DOD eyes control of Tinian airspace

The U.S. Department of Defense is eyeing the airspace over Tinian and the Tinian International Airport itself for its military operations on the island but the CNMI government and the Commonwealth Ports Authority both oppose such use and question the military’s authority in building on Tinian’s only civilian airport.

Defense has proposed an amendment to existing FAA regulations to allow for the establishment of “restricted” airspace near the Tinian and Saipan airports. To pair with this, DOD also has laid down plans for additional military activities on CPA property at the Tinian airport.

FAA currently restricts military activity from 1,500 feet above and below ground level within three nautical miles of airports of civilian use.

The CNMI Joint Military Training’s proposed live-fire ranges on Tinian requires the creation of a “restricted airspace” for weapons training activities. However, CPA opposes the change to FAA rules, calling it “premature” and would like a full public hearing with notice to comment on the matter.

On Nov. 5, CPA and CNMI representatives met in Seattle with the FAA-DOD Working Group in charge of coordinating military plans on the islands and to state its position on the FAA order as well as open up dialogue on the use of the Tinian airport.

If amended, the FAA order would apply nationally but CPA believes that the CNMI is the case by which the DOD’s request was made. CPA asserts that this amounts to a “taking” of CNMI airspace—submerged lands, airspace, airports, and economic loss. The authority wants “clear and convincing” evidence that this change is in the best interest of the Tinian airport.

According to a summary of the meeting, the DOD presented the scope of its planned exclusive and restricted airspace in the Tinian airport. CPA believes this contemplated “special use airspace” will adversely affect the CNMI’s access to the airspace around Saipan and Tinian.”

CPA also raised concerns about noise and economic impact and sought an explanation why live-fire training was needed on Tinian, the siting of Tinian, and the impact on planned direct flights to the island during the meeting.

The meeting was described as an “informal dialogue” by DOD reps, according CPA. When the DOD submits its request for its special use airspace, this informal dialogue will end.

More meetings are expected on island next year.

‘Our right, our airport’

Marianas Forces Pacific intends to set a parallel runway, an air traffic control tower, power and waste management facilities, fuel storage facilities, and other infrastructure at the Tinian airport.

However since the airport is CPA property, CPA would have to propose these changes in an airport layout plan, or ALP, that will be submitted to FAA.

“CPA has made it clear that they have no intention of submitting an ALP until it is absolutely satisfied with whatever concerns—and there are many—about the military’s plan,” CPA legal counsel Robert Torres told the CPA board of directors yesterday.

It is unclear what exact rights Defense claims in its planned use of the airport. The DOD’s leasehold interest in the CPA property has been purchased back by the CNMI many years ago.

According to CPA, Defense has rights for training and other purposes but not “expressly reserved and designated” as is the Northfield area on Tinian.

“We have to ask them this question: Why are you looking at the airport and not the Northfield?” Torres told the board. He added that the military also has to be clear as to what authority they have to site the Tinian airport.

Can the military build an airport on Northfield? Torres said this is a “yes and no.” An airport in Northfield would interfere with the airspace of Saipan and the runway they would build on is a historic area.

He added that CPA would like to know if it could benefit from a wastewater system to be implemented since there is currently only a septic system in place at the airport. CPA would also like to know if they could benefit from the military’s fuel storage facilities and instrument landing systems.

According to CPA, an FAA representative at the Seattle meeting suggested that both parties consider having the airport leased to and operated by the military to allow civilian operations with benefits to the CNMI.

The DOD has proposed two phases for the ALP. The first is an “expeditionary ALP” for a temporary facility from 2016 to 2021. The second is an “end-state ALP” from 2012 and beyond.

Shutout

According to CPA, the proposed FAA rule change would be at FAA’s discretion. The decision could be made without any input from the CNMI as it is an “internal document” and not a regulation subject to formal policy processes like the National Environmental Policy Act.

This would mean no public hearing and no notice for comment for a possible taking over of CNMI airspace by the Department of Defense.

In a Nov. 19 letter to Michael P. Huerta, administrator of the U.S. Department of Transportation, Gov. Eloy S. Inos expressed concern over this procedural exclusion.

“In all candor, the Commonwealth of the Northern Marianas Islands has great apprehension about the proposed military activities in the airspace around our international airports and little technical ability to evaluate or respond to the military’s proposal,” Inos wrote.

He said it his understanding that amending the process governing the creation of special use airspace would fall under FAA’s general rulemaking procedures, which would require formal notice and opportunity to be heard.

He asked if it was correct that the FAA would not conduct public hearings nor prepare NEPA documents in regards to the proposed rule change.

“Given the CNMI’s lack of resources to address these complicated aviation issues, we believe the safeguards contained in the administrative law and NEPA processes…are essential with respect to proposed DOD initiative on our islands,” he said.

Inos said the modification of the FAA order would give DOD a legal basis to justify live-fire training in the CNMI. This, he wrote, should be thoroughly deliberated given its implications.

“For the record, should this proposal move forward, the CNMI respectfully requests public hearings on Saipan and Tinian on the proposed amendment,” he said. He also asked that FAA independently prepare the appropriate NEPA documents in relation to the proposed amendment.