[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44721-44723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20590]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2016-7055; Airspace Docket No. 15-AWP-11]
Establishment of Restricted Area R-2306F; Yuma Proving Ground, AZ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes restricted area R-2306F in the
vicinity of Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. The
restricted area allows Yuma Proving Ground (YPG) to maximize the
existing fixed infrastructure to support current and future hazardous
test programs while minimizing the risk to public and non-participating
aircraft. These programs involve ground and airborne testing of non-
eye-safe lasers, high energy radars and the development of unproven
weapon systems and this ensures the safer testing and evaluation of
these programs without impacting non-participating aircraft and general
public.
DATES: Effective date 0901 UTC, December 7, 2017.
FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group,
Office of Airspace Services, Federal
[[Page 44722]]
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the air traffic service route structure in the
north central United States to maintain the efficient flow of air
traffic.
History
On July 25, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) (81 FR 48364), Docket No. FAA-
2016-7055, to establish restricted area R-2306F, Yuma Proving Ground,
AZ.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. No comments were
received.
Differences From the NPRM
Subsequent to publication of the NPRM, the FAA identified
geographic coordinates to more accurately reflect the existing
boundaries using digital charting capabilities. The geographic
coordinates identifying Laguna Army Airfield required a slight
adjustment to accurately reflect the exact location. The geographic
coordinates before and after Laguna Army Airfield needed to be
corrected to ensure the FAA digital database meet tolerances of gap
analysis.
The Rule
The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 73 to establish a new restricted area (R-2306F) in the vicinity of
Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. This action also
incorporates the restricted area updates noted in the ``Differences
from the NPRM'' section of this final rule. The FAA is taking this
action for testing that includes both ground and air-to-ground
propagation of non-eye-safe lasers, high power radars and
developmental, unproven weapons systems. Testing includes the actual
operation of these systems using various proven and unproven aircraft
platforms. Due to the hazards of these systems, it is imperative that
these activities be segregated within a restricted area. The changes
from the NPRM are as follows:
R-2306F: The geographic coordinates proposed as ``lat.
32[deg]51'18'' N., long. 114[deg]19'29'' W.'' in the boundaries
description are changed to ``lat. 32[deg]51'19'' N., long.
114[deg]19'29'' W.'' Additionally, the geographic coordinates proposed
as ``lat. 32[deg]51'52'' N., long. 114[deg]23'34'' W.'' in the
boundaries description are changed to ``lat. 32[deg]51'53'' N., long.
114[deg]23'35'' W.'' Lastly, the geographic coordinates proposed as
``lat. 32[deg]49'30'' N., long. 114[deg]26'39'' W.'' in the boundaries
description are changed to ``lat. 32[deg]49'30'' N., long.
114[deg]26'38'' W.'' These coordinates are changed from the NPRM to
ensure the FAA digital database meet tolerances of gap analysis.
Regulatory Notices and Analyses
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action of establishing a new
restricted area (R-2306F) in the vicinity of Laguna Army Airfield (LGF)
at Yuma Proving Ground, AZ, qualifies for FAA adoption as authorized
under 40 CFR 1506.3, and in accordance with FAA Order 1050.1F,
paragraphs 8-2 and 9-2, Adoption of Other Agencies' National
Environmental Policy Act Documents, and Written Re-evaluations, and
7400.2L, paragraph 32-2-3.
FAA's environmental impact review included an independent
evaluation and adoption of the Army's Supplemental Environmental
Assessment (SEA) for Proposed Special Use Airspace at Laguna Army
Airfield, Yuma, Arizona which included the establishment of Restricted
Area Airspace R-2306F. The Army's SEA, for which the FAA was a
cooperating agency, was published July 2015 with issuance of its
Finding of No Significant Impact (FONSI) on September 28, 2015.
The FAA has carefully considered its 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 Army's SEA, and has determined that the Army's
Proposed Action provides the best airspace combination for meeting the
needs stipulated in its SEA, that the SEA adequately assesses and
discloses the environmental impacts of the Proposed Action, and that
all practicable means to avoid or minimize environmental harm from that
alternative have been adopted. Additionally, the FAA has determined
that there have not been substantial changes to the Army's Proposed
Action relevant to environmental concerns, and that there are no
significant new circumstances or information relevant to environmental
concerns and bearing on the Proposed Action or its impacts. Therefore,
the FAA has concluded that an additional supplement to the Supplemental
EA is not required.
A copy of the FAA's Adoption EA and FONSI/ROD document is available
at https://www.regulations.gov/ by referencing this docket number.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted areas.
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:
PART 73--SPECIAL USE AIRSPACE
0
1. The authority citation for part 73 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 73.23 [Amended]
0
2. Section 73.23 is amended as follows:
* * * * *
R-2306F, Yuma West, AZ [New]
Boundaries: Beginning at latitude 32[deg]51'52'' N., longitude
114[deg]26'52'' W.; to latitude 32[deg]52'30'' N., longitude
114[deg]21'03'' W.; to latitude 32[deg]51'15'' N., longitude
114[deg]21'03'' W.; to latitude 32[deg]51'19'' N., longitude
114[deg]19'29'' W.;
[[Page 44723]]
then clockwise along a 3.5 NM arc centered at latitude 32[deg]51'53''
N., longitude 114[deg]23'35'' W.; to latitude 32[deg]49'30'' N.,
longitude 114[deg]26'38'' W.; to latitude 32[deg]49'51'' N., longitude
114[deg]26'38'' W.; to latitude 32[deg]50'08'' N., longitude
114[deg]26'3'' W.; to latitude 32[deg]50'17'' N., longitude
114[deg]26'19'' W.; to latitude 32[deg]50'31'' N., longitude
114[deg]26'17'' W.; to latitude 32[deg]50'42'' N., longitude
114[deg]26'9'' W.; to latitude 32[deg]51'11'' N., longitude
114[deg]26'34'' W.; to the point of beginning.
Designated altitudes: Surface to and including 1,700 feet MSL.
Time of Designation: Intermittent, 0600-1800 local time, Monday-
Saturday; other times by NOTAM.
Controlling Agency: Yuma Approach Control, MCAS Yuma, AZ.
Using Agency: U.S. Army, Commanding Officer, Yuma Proving Ground,
Yuma, AZ.
Issued in Washington, DC, on September 20, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-20590 Filed 9-25-17; 8:45 am]
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