82 FR 29380 - Establishment of Temporary Restricted Areas R-2509E, R-2509W, and R-2509N; Twentynine Palms, CA

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range		29380-29383
FR Document		2017-13566
This action establishes temporary restricted areas (Temp RAs) R-2509E, R-2509W, and R-2509N, Twentynine Palms, CA, to support a Marine Expeditionary Brigade level Large Scale Exercise (LSE) planned for existing and newly acquired training lands at Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms from August 7 to August 26, 2017.
Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29380-29383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-9536; Airspace Docket No. 16-AWP-27]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes temporary restricted areas (Temp RAs) 
R-2509E, R-2509W, and R-2509N, Twentynine Palms, CA, to support a 
Marine Expeditionary Brigade level Large Scale Exercise (LSE) planned 
for existing and newly acquired training lands at Marine Corps Air 
Ground Combat Center (MCAGCC), Twentynine Palms from August 7 to August 
26, 2017.

DATES: Effective date 0901 UTC, August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy and 
Regulations Group, Office of Airspace Services, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it would establish the temporary restricted area airspace 
at Twentynine Palms, CA, to support a Marine Expeditionary Brigade 
level LSE and accommodate essential USMC training requirements.

History

    On February 23, 2017, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) (82 FR 11414), Docket No. FAA-
2016-9536, to establish Temp RAs R-2509E, R-2509W, and R-2509N, 
Twentynine Palms, CA, to support a Marine Expeditionary Brigade level 
LSE. Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Five comments 
were received; four from individuals and one from Aircraft Owners and 
Pilots Association (AOPA).

Discussion of Comments

    In their response to the NPRM, the commenters raised several 
substantive issues. The commenters contend the temporary restricted 
airspace design could be managed through alternative airspace 
management methods like temporary flight restrictions or controlled 
firing areas. Additionally, commenters contended that the location and 
lack of knowledge of temporary restricted areas would have a negative 
impact on general aviation aircraft. One commenter supported the 
exercise to allow warfighters the opportunity to practice tactics in 
preparation for actual war. The comments have been categorized in the 
following groupings: (1) Alternative designation of the airspace as a 
temporary flight restriction (TFR) or as a controlled firing area 
(CFA); (2) the general concern that R-2509W creates a narrow funneling 
of traffic at a known ``choke point'' of airspace; and (3) the need for 
advanced notification of pilots of activation and awareness of 
temporary restricted areas.

[[Page 29381]]

    Having considered the issues and recommendations provided by the 
commenters, the FAA offers the following responses.

Designation of the Airspace as a TFR or as a CFA

    Two commenters suggested the airspace would be better served as TFR 
because a TFR could be depicted graphically and would provide better 
notification to pilots. The commenters noted perceived limitations in 
the NOTAM system used to inform pilots of temporary restricted areas 
established under part 73.
    TFRs under 14 CFR 91.137 are not used for any pre-planned military 
operations involving hazardous activity. Additionally, a TFR issued 
under Sec.  91.137 involves restrictions and limitations that are not 
appropriately applied to military operations. The fact that commenters 
perceive that a TFR permits better notification to a pilot about 
restricted airspace is not sufficient to warrant using Sec.  91.137 for 
activity that it was not intended to cover.
    One commenter suggested a CFA as an alternative. CFAs are not 
intended for aerial activities which involve aircraft ordinance 
delivery which this LSE will involve.

R-2509W Creates a Narrow Funneling of Traffic at a Known ``Choke 
Point'' of Airspace

    One commenter stated the corridor created by restricted airspace in 
the high desert of Southern California is already very narrow and 
congested and funnels high amounts of traffic today. The commenter 
noted that adding restricted areas that will reduce the corridor will 
exacerbate the problem. The commenter suggested expanding the existing 
restricted area into one of the already established military operations 
areas (MOA) on the eastern side of R-2509 and away from the already 
narrow funnel in the west. AOPA contends that the proposed restricted 
areas create an unnecessary and unacceptable risk to general aviation 
pilots. AOPA specifically noted that, because the proposed R-2509W 
overlies a valley, it will force general aviation pilots to fly closer 
to precipitous rising terrain and will provide a greater challenge to 
pilots needing to turn around safely. AOPA also commented that federal 
airway V-386 which is heavily utilized by general aviation pilots will 
be impacted by the proposed restricted area. AOPA contended that the 
restricted area would force many pilots to deviate further to the west 
and into more complex and congested airspace. AOPA also noted that the 
FAA previously withdrew a proposal for the same temporary restricted 
areas because efforts to mitigate the aeronautical impacts were 
unsuccessful.
    After the 2016 NPRM was withdrawn, LA Center negotiated certain 
mitigations with the Marine Corps in response to LA Center's 
aeronautical study of the impact of the temporary restricted areas to 
non-participating aircraft operating within the corridor west of the 
proposed restricted areas. In response to the aeronautical study, the 
Marines met with LA Center and addressed internal boundary changes for 
R-2509N and R-2509E which allow for arrivals and departures to fly over 
the restricted areas allowing better flow control and altitude stratum 
for Metroplex procedures. Additionally, the Marine Corps agreed to 
limit the maximum altitude for R-2509E to FL400 for only three days of 
the exercise otherwise the maximum altitude will be FL220. The FAA has 
further addressed the commenters concerns by restricting the airspace 
the Marine Corps will utilize within R-2509W to 8,000 feet MSL for the 
duration of the exercise and limiting the airspace above R-2509N to 
16,000 feet MSL for the duration of the exercise. These changes account 
for the differences from the 2016 NPRM that could not be agreed upon 
prior to the August 2016 exercise. Those operations were cancelled and 
the NPRM withdrawn due to inability to alleviate aeronautical concerns. 
The mitigations agreed to by the Marine Corps have adequately addressed 
the FAA's earlier concerns.
    In regard to the commenters' recommendation to expand to the east 
rather than into the corridor in the west, the Marine Corps conducted 
an extensive land use study which included a review of the possible 
expansion to the east side of the current restricted area. The planned 
exercise requires land and airspace that allows for close air support, 
which is the use of aviation in support of ground units, surface fires 
and maneuver areas that are oriented for continual progression 
throughout the exercise area. The study found that the land to the east 
was not a feasible alternative for the conduct of the planned exercise. 
Additionally, the use of surface fires is required to integrate with 
both fixed and rotary winged aircraft that would require the use of 
land the Department of Defense does not possess. Lastly, the Safety 
Risk Management Panel conducted by FAA identified the proposal added 
minimal impact to the National Airspace System (NAS) compared to daily 
operations.

Pilots Need Advanced Notifications of Activation and Awareness of Temp 
RAs

    AOPA stated concerns of the lack of awareness for pilots for Temp 
RAs as a whole. The infrequent use of Temp RAs in the past 20 years, 
lack of discussion within the aeronautical manuals for general aviation 
pilots, and lack of temporary special use airspace depicted 
electronically (most notably the electronic flight bag), all lead to 
the potential of a general aviation pilot to violate the Temp RAs. AOPA 
commented that the times of use in the NOTAM for the temporary 
restricted areas should be changed to provide 4 hours advance notice 
before the areas are activated.
    The FAA agrees and directed the Marine Corps to work within the 
current system to insure pilots are notified of the LSE by:
    1. Working with Los Angeles Center to establish ``Pointer NOTAMs'' 
to enhance coverage and visibility of the activities taking place.
    2. Publish Special Use Airspace NOTAMs no less than six hours prior 
to hazardous activity taking place.
    3. Work with the FAA to ensure the Temp RAs will be reflected on 
the FAA's SUA Web site: https://sua.faa.gov/sua/siteFrame.app, for 
current flight planning information.
    4. Coordinate with AOPA on public outreach matters.
    Additionally, the FAA has started the process to update 
aeronautical manuals to define what temporary special use airspace 
entails and developing a process to electronically display temporary 
special use airspace on the electronic flight bag.

Differences From the NPRM

    In response to comments and the FAA aeronautical study completed by 
Los Angeles Center, the FAA changed the internal boundaries of two of 
the restricted areas (R-2509N and R-2509W) that were proposed in the 
NPRM. Geographic lat./long. coordinates have been adjusted to 
accommodate traffic above and around the newly established temporary 
restricted areas ensure ample separation from non-participating 
traffic. The following restricted area updates are incorporated in this 
action.
    Three geographic lat./long. coordinates internal to R-2509N and R-
2509E have been changed and four new points were established.

The Rule

    The FAA is amending 14 CFR part 73 to establish new temporary 
restricted areas (R-2509E, R-2509W, and R-

[[Page 29382]]

2509N) at Twentynine Palms, CA. Subsequent to 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 accommodate live 
fire from pistols, rifles, machine guns, anti-tank weapons, mortars, 
artillery, Unmanned Aircraft Systems, fixed wing, and rotary wing 
training activities including close air support and live ordnance 
delivery. These temporary restricted areas are required to effectively 
deconflict Department of Defense and civilian air traffic from hazards 
associated with live fire training. The amendments are as follows:
    Temporary R-2509E: The geographic coordinate lat. 34[deg]40'30'' 
N., long. 116[deg]29'43'' W., in the boundaries description proposed in 
the NPRM is replaced with lat. 34[deg]39'24'' N., long. 116[deg]29'19'' 
W.; Geographic coordinate lat. 34[deg]34'17'' N., long. 116[deg]35'52'' 
W.; in the boundaries description proposed in the NPRM is replaced with 
lat. 34[deg]32'36'' N., long. 116[deg]35'12'' W.
    Temporary R-2509N: The geographic coordinate lat. 34[deg]39'24'' 
N., long. 116[deg]29'19'' W.; was added to the proposed legal 
description. The geographic coordinate lat. 34[deg]34'17'' N., long. 
116[deg]35'52'' W.; in the proposed boundaries description, is replaced 
with lat. 34[deg]32'36'' N., long. 116[deg]35'12'' W.
    Temporary R2509N/E/W: The ``times of use'' for each legal 
description has changed to read: Intermittent by NOTAM 6 hours in 
advance during the period from August 7 to August 26, 2017.

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

    In accordance with FAA Order 1050.1F, paragraphs 8-2 and 9-2, 
Adoption of Other Agencies' National Environmental Policy Act 
Documents, and Written Re-evaluations, and 7400.2L, paragraph 32-2-3, 
the FAA, after conducting an independent review and evaluation of the 
United States Navy's 2012 Final Environmental Impact Statement (EIS) 
and the U.S. Navy's 2017 Final Supplemental Environmental Impact 
Statement (2017 EIS) and Written Re-evaluation for Land Acquisition and 
Airspace Establishment to Support Large-Scale Marine Air Ground Task 
Force Live-Fire and Maneuver Training at Marine Corps Air Ground Combat 
Center, Twenty-nine Palms, California, has determined that the 2012 EIS 
and 2017 SEIS and their supporting documentation, as incorporated by 
reference, adequately assess and disclose the environmental impacts of 
the Proposed Action including evaluation of the establishment of 
airspace for six temporary restricted airspace areas R-2509, 2509E, 
2509W, and 2509N (aka R-2509 E/W/N)
    Based on the evaluation for potential environmental impact in the 
above-mentioned NEPA documents, the FAA, as the Cooperating Agency, 
concluded that adoption of the EIS for Land Acquisition and Airspace 
Establishment to Support Large-Scale Marine Air Ground Task Force Live-
Fire and Maneuver Training at Marine Corps Air Ground Combat Center, 
Twenty-nine Palms, California, with incorporation of its supporting 
documentation, is authorized in accordance with 40 CFR1506.3, Adoption. 
Accordingly, FAA adopts the 2012 EIS and 2017 EIS and takes full 
responsibility for the scope and content that address the FAA's 
airspace establishment action.

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.  73.25  California [Amended]

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

R-2509E Twentynine Palms, CA [New]

    Boundaries. Beginning at lat. 34[deg]39'24'' N., long. 
116[deg]29'19'' W.; to lat. 34[deg]36'00'' N., long. 116[deg]28'03'' 
W.; to lat. 34[deg]31'30'' N., long. 116[deg]26'48'' W.; to lat. 
34[deg]30'00'' N., long. 116[deg]26'23'' W.; to lat. 34[deg]21'35'' N., 
long. 116[deg]21'38'' W.; to lat. 34[deg]19'30'' N., long. 
116[deg]20'29'' W.; to lat. 34[deg]17'38'' N., long. 116[deg]19'19'' 
W.; to lat. 34[deg]22'25'' N., long. 116[deg]31'10'' W.; to lat. 
34[deg]32'36'' N., long. 116[deg]35'12'' W.; to the point of beginning.
    Designated altitudes. Surface to FL 400.
    Time of designation. Intermittent by NOTAM 6 hours in advance from 
August 7 to August 26, 2017.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center.
    Using agency. Commanding General, Marine Corps Air Ground Combat 
Center (MCAGCC), Twentynine Palms, CA.

R-2509W Twentynine Palms, CA [New]

    Boundaries. Beginning at lat. 34[deg]35'03'' N., long. 
116[deg]36'10'' W.; to lat. 34[deg]22'25'' N., long. 116[deg]31'10'' 
W.; to lat. 34[deg]27'38'' N., long. 116[deg]40'34'' W.; to lat. 
34[deg]27'59'' N., long. 116[deg]42'51'' W.; to lat. 34[deg]29'44'' N., 
long. 116[deg]42'51'' W.; to the point of beginning. Excluding that 
airspace within a 3.4-mile radius of point in space at lat. 
34[deg]25'32'' N., long. 116[deg]36'52'' W.; surface to 1,500 feet AGL.
    Designated altitudes. Surface to 8,000 feet MSL.
    Time of designation. Intermittent by NOTAM 6 hours in advance from 
August 7 to August 26, 2017.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center.
    Using agency. Commanding General, Marine Corps Air Ground Combat 
Center (MCAGCC), Twentynine Palms, CA.

R-2509N Twentynine Palms, CA [New]

    Boundaries. Beginning at lat. 34[deg]35'03'' N., long. 
116[deg]36'10'' W.; to lat. 34[deg]40'30'' N., long. 116[deg]29'43'' 
W.; to lat. 34[deg]39'24'' N., long. 116[deg]29'19'' W.; to lat. 
34[deg]32'36'' N., long. 116[deg]35'12'' W.; to the point of beginning.
    Designated altitudes. Surface to 16,000 feet MSL.
    Time of designation. Intermittent by NOTAM 6 hours in advance from 
August 7 to August 26, 2017.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center.
    Using agency. Commanding General, Marine Corps Air Ground Combat

[[Page 29383]]

Center (MCAGCC), Twentynine Palms, CA.
* * * * *

    Issued in Washington, DC, on June 22, 2017.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-13566 Filed 6-28-17; 8:45 am]
BILLING CODE 4910-13-P
29380 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

document. FAA Order 7400.11A lists Authority: 49 U.S.C. 106(f), 106(g); 40103, Authority for This Rulemaking
Class A, B, C, D, and E airspace areas, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389. The FAA’s authority to issue rules
air traffic service routes, and reporting regarding aviation safety is found in
points. § 71.1 [Amended] Title 49 of the United States Code.
The Rule ■ 2. The incorporation by reference in Subtitle I, Section 106 describes the
14 CFR 71.1 of FAA Order 7400.11A, authority of the FAA Administrator.
This amendment to Title 14, Code of
Airspace Designations and Reporting Subtitle VII, Aviation Programs,
Federal Regulations (14 CFR) part 71
Points, dated August 3, 2016, effective describes in more detail the scope of the
establishes Class E airspace extending
September 15, 2016, is amended as agency’s authority. This rulemaking is
upward from 700 feet above the surface
follows: promulgated under the authority
within a 7.3-mile radius of Finleyville
described in Subtitle VII, Part A,
Airpark, Finleyville, PA, to support the
Paragraph 6005 Class E Airspace Areas Subpart I, Section 40103. Under that
new RNAV (GPS) standard instrument Extending Upward From 700 Feet or More section, the FAA is charged with
approach procedures for IFR operations Above the Surface of the Earth. prescribing regulations to assign the use
at the airport.
* * * * * of the airspace necessary to ensure the
Regulatory Notices and Analyses safety of aircraft and the efficient use of
AEA PA E5 Finleyville, PA [New]
The FAA has determined that this airspace. This regulation is within the
Finleyville Airpark, PA scope of that authority as it would
regulation only involves an established (Lat. 40°14′45″ N., long. 80°00′44″ W.)
body of technical regulations for which establish the temporary restricted area
That airspace extending upward from 700 airspace at Twentynine Palms, CA, to
frequent and routine amendments are feet above the surface within a 7.3-mile
necessary to keep them operationally support a Marine Expeditionary Brigade
radius of Finleyville Airpark.
current. It, therefore: (1) Is not a level LSE and accommodate essential
Issued in College Park, Georgia, on June 22, USMC training requirements.
‘‘significant regulatory action’’ under 2017.
Executive Order 12866; (2) is not a Ryan W. Almasy, History
‘‘significant rule’’ under DOT Manager, Operations Support Group, Eastern On February 23, 2017, the FAA
Regulatory Policies and Procedures (44 Service Center, Air Traffic Organization. published in the Federal Register a
FR 11034; February 26, 1979); and (3) [FR Doc. 2017–13568 Filed 6–28–17; 8:45 am] notice of proposed rulemaking (NPRM)
does not warrant preparation of a
BILLING CODE 4910–13–P (82 FR 11414), Docket No. FAA–2016–
regulatory evaluation as the anticipated
9536, to establish Temp RAs R–2509E,
impact is so minimal. Since this is a
R–2509W, and R–2509N, Twentynine
routine matter that only affects air traffic DEPARTMENT OF TRANSPORTATION Palms, CA, to support a Marine
procedures and air navigation, it is
Expeditionary Brigade level LSE.
certified that this rule, when Federal Aviation Administration Interested parties were invited to
promulgated, does not have a significant
participate in this rulemaking effort by
economic impact on a substantial 14 CFR Part 73 submitting written comments on the
number of small entities under the
[Docket No. FAA–2016–9536; Airspace proposal. Five comments were received;
criteria of the Regulatory Flexibility Act.
Docket No. 16–AWP–27] four from individuals and one from
Environmental Review Aircraft Owners and Pilots Association
Establishment of Temporary Restricted (AOPA).
The FAA has determined that this Areas R–2509E, R–2509W, and R–
action qualifies for categorical exclusion 2509N; Twentynine Palms, CA Discussion of Comments
under the National Environmental In their response to the NPRM, the
Policy Act in accordance with FAA AGENCY: Federal Aviation
commenters raised several substantive
Order 1050.1F, ‘‘Environmental Administration (FAA), DOT.
issues. The commenters contend the
Impacts: Policies and Procedures,’’ ACTION: Final rule. temporary restricted airspace design
paragraph 5–6.5a. This airspace action could be managed through alternative
is not expected to cause any potentially SUMMARY: This action establishes
temporary restricted areas (Temp RAs) airspace management methods like
significant environmental impacts, and temporary flight restrictions or
no extraordinary circumstances exist R–2509E, R–2509W, and R–2509N,
Twentynine Palms, CA, to support a controlled firing areas. Additionally,
that warrant preparation of an commenters contended that the location
environmental assessment. Marine Expeditionary Brigade level
Large Scale Exercise (LSE) planned for and lack of knowledge of temporary
Lists of Subjects in 14 CFR Part 71 existing and newly acquired training restricted areas would have a negative
lands at Marine Corps Air Ground impact on general aviation aircraft. One
Airspace, Incorporation by reference,
Combat Center (MCAGCC), Twentynine commenter supported the exercise to
Navigation (air).
Palms from August 7 to August 26, allow warfighters the opportunity to
Adoption of the Amendment 2017. practice tactics in preparation for actual
In consideration of the foregoing, the war. The comments have been
DATES: Effective date 0901 UTC, August categorized in the following groupings:
Federal Aviation Administration 7, 2017.
amends 14 CFR part 71 as follows: (1) Alternative designation of the
FOR FURTHER INFORMATION CONTACT: airspace as a temporary flight restriction
Kenneth Ready, Airspace Policy and (TFR) or as a controlled firing area
nlaroche on DSK30NT082PROD with RULES

PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR Regulations Group, Office of Airspace (CFA); (2) the general concern that R–
TRAFFIC SERVICE ROUTES; AND Services, Federal Aviation 2509W creates a narrow funneling of
REPORTING POINTS Administration, 800 Independence traffic at a known ‘‘choke point’’ of
Avenue SW., Washington, DC 20591; airspace; and (3) the need for advanced
■ 1. The authority citation for part 71 telephone: (202) 267–8783. notification of pilots of activation and
continues to read as follows: SUPPLEMENTARY INFORMATION: awareness of temporary restricted areas.

VerDate Sep<11>2014 15:31 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations 29383

Center (MCAGCC), Twentynine Palms, General Counsel, NASA Headquarters, List of Subjects in 14 CFR Part 1261
CA. telephone (202) 358–0216. Claims.
* * * * * SUPPLEMENTARY INFORMATION: Accordingly, 14 CFR part 1261 is
Issued in Washington, DC, on June 22, Direct Final Rule amended as follows:
2017.
Rodger A. Dean, Jr., NASA has determined this PART 1261—PROCESSING OF
Manager, Airspace Policy Group. rulemaking meets the criteria for a MONETARY CLAIMS (GENERAL)
[FR Doc. 2017–13566 Filed 6–28–17; 8:45 am] direct final rule because it involves non-
discretionary statutory modifications to ■ 1. The authority citation for part 1261
BILLING CODE 4910–13–P
certain of NASA’s claims and is revised to read as follows:
indebtedness approval authorities and Authority: Subparts 1261.4, 1261.5, and
makes nonsubstantive and ‘‘plain 1261.6 issued under 51 U.S.C. 20113; 31
NATIONAL AERONAUTICS AND wording’’ changes to existing U.S.C. 3711 et seq.; 5 U.S.C. 5514; 31 CFR
SPACE ADMINISTRATION notification and review procedures parts 900 through 904; 5 CFR part 550,
within NASA. However, if the Agency subpart K, §§ 550.1101 through 550.1107.
14 CFR Part 1261
receives a significant adverse comment, Subpart 1261.3—Claims Against NASA
[Document Number NASA–2017–0003; it will withdraw this direct final rule by or Its Employees for Damage to or
Notice: 17–040] publishing a notice in the Federal Loss of Property or Personal Injury or
Register. A significant adverse comment Death—Accruing On or After January
RIN 2700–AD83 is one that explains: (1) Why the direct 18, 1967
final rule is inappropriate, including
Processing of Monetary Claims challenges to the rule’s underlying ■ 2. The authority citation for subpart
AGENCY: National Aeronautics and premise or approach; or (2) why the 1261.3 is revised to read as follows:
Space Administration. direct final rule will be ineffective or
Authority: 28 U.S.C. 2671–2680, 51 U.S.C.
unacceptable without a change. In
ACTION: Direct final rule. 20113(m), and 28 CFR part 14.
determining whether a comment
SUMMARY: This direct final rule makes necessitates withdrawal of this direct ■ 3. Amend § 1261.301 by revising
changes to comply with statutory final rule, NASA will consider whether paragraphs (b) and (c) to read as follows:
modifications increasing NASA’s it warrants a substantive response in a § 1261.301 Authority.
approval authority for certain actions notice and comment process.
* * * * *
from $20,000 to $100,000 and makes Statutory Authority: Title 31, Subchapter (b) Under 51 U.S.C. 20113(m)(1),
nonsubstantive changes to clarify the II, Section 3711(a)(2) Collection and
NASA is authorized to consider,
existing notification and review compromise.
ascertain, adjust, determine, settle, and
procedures. Pursuant to statutory Regulatory Analysis pay, on behalf of the United States, in
amendments, NASA’s authority to full satisfaction thereof, any claim for
approve certain claims has increased Paperwork Reduction Act Statement
$25,000 or less against the United States
from $20,000 to $100,000. NASA is for bodily injury, death, or damage to or
This final rule does not contain an
amending its implementing regulation loss of real or personal property
information collection requirement that
accordingly. Prior to this statutory resulting from the conduct of NASA’s
is subject to the Paperwork Reduction
change, amounts over $20,000 had to be functions as specified in 51 U.S.C.
Act of 1995 (44 U.S.C. 3501 et seq.).
forwarded to officials within the 20112. At the discretion of NASA, a
Department of Justice for approval. The Executive Order 12866 and Executive claim may be settled and paid under
additional changes to procedures were Order 13563 this authority even though the United
made to comply with ‘‘plain wording’’ States could not be held legally liable to
Executive Orders 13563 and 12866
criteria and to incorporate debt the claimant.
direct agencies to assess all costs and
collection procedural changes (c) Under 51 U.S.C. 20113(m)(2), if
benefits of available regulatory
implemented under the Debt Collection NASA considers that a claim in excess
alternatives and, if regulation is
Improvement Act of 1996. No of $25,000 is meritorious and would
necessary, to select regulatory
substantive changes were made to otherwise be covered by 51 U.S.C.
approaches that maximize net benefits
existing NASA provisions for notice and 20113(m)(1), NASA may report the facts
(including potential economic,
review of claims or indebtedness. The and circumstances of the claim to the
environmental, public health and safety
revision to this rule is part of NASA’s Congress for its consideration or to the
effects, distributive impacts, and
retrospective plan under Executive Comptroller General as provided in the
equity). Executive Order 13563
Order (E.O.) 13563 completed in August ‘‘Supplemental Appropriations Act,
emphasizes the importance of
2011. 1978,’’ Public Law 95–240 (92 Stat.
quantifying both costs and benefits, of
DATES: This direct final rule is effective reducing costs, of harmonizing rules, 107), 31 U.S.C. 724a.
August 28, 2017. Comments due on or and of promoting flexibility. This final * * * * *
before July 31, 2017. If adverse rule has been designated a ‘‘not ■ 4. Revise § 1261.304 to read as
comments are received, NASA will significant.’’
publish a timely withdrawal of the rule follows:
in the Federal Register. Regulatory Flexibility Act § 1261.304 Place of filing claim.
nlaroche on DSK30NT082PROD with RULES

ADDRESSES: NASA’s full plan can be It has been certified that this final rule A claim arising in the United States
accessed on the Agency’s open is not subject to the Regulatory should be submitted to the Chief
Government Web site at http:// Flexibility Act (5 U.S.C. 601) because it Counsel of the NASA installation whose
www.nasa.gov/open/. would not, if promulgated, have a activities are believed to have given rise
FOR FURTHER INFORMATION CONTACT: significant economic impact on a to the claimed injury, loss, or death. If
Bryan R. Diederich, Office of the substantial number of small entities. the identity of such installation is not

VerDate Sep<11>2014 15:31 Jun 28, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1
Document Created: 2018-11-14 10:17:19
Document Modified: 2018-11-14 10:17:19
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, August 7, 2017.
Contact		Kenneth Ready, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.
FR Citation		82 FR 29380
CFR Associated		Airspace; Prohibited Areas and Restricted Areas
82 FR 29380 - Establishment of Temporary Restricted Areas R-2509E, R-2509W, and R-2509N; Twentynine Palms, CA

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 124 (June 29, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
