# Notice of the U.S. Air Force Supplemental Final Environmental Impact Statement and FAA Approval of the Record of Decision for the Realistic Bomber Training Initiative (RBTI)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A07-2394

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 16, 2007
- **Citation:** 72 FR 27622

## Text

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of the U.S. Air Force Supplemental Final Environmental Impact Statement and FAA Approval of the Record of Decision for the Realistic Bomber Training Initiative (RBTI)

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Adoption of the USAF Supplemental Final Environmental Impact Statement and Issuance of the FAA Record of Decision (ROD).

SUMMARY:

The FAA is announcing—adoption of the United States Air Force (USAF) Final Supplemental Environmental Impact Statement (SEIS) for the Realistic Bomber Training Initiative (RBTI), and approval of the FAA Record of Decision (ROD). The USAF proposal was to create airspace that allows B-52 and B-1 aircrews to receive much needed realistic combat training while maximizing their training time. RBTI includes the Lancer Military Operating Area (MOA) and the Instrument Military Training Route 178 (IR-178).

EFFECTIVE DATES:

April 11, 2007.

ADDRESSES:

Federal Aviation Administration, Central Services Area, System Support Group, 2601 Meacham Blvd., Fort Worth, TX, 76137.

FOR FURTHER INFORMATION CONTACT:

Ms. Nan Terry, Federal Aviation Administration, Central Services Area, System Support Group, 2601 Meacham Blvd, Fort Worth, Texas, 76137, (817) 222-5594.

SUPPLEMENTARY INFORMATION:

Background

On December 19, 1997, the National Environmental Policy Act (NEPA) process for RBTI began with publication of the Notice of Intent (NOI) in the
Federal Register
. The Draft Environmental Impact Statement (EIS) was published in March 1999 (Volume 64, Number 53). Fifteen public hearings were held in 11 communities. The Final EIS, published and made available to the public in January 2000, identified the USAF preferred alternative as Alternative B.

In March 2000, the USAF Deputy Chief of Staff for Air and Space Operations issued its initial Record of Decision (ROD) ((Air Force 2000b)), choosing Alternative B for implementation. They then submitted the formal airspace proposal to establish the Lancher Military Operating Area (MOA) to the FAA in April 2000. After conducting its own independent evaluation of the environmental documentation and completing the aeronautical circularization process, the FAA adopted the Final EIS and gave final approval for the RBTI airspace on December 11, 2001, with an effective date of February 21, 2002.

The USAF and FAA were sued by parties alleging, among other things that there was a failure to comply with NEPA. In March 2003, the U.S. District Court, Northern District of Texas, Lubbock Division, granted summary judgment in favor of the United States. The plaintiffs appealed to the U.S. Court of Appeals for the Fifth Circuit. One of the plaintiffs also filed a separate petition in the Fifth Circuit alleging that the FAA had failed to comply with NEPA in approving the RBTI airspace. In a single opinion covering both the USAF and FAA cases, the Court of Appeals (October 2004) upheld the adequacy of the Final EIS in most respects, but remanded the action to the USAF and FAA to prepare a Supplemental EIS (SEIS) addressing the impact of wake vortices on ground structures, and to the USAF for compliance with the Council on Environmental Quality and USAF internal requirements for addressing FAA comments.

Public Involvement Pertaining to the SEIS

The Air Force, in cooperation with the FAA, published a Notice of Availability for the Draft Supplemental EIS in the
Federal Register
on November 18, 2005 marking the beginning of the official comment period. Between December 5, 2005 and January 28, 2006, the Air Force and FAA conducted a total of five public hearings at locations in the proximity of the proposed action and alternatives. Lubbock, Texas was added as the fifth public hearing location based on requests from interested citizens.

Notice of Availability of the Final SEIS appeared in the
Federal Register
on August 11, 2006 (Volume 71, Number 155) with a comment period of thirty-one (31) days. Additional information regarding the public

involvement process can be found in the USAF ROD dated March 20, 2007.

Copies of the Final SEIS can be received by contacting Ms. Sheryl Parker at (757) 764-9334. The document is also available for review, during normal business hours, at the following locations:

Abilene Public Library
202 Cedar St.
Abilene, TX
79601

Alpine Public Library
203 N. 7th St.
Alpine, TX
79830

Amarillo Public library
P.O. Box 2171
Amarillo, TX
79189

Stonewall County Library
P.O. Box H
Aspermont, TX
79502

Reagan County
County Courthouse
Big Lake, TX
76932

Howard County
312 Scurry St.
Big Spring, TX
79720

Crane County Library
701 S. Alford St.
Crane, TX
79731

Dallam County Library
420 Denrock Ave.
Dalhart, TX
79022

Jeff Davis County Library
Court and Main Streets
Ft. Davis, TX
79734

Ft. Stockton Public Library
400 N. Water
Ft. Stockton, TX
79735

Kent County Library
P.O. Box 28
Jayton, TX
79258

Winkler County Library
307 S. Poplar
Kermit, TX
79745

Dawson Co. Public Library
P.O. Box 1264
Lamesa, TX
79331

Lubbock Library
1306 9th St.
Lubbock, TX
79401

Marfa City Municipal Library
P.O. Drawer U
Marfa, TX
79845

Irion County Library
P.O. Box 766
Merzton, TX
76941

Ward County Library
409 S. Dwight St.
Monahans, TX
79756

Ector County Library
321 W. 5th St.
Odessa, TX
79761

Reeves County Library
505 S. Park St.
Pecos, TX
79772

Post Public Library
105 E. Main St.
Post, TX
79356

City of Presidio Library
P.O. Box K
Presidio, TX
79845

Rankin Public Library
P.O. Box 6
Rankin, TX
79778

Rotan Public Library
404 E. Snyder Ave.
Rotan, TX
79546

Tom Green County System
113 W. Beauregard Ave.
San Angelo, TX
76903

Sierra Blanca Public Library
Sierra Blanca
Sierra Blanca, TX
79851

Scurry County Public Library
1916 23rd St.
Snyder, TX
79549

Sterling County Public Library
P.O. Box 1130
Sterling City, TX
76951

Taos Public Library
402 Camino de la Placita
Taos, NM
87571

City-County Library
Box 1018
Tahoka, TX
79373

Van Horn Library
P.O. Box 129
Van Horn, TX
79855

The FAA's determinations on the project are outlined in the FAA ROD, which was approved on April 11, 2007. A copy of the ROD can be received by contacting Ms. Nan Terry, in the For Further Information Section above.

Issued in Washington, DC, on May 7, 2007.
Edith V. Parish,
Acting Manager, Environmental Programs Group, System Operations Airspace & Aeronautical Information Management, Air Traffic Organization.

[FR Doc. 07-2394 Filed 5-15-07; 8:45am]
BILLING CODE 4910-13-M

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A07-2394. Public record. Not legal advice.
