80 FR 17136 - Record of Decision To Adopt U.S. Air Force Final Environmental Impact Statement for the Powder River Training Complex

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 61 (March 31, 2015)

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 FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, paragraph 518h, 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 Air Force's Final Environmental Impact Statement (FEIS) for the proposed expansion of airspace for the Powder River Training Complex (PRTC), dated November 28, 2014. 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 Air Force during the environmental review process, including preparation of the Draft EIS and the FEIS. Based on its independent review and evaluation, the FAA has determined the FEIS, including its supporting documentation, as incorporated by reference, adequately assesses and discloses the environmental impacts of the proposed expansion of airspace for PRTC, and that adoption of the FEIS 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 expansion of airspace for PRTC.

[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17136-17137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07324]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RIN 2120-AA66


Record of Decision To Adopt U.S. Air Force Final Environmental 
Impact Statement for the Powder River Training Complex

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of record of decision.

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SUMMARY: 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 FAA Order 1050.1E, 
Environmental Impacts: Policies and Procedures, paragraph 518h, 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 Air Force's Final Environmental Impact Statement 
(FEIS) for the proposed expansion of airspace for the Powder River 
Training

[[Page 17137]]

Complex (PRTC), dated November 28, 2014. 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 Air Force during the environmental review process, 
including preparation of the Draft EIS and the FEIS. Based on its 
independent review and evaluation, the FAA has determined the FEIS, 
including its supporting documentation, as incorporated by reference, 
adequately assesses and discloses the environmental impacts of the 
proposed expansion of airspace for PRTC, and that adoption of the FEIS 
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 expansion of 
airspace for PRTC.

DATES: Effective date: March 31, 2015.

FOR FURTHER INFORMATION CONTACT: William Burris, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8656.

SUPPLEMENTARY INFORMATION:

Background

    In August 2010, in accordance with the National Environmental 
Policy Act and its implementing regulations, the Air Force released a 
Draft EIS. The Draft EIS presented the potential environmental 
consequences of the Air Force's proposal to improve training for 
primarily bomber aircrews assigned to Ellsworth Air Force Base (AFB) 
and Minot AFB.
    As a result of public, agency, and tribal comments during the 100-
day public comment period on the Draft EIS, and the FAA aeronautical 
review process, the Air Force, FAA, other federal and state agencies, 
and tribal governments have consulted to mitigate concerns while 
continuing to meet national defense training requirements. The Air 
Force participated in continued communication, consultation, and/or 
meetings with state agencies and tribal representatives from 2008 
through 2014. Consultation and coordination on potential environmental 
and related impacts will continue after completion of the FEIS. The Air 
Force is the proponent for the PRTC 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, and the USAF using agency and FAA 
controlling agency concurrence on mitigation measures to address public 
issues and aeronautical impacts, the FAA is establishing the PRTC MOAs 
as circularized to the public from February through May 2014, with two 
minor boundary adjustments. The adjustments include a larger cutout in 
the southern boundary of the PR-2 Low and High MOAs for arrivals and 
departures into Hulett, WY, and an adjustment of the southern 
boundaries of the Gap B and Gap C MOAs to avoid the Gap B MOAs 
extending across VOR Federal airway V-491.
    The legal descriptions for the PRTC MOAs being established, as 
noted in this notice, will be published in the NFDD with a September 
17, 2015 effective date.
    Activating or scheduling the Powder River PR-1A-D Low, PR-3 Low, 
Gap A Low, and Gap B Low MOAs is not authorized until communication 
coverage is established by the USAF for these areas. This ensures the 
ability to recall airspace for civil IFR use. The following conditions 
must be accomplished prior to FAA approval for activating or scheduling 
the Low MOAs:
    1. The USAF must notify Manager, Airspace Policy and Regulations 
when the communications capability mitigation described in the FEIS is 
established.
    2. The FAA must accept that the communications capability 
established by the USAF complies with the mitigation described in the 
FEIS. If no validation information is provided with the USAF notice, 
the FAA will request it. The communication capability acceptance is to 
be accomplished by the Airspace Policy and Regulations Group in concert 
with the Central Service Center Operations Support Group (OSG).
    3. The FAA controlling agencies and USAF using agency must 
establish MOA recall procedures which will enable controlling agencies 
to recall the low MOA airspace whenever necessary to allow IFR aircraft 
access to and from public use airports underlying the MOA.
    4. The USAF must accomplish public outreach to all known aviation 
interested persons, organizations, and offices within 50 miles of the 
PRTC 60-days prior to the first planned scheduling and use of the PRTC 
Low MOAs once the conditions above are accomplished.
    Upon completion of the conditions established above for the 
scheduling and activating of the PRTC Low MOAs identified, the USAF 
will be authorized to schedule and use all PRTC MOAs consistent with 
their designated purpose.
    A copy of the FAA Record of Decision is available on the FAA Web 
site.
    Right of Appeal: The Adoption/ROD for the expansion of PRTC 
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 March 25, 2015.
Jacqueline R. Jackson,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-07324 Filed 3-30-15; 8:45 am]
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