80 FR 49134 - Modification of Restricted Areas R-3804A, R-3804B, and R-3804C; Fort Polk, LA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range		49134-49136
FR Document		2015-20286

This action expands the lateral boundary of restricted area R- 3804B, Fort Polk, LA, and raises the restricted area ceiling to, but not including 10,000 feet mean sea level (MSL). The expanded restricted area airspace will contain new live fire ranges to support mission requirements of the U.S. Army in order to fully exploit the capabilities of modern weapons systems and complex training scenarios that replicate conditions encountered during military deployments today. This action also amends time of designation for R-3804A and R- 3804B to better reflect when the restricted areas are in use by the U.S. Army and when the airspace is available to nonparticipants. Lastly, this action makes administrative editorial corrections to the R-3804A, R-3804B, and R-3804C legal descriptions.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)

[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49134-49136]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20286]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2014-0639; Airspace Docket No. 13-ASW-20]
RIN 2120-AA66


Modification of Restricted Areas R-3804A, R-3804B, and R-3804C; 
Fort Polk, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action expands the lateral boundary of restricted area R-
3804B, Fort Polk, LA, and raises the restricted area ceiling to, but 
not including 10,000 feet mean sea level (MSL). The expanded restricted 
area airspace will contain new live fire ranges to support mission 
requirements of the U.S. Army in order to fully exploit the 
capabilities of modern weapons systems and complex training scenarios 
that replicate conditions encountered during military deployments 
today. This action also amends time of designation for R-3804A and R-
3804B to better reflect when the restricted areas are in use by the 
U.S. Army and when the airspace is available to nonparticipants. 
Lastly, this action makes administrative editorial

[[Page 49135]]

corrections to the R-3804A, R-3804B, and R-3804C legal descriptions.

DATES: Effective date: 0901 UTC, October 15, 2015.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal 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 amends the restricted area airspace at Fort Polk, LA, to enhance 
aviation safety and accommodate essential U.S. Army training 
requirements.

History

    On September 25, 2014, the FAA published in the Federal Register a 
notice of proposed rulemaking (79 FR 57486) to expand the lateral 
boundary and raise the designated altitudes of restricted area R-3804B, 
amend the time of designation for R-3804A and R-3804B, and make using 
agency corrections to R-3804A, R-3804B, and R-3804C. The R-3804 
restricted area complex amendments support the military training 
activities conducted at Fort Polk, LA.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Fifteen comments 
were received with 14 of the commenters supporting the proposed action, 
and one commenter raising several concerns.
    The commenter suggested the FAA offset a larger R-3804B by 
eliminating the R-3801A, R-3801B, and R-3801C restricted areas and/or 
the R-3803A and R-3803B restricted areas. The commenter offered that 
since the R-3801 complex and the Hackett and Jena Military Operations 
Areas (MOAs) all have the deactivated 917th Fighter Wing listed as the 
using agency, the FAA should consider them for deactivation. The R-3801 
complex and associated MOAs mentioned by the commenter are used by U.S. 
Air Force B-52 aircraft operating from Barksdale Air Force Base (AFB), 
LA, for electronic combat training. The FAA has amended the legal 
descriptions of these Special Use Airspace (SUA) areas, effective April 
30, 2015, to reflect the current using agency, the 307th Bomb Wing at 
Barksdale AFB, LA. The R-3803 complex noted by the commenter is used by 
U.S. Army units at Fort Polk for live fire training similar to that 
occurring in the R-3804 complex. The actual time the restricted area 
complexes are activated is roughly the same and consistent with the 
expected usage of the proposed R-3804B.
    The commenter also stated that real-time deactivation of the 
restricted area complex during Notice to Airmen (NOTAM) periods of use 
is a disservice to civilian pilots who have flight planned to avoid the 
airspace. In the interest of maximizing navigable airspace availability 
to the flying public, the FAA considers real-time deactivation of SUA 
airspace, and making it available to non-participants, an efficient use 
of the National Airspace System. Under the FAA ``joint use'' concept, 
SUA is expected to be released to the controlling agency and become 
available for access by nonparticipating aircraft during periods when 
the airspace is not needed by the using agency for its designated 
purpose.
    Lastly, the commenter questioned how much of the NOTAM activation 
period is actually going to be used by Fort Polk. The expected usage of 
R-3804B is approximately 2 weeks per month, continuously, during large 
unit training rotations. Modern weapons capabilities and tactics are 
optimized for around-the-clock employment, and training events to 
replicate combat scenarios can occur any time of the day or night. The 
R-3804 complex utilization reporting for 2013, the most recent year 
available, shows R-3804B to have been activated 5,412 hours out of a 
possible 8,760 hours. The FAA considers this utilization rate to be 
consistent with Fort Polk's planned use of the proposed R-3804B.
    The amendments to R-3804A, R-3804B, and R-3804C are addressed 
below.

The Rule

    This action amends Title 14, Code of Federal Regulations (14 CFR) 
part 73 by expanding the lateral and vertical dimensions of restricted 
area R-3804B, Fort Polk, LA; changing the times of designation for R-
3804A and R-3804B; and updating the using agency information for R-
3804A, R-3804B, and R-3804C, and removing unnecessary verbiage from the 
designated altitudes and times of designation information for R-3804C.
    The R-3804B boundary is expanded northward to match the northern 
boundary of R-3804A, as described in the NPRM, and the designated 
altitudes are raised from 3,000 feet MSL to, but not including, 10,000 
feet MSL. This lateral and vertical expansion of R-3804B ensures 
containment of the hazardous artillery and mortar fires planned by the 
U.S. Army.
    Additionally, the time of designation for R-3804A and R-3804B are 
changed from ``Continuous'' to ``By NOTAM.'' This amendment ensures the 
restricted areas are available to the U.S. Army when needed, 
continuously approximately two weeks each month, and provides a better 
indication to nonparticipants when the restricted areas are active and 
when they are available for use by the public.
    Lastly, this action makes editorial updates to the using agency 
name for R-3804A, R-3804B, and R-3804C to incorporate the military 
service component of the using agency in the using agency name, removes 
the word ``up'' contained in the designated altitudes for R-3804C, and 
removes the words ``As published'' contained in the time of designation 
for R-3804C. These are purely administrative changes that do not affect 
the scheduling, use, or activities conducted within the restricted 
areas.

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. 
Therefore, this regulation: (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

    Regarding expansion of the lateral boundary and raising the 
designated altitudes of restricted area R-3804B, in

[[Page 49136]]

accordance with FAA Order 1050.1E, paragraphs 402 and 404d, the FAA has 
conducted an independent evaluation of the United States Army, Joint 
Readiness Training Center's Final Environmental Assessment for the 
Establishment of Additional Restricted Airspace Joint Readiness 
Training Center and Fort Polk, LA dated March 2013 (hereinafter ``the 
FEA''). The FAA adopted the relevant portions of the FEA and prepared a 
Finding of No Significant Impact/Record of Decision dated August 11, 
2015. The FAA has determined that no significant impacts would occur as 
a result of the Federal action and therefore that preparation of an 
Environmental Impact Statement is not warranted, and a Finding of No 
Significant Impact in accordance with 40 CFR part 1501.4(e) is 
appropriate.
    Regarding amending the time of designation for R-3804A and R-3804B, 
the FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, Environmental Impacts: Policies and Procedures, 
paragraph 311c. This action, by changing time of designation from 
``continuous'' to ``by NOTAM'' serves to return all or part of special 
use airspace (SUA) to the National Airspace System (NAS). It is not 
expected to cause any potentially significant environmental impacts, 
and no extraordinary circumstances exists that warrant preparation of 
an environmental assessment.
    Regarding making using agency corrections to R-3804A, R-3804B, and 
R-3804C, the FAA has determined that this action qualifies for 
categorical exclusion under the National Environmental Policy Act in 
accordance with FAA Order 1050.1E, Environmental Impacts: Policies and 
Procedures, paragraph 311d. This action is an administrative change to 
the titles in the descriptions of the affected restricted areas to 
reflect the correct locations. It does not alter the dimensions, 
altitudes, times of designation or actual physical locations of the 
airspace; therefore, it is not expected to cause any potentially 
significant environmental impacts, and no extraordinary circumstances 
exists that warrant preparation of an environmental assessment.

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.  73.38  [Amended]

0
2. Section 73.38 is amended as follows:
* * * * *

R-3804A Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]08'12'' W.; to lat. 31[deg]00'53'' N., long. 92[deg]56'53'' W.; 
to lat. 31[deg]00'20'' N., long. 92[deg]56'14'' W.; to lat. 
31[deg]00'20'' N., long. 92[deg]54'23'' W.; to lat. 31[deg]03'55'' N., 
long. 92[deg]51'34'' W.; to lat. 31[deg]09'35'' N., long. 
92[deg]58'25'' W.; to lat. 31[deg]09'35'' N., long. 93[deg]00'56'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]01'55'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]08'12'' W.; to the point of beginning.
    Designated altitudes. Surface to FL 180.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

R-3804B Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]10'53'' W.; to lat. 31[deg]00'53'' N., long. 93[deg]08'12'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]08'12'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]11'00'' W.; to lat. 31[deg]04'56'' N., 
long. 93[deg]11'00'' W.; to lat. 31[deg]04'15'' N., long. 
93[deg]12'31'' W.; to the point of beginning.
    Designated altitudes. Surface to but not including 10,000 feet MSL.
    Time of designation. By NOTAM.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

R-3804C Fort Polk, LA (Amended)

    Boundaries. Beginning at lat. 31[deg]00'53'' N., long. 
93[deg]08'12'' W.; to lat. 31[deg]00'53'' N., long. 92[deg]56'53'' W.; 
to lat. 31[deg]00'20'' N., long. 92[deg]56'14'' W.; to lat. 
31[deg]00'20'' N., long. 92[deg]54'23'' W.; to lat. 31[deg]03'55'' N., 
long. 92[deg]51'34'' W.; to lat. 31[deg]09'35'' N., long. 
92[deg]58'25'' W.; to lat. 31[deg]09'35'' N., long. 93[deg]00'56'' W.; 
to lat. 31[deg]08'43'' N., long. 93[deg]01'55'' W.; to lat. 
31[deg]08'43'' N., long. 93[deg]08'12'' W.; to the point of beginning.
    Designated altitudes. FL 180 to but not including FL 350.
    Time of designation. By NOTAM 24 hours in advance.
    Controlling agency. FAA, Houston ARTCC.
    Using agency. U.S. Army, Commanding General, Fort Polk, LA.

    Issued in Washington, DC, on August 11, 2015.
M. Randy Willis,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-20286 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-13-P

49134 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

effective date of this AD), do a magnetic (ii) If it is determined the installed bolts are contact BAE Systems (Operations) Limited,
particle inspection (MPI) of each MLG P/N MS21250H07046 or P/N Customer Information Department, Prestwick
trunnion cap tension bolt. MS21250H07060 and no countersunk washer International Airport, Ayrshire, KA9 2RW,
(i) If no crack is found during the MPI is installed during the inspection required in Scotland, United Kingdom; telephone: +44
required by paragraph (f)(1) of this AD, before paragraph (f)(4) of this AD, before further 1292 675207; fax: +44 1292 675704; email:
further flight, either re-install the crack-free flight, do an MPI of each MLG trunnion cap RApublications@baesystems.com; Internet:
bolt(s) or install a replacement bolt(s) having tension bolt. http://www.baesystems.com/Businesses/
the same part number (P/N) as the original (A) If no crack is found during the MPI RegionalAircraft/.
bolt. Install a countersunk washer under the required by paragraph (f)(4)(ii) of this AD, (4) You may view this service information
bolt(s) ensuring the washer P/N is applicable before further flight, either re-install the at the FAA, Small Airplane Directorate, 901
to the diameter bolt installed as specified in crack-free bolts or install replacement bolts Locust, Kansas City, Missouri 64106. For
figure 1 of paragraph (f)(3)(i) of this AD. having a ‘new’ bolt P/N as specified in figure information on the availability of this
2 of paragraph (f)(4)(i) of this AD and install material at the FAA, call (816) 329–4148. In
FIGURE 1 OF PARAGRAPH (f)(3)(i)— a countersunk washer P/N PKS1000–7–2–S addition, you can access this service
under each bolt. information on the Internet at http://
PRE-MOD JM5218 REPLACEMENT (B) If any crack is found during the MPI www.regulations.gov by searching for and
PARTS required by paragraph (f)(4)(ii) of this AD, locating Docket No. FAA–2015–2048.
before further flight, replace each cracked (5) You may view this service information
Bolt P/N Washer P/N bolt with a serviceable one having a ‘new’ that is incorporated by reference at the
MS21250H06040 ........ PKS1000–6–2–S (washer). bolt P/N as specified in figure 2 of paragraph National Archives and Records
MS21250H07040 ........ PKS1000–7–2–S (washer). (f)(4)(i) of this AD and install a countersunk Administration (NARA). For information on
washer P/N PKS1000–7–2–S under each bolt. the availability of this material at NARA, call
(ii) If a cracked bolt is found during the 202–741–6030, or go to: http://
(g) Other FAA AD Provisions
inspection required by paragraph (f)(3) of this www.archives.gov/federal-register/cfr/ibr-
AD, before further flight, replace each The following provisions also apply to this locations.html.
cracked bolt with a replacement bolt having AD:
(1) Alternative Methods of Compliance Issued in Kansas City, Missouri, on August
the same P/N as the original bolt. Install a 6, 2015.
countersunk washer under the bolt ensuring (AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs Earl Lawrence,
the washer P/N is applicable to the diameter
bolt installed as specified in figure 1 of for this AD, if requested using the procedures Manager, Small Airplane Directorate, Aircraft
paragraph (f)(3)(i) of this AD. found in 14 CFR 39.19. Send information to Certification Service.
(4) For Post-Mod JM5218 airplanes: Within ATTN: Doug Rudolph, Aerospace Engineer, [FR Doc. 2015–19776 Filed 8–14–15; 8:45 am]
250 FC after September 21, 2015 (the FAA, Small Airplane Directorate, 901 Locust,
BILLING CODE 4910–13–P
effective date of this AD), visually inspect Room 301, Kansas City, Missouri 64106;
each MLG trunnion cap tension bolt to telephone: (816) 329–4059; fax: (816) 329–
determine which type of bolt is installed. 4090; email: doug.rudolph@faa.gov. Before
using any approved AMOC on any airplane DEPARTMENT OF TRANSPORTATION
(i) If it is determined the installed bolts are
P/N MS21134H07045 or P/N to which the AMOC applies, notify your
appropriate principal inspector (PI) in the Federal Aviation Administration
MS21134H07059 during the inspection
required in paragraph (f)(4) of this AD, before FAA Flight Standards District Office (FSDO),
further flight (except as specified in or lacking a PI, your local FSDO. 14 CFR Part 73
(2) Airworthy Product: For any requirement
paragraph (f)(4)(i)(A) of this AD), replace [Docket No. FAA–2014–0639; Airspace
in this AD to obtain corrective actions from
each ‘old’ bolt P/N with a ‘new’ bolt P/N as Docket No. 13–ASW–20]
a manufacturer or other source, use these
specified in figure 2 of paragraph (f)(4)(i) of
actions if they are FAA-approved. Corrective RIN 2120–AA66
this AD and install a washer having P/N
actions are considered FAA-approved if they
PKS1000–7–2–S under each bolt.
are approved by the State of Design Authority Modification of Restricted Areas
(or their delegated agent). You are required R–3804A, R–3804B, and R–3804C; Fort
FIGURE 2 OF PARAGRAPH (f)(4)(i)— to assure the product is airworthy before it
POST-MOD JM5218 REPLACEMENT is returned to service.
Polk, LA
PARTS (h) Related Information AGENCY: Federal Aviation
Administration (FAA), DOT.
Bolt P/N ‘Old’ Bolt P/N ‘New’ Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2015–0061, dated ACTION: Final rule.
MS21134H07045 ........ MS21134H07046, or April 20, 2015; and British Aerospace
MS21250H07046. Jetstream Series 3100 & 3200 Service Bulletin SUMMARY: This action expands the
MS21134H07059 ........ MS21134H07060, or 57–JA120141, Original Issue, dated: July 31, lateral boundary of restricted area R–
MS21250H07060. 2012, for related information. The MCAI can 3804B, Fort Polk, LA, and raises the
be found in the AD docket on the Internet at: restricted area ceiling to, but not
(A) If no ‘new’ replacement bolt is http://www.regulations.gov/ including 10,000 feet mean sea level
available to comply with paragraph (f)(4)(i) of #!documentDetail;D=FAA-2015-2048-0003.
this AD, the ‘old’ bolt may be reinstalled
(MSL). The expanded restricted area
without a countersunk washer, provided that (i) Material Incorporated by Reference airspace will contain new live fire
within 500 FC after reinstallation and (1) The Director of the Federal Register
ranges to support mission requirements
repetitively thereafter at intervals not to approved the incorporation by reference of the U.S. Army in order to fully
exceed 500 FC, each affected bolt is (IBR) of the service information listed in this exploit the capabilities of modern
inspected by MPI. paragraph under 5 U.S.C. 552(a) and 1 CFR weapons systems and complex training
(B) Within 2,000 FC after reinstallation of part 51. scenarios that replicate conditions
a bolt as allowed by paragraph (f)(4)(i)(A) of (2) You must use this service information encountered during military
this AD or before further flight if a crack was as applicable to do the actions required by deployments today. This action also
tkelley on DSK3SPTVN1PROD with RULES

found during any MPI as required by this AD, unless the AD specifies otherwise.
paragraph (f)(4)(i)(A) of this AD, whichever
amends time of designation for R–
(i) British Aerospace Jetstream Series 3100
occurs first, replace the ‘old’ bolt P/N with & 3200 Service Bulletin 57–JA120141,
3804A and R–3804B to better reflect
a ‘new’ bolt P/N as specified in figure 2 of REVISION 1, dated April 8, 2014. when the restricted areas are in use by
paragraph (f)(4)(i) of this AD and install a (ii) Reserved. the U.S. Army and when the airspace is
washer having P/N PKS1000–7–2–S under (3) For British Aerospace Regional Aircraft available to nonparticipants. Lastly, this
each bolt. service information identified in this AD, action makes administrative editorial

VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.SGM 17AUR1

49136 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

accordance with FAA Order 1050.1E, PART 73—SPECIAL USE AIRSPACE Issued in Washington, DC, on August 11,
paragraphs 402 and 404d, the FAA has 2015.
conducted an independent evaluation of ■ 1. The authority citation for part 73 M. Randy Willis,
the United States Army, Joint Readiness continues to read as follows: Acting Manager, Airspace Policy and
Training Center’s Final Environmental Authority: 49 U.S.C. 106 (f), 106(g), 40103, Regulations Group.
Assessment for the Establishment of 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, [FR Doc. 2015–20286 Filed 8–14–15; 8:45 am]
Additional Restricted Airspace Joint 1959–1963 Comp., p. 389. BILLING CODE 4910–13–P
Readiness Training Center and Fort
§ 73.38 [Amended]
Polk, LA dated March 2013 (hereinafter
‘‘the FEA’’). The FAA adopted the ■ 2. Section 73.38 is amended as DEPARTMENT OF HEALTH AND
relevant portions of the FEA and follows: HUMAN SERVICES
prepared a Finding of No Significant * * * * *
Impact/Record of Decision dated August Food and Drug Administration
R–3804A Fort Polk, LA (Amended)
11, 2015. The FAA has determined that
no significant impacts would occur as a Boundaries. Beginning at lat. 21 CFR Part 882
result of the Federal action and 31°00′53″ N., long. 93°08′12″ W.; to lat.
31°00′53″ N., long. 92°56′53″ W.; to lat. [Docket No. FDA–2015–N–2737]
therefore that preparation of an
Environmental Impact Statement is not 31°00′20″ N., long. 92°56′14″ W.; to lat.
31°00′20″ N., long. 92°54′23″ W.; to lat. Medical Devices; Neurological
warranted, and a Finding of No Devices; Classification of the
Significant Impact in accordance with 31°03′55″ N., long. 92°51′34″ W.; to lat.
31°09′35″ N., long. 92°58′25″ W.; to lat. Computerized Cognitive Assessment
40 CFR part 1501.4(e) is appropriate. Aid
Regarding amending the time of 31°09′35″ N., long. 93°00′56″ W.; to lat.
designation for R–3804A and R–3804B, 31°08′43″ N., long. 93°01′55″ W.; to lat. AGENCY: Food and Drug Administration,
the FAA has determined that this action 31°08′43″ N., long. 93°08′12″ W.; to the HHS.
qualifies for categorical exclusion under point of beginning. ACTION: Final order.
the National Environmental Policy Act Designated altitudes. Surface to FL
in accordance with FAA Order 1050.1E, 180. SUMMARY: The Food and Drug
Environmental Impacts: Policies and Time of designation. By NOTAM. Administration (FDA) is classifying the
Procedures, paragraph 311c. This Controlling agency. FAA, Houston computerized cognitive assessment aid
action, by changing time of designation ARTCC. into class II (special controls). The
from ‘‘continuous’’ to ‘‘by NOTAM’’ Using agency. U.S. Army,
special controls that will apply to the
serves to return all or part of special use Commanding General, Fort Polk, LA.
device are identified in this order, and
airspace (SUA) to the National Airspace R–3804B Fort Polk, LA (Amended) will be part of the codified language for
System (NAS). It is not expected to Boundaries. Beginning at lat. the computerized cognitive assessment
cause any potentially significant 31°00′53″ N., long. 93°10′53″ W.; to lat. aid’s classification. The Agency is
environmental impacts, and no 31°00′53″ N., long. 93°08′12″ W.; to lat. classifying the device into class II
extraordinary circumstances exists that 31°08′43″ N., long. 93°08′12″ W.; to lat. (special controls) in order to provide a
warrant preparation of an 31°08′43″ N., long. 93°11′00″ W.; to lat. reasonable assurance of safety and
environmental assessment. 31°04′56″ N., long. 93°11′00″ W.; to lat. effectiveness of the device.
Regarding making using agency 31°04′15″ N., long. 93°12′31″ W.; to the DATES: This order is effective September
corrections to R–3804A, R–3804B, and point of beginning. 16, 2015. The classification was
R–3804C, the FAA has determined that Designated altitudes. Surface to but applicable on June 5, 2015.
this action qualifies for categorical not including 10,000 feet MSL. FOR FURTHER INFORMATION CONTACT:
exclusion under the National Time of designation. By NOTAM. Peter Como, Center for Devices and
Environmental Policy Act in accordance Controlling agency. FAA, Houston Radiological Health, Food and Drug
with FAA Order 1050.1E, ARTCC. Administration, 10903 New Hampshire
Environmental Impacts: Policies and Using agency. U.S. Army, Ave., Bldg. 66, Rm. G242, Silver Spring,
Procedures, paragraph 311d. This action Commanding General, Fort Polk, LA. MD 20993–0002, 301–796–6919,
is an administrative change to the titles
R–3804C Fort Polk, LA (Amended) peter.como@fda.hhs.gov.
in the descriptions of the affected
restricted areas to reflect the correct Boundaries. Beginning at lat. SUPPLEMENTARY INFORMATION:
locations. It does not alter the 31°00′53″ N., long. 93°08′12″ W.; to lat. I. Background
dimensions, altitudes, times of 31°00′53″ N., long. 92°56′53″ W.; to lat.
designation or actual physical locations 31°00′20″ N., long. 92°56′14″ W.; to lat. In accordance with section 513(f)(1) of
of the airspace; therefore, it is not 31°00′20″ N., long. 92°54′23″ W.; to lat. the Federal Food, Drug, and Cosmetic
expected to cause any potentially 31°03′55″ N., long. 92°51′34″ W.; to lat. Act (the FD&C Act) (21 U.S.C.
significant environmental impacts, and 31°09′35″ N., long. 92°58′25″ W.; to lat. 360c(f)(1)), devices that were not in
no extraordinary circumstances exists 31°09′35″ N., long. 93°00′56″ W.; to lat. commercial distribution before May 28,
that warrant preparation of an 31°08′43″ N., long. 93°01′55″ W.; to lat. 1976 (the date of enactment of the
environmental assessment. 31°08′43″ N., long. 93°08′12″ W.; to the Medical Device Amendments of 1976),
point of beginning. generally referred to as postamendment
List of Subjects in 14 CFR Part 73 Designated altitudes. FL 180 to but devices, are classified automatically by
Airspace, Prohibited areas, Restricted not including FL 350. statute into class III without any FDA
tkelley on DSK3SPTVN1PROD with RULES

areas. Time of designation. By NOTAM 24 rulemaking process. These devices
hours in advance. remain in class III and require
Adoption of the Amendment Controlling agency. FAA, Houston premarket approval, unless and until
In consideration of the foregoing, the ARTCC. the device is classified or reclassified
Federal Aviation Administration Using agency. U.S. Army, into class I or II, or FDA issues an order
amends 14 CFR part 73 as follows: Commanding General, Fort Polk, LA. finding the device to be substantially

VerDate Sep<11>2014 16:26 Aug 14, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.SGM 17AUR1

Document Created: 2015-12-15 11:06:50
Document Modified: 2015-12-15 11:06:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Contact		Colby Abbott, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.
FR Citation		80 FR 49134
RIN Number		2120-AA66
CFR Associated		Airspace; Prohibited Areas and Restricted Areas

80 FR 49134 - Modification of Restricted Areas R-3804A, R-3804B, and R-3804C; Fort Polk, LA

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 158 (August 17, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration