[Federal Register Volume 64, Number 194 (Thursday, October 7, 1999)]
[Notices]
[Pages 54721-54724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26170]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Record of Decision for the Adoption of the Colorado Airspace
Initiative Prepared by the Air National Guard
AGENCY: Federal Aviation Administration.
ACTION: Record of decision.
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SUMMARY: The Federal Aviation Administration (FAA), after carefully
reviewing the Final Environmental Impact Statement (FEIS) prepared by
the Air National Guard (ANG), announces its decision to adopt the ANG
FEIS and implement the requested Special Use Airspace changes to the
National Airspace System in and around the state of Colorado. This
airspace initiative is known as the Colorado Airspace Initiative (CAI).
FOR FURTHER INFORMATION CONTACT: Elizabeth Graffin, Environmental
Specialist, Environmental Programs Division (ATA-300), Office of Air
Traffic Airspace Management, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591 (202) 267-3075.
SUPPLEMENTARY INFORMATION: As provided in 40 CFR 1506.3 and FAA Order
1050.1D, ``Policies and Procedures for Considering Environmental
Impacts,'' the FEIS of another Federal Agency may be adopted in
accordance with the procedures in 40 CFR 1506.3. Under 40 CFR
1506.3(b), if the actions covered by an EIS and the actions proposed by
another Federal agency are substantially the same, the agency adopting
another agency's statement is not required to recirculate it except as
a final statement. The FAA has determined that the proposed action of
modifying existing and establishing new military training airspace
areas over the State of Colorado is substantially the same as the
actions considered in the ANG's FEIS. FAA staff has independently
reviewed the ANG FEIS and has determined that it is current and that
the FAA NEPA procedures have been satisfied. FAA has determined that
the FEIS adequately assesses and discloses the potential environmental
impacts of the proposed action. FAA staff concluded that, after
mitigation measures are taken into consideration, the existing airspace
can be modified and new military training airspace can be established
with no significant impacts on environmental resources.
The ANG has requested this action to respond to changers in
readiness training requirements. The requirements
[[Page 54722]]
are reflected in specific United States Air Force regulations for
military aircraft and personnel operating in the affected airspace.
Additionally, this action responds to the changes in commercial
aircraft arrival and departure corridors required for operation of the
Denver International Airport.
The Text of the entire Record of Decision is provided as follows:
I. Introduction
This document serves as the Record of Decision (ROD) for the
Federal Aviation Administration's adoption of the Air National Guard's
(AGN) Final Environmental Impact Statement (FEIS) and ROD for the
proposal known as the ``Colorado Air Initiative'' (CAI).
Pursuant to Section 102(2) of the National Environmental Policy Act
of 1969 (NEPA) and the Council on Environmental Quality (CEQ)
regulations implementing NEPA procedures (40 CFR Section 1500-1508),
the ANG prepared and published a FEIS that analyzed the potential
environmental impacts associated with modification of existing airspace
and the establishment of new military training airspace in and around
the state of Colorado. The document also considered changes in airspace
utilization by military flying units.
The FEIS considered three alternatives, the ``Preferred
Alternative'', the ``Original Proposal'' and the ``No Action
Alternative'' as required by the CEQ regulations. Five other
alternatives has been identified but were eliminated from further
consideration.
The ANG has submitted the FEIS along with the supporting
aeronautical proposals to the FAA for consideration and adoption
pursuant to CEQ regulation 40 CFR Part 1506.3. The proposal submitted
by the ANG to the FAA for consideration is the alternative designated
by the ANG as the Preferred Alternative. This alternative is also the
environmentally preferred alternative. The Preferred Alternative
proposes the modification of three existing Military Operating Areas
(MOA) and four Military Training Routes (MTR), the deletion of one MTR
and a portion of one other, as well as the establishment of one MOA and
three MTRs. One MOA would remain unchanged.
The following is a discussion of the proposal submitted to the FAA,
a brief discussion of the other alternatives considered, environmental
impacts and additional mitigation measures mandated by the FAA as well
as the decision of the FAA.
II. Background
The ANG prepared the CAI FEIS in support of its request for
modification to the National Airspace System administered by the FAA.
The ANG requested these modifications to address new military airspace
training requirements in part related to the modernization of their
aircraft and weapons systems. The ANG is also seeking these
modifications in response to changes in commercial aircraft arrival and
departure corridors dictated by the FAA for the operations of the
Denver International Airport.
The ANG issued the CAI FEIS in August 1997 and executed its ROD in
October 1997. In the spring of 1998, the ANG submitted these documents
to the FAA for adoption pursuant to CEQ guidelines. Thereafter, the ANG
submitted its aeronautical proposals to the FAA, formally requesting
that the FAA make the requisite changes to the National Airspace
System.
The FAA held six informal airspace meetings. In response to many of
the comments received as well as to incorporate safety and efficiency
requirements, the FAA mandated the additional mitigation measures that
are outlined in this document.
III. Proposal
The ANG FEIS analyzed three alternatives, the Preferred
Alternative, the Original Proposal, and the No Action Alternative.
Implementation of either the Preferred Alternative or the Original
proposal would result in a reduction in the number of operations
compared to the No Action Alternative (existing conditions). Five other
alternatives were originally identified but were not carried forth for
consideration. The ANG in its ROD dated October 28, 1997, selected the
Preferred Alternative. This alternative was also the environmentally
preferred alternative. The following is a discussion of the
alternatives considered.
Preferred Alternative
The Preferred Alternative was developed in response to issues and
concerns raised during the ANG scoping process. This Alternative took
into account comments made by the CAI Working Group and recommendations
from former Governor Romer's Office.
The Preferred Alternative proposes the modification of three
existing MOAs and four MTRs, the deletion of one MTR and a portion of
one other. It also proposes the establishment of one MOA and three
MTRs. One MOA would remain unchanged. The proposal considered in the
FEIS is as follows:
Modify Kit Carson A/B MOAs and rename them Cheyenne
High and Low MOAs. Minimum altitude would be raised from 100 feet to
300 feet Above Ground Level (AGL).
Modify Pinon Canyon MOA. The eastern border would be
moved approximately 1 nautical mile (NM) to provide FAA clearance
criteria for a north-south airway.
Utilize La Veta MOA. This MOA would remain unchanged.
Modify Fremont MOA and rename Airburst MOA. The
southeastern corner would be extended east and south to connect with
the La Veta MOA. The modified airspace would be renamed Airburst A,
B and C would form contiguous airspace with the La Veta MOA and the
Airburst range. This would exclude an area over Canon City, Colorado
and Penrose, Colorado. The bottom elevation of Airburst B and C
would be 500 feet AGL.
Establish Two Buttes MOA. This MOA would be established
east of the adjoining Pinon Canyon MOA. The MOA would be divided
into low and high areas. The elevation for low would be 300 AGL to
10,000 mean Sea Level (MSL). The elevation for high would be 10,000
MSL but not higher than Flight Level (FL) 180.
Modify IR-409. The bottom elevation of this MOA would
be raised from surface to 300 feet AGL for the two final segments
and raised from surface to 500 feet AGL for the remainder of the
route. The route width would be reduced from 16 NM to 10 NM along
two segments, from 22 NM to 8 NM along one segment and from 16 NM to
6NM for the remainder.
Delete VR-412.
Modify VR 413. The floor would be raised from surface
to 500 feet AGL. The route width would be reduced to 6 NM. The
southwestern most turning point would be 12 NM along the centerline
to eliminate flights over the Great Sands Dune Natonal Monument.
Restrictions would be added to the route so that aircraft would
remain 2000 feet AGL to the maximum extend possible when they cross
the Sangre de Cristo wilderness areas between Highways 50 and 285.
Modify IR-414. The minimum altitude would be raised
from the surface to 300 feet AGL. The width would be reduced from 28
NM to 6 NM. An existing maneuver area would also be eliminated.
Establish XIR-424. Create a new MTR that would follow
the reverse ground path of IR-414 and then follow the existing
ground path of IR-409 to the Airburst Range. The bottom altitude of
XIR-424 would be 500 feet AGL from Cottonwood to Airburst Range.
Modify IR-415. This IR would be modified so that it
would join IR-409 at Cedarwood and continue to the Airburst Range.
The minimum altitude for this route would be raised from the surface
to 300 AGL beginning at Point E near Cedarwood and raised from the
surface to 500 feet AGL from Point E to Airburst Range. The width
would be reduced from 21 NM to 10 NM and from 33 NM to 10 NM.
Modify IR-416. The southern portion of this route from
Point G to Point L would be deleted. The altitude for the remaining
route
[[Page 54723]]
would be raised from the surface to 300 feet AGL.
Establish XIR-426. This new MTR would follow the
reverse ground path of the current IR-416 from Point L to Point G.
The minimum altitude of this route would be 300 feet AGL.
Establish XVR-427. This visual route would begin
approximately 7 NM south of the northern border of Cheyenne MOA. The
route would proceed southwest then north and terminate at Airburst
Range. The new VR would conform to the existing IR-409 route widths
and altitudes beginning at Point F. The minimum altitudes prior to
Point F would be 300 feet AGL.
Original Proposal
This Alternative had been identified by the ANG during its scoping
process and was retained for further consideration within the FEIS.
Under this Alternative, four existing MOAs and MTRs would be modified,
one MTR and a portion of another would be deleted, and one new MOA and
three new MTRs would be established. After considering public input
received during the scoping process, the ANG determined that the
Preferred Alternative was more responsive to the public while ensuring
that their training requirements could be accomplished.
No-Action Alternative
Under the No-Action Alternative, existing airspace would continue
to be utilized. No modifications to training airspace configuration
would occur. However, the operations at the Denver International
Airport, since its opening, have placed limitations on the ANG's use of
existing airspace. In addition, new modern warfare training
requirements mandated by the Air Force necessitated modification to the
existing airspace. The ANG determined that the existing airspace would
not enable its pilots to accomplish their training requirements in a
manner that would adequately prepare them for wartime taskings.
Therefore, this alternative was not considered a viable alternative.
Alternatives Identified But Not Carried Forward For Further Detailed
Study
Five other alternatives were originally identified by the ANG but
were eliminated from further detailed study. They are as follows: (1)
Continued use of the existing MOAs and MTRs aside from those addressed
previously and the creation of one MOA and five MTRs. The new MOAs and
MTRs were eliminated because they did not meet criteria established for
meeting aircrew proficiency requirements or were dismissed by the FAA.
(2) Establishment of 6 new MOAs. Each MOA was eliminated from further
consideration because it did not meet training or distance from home
station requirements. (3) The elimination of the 140th Wing of the
COANG. The ANG eliminated this alternative because its evaluations
demonstrated economic and logistical advantages associated with
individual state ANG units including the 140th Wing. (4) Elimination of
military training airspace in the state of Colorado. This alternative
would have impaired the ability of pilots stationed in Colorado from
accomplishing the required level of training. (5) Replacement of all
military aircraft training with simulator assisted training. Although
simulator training does assist aircrews in obtaining certain type of
training it does not provide the opportunity to obtain the most
important aspect of aircrew proficiency training, which is the
requirement to conduct actual military training flights.
Modification to the Initial Proposal Submitted to the FAA
In addition to the proposals considered in the FEIS and considered
as part of the Preferred Alternative, the ANG ROD detailed minor
modifications of five MTRs. These modifications had been requested by
the FAA stemming from the FAA's on going aeronautical review. They are
as follows:
IR-409. Corridor width narrowed along several legs.
IR-414. Corridor width narrowed under Cheyenne MOA.
XIR-424. Corridor width narrowed under Cheyenne MOA.
IR-416. Corridor width narrowed under Cougar MOA.
Southern half of the route would not be eliminated.
XIR-426. Proposal withdrawn (adoption of the no action
alternative)
IV. Environmental Consequences
The ANG, in its FEIS, considered the potential environmental
impacts associated with all three of the alternatives carried forth for
analysis. The analysis for each piece of airspace was conducted as if
the maximum possible numbers of sorties were to be performed in that
airspace. The ANG FEIS considered the potential environmental
consequences on the following: Noise, Airspace Management/Air Traffic,
Land Uses and Resources, Safety. Visual Resources and Aesthetics,
Biological Resources (Vegetation, Wildlife and Domestic Animals and
Threatened and Endangered Species), Cultural Resources, Air Quality,
Socioeconomic Resources, Earth Resources, Water Resources, Hazardous
Material Release, Human Health Effects and Natural Quiet. The EIS also
considered the cumulative impacts of the proposal.
The ANG ROD concluded the following:
Based on the analyses conducted for the EIS, neither the
Preferred Alternative, the Original Proposal, nor the No-Action
Alternative result in significant environmental impacts. Any impacts
which may occur can be minimized through the use of mitigation
measures.'' (ANG ROD pg. 8)
V. Mitigation
After the publication of the ANG ROD, the FAA held six informal
airspace meetings. From the input received from the public, as well as
to assist the FAA in disseminating real time information relating to
military training flights to the General Aviation population, the FAA
determined that additional mitigation measures were necessary. In
addition to the mitigation measures the ANG set forth in its ROD, the
FAA mandated the following modifications:
No operations to occur between the hours of 10:00 P.M.
and 7:00 A.M.
In addition to renaming the Kit Carson A/B, Cheynne,
the western boundary would be relocated 10 NM to the east.
Reduction of Pinon Canyon MOA. The eastern boundary
would be modified to coincide with the eastern edge of VR-109 and
the western boundary of Two Buttes MOA.
Airburst A modified. The eastern, southern and western
boundaries would be the same as the existing Fremont MOA. The
southern boundary would be moved north to avoid Canon City and the
Fremont Airport. Altitude would remain the same, i.e., 1500 feet AGL
but not higher than FL 180.
Airburst B modified. The southern boundary of the
existing Freemont MOA would be moved east along the southern
boundary of the Fort Carson R-2601. The altitude would be 500 feet
AGL but no higher than FL 180.
Airburst C MOA modified. The southern boundary would be
extended south of the Airburst B MOA to highway 50, then west along
highway 50 to a point south of Airburst B MOA then north to the
southwest corner of the Airburst B MOA. The altitude would be 500
feet AGL, but not higher than 8,500 feet MSL.
IR-409 modified. Point E would be deleted as an
alternative entry/exit point. The existing segment between Point H
and Point I would become VR-410/411.
Creation of VR-410 and VR-411. These MTRs were created
in lieu of the expansion of the Airburst MOA extending from R-2601
to the La Veta MOA. VR-410 and VR-411 would be 6 NM wide and would
utilize the same centerline as the existing VR-409. VR-410 would be
the northbound route and VR-411 the southbound route. The Special
Operating Procedures (SOP) for both routes would require that all
operations conducted south of U.S. Highway 50 occur at or above
8,500 feet MSL.
VR-413 narrowed in the vicinity of the town of Moffat.
Route restrictions and
[[Page 54724]]
reporting requirements added to the route SOP.
La Veta MOA modified. The northwest tip of this MOA
would be removed to accommodate Global Position System (GPS)
approach procedures and airspace to the Fremont County Airport.
Elimination of the Cougar MOA.
The environmental analysis contained within the FEIS was reviewed
by the FAA and a determination made that any potential environmental
impacts associated with the modifications made to the airspace
proposals would be consistent with those already disclosed in the FEIS.
VI. Public Involvement Process
Informal Aeronautical Meetings
In response to public interest in this proposal, the FAA held six
informal aeronautical public meetings in 1998. Meetings were held in
Saguache, Westcliffe, Penrose, Englewood, Colorado Springs and La
Junta, Colorado.
421 comments were received during these informal meetings and many
more were submitted in writing after the meetings. The comments were
read and characterized. The major issues identified by the public
during this process and responses thereto were compiled in a document
entitled ``Summary of Major Environmental Comments During FAA
Aeronautical Review.'' This summary was mailed along with the FAA's
Federal Register Notice dated April 27, 1999 declaring the Agency's
intent to adopt the ANG FEIS to those individuals who had expressed
concern about the initiative or who had attended an aeronautical
meeting.
Informal Public Comment Period
In a Federal Register Notice dated April 27, 1999, (FR Vol. 64, pg.
22670) the FAA announced that it was recirculating the ANG FEIS in
compliance with CEQ regulation 40 CFR Part 1506.3, and that it intended
to adopt the FEIS. The Federal Register Notice stated that FAA would
receive public comments for 30 days or until May 28, 1999. By letter
dated May 3, 1999, the FAA notified interested members of the public of
its intent to adopt the ANG FEIS. Also included in the mailing was a
copy of the summary of major environmental concerns discussed above.
The public comment period was extended an additional 30 days to
provide the public the opportunity to submit their comment on the
references made by the FAA to the ANG aeronautical proposal. (FR dated
May 20, 1999, Vol. 64, pg. 27612) In a letter dated May 19, 1999, the
FAA mailed a summary of those refinements to the public and extended
the period during which the FAA would receive public comments until
June 21, 1999.
At the request of members of the public, the period during which
the FAA would accept comment was extended one final time. By Federal
Register Notice dated June 11, 1999, the FAA extended the informal
public comment period to August 2, 1999. (FR Vol 64, pp. 31676-31677)
In excess of 400 comment letters were received by the FAA in
response to the Federal Register Notices announcing its intent to adopt
the ANG's FEIS. The letters were carefully read and considered. Major
areas of concern were identified and a general response was sent to
concerned citizens by letter dated August 11, 1999. All letters have
become part of the administrative record and have been considered by
the federal decision-maker.
Summary of Issues of Concern to the Public
Informal aeronautical meetings were held by the FAA to obtain
aeronautical comments related to the proposed modification to the
National Airspace System. However, the vast majority of comments made
by the public during the FAA's six informal meetings were related to
concerns about the potential for environmental impacts and the
sufficiency of the environmental analysis performed by the ANG. The
primary concern was noise and the potential impact to quality of life
for those who live under the proposed airspace. Below is a list of the
major environmental concerns identified during the informal meetings in
addition to those raised by the public during the informal public
comment period. The ANG FEIS and ROD were reviewed and a determination
made that the issues identified below were adequately analyzed within
the FEIS and ROD.
Issues of Concern
(1) Risk of aircraft accidents and the inability of local fire
and rescue to respond to an accident.
(2) Concern about overflights over Route 17.
(3) Noise impacts to the Moffat School.
(4) Potential disproportionate effects on low income and
minority populations. (Environmental Justice concerns).
(5) Risk of collisions with other airspace users.
(6) Potential impacts on children's health and safety.
(7) Noise and compatible land use, including startle effect on
horses and other livestock and sleep disturbance.
(8) Potential impacts to tourism and property values.
(9) Inability to obtain ``natural quiet'' over National Park
Service Parks.
(10) Potential Impacts to migratory birds and other wildlife.
(11) Accountability of the military pilots.
VII. Decision
After careful and thorough review of the ANG's FEIS, the FAA has
determined that the FEIS complies with the National Environmental
Policy Act of 1969, (42 U.S.C. Section 4371 et seq.), the CEQ's
implementing regulations (40 CFR Sections 1500-1508), and FAA's order
entitled ``Policies and Procedures For Considering Environmental
Impacts'' (1050 1d). The FAA has considered the contents of the ANG
FEIS, and the ANG ROD.
Under the authority delegated to me by the Administrator of the
Federal Aviation Administration, I have decided to adopt the ANG FEIS
pursuant to CEQ regulation 40 CFR 1506.3. Moreover, having considered
the environmental and aeronautical comments received from the public,
the FAA deems it necessary to undertake the additional mitigation
measures identified above.
Dated September 28, 1999.
William J. Marx,
Manager, Environmental Programs Division, Air Traffic Management
Program.
Right of Appeal
This decision is taken pursuant to 49 U.S.C. Section 40101 et seq.
and 49 U.S.C. Section 47101 and constitutes an order of the
Administrator, which is subject to review by the Court of Appeals of
the United States in accordance with the provisions of 49 U.S.C.
Section 46110.
Federal Aviation Administration, Environmental Programs Division, Air
Traffic Airspace Management Program, Attn.: Elizabeth Gaffin, rm. 422,
800 Independence Ave., SW, Washington, DC 20591.
Issued in Washington, DC, on October 1, 1999.
William J. Marx,
Manager, Environmental Programs Division.
[FR Doc. 99-26170 Filed 10-6-99; 8:45 am]
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