[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71163-71164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24890]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration 
Record of Decision and Adoption of Department of Navy's Final 
Environmental Impact Statement for Military Readiness Activities at the 
Naval Weapons Systems Training Facility Boardman, Oregon

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of record of decision.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
decision to adopt the Department of the Navy's (DoN) Final 
Environmental Impact Statement (EIS) for Military Readiness Activities 
at Naval Weapons Systems Training Facility Boardman, Oregon, EIS No. 
20150355. In accordance with Section 102 of the National Environmental 
Policy Act of 1969 (``NEPA''), the Council on Environmental Quality's 
(``CEQ'') regulations implementing NEPA (40 CFR parts 1500-1508), and 
other applicable authorities, including The Federal Aviation 
Administration (FAA) Order 1050.1F, Environmental Impacts: Policies and 
Procedures, paragraph 8-2, and FAA Order JO 7400.2K, ``Procedures for 
Handling Airspace Matters,'' paragraph 32-2-3, the FAA has conducted an 
independent review and evaluation of the DoN's Final Environmental 
Impact Statement (EIS) for Military Readiness Activities at the at 
Naval Weapons Systems Training Facility (NWSTF) Boardman, Oregon, dated 
December 2015. As a cooperating agency with responsibility for 
approving special use airspace under 49 U.S.C. 40103(b)(3)(A), the FAA 
provided subject matter expertise and closely coordinated with the DoN 
during the environmental review process, including preparation of the 
Draft EIS and the Final EIS. Based on its independent review and 
evaluation, the FAA has determined the Final EIS, including its 
supporting documentation, as incorporated by reference, adequately 
assesses and discloses the environmental impacts of the for Military 
Readiness Activities at the at NWSTF Boardman, Oregon, and that 
adoption of the Final EIS by the FAA is authorized under 40 CFR 1506.3, 
Adoption. Accordingly, the FAA adopts the FEIS, and takes full 
responsibility for the scope and content that addresses the proposed 
changes to special use airspace for NWSTF Boardman.

FOR FURTHER INFORMATION CONTACT: Paula Miller, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-7378.

SUPPLEMENTAL INFORMATION:

Background

    In August 2012, in accordance with the National Environmental 
Policy Act and its implementing regulations, the DoN released a Draft 
EIS. The Draft EIS presented the potential environmental consequences 
of the DoN's proposal to achieve and maintain military readiness by 
analyzing the military training activities at NWSTF Boardman, Oregon. 
As a result of public, agency, and tribal comments during the 60-day 
public comment period on the Draft EIS, and the FAA aeronautical review 
process, the DoN, FAA, other federal and state agencies, and tribal 
governments have consulted to mitigate concerns while continuing to 
meet national defense training requirements. The DoN is the proponent 
for the NWSTF Boardman and is the lead agency for the preparation of 
the FEIS. The FAA is a cooperating agency responsible for approving 
special use airspace as defined in 40 CFR 1508.5.

Implementation

    As a result of the public comments received, the aeronautical 
studies, environmental analysis, the FAA is establishing the Boardman 
Low Military Operations Area (MOA) and amending the Boardman MOA. The 
Boardman MOA legal description has been modified from the description 
circularized to the public from July 18 through August 31, 2014. After 
the conclusion of the Aeronautical Study comment period, the FAA 
changed the coordinates of the airspace action to incorporate the 
proposed expansion that was circularized to the public consistent with 
the intent of the proposal stated in the circular and Aeronautical 
Study recommendation. The result is the change amends the existing 
Boardman MOA's description instead of creating a separate MOA for the 
expansion area. One coordinate in the Boardman Low MOA was changed to 
more accurately

[[Page 71164]]

reflect the airspace action. The revised legal descriptions do not 
change the special use airspace request or the analysis done in the 
Final EIS and the Aeronautical Study. The modification to the legal 
description did not change the area of analysis; therefore, the 
environmental and aeronautical analyses are still valid. The legal 
descriptions for the Boardman MOAs being established, as noted in this 
notice, will be published in the NFDD with a November 10, 2016 
effective date. A copy of the FAA Record of Decision is available on 
the FAA Web site.

Right of Appeal

    The Adoption/ROD for the changes to the Boardman MOAs constitutes a 
final order of the FAA Administrator and is subject to exclusive 
judicial review under 49 U.S.C. 46110 by the U.S. Circuit Court of 
Appeals for the District of Columbia or the U.S. Circuit Court of 
Appeals for the circuit in which the person contesting the decision 
resides or has its principal place of business. Any party having 
substantial interest in this order may apply for review of the decision 
by filing a petition for review in the appropriate U.S. Court of 
Appeals no later than 60 days after the date of this notice in 
accordance with the provisions of 49 U.S.C. 46110. Any party seeking to 
stay implementation of the action as stated in the ROD must file an 
application with the FAA prior to seeking judicial relief as provided 
in Rule 18(a) of the Federal Rules of Appellate Procedure.

    Dated: October 6, 2016.
Richard Roberts,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-24890 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-13-P