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)
Federal Aviation Administration
Federal Register Volume 80, Issue 149 (August 4, 2015)
| Page Range | 46382-46383 | |
| FR Document | 2015-19145 |
[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.
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![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
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Document Created: 2015-12-18 14:51:11
Document Modified: 2015-12-18 14:51:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Availability. | |
| 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] | |
| FR Citation | 80 FR 46382 |
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