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]
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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).
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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
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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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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
