82_FR_14994 82 FR 14939 - Notice of Availability of the Federal Aviation Administration Written Re-Evaluation, Adoption, and Finding of No Significant Impact and Record of Decision of Department of Navy's Final Environmental Impact Statement for the Navy's Environmental Assessment for the Mariana Islands Range Complex Airspace

82 FR 14939 - Notice of Availability of the Federal Aviation Administration Written Re-Evaluation, Adoption, and Finding of No Significant Impact and Record of Decision of Department of Navy's Final Environmental Impact Statement for the Navy's Environmental Assessment for the Mariana Islands Range Complex Airspace

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 55 (March 23, 2017)

Page Range14939-14940
FR Document2017-05800

The Federal Aviation Administration (FAA) announces its decision to adopt the Department of the Navy's (DoN) Environmental Assessment/Overseas Environmental Assessment (EA/OEA) for the Mariana Islands Range Complex Airspace. In accordance with the National Environmental Policy Act of 1969 (``NEPA''), the Council on Environmental Quality's (``CEQ'') regulations implementing NEPA, 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 Mariana Islands Range Complex (MIRC) Airspace EA/OEA dated June 2013. As a cooperating agency with responsibility for approving special use airspace the FAA provided subject matter expertise and closely coordinated with the DoN during the environmental review process, including preparation of the Draft EA/OEA and the Final EA/OEA. Based on its independent review and evaluation, the FAA has determined the Final EA/OEA, including its supporting documentation, as incorporated by reference, and other supporting documentation incorporated by reference for FAA's Written Re-Evaluation and Adoption of Final EA/OEA, adequately assesses and discloses the environmental impacts of the for Mariana Islands Range Complex Airspace, and that adoption of the Final EA/OEA by the FAA is authorized by regulation. FAA included the Written Re-Evaluation as part of the Adoption and FONSI-ROD because the DoN's FONSI is more than three years old. Accordingly, the FAA adopts the Final EA/OEA, and takes full responsibility for the scope and content that addresses the proposed changes to Special Use Airspace for MIRC.

Federal Register, Volume 82 Issue 55 (Thursday, March 23, 2017)
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14939-14940]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05800]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration 
Written Re-Evaluation, Adoption, and Finding of No Significant Impact 
and Record of Decision of Department of Navy's Final Environmental 
Impact Statement for the Navy's Environmental Assessment for the 
Mariana Islands Range Complex Airspace

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) Environmental 
Assessment/Overseas Environmental Assessment (EA/OEA) for the Mariana 
Islands Range Complex Airspace. In accordance with the National 
Environmental Policy Act of 1969 (``NEPA''), the Council on 
Environmental Quality's (``CEQ'') regulations implementing NEPA, 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 Mariana Islands 
Range Complex (MIRC) Airspace EA/OEA dated June 2013. As a cooperating 
agency with responsibility for approving special use airspace the FAA 
provided subject matter expertise and closely coordinated with the DoN 
during the environmental review process, including preparation of the 
Draft EA/OEA and the Final EA/OEA. Based on its independent review and 
evaluation, the FAA has determined the Final EA/OEA, including its 
supporting documentation, as incorporated by reference, and other 
supporting documentation incorporated by reference for FAA's Written 
Re-Evaluation and Adoption of Final EA/OEA, adequately assesses and 
discloses the environmental impacts of the for Mariana Islands Range 
Complex Airspace, and that adoption of the Final EA/OEA by the FAA is 
authorized by regulation. FAA included the Written Re-Evaluation as 
part of the Adoption and FONSI-ROD because the DoN's FONSI is more than 
three years old. Accordingly, the FAA adopts the Final EA/OEA, and 
takes full responsibility for the scope and content that addresses the 
proposed changes to Special Use Airspace for MIRC.

FOR FURTHER INFORMATION CONTACT: Paula Miller, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-7378.

SUPPLEMENTARY INFORMATION: 

Background

    In December 2012, in accordance with the National Environmental 
Policy Act and its implementing regulations, the DoN released a Draft 
EA/OEA. The Draft EA/OEA presented the potential environmental 
consequences of the DoN's proposal to establish Special Use Airspace to 
support Navy training activities that involve the use of advanced 
weapons systems. The DoN is the proponent for the MIRC Airspace and is 
the lead agency for the preparation of the EA/OEA, and the DoN issued 
their FONSI on June 15, 2013. As a result of public, agency, and tribal 
comments during the 46-day public comment period from December 20, 2012 
through February 4, 2013 on the Draft EA/OEA, 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 FAA is a 
cooperating agency responsible for approving Special Use Airspace as 
defined in 40 CFR 1508.5.

Implementation

    The FAA is establishing Restricted Area 7201A and Warning Areas 11, 
12, and 13. The MIRC legal descriptions have been modified to identify 
the correct US Territory from the description in the Notice of Proposed 
Rulemaking published in the Federal Register (80 FR 51498) on August 
25, 2015, and circularization to the public

[[Page 14940]]

on September 15, 2015 with Docket 15-AWP-4NR. The revised legal 
descriptions do not change the Special Use Airspace request or the 
analysis done in the Final EA/OEA 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 MRIC Airspace established, 
as noted in this notice, will be published in the Federal Register as a 
Final Rule and in the National Flight Data Digest (NFDD) with a June 
22, 2017 effective date. A copy of the FAA Written Re-Evaluation/FONSI-
ROD is available on the FAA Web site.

Right of Appeal

    The Written Re-evaluation, the Adoption, and FONSI-ROD for the 
changes to the MIRC Airspace constitutes a final order of the FAA 
Administrator and is subject to exclusive judicial review under 49 
U.S.C. 46110 by the U.S. Circuit Court of Appeals for the District of 
Columbia or the U.S. Circuit Court of Appeals for the circuit in which 
the person contesting the decision resides or has its principal place 
of business. Any party having substantial interest in this order may 
apply for review of the decision by filing a petition for review in the 
appropriate U.S. Court of Appeals no later than 60 days after the order 
is issued in accordance with the provisions of 49 U.S.C. 46110.

    Dated: March 15, 2017.
Richard Roberts,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-05800 Filed 3-22-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                             Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices                                           14939

                                                revocation under 49 U.S.C. 10502(d)                     consummation has not been effected by                 supporting documentation, as
                                                must be filed.                                          NSR’s filing of a notice of                           incorporated by reference, and other
                                                   Provided no formal expression of                     consummation by March 23, 2018, and                   supporting documentation incorporated
                                                intent to file an offer of financial                    there are no legal or regulatory barriers             by reference for FAA’s Written Re-
                                                assistance (OFA) has been received, this                to consummation, the authority to                     Evaluation and Adoption of Final EA/
                                                exemption will become effective on                      abandon will automatically expire.                    OEA, adequately assesses and discloses
                                                April 22, 2017, unless stayed pending                     Board decisions and notices are                     the environmental impacts of the for
                                                reconsideration. Petitions to stay that do              available on our Web site at                          Mariana Islands Range Complex
                                                not involve environmental issues,2                      ‘‘WWW.STB.GOV.’’                                      Airspace, and that adoption of the Final
                                                formal expressions of intent to file an                   Decided: March 20, 2017.                            EA/OEA by the FAA is authorized by
                                                OFA under 49 CFR 1152.27(c)(2),3 and                      By the Board, Rachel D. Campbell,                   regulation. FAA included the Written
                                                interim trail use/rail banking requests                 Director, Office of Proceedings.                      Re-Evaluation as part of the Adoption
                                                under 49 CFR 1152.29 must be filed by                   Marline Simeon,                                       and FONSI–ROD because the DoN’s
                                                April 3, 2017. Petitions to reopen or                   Clearance Clerk.                                      FONSI is more than three years old.
                                                requests for public use conditions under                [FR Doc. 2017–05817 Filed 3–22–17; 8:45 am]
                                                                                                                                                              Accordingly, the FAA adopts the Final
                                                49 CFR 1152.28 must be filed by April                                                                         EA/OEA, and takes full responsibility
                                                                                                        BILLING CODE 4915–01–P
                                                12, 2017, with the Surface                                                                                    for the scope and content that addresses
                                                Transportation Board, 395 E Street SW.,                                                                       the proposed changes to Special Use
                                                Washington, DC 20423–0001.                                                                                    Airspace for MIRC.
                                                   A copy of any petition filed with the                DEPARTMENT OF TRANSPORTATION
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                Board should be sent to NSR’s                           Federal Aviation Administration                       Paula Miller, Airspace Policy and
                                                representative: William A. Mullins,                                                                           Regulations Group, Office of Airspace
                                                Baker & Miller PLLC, 2401 Pennsylvania                  Notice of Availability of the Federal                 Services, Federal Aviation
                                                Ave. NW., Suite 300, Washington, DC                     Aviation Administration Written Re-                   Administration, 800 Independence
                                                20037.                                                  Evaluation, Adoption, and Finding of                  Avenue SW., Washington, DC 20591;
                                                   If the verified notice contains false or             No Significant Impact and Record of                   telephone: (202) 267–7378.
                                                misleading information, the exemption                   Decision of Department of Navy’s Final
                                                is void ab initio.                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                        Environmental Impact Statement for
                                                   NSR has filed a combined                             the Navy’s Environmental Assessment                   Background
                                                environmental and historic report that                  for the Mariana Islands Range
                                                addresses the effects, if any, of the                                                                            In December 2012, in accordance with
                                                                                                        Complex Airspace                                      the National Environmental Policy Act
                                                abandonment on the environment and
                                                historic resources. OEA will issue an                   AGENCY: Federal Aviation                              and its implementing regulations, the
                                                environmental assessment (EA) by                        Administration, DOT.                                  DoN released a Draft EA/OEA. The Draft
                                                March 28, 2017. Interested persons may                  ACTION: Notice of record of decision.                 EA/OEA presented the potential
                                                obtain a copy of the EA by writing to                                                                         environmental consequences of the
                                                OEA (Room 1100, Surface                                 SUMMARY:   The Federal Aviation                       DoN’s proposal to establish Special Use
                                                                                                        Administration (FAA) announces its                    Airspace to support Navy training
                                                Transportation Board, Washington, DC
                                                                                                        decision to adopt the Department of the               activities that involve the use of
                                                20423–0001) or by calling OEA at (202)
                                                                                                        Navy’s (DoN) Environmental                            advanced weapons systems. The DoN is
                                                245–0305. Assistance for the hearing
                                                                                                        Assessment/Overseas Environmental                     the proponent for the MIRC Airspace
                                                impaired is available through the
                                                                                                        Assessment (EA/OEA) for the Mariana                   and is the lead agency for the
                                                Federal Information Relay Service at
                                                                                                        Islands Range Complex Airspace. In                    preparation of the EA/OEA, and the
                                                (800) 877–8339. Comments on
                                                                                                        accordance with the National                          DoN issued their FONSI on June 15,
                                                environmental and historic preservation
                                                                                                        Environmental Policy Act of 1969                      2013. As a result of public, agency, and
                                                matters must be filed within 15 days
                                                                                                        (‘‘NEPA’’), the Council on                            tribal comments during the 46-day
                                                after the EA becomes available to the
                                                                                                        Environmental Quality’s (‘‘CEQ’’)                     public comment period from December
                                                public.
                                                   Environmental, historic preservation,                regulations implementing NEPA, and                    20, 2012 through February 4, 2013 on
                                                public use, or interim trail use/rail                   other applicable authorities, including               the Draft EA/OEA, and the FAA
                                                banking conditions will be imposed,                     the Federal Aviation Administration                   aeronautical review process, the DoN,
                                                where appropriate, in a subsequent                      (FAA) Order 1050.1F, Environmental                    FAA, other federal and state agencies,
                                                decision.                                               Impacts: Policies and Procedures,                     and tribal governments have consulted
                                                   Pursuant to the provisions of 49 CFR                 paragraph 8–2, and FAA Order JO                       to mitigate concerns while continuing to
                                                1152.29(e)(2), NSR shall file a notice of               7400.2K, ‘‘Procedures for Handling                    meet national defense training
                                                consummation with the Board to signify                  Airspace Matters,’’ paragraph 32–2–3,                 requirements. The FAA is a cooperating
                                                that it has exercised the authority                     the FAA has conducted an independent                  agency responsible for approving
                                                granted and fully abandoned the Line. If                review and evaluation of the DoN’s                    Special Use Airspace as defined in 40
                                                                                                        Final Mariana Islands Range Complex                   CFR 1508.5.
                                                   2 The Board will grant a stay if an informed         (MIRC) Airspace EA/OEA dated June
                                                                                                        2013. As a cooperating agency with                    Implementation
                                                decision on environmental issues (whether raised
                                                by a party or by the Board’s Office of Environmental    responsibility for approving special use                The FAA is establishing Restricted
                                                Analysis (OEA) in its independent investigation)        airspace the FAA provided subject                     Area 7201A and Warning Areas 11, 12,
sradovich on DSK3GMQ082PROD with NOTICES




                                                cannot be made before the exemption’s effective
                                                date. See Exemption of Out-of-Serv. Rail Lines, 5       matter expertise and closely coordinated              and 13. The MIRC legal descriptions
                                                I.C.C.2d 377 (1989). Any request for a stay should      with the DoN during the environmental                 have been modified to identify the
                                                be filed as soon as possible so that the Board may      review process, including preparation of              correct US Territory from the
                                                take appropriate action before the exemption’s          the Draft EA/OEA and the Final EA/                    description in the Notice of Proposed
                                                effective date.
                                                   3 Each OFA must be accompanied by the filing         OEA. Based on its independent review                  Rulemaking published in the Federal
                                                fee, which is currently set at $1,700. See 49 CFR       and evaluation, the FAA has determined                Register (80 FR 51498) on August 25,
                                                1002.2(f)(25).                                          the Final EA/OEA, including its                       2015, and circularization to the public


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                                                14940                        Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

                                                on September 15, 2015 with Docket 15–                   the summary is intended to affect the                    Issued in Renton, Washington, on February
                                                AWP–4NR. The revised legal                              legal status of the petition or its final             8, 2017.
                                                descriptions do not change the Special                  disposition.                                          Victor Wicklund,
                                                Use Airspace request or the analysis                                                                          Manager, Transport Standards Staff.
                                                done in the Final EA/OEA and the                        DATES: Comments on this petition must
                                                                                                        identify the petition docket number                   Petition for Exemption
                                                Aeronautical Study. The modification to
                                                the legal description did not change the                involved and must be received on or                      Docket No.: FAA–2016–7647.
                                                area of analysis; therefore, the                        before April 12, 2017.                                   Petitioner: Textron Aviation Inc.
                                                environmental and aeronautical                                                                                   Section of 14 CFR Affected:
                                                                                                        ADDRESSES:   You may send comments                    § 25.981(a)(3).
                                                analyses are still valid. The legal
                                                descriptions for the MRIC Airspace                      identified by docket number FAA–                         Description of Relief Sought: The
                                                established, as noted in this notice, will              2016–7647 using any of the following                  petitioner seeks an exemption from the
                                                be published in the Federal Register as                 methods:                                              requirements of 14 CFR 25.981(a)(3) at
                                                a Final Rule and in the National Flight                    • Government-wide rulemaking Web                   Amendment 25–125, with respect to
                                                Data Digest (NFDD) with a June 22, 2017                 site: Go to http://www.regulations.gov                fuel tank ignition prevention as it relates
                                                effective date. A copy of the FAA                       and follow the instructions for sending               to lightning protection of fuel tank
                                                Written Re-Evaluation/FONSI–ROD is                      your comments digitally.                              structure and systems for the Model 700
                                                available on the FAA Web site.                                                                                airplane. This petition is made in
                                                                                                           • Mail: Send comments to the Docket
                                                                                                                                                              accordance with FAA Policy PS–ANM–
                                                Right of Appeal                                         Management Facility; U.S. Department
                                                                                                                                                              25.981–02 dated June 24, 2014.
                                                   The Written Re-evaluation, the                       of Transportation, 1200 New Jersey
                                                                                                                                                              [FR Doc. 2017–05238 Filed 3–22–17; 8:45 am]
                                                Adoption, and FONSI–ROD for the                         Avenue SE., West Building Ground
                                                                                                                                                              BILLING CODE 4910–13–P
                                                changes to the MIRC Airspace                            Floor, Room W12–140, Washington, DC
                                                constitutes a final order of the FAA                    20590.
                                                Administrator and is subject to                            • Fax: Fax comments to the Docket                  DEPARTMENT OF TRANSPORTATION
                                                exclusive judicial review under 49                      Management Facility at 202–493–2251.
                                                U.S.C. 46110 by the U.S. Circuit Court                                                                        Federal Highway Administration
                                                of Appeals for the District of Columbia                    • Hand Delivery: Bring comments to
                                                or the U.S. Circuit Court of Appeals for                the Docket Management Facility in                     [FHWA Docket No. FHWA–2016–0033]
                                                the circuit in which the person                         Room W12–140 of the West Building
                                                                                                        Ground Floor at 1200 New Jersey                       Motorcyclist Advisory Council to the
                                                contesting the decision resides or has its                                                                    Federal Highway Administration
                                                principal place of business. Any party                  Avenue SE., Washington, DC, between 9
                                                having substantial interest in this order               a.m. and 5 p.m., Monday through                       AGENCY: Federal Highway
                                                may apply for review of the decision by                 Friday, except Federal holidays.                      Administration (FHWA), DOT.
                                                filing a petition for review in the                        Privacy: We will post all comments                 ACTION: Notice of extension of
                                                appropriate U.S. Court of Appeals no                    we receive, without change, to http://                nomination deadline.
                                                later than 60 days after the order is                   www.regulations.gov, including any
                                                issued in accordance with the                           personal information you provide.                     SUMMARY:   The FHWA is announcing the
                                                provisions of 49 U.S.C. 46110.                                                                                extension of the deadline for
                                                                                                        Using the search function of our docket
                                                  Dated: March 15, 2017.
                                                                                                                                                              nomination applications for the
                                                                                                        Web site, anyone can find and read the
                                                                                                                                                              Motorcyclist Advisory Council (MAC)
                                                Richard Roberts,                                        comments received into any of our                     until April 15, 2017.
                                                Acting Manager, Operations Support Group,               dockets, including the name of the
                                                Western Service Center.                                                                                       DATES: The deadline for nominations for
                                                                                                        individual sending the comment (or
                                                                                                                                                              MAC membership is extended to April
                                                [FR Doc. 2017–05800 Filed 3–22–17; 8:45 am]             signing the comment for an association,
                                                                                                                                                              15, 2017.
                                                BILLING CODE 4910–13–P                                  business, labor union, etc.). You may
                                                                                                                                                              ADDRESSES: All nomination materials
                                                                                                        review the DOT’s complete Privacy Act
                                                                                                        Statement in the Federal Register                     should be emailed to MAC-FHWA@
                                                DEPARTMENT OF TRANSPORTATION                                                                                  dot.gov or mailed attention to Mr.
                                                                                                        published on April 11, 2000 (65 FR
                                                                                                                                                              Michael Griffith, Federal Highway
                                                Federal Aviation Administration                         19477–78).
                                                                                                                                                              Administration, Office of Safety, Room
                                                                                                           Docket: To read background                         E71–312, 1200 New Jersey Ave. SE.,
                                                [Summary Notice No. PE–2017–07]
                                                                                                        documents or comments received, go to                 Washington, DC 20590. Any person
                                                Petition for Exemption; Summary of                      http://www.regulations.gov at any time                needing accessibility accommodations
                                                Petition Received                                       or to the Docket Management Facility in               should contact Michael Griffith at (202)
                                                                                                        Room W12–140 of the West Building                     366–9469.
                                                AGENCY:  Federal Aviation                               Ground Floor at 1200 New Jersey                       FOR FURTHER INFORMATION CONTACT: Mr.
                                                Administration (FAA), DOT.                              Avenue SE., Washington, DC, between 9                 Michael Griffith, Office of Safety, (202)
                                                ACTION: Notice of petition for exemption                a.m. and 5 p.m., Monday through                       366–9469 or MAC-FHWA@dot.gov; 1200
                                                received.                                               Friday, except Federal holidays.                      New Jersey Ave. SE., Washington, DC
                                                SUMMARY:   This notice contains a                                                                             20590; or Ms. Seetha Srinivasan, Office
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                summary of a petition seeking relief                                                                          of the Chief Counsel—Legislation,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Deana Stedman, ANM–113, Federal
                                                from specified requirements of                                                                                Regulations, and General Law Division,
                                                                                                        Aviation Administration, 1601 Lind                    1200 New Jersey Avenue SE.,
                                                regulations. The purpose of this notice                 Avenue SW., Renton, WA 98057–3356,
                                                is to improve the public’s awareness of,                                                                      Washington, DC 20590, (202) 366–4099
                                                                                                        email deana.stedman@faa.gov, phone                    or Seetha.Srinivasan@dot.gov.
                                                and participation in, this aspect of the
                                                                                                        (425) 227–2148.
                                                FAA’s regulatory activities. Neither                                                                          SUPPLEMENTARY INFORMATION: The
                                                publication of this notice nor the                        This notice is published pursuant to                FHWA published its notice establishing
                                                inclusion or omission of information in                 14 CFR 11.85.                                         the MAC and soliciting nominations for


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Document Created: 2017-03-23 02:45:19
Document Modified: 2017-03-23 02:45:19
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 Citation82 FR 14939 

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