Streamlining NEPA for Reusable Launch Vehicles Federal Aviation Administration Associate Administrator for Commercial Space Transportation May 2004

Perception of Environmental Review Process Resource intensive –Costs too much –Takes too much time creating delays Not the primary mission of launch operators Inconvenient at best, burdensome at worst…however it is the law

What Is NEPA? The National Environmental Policy Act (NEPA) is the basic national charter for protection of the environment Two basic objectives –Ensure that decision-makers consider the environment in planning projects –Prevent/minimize damage to the environment

How Does NEPA Apply to AST? Licensing launches and reentries and licensing the operation of launch and reentry sites are Federal actions All Federal actions are subject to NEPA Environmental determination MUST be complete before decisions are made and actions are taken (e.g., begin site construction) In addition to NEPA, other Federal, state, and local environmental requirements may apply

What is AST Doing to Ease the Burden? AST is developing a Programmatic Environmental Impact Statement (PEIS) to –Address horizontal launches and reentries of all reentry vehicles –Serve as a tiering document for subsequent site- and vehicle-specific analysis AST is conducting a study to determine the feasibility of developing a CATEX for launches of suborbital launch vehicles

Programmatic Environmental Impact Statement

What are Programmatic Analyses? Analyze a broad plan or action with multiple phases or activities Cumulatively consider actions similar in scope, timing, or geography Tiering documents for subsequent relevant NEPA analyses

Why are Programmatic Analyses Useful? Address program-wide impacts, providing a roadmap for analysis of future activities Can be tiered from to support subsequent NEPA analyses of specific activities Allow NEPA analyses to focus on unique impacts of a specific activity at a specific location

AST’s Programmatic Analyses February Programmatic Environmental Assessment of Commercial Expendable Launch Vehicles May PEIS for Commercial Reentry Vehicles May PEIS for Licensing Launches Under development - PEIS for Licensing Launches of Horizontally Launched Vehicles and Reentries of Reentry Vehicles

AST’s New PEIS Proposed Action –License launch of horizontally launched vehicles –License reentry of reentry vehicles Alternatives to the Proposed Action –Licensing subsets of vehicle activities –No Action

Categorical Exclusion

CATEX CATEXs are prepared for –Categories of actions that do not individually or cumulatively have a significant effect on the environment –Actions not requiring preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS) Extraordinary circumstances (defined in Agency regulations) can preclude use of a CATEX for a normally excluded action

DOT and FAA CATEXs DOT Order C –Contains 6 CATEXs FAA Order D –Contains 10 CATEXs covering general actions and 53 CATEXs covering specific actions Currently there are no CATEXs that cover launch activities

Current CATEX Study Considering applicability of CATEX for some classes of suborbital launch vehicles Designed to help launch applicants avoid –Excessive cost from environmental reviews –Delays in schedule Would primarily benefit launch operators; launch sites will still require a more extensive review

CATEX Study Process Yes No More Study Required? End DOT Review End Disapproved Revise As Req'd AEE Review CEQ Review and Approval Revise As Req'd Revise As Req'd Study Report CATEX Supported? ICF Study Yes CATEX Package Legal Review AGC Prepare CATEX supporting documents and briefing package Release draft CATEX in federal register for 30 day comment No comment Revise FAA to Include new CATEX Substantial comment Notify AGC, AEE DOT

How Can You Get Involved? Provide data or descriptions of proposed launch and reentry vehicles Provide comments on the Draft PEIS, when available Visit AST’s PEIS web site