[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55926-55927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19962]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Adoption of Environmental Assessment for Long Range 
Discrimination Radar Performance Testing, Clear Air Force Station, 
Alaska, and Finding of No Significant Impact and Record of Decision for 
Temporary Flight Restrictions.

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of the FAA's Adoption 
of Missile Defense Agency Environmental Assessment for Long Range 
Discrimination Radar (LRDR) Performance Testing, Clear Air Force 
Station (CAFS), Alaska, and Finding of No Significant Impact and Record 
of Decision for Temporary Flight Restrictions in the Vicinity of CAFS 
for LRDR Performance Testing. This document sets forth: (1) The FAA's 
adoption of the Missile Defense Agency's (MDA) Environmental Assessment 
for Long Range Discrimination Radar (LRDR) Performance Testing, Clear 
Air Force Station (CAFS), Alaska; (2) the FAA's finding that no 
significant environmental effects would result from two proposed 
temporary flight restrictions (TFRs) the FAA would issue to protect 
aviation from high-intensity radiated fields generated during the LRDR 
performance testing; and (3) the FAA's decision to approve the TFRs.

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.

SUPPLEMENTARY INFORMATION:

Background

    MDA prepared a Final Environmental Assessment (FEA) for performance 
testing of a LRDR at CAFS, Alaska. The FEA includes analysis of the 
potential environmental effects of two TFRs that

[[Page 55927]]

would be issued by the FAA pursuant to Title 14, Code of Federal 
Regulations, Section 99.7, Special Security Instructions, to protect 
aviation from high-intensity radiated fields generated by the LRDR 
during the testing. MDA provided a Preliminary FEA for public review 
from May 4, 2020, to June 2, 2020, and three comments were received. 
The FEA was issued in July 2020, and MDA and the Department of the Air 
Force (DAF) issued their Finding of No Significant Impact (FONSI) on 
July 24, 2020.\1\
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    \1\ The FEA and the MDA/DAF FONSI are posted on MDA's website at 
https://www.mda.mil/system/lrdr/.
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    The LRDR performance testing would occur for 16 hours a day 
(specific times to vary by time of year) for 12 to 18 months. During 
the testing hours, the larger of the two TFRs, which would apply in an 
area defined as Zone 1 in the FEA, would be continuous (active every 
day during the testing period); and the other TFR, which would apply in 
an area defined as in Zone 2 in the FEA, would be non-continuous, 
active for two hours a day (Tuesdays, Thursdays, and Saturdays, from 
2:00 a.m. to 4:00 a.m. local Alaska time). During the activation hours 
of the TFRs, the existing instrument flight rules arrival and departure 
procedures at Healy River Airport, and emergency aircraft and medical 
evacuation flights into and out of Clear Airport, would be available 
through processes defined in a Letter of Agreement between MDA, CAFS, 
and the FAA. Also, the FAA would provide notice (via Notices to Airmen 
[NOTAMs]) of: (1) The unavailability of affected approach procedures at 
Ted Stevens Anchorage International Airport (ANC); and (2) the 
unavailability of affected portions of airways V-436 and J-125.
    In accordance with regulations of the Council on Environmental 
Quality (CEQ) implementing the National Environmental Policy Act of 
1969 (NEPA), and FAA Order 1050.1F, Environmental Impacts: Policies and 
Procedures, the FAA participated as a cooperating agency on the FEA. In 
that capacity, the FAA coordinated closely with MDA, provided subject 
matter expertise, and participated actively in the FEA's preparation.
    Consistent with CEQ guidance, FAA Order 1050.1F provides that the 
FAA may adopt another agency's Environmental Assessment (EA) for the 
purpose of compliance with NEPA. To do so, the FAA must determine, 
based on an independent evaluation, that the other agency's EA: (1) 
Adequately addresses the FAA's action; and (2) meets the applicable 
standards in FAA Order 1050.1F and CEQ's regulations implementing NEPA.
    After independently evaluating the FEA, the FAA has determined that 
the document adequately addresses the proposed TFRs and meets the 
applicable standards in FAA Order 1050.1F and CEQ's regulations 
implementing NEPA. Accordingly, the FAA has adopted the FEA. Based on 
the information and analysis in the FEA, the FAA has found that the 
TFRs would not significantly affect the human environment and therefore 
do not require preparation of an environmental impact statement under 
NEPA. After considering this and other relevant factors, the FAA has 
decided to approve the TFRs.

Notice of Availability

    The FAA's adoption of the FEA, its finding of no significant 
environmental impact, and its decision on the TFRs are documented in 
Adoption of Missile Defense Agency Environmental Assessment for Long 
Range Discrimination Radar (LRDR) Performance Testing, Clear Air Force 
Station, Alaska (CAFS) and Finding of No Significant Impact and Record 
of Decision for Temporary Flight Restrictions in the Vicinity of CAFS 
for LRDR Performance Testing (Adoption/FONSI/ROD). This document and 
the FEA are available upon request by contacting Paula Miller at: 
Airspace Policy and Regulations Group, Office of Airspace Services, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone: (202) 267-7378.

Right of Appeal

    The FAA's Adoption/FONSI/ROD 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 order 
is issued in accordance with the provisions of 49 U.S.C. 46110. Any 
party seeking to stay implementation of the Record of Decision 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 Des Moines, WA, on September 3, 2020.
Maria A. Aviles,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-19962 Filed 9-9-20; 8:45 am]
BILLING CODE 4910-13-P