81 FR 79998 - Establishment of and Modification to Restricted Areas; Fort Sill, OK
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 220 (November 15, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 220 (November 15, 2016)
| Page Range | 79998-80002 | |
| FR Document | 2016-27441 |
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)] [Rules and Regulations] [Pages 79998-80002] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27441] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2015-3680; Airspace Docket No. 13-ASW-15] RIN 2120-AA66 Establishment of and Modification to Restricted Areas; Fort Sill, OK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action establishes 2 new restricted areas (R-5601G and R- 5601H) to the special use airspace (SUA) complex located at Fort Sill, OK, to provide additional maneuvering airspace for current and planned hazardous training activities. Specifically, the restricted areas provide participating fighter and bomber aircraft with non-eye safe laser firing and maneuvering airspace when training at the Falcon Bombing Range contained in R-5601C, the West Range Target Area contained in R-5601B, or the East Range Target Area contained in R- 5601A. Additionally, the using agency information for all Fort Sill restricted areas is updated for standardization and to reflect the current organization. This action also updates a number of geographic coordinates for R-5601A-E, G, and H as a result of more accurate digital charting capabilities, updates the arc radius distance in R- 5601B and R-5601H from statute miles to nautical miles (NM), and corrects the controlling agency information for R-5601H. This action ensures realistic U.S. Army training on current tactics for employing hazardous targeting laser systems and weapons capabilities at longer ranges from the target area. DATES: Effective date 0901 UTC, March 2, 2017. FOR FURTHER INFORMATION CONTACT: Colby Abbott, 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 restructures the restricted airspace at Fort Sill, OK, enhancing safety and accommodating essential military training. History On October 19, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) (80 FR 63153), Docket No. FAA- 2015-3680, to establish two restricted areas and amend using agency information for six other restricted areas designated to support hazardous training activities conducted within the Fort Sill, OK, special use airspace (SUA) complex. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. One comment from the Aircraft Owners and Pilots Association (AOPA) was received. Discussion of Comments In their response to the NPRM, AOPA raised several substantive issues. AOPA contended the proposed airspace design would have a negative impact on general aviation aircraft and offered the following recommendations to mitigate the negative effects: consider other types of SUA before establishing additional restricted areas; change the ceiling of R-5601G so it aligns with the Minimum Enroute Altitude (MEA) of V-436; if [[Page 79999]] unable to change the ceiling altitude, update the enroute charts to show V-436 penetrates R-5601G; reduce the northern boundary of V-436 to provide additional lateral spacing from V-436; and synchronize the effective date of any new restricted areas to coincide with sectional chart dates. Having considered the issues and recommendations provided by AOPA, the FAA offers the following responses. Consider Other Types of Special Use Airspace (SUA) Before Enacting a Restricted Area The purpose of a restricted area is to confine or segregate activities considered hazardous to nonparticipating aircraft. The FAA recognizes that R-5601G and H, when activated, would restrict access by non-participating aircraft. As noted in the NPRM, the U.S. Army requested this action to allow realistic training on current tactics developed and refined during recent combat operation for employing hazardous (non-eye safe) combat targeting laser systems and weapons capabilities at longer ranges from the target area. It was also noted that there was no alternative SUA complex within 200 NM where combat lasers could be employed that would support this aircrew training requirement. Therefore, the FAA has determined restricted area airspace is the appropriate SUA solution for conducting the hazardous activities associated with the U.S. Army's training requirement. Reduce the Maximum Altitude of R-5601 To Align With the Minimum Enroute Altitude of VHF Omnidirectional Range (VOR) Federal Airway V-436 This recommendation would drop the ceiling of R-5601G from ``to but not including 8,000 feet MSL'' to 5,400 feet MSL. Such a lowered ceiling would prevent laser employment at ranges beyond 10 miles due to graze angle restrictions and result in loss of the increased standoff ranges proposed for realistic aircrew combat training. Additionally, the western portion of R-5601G overlies the Wichita Mountains National Wildlife Refuge. As mitigation to adverse effects when R-5601F was established in 2007, the Army agreed to restrict flights below 5,500 feet MSL over the Wildlife Refuge. Observing this local flight restriction to not overfly the Wildlife Refuge below 5,500 feet MSL and AOPA's recommended restricted area ceiling of 5,400 feet MSL would actually result in no available restricted area airspace over the Wichita Mountains National Wildlife Refuge and compression of the remaining portions of R-5601G to the point that the restricted area would not meet the military's training requirements any longer. The FAA does not support lowering the R-5601G ceiling as recommended. The R-5601G boundaries description information in the regulatory text is being amended to reflect the U.S. Army's local flight restriction to not overfly the Wichita Mountains National Wildlife Refuge below 5,500 feet MSL and match the corresponding flight restriction documented in the R-5601F legal description and on the applicable aeronautical charts. If Unable To Reduce the Ceiling of R-5601G, Update the Enroute Charts To Show V-436 Penetrates an Established Restricted Area It is common practice for the FAA to depict Air Traffic Service (ATS) Routes and SUA areas on IFR and VFR aeronautical charts in accordance with established charting standards. Additionally, SUA times are published in a tab on the associated IFR and VFR charts to identify the SUA times of use. As such, V-436 will be charted on the IFR enroute charts, depicting it running through R-5601G and the R-5601 times of use will be published on the associated charts. Truncate the Northern Boundary of R-5601G To Preserve V-436 Through Lateral Separation The FAA acknowledges that amending the proposed R-5601G northern boundary to provide a 4 NM buffer from the V-436 centerline would allow unimpeded use of the airway when the restricted area is active. However, this recommendation reduces the north-south lateral dimension of R-5601G by approximately 7 NM at its northeast corner. One of the stated purposes of this action, as noted in the NPRM, was to allow realistic training on current tactics developed during recent combat operation for employing hazardous targeting laser systems and weapons capabilities at longer ranges from the target area. Modern rangefinder and laser designators can be employed at ranges out to 25 NM. As proposed, the distance from the target arrays in R-5601C (Falcon Range) to the northeast corner of R-5601G is approximately 22 NM and the distance from the targets in R-5601B to the proposed northeast corner is approximately 17 NM. Amending the R-5601G northern boundary as recommended by AOPA would reduce these distances to 17 NM and 12 NM, respectively. As such, the FAA does not support this recommendation since the reduced distances to the target areas would be inadequate for the military to conduct realistic training on current tactics employing targeting laser systems and weapons systems at longer ranges. Synchronize the Effective Date of Any New Restricted Areas To Coincide With Sectional Chart Dates The FAA normally makes regulatory airspace actions, including restricted areas, effective on a 56-day enroute chart date; however, consideration is given to selecting a sectional aeronautical chart date when deemed appropriate based on the potential aeronautical impacts associated with the airspace action being taken. This action is being made effective on a sectional chart date that matches the 56-day enroute chart dates. Differences From the NPRM Subsequent to publication of the NPRM, the FAA identified a number of geographic lat./long. coordinate updates to the R-5601A-E, G, and H boundaries information to more accurately reflect the existing boundaries using digital charting capabilities. Additionally, the arc radius distance listed in the R-5601B and R-5601H descriptions was determined to be described using statute miles and is being updated to reflect the corresponding nautical mile distance. Finally, the R-5601H controlling agency title proposed in the NPRM did not match the controlling agency title for the other R-5601 complex restricted areas and is being updated to match. The using agency, controlling agency, and boundaries updates are administrative in nature and do not affect the overall restricted area boundaries; designated altitudes; times of designation; or activities conducted within those restricted areas. The following restricted area updates are incorporated in this action. The geographical lat./long. coordinates for the points located on Interstate Highway 44 (I-44) listed in the R-5601A and R-5601B descriptions, and a corresponding point listed in the R-5601H description, are actually located west of I-44. The geographical coordinates are updated to accurately reflect the points on I-44. The 3-mile arc radius distance listed in the existing R-5601B and proposed R-5601H descriptions is not clear that it is defined in reference to statute miles. The 3-mile [statute miles] arc radius is updated to reflect it as 2.6 NM to retain the boundary, unchanged, and comply with FAA Order JO 7400.2, Procedures for Handling Airspace Matters, guidance. [[Page 80000]] The geographical lat./long. coordinates listed for the eastern-most point located on the 2.6 NM arc radius (formerly 3-mile arc radius as noted above) in the existing R-5601B and proposed R-5601H descriptions is actually located north of the arc. The geographical coordinates are updated to accurately reflect the point on the 2.6 NM arc. The geographical lat./long. coordinates listed for the northern boundary point located on Oklahoma State Highway No. 115 in the R-5601B and R-5601C descriptions, and the corresponding point listed in the R- 5601D description, is actually located east of the highway. The geographical coordinates are updated to accurately reflect the point on Oklahoma State Highway No. 115. The geographical lat./long. coordinates for one point listed in the R-5601E description does not match the geographical coordinates for the corresponding point listed in the R-5601B and R-5601C descriptions. The geographical coordinates for the point are updated to match the information published in the R-5601B and R-5601C descriptions. The geographical lat./long. coordinates for the first point listed in the R-5601G description does not create a shared boundary with R- 5601F and results in a gap between the two restricted areas. The geographical lat./long. coordinates for the point are updated to ensure a shared R-5601F and R-5601G boundary. The controlling agency information listed in the R-5601H description does not match the controlling agency information verbatim in all the other R-5601 restricted areas. The controlling agency information is updated to standardize the information in all R-5601 restricted areas. The Rule The FAA is amending 14 CFR part 73 to establish 2 new restricted areas (R-5601G and R-5601H) at Fort Sill, OK, and update the using agency information listed for the existing restricted areas (R-5601A-F) as noted in the NPRM. The FAA is also incorporating the restricted area updates noted in the Differences from the NPRM section. The FAA is taking this action to ensure containment of the hazardous activities associated with aircrew training missions that are incorporating non- eye safe targeting laser employment and weapons delivery tactics used by the military today, at increased distances from the target range, within restricted area airspace. The amendments are as follows: R-5601A: The geographic coordinates ``lat. 34[deg]40'47'' N., long. 98[deg]23'09'' W.,'' in the boundaries description are changed to ``lat. 34[deg]40'47'' N., long. 98[deg]23'07'' W.,'' and the geographic coordinates ``lat. 34[deg]43'30'' N., long. 98[deg]24'01'' W.,'' are changed to ``lat. 34[deg]43'30'' N., long. 98[deg]23'59'' W.,'' to coincide with I-44. R-5601B: The geographic coordinates ``lat. 34[deg]40'47'' N., long. 98[deg]23'09'' W.,'' in the boundaries description are changed to ``lat. 34[deg]40'47'' N., long. 98[deg]23'07'' W.,'' and the geographic coordinates ``lat. 34[deg]43'30'' N., long. 98[deg]24'01'' W.,'' are changed to ``lat. 34[deg]43'30'' N., long. 98[deg]23'59'' W.,'' to coincide with I-44. Additionally, the geographic coordinates ``lat. 34[deg]40'54'' N., long. 98[deg]37'54'' W.,'' are changed to ``lat. 34[deg]40'54'' N., long. 98[deg]37'56'' W.,'' to coincide with Oklahoma State Highway No. 115. Lastly, the arc radius ``3-mile'' is changed to ``2.6 NM'' to retain the existing boundary defined in terms of NM and the geographic coordinates ``lat. 34[deg]40'12'' N., long. 98[deg]26'18'' W.,'' are changed to ``lat. 34[deg]40'11'' N., long. 98[deg]26'18'' W.,'' to coincide with the 2.6 NM arc radius. R-5601C: The geographic coordinates ``lat. 34[deg]40'54'' N., long. 98[deg]37'54'' W.,'' in the boundaries description are changed to ``lat. 34[deg]40'54'' N., long. 98[deg]37'156'' W.,'' to coincide with Oklahoma State Highway No. 115. R-5601D: The geographic coordinates ``lat. 34[deg]40'54'' N., long. 98[deg]37'54'' W.,'' in the boundaries description are changed to ``lat. 34[deg]40'54'' N., long. 98[deg]37'56'' W.,'' to coincide with Oklahoma State Highway No. 115. R-5601E: The geographic coordinates ``lat. 34[deg]38'15'' N., long. 98[deg]37'58'' W.,'' in the boundaries description are changed to ``lat. 34[deg]38'15'' N., long. 98[deg]37'57'' W.,'' to match the corresponding point in R-5601B and R-5601C. R-5601G: Establish R-5601G to abut the northern boundary of R- 5601F, to the north, underlying the Washita MOA. The new restricted area extends upward from 500 feet above ground level (AGL) to, but not including 8,000 feet MSL; excluding the airspace below 5,500 feet MSL over the Wichita Mountains National Wildlife Refuge, as noted in the Discussion of Comments section. R-5601G extends laterally across approximately three quarters of the restricted area complex, west to east, and northward between 5 NM to 11 NM along the northern boundary of R-5601F. Additionally, the geographic coordinates ``lat. 34[deg]46'07'' N., long. 98[deg]25'50'' W.,'' in the proposed boundaries description are changed to ``lat. 34[deg]46'03'' N., long. 98[deg]25'50'' W.,'' to ensure a shared boundary with R-5601F. Lastly, the controlling agency ``FAA, Fort Worth Center'' is changed to ``FAA, Fort Worth ARTCC.'' R-5601H: Establish R-5601H to fill a small airspace area over Fort Sill Army Post, OK, surrounded by two continuously active restricted areas (R-5601A and R-5601B). The new restricted area extends upward from the surface to FL400. Additionally, the geographic coordinates ``lat. 34[deg]40'47'' N., long. 98[deg]23'09'' W.,'' in the proposed boundaries description are changed to ``lat. 34[deg]40'47'' N., long. 98[deg]23'07'' W.,'' to match the corresponding point in R-5601A. Lastly, the arc radius ``3-mile'' is changed to ``2.6 NM'' to retain the existing boundary defined in terms of NM and the geographic coordinates ``lat. 34[deg]40'12'' N., long. 98[deg]26'18'' W.,'' are changed to ``lat. 34[deg]40'11'' N., long. 98[deg]26'18'' W.,'' to coincide with the 2.6 NM arc radius. The two new restricted areas allow participating aircraft to maneuver within the current Fort Sill Approach Control Airspace and contain the hazardous combat laser energy within restricted airspace. As noted in the NPRM, R-5601G will be used for aircraft maneuvering and combat laser targeting employment and R-5601H will be used for aircraft conducting Close Air Support (CAS) training. There are no changes to the existing pattern of firing, ordnance delivery runs, or weapons impact areas and all weapons release continue to occur in R-5601A, R- 5601B, or R-5601C, as they are now. Further, no supersonic flight will occur. This action also changes the using agency information ``U.S. Army, Commanding General, Fort Sill, OK,'' listed for R-5601A-E to ``U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK'' and the using agency ``Commanding General, United States Army Field Artillery Center (USAFACFS), Fort Sill, OK,'' listed for R-5601F is changed to ``U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK.'' These changes reflect the current organizational responsibilities and match the using agency information published in R-5601G and R-5601H. The boundaries, designated altitudes, times of designation, and controlling agency information for restricted areas R-5601A-F are not changed by this action. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which [[Page 80001]] frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ``significant regulatory action''under Executive Order 12866; (2) is not a ``significant rule''under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review In accordance with FAA Order 1050.1F, paragraphs 6-3.c and 8-2, the FAA has conducted an independent evaluation of the U.S. Army's Final Environmental Assessment (EA) for the Creation of Restricted Areas (RAs) R-5601G and R-5601H. The FAA determined that no significant impacts would occur as a result of the Federal action and therefore, preparation of an Environmental Impact Statement is not warranted and a Finding of No Significant Impact in accordance with 40 CFR 1501.4(e) is appropriate. Subsequently, and in accordance with 40 CFR 1506.3, the FAA adopted the U.S. Army's final EA and prepared a Finding of No Significant Impact/Record of Decision dated November 7, 2016. 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. 73.56 [Amended] 0 2. Section 73.56 is amended as follows: R-5601A Fort Sill, OK [Amended] By removing the current boundaries and using agency information and substituting the following: Boundaries. Beginning at lat. 34[deg]38'15'' N., long. 98[deg]17'01'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]20'56'' W.; to lat. 34[deg]38'30'' N., long. 98[deg]21'41'' W.; to lat. 34[deg]38'50'' N., long. 98[deg]22'06'' W.; to lat. 34[deg]39'53'' N., long. 98[deg]22'16'' W.; to lat. 34[deg]40'47'' N., long. 98[deg]23'07'' W.; thence north along the western edge of Interstate Highway 44 to lat. 34[deg]43'30'' N., long. 98[deg]23'59'' W.; to lat. 34[deg]43'30'' N., long. 98[deg]21'21'' W.; to lat. 34[deg]43'45'' N., long. 98[deg]21'01'' W.; to lat. 34[deg]46'06'' N., long. 98[deg]21'01'' W.; to lat. 34[deg]46'06'' N., long. 98[deg]17'01'' W.; to the point of beginning. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. R-5601B Fort Sill, OK [Amended] By removing the current boundaries and using agency information and substituting the following: Boundaries. Beginning at lat. 34[deg]40'47'' N., long. 98[deg]23'07'' W.; thence counterclockwise along an arc, 2.6 NM radius centered at lat. 34[deg]38'18'' N., long. 98[deg]24'07'' W.; to lat. 34[deg]40'11'' N., long. 98[deg]26'18'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]26'19'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]37'57'' W.; thence north along Oklahoma State Highway No. 115 to lat. 34[deg]40'54'' N., long. 98[deg]37'56'' W.; to lat. 34[deg]42'07'' N., long. 98[deg]37'20'' W.; to lat. 34[deg]43'21'' N., long. 98[deg]36'02'' W.; to lat. 34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]43'30'' N., long. 98[deg]23'59'' W.; thence south along the western edge of Interstate Highway 44 to the point of beginning. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. R-5601C Fort Sill, OK [Amended] By removing the current boundaries and using agency information and substituting the following: Boundaries. Beginning at lat. 34[deg]38'15'' N., long. 98[deg]37'57'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]45'21'' W.; to lat. 34[deg]41'47'' N., long. 98[deg]45'21'' W.; to lat. 34[deg]41'47'' N., long. 98[deg]44'17'' W.; to lat. 34[deg]41'21'' N., long. 98[deg]44'17'' W.; to lat. 34[deg]41'21'' N., long. 98[deg]40'36'' W.; to lat. 34[deg]40'54'' N., long. 98[deg]40'36'' W.; to lat. 34[deg]40'54'' N., long. 98[deg]37'56'' W.; thence south along Oklahoma State Highway No. 115 to the point of beginning. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. R-5601D Fort Sill, OK [Amended] By removing the current boundaries and using agency information and substituting the following: Boundaries. Beginning at lat. 34[deg]38'15'' N., long. 98[deg]45'21'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]48'01'' W.; to lat. 34[deg]42'15'' N., long. 98[deg]50'01'' W.; to lat. 34[deg]45'00'' N., long. 98[deg]40'31'' W.; to lat. 34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]43'21'' N., long. 98[deg]36'02'' W.; to lat. 34[deg]42'07'' N., long. 98[deg]37'20'' W.; to lat. 34[deg]40'54'' N., long. 98[deg]37'56'' W.; to lat. 34[deg]40'54'' N., long. 98[deg]40'36'' W.; to lat. 34[deg]41'21'' N., long. 98[deg]40'36'' W.; to lat. 34[deg]41'21'' N., long. 98[deg]44'17'' W.; to lat. 34[deg]41'47'' N., long. 98[deg]44'17'' W.; to lat. 34[deg]41'47'' N., long. 98[deg]45'21'' W.; to the point of beginning. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. R-5601E Fort Sill, OK [Amended] By removing the current boundaries and using agency information and substituting the following: Boundaries. Beginning at lat. 34[deg]38'15'' N., long. 98[deg]37'57'' W.; to lat. 34[deg]36'00'' N., long. 98[deg]46'46'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]48'01'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]45'21'' W.; to the point of beginning. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. R-5601F Fort Sill, OK [Amended] By removing the current using agency and substituting the following: Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. R-5601G Fort Sill, OK [New] Boundaries. Beginning at lat. 34[deg]46'03'' N., long. 98[deg]25'50'' W.; to lat. 34[deg]45'03'' N., long. 98[deg]29'46'' W.; thence counterclockwise via the 46 NM arc of SPS VORTAC to lat. 34[deg]43'46'' N., long. 98[deg]49'55'' W.; to lat. 34[deg]47'00'' N., long. 98[deg]51'00'' W.; to lat. 34[deg]50'30'' N., long. 98[deg]46'02'' W.; to lat. 34[deg]57'51'' N., long. 98[deg]25'47'' W.; to the point of beginning. Excluding that airspace below 5,500 feet MSL over the Wichita Mountains National Wildlife Refuge. Designated altitudes. 500 feet AGL to, but not including, 8,000 feet MSL. Time of designation. Sunrise to 2200 local time, Monday-Friday; other times by NOTAM. Controlling agency. FAA, Fort Worth ARTCC. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. [[Page 80002]] R-5601H Fort Sill, OK [New] Boundaries. Beginning at lat. 34[deg]38'15'' N., long. 98[deg]20'56'' W.; to lat. 34[deg]38'30'' N., long. 98[deg]21'41'' W.; to lat. 34[deg]38'50'' N., long. 98[deg]22'06'' W.; to lat. 34[deg]39'53'' N., long. 98[deg]22'16'' W.; to lat. 34[deg]40'47'' N., long. 98[deg]23'07'' W.; thence counterclockwise along an arc, 2.6 NM radius centered at lat. 34[deg]38'18'' N., long. 98[deg]24'07'' W.; to lat. 34[deg]40'11'' N., long. 98[deg]26'18'' W.; to lat. 34[deg]38'15'' N., long. 98[deg]26'19'' W.; to the point of beginning. Designated altitudes. Surface to FL 400. Time of designation. By NOTAM. Controlling agency. FAA, Fort Worth ARTCC. Using agency. U.S. Army, Commanding General, U.S. Army Fires Center of Excellence (USAFCOE) and Fort Sill, Fort Sill, OK. Issued in Washington, DC, on November 8, 2016. Leslie M. Swann, Acting Manager, Airspace Policy Group. [FR Doc. 2016-27441 Filed 11-14-16; 8:45 am] BILLING CODE 4910-13-P
![79998 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations
M. Review Under the Information Subpart T—Compressors action ensures realistic U.S. Army
Quality Bulletin for Peer Review training on current tactics for employing
§ 431.341 Purpose and scope. hazardous targeting laser systems and
On December 16, 2004, OMB, in This subpart contains and energy weapons capabilities at longer ranges
consultation with the Office of Science conservation requirements for from the target area.
and Technology Policy (OSTP), issued compressors, pursuant to Part A–1 of
its Final Information Quality Bulletin DATES: Effective date 0901 UTC, March
Title III of the Energy Policy and 2, 2017.
for Peer Review (the Bulletin). 70 FR Conservation Act, as amended, 42
2664 (Jan. 14, 2005). The Bulletin FOR FURTHER INFORMATION CONTACT:
U.S.C. 6311–6317.
establishes that certain scientific Colby Abbott, Airspace Policy Group,
information shall be peer reviewed by § 431.342 Definitions concerning Office of Airspace Services, Federal
qualified specialists before it is compressors. Aviation Administration, 800
disseminated by the Federal Compressor means a machine or Independence Avenue SW.,
government, including influential apparatus that converts different types Washington, DC 20591; telephone: (202)
scientific information related to agency of energy into the potential energy of gas 267–8783.
regulatory actions. The purpose of the pressure for displacement and SUPPLEMENTARY INFORMATION:
Bulletin is to enhance the quality and compression of gaseous media to any Authority for This Rulemaking
credibility of the Government’s higher pressure values above
scientific information. DOE has atmospheric pressure and has a pressure The FAA’s authority to issue rules
determined that the analyses conducted ratio at full-load operating pressure regarding aviation safety is found in
for the regulatory action discussed in greater than 1.3. Title 49 of the United States Code.
this document do not constitute [FR Doc. 2016–26693 Filed 11–14–16; 8:45 am]
Subtitle I, Section 106 describes the
‘‘influential scientific information,’’ authority of the FAA Administrator.
BILLING CODE 6450–01–P
which the Bulletin defines as ‘‘scientific Subtitle VII, Aviation Programs,
information the agency reasonably can describes in more detail the scope of the
determine will have or does have a clear agency’s authority. This rulemaking is
and substantial impact on important DEPARTMENT OF TRANSPORTATION promulgated under the authority
public policies or private sector described in Subtitle VII, Part A,
Federal Aviation Administration
decisions.’’ 70 FR 2667 (Jan. 14, 2005). Subpart I, Section 40103. Under that
The analyses were subject to pre- section, the FAA is charged with
14 CFR Part 73
dissemination review prior to issuance prescribing regulations to assign the use
of this rulemaking. [Docket No. FAA–2015–3680; Airspace of the airspace necessary to ensure the
DOE will determine the appropriate Docket No. 13–ASW–15] safety of aircraft and the efficient use of
level of review that would apply to any airspace. This regulation is within the
RIN 2120–AA66
future rulemaking to establish energy scope of that authority as it restructures
conservation standards for compressors. Establishment of and Modification to the restricted airspace at Fort Sill, OK,
Restricted Areas; Fort Sill, OK enhancing safety and accommodating
VI. Approval of the Office of the essential military training.
Secretary AGENCY: Federal Aviation
Administration (FAA), DOT. History
The Secretary of Energy has approved
publication of this final rule. ACTION: Final rule. On October 19, 2015, the FAA
published in the Federal Register a
Issued in Washington, DC, on October 28, SUMMARY: This action establishes 2 new notice of proposed rulemaking (NPRM)
2016. restricted areas (R–5601G and R–5601H) (80 FR 63153), Docket No. FAA–2015–
David J. Friedman, to the special use airspace (SUA) 3680, to establish two restricted areas
Acting Assistant Secretary, Energy Efficiency complex located at Fort Sill, OK, to and amend using agency information for
and Renewable Energy. provide additional maneuvering six other restricted areas designated to
For the reasons stated in the airspace for current and planned support hazardous training activities
preamble, DOE amends part 431 of hazardous training activities. conducted within the Fort Sill, OK,
chapter II of Title 10, Code of Federal Specifically, the restricted areas provide special use airspace (SUA) complex.
Regulations as set forth below: participating fighter and bomber aircraft Interested parties were invited to
with non-eye safe laser firing and participate in this rulemaking effort by
PART 431—ENERGY EFFICIENCY maneuvering airspace when training at submitting written comments on the
PROGRAM FOR CERTAIN the Falcon Bombing Range contained in proposal. One comment from the
COMMERCIAL AND INDUSTRIAL R–5601C, the West Range Target Area Aircraft Owners and Pilots Association
EQUIPMENT contained in R–5601B, or the East Range (AOPA) was received.
Target Area contained in R–5601A.
■ 1. The authority citation for part 431 Additionally, the using agency Discussion of Comments
continues to read as follows: information for all Fort Sill restricted In their response to the NPRM, AOPA
Authority: 42 U.S.C. 6291–6317; 28 U.S.C. areas is updated for standardization and raised several substantive issues. AOPA
2461 note. to reflect the current organization. This contended the proposed airspace design
action also updates a number of would have a negative impact on
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■ 2. Add subpart T to part 431 to read geographic coordinates for R–5601A–E, general aviation aircraft and offered the
as follows: G, and H as a result of more accurate following recommendations to mitigate
Subpart T—Compressors digital charting capabilities, updates the the negative effects: consider other types
Sec. arc radius distance in R–5601B and R– of SUA before establishing additional
431.341 Purpose and scope. 5601H from statute miles to nautical restricted areas; change the ceiling of R–
431.342 Definitions concerning miles (NM), and corrects the controlling 5601G so it aligns with the Minimum
compressors. agency information for R–5601H. This Enroute Altitude (MEA) of V–436; if
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![Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations 79999
unable to change the ceiling altitude, compression of the remaining portions recommendation since the reduced
update the enroute charts to show V– of R–5601G to the point that the distances to the target areas would be
436 penetrates R–5601G; reduce the restricted area would not meet the inadequate for the military to conduct
northern boundary of V–436 to provide military’s training requirements any realistic training on current tactics
additional lateral spacing from V–436; longer. The FAA does not support employing targeting laser systems and
and synchronize the effective date of lowering the R–5601G ceiling as weapons systems at longer ranges.
any new restricted areas to coincide recommended.
The R–5601G boundaries description Synchronize the Effective Date of Any
with sectional chart dates.
Having considered the issues and information in the regulatory text is New Restricted Areas To Coincide With
recommendations provided by AOPA, being amended to reflect the U.S. Sectional Chart Dates
the FAA offers the following responses. Army’s local flight restriction to not The FAA normally makes regulatory
overfly the Wichita Mountains National airspace actions, including restricted
Consider Other Types of Special Use areas, effective on a 56-day enroute
Wildlife Refuge below 5,500 feet MSL
Airspace (SUA) Before Enacting a chart date; however, consideration is
and match the corresponding flight
Restricted Area given to selecting a sectional
restriction documented in the R–5601F
The purpose of a restricted area is to legal description and on the applicable aeronautical chart date when deemed
confine or segregate activities aeronautical charts. appropriate based on the potential
considered hazardous to aeronautical impacts associated with the
nonparticipating aircraft. The FAA If Unable To Reduce the Ceiling of R– airspace action being taken. This action
recognizes that R–5601G and H, when 5601G, Update the Enroute Charts To is being made effective on a sectional
activated, would restrict access by non- Show V–436 Penetrates an Established chart date that matches the 56-day
participating aircraft. As noted in the Restricted Area enroute chart dates.
NPRM, the U.S. Army requested this It is common practice for the FAA to
action to allow realistic training on depict Air Traffic Service (ATS) Routes Differences From the NPRM
current tactics developed and refined and SUA areas on IFR and VFR Subsequent to publication of the
during recent combat operation for aeronautical charts in accordance with NPRM, the FAA identified a number of
employing hazardous (non-eye safe) established charting standards. geographic lat./long. coordinate updates
combat targeting laser systems and Additionally, SUA times are published to the R–5601A–E, G, and H boundaries
weapons capabilities at longer ranges in a tab on the associated IFR and VFR information to more accurately reflect
from the target area. It was also noted charts to identify the SUA times of use. the existing boundaries using digital
that there was no alternative SUA As such, V–436 will be charted on the charting capabilities. Additionally, the
complex within 200 NM where combat IFR enroute charts, depicting it running arc radius distance listed in the R–
lasers could be employed that would through R–5601G and the R–5601 times 5601B and R–5601H descriptions was
support this aircrew training of use will be published on the determined to be described using statute
requirement. Therefore, the FAA has associated charts. miles and is being updated to reflect the
determined restricted area airspace is corresponding nautical mile distance.
Truncate the Northern Boundary of R–
the appropriate SUA solution for Finally, the R–5601H controlling agency
5601G To Preserve V–436 Through
conducting the hazardous activities title proposed in the NPRM did not
Lateral Separation
associated with the U.S. Army’s training match the controlling agency title for
requirement. The FAA acknowledges that the other R–5601 complex restricted
amending the proposed R–5601G areas and is being updated to match.
Reduce the Maximum Altitude of R– northern boundary to provide a 4 NM The using agency, controlling agency,
5601 To Align With the Minimum buffer from the V–436 centerline would and boundaries updates are
Enroute Altitude of VHF allow unimpeded use of the airway administrative in nature and do not
Omnidirectional Range (VOR) Federal when the restricted area is active. affect the overall restricted area
Airway V–436 However, this recommendation reduces boundaries; designated altitudes; times
This recommendation would drop the the north-south lateral dimension of R– of designation; or activities conducted
ceiling of R–5601G from ‘‘to but not 5601G by approximately 7 NM at its within those restricted areas. The
including 8,000 feet MSL’’ to 5,400 feet northeast corner. One of the stated following restricted area updates are
MSL. Such a lowered ceiling would purposes of this action, as noted in the incorporated in this action.
prevent laser employment at ranges NPRM, was to allow realistic training on The geographical lat./long.
beyond 10 miles due to graze angle current tactics developed during recent coordinates for the points located on
restrictions and result in loss of the combat operation for employing Interstate Highway 44 (I–44) listed in
increased standoff ranges proposed for hazardous targeting laser systems and the R–5601A and R–5601B descriptions,
realistic aircrew combat training. weapons capabilities at longer ranges and a corresponding point listed in the
Additionally, the western portion of R– from the target area. Modern rangefinder R–5601H description, are actually
5601G overlies the Wichita Mountains and laser designators can be employed located west of I–44. The geographical
National Wildlife Refuge. As mitigation at ranges out to 25 NM. As proposed, coordinates are updated to accurately
to adverse effects when R–5601F was the distance from the target arrays in R– reflect the points on I–44.
established in 2007, the Army agreed to 5601C (Falcon Range) to the northeast The 3-mile arc radius distance listed
restrict flights below 5,500 feet MSL corner of R–5601G is approximately 22 in the existing R–5601B and proposed
over the Wildlife Refuge. Observing this NM and the distance from the targets in R–5601H descriptions is not clear that it
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local flight restriction to not overfly the R–5601B to the proposed northeast is defined in reference to statute miles.
Wildlife Refuge below 5,500 feet MSL corner is approximately 17 NM. The 3-mile [statute miles] arc radius is
and AOPA’s recommended restricted Amending the R–5601G northern updated to reflect it as 2.6 NM to retain
area ceiling of 5,400 feet MSL would boundary as recommended by AOPA the boundary, unchanged, and comply
actually result in no available restricted would reduce these distances to 17 NM with FAA Order JO 7400.2, Procedures
area airspace over the Wichita and 12 NM, respectively. As such, the for Handling Airspace Matters,
Mountains National Wildlife Refuge and FAA does not support this guidance.
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![Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations 80001
frequent and routine amendments are 34°38′15″ N., long. 98°20′56″ W.; to lat. Boundaries. Beginning at lat.
necessary to keep them operationally 34°38′30″ N., long. 98°21′41″ W.; to lat. 34°38′15″ N., long. 98°45′21″ W.; to lat.
current. It, therefore: (1) Is not a 34°38′50″ N., long. 98°22′06″ W.; to lat. 34°38′15″ N., long. 98°48′01″ W.; to lat.
‘‘significant regulatory action″under 34°39′53″ N., long. 98°22′16″ W.; to lat. 34°42′15″ N., long. 98°50′01″ W.; to lat.
Executive Order 12866; (2) is not a 34°40′47″ N., long. 98°23′07″ W.; thence 34°45′00″ N., long. 98°40′31″ W.; to lat.
‘‘significant rule″under Department of north along the western edge of 34°43′30″ N., long. 98°35′40″ W.; to lat.
Transportation (DOT) Regulatory Interstate Highway 44 to lat. 34°43′30″ 34°43′21″ N., long. 98°36′02″ W.; to lat.
Policies and Procedures (44 FR 11034; N., long. 98°23′59″ W.; to lat. 34°43′30″ 34°42′07″ N., long. 98°37′20″ W.; to lat.
February 26, 1979); and (3) does not N., long. 98°21′21″ W.; to lat. 34°43′45″ 34°40′54″ N., long. 98°37′56″ W.; to lat.
warrant preparation of a regulatory N., long. 98°21′01″ W.; to lat. 34°46′06″ 34°40′54″ N., long. 98°40′36″ W.; to lat.
evaluation as the anticipated impact is N., long. 98°21′01″ W.; to lat. 34°46′06″ 34°41′21″ N., long. 98°40′36″ W.; to lat.
so minimal. Since this is a routine N., long. 98°17′01″ W.; to the point of 34°41′21″ N., long. 98°44′17″ W.; to lat.
matter that only affects air traffic beginning. 34°41′47″ N., long. 98°44′17″ W.; to lat.
procedures and air navigation, it is Using agency. U.S. Army, 34°41′47″ N., long. 98°45′21″ W.; to the
certified that this rule, when Commanding General, U.S. Army Fires point of beginning.
promulgated, does not have a significant Center of Excellence (USAFCOE) and Using agency. U.S. Army,
economic impact on a substantial Fort Sill, Fort Sill, OK. Commanding General, U.S. Army Fires
number of small entities under the Center of Excellence (USAFCOE) and
criteria of the Regulatory Flexibility Act. R–5601B Fort Sill, OK [Amended]
Fort Sill, Fort Sill, OK.
By removing the current boundaries
Environmental Review R–5601E Fort Sill, OK [Amended]
and using agency information and
In accordance with FAA Order substituting the following: By removing the current boundaries
1050.1F, paragraphs 6–3.c and 8–2, the Boundaries. Beginning at lat. and using agency information and
FAA has conducted an independent 34°40′47″ N., long. 98°23′07″ W.; thence substituting the following:
evaluation of the U.S. Army’s Final counterclockwise along an arc, 2.6 NM Boundaries. Beginning at lat.
Environmental Assessment (EA) for the radius centered at lat. 34°38′18″ N., 34°38′15″ N., long. 98°37′57″ W.; to lat.
Creation of Restricted Areas (RAs) R– long. 98°24′07″ W.; to lat. 34°40′11″ N., 34°36′00″ N., long. 98°46′46″ W.; to lat.
5601G and R–5601H. The FAA long. 98°26′18″ W.; to lat. 34°38′15″ N., 34°38′15″ N., long. 98°48′01″ W.; to lat.
determined that no significant impacts long. 98°26′19″ W.; to lat. 34°38′15″ N., 34°38′15″ N., long. 98°45′21″ W.; to the
would occur as a result of the Federal long. 98°37′57″ W.; thence north along point of beginning.
action and therefore, preparation of an Oklahoma State Highway No. 115 to lat.
Environmental Impact Statement is not Using agency. U.S. Army,
34°40′54″ N., long. 98°37′56″ W.; to lat. Commanding General, U.S. Army Fires
warranted and a Finding of No 34°42′07″ N., long. 98°37′20″ W.; to lat.
Significant Impact in accordance with Center of Excellence (USAFCOE) and
34°43′21″ N., long. 98°36′02″ W.; to lat. Fort Sill, Fort Sill, OK.
40 CFR 1501.4(e) is appropriate. 34°43′30″ N., long. 98°35′40″ W.; to lat.
Subsequently, and in accordance with 34°43′30″ N., long. 98°23′59″ W.; thence R–5601F Fort Sill, OK [Amended]
40 CFR 1506.3, the FAA adopted the south along the western edge of
U.S. Army’s final EA and prepared a By removing the current using agency
Interstate Highway 44 to the point of and substituting the following:
Finding of No Significant Impact/ beginning.
Record of Decision dated November 7, Using agency. U.S. Army,
Using agency. U.S. Army,
2016. Commanding General, U.S. Army Fires
Commanding General, U.S. Army Fires
Center of Excellence (USAFCOE) and
List of Subjects in 14 CFR Part 73 Center of Excellence (USAFCOE) and
Fort Sill, Fort Sill, OK.
Fort Sill, Fort Sill, OK.
Airspace, Prohibited areas, Restricted
R–5601G Fort Sill, OK [New]
areas. R–5601C Fort Sill, OK [Amended]
By removing the current boundaries Boundaries. Beginning at lat.
Adoption of the Amendment
and using agency information and 34°46′03″ N., long. 98°25′50″ W.; to lat.
In consideration of the foregoing, the 34°45′03″ N., long. 98°29′46″ W.; thence
Federal Aviation Administration substituting the following:
counterclockwise via the 46 NM arc of
amends 14 CFR part 73 as follows: Boundaries. Beginning at lat.
SPS VORTAC to lat. 34°43′46″ N., long.
34°38′15″ N., long. 98°37′57″ W.; to lat.
98°49′55″ W.; to lat. 34°47′00″ N., long.
PART 73—SPECIAL USE AIRSPACE 34°38′15″ N., long. 98°45′21″ W.; to lat.
98°51′00″ W.; to lat. 34°50′30″ N., long.
34°41′47″ N., long. 98°45′21″ W.; to lat.
■ 1. The authority citation for part 73 98°46′02″ W.; to lat. 34°57′51″ N., long.
34°41′47″ N., long. 98°44′17″ W.; to lat.
continues to read as follows: 98°25′47″ W.; to the point of beginning.
34°41′21″ N., long. 98°44′17″ W.; to lat.
Excluding that airspace below 5,500 feet
Authority: 49 U.S.C.106 (f), 106(g); 40103, 34°41′21″ N., long. 98°40′36″ W.; to lat.
MSL over the Wichita Mountains
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 34°40′54″ N., long. 98°40′36″ W.; to lat.
National Wildlife Refuge.
1959–1963 Comp., p. 389. 34°40′54″ N., long. 98°37′56″ W.; thence
south along Oklahoma State Highway Designated altitudes. 500 feet AGL to,
§ 73.56 [Amended] but not including, 8,000 feet MSL.
No. 115 to the point of beginning.
■ 2. Section 73.56 is amended as Using agency. U.S. Army, Time of designation. Sunrise to 2200
follows: Commanding General, U.S. Army Fires local time, Monday-Friday; other times
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Center of Excellence (USAFCOE) and by NOTAM.
R–5601A Fort Sill, OK [Amended]
Fort Sill, Fort Sill, OK. Controlling agency. FAA, Fort Worth
By removing the current boundaries ARTCC.
and using agency information and R–5601D Fort Sill, OK [Amended]
Using agency. U.S. Army,
substituting the following: By removing the current boundaries Commanding General, U.S. Army Fires
Boundaries. Beginning at lat. and using agency information and Center of Excellence (USAFCOE) and
34°38′15″ N., long. 98°17′01″ W.; to lat. substituting the following: Fort Sill, Fort Sill, OK.
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![80002 Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Rules and Regulations
R–5601H Fort Sill, OK [New] insurance system administered by 2016, these interest assumptions
Boundaries. Beginning at lat. PBGC. represent an increase of 0.25 percent in
34°38′15″ N., long. 98°20′56″ W.; to lat. DATES: Effective December 1, 2016. the immediate rate and are otherwise
34°38′30″ N., long. 98°21′41″ W.; to lat. unchanged.
FOR FURTHER INFORMATION CONTACT:
34°38′50″ N., long. 98°22′06″ W.; to lat. Deborah C. Murphy (Murphy.Deborah@ PBGC has determined that notice and
34°39′53″ N., long. 98°22′16″ W.; to lat. pbgc.gov), Assistant General Counsel for public comment on this amendment are
34°40′47″ N., long. 98°23′07″ W.; thence Regulatory Affairs, Pension Benefit impracticable and contrary to the public
counterclockwise along an arc, 2.6 NM Guaranty Corporation, 1200 K Street interest. This finding is based on the
radius centered at lat. 34°38′18″ N., NW., Washington, DC 20005, 202–326– need to determine and issue new
long. 98°24′07″ W.; to lat. 34°40′11″ N., 4400 ext. 3451. (TTY/TDD users may interest assumptions promptly so that
long. 98°26′18″ W.; to lat. 34°38′15″ N., call the Federal relay service toll-free at the assumptions can reflect current
long. 98°26′19″ W.; to the point of 1–800–877–8339 and ask to be market conditions as accurately as
beginning. connected to 202–326–4400 ext. 3451.) possible.
Designated altitudes. Surface to FL Because of the need to provide
SUPPLEMENTARY INFORMATION: PBGC’s
400. immediate guidance for the payment of
regulation on Benefits Payable in
Time of designation. By NOTAM. benefits under plans with valuation
Terminated Single-Employer Plans (29
Controlling agency. FAA, Fort Worth dates during December 2016, PBGC
CFR part 4022) prescribes actuarial
ARTCC. finds that good cause exists for making
assumptions—including interest
Using agency. U.S. Army, the assumptions set forth in this
assumptions—for paying plan benefits
Commanding General, U.S. Army Fires amendment effective less than 30 days
under terminating single-employer
Center of Excellence (USAFCOE) and after publication.
plans covered by title IV of the
Fort Sill, Fort Sill, OK. PBGC has determined that this action
Employee Retirement Income Security
is not a ‘‘significant regulatory action’’
Issued in Washington, DC, on November 8, Act of 1974. The interest assumptions in
under the criteria set forth in Executive
2016. the regulation are also published on
Order 12866.
Leslie M. Swann, PBGC’s Web site (http://www.pbgc.gov).
PBGC uses the interest assumptions in Because no general notice of proposed
Acting Manager, Airspace Policy Group. rulemaking is required for this
[FR Doc. 2016–27441 Filed 11–14–16; 8:45 am] Appendix B to Part 4022 to determine
whether a benefit is payable as a lump amendment, the Regulatory Flexibility
BILLING CODE 4910–13–P
sum and to determine the amount to Act of 1980 does not apply. See 5 U.S.C.
pay. Appendix C to Part 4022 contains 601(2).
interest assumptions for private-sector List of Subjects in 29 CFR Part 4022
PENSION BENEFIT GUARANTY pension practitioners to refer to if they
CORPORATION Employee benefit plans, Pension
wish to use lump-sum interest rates
insurance, Pensions, Reporting and
determined using PBGC’s historical
29 CFR Part 4022 recordkeeping requirements.
methodology. Currently, the rates in
Appendices B and C of the benefit In consideration of the foregoing, 29
Benefits Payable in Terminated Single- CFR part 4022 is amended as follows:
Employer Plans; Interest Assumptions payment regulation are the same.
for Paying Benefits The interest assumptions are intended
to reflect current conditions in the PART 4022—BENEFITS PAYABLE IN
AGENCY: Pension Benefit Guaranty financial and annuity markets. TERMINATED SINGLE-EMPLOYER
Corporation. Assumptions under the benefit PLANS
ACTION: Final rule. payments regulation are updated ■ 1. The authority citation for part 4022
monthly. This final rule updates the continues to read as follows:
SUMMARY: This final rule amends the benefit payments interest assumptions
Pension Benefit Guaranty Corporation’s for December 2016.1 Authority: 29 U.S.C. 1302, 1322, 1322b,
regulation on Benefits Payable in The December 2016 interest 1341(c)(3)(D), and 1344.
Terminated Single-Employer Plans to assumptions under the benefit payments ■ 2. In appendix B to part 4022, Rate Set
prescribe interest assumptions under regulation will be 0.75 percent for the 278, as set forth below, is added to the
the regulation for valuation dates in period during which a benefit is in pay table.
December 2016. The interest status and 4.00 percent during any years
assumptions are used for paying preceding the benefit’s placement in pay Appendix B to Part 4022—Lump Sum
benefits under terminating single- status. In comparison with the interest Interest Rates For PBGC Payments
employer plans covered by the pension assumptions in effect for November * * * * *
For plans with a Deferred annuities
valuation date Immediate (percent)
Rate set annuity rate
On or (percent)
Before i1 i2 i3 n1 n2
after
* * * * * * *
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278 12–1–16 1–1–17 0.75 4.00 4.00 4.00 7 8
1 Appendix B to PBGC’s regulation on Allocation benefits under terminating covered single-employer ERISA section 4044. Those assumptions are
of Assets in Single-Employer Plans (29 CFR part plans for purposes of allocation of assets under updated quarterly.
4044) prescribes interest assumptions for valuing
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Document Created: 2016-11-15 00:48:10
Document Modified: 2016-11-15 00:48:10
| 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. | |
| Dates | Effective date 0901 UTC, March 2, 2017. | |
| Contact | Colby Abbott, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783. | |
| FR Citation | 81 FR 79998 | |
| RIN Number | 2120-AA66 | |
| CFR Associated | Airspace; Prohibited Areas and Restricted Areas |
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