Federal Aviation Administration July 9, 2008 – Federal Register Recent Federal Regulation Documents

In accordance with National Environmental Policy Act (NEPA) regulations and FAA Order 1050.1E, Change 1, the FAA is announcing the availability of and requesting comments on the Draft EIS for the Spaceport America Commercial Launch Site, Sierra County, New Mexico. The Federal Aviation Administration (FAA), Office of Commercial Space Transportation is the lead Federal agency for the development of this EIS. Cooperating agencies include the Bureau of Land Management; the National Park Service; United States Department of the Army, White Sands Missile Range (WSMR); and the National Aeronautics and Space Administration. The Draft EIS was prepared in response to an application for a launch site operator license from the New Mexico Spaceport Authority (NMSA). Under the Proposed Action, the FAA would issue a launch site operator license to NMSA to operate a launch facility capable of accommodating both horizontal and vertical launches of suborbital launch vehicles (LVs). The vehicles may carry space flight participants, scientific experiments, or other payloads. The proposed site is located in Sierra County, approximately 30 miles southeast of Truth or Consequences, New Mexico, and 45 miles north of Las Cruces, New Mexico. The Draft EIS addresses the potential environmental impacts of issuing a launch site operator license for horizontal launches only (Alternative 1), vertical launches only (Alternative 2), and the No Action Alternative.

This action establishes Class D airspace at Albuquerque, NM. Establishment of an air traffic control tower at Double Eagle II Airport, Albuquerque, NM, has made this action necessary for the safety of Instrument Flight Rule (IFR) operations at the airport. This action also makes minor corrections to the geographic coordinates of the airport.

A direct final rule, published in the Federal Register April 14, 2008 (73 FR 19997) docket No. FAA-2008-0339, adding additional Class D and Class E airspace at Altus AFB, Altus, OK, is being withdrawn. Although the rule became effective June 5, 2008, charting of this airspace was never completed. A new rulemaking will be forthcoming with an effective date that coincides with the new charting date.