Finding of No Significant Impact

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

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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