriate
state and Federal agencies an opportunity for early review of wetland
impacts. The Alaska District of the U.S. Army Corps of Engineers also
issued a permit evaluation and decision document regarding project
construction and wetlands involvement on November 7, 1995, confirming
that the proposed filling of 1.43 acres of wetlands with clean sand and
gravel is not anticipated to measurably impact the substrate of the
immediate vicinity of the project site. They further confirmed that the
proposed action should have no appreciable impact on the drainage
pattern of adjacent wetlands, the existing water quality, or stream
flow in the area of the project site.
Environmental Consequences
Ecological Resources
Construction would disturb vegetation on 43 acres of the site. With
the exception of wetlands, the disturbed areas are not considered high-
quality habitat. The 1.5 acres of wetlands that would be disturbed
constitute 0.2% of the 790 acres of wetlands on the 3,100-acre site. No
practicable alternatives to disturbing wetlands are available and,
based on the small areas involved, the wetland and vegetation losses
are judged to be not significant.
Noise from construction activity would temporarily disturb areas
immediately adjacent to roads and proposed new facilities, but the
valuable wildlife habitats, mostly along the shoreline and offshore,
would not be significantly affected. Construction activities could
expose ducks and seabirds resting and feeding in the waters off Narrow
Cape to peak noise levels of approximately 72 dBA, which is below the
80-90 dBA known to disturb water fowl and wildlife. The closest site
believed to have a bald eagle nest is located at least 3,000 feet from
construction activities, a distance substantially greater than the 660-
foot buffer zone recommended by the Fish and Wildlife Service, United
States Department of the Interior (DOI), to protect nesting eagles.
Launch vehicle launches would cause occasional noise levels
sufficient to cause startle responses in birds and marine mammals.
However, these brief disturbances, three to nine times per year, are
not anticipated to have lasting or significant adverse impacts on
wildlife, including threatened or sensitive species. Emissions from
launch vehicle propulsion would be occasional and widely and rapidly
dispersed, and no significant ecological effects would be expected. FAA
has completed informal consultation with the National Marine Fisheries
Service (NMFS) under Section 7(a) of the Endangered Species Act (ESA)
of 1973, with respect to the Steller sea lion which is a threatened
species. Based on current data, the FAA does not expect launch noise
levels to greatly disturb or cause significant adverse impacts to
Steller sea lions.
Noise
Launch noise would be audible on Kodiak Island for a distance of
approximately 12 miles for approximately 1 minute. Sonic booms would be
heard only on the open ocean. Given the infrequency and short duration
of launches, no significant
[[Page 54250]]
adverse impacts to the public would be expected.
Safety
The proposed KLC facilities would be located so that launch
vehicles would fly primarily over open water. A flight and operational
safety program would be implemented to manage risks to workers and the
public. All safety concerns will be addressed as part of AST's
licensing process.
Visual and Cultural Resources
Construction and operation of the proposed KLC would affect the
visual resources of Narrow Cape by placing five new man-made structures
into a relatively isolated area. The largest of these, the launch
service structure would be 170 feet high, 40 feet wide and 70 feet
long, and, because of the relatively flat terrain, would be visible
over most of the cape and from offshore. Because the site is isolated
and has few viewers, the visual impacts are considered non-significant.
Impacts to subsistence harvesting and archaeological or historic sites
would be minor.
Air and Water
Air quality at the proposed KLC site is excellent, and the site
area is designated an attainment area, as defined under the Clean Air
Act and implementing regulations. Because of its location in an
attainment area, no conformity review is required for the KLC. Impacts
of construction to both air and water would be short-term and minor.
Launch vehicle launch emissions of hydrogen chloride and aluminum oxide
would slightly and temporarily degrade local air quality, and the
hydrochloric acid (HCl) formed could be deposited in nearby surface
waters. KLC will conduct smaller and fewer launches per year than have
been conducted by the Air Force. Maximum concentrations of airborne HCl
resulting from KLC launches would not exceed the Air Force ceiling
value for general public exposure of 10 parts per million. Maximum
concentrations of airborne particulates resulting from launches would
not exceed the National Ambient Air Quality Standard of a 24-hour
average of 150 micrograms per cubic meter for PM-10 (particulate matter
less than 10 microns in diameter). The PM-10 standard is normally
applied to point-source, industrial type emissions. KLC launches will
be relatively infrequent with emissions that disperse quickly. The area
is designated attainable for all pollutants. A determination of
conformity with the State Air Quality Implementation Plan is not
required pursuant to Section 176(c) of the Clean Air Act, 42 U.S.C.
7401 et seq., as implemented by 40 CFR Part 51. The impacts of acid
deposition in the nearby surface waters would be minor because of
relatively low HCl emissions from the small rockets planned for launch
at KLC, the small number of launches per year, and the apparent
capacity of local streams and lakes for buffering acid inputs. Because
rocket launch impacts to air and water would be relatively minor,
occasional, and short-term, no significant impacts would be expected to
occur.
Geology and Soil Resources
Soil erosion control practices, implemented under the Stormwater
Pollution Prevention Plan, would keep impacts to soils minor. Changes
in soil pH resulting from acid deposition from launch combustion
products would be non-significant, because KLC soils already have
relatively low pHs.
Socioeconomics
Construction of the proposed KLC would result in expenditures of
$18-24 million on goods and services, which would have positive effects
on the local and regional economies. Community resources and
infrastructure are adequate to support the construction and operational
workforces. No impacts to commercial fishing are anticipated, because
launch activities at Narrow Cape will not cause restrictions on access
to nearby waters. Launch operations will be closely coordinated with
the U.S. Coast Guard; therefore, no impacts to Coast Guard activities
are anticipated.
Section 4(f)
Impacts to recreational resources would be small. The site would be
closed immediately before and during launch activities, but would
remain open for recreational activities at all other times. No
significant impacts to the Pasagshak State Recreation Area or the
Kodiak National Wildlife Refuge, located about 4 miles and 40 miles
respectively from the KLC site, would be expected because of the
distances and the limited extent of construction and operational
activities.
Land Use
The proposed action underwent a review for consistency with
standards established under the Alaska Coastal Management Program
(Alaska Administrative Code, Title Six, Chapter 80) and was issued a
final consistency determination on January 18, 1996 (see attached
letter from the State of Alaska to AADC).
Monitoring and Mitigation
As part of the licensing process for the KLC site, AADC is
developing an enhanced KLC Natural Resources Management Plan that will
address monitoring and mitigation activities for aspects of the site
and environs, including special status species, as discussed in Section
5.13 of the EA.
To address concerns expressed by the U.S. Fish and Wildlife Service
(FWS) about impacts on birds in the vicinity of the project, though
this exceeds requirements under the NEPA and ESA, the AADC and FAA have
agreed to enhance the existing KLC avian baseline survey and monitoring
plan to further scientific research in this area. Avian species to be
monitored are the bald eagle (protected under the Bald Eagle Protection
Act), and migratory seabirds, seaducks, and shorebirds (protected under
the Migratory Bird Treaty Act). The AADC shall, within 30 days of the
issuance of the FONSI, consult with the Fish and Wildlife Service Field
Supervisor (U.S. Fish and Wildlife Service, Ecological Services
Anchorage Field Office, 605 West 4th Avenue, Room, G-62, Anchorage,
Alaska 99501, 907-271-2787) and the FAA to initiate the enhancement of
the KLC avian baseline survey and monitoring plan. The KLC avian
baseline survey and monitoring plan, developed in cooperation with the
Fish and Wildlife Service, will be completed as soon as possible to
facilitate initiation of the surveying and monitoring activities, and
will be submitted to the FAA for approval and incorporation into the
KLC Natural Resources Management Plan for implementation. If monitoring
detects adverse impacts greater than those identified in the EA, AADC
would take appropriate action to mitigate these impacts. The FAA will
consider the adequacy of the KLC Natural Resources Management Plan as
part of its evaluation of AADC's license application. Per the FWS
letter to AST dated October 2, 1996, FWS's concerns have been addressed
and they do not object to the issuance of a FONSI.
Major Issues/Public Comments
The FAA received comments on the EA from three Federal agencies,
three organizations, and nine individuals (all residents of Kodiak
Island). The FAA has also discussed the issues of concern with the
Coast Guard, the National Marine Fisheries Service (NMFS) and the U.S.
Department of Interior, Fish and Wildlife Service (FWS). The major
issues raised and the FAA's resolution of these are summarized as
follows:
[[Page 54251]]
Access to coastal waters and airspace: Concerns were raised that
launch activities would restrict access to waters important to
navigation near Narrow Cape. The FAA notes that impacts to shipping,
fishing, and Coast Guard boat patrols would be minimal, as no
restrictions would be placed on waters near the launch site. With
respect to airspace conflicts, AADC will use the established methods to
warn flyers of the short and infrequent need to avoid airspace over the
launch site, and that launch activity will be suspended if aircraft
enter the avoidance zone by accident or under emergency conditions.
Impacts to Steller Sea Lions: In a letter dated August 21, 1996,
NMFS concurred with FAA's opinion that launch noise will not cause
reactions by Steller sea lions greater than minor behavioral changes.
However, because this is based on predicted rather than measured noise
levels, NMFS has requested, and AADC has agreed to perform, pre-launch
monitoring of sea lion behavior and monitoring of noise levels at sea
lion haulouts for at least the first five launches.
Impacts to migratory birds and other wildlife: The FWS raised
issues regarding the adequacy of the baseline information regarding
wildlife and the potential for adverse impacts to wildlife. The FWS
requested that further studies be conducted at the project site to
better predict impacts on fish and wildlife resources. AADC will
perform monitoring that will generate additional biological
information, and that the FAA's issuance of a launch operations license
will consider the adequancy of AADC's Natural Resources Management
Plan.
Air Quality Impacts: FAA responded to comments from the
Environmental Protection Agency (EPA) Region 10 that were received 75
days beyond closing of the official comment period. EPA raised concerns
regarding air quality modeling analyses and the application of models
and guidelines in the EA. The modeling and air quality analyses were
done using extremely conservative assumptions and input parameters such
that FAA is confident of the reliability of these analyses in
supporting the significance of potential anticipated impacts. Further,
the Alaska Department of Environmental Conservation (ADEC) concurred
and advised that no air permit or modeling requirements were necessary.
The INPUFF model and U.S. Air Force guideline for exposure to HCl are
relevant and appropriate for these analyses.
Determination
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(a) of the National Environmental Policy Act
of 1969 (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
Environmental Impact Statement for the proposed action is not required.
Issued in Washington, DC, on October 8, 1996.
Frank C. Weaver,
Associate Administrator for Commercial Space Transportation.
Attachments
FOR A COPY OF THE ATTACHMENTS OR OTHER REFERENCED MATERIAL CONTACT: Mr.
Nikos Himaras, Office of the Associate Administrator for Commercial
Space Transportation, Licensing and Safety Division, 400 Seventh
Street, SW., Washington, D.C. 20590; phone (202) 366-2455; or refer to
the following Internet address: http://www.dot.gov/dotinfo/faa/cst/
cst.html.
[FR Doc. 96-26663 Filed 10-16-96; 8:45 am]
BILLING CODE 4910-13-P
