FAA – Office of Commercial Space Transportation; Availability of Finding of No Significant Impact (FONSI) and Record of Decision (ROD) for Actions Related to Environmental Assessment for the Expansion of the Wallops Flight Facility Launch Range

August 16, 2010 at 9:28 am | Posted in Space Law Current Events | Leave a comment

by Sara M. Langston with the blog faculty

Source: Federal Register

SUMMARY: In accordance with the National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4321-4347 (as amended), Council on Environmental
Quality NEPA implementing regulations (40 Code of Federal Regulations
(CFR) parts 1500 to 1508), and FAA Order 1050.1E, Change 1, the FAA is
announcing the availability of a FONSI/ROD, based on the analysis and
findings of the National Aeronautics and Space Administration’s (NASA)
August 2009 Environmental Assessment for the Expansion of the Wallops
Flight Facility Launch Range (the EA). The FAA (Office of Commercial
Space Transportation) participated as a cooperating agency with NASA in
the preparation of the EA, which evaluates the potential environmental
impacts of the proposed expansion of the Mid-Atlantic Regional
Spaceport (MARS) at NASA’s Goddard Space Flight Center Wallops Flight
Facility (WFF). As the MARS expansion would require Federal actions (as
defined in 40 CFR Section 1508.18) involving both NASA and the FAA, the
EA was prepared to satisfy the NEPA obligations of both agencies. NASA,
as the WFF property owner and lead agency, is responsible for ensuring
overall compliance with applicable environmental statutes, including
NEPA. The FAA served as a cooperating agency in the preparation of the
EA because of its role in (1) licensing the Virginia Commercial Space
Flight Authority (VCSFA) which operates MARS as a commercial launch
site and (2) issuing licenses or permits to operate commercial launch
and reentry vehicles at MARS. The FAA has formally adopted the EA and
is using the FONSI/ROD to support the modification or renewal of
VCSFA’s Launch Site Operator License and issuance of licenses or
experimental permits for commercial launch and reentry vehicles at
MARS.
Under the Proposed Action in the EA, NASA and MARS facilities would
be upgraded to support up to and including medium large class
suborbital and orbital expendable launch vehicle (ELV) launch
activities from WFF. NASA’s Preferred Alternative includes site
improvements required to support launch operations (such as facility
construction and infrastructure improvements); testing, fueling, and
processing operations; up to two static fire tests per year; launching
up to six orbital-class vehicles per year from Pad 0-A; and the reentry
of associated crew or cargo capsules. Implementation of NASA’s
Preferred Alternative would result in a maximum of 18 orbital-class
vehicle launches from MARS Launch Complex 0 (twelve existing launches
from Pad 0-B and six additional launches from Pad 0-A). As several
different launch and reentry vehicles could launch from MARS Pad 0-A,
the largest launch vehicle and payload (which could include a reentry
vehicle), in terms of size, weight, and dimension, was chosen as the
demonstration, or “envelope,” vehicle and payload to provide a
benchmark for assessing impacts on resources at WFF and the surrounding
environment. Orbital Sciences Corporation’s Taurus II would be the
largest ELV expected to be launched from MARS Pad 0-A under the
Proposed Action. Therefore, the Taurus II was selected as the envelope
launch vehicle for purposes of the EA. Orbital Sciences Corporation’s
Cygnus Capsule and Space Exploration Technologies Corporation’s Dragon
Capsule were evaluated as potential reentry vehicles. The EA addresses
the potential environmental impacts of implementing the EA’s Proposed
Action and the No Action Alternative. Under the No Action Alternative,
NASA and MARS would not proceed with expansion activities at Pad 0-A.
Based on its independent review and consideration, the FAA issued a
FONSI/ROD concurring with the analysis of impacts and findings in the
EA and formally adopting the EA to support the modification or renewal
of VCSFA’s Launch Site Operator License and issuance of launch and
reentry licenses or experimental permits to operate commercial vehicles
at MARS. After reviewing and analyzing available data and information
on existing conditions, potential impacts, and measures to mitigate
those impacts, the FAA has determined that neither modification or
renewal of VCSFA’s Launch Site Operator License nor issuance of launch
and reentry licenses or experimental permits to operate commercial
vehicles at MARS are Federal actions that would significantly affect
the quality of the human environment within the meaning of NEPA.
Therefore, the preparation of an EIS is not required, and the FAA has
issued a FONSI/ROD. The FAA made this determination in accordance with
all applicable environmental laws and FAA regulations.
NASA has posted the EA on the Internet at http://
sites.wff.nasa.gov/code250/expansion_ea.html. The FAA has posted the
FONSI/ROD on the Internet at http://www.faa.gov/about/office_org/
headquarters_offices/ast/.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Czelusniak, Environmental
Specialist, Office of Commercial Space Transportation, Federal Aviation
Administration, 800 Independence Avenue, SW., Room 331, Washington, DC
20591, telephone (202) 267-5924; E-mail daniel.czelusniak@faa.gov.

Issued in Washington, DC, on August 4, 2010.
Michael McElligott,
Manager, Space Systems Development Division.
[FR Doc. 2010-19994 Filed 8-13-10; 8:45 am]
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