[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40526-40528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10149]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Office of Commercial Space Transportation; Notice of Intent To
Prepare an Environmental Impact Statement (EIS), Open a Public Scoping
Period, and Hold Public Scoping Meetings
AGENCY: The Federal Aviation Administration (FAA), National Aeronautics
and Space Administration (NASA), Fish and Wildlife Service (USFWS),
National Park Service (NPS), Coast Guard (USCG), and Department of the
Air Force (DAF).
ACTION: Notice of Intent to prepare an EIS, open a public scoping
period, and hold public scoping meetings.
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SUMMARY: This Notice provides information to Federal, State, and local
agencies; Native American tribes; and other interested persons
regarding the FAA's intent to prepare an EIS to evaluate the potential
environmental impacts of issuing a commercial launch Vehicle Operator
License to SpaceX for the Starship-Super Heavy launch vehicle at Launch
Complex 39A (LC-39A) at Kennedy Space Center (KSC), Florida. SpaceX
proposes to construct launch, landing, and other associated
infrastructure at and in proximity to LC-39A. The proposal would also
include Starship-Super Heavy launches at LC-39A; recoverable Super
Heavy booster and Starship landings at LC-39A or on a droneship; and
expendable Super Heavy booster and Starship landings in the ocean. The
FAA will prepare the EIS in accordance with the National Environmental
Policy Act of 1969, the Council on Environmental Quality Regulations
for Implementing the Procedural Provisions of NEPA, and FAA Order
1050.1F, Environmental Impacts: Policies and Procedures, as part of its
licensing process. Additional information is available online at:
https://www.faa.gov/space/stakeholder_engagement/spacex_starship_ksc.
DATES: The FAA invites interested agencies, organizations, Native
American Tribes, and members of the public to submit comments to inform
the FAA on the significant issues to be analyzed in depth in the EIS
(e.g., range of actions, alternatives, environmental impacts). The
public scoping period starts with the publication of this Notice in the
Federal Register. To ensure sufficient time to consider issues
identified during the public scoping period, comments should be
submitted by one of the methods listed under ADDRESSES no later than
June 24, 2024. All comments will receive the same attention and
consideration in the preparation of the EIS.
ADDRESSES: Comments, statements, or questions concerning scoping issues
must be identified with the Docket Number FAA-2024-1395 and may be
provided to the FAA as follows:
Federal E-Rulemaking Portal: http://www.regulations.gov.
Retrieve the docket by conducting a search for ``FAA-2024-1395'' and
follow the online instructions for submitting comments. Please note
that the FAA will post all comments on the internet without changes,
including any personal information provided.
By U.S. mail to Ms. Eva Long, FAA Environmental Protection
Specialist, c/o Leidos, 2877 Guardian Lane, Virginia Beach, VA 23452.
We encourage you to submit comments electronically through the
Federal E-Rulemaking Portal. If you submit your comments
electronically, it is not necessary to also submit a hard copy. All
comments received will be posted without change to http://www.regulations.gov. Before including your address, phone number, email
address, or other personal identifying information in your comment, be
advised that your entire comment--including any personal identifying
information you provide--may be publicly available at any time. While
you can request in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
SUPPLEMENTARY INFORMATION:
Background
When fully operational, SpaceX proposes that the Starship-Super
Heavy launch vehicle will offer a heavy lift platform that expands the
company's ability to execute the totality of its current and expected
future customers' requirements. By providing a reusable launch vehicle,
SpaceX proposes that the Starship-Super Heavy would deliver efficient
access to space and enable cost-effective delivery of cargo and people
to the moon and Mars. Currently, SpaceX is conducting flight tests of
the Starship-Super Heavy at Starbase in Boca Chica, Texas, an exclusive
use launch site that serves as SpaceX's primary research, development,
and flight test launch facility for the vehicle.
In September 2019, NASA completed the Final Environmental
Assessment for the SpaceX Starship and Super Heavy Launch Vehicle at
Kennedy Space Center (KSC) (``2019 EA'') to evaluate the potential
environmental impacts
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resulting from construction and operations associated with utilization
of LC-39A for the SpaceX Starship-Super Heavy launch vehicle in
practical applications. LC-39A is a SpaceX-leased launch site located
on northern KSC property, approximately 3 miles east of NASA's Vehicle
Assembly Building. LC-39A currently supports SpaceX Falcon 9 and Falcon
Heavy launches.
The 2019 EA established the purpose and need for Starship-Super
Heavy at KSC and LC-39A, which was to develop and implement formal
agreements with SpaceX for use of NASA assets and to provide services
and commodities to enable Starship-Super Heavy launches. Commercial use
of KSC real property supports NASA's mandate to encourage the fullest
commercial use of space, supports the goals of the National Aeronautics
and Space Act, and advances the National Space Policy that Federal
agencies shall ensure that United States (U.S.) Government space
technology and infrastructure is made available for commercial use on a
reimbursable, noninterference, and equitable basis. The need for
Starship-Super Heavy at KSC aligns with NASA's Commercial Space Launch
Act, as amended, which is to support the U.S. goal of encouraging
activities by the private sector to strengthen and expand U.S. space
transportation infrastructure.
NASA is seeking the support of the Starship-Super Heavy at KSC in
its continued mission to expand commercial uses of space and the space
industry by facilitating SpaceX efforts to strengthen U.S. space
transportation and launch infrastructure and providing greater mission
capability to NASA and SpaceX by continuing the development of ever
evolving next generation launch vehicles and spacecraft. Additionally,
NASA is seeking the support of the Starship-Super Heavy in meeting the
U.S. goal of near-term lunar exploration, such as the NASA Artemis and
Human Landing System (HLS) programs.
SpaceX proposes that the Starship-Super Heavy at KSC serves to
increase the company's operational portfolio diversity (i.e., the
ability to support multiple customer missions at different locations)
and capabilities through multiple Starship-Super Heavy launch sites,
reduce space transportation costs (including within the Artemis and HLS
programs), enhance exploration, support national leadership in space,
and make space access more affordable.
Within the context of the 2019 EA, the scope of the Proposed Action
was defined as infrastructure development and Starship-Super Heavy
operations. Infrastructure development included construction of a
launch mount for the Starship and Super Heavy Booster, a liquid methane
farm, transport road leading from the pad entrance gate to the launch
mount, high-pressure gaseous commodity lines, a deluge water system,
and a landing zone (including pad). The 2019 EA assessed approximately
24 Starship-Super Heavy launches per year, including lunar and Mars
missions, satellite payload missions, and human spaceflight. Starship
design at the time of the 2019 EA consisted of seven raptor engines,
while the Super Heavy booster consisted of 31 Raptor engines. Starship
landing locations included Landing Zone 1 at Cape Canaveral Space Force
Station (CCSFS), downrange on a droneship (converted barge), and a new
landing pad at LC-39A. Landings for Super Heavy, the first stage
booster, were proposed to occur downrange on a droneship. Super Heavy
booster returns to LC-39A were not considered in the 2019 EA. NASA's
resultant Finding of No Significant Impact (FONSI) issued on September
19, 2019, concluded that the environmental impacts associated with
Starship-Super Heavy infrastructure development and operations, within
the scope of the 2019 EA, would not individually or cumulatively have a
significant impact on the quality of the biological or physical
environment.
Since 2019, SpaceX has undertaken infrastructure improvements at
LC-39A (e.g., construction of a launch mount) consistent with the scope
of the 2019 EA. However, while the purpose and need for Starship-Super
Heavy at LC-39A have not changed, the Starship-Super Heavy concept of
operations has evolved from the original 2019 EA scope. SpaceX now
proposes to construct additional launch infrastructure not previously
contemplated in the 2019 EA: a Super Heavy booster catch tower, a
natural gas liquefaction system and air separation unit for propellant
generation, and stormwater/deluge ponds. SpaceX also proposes to launch
an advanced design of the Starship and Super Heavy vehicle (up to nine
raptor engines for Starship and up to 35 raptor engines for the Super
Heavy booster), operate at a projected higher launch tempo (up to 44
launches per year), and land the Super Heavy booster at LC-39A in
support of its reusability concept. Starship landings are no longer
proposed to occur at Landing Zone 1 at CCSFS.
In order to conduct Starship-Super Heavy launch and landing
operations from LC-39A, SpaceX must obtain a Vehicle Operator License
from the FAA. Issuing a Vehicle Operator License and approving
associated airspace closures is considered a major Federal action under
NEPA. In consideration of SpaceX's revised proposal, NASA, as the land
management agency, and FAA, as the licensing agency, have determined
that an EIS is the appropriate level of NEPA analysis to address the
adjusted scope of Starship-Super Heavy at LC-39A. SpaceX will prepare
this EIS under the supervision of the FAA which will serve as the lead
agency at NASA's request (see 40 CFR 1506.5).
The EIS will consider the potential environmental impacts of the
Proposed Action and the No Action Alternative. The successful
completion of the environmental review process does not guarantee that
the FAA would issue a Vehicle Operator License. The project must also
meet all FAA safety, risk, and indemnification requirements for the
appropriate license.
Proposed Action
The FAA's Federal Action would include (1) issuing a Vehicle
Operator License to SpaceX, as well as potential future renewals or
modifications to the Vehicle Operator License for operations that would
be within the scope analyzed in the EIS; and (2) developing one or more
formal agreements with SpaceX to outline notification procedures prior
to, during, and after an operation including Notice to Air Missions
(NOTAM), as well as issuing temporary airspace closures to ensure
public safety in accordance with FAA Order 7400.2M, Procedures for
Handling Airspace Matters.
SpaceX's Proposed Action within the context of this EIS consists of
the totality of Starship-Super Heavy infrastructure improvements and
operations, to include those identified in the 2019 EA, as well as
those adjusted scope elements described previously. This includes up to
44 Starship-Super Heavy launches per year. Launches may occur during
the day or at night. Each Starship-Super Heavy orbital launch would
include either landing the Super Heavy booster at LC-39A or downrange
in the Atlantic Ocean on a droneship or expending the booster in the
Atlantic Ocean, no closer than approximately 5 nautical miles off the
coast. Starship could also land at LC-39A or on a droneship or be
expended in the high seas between 55 degrees south latitude and 55
degrees north latitudes. SpaceX would continue to launch Falcon 9 and
Falcon Heavy missions at LC-39A while Starship-Super Heavy is
operational.
While infrastructure improvements consistent with the 2019 EA are
already
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underway, additional infrastructure improvements at LC-39A associated
with the evolved Starship-Super Heavy program to be addressed in this
EIS include, but are not limited to, a Super-Heavy catch tower; onsite
facilities for propellant generation and propellant storage (e.g.,
natural gas pretreatment system and methane liquefier); cooling tower;
air separation unit; and deluge system.
The potential environmental impacts of all proposed construction
and operational activities, including those from launch and landing,
will be analyzed in the EIS. The EIS will evaluate the potential
environmental impacts associated with air quality; biological resources
(including fish, wildlife, and plants); climate; coastal resources;
Department of Transportation Act, Section 4(f); farmlands; hazardous
materials, solid waste, and pollution prevention; historical,
architectural, archeological and cultural resources; land use; natural
resources and energy supply; noise and noise-compatible land use;
socioeconomics, environmental justice, and children's health and safety
risks; visual effects; and water resources (including wetlands,
floodplains, surface waters, groundwater, and wild and scenic rivers).
This analysis will consist of an evaluation of potential direct and
indirect impacts and will account for cumulative impacts from other
relevant activities in the vicinity of the action.
Concurrent with the NEPA process, the FAA is initiating National
Historic Preservation Act section 106 Consultation to determine the
potential effects of the Proposed Action on historic properties.
Additionally, the FAA is consulting with the USFWS under section 7 of
the Endangered Species Act (ESA) regarding potential impacts on
federally listed threatened and endangered species. The FAA is also
consulting with the National Marine Fisheries Service under section 7
of the ESA and the Marine Mammal Protection Act for potential impacts
on protected marine species. Pursuant to the U.S. Department of
Transportation Act of 1966, this EIS will comply with the requirements
of section 4(f) of the Act, as applicable.
Alternatives
The Council on Environmental Quality defines ``reasonable
alternatives'' as those ``that are technically and economically
feasible and meet the purpose and need for the proposed action.'' (40
CFR 1508.1(z)). Through an alternative screening process based on
Starship-Super Heavy requirements and the purpose and need, the 2019 EA
established LC-39A as the approved location for Starship-Super Heavy
operations, and infrastructure development based on NASA's 2019 FONSI
is already underway. LC-39A could provide time-critical mission
capability to NASA and commercial pursuits via the Starship-Super
Heavy. In addition to existing launch infrastructure, LC-39A could
provide launch site diversity for Starship-Super Heavy to meet the
purpose and need for near-term lunar exploration under the NASA Artemis
and HLS programs.
Given the above, the only alternative to the Proposed Action as
described in this EIS is the No Action Alternative. Under the No Action
Alternative, FAA would not issue a Vehicle Operator License for
Starship-Super Heavy operations at LC-39A. SpaceX would not implement
further improvements or launch Starship-Super Heavy from LC-39A.
Potential impacts associated with the No Action Alternative will be
analyzed in this EIS.
Scoping Meetings
FAA will hold three IN-PERSON scoping meetings and one VIRTUAL
public scoping meeting. The meetings will allow the public to receive
information on the Proposed Action, meet lead and cooperating agency
representatives, and provide comments to the record.
The IN-PERSON meetings will be held on June 12, 2024, and June 13,
2024. The June 12, 2024, meetings will be held from 2 p.m.-4 p.m. and 6
p.m.-8 p.m. (Eastern) at the Radisson Cape Canaveral, 8701 Astronaut
Blvd., Cape Canaveral, Florida 32920. The June 13, 2024, meeting will
be held from 6 p.m.-8 p.m. (Eastern) at the Kennedy Space Center
Visitor Complex, Space Commerce Way, Merritt Island, Florida 32953. All
meetings will consist of an open house information-station format
wherein the FAA will provide information describing the purpose of the
scoping meetings, project schedule, opportunities for public
involvement, Proposed Action and alternatives summary, and
environmental resource area summary. Fact sheets will be made available
containing similar information. At any time during the meetings, the
public will have the opportunity to provide verbal comments to a court
reporter or written comments via a written comment form at one of
several commenting stations. English-Spanish translation services will
be provided at the in-person meetings.
The VIRTUAL meeting will be held on June 17, 2024; 6 p.m.-8 p.m.
(Eastern); the URL and call-in number for the meeting will be provided
in advance on the FAA's project website https://www.faa.gov/space/stakeholder_engagement/spacex_starship_ksc. The virtual meeting will
consist of a closed-captioned auto-run presentation describing the
purpose of the scoping meetings, project schedule, opportunities for
public involvement, Proposed Action and alternatives summary, and
environmental resource area summary. Presentations will be run at the
beginning of each hour. Members of the public may provide written
comments via the chat function during the presentation and for the
remainder of each hour. Verbal comments up to three minutes can be
given after the completion of each presentation. A moderator will
facilitate verbal comments. English-Spanish translation services for
verbal comments will be provided. Both English and Spanish versions of
the presentation will be made available to the public on FAA's project
website.
More information regarding the scoping meetings, along with any
published scoping materials, is available on FAA's project website at
https://www.faa.gov/space/stakeholder_engagement/spacex_starship_ksc.
Issued in Washington, DC.
Daniel P. Murray,
Executive Director, Office of Operational Safety.
[FR Doc. 2024-10149 Filed 5-9-24; 8:45 am]
BILLING CODE 4910-13-P