81_FR_17680 81 FR 17619 - Proposed Establishment of Temporary Restricted Areas R-2509E, R-2509W, and R-2509N; Twentynine Palms, CA

81 FR 17619 - Proposed Establishment of Temporary Restricted Areas R-2509E, R-2509W, and R-2509N; Twentynine Palms, CA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range17619-17621
FR Document2016-07166

This action proposes to establish temporary restricted areas R-2509E, R-2509W, and R-2509N, Twentynine Palms, CA, to support a Marine Expeditionary Brigade level Large Scale Exercise (LSE) planned for existing and newly acquired training lands at Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms from August 1 to August 18, 2016.

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Proposed Rules]
[Pages 17619-17621]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07166]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / 
Proposed Rules

[[Page 17619]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-4282; Airspace Docket No. 16-AWP-3]
RIN 2120-AA66


Proposed Establishment of Temporary Restricted Areas R-2509E, R-
2509W, and R-2509N; Twentynine Palms, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish temporary restricted areas 
R-2509E, R-2509W, and R-2509N, Twentynine Palms, CA, to support a 
Marine Expeditionary Brigade level Large Scale Exercise (LSE) planned 
for existing and newly acquired training lands at Marine Corps Air 
Ground Combat Center (MCAGCC), Twentynine Palms from August 1 to August 
18, 2016.

DATES: Comments must be received on or before May 16, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2016-
4282 and Airspace Docket No. 16-AWP-3, at the beginning of your 
comments. You may also submit comments through the Internet at 
www.regulations.gov. You may review the public docket containing the 
proposal, any comments received, and any final disposition in person in 
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    Comments on environmental and land use aspects to should be 
directed to: Mr. Chris Proudfoot, Proposed 29 Palms Land Acquisition/
Airspace Establishment Project MAGTFTC, MCAGCC, Bldg. 1554, Box 788104 
Twentynine Palms, CA 92278-8104; phone: (760) 830-7926.

FOR FURTHER INFORMATION CONTACT: Jason Stahl, Airspace Policy 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 would establish the temporary restricted area airspace 
at Twentynine Palms, CA, to enhance aviation safety and accommodate 
essential United States Marine Corps training requirements.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2016-4282 and Airspace Docket No. 16-AWP-3) and be submitted in 
triplicate to the Docket Management System (see ADDRESSES section for 
address and phone number). You may also submit comments through the 
Internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2016-4282 and Airspace Docket No. 16-AWP-3.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at www.regulations.gov.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Western 
Service Center, Federal Aviation Administration, 1601 Lind Ave. SW., 
Renton, WA 98057.
    Persons interested in being placed on a mailing list for future 
NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, 
for a copy of Advisory Circular No. 11-2A, Notice of Proposed 
Rulemaking Distribution System, which describes the application 
procedure.

Background

    Marine Corps combat readiness depends on the continued availability 
of ranges and training areas that provide realistic, mission-oriented 
training and exercises. Marine Corps training proceeds on a continuum, 
from entry-level training of individual Marines in basic military 
skills to large-scale exercises involving a Marine Air Ground Task 
Force (MAGTF). Currently, the Marine Corps does not have

[[Page 17620]]

sufficient range space to conduct a Marine Expeditionary Brigade (MEB) 
level live fire exercise. Through careful analysis and a series of 
studies, MCAGCC Twentynine Palms was identified as the only Marine 
Corps installation capable of expansion to the dimensions required to 
support this level of exercise. Acquisition of new lands without the 
requisite special use airspace (SUA) would not allow for the training 
events required to successfully execute this essential exercise. 
Consequently, a new restricted area, military operations areas (MOA) 
and air traffic control-assigned airspace are being developed as a 
critical element of the required expansion to support large scale MEB 
level exercises and those supporting building block training events. A 
prior proposal for permanent SUA received a non-concurrence from LA 
Center and will not be available to support the first Large Scale 
Exercise on new Twentynine Palms lands planned for August 1 to August 
18, 2016. The establishment of temporary restricted area R-2509E, W, 
and N, will substantially enhance both the capability and capacity of 
the MCAGCC Twentynine Palms Range and Training Areas (RTA) to conduct 
required training for a MEB large scale exercise.

The Proposal

    This proposal would establish new temporary restricted areas R-
2509E, R-2509W, and R-2509N for the period from August 1 to August 18, 
2016, to accommodate live fire from pistols, rifles, machine guns, 
anti-tank weapons, mortars, artillery, Unmanned Aircraft Systems, fixed 
wing, and rotary wing training activities including close air support 
and live ordnance delivery. This proposed temporary restricted area is 
required to effectively deconflict Department of Defense and civilian 
air traffic from hazards associated with live fire training.
    Maximum altitudes within the R-2509E would be Flight Level (FL) 
400, however, impacts mitigation were coordinated with Los Angeles Air 
Route Traffic Control Center and will be implemented to include 
limiting higher airspace activations above FL220 to only 2 hours for 2 
days of the exercise. R-2509W would have a ceiling of 8,000 feet MSL 
and R-2509N would have a ceiling of 16,000 feet MSL. Supersonic flight 
will not be conducted as part of the above aviation training 
activities.
    The times of use would be by NOTAM, and activations of R-2509E 
above FL220 would have the NOTAM issued 48 hours in advance. Expected 
usage would be 12 hours per day for 10 days up to 16,000 feet and 16 
hours per day for 6 days up to FL220.
    The lateral boundaries of the proposed areas would be as follows:

    Temporary R-2509E--Beginning at lat. 34[deg]40'30'' N., long. 
116[deg]29'43'' W.; to lat. 34[deg]39'24'' N., long. 116[deg]29'19'' 
W.; to lat. 34[deg]36'00'' N., long. 116[deg]28'03'' W.; to lat. 
34[deg]31'30'' N., long. 116[deg]26'48'' W.; to lat. 34[deg]30'00'' 
N., long. 116[deg]26'23'' W.; to lat. 34[deg]21'35'' N., long. 
116[deg]21'38'' W.; to lat. 34[deg]19'30'' N., long. 116[deg]20'29'' 
W.; to lat. 34[deg]17'38'' N., long. 116[deg]19'19'' W.; to lat. 
34[deg]22'25'' N., long. 116[deg]31'10'' W.; to lat. 34[deg]34'17'' 
N., long. 116[deg]35'52'' W.; to the point of beginning.
    Temporary R-2509W--Beginning at lat. 34[deg]35'03'' N., long. 
116[deg]36'10'' W.; to lat. 34[deg]34'17'' N., long. 116[deg]35'52'' 
W.; to lat. 34[deg]22'25'' N., long. 116[deg]31'10'' W.; to lat. 
34[deg]26'57'' N., long. 116[deg]42'51'' W.; to lat. 34[deg]29'44'' 
N., long. 116[deg]42'51'' W.; to the point of beginning.
    Temporary R-2509N--Beginning at lat. 34[deg]35'03'' N., long. 
116[deg]36'10'' W.; to lat. 34[deg]40'30'' N., long. 116[deg]29'43'' 
W.; to lat. 34[deg]34'17'' N., long. 116[deg]35'52'' W.; to the 
point of beginning.

    These temporary restricted areas would automatically expire on 
August 18, 2016.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 will only affect air traffic 
procedures and air navigation, it is certified that this proposed rule, 
when promulgated, will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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.  73.25  California (Amended)

0
2. Sec.  73.25 is amended as follows:
* * * * *

R-2509E Twentynine Palms, CA [New]

    Boundaries. Beginning at lat. 34[deg]40'30'' N; long. 
116[deg]29'43'' W; to lat. 34[deg]39'24'' N; long. 116[deg]29'19'' 
W; to lat. 34[deg]36'00'' N; long. 116[deg]28'03'' W; to lat. 
34[deg]31'30'' N; long. 116[deg]26'48'' W; to lat. 34[deg]30'00'' N; 
long. 116[deg]26'23'' W; to lat. 34[deg]21'35'' N; long. 
116[deg]21'38'' W; to lat. 34[deg]19'30'' N; long. 116[deg]20'29'' 
W; to lat. 34[deg]17'38'' N; long. 116[deg]19'19'' W; to lat. 
34[deg]22'25'' N; long. 116[deg]31'10'' W; to lat. 34[deg]34'17'' N; 
long. 116[deg]35'52'' W; to the point of beginning.
    Designated altitudes. Surface to FL 400.
    Time of designation. Intermittent by NOTAM during the period 
from August 1 to August 18, 2016.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center (ARTCC).
    Using agency. Commanding General, Marine Corps Air Ground Combat 
Center (MCAGCC), Twentynine Palms, CA.

R-2509W Twentynine Palms, CA [New]

    Boundaries. Beginning at lat. 34[deg]35'03'' N., long. 
116[deg]36'10'' W.; to lat. 34[deg]34'17'' N., long. 116[deg]35'52'' 
W.; to lat. 34[deg]22'25'' N., long. 116[deg]31'10'' W.; to lat. 
34[deg]26'57'' N., long. 116[deg]42'51'' W.; to lat. 34[deg]29'44'' 
N., long. 116[deg]42'51'' W.; to the point of beginning.
     Designated altitudes. Surface to 8,000 feet MSL.
     Time of designation. Intermittent by NOTAM during the period 
from August 1 to August 18, 2016.
     Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center (ARTCC).
     Using agency. Commanding General, Marine Corps Air Ground 
Combat Center (MCAGCC), Twentynine Palms, CA.

 R-2509N Twentynine Palms, CA [New]

     Boundaries. Beginning at lat. 34[deg]35'03'' N., long. 
116[deg]36'10'' W.; to lat. 34[deg]40'30'' N., long. 116[deg]29'43'' 
W.; to lat. 34[deg]34'17'' N., long. 116[deg]35'52'' W.; to the 
point of beginning.
    Designated altitudes. Surface to 16,000 feet MSL.
    Time of designation. Intermittent by NOTAM during the period 
from August 1 to August 18, 2016.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center (ARTCC).
    Using agency. Commanding General, Marine Corps Air Ground Combat 
Center (MCAGCC), Twentynine Palms, CA.


[[Page 17621]]


    Issued in Washington, DC, on March 24, 2016.
Gemechu Gelgelu,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-07166 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                    17619

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 81, No. 61

                                                                                                                                                                  Wednesday, March 30, 2016



                                                    This section of the FEDERAL REGISTER                    Chris Proudfoot, Proposed 29 Palms                      Commenters wishing the FAA to
                                                    contains notices to the public of the proposed          Land Acquisition/Airspace                             acknowledge receipt of their comments
                                                    issuance of rules and regulations. The                  Establishment Project MAGTFTC,                        on this action must submit with those
                                                    purpose of these notices is to give interested          MCAGCC, Bldg. 1554, Box 788104                        comments a self-addressed, stamped
                                                    persons an opportunity to participate in the            Twentynine Palms, CA 92278–8104;                      postcard on which the following
                                                    rule making prior to the adoption of the final
                                                                                                            phone: (760) 830–7926.                                statement is made: ‘‘Comments to FAA
                                                    rules.
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Docket No. FAA–2016–4282 and
                                                                                                            Jason Stahl, Airspace Policy Group,                   Airspace Docket No. 16–AWP–3.’’ The
                                                    DEPARTMENT OF TRANSPORTATION                            Office of Airspace Services, Federal                  postcard will be date/time stamped and
                                                                                                            Aviation Administration, 800                          returned to the commenter.
                                                    Federal Aviation Administration                         Independence Avenue SW.,                                All communications received on or
                                                                                                            Washington, DC 20591; telephone: (202)                before the specified closing date for
                                                    14 CFR Part 73                                          267–8783.                                             comments will be considered before
                                                                                                                                                                  taking action on the proposed rule. The
                                                    [Docket No. FAA–2016–4282; Airspace                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  proposal contained in this action may
                                                    Docket No. 16–AWP–3]
                                                                                                            Authority for This Rulemaking                         be changed in light of comments
                                                    RIN 2120–AA66
                                                                                                              The FAA’s authority to issue rules                  received. All comments submitted will
                                                                                                            regarding aviation safety is found in                 be available for examination in the
                                                    Proposed Establishment of Temporary                                                                           public docket both before and after the
                                                    Restricted Areas R–2509E, R–2509W,                      Title 49 of the United States Code.
                                                                                                            Subtitle I, Section 106 describes the                 closing date for comments. A report
                                                    and R–2509N; Twentynine Palms, CA                                                                             summarizing each substantive public
                                                                                                            authority of the FAA Administrator.
                                                    AGENCY: Federal Aviation                                                                                      contact with FAA personnel concerned
                                                                                                            Subtitle VII, Aviation Programs,
                                                    Administration (FAA), DOT.                                                                                    with this rulemaking will be filed in the
                                                                                                            describes in more detail the scope of the
                                                    ACTION: Notice of proposed rulemaking
                                                                                                                                                                  docket.
                                                                                                            agency’s authority.This rulemaking is
                                                    (NPRM).                                                 promulgated under the authority                       Availability of NPRMs
                                                                                                            described in Subtitle VII, Part A,                      An electronic copy of this document
                                                    SUMMARY:   This action proposes to                      Subpart I, Section 40103. Under that
                                                    establish temporary restricted areas R–                                                                       may be downloaded through the
                                                                                                            section, the FAA is charged with                      Internet at www.regulations.gov.
                                                    2509E, R–2509W, and R–2509N,
                                                                                                            prescribing regulations to assign the use               You may review the public docket
                                                    Twentynine Palms, CA, to support a
                                                                                                            of the airspace necessary to ensure the               containing the proposal, any comments
                                                    Marine Expeditionary Brigade level
                                                                                                            safety of aircraft and the efficient use of           received and any final disposition in
                                                    Large Scale Exercise (LSE) planned for
                                                                                                            airspace. This regulation is within the               person at the Dockets Office (see
                                                    existing and newly acquired training
                                                                                                            scope of that authority as it would                   ADDRESSES section for address and
                                                    lands at Marine Corps Air Ground
                                                                                                            establish the temporary restricted area               phone number) between 9:00 a.m. and
                                                    Combat Center (MCAGCC), Twentynine
                                                                                                            airspace at Twentynine Palms, CA, to                  5:00 p.m., Monday through Friday,
                                                    Palms from August 1 to August 18,
                                                                                                            enhance aviation safety and                           except Federal holidays. An informal
                                                    2016.
                                                                                                            accommodate essential United States                   docket may also be examined during
                                                    DATES: Comments must be received on                     Marine Corps training requirements.                   normal business hours at the office of
                                                    or before May 16, 2016.                                                                                       the Operations Support Group, Western
                                                    ADDRESSES: Send comments on this
                                                                                                            Comments Invited
                                                                                                                                                                  Service Center, Federal Aviation
                                                    proposal to the U.S. Department of                        Interested parties are invited to                   Administration, 1601 Lind Ave. SW.,
                                                    Transportation, Docket Operations, M–                   participate in this proposed rulemaking               Renton, WA 98057.
                                                    30, 1200 New Jersey Avenue SE., West                    by submitting such written data, views,                 Persons interested in being placed on
                                                    Building Ground Floor, Room W12–140,                    or arguments as they may desire.                      a mailing list for future NPRMs should
                                                    Washington, DC 20590–0001; telephone:                   Comments that provide the factual basis               contact the FAA’s Office of Rulemaking,
                                                    (202) 366–9826. You must identify FAA                   supporting the views and suggestions                  (202) 267–9677, for a copy of Advisory
                                                    Docket No. FAA–2016–4282 and                            presented are particularly helpful in                 Circular No. 11–2A, Notice of Proposed
                                                    Airspace Docket No. 16–AWP–3, at the                    developing reasoned regulatory                        Rulemaking Distribution System, which
                                                    beginning of your comments. You may                     decisions on the proposal. Comments                   describes the application procedure.
                                                    also submit comments through the                        are specifically invited on the overall
                                                    Internet at www.regulations.gov. You                    regulatory, aeronautical, economic,                   Background
                                                    may review the public docket                            environmental, and energy-related                       Marine Corps combat readiness
                                                    containing the proposal, any comments                   aspects of the proposal.                              depends on the continued availability of
                                                    received, and any final disposition in                    Communications should identify both                 ranges and training areas that provide
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    person in the Dockets Office between                    docket numbers (FAA Docket No. FAA–                   realistic, mission-oriented training and
                                                    9:00 a.m. and 5:00 p.m., Monday                         2016–4282 and Airspace Docket No. 16–                 exercises. Marine Corps training
                                                    through Friday, except Federal holidays.                AWP–3) and be submitted in triplicate                 proceeds on a continuum, from entry-
                                                    The Docket Office (telephone 1–800–                     to the Docket Management System (see                  level training of individual Marines in
                                                    647–5527), is on the ground floor of the                ADDRESSES section for address and                     basic military skills to large-scale
                                                    building at the above address.                          phone number). You may also submit                    exercises involving a Marine Air
                                                      Comments on environmental and land                    comments through the Internet at                      Ground Task Force (MAGTF). Currently,
                                                    use aspects to should be directed to: Mr.               www.regulations.gov.                                  the Marine Corps does not have


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                                                    17620                 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules

                                                    sufficient range space to conduct a                     days up to 16,000 feet and 16 hours per               The Proposed Amendment
                                                    Marine Expeditionary Brigade (MEB)                      day for 6 days up to FL220.                             In consideration of the foregoing, the
                                                    level live fire exercise. Through careful                 The lateral boundaries of the                       Federal Aviation Administration
                                                    analysis and a series of studies,                       proposed areas would be as follows:                   proposes to amend 14 CFR part 73 as
                                                    MCAGCC Twentynine Palms was                                                                                   follows:
                                                    identified as the only Marine Corps                       Temporary R–2509E—Beginning at lat.
                                                                                                            34°40′30″ N., long. 116°29′43″ W.; to lat.
                                                    installation capable of expansion to the                                                                      PART 73—SPECIAL USE AIRSPACE
                                                                                                            34°39′24″ N., long. 116°29′19″ W.; to lat.
                                                    dimensions required to support this                     34°36′00″ N., long. 116°28′03″ W.; to lat.
                                                    level of exercise. Acquisition of new                                                                         ■ 1. The authority citation for part 73
                                                                                                            34°31′30″ N., long. 116°26′48″ W.; to lat.
                                                    lands without the requisite special use                 34°30′00″ N., long. 116°26′23″ W.; to lat.
                                                                                                                                                                  continues to read as follows:
                                                    airspace (SUA) would not allow for the                  34°21′35″ N., long. 116°21′38″ W.; to lat.              Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                    training events required to successfully                34°19′30″ N., long. 116°20′29″ W.; to lat.            40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                    execute this essential exercise.                        34°17′38″ N., long. 116°19′19″ W.; to lat.            1959–1963 Comp., p. 389.
                                                    Consequently, a new restricted area,                    34°22′25″ N., long. 116°31′10″ W.; to lat.
                                                                                                            34°34′17″ N., long. 116°35′52″ W.; to the             § 73.25    California (Amended)
                                                    military operations areas (MOA) and air
                                                    traffic control-assigned airspace are                   point of beginning.                                   ■ 2. § 73.25 is amended as follows:
                                                    being developed as a critical element of                  Temporary R–2509W—Beginning at lat.                 *     *     *     *   *
                                                    the required expansion to support large                 34°35′03″ N., long. 116°36′10″ W.; to lat.
                                                                                                            34°34′17″ N., long. 116°35′52″ W.; to lat.            R–2509E Twentynine Palms, CA [New]
                                                    scale MEB level exercises and those                     34°22′25″ N., long. 116°31′10″ W.; to lat.              Boundaries. Beginning at lat. 34°40′30″ N;
                                                    supporting building block training                      34°26′57″ N., long. 116°42′51″ W.; to lat.            long. 116°29′43″ W; to lat. 34°39′24″ N; long.
                                                    events. A prior proposal for permanent                  34°29′44″ N., long. 116°42′51″ W.; to the             116°29′19″ W; to lat. 34°36′00″ N; long.
                                                    SUA received a non-concurrence from                     point of beginning.                                   116°28′03″ W; to lat. 34°31′30″ N; long.
                                                    LA Center and will not be available to                    Temporary R–2509N—Beginning at lat.                 116°26′48″ W; to lat. 34°30′00″ N; long.
                                                    support the first Large Scale Exercise on               34°35′03″ N., long. 116°36′10″ W.; to lat.            116°26′23″ W; to lat. 34°21′35″ N; long.
                                                    new Twentynine Palms lands planned                      34°40′30″ N., long. 116°29′43″ W.; to lat.            116°21′38″ W; to lat. 34°19′30″ N; long.
                                                    for August 1 to August 18, 2016. The                    34°34′17″ N., long. 116°35′52″ W.; to the             116°20′29″ W; to lat. 34°17′38″ N; long.
                                                                                                            point of beginning.                                   116°19′19″ W; to lat. 34°22′25″ N; long.
                                                    establishment of temporary restricted                                                                         116°31′10″ W; to lat. 34°34′17″ N; long.
                                                    area R–2509E, W, and N, will                                                                                  116°35′52″ W; to the point of beginning.
                                                                                                              These temporary restricted areas
                                                    substantially enhance both the                                                                                  Designated altitudes. Surface to FL 400.
                                                                                                            would automatically expire on August
                                                    capability and capacity of the MCAGCC                                                                           Time of designation. Intermittent by
                                                                                                            18, 2016.
                                                    Twentynine Palms Range and Training                                                                           NOTAM during the period from August 1 to
                                                    Areas (RTA) to conduct required                         Regulatory Notices and Analyses                       August 18, 2016.
                                                    training for a MEB large scale exercise.                                                                        Controlling agency. FAA, Los Angeles Air
                                                                                                              The FAA has determined that this                    Route Traffic Control Center (ARTCC).
                                                    The Proposal                                            proposed regulation only involves an                    Using agency. Commanding General,
                                                                                                            established body of technical                         Marine Corps Air Ground Combat Center
                                                       This proposal would establish new                                                                          (MCAGCC), Twentynine Palms, CA.
                                                    temporary restricted areas R–2509E, R–                  regulations for which frequent and
                                                    2509W, and R–2509N for the period                       routine amendments are necessary to                   R–2509W Twentynine Palms, CA [New]
                                                    from August 1 to August 18, 2016, to                    keep them operationally current. It,                    Boundaries. Beginning at lat. 34°35′03″ N.,
                                                    accommodate live fire from pistols,                     therefore: (1) Is not a ‘‘significant                 long. 116°36′10″ W.; to lat. 34°34′17″ N.,
                                                    rifles, machine guns, anti-tank weapons,                regulatory action’’ under Executive                   long. 116°35′52″ W.; to lat. 34°22′25″ N.,
                                                                                                            Order 12866; (2) is not a ‘‘significant               long. 116°31′10″ W.; to lat. 34°26′57″ N.,
                                                    mortars, artillery, Unmanned Aircraft                                                                         long. 116°42′51″ W.; to lat. 34°29′44″ N.,
                                                    Systems, fixed wing, and rotary wing                    rule’’ under Department of
                                                                                                                                                                  long. 116°42′51″ W.; to the point of
                                                    training activities including close air                 Transportation (DOT) Regulatory
                                                                                                                                                                  beginning.
                                                    support and live ordnance delivery.                     Policies and Procedures (44 FR 11034;                   Designated altitudes. Surface to 8,000 feet
                                                    This proposed temporary restricted area                 February 26, 1979); and (3) does not                  MSL.
                                                    is required to effectively deconflict                   warrant preparation of a regulatory                     Time of designation. Intermittent by
                                                    Department of Defense and civilian air                  evaluation as the anticipated impact is               NOTAM during the period from August 1 to
                                                    traffic from hazards associated with live               so minimal. Since this is a routine                   August 18, 2016.
                                                                                                            matter that will only affect air traffic                Controlling agency. FAA, Los Angeles Air
                                                    fire training.                                                                                                Route Traffic Control Center (ARTCC).
                                                       Maximum altitudes within the R–                      procedures and air navigation, it is
                                                                                                                                                                    Using agency. Commanding General,
                                                    2509E would be Flight Level (FL) 400,                   certified that this proposed rule, when
                                                                                                                                                                  Marine Corps Air Ground Combat Center
                                                    however, impacts mitigation were                        promulgated, will not have a significant              (MCAGCC), Twentynine Palms, CA.
                                                    coordinated with Los Angeles Air Route                  economic impact on a substantial
                                                                                                            number of small entities under the                    R–2509N Twentynine Palms, CA [New]
                                                    Traffic Control Center and will be
                                                    implemented to include limiting higher                  criteria of the Regulatory Flexibility Act.             Boundaries. Beginning at lat. 34°35′03″ N.,
                                                                                                                                                                  long. 116°36′10″ W.; to lat. 34°40′30″ N.,
                                                    airspace activations above FL220 to only                Environmental Review                                  long. 116°29′43″ W.; to lat. 34°34′17″ N.,
                                                    2 hours for 2 days of the exercise. R–                                                                        long. 116°35′52″ W.; to the point of
                                                    2509W would have a ceiling of 8,000                        This proposal will be subjected to an              beginning.
                                                    feet MSL and R–2509N would have a                       environmental analysis in accordance                    Designated altitudes. Surface to 16,000 feet
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                                                    ceiling of 16,000 feet MSL. Supersonic                  with FAA Order 1050.1E,                               MSL.
                                                    flight will not be conducted as part of                 ‘‘Environmental Impacts: Policies and                   Time of designation. Intermittent by
                                                    the above aviation training activities.                 Procedures,’’ prior to any FAA final                  NOTAM during the period from August 1 to
                                                                                                            regulatory action.                                    August 18, 2016.
                                                       The times of use would be by                                                                                 Controlling agency. FAA, Los Angeles Air
                                                    NOTAM, and activations of R–2509E                       List of Subjects in 14 CFR Part 73                    Route Traffic Control Center (ARTCC).
                                                    above FL220 would have the NOTAM                                                                                Using agency. Commanding General,
                                                    issued 48 hours in advance. Expected                      Airspace, Prohibited areas, Restricted              Marine Corps Air Ground Combat Center
                                                    usage would be 12 hours per day for 10                  areas.                                                (MCAGCC), Twentynine Palms, CA.



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                                                                          Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules                                            17621

                                                      Issued in Washington, DC, on March 24,                Executive Summary                                     FR+PR+N+O+SR;rpp=10;po=0;D=DOD-
                                                    2016.                                                                                                         2011-OS-0036.
                                                                                                            I. Purpose of This Regulatory Action
                                                    Gemechu Gelgelu,                                                                                                Administrative Procedure Act: The
                                                    Acting Manager, Airspace Policy Group.                     The purpose of this rule is to provide             Air Force has determined that the
                                                    [FR Doc. 2016–07166 Filed 3–29–16; 8:45 am]             the public with information necessary to              Administrative Procedure Act, 5 U.S.C.
                                                    BILLING CODE 4910–13–P                                  file a claim against the United States Air            553, requires notice of proposed
                                                                                                            Force for money damages and to notify                 rulemaking and an opportunity for
                                                                                                            the public of the procedures used to                  public participation in connection with
                                                                                                            collect money from the public for                     these correction amendments and
                                                    DEPARTMENT OF DEFENSE                                   damages to property under the control                 deletions. In this regard, the Air Force
                                                                                                            of the United States Air Force.                       notes that such notice and opportunity
                                                    Department of the Air Force
                                                                                                            Additionally, it is to provide the public             for comment is necessary because these
                                                                                                            with information about proposed                       correction amendments and deletions
                                                    32 CFR Part 842
                                                                                                            changes and deletions concerning the                  are not related solely to interpretative
                                                    [Docket ID: USAF–2015–0003]                             settlement and payment of claims under                rules, general statements of policy, rules
                                                                                                            the Military Personnel and Civilian                   of agency organization, procedure, or
                                                    RIN 0701–AA79                                           Employee’s Claims Act for incident to                 practice, nor is there good cause to find
                                                                                                            service loss and damage to personal                   that notice and public procedure
                                                    Administrative Claims                                   property.                                             thereon are impracticable, unnecessary
                                                    AGENCY:    Department of the Air Force,                                                                       or contrary to the public interest.
                                                                                                            II. Summary of the Major Provisions of
                                                    DoD.                                                    This Regulatory Action                                Regulatory Procedures
                                                    ACTION:   Proposed rule.                                                                                      Executive Order 12866, ‘‘Regulatory
                                                                                                              This part describes the process and
                                                    SUMMARY:    This rule contains                          procedures by which claims against the                Planning and Review’’ and Executive
                                                    amendments for policy changes and                       Air Force will be addressed, including                Order 13563, ‘‘Improving Regulation
                                                    clarification and deletions for the Air                 who are proper claimants, how, where                  and Regulatory Review’’
                                                    Force guidance on Administrative                        and when to file a claim, what claims                    Executive Orders 13563 and 12866
                                                    claims and Personnel and Carrier                        are payable, how the Air Force will                   direct agencies to assess all costs and
                                                    Recovery Claims. The rule relates to the                adjudicate claims and how to appeal                   benefits of available regulatory
                                                    Air Force processes for claims filed for                unfavorable decisions. It also describes              alternatives and, if regulation is
                                                    and against the Air Force as well as Air                the process the Air Force will use for                necessary, to select regulatory
                                                    Force processes for filing personnel and                asserting claims against persons who                  approaches that maximize net benefits
                                                    carrier recovery claims.                                damage Air Force property.                            (including potential economic,
                                                    DATES: Comments must be received by                       Changes: This part has been                         environmental, public health and safety
                                                    May 31, 2016.                                           substantially revised and should be                   effects, distribute impacts, and equity).
                                                                                                            reviewed in its entirety to determine the             Executive Order 13563 emphasizes the
                                                    ADDRESSES: You may submit comments,
                                                                                                            changes made.                                         importance of quantifying both costs
                                                    identified by docket number and/or                                                                            and benefits, of reducing costs, of
                                                    Regulatory Information Number (RIN)                       Deletions: This part has been
                                                                                                            substantially revised and should be                   harmonizing rules, and of promoting
                                                    and title, by any of the following                                                                            flexibility. The Department of Air Force
                                                    methods:                                                reviewed in its entirety to determine the
                                                                                                                                                                  has assessed this rule and determined
                                                      • Federal Rulemaking Portal: http://                  deletions made.
                                                                                                                                                                  this rule to be a ‘‘non-significant
                                                    www.regulations.gov. Follow the                         III. Costs and Benefits                               regulatory action.’’
                                                    instructions for submitting comments.
                                                      • Mail: Department of Defense, Office                   The regulations contained herein                    Unfunded Mandates Reform Act (Sec.
                                                    of the Deputy Chief Management                          require the public who wish to file a                 202, Pub. L. 104–4)
                                                    Officer, Directorate of Oversight and                   claim against the Air Force to                           Section 202 of the Unfunded
                                                    Compliance, Regulatory and Audit                        substantiate their loss, which may result             Mandates Reform Act of 1995 (UMRA)
                                                    Matters Office, 9010 Defense Pentagon,                  in minor or incidental costs to the                   (Pub. L. 104–4) requires agencies assess
                                                    Washington, DC 20301–9010.                              claimant. Revised regulations pertaining              anticipated costs and benefits before
                                                       Instructions: All submissions received               to how the Air Force asserts claims for               issuing any rule whose mandates
                                                    must include the agency name and                        damage to Air Force property may result               require spending in any 1 year of $100
                                                    docket number or RIN for this Federal                   in increased costs to those who cause                 million in 1995 dollars, updated
                                                    Register document. The general policy                   said damage. The benefits of these                    annually for inflation. In 2014, that
                                                    for comments and other submissions                      regulations include increased safeguards              threshold is approximately $141
                                                    from members of the public is to make                   to ensure public funds are not expended               million. This rule will not mandate any
                                                    these submissions available for public                  for fraudulent claims and to ensure the               requirements for State, local, or tribal
                                                    viewing on the Internet at http://                      U.S. government receives adequate                     governments, nor will it affect private
                                                    www.regulations.gov as they are                         compensation for damages to its                       sector costs.
                                                    received without change, including any                  property wrongfully caused by others.
                                                                                                                                                                  Public Law 96–354, ‘‘Regulatory
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                                                    personal identifiers or contact                         Retrospective Review                                  Flexibility Act’’ (5 U.S.C. 601)
                                                    information.
                                                                                                               This rule is part of DoD’s                            It has been certified that this rule is
                                                    FOR FURTHER INFORMATION CONTACT:    Mr.                 retrospective plan, completed in August               not subject to the Regulatory Flexibility
                                                    Daniel Lemieux (AFLOA/JACC), 1500                       2011, under Executive Order 13563,                    Act (5 U.S.C. 601) because it would not,
                                                    West Perimeter Rd, Ste 1700, Joint Base                 ‘‘Improving Regulation and Regulatory                 if promulgated, have a significant
                                                    Andrews, MD 20762, (240) 612–4646,                      Review,’’ DoD’s full plan and updates                 economic impact on a substantial
                                                    daniel.g.lemieux.civ@mail.mil.                          can be accessed at: http://www.                       number of small entities. Therefore, the
                                                    SUPPLEMENTARY INFORMATION:                              regulations.gov/#!docketDetail;dct=                   Regulatory Flexibility Act, as amended,


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Document Created: 2016-03-30 09:28:54
Document Modified: 2016-03-30 09:28:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesComments must be received on or before May 16, 2016.
ContactJason Stahl, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation81 FR 17619 
RIN Number2120-AA66
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas

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