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)

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, 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.

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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