Notice of Availability of the Federal Aviation Administration's Record of Decision for the Establishment and Modification of Oregon Military Training Special Use Airspace Identified as Warning Area 570, Eel Military Operation Area Complex, Redhawk Military Operation Area Complex, and Juniper/Hart Military Operation Area Complex and the Federal Aviation Administration's Adoption of the Final Environmental Impact Statement (EIS) Prepared by the Oregon Air National Guard/National Guard Bureau for the Proposed Establishment and Modification of Oregon Military Training Airspace (EIS No. 20170197), 57643-57645 [2017-26201]

Download as PDF Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices FOR FURTHER INFORMATION CONTACT: Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257–1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register. Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017–26294 Filed 12–5–17; 8:45 am] PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257–1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register. Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017–26293 Filed 12–5–17; 8:45 am] BILLING CODE 4710–05–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36158] BILLING CODE 4710–05–P Old Augusta Railroad, LLC— Acquisition and Operation Exemption—KM Railways, LLC DEPARTMENT OF STATE [Public Notice: 10223] Notice of Determinations; Additional Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Arts of Islamic Lands: Masterpieces From The al-Sabah Collection, Kuwait’’ Exhibition Notice is hereby given of the following determinations: I hereby determine that certain additional objects to be included in the exhibition ‘‘Arts of Islamic Lands: Masterpieces from The al-Sabah Collection, Kuwait,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The additional objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the additional exhibit objects at the Museum of Fine Arts, Houston, in Houston, Texas, from on or about January 20, 2018, until on or about January 20, 2023, and at possible additional exhibitions or venues yet to be determined, is in the national interest. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/ VerDate Sep<11>2014 18:07 Dec 05, 2017 Jkt 244001 Old Augusta Railroad, LLC (OAR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to purchase from KM Railways, LLC (KMR) (a Class III rail carrier commonly owned with OAR by Koch Industries, Inc.), and to continue to operate approximately 2.5 miles of rail line from New Augusta (Station No. FSAC 10) to Augusta (Station No. FSAC 20) in Perry County, Miss., pursuant to an Asset Purchase Agreement (Agreement). According to OAR, there are no branch lines and no mile posts.1 OAR states that this transaction is an internal reorganization for corporate purposes and there will be no change in the operations presently being conducted on the line by OAR after the purchase. OAR states that the proposed transaction does not involve any provision or agreement that would limit future interchange with a third-party connecting carrier. OAR certifies that its projected annual revenues will not result in creation of a Class I or Class II 1 In 2009, KMR was authorized to acquire the 2.5mile rail line from OAR, and OAR was authorized to lease and operate it. See KM Rys.—Acquisition Exemption—Old Augusta R.R., FD 35321 (STB served Dec. 4, 2009); Old Augusta R.R.—Lease & Operation Exemption—KM Rys., FD 35319 (STB served Dec. 4, 2009). PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 57643 rail carrier and that its projected annual revenues will not exceed $5 million. The parties intend to consummate the transaction on or after December 20, 2017, the effective date of the exemption (30 days after the verified notice was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than December 13, 2017 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 36158, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on applicant’s representative, David H. Coburn, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW., Washington, DC 20036. According to OAR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c). Board decisions and notices are available on our Web site at WWW.STB.GOV. Decided: December 1, 2017. By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. Marline Simeon, Clearance Clerk. [FR Doc. 2017–26267 Filed 12–5–17; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Availability of the Federal Aviation Administration’s Record of Decision for the Establishment and Modification of Oregon Military Training Special Use Airspace Identified as Warning Area 570, Eel Military Operation Area Complex, Redhawk Military Operation Area Complex, and Juniper/Hart Military Operation Area Complex and the Federal Aviation Administration’s Adoption of the Final Environmental Impact Statement (EIS) Prepared by the Oregon Air National Guard/National Guard Bureau for the Proposed Establishment and Modification of Oregon Military Training Airspace (EIS No. 20170197) Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\06DEN1.SGM 06DEN1 57644 Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices Notice of Availability of a September 29, 2017 Record of Decision. ACTION: On September 29, 2017, the FAA signed its Adoption/Record of Decision (ROD) for its aeronautical action—the modification and establishment of Military Operation Areas (MOAs), Air Traffic Controlled Assigned Airspace (AATCAs) and Warning Areas for the Oregon Military Training Airspace. The Adoption/ROD identifies the aeronautical action and states the FAA decision to modify existing airspace and establish new airspace to support the Oregon Air National Guard’s F–15 training operations. In accordance with FAA Order 1050.1F, paragraphs 9–2, Adoption of Other Agencies’ National Environmental Policy Act Documents, and 7400.2L, paragraph 32–2–3, the FAA has conducted an independent review and evaluation of the Air National Guard, National Guard Bureau and U.S. Air Force’s Final Environmental Impact Statement (FEIS) for the proposed Establishment and Modification of Military Operation Areas (MOAs) and Warning Area. Based on its independent review, the FAA has determined that the EIS and its supporting documentation, as incorporated by reference, adequately assess and disclose the environmental impacts of the FAA’s proposed aeronautical action and that the adoption of the FEIS by the FAA is authorized. Accordingly, the FAA adopts the FEIS, Appendices and all information identified therein, incorporated by reference and made publicly available. Further, the FAA’s September 29, 2017 Adoption/Record of Decision (ROD) is based on its adoption of the FEIS and the FEIS’ identification, analysis and conclusions regarding resources, and environmental effects of the ANG/NGB’s Proposed Action. DATES: Applicable date: December 6, 2017. FOR FURTHER INFORMATION CONTACT: Paula Miller, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–7378. SUPPLEMENTAL INFORMATION: The FAA adopts the Oregon Air National Guard/ National Guard Bureau’s Final EIS for the Proposed Establishment and Modification of Oregon Military Training Airspace. The FEIS analyzed the potential environmental impacts from the establishment of new military training airspace and modifications to daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:07 Dec 05, 2017 Jkt 244001 existing military training airspace located over coastal, central, and eastern Oregon, the Pacific Ocean, a small area of northwestern Nevada, and the southwestern-most corner of Washington. The proposed action would modify existing Air Traffic Control Assigned Airspaces (ATCAAs) and Military Operations Areas (MOAs), and establish new MOAs and ATCAAs to provide properly configured and located military airspace supporting efficient, realistic, mission-oriented training. Specifically, the proposed Action will achieve the purpose of providing properly configured and located military airspace to enable efficient, realistic mission-oriented training with adequate size and within reasonably close proximity to support the advanced 21st century air-to-air tactical fighter technologies. The Proposed Action will also enable, achieve and provide the military airspace necessary for the current and evolving training mission requirements of the Oregon ANG in an era of increased operational complexity. Recent improvements to the F–15’s radar, along with other avionics upgrades and the growing reliance on stand-off tactics, techniques, and procedures (TTP) require a larger volume of training airspace than currently exists in the airspace managed by both the 142d Fighter Wing (142 FW) and 173d Fighter Wing (173 FW). Other factors contributing to the need for the airspace modifications are the travel distance and time required to access existing training airspace areas, and the frequency of weather conditions that limit the availability of coastal airspace areas for operational training. The adoption of the FEIS by the FAA is consistent with and authorized pursuant to NEPA implementing regulations at 40 CFR 1506.3. On August 29, 2017, the USAF signed the Record of Decision (ROD) for the Establishment and Modification of Oregon Military Training Airspace. The Air National Guard Bureau, Department of the Air Force’s Notice of Availability (NOA) of the USAF’s ROD was published in the Federal Register on September 12, 2017. (82 FR 42803). The NOA states that the ROD is the USAF decision to modify existing airspace and establish new airspace to support the Oregon Air National Guard’s F–15 training operations and to implement practicable mitigations. Further, the NOA states the USAF’s decision was ‘‘based on matters addressed in the FEIS for the Proposed Modification of Oregon Military Training Airspace; contributions from the public, tribes, regulatory agencies; and other relevant PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 factors’’. The FEIS was made available to the public on May 19, 2017 through a NOA in the Federal Register (82 FR 22997) with a 30-day wait period that ended on June 19, 2017. (82 FR 42803). An agency need not prepare a new or supplemental environmental document if there are no substantial changes in the proposed action that are relevant to environmental concerns, and that data and analyses contained in the EIS are still substantially valid that there are no significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts. The FAA conducted an independent evaluation and determined that the above referenced FEIS adequately addresses the relevant FAA actions and meets the applicable standards under NEPA and its implementing regulations at 40 CFR 1500–1508, and FAA Order 1050.1F. The FAA’s September 29, 2017 Adoption/Record of Decision (ROD) for the Establishment and Modification of Oregon Military Training Special Use Airspace—as described in its ROD—is based on its independent review, evaluation and subsequent adoption of the FEIS prepared by the Oregon Air National Guard/National Guard Bureau. Decision and Approval After careful consideration of the FAA’s statutory mandate under 49 U.S.C. 40103 to ensure the safe and efficient use of the national airspace system as well as the other aeronautical goals and objectives discussed in the FEIS, the FAA concurs with the military that the Proposed Action—as defined in the FAA’s September 29, 2017 Adoption/Record of Decision (ROD)— provides the best airspace combination for meeting the needs stipulated in the FEIS, and that all practical means to avoid or minimize environmental harm from that alternative have been adopted. Accordingly, under the authority delegated by the Administrator of the Federal Aviation Administration, the FAA’s September 29, 2017 Adoption/ Record of Decision (ROD) approves and authorizes all agency action to modify and to establish the new Special Use Airspace, as described. The FAA’s September 29, 2017 adoption/final decision signifies that applicable Federal environmental requirements relating to the Proposed Action have been met. The September 29, 2017 Adoption/Record of Decision (ROD) enabled the FAA to complete its non-rulemaking actions to establish and modify the Military Operation Areas and Warning Area. The September 29, 2017 Adoption/Record of Decision (ROD) is available at the FAA’s Web site E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices and can be viewed at: https:// www.faa.gov/air_traffic/environmental_ issues/. Right of Appeal The FAA’s September 29, 2017 Adoption/Record of Decision (ROD) for the Establishment and Modification of Oregon Military Training Special Use 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 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. Issued in Washington, DC, on November 29, 2017. Rodger A. Dean Jr., Manager, Airspace Policy Group. [FR Doc. 2017–26201 Filed 12–5–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2017–0050] Agency Information Collection Activities: Request for Comments for the Renewal of an Information Collection Federal Highway Administration (FHWA), DOT. ACTION: Notice and request for comments. AGENCY: The FHWA invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. DATES: Please submit comments by February 5, 2018. ADDRESSES: You may submit comments identified by DOT Docket ID 2017–0050 by any of the following methods: daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:07 Dec 05, 2017 Jkt 244001 Web site: For access to the docket to read background documents or comments received go to the Federal eRulemaking Portal: Go to http:// www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1–202–493–2251. Mail: Docket Management Facility, U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Purdy, 202–366–6993, Office of Freight Management & Operations (HOFM–1), Office of Operations, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue, Southeast, Washington, DC 20590. Office hours are from 7:30 a.m. to 4:00 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: USDOT Survey and Comparative Assessment of Truck Parking Facilities. Background: U.S. Department of Transportation (USDOT) is directed to complete a survey and comparative assessment of truck parking facilities in each State as required by Section 1401(c) of Moving Ahead for Progress in the 21st Century (MAP–21). MAP–21 Section 1401(c) required the survey in order to evaluate the capability of the States to provide adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation. Other work activities required under this section of MAP–21 were: An assessment of the volume of commercial motor vehicle traffic in each State and the development of a system of metrics designed to measure the adequacy of commercial motor vehicle truck parking facilities in each state. A survey was conducted in 2014 and is available at: https://ops.fhwa.dot.gov/ freight/infrastructure/truck_parking/ jasons_law/truckparkingsurvey/ index.htm. MAP–21 Section 1401(c)(3) called for periodic updates to the survey, which is the intent of the proposed updated survey. The results of this updated survey shall be made available on a publicly accessible Department of Transportation Web site and updated periodically USDOT seeks to continue to collect data to support updates to the survey. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 57645 Respondents: State Transportation and Enforcement Officials, Private Sector Facility Owners/Operators, Trucking Company owners or their designee, and Truck Drivers. The target groups of respondents are individuals who are responsible for providing or overseeing the operation of truck parking facilities and stakeholders that depend on such facilities to safely conduct their business. The target group identified in the legislation is ‘‘state commercial vehicle safety personnel;’’ the Federal Highway Administration (FHWA) has interpreted this term to include the Department of Transportation personnel in each State involved in commercial vehicle safety program activities and State enforcement agency personnel directly involved in enforcing highway safety laws and regulations and in highway incident and accident response. In addition, FHWA finds that the survey on the adequacy of truck parking opportunities is not limited to publicly owned facilities; input from private sector facility owners/operators must be obtained to adequately complete the required work provided in the federal legislation. FHWA also finds that input obtained from trucking company representatives (owners or their designees, especially those in logistics or who schedule drivers) and truck drivers, key stakeholders for truck parking facilities who are most likely to know where truck parking is needed, will be necessary to complete the survey requirements. As per MAP–21 Section 1401(c)(3), this survey will be conducted periodically to allow for required updates. Types of Survey Questions: FHWA intends to survey Department of Transportation personnel in each State on the location, number of spaces, availability and demand for truck parking in their State, including at rest facilities, truck parking information systems, truck parking plans, as well as any impediments to providing adequate truck parking capacity (including but not limited to legislative, regulatory, or financial issues; zoning; public and private impacts, approval, and participation; availability of land; insurance requirements and other issues). FHWA intends to survey private truck stop operators in each State on the location, number of truck parking spaces, availability and demand they observe at their facilities. FHWA intends to survey public safety officials in each State on their records and observations of truck parking use and patterns, including the location and frequency of trucks parked adjacent to E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57643-57645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26201]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Availability of the Federal Aviation Administration's 
Record of Decision for the Establishment and Modification of Oregon 
Military Training Special Use Airspace Identified as Warning Area 570, 
Eel Military Operation Area Complex, Redhawk Military Operation Area 
Complex, and Juniper/Hart Military Operation Area Complex and the 
Federal Aviation Administration's Adoption of the Final Environmental 
Impact Statement (EIS) Prepared by the Oregon Air National Guard/
National Guard Bureau for the Proposed Establishment and Modification 
of Oregon Military Training Airspace (EIS No. 20170197)

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 57644]]


ACTION: Notice of Availability of a September 29, 2017 Record of 
Decision.

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

SUMMARY: On September 29, 2017, the FAA signed its Adoption/Record of 
Decision (ROD) for its aeronautical action--the modification and 
establishment of Military Operation Areas (MOAs), Air Traffic 
Controlled Assigned Airspace (AATCAs) and Warning Areas for the Oregon 
Military Training Airspace. The Adoption/ROD identifies the 
aeronautical action and states the FAA decision to modify existing 
airspace and establish new airspace to support the Oregon Air National 
Guard's F-15 training operations. In accordance with FAA Order 1050.1F, 
paragraphs 9-2, Adoption of Other Agencies' National Environmental 
Policy Act Documents, and 7400.2L, paragraph 32-2-3, the FAA has 
conducted an independent review and evaluation of the Air National 
Guard, National Guard Bureau and U.S. Air Force's Final Environmental 
Impact Statement (FEIS) for the proposed Establishment and Modification 
of Military Operation Areas (MOAs) and Warning Area. Based on its 
independent review, the FAA has determined that the EIS and its 
supporting documentation, as incorporated by reference, adequately 
assess and disclose the environmental impacts of the FAA's proposed 
aeronautical action and that the adoption of the FEIS by the FAA is 
authorized.
    Accordingly, the FAA adopts the FEIS, Appendices and all 
information identified therein, incorporated by reference and made 
publicly available. Further, the FAA's September 29, 2017 Adoption/
Record of Decision (ROD) is based on its adoption of the FEIS and the 
FEIS' identification, analysis and conclusions regarding resources, and 
environmental effects of the ANG/NGB's Proposed Action.

DATES: Applicable date: December 6, 2017.

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

SUPPLEMENTAL INFORMATION: The FAA adopts the Oregon Air National Guard/
National Guard Bureau's Final EIS for the Proposed Establishment and 
Modification of Oregon Military Training Airspace. The FEIS analyzed 
the potential environmental impacts from the establishment of new 
military training airspace and modifications to existing military 
training airspace located over coastal, central, and eastern Oregon, 
the Pacific Ocean, a small area of northwestern Nevada, and the 
southwestern-most corner of Washington.
    The proposed action would modify existing Air Traffic Control 
Assigned Airspaces (ATCAAs) and Military Operations Areas (MOAs), and 
establish new MOAs and ATCAAs to provide properly configured and 
located military airspace supporting efficient, realistic, mission-
oriented training. Specifically, the proposed Action will achieve the 
purpose of providing properly configured and located military airspace 
to enable efficient, realistic mission-oriented training with adequate 
size and within reasonably close proximity to support the advanced 21st 
century air-to-air tactical fighter technologies. The Proposed Action 
will also enable, achieve and provide the military airspace necessary 
for the current and evolving training mission requirements of the 
Oregon ANG in an era of increased operational complexity. Recent 
improvements to the F-15's radar, along with other avionics upgrades 
and the growing reliance on stand-off tactics, techniques, and 
procedures (TTP) require a larger volume of training airspace than 
currently exists in the airspace managed by both the 142d Fighter Wing 
(142 FW) and 173d Fighter Wing (173 FW). Other factors contributing to 
the need for the airspace modifications are the travel distance and 
time required to access existing training airspace areas, and the 
frequency of weather conditions that limit the availability of coastal 
airspace areas for operational training. The adoption of the FEIS by 
the FAA is consistent with and authorized pursuant to NEPA implementing 
regulations at 40 CFR 1506.3.
    On August 29, 2017, the USAF signed the Record of Decision (ROD) 
for the Establishment and Modification of Oregon Military Training 
Airspace. The Air National Guard Bureau, Department of the Air Force's 
Notice of Availability (NOA) of the USAF's ROD was published in the 
Federal Register on September 12, 2017. (82 FR 42803). The NOA states 
that the ROD is the USAF decision to modify existing airspace and 
establish new airspace to support the Oregon Air National Guard's F-15 
training operations and to implement practicable mitigations. Further, 
the NOA states the USAF's decision was ``based on matters addressed in 
the FEIS for the Proposed Modification of Oregon Military Training 
Airspace; contributions from the public, tribes, regulatory agencies; 
and other relevant factors''. The FEIS was made available to the public 
on May 19, 2017 through a NOA in the Federal Register (82 FR 22997) 
with a 30-day wait period that ended on June 19, 2017. (82 FR 42803).
    An agency need not prepare a new or supplemental environmental 
document if there are no substantial changes in the proposed action 
that are relevant to environmental concerns, and that data and analyses 
contained in the EIS are still substantially valid that there are no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the proposed action or its impacts.
    The FAA conducted an independent evaluation and determined that the 
above referenced FEIS adequately addresses the relevant FAA actions and 
meets the applicable standards under NEPA and its implementing 
regulations at 40 CFR 1500-1508, and FAA Order 1050.1F. The FAA's 
September 29, 2017 Adoption/Record of Decision (ROD) for the 
Establishment and Modification of Oregon Military Training Special Use 
Airspace--as described in its ROD--is based on its independent review, 
evaluation and subsequent adoption of the FEIS prepared by the Oregon 
Air National Guard/National Guard Bureau.

Decision and Approval

    After careful consideration of the FAA's statutory mandate under 49 
U.S.C. 40103 to ensure the safe and efficient use of the national 
airspace system as well as the other aeronautical goals and objectives 
discussed in the FEIS, the FAA concurs with the military that the 
Proposed Action--as defined in the FAA's September 29, 2017 Adoption/
Record of Decision (ROD)--provides the best airspace combination for 
meeting the needs stipulated in the FEIS, and that all practical means 
to avoid or minimize environmental harm from that alternative have been 
adopted.
    Accordingly, under the authority delegated by the Administrator of 
the Federal Aviation Administration, the FAA's September 29, 2017 
Adoption/Record of Decision (ROD) approves and authorizes all agency 
action to modify and to establish the new Special Use Airspace, as 
described.
    The FAA's September 29, 2017 adoption/final decision signifies that 
applicable Federal environmental requirements relating to the Proposed 
Action have been met. The September 29, 2017 Adoption/Record of 
Decision (ROD) enabled the FAA to complete its non-rulemaking actions 
to establish and modify the Military Operation Areas and Warning Area. 
The September 29, 2017 Adoption/Record of Decision (ROD) is available 
at the FAA's Web site

[[Page 57645]]

and can be viewed at: https://www.faa.gov/air_traffic/environmental_issues/.

Right of Appeal

    The FAA's September 29, 2017 Adoption/Record of Decision (ROD) for 
the Establishment and Modification of Oregon Military Training Special 
Use 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 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.

    Issued in Washington, DC, on November 29, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-26201 Filed 12-5-17; 8:45 am]
BILLING CODE 4910-13-P