[Federal Register Volume 84, Number 172 (Thursday, September 5, 2019)]
[Notices]
[Pages 46775-46776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19105]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration 
Record of Decision and Adoption of the Portions Specific to the Battle 
Area Complex Restricted Area R-2201 (BAX R-2201) and the Expand 
Restricted Area R-2205, Including the Digital Multi-Purpose Training 
Range (DMPTR R-2205), 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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of record of decision.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its 
decision to adopt the portions specific to the BAX R-2201 and DMPTR R-
2205 of 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, 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 7400.2M, ``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), 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

[[Page 46776]]

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, 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; 
email: Paula.Miller@faa.gov; 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 previously issued a Record of Decision 
(ROD) for the USAF SUA proposals because they were ripe for a decision 
while the Army SUA proposals are currently still undergoing 
aeronautical processing and development. The Army SUA proposals are now 
ripe for a decision; therefore, the scope and extent of FAA's ROD is 
only for the Army 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 
Army selected the preferred alternatives for BAX R-2201, DMPTR R-2205, 
and Unmanned Aerial Vehicle (UAV) Access. The Army/USAF ROD also lists 
mitigation measures by agency and specific action. The FAA has 
coordinated with the Army on UAV Access on an alternative solution of 
implementing Certificates of Authorization, since the activity does not 
qualify for a restricted area.

Implementation

    After evaluating the public comments received, the aeronautical 
studies, and the environmental analysis, the FAA is establishing BAX R-
2201and expanding DMPTR R-2205. On March 6, 2017, the FAA published a 
notice of proposed rulemaking (NPRM) proposing to establish BAX R-2201 
in the Federal Register (82 FR 12529). In response to public comments 
expressing concerns over the impact to general aviation aircraft, the 
FAA subsequently published a Supplemental NPRM in the Federal Register 
on January 11, 2018 (83 FR 1316), that would reduce the overall size of 
the proposed BAX R-2201 by 50 percent. On March 6, 2019, the FAA 
published a NRPM (82 FR 12526) to expand DMPTR R-2205. Minor changes to 
reduce the size of R-2205 were made from what was analyzed in the FEIS 
to improve aviation safety and reduce the burden on non-participating 
traffic to help civil pilots remain well clear of hazardous activities 
while following the river during VFR flights and to avoid the Alaska 
Pipeline.
    FAA. The August 29, 2019 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.

    Issued in Des Moines, WA, on August 26, 2019.
B.G. Chew,
Acting Manager, Operations Support Group, Western Service Center, 
Federal Aviation Administration.
[FR Doc. 2019-19105 Filed 9-4-19; 8:45 am]
BILLING CODE 4910-13-P


