80_FR_46531 80 FR 46382 - Notice of Availability of the Record of Decision (ROD) for the Cal Black Memorial Airport, Halls Crossing Replacement Airport

80 FR 46382 - Notice of Availability of the Record of Decision (ROD) for the Cal Black Memorial Airport, Halls Crossing Replacement Airport

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 149 (August 4, 2015)

Page Range46382-46383
FR Document2015-19145

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and Council on Environmental Quality regulations (40 CFR parts 1500-1508), the Federal Aviation Administration announces the availability of the Record of Decision for the Cal Black Memorial Airport, replacement airport for the Halls Crossing Airport.

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46382-46383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19145]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Record of Decision (ROD) for the 
Cal Black Memorial Airport, Halls Crossing Replacement Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Availability.

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

SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA, 42 U.S.C. 4321 et seq.) and Council on Environmental 
Quality regulations (40 CFR parts 1500-1508), the Federal Aviation 
Administration announces the availability of the Record of Decision for 
the Cal Black Memorial Airport, replacement airport for the Halls 
Crossing Airport.

ADDRESSES: Copies of the ROD may be viewed during regular business 
hours at the following locations:
    1. Federal Aviation Administration Airports Division, Suite 315, 
1601 Lind Avenue SW., Renton, WA 98057.
    2. Federal Aviation Administration, Airports District Office, Suite 
224, 26805 East 68th Avenue, Denver, CO 80249.
    3. San Juan County Courthouse, County Executive Office, 117 S. 
Main, Monticello, Utah 84535.
    The ROD will also be available on the following Web site: http://halls.crossing.airportnetwork.com/.

FOR FURTHER INFORMATION CONTACT: Janell Barrilleaux, Environmental 
Program Manager, Federal Aviation Administration Airports Division, 
Northwest Mountain Region, 1601 Lind Avenue SW., Renton, WA 98057. Mrs. 
Barrilleaux may be contacted during business hours at (425) 227-2611 
(phone), (425) 227-1600 (fax), or via email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Halls Crossing replacement airport was 
originally proposed in 1966 due to the inadequacy of the existing Halls 
Crossing airstrip. After completion of numerous planning studies, the 
Federal Aviation Administration completed an Environmental Impact 
Statement (EIS) (June, 1990) with the cooperation of the National Park 
Service (NPS) and the Bureau of Land Management (BLM). A Record of 
Decision (ROD) was issued in August 1990 approving the development of 
what is now named the Cal Black Memorial Airport. Concurrently, the BLM 
approved an amendment of a land plan which allowed the conveyance of 
land to San Juan County for the construction of the new airport.
    In 1990, the National Parks Conservation Association (NPCA),\1\ et 
al.\2\ brought suit concerning the adequacy of the 1990 Final EIS and 
the adequacy of the BLM plan amendment and land transfer process. In 
its July 7, 1993 decision, the U.S. Court of Appeals for the Tenth 
Circuit concluded that ``the action of FAA approving the project based 
on a finding of `no significant impact' and `no significant adverse 
impact' [was] arbitrary and capricious.'' The court proceeding stated:
---------------------------------------------------------------------------

    \1\ Note: The title of the organization as documented in the 
1993 United States Court of Appeals case National Parks Conservation 
Association, et al. v Federal Aviation Administration, et al.
    \2\ Other parties to the suit included the Southern Utah 
Wilderness Alliance, the Sierra Club, and Deborah L. Threedy.


[[Page 46383]]


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

    We therefore REVERSE the BLM's plan amendment and the transfer 
of land. We REMAND for further proceedings to determine whether the 
land should be retained under BLM control and management or 
reconveyed to San Juan County under a newly proposed land use plan 
amendment. In the case of the FAA, the airport has already been 
built. This does not mean that a remand would be meaningless, 
however. On remand, the FAA should re-analyze the impact of the 
airport under section 4(f) and section 2208.\3\ The FAA may 
determine that it must make use of studies not utilized in the 
current FEIS. If a ``significant'' impact is found, section 4(f) and 
section 2208 require that all reasonable steps be taken to mitigate 
the damage or adverse impact. We therefore REVERSE the FAA's 
determination of no significant impact and REMAND to the FAA for 
further proceedings consistent with this decision.
---------------------------------------------------------------------------

    \3\ Note: In 1994, the provisions of the Airport and Airway 
Improvement Act of 1982 were codified in U.S. Code Title 49, chapter 
471, subchapter I.

    In response to the court remand, FAA, in cooperation with BLM 
and NPS prepared a Supplemental EIS (SEIS).\4\ The Draft SEIS for 
the Cal Black Memorial Airport (Replacement Airport for Halls 
Crossing Airport) was published on December 12, 2014. The 45-day 
comment period included an opportunity to request a public hearing; 
however, no responses were received requesting a hearing. The 
following parties submitted comments to the FAA on the Draft SEIS 
during the comment period: U.S. Department of the Interior, U.S. 
Environmental Protection Agency, BLM, and the NPCA. An errata sheet 
was drafted to identify changes that were made to the Draft SEIS in 
response to comments received. Additionally, an appendix was added 
(Appendix J) to document each comment received, and FAA's response 
to each comment. These additional documents, in combination with a 
CD containing the Draft SEIS, constitute the Final SEIS for the 
Replacement Airport at Halls Crossing. The Final SEIS for the Cal 
Black Memorial Airport (replacement airport for the Halls Crossing 
Airport) was published on May 8, 2015.
---------------------------------------------------------------------------

    \4\ BLM addressed its requirements through its revisions to 
their Resource Management Plan in 2008. Bureau of Land Management 
Monticello Field Office, Record of Decision and Approved Resource 
Management Plan (November 2008).

    The SEIS described potential environmental consequences that could 
result from the continued operation of the Cal Black Memorial Airport 
to resources located within the Project Area. Direct effects of the new 
airport (its construction) as well as indirect effects (airport 
operations) were identified in the 1990 FEIS. The SEIS provided further 
evaluation of actual and potential aircraft noise impacts, as well as 
Section 4(f) impacts and cumulative impacts. Evaluation of noise 
impacts focused exclusively on the effect of aircraft noise on GCNRA 
and surrounding lands. Chapter III, Environmental Consequences, 
presents the analysis for noise impacts, Section 4(f) impacts, and 
Cumulative Effects resulting from the operation of the Cal Black 
Memorial Airport.
    The FAA has determined, based on the noise analysis conducted for 
the SEIS that as there are no significant impacts related to the 
continued operation of the Cal Black Memorial Airport, there is no need 
for any mitigation measures under either Section 4(f) or Section 2208.
    In addition, the FAA has confirmed that the ROD for the 1990 EIS 
included the FAA determinations made for the project based upon 
evidence set forth in the FEIS, public input, and the supporting 
administrative record. These determinations are not changed by any new 
information developed for this SEIS.

    Issued in Renton, Washington, July 28, 2015.
Stanley C. Allison,
Acting Division Manager, Airports Division, Northwest Mountain Region.
[FR Doc. 2015-19145 Filed 8-3-15; 8:45 am]
BILLING CODE 4910-13-P



                                              46382                         Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices

                                              the statute provides the opportunity to                 changes to the Airport Layout Plan                    ADDRESSES:   Copies of the ROD may be
                                              petition the Secretary.                                 (ALP) and compliance with the National                viewed during regular business hours at
                                                 Defining community as a                              Environmental Policy Act (NEPA).                      the following locations:
                                              jurisdictional authority or political                      The FAA interprets 49 U.S.C. Section                  1. Federal Aviation Administration
                                              subdivision is also consistent with the                 47106(c)(1)(A)(ii) as not being                       Airports Division, Suite 315, 1601 Lind
                                              definition of community in Order                        applicable to a project approved and                  Avenue SW., Renton, WA 98057.
                                              5050.4B, ¶1203(b)(1).                                   administered as part of a state block                    2. Federal Aviation Administration,
                                                 Accordingly, only a political                        grant. The plain language of this                     Airports District Office, Suite 224,
                                              subdivision of a state that enjoys general              statutory provision states that this                  26805 East 68th Avenue, Denver, CO
                                              jurisdiction, or a Tribal government                    Section is triggered when a proponent                 80249.
                                              meets the definition of community in                    submits a project grant application to                   3. San Juan County Courthouse,
                                              this context. Political subdivisions of a               the FAA. In the case of the SBGP, no                  County Executive Office, 117 S. Main,
                                              state that have a specific, substantive                 such request is made as the funds are                 Monticello, Utah 84535.
                                              authority, such as water districts or                   given to the states as a block and the                   The ROD will also be available on the
                                              school districts, do not adequately                     state assumes responsibility for                      following Web site: http://
                                              represent the interests of the community                administering those funds. Participants               halls.crossing.airportnetwork.com/.
                                              at large. They are not required to                      in the SBGP are required to engage                    FOR FURTHER INFORMATION CONTACT:
                                              balance the interests of the whole                      communities according to FAA                          Janell Barrilleaux, Environmental
                                              community on a wide range of issues.                    guidance and to circulate the draft EA                Program Manager, Federal Aviation
                                              Rather, they seek to promote their
                                                                                                      if warranted. Some who have sought to                 Administration Airports Division,
                                              specific substantive interest.
                                                                                                      use this provision have argued that it                Northwest Mountain Region, 1601 Lind
                                              Additionally, water districts or school
                                                                                                      should apply to State Block Grant                     Avenue SW., Renton, WA 98057. Mrs.
                                              districts would not normally be invited
                                                                                                      projects. The FAA invites comments on                 Barrilleaux may be contacted during
                                              to sit on an airport management board.
                                                                                                      this interpretation.                                  business hours at (425) 227–2611
                                              Thus, only a political subdivision of a
                                              state which enjoys general jurisdiction                 F. Agency Response                                    (phone), (425) 227–1600 (fax), or via
                                              is a community entitled to file a petition                                                                    email at Janell.Barrilleaux@faa.gov.
                                              under Section 47106(c)(1)(A)(ii).                          The FAA will provide a written                     SUPPLEMENTARY INFORMATION: The Halls
                                                 Finally, under the statute, a                        response to a petition to the Secretary.              Crossing replacement airport was
                                              community is only eligible to petition                  The FAA may respond by outlining the                  originally proposed in 1966 due to the
                                              under Section 47106(c)(1)(A)(ii) if the                 issues raised in the petition and                     inadequacy of the existing Halls
                                              project is located in the community. If                 providing its responses either within the             Crossing airstrip. After completion of
                                              land is disturbed in the community,                     environmental record of decision, or it               numerous planning studies, the Federal
                                              then the project is considered to be                    may elect to respond in a separate                    Aviation Administration completed an
                                              located in that community. The courts                   document.                                             Environmental Impact Statement (EIS)
                                              have also provided instruction on when                    Authority: 49 U.S.C. 47106(c)(1)(A)(ii), 14         (June, 1990) with the cooperation of the
                                              a project is located in a community. In                 CFR part 1.                                           National Park Service (NPS) and the
                                              City of Bridgeton v. FAA, 212 F. 3d 448                   Issued in Washington, DC, on July 29,               Bureau of Land Management (BLM). A
                                              (8th Cir. 2000), the court determined                   2015.                                                 Record of Decision (ROD) was issued in
                                              that a community in which there was no                  Elliott Black,                                        August 1990 approving the
                                              construction and no significant noise                   Director, Office of Airport Planning and              development of what is now named the
                                              impact could not challenge the failure to               Programming APP–001.                                  Cal Black Memorial Airport.
                                              notify it that it could petition the                    [FR Doc. 2015–19144 Filed 8–3–15; 8:45 am]
                                                                                                                                                            Concurrently, the BLM approved an
                                              Secretary. Thus, outside the                                                                                  amendment of a land plan which
                                                                                                      BILLING CODE 4910–13–P
                                              construction context, a project may be                                                                        allowed the conveyance of land to San
                                              located in a community only if the                                                                            Juan County for the construction of the
                                              project will have a significant impact on               DEPARTMENT OF TRANSPORTATION                          new airport.
                                              the community. For example, where a                                                                              In 1990, the National Parks
                                              project will cause a significant noise                  Federal Aviation Administration                       Conservation Association (NPCA),1 et
                                              impact on a community, the project is                                                                         al.2 brought suit concerning the
                                              located in that community. If the project               Notice of Availability of the Record of               adequacy of the 1990 Final EIS and the
                                              does not create a significant impact in                 Decision (ROD) for the Cal Black                      adequacy of the BLM plan amendment
                                              the community, the community will                       Memorial Airport, Halls Crossing                      and land transfer process. In its July 7,
                                              have no right to petition the Secretary.                Replacement Airport                                   1993 decision, the U.S. Court of Appeals
                                                                                                                                                            for the Tenth Circuit concluded that
                                              E. Other Considerations                                 AGENCY: Federal Aviation                              ‘‘the action of FAA approving the
                                                There are currently ten states that                   Administration (FAA), DOT.                            project based on a finding of ‘no
                                              participate in the FAA’s State Block                    ACTION: Notice of Availability.                       significant impact’ and ‘no significant
                                              Grant Program (SBGP). Under the                                                                               adverse impact’ [was] arbitrary and
                                              program, the State agency (usually the                  SUMMARY:   In accordance with the                     capricious.’’ The court proceeding
                                              aviation division of the state                          National Environmental Policy Act of                  stated:
                                              Department of Transportation) assumes                   1969 (NEPA, 42 U.S.C. 4321 et seq.) and
tkelley on DSK3SPTVN1PROD with NOTICES




                                              responsibility for administering AIP                    Council on Environmental Quality                        1 Note: The title of the organization as
                                              grants and if applicable, discretionary                 regulations (40 CFR parts 1500–1508),                 documented in the 1993 United States Court of
                                              grants for non-primary airports. See 49                 the Federal Aviation Administration                   Appeals case National Parks Conservation
                                              U.S.C. Section 47128. As part of the                    announces the availability of the Record              Association, et al. v Federal Aviation
                                                                                                                                                            Administration, et al.
                                              responsibility, the state assumes various               of Decision for the Cal Black Memorial                  2 Other parties to the suit included the Southern
                                              responsibilities for the FAA including                  Airport, replacement airport for the                  Utah Wilderness Alliance, the Sierra Club, and
                                              reviewing and approving proposed                        Halls Crossing Airport.                               Deborah L. Threedy.



                                         VerDate Sep<11>2014   18:45 Aug 03, 2015   Jkt 235001   PO 00000   Frm 00149   Fmt 4703   Sfmt 4703   E:\FR\FM\04AUN1.SGM   04AUN1


                                                                            Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices                                                 46383

                                                 We therefore REVERSE the BLM’s plan                  Environmental Consequences, presents                    The request to release airport property
                                              amendment and the transfer of land. We                  the analysis for noise impacts, Section               may be reviewed in person at this same
                                              REMAND for further proceedings to                       4(f) impacts, and Cumulative Effects                  location.
                                              determine whether the land should be
                                                                                                      resulting from the operation of the Cal
                                              retained under BLM control and management                                                                     SUPPLEMENTARY INFORMATION:       The FAA
                                              or reconveyed to San Juan County under a                Black Memorial Airport.
                                                                                                                                                            invites public comment on the request
                                              newly proposed land use plan amendment.                   The FAA has determined, based on                    to release property at the Morgantown
                                              In the case of the FAA, the airport has                 the noise analysis conducted for the                  Municipal Airport under the provisions
                                              already been built. This does not mean that             SEIS that as there are no significant
                                              a remand would be meaningless, however.                                                                       of Section 47125(a) of Title 49 U.S.C. On
                                                                                                      impacts related to the continued                      July 21, 2015, the FAA determined that
                                              On remand, the FAA should re-analyze the                operation of the Cal Black Memorial
                                              impact of the airport under section 4(f) and                                                                  the request to release property at the
                                              section 2208.3 The FAA may determine that
                                                                                                      Airport, there is no need for any                     Morgantown Municipal Airport (MGW),
                                              it must make use of studies not utilized in             mitigation measures under either                      WV, submitted by the City of
                                              the current FEIS. If a ‘‘significant’’ impact is        Section 4(f) or Section 2208.                         Morgantown, Sponsor for the
                                              found, section 4(f) and section 2208 require              In addition, the FAA has confirmed                  Morgantown Municipal Airport, met the
                                              that all reasonable steps be taken to mitigate          that the ROD for the 1990 EIS included                procedural requirements.
                                              the damage or adverse impact. We therefore              the FAA determinations made for the
                                              REVERSE the FAA’s determination of no                                                                            The following is a brief overview of
                                                                                                      project based upon evidence set forth in
                                              significant impact and REMAND to the FAA                                                                      the request:
                                              for further proceedings consistent with this            the FEIS, public input, and the
                                              decision.                                               supporting administrative record. These                  The Morgantown Municipal Airport is
                                                                                                      determinations are not changed by any                 proposing the release of approximately
                                                In response to the court remand, FAA, in                                                                    95.70 acres of fee simple release to
                                                                                                      new information developed for this
                                              cooperation with BLM and NPS prepared a                                                                       permit the transfer of such Property to
                                              Supplemental EIS (SEIS).4 The Draft SEIS for            SEIS.
                                              the Cal Black Memorial Airport (Replacement               Issued in Renton, Washington, July 28,
                                                                                                                                                            the Monongalia County Development
                                              Airport for Halls Crossing Airport) was                 2015.                                                 Authority (‘‘MCDA’’). Thereafter,
                                              published on December 12, 2014. The 45-day              Stanley C. Allison,
                                                                                                                                                            ‘‘MCDA’’ will construct, or cause the
                                              comment period included an opportunity to                                                                     construction, and operate, or cause the
                                                                                                      Acting Division Manager, Airports Division,
                                              request a public hearing; however, no
                                                                                                      Northwest Mountain Region.
                                                                                                                                                            operation, of a Business Park on the
                                              responses were received requesting a hearing.                                                                 Property. The Property to which this
                                              The following parties submitted comments to             [FR Doc. 2015–19145 Filed 8–3–15; 8:45 am]
                                                                                                                                                            request relates is not a viral part of, or
                                              the FAA on the Draft SEIS during the                    BILLING CODE 4910–13–P
                                                                                                                                                            necessary for, the Sponsor’s operation
                                              comment period: U.S. Department of the
                                                                                                                                                            and development of Morgantown
                                              Interior, U.S. Environmental Protection
                                              Agency, BLM, and the NPCA. An errata sheet                                                                    Municipal Airport (MGW). Therefore, it
                                                                                                      DEPARTMENT OF TRANSPORTATION
                                              was drafted to identify changes that were                                                                     has been determined by the Sponsor
                                              made to the Draft SEIS in response to                   Federal Aviation Administration                       that the most productive use of the
                                              comments received. Additionally, an                                                                           Property is commercial development
                                              appendix was added (Appendix J) to                      Notice of Intent To Rule on Request To                subsequent to its transfer to the
                                              document each comment received, and                     Release Property at the Morgantown                    ‘‘MCDA’’. The development of the
                                              FAA’s response to each comment. These                   Municipal Airport, Morgantown, WV                     Property demonstrates that significant
                                              additional documents, in combination with a                                                                   private investment can occur at MGW
                                              CD containing the Draft SEIS, constitute the            AGENCY:  Federal Aviation                             and shall serve to establish quality
                                              Final SEIS for the Replacement Airport at               Administration (FAA), DOT.
                                              Halls Crossing. The Final SEIS for the Cal                                                                    standards for future investments. The
                                              Black Memorial Airport (replacement airport             ACTION: Notice of request to release                  release and transfer of this property will
                                              for the Halls Crossing Airport) was published           airport property.                                     allow the Sponsor to develop the
                                              on May 8, 2015.                                                                                               roadway and utilities which will benefit
                                                 The SEIS described potential                         SUMMARY:    The FAA proposes to rule and              this property, the hangar site, and the
                                              environmental consequences that could                   invite public comment on the land                     landside development site. This release
                                              result from the continued operation of                  release at the Morgantown Municipal                   will enhance the development of private
                                              the Cal Black Memorial Airport to                       Airport, Morgantown, WV, under the                    aviation and commercial development
                                              resources located within the Project                    provision 49 U.S.C. 47125(a).                         of the east side of the airport.
                                              Area. Direct effects of the new airport                 DATES: Comments must be received on                     Issued in Beckley, West Virginia, on July
                                              (its construction) as well as indirect                  or before September 3, 2015.                          16, 2015.
                                              effects (airport operations) were                       ADDRESSES: Comments on this                           Matthew P. DiGiulian,
                                              identified in the 1990 FEIS. The SEIS                   application may be mailed or delivered                Manager, Beckley Airport Field Office,
                                              provided further evaluation of actual                   to the following address: Glen Kelly,                 Eastern Region.
                                              and potential aircraft noise impacts, as                Assistant City Manager, City of
                                              well as Section 4(f) impacts and                                                                                Any person may inspect the request
                                                                                                      Morgantown, Sponsor for Morgantown                    by appointment at the FAA office
                                              cumulative impacts. Evaluation of noise                 Municipal Airport, 389 Spruce Street,
                                              impacts focused exclusively on the                                                                            address listed above. Interested persons
                                                                                                      Morgantown, WV, 304–291–7461, and                     are invited to comment on the proposed
                                              effect of aircraft noise on GCNRA and                   at the FAA Beckley Airports Field
                                              surrounding lands. Chapter III,                                                                               lease. All comments will be considered
                                                                                                      Office: Matthew DiGiulian, Manager,                   by the FAA to the extent practicable.
                                                                                                      Beckley Airports Field Office, 176
tkelley on DSK3SPTVN1PROD with NOTICES




                                                3 Note: In 1994, the provisions of the Airport and
                                                                                                      Airport Circle, Room 101, Beaver, WV                      Issued in Beaver, West Virginia, July 21,
                                              Airway Improvement Act of 1982 were codified in                                                               2015.
                                              U.S. Code Title 49, chapter 471, subchapter I.          25813, (304) 252–6216.
                                                4 BLM addressed its requirements through its                                                                Matthew DiGiulian,
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              revisions to their Resource Management Plan in
                                                                                                      Connie Boley-Lilly, Airports Program                  Manager, Beckley Airports Field Office.
                                              2008. Bureau of Land Management Monticello Field
                                              Office, Record of Decision and Approved Resource        Specialist, Beckley Airports Field                    [FR Doc. 2015–18596 Filed 8–3–15; 8:45 am]
                                              Management Plan (November 2008).                        Office, location listed above.                        BILLING CODE 4910–13–P




                                         VerDate Sep<11>2014   18:45 Aug 03, 2015   Jkt 235001   PO 00000   Frm 00150   Fmt 4703   Sfmt 9990   E:\FR\FM\04AUN1.SGM   04AUN1



Document Created: 2015-12-18 14:51:11
Document Modified: 2015-12-18 14:51:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Availability.
ContactJanell Barrilleaux, Environmental Program Manager, Federal Aviation Administration Airports Division, Northwest Mountain Region, 1601 Lind Avenue SW., Renton, WA 98057. Mrs. Barrilleaux may be contacted during business hours at (425) 227-2611 (phone), (425) 227-1600 (fax), or via email at [email protected]
FR Citation80 FR 46382 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR