[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Pages 55234-55235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24050]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration 
Record of Decision and Adoption of the Final Environmental Impact 
Statement for Modernization and Enhancement of Ranges, Airspace, and 
Training Areas in the Joint Pacific Alaska Range Complex in Alaska, for 
the Fox 3 Military Operations Area (MOA) Expansion and Paxon/Delta 5 
MOA Establishment and Night Joint Training, Extending MOA Times of Use 
for the United States Air Force

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 United States Departments of the Army (Army) and 
Air Force's (USAF) Final Environmental Impact Statement (EIS) for the 
Modernization and Enhancement of Ranges, Airspace, and Training Areas 
in the Joint Pacific Alaska Range Complex (JPARC) in Alaska, EIS No. 
20130181. 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 Army and the USAF's Final EIS 
for Modernization and Enhancement of Ranges, Airspace, and Training 
Areas in the JPARC in Alaska, dated June 2013. As a cooperating agency 
with responsibility for approving special use airspace (SUA) under 49 
U.S.C. 40103(b)(3)(A), the FAA provided subject matter expertise and 
coordinated with the USAF and Army 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, and other supporting documentation incorporated by 
reference for FAA's Written Re-Evaluation and Adoption of the Final EIS 
adequately assesses and discloses the environmental impacts of the for 
Modernization and Enhancement of Ranges, Airspace, and Training Areas 
in the JPARC in Alaska. FAA is authorized to adopt the Final EIS under 
40 CFR 1506.3, Adoption. Accordingly, the FAA adopts the Final EIS, and 
takes full responsibility for the scope and content that addresses the 
proposed changes to SUA for JPARC.

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 March 2012, in accordance with NEPA and its implementing 
regulations, the USAF and Army released a Draft EIS. The Draft EIS 
presented the potential environmental consequences of the USAF and 
Army's proposal to modernize and enhance JPARC ranges by analyzing the 
military training activities at JPARC, Alaska. As a result of the FAA 
aeronautical review process, and public, agency, and tribal comments 
during the 111-day public comment period on the Draft EIS, the USAF, 
FAA, other federal and state agencies, and tribal governments have 
consulted to mitigate concerns while continuing to meet national 
defense training requirements. The USAF and Army are the proponents for 
the JPARC Modernization and were the lead agencies for the preparation 
of the Final EIS, which was issued in June 2013. The FAA is a 
cooperating agency responsible for approving SUA as defined in 40 CFR 
1508.5.
    The FAA has independently evaluated the JPARC Final EIS and the 
accompanying SUA proposals. FAA found that the USAF SUA proposals are 
ripe for a decision while the Army SUA proposals are currently still 
undergoing aeronautical processing and development. Therefore, the 
scope and extent of FAA's Record of Decision (ROD) is only for the USAF 
SUA proposals.
    The USAF and Army issued one ROD. The ROD lists the Army and USAF 
actions and decisions separately. The ROD includes an Army Decision, 
signed July 30, 2013, and an USAF Decision signed August 6, 2013. The 
USAF selected the preferred alternatives for the Fox 3 MOA Expansion 
and New Paxon MOA, Realistic Live Ordnance Delivery (RLOD), and Night 
Joint Training (NJT). The Army/USAF ROD also lists mitigation measures 
by agency and specific action. The USAF has since decided they do not 
currently plan to implement RLOD, and they have not submitted an 
aeronautical proposal for the expansion of R-2202 necessary for RLOD.

Implementation

    After evaluating the public comments received, the aeronautical 
studies, and the environmental analysis, the FAA is expanding the Fox 3 
Military Operations Area (MOA), establishing the Paxon and Delta 5 
MOAs, and extending the times of use of the existing JPARC MOAs for 
NJT.
    FAA circularized the proposed actions from February 24, 2105 
through May 10, 2015. After the conclusion of the circularization 
comment period and FAA's Aeronautical Study, the FAA changed the name 
of Paxon B MOA to Delta 5 MOA and deleted the Visual Flight Rules (VFR) 
Corridor in the interest of safety. The name change and the elimination 
of the VFR Corridor mitigation do not change the SUA request or the 
analysis done in the Final EIS and the Aeronautical Study. The 
modification did not change the area of analysis; therefore, the 
environmental and aeronautical analyses are still valid. The legal 
descriptions for the JPARC MOAs will be published in the National 
Flight Data Digest with a November 8, 2018 effective date. The August 
29, 2018 Written Re-Evaluation/Adoption/ROD is available on the FAA 
website and can be viewed at https://www.faa.gov/air_traffic/environmental_issues/.

Right of Appeal

    The Written Re-evaluation, Adoption, and ROD for the changes to the 
JPARC 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.


[[Page 55235]]


    Issued in Des Moines, WA on October 26, 2018.
Shawn Kozica,
Manager, Operations Support Group, Western Service Center, Air Traffic 
Organization.
[FR Doc. 2018-24050 Filed 11-1-18; 8:45 am]
 BILLING CODE 4910-13-P


