[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57643-57645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26201]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration's 
Record of Decision for the Establishment and Modification of Oregon 
Military Training Special Use Airspace Identified as Warning Area 570, 
Eel Military Operation Area Complex, Redhawk Military Operation Area 
Complex, and Juniper/Hart Military Operation Area Complex and the 
Federal Aviation Administration's Adoption of the Final Environmental 
Impact Statement (EIS) Prepared by the Oregon Air National Guard/
National Guard Bureau for the Proposed Establishment and Modification 
of Oregon Military Training Airspace (EIS No. 20170197)

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 57644]]


ACTION: Notice of Availability of a September 29, 2017 Record of 
Decision.

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

SUMMARY: On September 29, 2017, the FAA signed its Adoption/Record of 
Decision (ROD) for its aeronautical action--the modification and 
establishment of Military Operation Areas (MOAs), Air Traffic 
Controlled Assigned Airspace (AATCAs) and Warning Areas for the Oregon 
Military Training Airspace. The Adoption/ROD identifies the 
aeronautical action and states the FAA decision to modify existing 
airspace and establish new airspace to support the Oregon Air National 
Guard's F-15 training operations. In accordance with FAA Order 1050.1F, 
paragraphs 9-2, Adoption of Other Agencies' National Environmental 
Policy Act Documents, and 7400.2L, paragraph 32-2-3, the FAA has 
conducted an independent review and evaluation of the Air National 
Guard, National Guard Bureau and U.S. Air Force's Final Environmental 
Impact Statement (FEIS) for the proposed Establishment and Modification 
of Military Operation Areas (MOAs) and Warning Area. Based on its 
independent review, the FAA has determined that the EIS and its 
supporting documentation, as incorporated by reference, adequately 
assess and disclose the environmental impacts of the FAA's proposed 
aeronautical action and that the adoption of the FEIS by the FAA is 
authorized.
    Accordingly, the FAA adopts the FEIS, Appendices and all 
information identified therein, incorporated by reference and made 
publicly available. Further, the FAA's September 29, 2017 Adoption/
Record of Decision (ROD) is based on its adoption of the FEIS and the 
FEIS' identification, analysis and conclusions regarding resources, and 
environmental effects of the ANG/NGB's Proposed Action.

DATES: Applicable date: December 6, 2017.

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

SUPPLEMENTAL INFORMATION: The FAA adopts the Oregon Air National Guard/
National Guard Bureau's Final EIS for the Proposed Establishment and 
Modification of Oregon Military Training Airspace. The FEIS analyzed 
the potential environmental impacts from the establishment of new 
military training airspace and modifications to existing military 
training airspace located over coastal, central, and eastern Oregon, 
the Pacific Ocean, a small area of northwestern Nevada, and the 
southwestern-most corner of Washington.
    The proposed action would modify existing Air Traffic Control 
Assigned Airspaces (ATCAAs) and Military Operations Areas (MOAs), and 
establish new MOAs and ATCAAs to provide properly configured and 
located military airspace supporting efficient, realistic, mission-
oriented training. Specifically, the proposed Action will achieve the 
purpose of providing properly configured and located military airspace 
to enable efficient, realistic mission-oriented training with adequate 
size and within reasonably close proximity to support the advanced 21st 
century air-to-air tactical fighter technologies. The Proposed Action 
will also enable, achieve and provide the military airspace necessary 
for the current and evolving training mission requirements of the 
Oregon ANG in an era of increased operational complexity. Recent 
improvements to the F-15's radar, along with other avionics upgrades 
and the growing reliance on stand-off tactics, techniques, and 
procedures (TTP) require a larger volume of training airspace than 
currently exists in the airspace managed by both the 142d Fighter Wing 
(142 FW) and 173d Fighter Wing (173 FW). Other factors contributing to 
the need for the airspace modifications are the travel distance and 
time required to access existing training airspace areas, and the 
frequency of weather conditions that limit the availability of coastal 
airspace areas for operational training. The adoption of the FEIS by 
the FAA is consistent with and authorized pursuant to NEPA implementing 
regulations at 40 CFR 1506.3.
    On August 29, 2017, the USAF signed the Record of Decision (ROD) 
for the Establishment and Modification of Oregon Military Training 
Airspace. The Air National Guard Bureau, Department of the Air Force's 
Notice of Availability (NOA) of the USAF's ROD was published in the 
Federal Register on September 12, 2017. (82 FR 42803). The NOA states 
that the ROD is the USAF decision to modify existing airspace and 
establish new airspace to support the Oregon Air National Guard's F-15 
training operations and to implement practicable mitigations. Further, 
the NOA states the USAF's decision was ``based on matters addressed in 
the FEIS for the Proposed Modification of Oregon Military Training 
Airspace; contributions from the public, tribes, regulatory agencies; 
and other relevant factors''. The FEIS was made available to the public 
on May 19, 2017 through a NOA in the Federal Register (82 FR 22997) 
with a 30-day wait period that ended on June 19, 2017. (82 FR 42803).
    An agency need not prepare a new or supplemental environmental 
document if there are no substantial changes in the proposed action 
that are relevant to environmental concerns, and that data and analyses 
contained in the EIS are still substantially valid that there are no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the proposed action or its impacts.
    The FAA conducted an independent evaluation and determined that the 
above referenced FEIS adequately addresses the relevant FAA actions and 
meets the applicable standards under NEPA and its implementing 
regulations at 40 CFR 1500-1508, and FAA Order 1050.1F. The FAA's 
September 29, 2017 Adoption/Record of Decision (ROD) for the 
Establishment and Modification of Oregon Military Training Special Use 
Airspace--as described in its ROD--is based on its independent review, 
evaluation and subsequent adoption of the FEIS prepared by the Oregon 
Air National Guard/National Guard Bureau.

Decision and Approval

    After careful consideration of the FAA's statutory mandate under 49 
U.S.C. 40103 to ensure the safe and efficient use of the national 
airspace system as well as the other aeronautical goals and objectives 
discussed in the FEIS, the FAA concurs with the military that the 
Proposed Action--as defined in the FAA's September 29, 2017 Adoption/
Record of Decision (ROD)--provides the best airspace combination for 
meeting the needs stipulated in the FEIS, and that all practical means 
to avoid or minimize environmental harm from that alternative have been 
adopted.
    Accordingly, under the authority delegated by the Administrator of 
the Federal Aviation Administration, the FAA's September 29, 2017 
Adoption/Record of Decision (ROD) approves and authorizes all agency 
action to modify and to establish the new Special Use Airspace, as 
described.
    The FAA's September 29, 2017 adoption/final decision signifies that 
applicable Federal environmental requirements relating to the Proposed 
Action have been met. The September 29, 2017 Adoption/Record of 
Decision (ROD) enabled the FAA to complete its non-rulemaking actions 
to establish and modify the Military Operation Areas and Warning Area. 
The September 29, 2017 Adoption/Record of Decision (ROD) is available 
at the FAA's Web site

[[Page 57645]]

and can be viewed at: https://www.faa.gov/air_traffic/environmental_issues/.

Right of Appeal

    The FAA's September 29, 2017 Adoption/Record of Decision (ROD) for 
the Establishment and Modification of Oregon Military Training Special 
Use Airspace 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.

    Issued in Washington, DC, on November 29, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-26201 Filed 12-5-17; 8:45 am]
BILLING CODE 4910-13-P