[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Pages 46775-46776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19105]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Availability of the Federal Aviation Administration
Record of Decision and Adoption of the Portions Specific to the Battle
Area Complex Restricted Area R-2201 (BAX R-2201) and the Expand
Restricted Area R-2205, Including the Digital Multi-Purpose Training
Range (DMPTR R-2205), of the Final Environmental Impact Statement for
Modernization and Enhancement of Ranges, Airspace, and Training Areas
in the Joint Pacific Alaska Range Complex in Alaska
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of record of decision.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
decision to adopt the portions specific to the BAX R-2201 and DMPTR R-
2205 of the United States Departments of the Army (Army) and Air
Force's (USAF) Final Environmental Impact Statement (EIS) for the
Modernization and Enhancement of Ranges, Airspace, and Training Areas
in the Joint Pacific Alaska Range Complex (JPARC) in Alaska, EIS No.
20130181. In accordance with Section 102 of the National Environmental
Policy Act of 1969 (``NEPA''), the Council on Environmental Quality's
(``CEQ'') regulations implementing NEPA, 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 7400.2M, ``Procedures for Handling Airspace Matters,''
paragraph 32-2-3, the FAA has conducted an independent review and
evaluation of the Army and the USAF's Final EIS for Modernization and
Enhancement of Ranges, Airspace, and Training Areas in the JPARC in
Alaska, dated June 2013. As a cooperating agency with responsibility
for approving special use airspace (SUA), the FAA provided subject
matter expertise and coordinated with the USAF and Army 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, and other supporting
documentation incorporated by reference for FAA's Written Re-Evaluation
and Adoption of the Final EIS adequately assesses and discloses
[[Page 46776]]
the environmental impacts of the for Modernization and Enhancement of
Ranges, Airspace, and Training Areas in the JPARC in Alaska. FAA is
authorized to adopt the Final EIS, Adoption. Accordingly, the FAA
adopts the Final EIS, and takes full responsibility for the scope and
content that addresses the proposed changes to SUA for JPARC.
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;
email: [email protected]; telephone: (202) 267-7378.
SUPPLEMENTARY INFORMATION:
Background
In March 2012, in accordance with NEPA and its implementing
regulations, the USAF and Army released a Draft EIS. The Draft EIS
presented the potential environmental consequences of the USAF and
Army's proposal to modernize and enhance JPARC ranges by analyzing the
military training activities at JPARC, Alaska. As a result of the FAA
aeronautical review process, and public, agency, and tribal comments
during the 111-day public comment period on the Draft EIS, the USAF,
FAA, other federal and state agencies, and tribal governments have
consulted to mitigate concerns while continuing to meet national
defense training requirements. The USAF and Army are the proponents for
the JPARC Modernization and were the lead agencies for the preparation
of the Final EIS, which was issued in June 2013. The FAA is a
cooperating agency responsible for approving SUA as defined in 40 CFR
1508.5.
The FAA has independently evaluated the JPARC Final EIS and the
accompanying SUA proposals. FAA previously issued a Record of Decision
(ROD) for the USAF SUA proposals because they were ripe for a decision
while the Army SUA proposals are currently still undergoing
aeronautical processing and development. The Army SUA proposals are now
ripe for a decision; therefore, the scope and extent of FAA's ROD is
only for the Army SUA proposals.
The USAF and Army issued one ROD. The ROD lists the Army and USAF
actions and decisions separately. The ROD includes an Army Decision,
signed July 30, 2013, and an USAF Decision signed August 6, 2013. The
Army selected the preferred alternatives for BAX R-2201, DMPTR R-2205,
and Unmanned Aerial Vehicle (UAV) Access. The Army/USAF ROD also lists
mitigation measures by agency and specific action. The FAA has
coordinated with the Army on UAV Access on an alternative solution of
implementing Certificates of Authorization, since the activity does not
qualify for a restricted area.
Implementation
After evaluating the public comments received, the aeronautical
studies, and the environmental analysis, the FAA is establishing BAX R-
2201and expanding DMPTR R-2205. On March 6, 2017, the FAA published a
notice of proposed rulemaking (NPRM) proposing to establish BAX R-2201
in the Federal Register (82 FR 12529). In response to public comments
expressing concerns over the impact to general aviation aircraft, the
FAA subsequently published a Supplemental NPRM in the Federal Register
on January 11, 2018 (83 FR 1316), that would reduce the overall size of
the proposed BAX R-2201 by 50 percent. On March 6, 2019, the FAA
published a NRPM (82 FR 12526) to expand DMPTR R-2205. Minor changes to
reduce the size of R-2205 were made from what was analyzed in the FEIS
to improve aviation safety and reduce the burden on non-participating
traffic to help civil pilots remain well clear of hazardous activities
while following the river during VFR flights and to avoid the Alaska
Pipeline.
FAA. The August 29, 2019 Written Re-Evaluation/Adoption/ROD is
available on the FAA website and can be viewed at https://www.faa.gov/air_traffic/environmental_issues/.
Right of Appeal
The Written Re-evaluation, Adoption, and ROD for the changes to the
JPARC 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.
Issued in Des Moines, WA, on August 26, 2019.
B.G. Chew,
Acting Manager, Operations Support Group, Western Service Center,
Federal Aviation Administration.
[FR Doc. 2019-19105 Filed 9-4-19; 8:45 am]
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