82 FR 13389 - Modification of Restricted Area R-7201; Farallon De Medinilla Island, Mariana Islands
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 47 (March 13, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 47 (March 13, 2017)
| Page Range | 13389-13390 | |
| FR Document | 2017-04892 |
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)] [Rules and Regulations] [Pages 13389-13390] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04892] [[Page 13389]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2015-0739; Airspace Docket No. 14-AWP-11] Modification of Restricted Area R-7201; Farallon De Medinilla Island, Mariana Islands AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action expands the restricted airspace at Farallon De Medinilla Island, Mariana Islands, by designating a new area, R-7201A, that surrounds the existing R-7201. R-7201A encompasses that airspace between a 3 nautical mile (NM) radius and a 12-NM radius of lat. 16[deg]01'04'' N., long. 146[deg]03'31'' E. The new restricted airspace provides the required airspace to conduct military training scenarios using air-to-ground ordnance delivery, naval gunfire, lasers and special operations training. DATES: Effective date 0901 UTC, June 22, 2017. FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 modifies special use airspace to support military training and readiness requirements. History On August 25, 2015, the FAA published in the Federal Register a notice proposing to expand the lateral boundaries of restricted area R- 7201, and redesignate the area as R-7201A (80 FR 51498), Docket No. FAA-2015-0739. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. Differences From the NPRM The NPRM proposed to expand the lateral boundary of restricted area R-7201, which consists of that airspace within a 3-NM radius of lat. 16[deg]01'04'' N., long. 146[deg]03'31'' E., from the current 3-NM to 12-NM radius and rename the restricted area R-7201A. Subsequently, the FAA decided to retain R-7201, with its 3-NM radius, and designate a new restricted area to surround R-7201, naming the new restricted area R-7201A. R-7201A contains that airspace from a 3-NM radius, out to a 12-NM radius of the same center point. This configuration allows for the activation of either R-7201 or R-7201A alone, or to activate them both simultaneously. The flexibility enables more efficient use of airspace by allowing the using agency to activate only that amount of restricted airspace required for the particular mission to be conducted. The configuration proposed in the NPRM would have resulted in all airspace within a 12-NM radius of the above point being activated even for those missions that would only require a 3-NM radius. Therefore, the FAA determined it is in the public interest to retain R-7201 and establish R-7210A, as described herein, to facilitate the real-time release of airspace when the full 12-NM radius is not required by the user. Additionally, the using agency name for R-7201 is updated from ``Commander, Naval Forces, Marianas,'' to ``Commander, Joint Region Marianas.'' This reflects the current organizational title and matches the using agency for R-7201A. The Rule The FAA is amending 14 CFR part 73 by expanding the restricted airspace at Farallon De Medinilla Island, Mariana Islands. This action designates a new restricted area, R-7201A, consisting of the airspace between a 3-NM radius and a 12-NM radius of lat. 16[deg]01'04'' N., long. 146[deg]03'31'' E. It extends from the surface to FL 600. The time of designation is ``By NOTAM, 12 hours in advance.'' R-7201A surrounds the existing restricted area, R-7201. R-7201 continues to consist of the airspace within a 3-NM radius of the above point. This change will accommodate Department of the Navy training involving the use of advanced weapons systems which the current R-7201A airspace does not sufficiently and safely provide. The new restricted airspace also enables the using agency to activate only that amount of restricted airspace needed for the particular mission. In addition, the using agency name for R-7201 is updated to reflect the current organizational title as described above. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA conducted an independent written re-evaluation and adoption of the Department of the Navy's Final Environmental Assessment (EA)/ Overseas Environmental Assessment (OEA) for the Establishment of Mariana Islands Range Complex (MIRC) airspace, dated June 13, 2013 (hereinafter ``the FEA/OEA''), for which the FAA was a cooperating agency, and which included the environmental analysis of the establishment of Restricted Area R-7201A at Farallon De Medinilla Island, Marianas Islands, to support the Navy's MIRC airspace requirements. Based on its environmental review, the FAA has determined that the action that is the subject of this rule does not present the potential for significant impacts to the human environment. The FAA's ``Written Re-evaluation, Adoption of the EA, Finding of No Significant Impact and Record of Decision (FONSI-ROD),'' dated January 26, 2017, is included in the docket for this rulemaking. The FEA/OEA is available at www.MIRCairspaceEA.com. 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: [[Page 13390]] 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. 73.72 [Amended] 0 2. Sec. 73.72 is amended as follows: R-7201 Farallon De Medinilla Island, Mariana Islands [Amended] By removing ``Using agency. Commander, Naval Forces, Marianas,'' and adding in its place ``Using agency. Commander, Joint Region, Marianas.'' R-7201A Farallon De Medinilla Island, Mariana Islands [New] Boundaries. That airspace between a 3 NM radius and a 12 NM radius of lat. 16[deg]01'04'' N., long. 146[deg]03'31'' E. Designated altitudes. Surface to FL 600. Time of designation. By NOTAM 12 hours in advance. Controlling agency. FAA, Guam CERAP. Using agency. Commander, Joint Region Marianas. Issued in Washington, DC, on March 7, 2017. Gemechu Gelgelu, Acting Manager, Airspace Policy Group. [FR Doc. 2017-04892 Filed 3-10-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations 13389
DEPARTMENT OF TRANSPORTATION participate in this rulemaking effort by provide. The new restricted airspace
submitting written comments on the also enables the using agency to activate
Federal Aviation Administration proposal. No comments were received. only that amount of restricted airspace
needed for the particular mission.
14 CFR Part 73 Differences From the NPRM
In addition, the using agency name for
The NPRM proposed to expand the R–7201 is updated to reflect the current
[Docket No. FAA–2015–0739; Airspace
Docket No. 14–AWP–11]
lateral boundary of restricted area R– organizational title as described above.
7201, which consists of that airspace
within a 3–NM radius of lat. 16°01′04″ Regulatory Notices and Analyses
Modification of Restricted Area R–
7201; Farallon De Medinilla Island, N., long. 146°03′31″ E., from the current The FAA has determined that this
Mariana Islands 3–NM to 12–NM radius and rename the regulation only involves an established
restricted area R–7201A. body of technical regulations for which
AGENCY: Federal Aviation Subsequently, the FAA decided to frequent and routine amendments are
Administration (FAA), DOT. retain R–7201, with its 3–NM radius, necessary to keep them operationally
ACTION: Final rule. and designate a new restricted area to current. It, therefore: (1) Is not a
surround R–7201, naming the new ‘‘significant regulatory action’’ under
SUMMARY: This action expands the restricted area R–7201A. R–7201A Executive Order 12866; (2) is not a
restricted airspace at Farallon De contains that airspace from a 3–NM ‘‘significant rule’’ under Department of
Medinilla Island, Mariana Islands, by radius, out to a 12–NM radius of the Transportation (DOT) Regulatory
designating a new area, R–7201A, that same center point. This configuration Policies and Procedures (44 FR 11034;
surrounds the existing R–7201. R– allows for the activation of either R– February 26, 1979); and (3) does not
7201A encompasses that airspace 7201 or R–7201A alone, or to activate warrant preparation of a regulatory
between a 3 nautical mile (NM) radius them both simultaneously. The evaluation as the anticipated impact is
and a 12–NM radius of lat. 16°01′04″ N., flexibility enables more efficient use of so minimal. Since this is a routine
long. 146°03′31″ E. The new restricted airspace by allowing the using agency to matter that only affects air traffic
airspace provides the required airspace activate only that amount of restricted procedures and air navigation, it is
to conduct military training scenarios airspace required for the particular certified that this proposed rule, when
using air-to-ground ordnance delivery, mission to be conducted. The promulgated, does not have a significant
naval gunfire, lasers and special configuration proposed in the NPRM economic impact on a substantial
operations training. would have resulted in all airspace number of small entities under the
DATES: Effective date 0901 UTC, June within a 12–NM radius of the above criteria of the Regulatory Flexibility Act.
22, 2017. point being activated even for those
FOR FURTHER INFORMATION CONTACT: Paul missions that would only require a 3– Environmental Review
Gallant, Airspace Policy Group, Office NM radius. Therefore, the FAA The FAA conducted an independent
of Airspace Services, Federal Aviation determined it is in the public interest to written re-evaluation and adoption of
Administration, 800 Independence retain R–7201 and establish R–7210A, the Department of the Navy’s Final
Avenue SW., Washington, DC 20591; as described herein, to facilitate the real- Environmental Assessment (EA)/
telephone: (202) 267–8783. time release of airspace when the full Overseas Environmental Assessment
SUPPLEMENTARY INFORMATION: 12–NM radius is not required by the (OEA) for the Establishment of Mariana
user. Islands Range Complex (MIRC) airspace,
Authority for This Rulemaking Additionally, the using agency name dated June 13, 2013 (hereinafter ‘‘the
The FAA’s authority to issue rules for R–7201 is updated from FEA/OEA’’), for which the FAA was a
regarding aviation safety is found in ‘‘Commander, Naval Forces, Marianas,’’ cooperating agency, and which included
Title 49 of the United States Code. to ‘‘Commander, Joint Region the environmental analysis of the
Subtitle I, Section 106 describes the Marianas.’’ This reflects the current establishment of Restricted Area R–
authority of the FAA Administrator. organizational title and matches the 7201A at Farallon De Medinilla Island,
Subtitle VII, Aviation Programs, using agency for R–7201A. Marianas Islands, to support the Navy’s
describes in more detail the scope of the MIRC airspace requirements. Based on
agency’s authority. This rulemaking is The Rule
its environmental review, the FAA has
promulgated under the authority The FAA is amending 14 CFR part 73 determined that the action that is the
described in Subtitle VII, Part A, by expanding the restricted airspace at subject of this rule does not present the
Subpart I, Section 40103. Under that Farallon De Medinilla Island, Mariana potential for significant impacts to the
section, the FAA is charged with Islands. This action designates a new human environment. The FAA’s
prescribing regulations to assign the use restricted area, R–7201A, consisting of ‘‘Written Re-evaluation, Adoption of the
of the airspace necessary to ensure the the airspace between a 3–NM radius and EA, Finding of No Significant Impact
safety of aircraft and the efficient use of a 12–NM radius of lat. 16°01′04″ N., and Record of Decision (FONSI–ROD),’’
airspace. This regulation is within the long. 146°03′31″ E. It extends from the dated January 26, 2017, is included in
scope of that authority as it modifies surface to FL 600. The time of the docket for this rulemaking. The
special use airspace to support military designation is ‘‘By NOTAM, 12 hours in FEA/OEA is available at
training and readiness requirements. advance.’’ R–7201A surrounds the www.MIRCairspaceEA.com.
existing restricted area, R–7201. R–7201
History continues to consist of the airspace List of Subjects in 14 CFR Part 73
jstallworth on DSK7TPTVN1PROD with RULES
On August 25, 2015, the FAA within a 3–NM radius of the above Airspace, Prohibited areas, Restricted
published in the Federal Register a point. areas.
notice proposing to expand the lateral This change will accommodate
boundaries of restricted area R–7201, Department of the Navy training Adoption of the Amendment
and redesignate the area as R–7201A (80 involving the use of advanced weapons In consideration of the foregoing, the
FR 51498), Docket No. FAA–2015–0739. systems which the current R–7201A Federal Aviation Administration
Interested parties were invited to airspace does not sufficiently and safely amends 14 CFR part 73 as follows:
VerDate Sep<11>2014 14:45 Mar 10, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1](https://thefederalregister.org/doc/82_FR_13436/page/1.svg)
![13390 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations
PART 73—SPECIAL USE AIRSPACE ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
AGENCY Ginger Vagenas, EPA Region IX, 415–
■ 1. The authority citation for part 73 972–3964, vagenas.ginger@epa.gov.
continues to read as follows: 40 CFR Part 52 SUPPLEMENTARY INFORMATION:
[EPA–R09–OAR–2016–0660; FRL–9958–80– Throughout this document, the terms
Authority: 49 U.S.C. 106(f), 106(g), 40103,
Region 9] ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean EPA.
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389. Table of Contents
Approval of California Air Plan; Owens
§ 73.72 [Amended] Valley Serious Area Plan for the 1987 I. Summary of Proposed Action
24-Hour PM10 Standard II. Public Comments and the EPA’s Response
■ 2. § 73.72 is amended as follows: to Comments
AGENCY: Environmental Protection III. EPA’s Final Action
R–7201 Farallon De Medinilla Island, Agency (EPA). IV. Statutory and Executive Order Reviews
Mariana Islands [Amended] ACTION: Final rule. I. Summary of Proposed Action
By removing ‘‘Using agency. Commander, On December 12, 2016, the EPA
SUMMARY: The Environmental Protection
Naval Forces, Marianas,’’ and adding in its proposed to approve the Owens Valley
Agency (EPA) is taking final action to
place ‘‘Using agency. Commander, Joint 2016 PM10 Plan, which the State of
Region, Marianas.’’
approve a state implementation plan
(SIP) revision submitted by the State of California submitted on June 9, 2016, as
R–7201A Farallon De Medinilla Island, California to meet Clean Air Act (CAA meeting all relevant statutory and
Mariana Islands [New] or ‘‘Act’’) requirements applicable to the regulatory requirements under the
Boundaries. That airspace between a 3 NM Owens Valley PM10 nonattainment area CAA.1 As discussed in our proposed
radius and a 12 NM radius of lat. 16°01′04″ (NA). The Owens Valley PM10 NA is rule, the Owens Valley PM10 NA is a
N., long. 146°03′31″ E. classified as a ‘‘Serious’’ nonattainment Serious PM10 nonattainment area that is
Designated altitudes. Surface to FL 600. area for the national ambient air quality located in the southern portion of the
Time of designation. By NOTAM 12 hours standards (NAAQS) for particulate Owens Valley in Inyo County,
in advance. matter of ten microns or less (PM10). The California.2
Controlling agency. FAA, Guam CERAP. submitted SIP revision is the ‘‘Great California’s obligation to submit the
Using agency. Commander, Joint Region Basin Unified Air Pollution Control 2016 PM10 Plan was triggered by the
Marianas. District 2016 Owens Valley Planning EPA’s June 6, 2007 finding that the
Area PM10 State Implementation Plan’’ Owens Valley PM10 NA had failed to
Issued in Washington, DC, on March 7, meet its December 31, 2006 deadline to
2017. (‘‘2016 PM10 Plan’’ or ‘‘Plan’’). The
State’s obligation to submit the 2016 attain the PM10 NAAQS.3 The CAA
Gemechu Gelgelu, requires a Serious PM10 NA that fails to
PM10 Plan was triggered by the EPA’s
Acting Manager, Airspace Policy Group. 2007 finding that the Owens Valley meet its attainment deadline to submit
[FR Doc. 2017–04892 Filed 3–10–17; 8:45 am] PM10 NA had failed to meet its a plan providing for attainment of the
BILLING CODE 4910–13–P December 31, 2006, deadline to attain PM10 NAAQS and for an annual
the PM10 NAAQS. The CAA requires a emission reduction in PM10 or PM10
Serious PM10 nonattainment area that precursors of not less than five percent
fails to meet its attainment deadline to per year until attainment. Our December
DEPARTMENT OF ENERGY submit a plan providing for attainment 12, 2016 proposed rule provides the
of the PM10 NAAQS and for an annual background and rationale for this action.
Federal Energy Regulatory reduction in PM10 emissions of not less II. Public Comments and the EPA’s
Commission than five percent until attainment of the Response to Comments
PM10 NAAQS. The EPA is approving the
The EPA provided a 30-day public
18 CFR Part 12 2016 PM10 Plan because it meets all
comment period on our proposed
relevant statutory and regulatory
Safety of Water Power Projects and action. The comment period ended on
requirements.
Project Works January 11, 2017. We received two
DATES: This rule is effective on April 12, public comment letters: One from the
CFR Correction 2017. Timbisha Shoshone Tribe and one from
ADDRESSES: The EPA has established a the Big Pine Paiute Tribe of the Owens
■ In Title 18 of the Code of Federal docket for this action, identified by Valley. The submitted comment letters,
Regulations, Parts 1 to 399, revised as of Docket ID Number EPA–R09–OAR– which we have summarized and
April 1, 2016, the term ‘‘Energy Projects 2016–0660. The index to the docket is responded to below, are in our docket.
Licensing’’ is replaced by the term available electronically at http:// Comment 1: The Timbisha Shoshone
‘‘Energy Projects’’ in the following www.regulations.gov or in hard copy at Tribe expressed its support for our
locations: Page 214, § 12.2(a) and (b) and the EPA Region IX office, 75 Hawthorne approval of the 2016 PM10 Plan.
§ 12.3(b)(3); page 218, § 12.22(a)(1) Street, San Francisco, California. While Response 1: The EPA appreciates the
introductory text and (a)(2) introductory all documents in the docket are listed in Timbisha Shoshone Tribe’s support of
the index, some information may be our approval.
text; and page 221, § 12.31(e), § 12.33(a),
publicly available only at the hard copy Comment 2: The Big Pine Paiute
and § 12.34.
jstallworth on DSK7TPTVN1PROD with RULES
location (e.g., copyrighted material), and Tribe’s (‘‘Tribe’’) comment letter
[FR Doc. 2017–04952 Filed 3–10–17; 8:45 am] acknowledged the effectiveness of the
some may not be publicly available in
BILLING CODE 1301–00–D
either location (e.g., confidential 1 81 FR 89407.
business information). To inspect the 2 The boundary of the Owens Valley PM10
hard copy materials, please schedule an nonattainment area is defined in 40 CFR 81.305 as
appointment during normal business Hydrologic Unit #18090103.
hours with the contact listed below. 3 72 FR 31183.
VerDate Sep<11>2014 16:57 Mar 10, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1](https://thefederalregister.org/doc/82_FR_13436/page/2.svg)
Document Created: 2018-02-01 14:57:51
Document Modified: 2018-02-01 14:57:51
| 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, June 22, 2017. | |
| Contact | Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783. | |
| FR Citation | 82 FR 13389 | |
| CFR Associated | Airspace; Prohibited Areas and Restricted Areas |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR