82_FR_18007 82 FR 17936 - Establishment of Restricted Area R-2507W; Chocolate Mountains, CA

82 FR 17936 - Establishment of Restricted Area R-2507W; Chocolate Mountains, CA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 71 (April 14, 2017)

Page Range17936-17938
FR Document2017-07573

This action establishes restricted area R-2507W, Chocolate Mountains, CA, to support training activities that involve the use of advanced weapons systems. This action ensures realistic United States Marine Corps (USMC) training on live fire and non-live fire aviation activities such as Basic Ordinance Delivery, Close Air Support, Air-to- Air Gunnery, Laser Ranging and Designating, and Air Strikes. Restricted area R-2507W will allow the USMC to enhance training and safety requirements in order to maintain, train, and equip combat-ready military forces.

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Rules and Regulations]
[Pages 17936-17938]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07573]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-2193; Airspace Docket No. 15-AWP-8]


Establishment of Restricted Area R-2507W; Chocolate Mountains, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes restricted area R-2507W, Chocolate 
Mountains, CA, to support training activities that involve the use of 
advanced weapons systems. This action ensures realistic United States 
Marine Corps (USMC) training on live fire and non-live fire aviation 
activities such as Basic Ordinance Delivery, Close Air Support, Air-to-
Air Gunnery, Laser Ranging and Designating, and Air Strikes. Restricted 
area R-2507W will allow the USMC to enhance training and safety 
requirements in order to maintain, train, and equip combat-ready 
military forces.

DATES: Effective date 0901 UTC, June 22, 2017.

[[Page 17937]]


FOR FURTHER INFORMATION CONTACT: Kenneth Ready, 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 establishes the restricted area airspace at Chocolate Mountains, 
CA, to accommodate essential USMC training requirements and ensure the 
safety of aircraft otherwise permitted to overfly the location 
established for USMC training.

History

    The FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM) (80 FR 42761, July 20, 2015), Docket No. FAA-2015-
2193, to establish restricted area R-2507W to support hazardous 
training activities conducted within the Chocolate Mountain Aerial 
Gunnery Range (CMAGR), 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 highlighting three main 
areas of concern: Proximity to Salton Sea National Wildlife Refuge; 
impact on instrument approach into Brawley Municipal Airport (BWC); and 
impact on instrument approach into Jacqueline Cochran Regional Airport 
(TRM).
    Having considered the issues provided by AOPA, the FAA offers the 
following responses.

Proximity to Salton Sea National Wildlife Refuge

    AOPA indicated that pilots would prefer additional buffer space 
between aircraft and the refuge, but R-2057W reduces that margin on the 
northern coast of the Salton Sea National Wildlife Refuge.
    The FAA acknowledges the Salton Sea National Wildlife Refuge is 
located in close proximity to R-2507W and that pilots are encouraged to 
avoid the refuge, if practical, as Advisory Circular 91-36D states 
under the paragraph `Voluntary Practices.' As alluded to by AOPA's 
comment, navigating along the northern shoreline of the Salton Sea is a 
common occurrence when operating in the area. The closest point between 
the proposed airspace and the refuge is approximately 3.7 nautical 
miles. This distance provides ample maneuver space in a VFR environment 
for general aviation pilots to avoid both the proposed R-2507W and the 
wildlife refuge. Additionally, it is important to note that the 
recognizable geographic boundary of the range from the air is the canal 
that borders the range. In order to ensure safety, the airspace 
utilizes that geographic border to visually assist general aviation in 
identifying the outer edge of the restricted area. Moreover, the R-
2507W airspace overlays Controlled Fire Areas which are established 
over the Chocolate Mountain Aerial Gunner Range. There are no records 
at Marine Corps Air Station, Yuma, of having to take any actions to put 
the Controlled Fire Areas in cease-fire status due to general aviation 
activity in/around the underlying ranges. For these reasons, the FAA 
disagrees that additional clearance is necessary.

Impact on Instrument Approach Into Brawley Municipal Airport (BWC)

    AOPA also expressed concern that an aircraft inbound to BWC via the 
VOR/DME B approach originating from the Thermal VORTAC must fly 35 
miles to SECAN intersection which is found by cross referencing with 
the Imperial VORTAC. AOPA suggested that pilot solely utilizing VOR 
guidance could stray north near the restricted area.
    The FAA acknowledges that a pilot flying the VOR/DME B approach 
procedure into BWC and navigating solely off of one VOR has cockpit 
workload to consider. However, the FAA considers the cockpit workload a 
factor at the intersection due to switching from VOR to VOR for 
guidance on when to make the turn does not present any safety concern 
associated with the establishment of R-2507W. The pilot's potential to 
stray beyond the intersection or missing the turn would take the pilot 
away from the restricted area rather than closer to it. The FAA 
recognizes ample maneuverability room to complete the initial inbound 
radial of the approach to the SECAN intersection without being in 
jeopardy of straying into the new R-2507W.

Impact on Instrument Approach Into Jacqueline Cochran Regional Airport 
(TRM)

    AOPA is concerned the RNAV GPS runway 35 approach will lose safe 
distance off of the SHADI intersection from the restricted airspace. 
The FAA concurs with the comment that the feeder route of SHADI 
intersection to the COSUK intersection (which is an initial approach 
fix) would be reduced to an unacceptable distance. Therefore, the FAA 
has reduced the boundary of the northwest corner of R-2507W to provide 
sufficient protected airspace from the RNAV (GPS) runway 35 approach.

Differences From the NPRM

    Subsequent to publication of the NPRM, in response to a comment 
from AOPA, the FAA identified a geographic lat./long. coordinate which 
was adjusted into two geographic lat./long. coordinates to ensure ample 
separation from the TRM RNAV GPS runway 35 approach feeder route off of 
SHADI intersection, which is an established approach procedure. The 
following restricted area updates are incorporated in this action.
    The geographical lat./long. coordinate for the point located in the 
northwest corner of R-2507W has been removed and two new points were 
established.

The Rule

    The FAA is amending title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish a new restricted area R-2507W at the Chocolate 
Mountain Aerial Gunnery Range, CA. 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 realistic USMC training on live 
fire and non-live fire aviation activities such as Basic Ordinance 
Delivery, Close Air Support, Air-to-Air Gunnery, Laser Ranging and 
Designating, and Air Strikes. The changes from what was proposed in the 
NPRM are as follows:
    R-2507W: The geographic coordinate proposed as ``lat. 
33[deg]29'25'' N., long. 115[deg]46'08'' W.'' in the boundaries 
description is deleted and replaced by two points identified as ``lat. 
33[deg]29'11'' N., long. 115[deg]45'49'' W.'' and ``lat.

[[Page 17938]]

33[deg]29'36'' N., long. 115[deg]45'36'' W.'' The rest of the legal 
description of R-2507W is unchanged from the proposal.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (DOT) Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation 
of a regulatory evaluation as the anticipated impact is so minimal. 
Since this is a routine matter that only affects air traffic procedures 
and air navigation, it is certified that this rule, when promulgated, 
does not have a significant economic impact on a substantial number of 
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of establishing restricted 
area R-2507W, Chocolate Mountain, CA, to support USMC training 
activities that involve the use of advanced weapons systems, qualified 
for FAA's environmental impact review and FAA's adoption of the 
airspace use portion of the USMC's Final Environmental Assessment 
(FEA). In accordance with the National Environmental Policy Act (NEPA), 
its implementing regulations at 40 CFR parts 1500 through 1508, FAA 
Orders 1050.1F Environmental Impacts: Policies and Procedures, and 
7400.2K Procedures for Handling Airspace Matters, FAA, as a cooperating 
agency for this SUA action, conducted an independent environmental 
impact review of the airspace use portion of the USMC's Air Station 
Yuma FEA for the Establishment of Special Use Airspace Restricted Area 
R-2507W, Chocolate Mountain Aerial Gunnery Range, Imperial and 
Riverside Counties, California (June 2014). Based on its review, the 
FAA has determined that the action that is the subject of this rule 
does not present any potential for significant impacts to the human 
environment. The FAA's Adoption EA and FONSI-ROD are included in the 
docket for this rulemaking.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

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.  73.25  California [Amended]

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

R-2507W West Chocolate Mountains, CA [New]

    Boundaries--Beginning at lat. 33[deg]14'00'' N., long. 
115[deg]22'33'' W.; to lat. 33[deg]13'14'' N., long. 115[deg]23'17'' 
W.; to lat. 33[deg]13'58'' N., long. 115[deg]24'26'' W.; to lat. 
33[deg]14'22'' N., long. 115[deg]25'29'' W.; to lat. 33[deg]15'40'' N., 
long. 115[deg]27'36'' W.; to lat. 33[deg]17'28'' N., long. 
115[deg]29'42'' W.; to lat. 33[deg]19'17'' N., long. 115[deg]32'13'' 
W.; to lat. 33[deg]21'11'' N., long. 115[deg]34'39'' W.; to lat. 
33[deg]22'58'' N., long. 115[deg]38'19'' W.; to lat. 33[deg]27'26'' N., 
long. 115[deg]43'30'' W.; to lat. 33[deg]29'11'' N., long. 
115[deg]45'49'' W.; to lat. 33[deg]29'36'' N., long. 115[deg]45'36'' 
W.; to lat. 33[deg]31'09'' N., long. 115[deg]41'12'' W.; to lat. 
33[deg]32'50'' N., long. 115[deg]37'37'' W.; to lat. 33[deg]32'40'' N., 
long. 115[deg]33'53'' W.; to lat. 33[deg]28'30'' N., long. 
115[deg]42'13'' W.; to lat. 33[deg]23'40'' N., long. 115[deg]33'23'' 
W.; to lat. 33[deg]21'30'' N., long. 115[deg]32'58'' W.; thence to the 
point of beginning.
    Designated altitudes. Surface to FL 230.
    Time of designation. Continuous.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center (ARTCC).
    Using agency. USMC, Commanding Officer, Marine Corps Air Station 
(MCAS) Yuma, AZ.
* * * * *

    Issued in Washington, DC, on April 10, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-07573 Filed 4-13-17; 8:45 am]
BILLING CODE 4910-13-P



                                                17936                      Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Rules and Regulations

                                                   (iii) Compliance with paragraph (f)(2)(i) or                     the initial and repetitive USIs specified by
                                                (f)(2)(iii) of this AD is terminating action for                    paragraphs (f)(1)(i) and (ii) of this AD.

                                                                                                 FIGURE 1 TO PARAGRAPH (f)—HPC STAGE 8–10 SPOOL S/NS

                                                                                 Part Nos.                                                                                Serial Nos.

                                                1844M90G01 ......................................................................   GWN005MF          GWNBK753          GWNBS077             GWNBS497   GWNBS724
                                                                                                                                    GWN005MG          GWNBK754          GWNBS078             GWNBS499   GWNBS794
                                                                                                                                    GWN0087M          GWNBK841          GWNBS079             GWNBS500   GWNBS810
                                                                                                                                    GWN0087N          GWNBK842          GWNBS080             GWNBS501   GWNBS811
                                                                                                                                    GWN00DGK          GWNBK843          GWNBS081             GWNBS502   GWNBS812
                                                                                                                                    GWN00DGL          GWNBK844          GWNBS157             GWNBS609   GWNBS813
                                                                                                                                    GWNBJ992          GWNBK952          GWNBS158             GWNBS610   GWNBS814
                                                                                                                                    GWNBK667          GWNBK953          GWNBS159             GWNBS611   GWNBS910
                                                                                                                                    GWNBK674          GWNBK954          GWNBS160             GWNBS612   GWNBS911
                                                                                                                                    GWNBK675          GWNBK955          GWNBS266             GWNBS613   GWNBS912
                                                                                                                                    GWNBK743          GWNBK956          GWNBS267             GWNBS614   GWNBS914
                                                                                                                                    GWNBK744          GWNBK957          GWNBS268             GWNBS721   GWNBS915
                                                                                                                                    GWNBK751          GWNBK958          GWNBS269             GWNBS722   GWNBS982
                                                                                                                                    GWNBK752          GWNBK959          GWNBS270             GWNBS723   GWNBS983
                                                1844M90G02 ......................................................................   GWN00C2T          GWN01C5N          GWN02N8D             GWN03RTM   GWN04E21
                                                                                                                                    GWN00C2V          GWN01GE2          GWN02T3R             GWN03RTP   GWN04GHT
                                                                                                                                    GWN00G2N          GWN01GE3          GWN02WGM             GWN040RL   GWN04GHW
                                                                                                                                    GWN00G2P          GWN01GE4          GWN0311K             GWN040RM   GWN04GJ0
                                                                                                                                    GWN00PFP          GWN01GE6          GWN035PP             GWN040RN   GWN04JW6
                                                                                                                                    GWN00PFR          GWN01WH1          GWN038TD             GWN040RP   GWN04JW7
                                                                                                                                    GWN00T2N          GWN02688          GWN039TG             GWN04202   GWN04JW8
                                                                                                                                    GWN00YHV          GWN02689          GWN03G2R             GWN0435W   GWN04L7K
                                                                                                                                    GWN0125G          GWN0268A          GWN03G2W             GWN04360   GWN04L7L
                                                                                                                                    GWN0125H          GWN02DP2          GWN03G30             GWN04361   GWN04MT7
                                                                                                                                    GWN0166K          GWN02DP3          GWN03JPC             GWN04362   GWN04MT8
                                                                                                                                    GWN01C5K          GWN02F9F          GWN03JPD             GWN04ATG   GWNBS984
                                                                                                                                    GWN01C5L          GWN02F9G          GWN03N8P             GWN04ATH
                                                                                                                                    GWN01C5M          GWN02L9T          GWN03N8R             GWN04E20



                                                   (2) For all HPC stage 8–10 spools, P/N                           phone: 781–238–7756; fax: 781–238–7199;                DEPARTMENT OF TRANSPORTATION
                                                1694M80G04, 1844M90G01, or 1844M90G02,                              email: john.frost@faa.gov.
                                                perform an eddy current inspection (ECI) of                            (2) GE GE90 Service Bulletin (SB) 72–1151,          Federal Aviation Administration
                                                the stage 8 aft upper face as follows:                              Revision 01, dated September 13, 2016; GE
                                                   (i) Perform an initial ECI of the stage 8 aft                    GE90 SB 72–1151, Revision 0, dated June 10,
                                                web upper face at the next shop visit after the
                                                                                                                                                                           14 CFR Part 73
                                                                                                                    2016; Chapter 72–31–08, Special Procedures
                                                effective date of this AD.                                          003; and Chapter 72–00–31, Special
                                                   (ii) Thereafter, perform an ECI of the stage                     Procedures 006, in GE GE90 Engine Manual,              [Docket No. FAA–2015–2193; Airspace
                                                8 aft web upper face at each subsequent shop                        GEK100700, Revision 68, dated September 1,             Docket No. 15–AWP–8]
                                                visit.
                                                                                                                    2016, can be obtained from GE using the
                                                   (iii) If you performed an ECI of the stage                                                                              Establishment of Restricted Area R–
                                                8 aft web upper surface before the effective                        contact information in paragraph (i)(3) of this
                                                                                                                    AD. These SBs describe procedures for an on-           2507W; Chocolate Mountains, CA
                                                date of the AD, you met the requirements of
                                                paragraph (f)(2)(i) of this AD.                                     wing USI of the stage 8 web of the stage 8–
                                                                                                                    10 spool. These engine manual procedures               AGENCY:Federal Aviation
                                                   (3) Remove from service any HPC stage 8–                                                                                Administration (FAA), DOT.
                                                10 spool that fails the inspection required by                      describe how to perform ECI of the stage 8
                                                paragraphs (f)(1) or (2) of this AD, and                            aft web of the stage 8–10 spool.                       ACTION:   Final rule.
                                                replace with a spool eligible for installation.                        (3) For service information identified in
                                                                                                                    this AD, contact General Electric Company,             SUMMARY:    This action establishes
                                                (g) Definition                                                      GE-Aviation, Room 285, 1 Neumann Way,                  restricted area R–2507W, Chocolate
                                                   For the purpose of this AD, an engine shop                       Cincinnati, OH 45215, phone: 513–552–3272;
                                                visit is the induction of an engine into the
                                                                                                                                                                           Mountains, CA, to support training
                                                                                                                    fax: 513–552–3329; email: geae.aoc@ge.com.
                                                shop for maintenance during which the                                  (4) You may view this service information
                                                                                                                                                                           activities that involve the use of
                                                compressor discharge pressure seal face is                          at the FAA, Engine & Propeller Directorate,            advanced weapons systems. This action
                                                exposed.                                                            1200 District Avenue, Burlington, MA. For              ensures realistic United States Marine
                                                                                                                    information on the availability of this                Corps (USMC) training on live fire and
                                                (h) Alternative Methods of Compliance
                                                (AMOCs)                                                             material at the FAA, call 781–238–7125.                non-live fire aviation activities such as
                                                                                                                                                                           Basic Ordinance Delivery, Close Air
                                                  The Manager, Engine Certification Office,                         (j) Material Incorporated by Reference
                                                FAA, may approve AMOCs for this AD. Use
                                                                                                                                                                           Support, Air-to-Air Gunnery, Laser
                                                                                                                        None.                                              Ranging and Designating, and Air
                                                the procedures found in 14 CFR 39.19 to
jstallworth on DSK7TPTVN1PROD with RULES




                                                make your request. You may email your                                 Issued in Burlington, Massachusetts, on              Strikes. Restricted area R–2507W will
                                                request to: ANE-AD-AMOC@faa.gov.                                    April 5, 2017.                                         allow the USMC to enhance training
                                                                                                                    Carlos A. Pestana,                                     and safety requirements in order to
                                                (i) Related Information
                                                                                                                    Acting Manager, Engine & Propeller                     maintain, train, and equip combat-ready
                                                   (1) For more information about this AD,                                                                                 military forces.
                                                                                                                    Directorate, Aircraft Certification Service.
                                                contact John Frost, Aerospace Engineer,
                                                Engine Certification Office, FAA, 1200                              [FR Doc. 2017–07476 Filed 4–13–17; 8:45 am]            DATES: Effective date 0901 UTC, June
                                                District Avenue, Burlington, MA 01803;                              BILLING CODE 4910–13–P                                 22, 2017.


                                           VerDate Sep<11>2014       13:38 Apr 13, 2017      Jkt 241001     PO 00000       Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\14APR1.SGM   14APR1


                                                                     Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Rules and Regulations                                        17937

                                                FOR FURTHER INFORMATION CONTACT:                        Proximity to Salton Sea National                      2507W. The pilot’s potential to stray
                                                Kenneth Ready, Airspace Policy Group,                   Wildlife Refuge                                       beyond the intersection or missing the
                                                Office of Airspace Services, Federal                      AOPA indicated that pilots would                    turn would take the pilot away from the
                                                Aviation Administration, 800                            prefer additional buffer space between                restricted area rather than closer to it.
                                                Independence Avenue SW.,                                aircraft and the refuge, but R–2057W                  The FAA recognizes ample
                                                Washington, DC 20591; telephone: (202)                  reduces that margin on the northern                   maneuverability room to complete the
                                                267–8783.                                               coast of the Salton Sea National Wildlife             initial inbound radial of the approach to
                                                SUPPLEMENTARY INFORMATION:                              Refuge.                                               the SECAN intersection without being
                                                                                                          The FAA acknowledges the Salton                     in jeopardy of straying into the new R–
                                                Authority for This Rulemaking                                                                                 2507W.
                                                                                                        Sea National Wildlife Refuge is located
                                                   The FAA’s authority to issue rules
                                                                                                        in close proximity to R–2507W and that                Impact on Instrument Approach Into
                                                regarding aviation safety is found in
                                                                                                        pilots are encouraged to avoid the                    Jacqueline Cochran Regional Airport
                                                Title 49 of the United States Code.
                                                                                                        refuge, if practical, as Advisory Circular            (TRM)
                                                Subtitle I, Section 106 describes the
                                                                                                        91–36D states under the paragraph                        AOPA is concerned the RNAV GPS
                                                authority of the FAA Administrator.
                                                                                                        ‘Voluntary Practices.’ As alluded to by               runway 35 approach will lose safe
                                                Subtitle VII, Aviation Programs,
                                                                                                        AOPA’s comment, navigating along the                  distance off of the SHADI intersection
                                                describes in more detail the scope of the
                                                                                                        northern shoreline of the Salton Sea is               from the restricted airspace. The FAA
                                                agency’s authority.
                                                   This rulemaking is promulgated                       a common occurrence when operating                    concurs with the comment that the
                                                under the authority described in                        in the area. The closest point between                feeder route of SHADI intersection to
                                                Subtitle VII, Part A, Subpart I, Section                the proposed airspace and the refuge is               the COSUK intersection (which is an
                                                40103. Under that section, the FAA is                   approximately 3.7 nautical miles. This                initial approach fix) would be reduced
                                                charged with prescribing regulations to                 distance provides ample maneuver                      to an unacceptable distance. Therefore,
                                                assign the use of the airspace necessary                space in a VFR environment for general                the FAA has reduced the boundary of
                                                to ensure the safety of aircraft and the                aviation pilots to avoid both the                     the northwest corner of R–2507W to
                                                efficient use of airspace. This regulation              proposed R–2507W and the wildlife                     provide sufficient protected airspace
                                                is within the scope of that authority as                refuge. Additionally, it is important to              from the RNAV (GPS) runway 35
                                                it establishes the restricted area airspace             note that the recognizable geographic                 approach.
                                                at Chocolate Mountains, CA, to                          boundary of the range from the air is the
                                                                                                        canal that borders the range. In order to             Differences From the NPRM
                                                accommodate essential USMC training
                                                requirements and ensure the safety of                   ensure safety, the airspace utilizes that                Subsequent to publication of the
                                                aircraft otherwise permitted to overfly                 geographic border to visually assist                  NPRM, in response to a comment from
                                                the location established for USMC                       general aviation in identifying the outer             AOPA, the FAA identified a geographic
                                                training.                                               edge of the restricted area. Moreover,                lat./long. coordinate which was adjusted
                                                                                                        the R–2507W airspace overlays                         into two geographic lat./long.
                                                History                                                 Controlled Fire Areas which are                       coordinates to ensure ample separation
                                                  The FAA published in the Federal                      established over the Chocolate                        from the TRM RNAV GPS runway 35
                                                Register a notice of proposed                           Mountain Aerial Gunner Range. There                   approach feeder route off of SHADI
                                                rulemaking (NPRM) (80 FR 42761, July                    are no records at Marine Corps Air                    intersection, which is an established
                                                20, 2015), Docket No. FAA–2015–2193,                    Station, Yuma, of having to take any                  approach procedure. The following
                                                to establish restricted area R–2507W to                 actions to put the Controlled Fire Areas              restricted area updates are incorporated
                                                support hazardous training activities                   in cease-fire status due to general                   in this action.
                                                conducted within the Chocolate                          aviation activity in/around the                          The geographical lat./long. coordinate
                                                Mountain Aerial Gunnery Range                           underlying ranges. For these reasons,                 for the point located in the northwest
                                                (CMAGR), special use airspace (SUA)                     the FAA disagrees that additional                     corner of R–2507W has been removed
                                                complex.                                                clearance is necessary.                               and two new points were established.
                                                  Interested parties were invited to                    Impact on Instrument Approach Into                    The Rule
                                                participate in this rulemaking effort by                Brawley Municipal Airport (BWC)
                                                submitting written comments on the                                                                               The FAA is amending title 14 Code of
                                                proposal. One comment from the                             AOPA also expressed concern that an                Federal Regulations (14 CFR) part 73 to
                                                Aircraft Owners and Pilots Association                  aircraft inbound to BWC via the VOR/                  establish a new restricted area R–2507W
                                                (AOPA) was received.                                    DME B approach originating from the                   at the Chocolate Mountain Aerial
                                                                                                        Thermal VORTAC must fly 35 miles to                   Gunnery Range, CA. The FAA is also
                                                Discussion of Comments                                  SECAN intersection which is found by                  incorporating the restricted area updates
                                                  In their response to the NPRM, AOPA                   cross referencing with the Imperial                   noted in the Differences from the NPRM
                                                raised several substantive issues. AOPA                 VORTAC. AOPA suggested that pilot                     section. The FAA is taking this action to
                                                contended the proposed airspace design                  solely utilizing VOR guidance could                   ensure realistic USMC training on live
                                                would have a negative impact on                         stray north near the restricted area.                 fire and non-live fire aviation activities
                                                general aviation aircraft highlighting                     The FAA acknowledges that a pilot                  such as Basic Ordinance Delivery, Close
                                                three main areas of concern: Proximity                  flying the VOR/DME B approach                         Air Support, Air-to-Air Gunnery, Laser
                                                to Salton Sea National Wildlife Refuge;                 procedure into BWC and navigating                     Ranging and Designating, and Air
                                                impact on instrument approach into                      solely off of one VOR has cockpit                     Strikes. The changes from what was
jstallworth on DSK7TPTVN1PROD with RULES




                                                Brawley Municipal Airport (BWC); and                    workload to consider. However, the                    proposed in the NPRM are as follows:
                                                impact on instrument approach into                      FAA considers the cockpit workload a                     R–2507W: The geographic coordinate
                                                Jacqueline Cochran Regional Airport                     factor at the intersection due to                     proposed as ‘‘lat. 33°29′25″ N., long.
                                                (TRM).                                                  switching from VOR to VOR for                         115°46′08″ W.’’ in the boundaries
                                                  Having considered the issues                          guidance on when to make the turn does                description is deleted and replaced by
                                                provided by AOPA, the FAA offers the                    not present any safety concern                        two points identified as ‘‘lat. 33°29′11″
                                                following responses.                                    associated with the establishment of R–               N., long. 115°45′49″ W.’’ and ‘‘lat.


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                                                17938                Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Rules and Regulations

                                                33°29′36″ N., long. 115°45′36″ W.’’ The                 The Amendment                                         ACTION:   Final rule.
                                                rest of the legal description of R–2507W                  In consideration of the foregoing, the
                                                is unchanged from the proposal.                                                                               SUMMARY:    This final rule amends the
                                                                                                        Federal Aviation Administration                       Pension Benefit Guaranty Corporation’s
                                                Regulatory Notices and Analyses                         amends 14 CFR part 73 as follows:                     regulation on Benefits Payable in
                                                                                                                                                              Terminated Single-Employer Plans to
                                                   The FAA has determined that this                     PART 73—SPECIAL USE AIRSPACE
                                                                                                                                                              prescribe interest assumptions under
                                                regulation only involves an established                                                                       the regulation for valuation dates in
                                                                                                        ■ 1. The authority citation for part 73
                                                body of technical regulations for which                                                                       May 2017. The interest assumptions are
                                                                                                        continues to read as follows:
                                                frequent and routine amendments are                                                                           used for paying benefits under
                                                necessary to keep them operationally                      Authority: 49 U.S.C. 106(f), 106(g), 40103,
                                                                                                        40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,          terminating single-employer plans
                                                current. It, therefore: (1) Is not a                                                                          covered by the pension insurance
                                                                                                        1959–1963 Comp., p. 389.
                                                ‘‘significant regulatory action’’ under                                                                       system administered by PBGC.
                                                Executive Order 12866; (2) is not a                     § 73.25    California [Amended]                       DATES: Effective May 1, 2017.
                                                ‘‘significant rule’’ under Department of                ■ 2. Section 73.25 is amended as                      FOR FURTHER INFORMATION CONTACT:
                                                Transportation (DOT) Regulatory                         follows:                                              Deborah C. Murphy (Murphy.Deborah@
                                                Policies and Procedures (44 FR 11034;                                                                         pbgc.gov), Assistant General Counsel for
                                                                                                        *     *    *     *     *
                                                February 26, 1979); and (3) does not                                                                          Regulatory Affairs, Pension Benefit
                                                warrant preparation of a regulatory                     R–2507W West Chocolate Mountains,                     Guaranty Corporation, 1200 K Street
                                                evaluation as the anticipated impact is                 CA [New]                                              NW., Washington, DC 20005, 202–326–
                                                so minimal. Since this is a routine                       Boundaries—Beginning at lat.                        4400 ext. 3451. (TTY/TDD users may
                                                matter that only affects air traffic                    33°14′00″ N., long. 115°22′33″ W.; to lat.            call the Federal relay service toll-free at
                                                procedures and air navigation, it is                    33°13′14″ N., long. 115°23′17″ W.; to lat.            1–800–877–8339 and ask to be
                                                certified that this rule, when                          33°13′58″ N., long. 115°24′26″ W.; to lat.            connected to 202–326–4400 ext. 3451.)
                                                promulgated, does not have a significant                33°14′22″ N., long. 115°25′29″ W.; to lat.            SUPPLEMENTARY INFORMATION: PBGC’s
                                                economic impact on a substantial                        33°15′40″ N., long. 115°27′36″ W.; to lat.            regulation on Benefits Payable in
                                                number of small entities under the                      33°17′28″ N., long. 115°29′42″ W.; to lat.            Terminated Single-Employer Plans (29
                                                criteria of the Regulatory Flexibility Act.             33°19′17″ N., long. 115°32′13″ W.; to lat.            CFR part 4022) prescribes actuarial
                                                Environmental Review                                    33°21′11″ N., long. 115°34′39″ W.; to lat.            assumptions—including interest
                                                                                                        33°22′58″ N., long. 115°38′19″ W.; to lat.            assumptions—for paying plan benefits
                                                  The FAA has determined that this                      33°27′26″ N., long. 115°43′30″ W.; to lat.            under terminating single-employer
                                                action of establishing restricted area R–               33°29′11″ N., long. 115°45′49″ W.; to lat.            plans covered by title IV of the
                                                2507W, Chocolate Mountain, CA, to                       33°29′36″ N., long. 115°45′36″ W.; to lat.            Employee Retirement Income Security
                                                support USMC training activities that                   33°31′09″ N., long. 115°41′12″ W.; to lat.            Act of 1974. The interest assumptions in
                                                involve the use of advanced weapons                     33°32′50″ N., long. 115°37′37″ W.; to lat.            the regulation are also published on
                                                systems, qualified for FAA’s                            33°32′40″ N., long. 115°33′53″ W.; to lat.            PBGC’s Web site (http://www.pbgc.gov).
                                                environmental impact review and                         33°28′30″ N., long. 115°42′13″ W.; to lat.               PBGC uses the interest assumptions in
                                                FAA’s adoption of the airspace use                      33°23′40″ N., long. 115°33′23″ W.; to lat.            Appendix B to part 4022 to determine
                                                portion of the USMC’s Final                             33°21′30″ N., long. 115°32′58″ W.;                    whether a benefit is payable as a lump
                                                Environmental Assessment (FEA). In                      thence to the point of beginning.                     sum and to determine the amount to
                                                accordance with the National                              Designated altitudes. Surface to FL                 pay. Appendix C to Part 4022 contains
                                                Environmental Policy Act (NEPA), its                    230.                                                  interest assumptions for private-sector
                                                implementing regulations at 40 CFR                        Time of designation. Continuous.                    pension practitioners to refer to if they
                                                parts 1500 through 1508, FAA Orders                       Controlling agency. FAA, Los Angeles                wish to use lump-sum interest rates
                                                1050.1F Environmental Impacts:                          Air Route Traffic Control Center                      determined using PBGC’s historical
                                                Policies and Procedures, and 7400.2K                    (ARTCC).                                              methodology. Currently, the rates in
                                                                                                          Using agency. USMC, Commanding                      Appendices B and C of the benefit
                                                Procedures for Handling Airspace
                                                                                                        Officer, Marine Corps Air Station                     payment regulation are the same.
                                                Matters, FAA, as a cooperating agency
                                                                                                        (MCAS) Yuma, AZ.                                         The interest assumptions are intended
                                                for this SUA action, conducted an
                                                independent environmental impact                        *     *    *     *     *                              to reflect current conditions in the
                                                review of the airspace use portion of the                 Issued in Washington, DC, on April 10,              financial and annuity markets.
                                                USMC’s Air Station Yuma FEA for the                     2017.                                                 Assumptions under the benefit
                                                Establishment of Special Use Airspace                   Rodger A. Dean Jr.,                                   payments regulation are updated
                                                Restricted Area R–2507W, Chocolate                      Manager, Airspace Policy Group.                       monthly. This final rule updates the
                                                Mountain Aerial Gunnery Range,                          [FR Doc. 2017–07573 Filed 4–13–17; 8:45 am]
                                                                                                                                                              benefit payments interest assumptions
                                                Imperial and Riverside Counties,                                                                              for May 2017.1
                                                                                                        BILLING CODE 4910–13–P
                                                California (June 2014). Based on its                                                                             The May 2017 interest assumptions
                                                review, the FAA has determined that                                                                           under the benefit payments regulation
                                                the action that is the subject of this rule                                                                   will be 1.00 percent for the period
                                                                                                        PENSION BENEFIT GUARANTY                              during which a benefit is in pay status
                                                does not present any potential for                      CORPORATION
                                                significant impacts to the human                                                                              and 4.00 percent during any years
                                                                                                                                                              preceding the benefit’s placement in pay
jstallworth on DSK7TPTVN1PROD with RULES




                                                environment. The FAA’s Adoption EA                      29 CFR Part 4022
                                                and FONSI–ROD are included in the                                                                               1 Appendix B to PBGC’s regulation on Allocation
                                                docket for this rulemaking.                             Benefits Payable in Terminated Single-
                                                                                                                                                              of Assets in Single-Employer Plans (29 CFR part
                                                                                                        Employer Plans; Interest Assumptions                  4044) prescribes interest assumptions for valuing
                                                List of Subjects in 14 CFR Part 73                      for Paying Benefits                                   benefits under terminating covered single-employer
                                                                                                                                                              plans for purposes of allocation of assets under
                                                  Airspace, Prohibited areas, Restricted                AGENCY: Pension Benefit Guaranty                      ERISA section 4044. Those assumptions are
                                                areas.                                                  Corporation.                                          updated quarterly.



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Document Created: 2017-04-14 00:56:19
Document Modified: 2017-04-14 00:56:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective date 0901 UTC, June 22, 2017.
ContactKenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation82 FR 17936 
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas

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