81_FR_71362 81 FR 71163 - Notice of Availability of the Federal Aviation Administration Record of Decision and Adoption of Department of Navy's Final Environmental Impact Statement for Military Readiness Activities at the Naval Weapons Systems Training Facility Boardman, Oregon

81 FR 71163 - Notice of Availability of the Federal Aviation Administration Record of Decision and Adoption of Department of Navy's Final Environmental Impact Statement for Military Readiness Activities at the Naval Weapons Systems Training Facility Boardman, Oregon

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range71163-71164
FR Document2016-24890

The Federal Aviation Administration (FAA) announces its decision to adopt the Department of the Navy's (DoN) Final Environmental Impact Statement (EIS) for Military Readiness Activities at Naval Weapons Systems Training Facility Boardman, Oregon, EIS No. 20150355. 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 The Federal Aviation Administration (FAA) Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 8-2, 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 DoN's Final Environmental Impact Statement (EIS) for Military Readiness Activities at the at Naval Weapons Systems Training Facility (NWSTF) Boardman, Oregon, dated December 2015. 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 DoN 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, adequately assesses and discloses the environmental impacts of the for Military Readiness Activities at the at NWSTF Boardman, Oregon, and that adoption of the Final EIS 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 changes to special use airspace for NWSTF Boardman.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71163-71164]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24890]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration 
Record of Decision and Adoption of Department of Navy's Final 
Environmental Impact Statement for Military Readiness Activities at the 
Naval Weapons Systems Training Facility Boardman, Oregon

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of record of decision.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
decision to adopt the Department of the Navy's (DoN) Final 
Environmental Impact Statement (EIS) for Military Readiness Activities 
at Naval Weapons Systems Training Facility Boardman, Oregon, EIS No. 
20150355. 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 The Federal Aviation 
Administration (FAA) Order 1050.1F, Environmental Impacts: Policies and 
Procedures, paragraph 8-2, 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 DoN's Final Environmental 
Impact Statement (EIS) for Military Readiness Activities at the at 
Naval Weapons Systems Training Facility (NWSTF) Boardman, Oregon, dated 
December 2015. 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 DoN 
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, adequately 
assesses and discloses the environmental impacts of the for Military 
Readiness Activities at the at NWSTF Boardman, Oregon, and that 
adoption of the Final EIS 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 
changes to special use airspace for NWSTF Boardman.

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.

SUPPLEMENTAL INFORMATION:

Background

    In August 2012, in accordance with the National Environmental 
Policy Act and its implementing regulations, the DoN released a Draft 
EIS. The Draft EIS presented the potential environmental consequences 
of the DoN's proposal to achieve and maintain military readiness by 
analyzing the military training activities at NWSTF Boardman, Oregon. 
As a result of public, agency, and tribal comments during the 60-day 
public comment period on the Draft EIS, and the FAA aeronautical review 
process, the DoN, FAA, other federal and state agencies, and tribal 
governments have consulted to mitigate concerns while continuing to 
meet national defense training requirements. The DoN is the proponent 
for the NWSTF Boardman 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, the FAA is establishing the Boardman 
Low Military Operations Area (MOA) and amending the Boardman MOA. The 
Boardman MOA legal description has been modified from the description 
circularized to the public from July 18 through August 31, 2014. After 
the conclusion of the Aeronautical Study comment period, the FAA 
changed the coordinates of the airspace action to incorporate the 
proposed expansion that was circularized to the public consistent with 
the intent of the proposal stated in the circular and Aeronautical 
Study recommendation. The result is the change amends the existing 
Boardman MOA's description instead of creating a separate MOA for the 
expansion area. One coordinate in the Boardman Low MOA was changed to 
more accurately

[[Page 71164]]

reflect the airspace action. The revised legal descriptions do not 
change the special use airspace request or the analysis done in the 
Final EIS and the Aeronautical Study. The modification to the legal 
description did not change the area of analysis; therefore, the 
environmental and aeronautical analyses are still valid. The legal 
descriptions for the Boardman MOAs being established, as noted in this 
notice, will be published in the NFDD with a November 10, 2016 
effective date. A copy of the FAA Record of Decision is available on 
the FAA Web site.

Right of Appeal

    The Adoption/ROD for the changes to the Boardman 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. 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.

    Dated: October 6, 2016.
Richard Roberts,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-24890 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                         71163

                                               a document is attached, it is sufficient                World Trade Organization, at                          Military Readiness Activities at the at
                                               to type ‘‘See attached’’ in the ‘‘Type                  www.wto.org.                                          NWSTF Boardman, Oregon, and that
                                               Comment’’ field. USTR prefers                                                                                 adoption of the Final EIS by the FAA is
                                                                                                       Juan Millan,
                                               submissions in Microsoft Word (.doc) or                                                                       authorized under 40 CFR 1506.3,
                                                                                                       Assistant United States Trade Representative
                                               Adobe Acrobat (.pdf). If the submission                 for Monitoring and Enforcement, Office of
                                                                                                                                                             Adoption. Accordingly, the FAA adopts
                                               is in an application other than those                   the U.S. Trade Representative.                        the FEIS, and takes full responsibility
                                               two, please indicate the name of the                    [FR Doc. 2016–24796 Filed 10–13–16; 8:45 am]
                                                                                                                                                             for the scope and content that addresses
                                               application in the ‘‘Type Comment’’                                                                           the proposed changes to special use
                                                                                                       BILLING CODE 3290–F7–P
                                               field.                                                                                                        airspace for NWSTF Boardman.
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                  Submit any comments containing
                                                                                                       DEPARTMENT OF TRANSPORTATION                          Paula Miller, Airspace Policy and
                                               business confidential information by fax
                                                                                                                                                             Regulations Group, Office of Airspace
                                               to Sandy McKinzy at (202) 395–3640. A
                                                                                                       Federal Aviation Administration                       Services, Federal Aviation
                                               person requesting that information                                                                            Administration, 800 Independence
                                               contained in a comment be treated as                    Notice of Availability of the Federal                 Avenue SW., Washington, DC 20591;
                                               confidential business information must                  Aviation Administration Record of                     telephone: (202) 267–7378.
                                               certify that s/he would not customarily                 Decision and Adoption of Department                   SUPPLEMENTAL INFORMATION:
                                               release the information to the public.                  of Navy’s Final Environmental Impact
                                               Any page containing business                            Statement for Military Readiness                      Background
                                               confidential information must be clearly                Activities at the Naval Weapons                          In August 2012, in accordance with
                                               marked ‘‘BUSINESS CONFIDENTIAL’’                        Systems Training Facility Boardman,                   the National Environmental Policy Act
                                               on the top and bottom of that page.                     Oregon                                                and its implementing regulations, the
                                               Filers of submissions containing                                                                              DoN released a Draft EIS. The Draft EIS
                                                                                                       AGENCY: Federal Aviation
                                               business confidential information also                  Administration, DOT.                                  presented the potential environmental
                                               must submit a public version of their                                                                         consequences of the DoN’s proposal to
                                                                                                       ACTION: Notice of record of decision.
                                               comments electronically through                                                                               achieve and maintain military readiness
                                               regulations.gov. The non-confidential                   SUMMARY:   The Federal Aviation                       by analyzing the military training
                                               summary will be placed in the docket                    Administration (FAA) announces its                    activities at NWSTF Boardman, Oregon.
                                               and will be open to public inspection.                  decision to adopt the Department of the               As a result of public, agency, and tribal
                                                  USTR may determine that information                  Navy’s (DoN) Final Environmental                      comments during the 60-day public
                                               or advice contained in a comment, other                 Impact Statement (EIS) for Military                   comment period on the Draft EIS, and
                                                                                                       Readiness Activities at Naval Weapons                 the FAA aeronautical review process,
                                               than business confidential information,
                                                                                                       Systems Training Facility Boardman,                   the DoN, FAA, other federal and state
                                               is confidential in accordance with
                                                                                                       Oregon, EIS No. 20150355. In                          agencies, and tribal governments have
                                               section 135(g)(2) of the Trade Act of                   accordance with Section 102 of the                    consulted to mitigate concerns while
                                               1974 (19 U.S.C. 2155(g)(2)). If a                       National Environmental Policy Act of                  continuing to meet national defense
                                               submitter believes that information or                  1969 (‘‘NEPA’’), the Council on                       training requirements. The DoN is the
                                               advice is confidential, s/he must clearly               Environmental Quality’s (‘‘CEQ’’)                     proponent for the NWSTF Boardman
                                               designate the information or advice as                  regulations implementing NEPA (40                     and is the lead agency for the
                                               confidential and mark it as                             CFR parts 1500–1508), and other                       preparation of the FEIS. The FAA is a
                                               ‘‘SUBMITTED IN CONFIDENCE’’ at the                      applicable authorities, including The                 cooperating agency responsible for
                                               top and bottom of the cover page and                    Federal Aviation Administration (FAA)                 approving special use airspace as
                                               each succeeding page, and provide a                     Order 1050.1F, Environmental Impacts:                 defined in 40 CFR 1508.5.
                                               non-confidential summary of the                         Policies and Procedures, paragraph 8–2,
                                               information or advice.                                  and FAA Order JO 7400.2K,                             Implementation
                                                  Pursuant to section 127(e) of the                    ‘‘Procedures for Handling Airspace                      As a result of the public comments
                                               Uruguay Round Agreements Act (19                        Matters,’’ paragraph 32–2–3, the FAA                  received, the aeronautical studies,
                                               U.S.C. 3537(e)), USTR will maintain a                   has conducted an independent review                   environmental analysis, the FAA is
                                                                                                       and evaluation of the DoN’s Final                     establishing the Boardman Low Military
                                               docket on this dispute settlement
                                                                                                       Environmental Impact Statement (EIS)                  Operations Area (MOA) and amending
                                               proceeding, docket number USTR–
                                                                                                       for Military Readiness Activities at the              the Boardman MOA. The Boardman
                                               2016–0018, accessible to the public at
                                                                                                       at Naval Weapons Systems Training                     MOA legal description has been
                                               www.regulations.gov. The public file                    Facility (NWSTF) Boardman, Oregon,                    modified from the description
                                               will include non-confidential public                    dated December 2015. As a cooperating                 circularized to the public from July 18
                                               comments USTR receives regarding the                    agency with responsibility for approving              through August 31, 2014. After the
                                               dispute. If a dispute settlement panel is               special use airspace under 49 U.S.C.                  conclusion of the Aeronautical Study
                                               convened, or in the event of an appeal                  40103(b)(3)(A), the FAA provided                      comment period, the FAA changed the
                                               from a panel, USTR will make the                        subject matter expertise and closely                  coordinates of the airspace action to
                                               following documents publicly available                  coordinated with the DoN during the                   incorporate the proposed expansion that
                                               at www.ustr.gov: The U.S. submissions                   environmental review process,                         was circularized to the public consistent
                                               and any non-confidential summaries of                   including preparation of the Draft EIS                with the intent of the proposal stated in
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                                               submissions received from other                         and the Final EIS. Based on its                       the circular and Aeronautical Study
                                               participants in the dispute. If a dispute               independent review and evaluation, the                recommendation. The result is the
                                               settlement panel is convened, or in the                 FAA has determined the Final EIS,                     change amends the existing Boardman
                                               event of an appeal from a panel, the                    including its supporting documentation,               MOA’s description instead of creating a
                                               report of the panel, and, if applicable,                as incorporated by reference, adequately              separate MOA for the expansion area.
                                               the report of the Appellate Body, will                  assesses and discloses the                            One coordinate in the Boardman Low
                                               also be available on the Web site of the                environmental impacts of the for                      MOA was changed to more accurately


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                                               71164                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               reflect the airspace action. The revised                Accelerated Innovation Deployment                     clarify that a project must be authorized
                                               legal descriptions do not change the                    (AID) Demonstration funding.                          within 12 months of applying for AID
                                               special use airspace request or the                     DATES: The FHWA will use an open,                     Demonstration funding.
                                               analysis done in the Final EIS and the                  rolling solicitation. The project must be               Additional eligibility, application and
                                               Aeronautical Study. The modification to                 authorized within 12 months of                        submission information, as well as
                                               the legal description did not change the                applying for AID Demonstration                        FHWA application review information,
                                               area of analysis; therefore, the                        funding. Completed applications will be               remains as published in the FHWA’s
                                               environmental and aeronautical                          evaluated and award determinations                    NOFO dated September 1, 2016.
                                               analyses are still valid. The legal                     made on a rolling basis until the                       Authority: Section 52003 of Pub. L. 112–
                                               descriptions for the Boardman MOAs                      program ends or funding is no longer                  141; Section 6003 of Pub. L. 114–94; 23
                                               being established, as noted in this                     available. Applications must be                       U.S.C. 503.
                                               notice, will be published in the NFDD                   submitted through http://                               Issued on: October 5, 2016.
                                               with a November 10, 2016 effective                      www.grants.gov.
                                               date. A copy of the FAA Record of                                                                             Gregory G. Nadeau,
                                                                                                       ADDRESSES: Only applicants who                        Administrator, Federal Highway
                                               Decision is available on the FAA Web
                                                                                                       comply with all submission                            Administration.
                                               site.
                                                                                                       requirements described in this notice                 [FR Doc. 2016–24851 Filed 10–13–16; 8:45 am]
                                               Right of Appeal                                         and submit applications through                       BILLING CODE 4910–22–P
                                                 The Adoption/ROD for the changes to                   www.grants.gov will be eligible for
                                               the Boardman MOAs constitutes a final                   award.
                                               order of the FAA Administrator and is                   FOR FURTHER INFORMATION CONTACT: For                  DEPARTMENT OF TRANSPORTATION
                                               subject to exclusive judicial review                    questions about the AID Demonstration
                                               under 49 U.S.C. 46110 by the U.S.                       program discussed herein, contact Mr.                 Federal Motor Carrier Safety
                                               Circuit Court of Appeals for the District               Thomas Harman, Director, Center for                   Administration
                                               of Columbia or the U.S. Circuit Court of                Accelerating Innovation, Federal
                                               Appeals for the circuit in which the                    Highway Administration, 1200 New                      [Docket No. FMCSA–2013–0107]
                                               person contesting the decision resides                  Jersey Avenue SE., Washington, DC
                                               or has its principal place of business.                 20590, (202) 366–6377. For legal                      Qualification of Drivers; Exemption
                                               Any party having substantial interest in                questions, contact Ms. Seetha                         Applications; Epilepsy and Seizure
                                               this order may apply for review of the                  Srinivasan, Office of the Chief Counsel,              Disorders
                                               decision by filing a petition for review                Federal Highway Administration, 1200                  AGENCY: Federal Motor Carrier Safety
                                               in the appropriate U.S. Court of Appeals                New Jersey Avenue SE., Washington,                    Administration (FMCSA), DOT.
                                               no later than 60 days after the date of                 DC 20590, (202) 366–4099. Office hours
                                                                                                                                                             ACTION: Notice of renewal of
                                               this notice in accordance with the                      are from 8:00 a.m. to 4:30 p.m., e.t.,
                                                                                                                                                             exemptions; request for comments.
                                               provisions of 49 U.S.C. 46110. Any                      Monday through Friday, except Federal
                                               party seeking to stay implementation of                 holidays. A TDD is available for                      SUMMARY:   FMCSA announces its
                                               the action as stated in the ROD must file               individuals who are deaf or hard of                   decision to renew exemptions of four
                                               an application with the FAA prior to                    hearing at (202) 366–3993.                            individuals from the requirement in the
                                               seeking judicial relief as provided in                    Additionally, the notice, answers to                Federal Motor Carrier Safety
                                               Rule 18(a) of the Federal Rules of                      questions, requests for clarification, and            Regulations (FMCSRs) that interstate
                                               Appellate Procedure.                                    information about Webinars for further                commercial motor vehicle (CMV)
                                                 Dated: October 6, 2016.
                                                                                                       guidance will be posted at: http://                   drivers have ‘‘no established medical
                                                                                                       www.fhwa.dot.gov/innovation/grants/.                  history or clinical diagnosis of epilepsy
                                               Richard Roberts,
                                                                                                       Applicants are encouraged to contact                  or any other condition which is likely
                                               Acting Manager, Operations Support Group,
                                                                                                       FHWA directly to receive information                  to cause loss of consciousness or any
                                               Western Service Center.
                                                                                                       about AID Demonstration.                              loss of ability to control a CMV.’’ The
                                               [FR Doc. 2016–24890 Filed 10–13–16; 8:45 am]
                                                                                                       SUPPLEMENTARY INFORMATION:                            exemptions enable these individuals
                                               BILLING CODE 4910–13–P
                                                                                                       Electronic Access                                     who have had one or more seizures and
                                                                                                                                                             are taking anti-seizure medication to
                                                                                                         An electronic copy of this document                 continue to operate CMVs in interstate
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       may be downloaded from the Federal                    commerce.
                                               Federal Highway Administration                          Register Web site at http://
                                                                                                                                                             DATES: The exemptions were effective
                                                                                                       www.archives.gov and the Government
                                               [Docket No. FHWA–2013–0048]                             Publishing Office’s database at http://               on November 6, 2015. The exemptions
                                                                                                       www.access.gpo.gov/nara.                              will expire on November 6, 2017.
                                               Notice of Funding Opportunity for                                                                             Comments must be received on or
                                               Accelerated Innovation Deployment                       Background                                            before November 14, 2016.
                                               Demonstration                                             The FHWA posted its NOFO on                         ADDRESSES: You may submit comments
                                               AGENCY: Federal Highway                                 September 1, 2016, at 81 FR 60403. The                bearing the Federal Docket Management
                                               Administration (FHWA), Department of                    NOFO is identified as document                        System (FDMS) Docket No. FMCSA–
                                               Transportation (DOT).                                   number 2016–21063 on the docket.                      2013–0107 using any of the following
                                               ACTION: Notice of Correction.                           Section D. Application and Submission                 methods:
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                                                                                                       Information and section E. Application                  • Federal eRulemaking Portal: Go to
                                               SUMMARY:  This notice corrects                          Review Information, subsection I.1.i. of              http://www.regulations.gov. Follow the
                                               information in the September 1, 2016,                   the NOFO incorrectly identified the                   online instructions for submitting
                                               Notice of Funding Opportunity (NOFO)                    amount of time by which a project must                comments.
                                               at 81 FR 60403 in reference to the                      be authorized after applying for AID                    • Mail: Docket Management Facility;
                                               amount of time by which a project must                  Demonstration funding as 6 months.                    U.S. Department of Transportation, 1200
                                               be authorized after applying for                        The FHWA issues this correction to                    New Jersey Avenue SE., West Building


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Document Created: 2016-10-14 00:01:31
Document Modified: 2016-10-14 00:01:31
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 record of decision.
ContactPaula Miller, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-7378.
FR Citation81 FR 71163 

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