82_FR_44906 82 FR 44721 - Establishment of Restricted Area R-2306F; Yuma Proving Ground, AZ

82 FR 44721 - Establishment of Restricted Area R-2306F; Yuma Proving Ground, AZ

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range44721-44723
FR Document2017-20590

This action establishes restricted area R-2306F in the vicinity of Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. The restricted area allows Yuma Proving Ground (YPG) to maximize the existing fixed infrastructure to support current and future hazardous test programs while minimizing the risk to public and non-participating aircraft. These programs involve ground and airborne testing of non- eye-safe lasers, high energy radars and the development of unproven weapon systems and this ensures the safer testing and evaluation of these programs without impacting non-participating aircraft and general public.

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44721-44723]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20590]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-7055; Airspace Docket No. 15-AWP-11]


Establishment of Restricted Area R-2306F; Yuma Proving Ground, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes restricted area R-2306F in the 
vicinity of Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. The 
restricted area allows Yuma Proving Ground (YPG) to maximize the 
existing fixed infrastructure to support current and future hazardous 
test programs while minimizing the risk to public and non-participating 
aircraft. These programs involve ground and airborne testing of non-
eye-safe lasers, high energy radars and the development of unproven 
weapon systems and this ensures the safer testing and evaluation of 
these programs without impacting non-participating aircraft and general 
public.

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

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, Federal

[[Page 44722]]

Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it modifies the air traffic service route structure in the 
north central United States to maintain the efficient flow of air 
traffic.

History

    On July 25, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) (81 FR 48364), Docket No. FAA-
2016-7055, to establish restricted area R-2306F, Yuma Proving Ground, 
AZ.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. No comments were 
received.

Differences From the NPRM

    Subsequent to publication of the NPRM, the FAA identified 
geographic coordinates to more accurately reflect the existing 
boundaries using digital charting capabilities. The geographic 
coordinates identifying Laguna Army Airfield required a slight 
adjustment to accurately reflect the exact location. The geographic 
coordinates before and after Laguna Army Airfield needed to be 
corrected to ensure the FAA digital database meet tolerances of gap 
analysis.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish a new restricted area (R-2306F) in the vicinity of 
Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. This action also 
incorporates the restricted area updates noted in the ``Differences 
from the NPRM'' section of this final rule. The FAA is taking this 
action for testing that includes both ground and air-to-ground 
propagation of non-eye-safe lasers, high power radars and 
developmental, unproven weapons systems. Testing includes the actual 
operation of these systems using various proven and unproven aircraft 
platforms. Due to the hazards of these systems, it is imperative that 
these activities be segregated within a restricted area. The changes 
from the NPRM are as follows:
    R-2306F: The geographic coordinates proposed as ``lat. 
32[deg]51'18'' N., long. 114[deg]19'29'' W.'' in the boundaries 
description are changed to ``lat. 32[deg]51'19'' N., long. 
114[deg]19'29'' W.'' Additionally, the geographic coordinates proposed 
as ``lat. 32[deg]51'52'' N., long. 114[deg]23'34'' W.'' in the 
boundaries description are changed to ``lat. 32[deg]51'53'' N., long. 
114[deg]23'35'' W.'' Lastly, the geographic coordinates proposed as 
``lat. 32[deg]49'30'' N., long. 114[deg]26'39'' W.'' in the boundaries 
description are changed to ``lat. 32[deg]49'30'' N., long. 
114[deg]26'38'' W.'' These coordinates are changed from the NPRM to 
ensure the FAA digital database meet tolerances of gap analysis.

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 a new 
restricted area (R-2306F) in the vicinity of Laguna Army Airfield (LGF) 
at Yuma Proving Ground, AZ, qualifies for FAA adoption as authorized 
under 40 CFR 1506.3, and 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.
    FAA's environmental impact review included an independent 
evaluation and adoption of the Army's Supplemental Environmental 
Assessment (SEA) for Proposed Special Use Airspace at Laguna Army 
Airfield, Yuma, Arizona which included the establishment of Restricted 
Area Airspace R-2306F. The Army's SEA, for which the FAA was a 
cooperating agency, was published July 2015 with issuance of its 
Finding of No Significant Impact (FONSI) on September 28, 2015.
    The FAA has carefully considered its statutory mandate under 49 
U.S.C. 40103 to ensure the safe and efficient use of the National 
Airspace System as well as the other aeronautical goals and objectives 
discussed in the Army's SEA, and has determined that the Army's 
Proposed Action provides the best airspace combination for meeting the 
needs stipulated in its SEA, that the SEA adequately assesses and 
discloses the environmental impacts of the Proposed Action, and that 
all practicable means to avoid or minimize environmental harm from that 
alternative have been adopted. Additionally, the FAA has determined 
that there have not been substantial changes to the Army's Proposed 
Action relevant to environmental concerns, and that there are no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the Proposed Action or its impacts. Therefore, 
the FAA has concluded that an additional supplement to the Supplemental 
EA is not required.
    A copy of the FAA's Adoption EA and FONSI/ROD document is available 
at https://www.regulations.gov/ by referencing this docket number.

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.  73.23  [Amended]

0
2. Section 73.23 is amended as follows:
* * * * *

R-2306F, Yuma West, AZ [New]

    Boundaries: Beginning at latitude 32[deg]51'52'' N., longitude 
114[deg]26'52'' W.; to latitude 32[deg]52'30'' N., longitude 
114[deg]21'03'' W.; to latitude 32[deg]51'15'' N., longitude 
114[deg]21'03'' W.; to latitude 32[deg]51'19'' N., longitude 
114[deg]19'29'' W.;

[[Page 44723]]

then clockwise along a 3.5 NM arc centered at latitude 32[deg]51'53'' 
N., longitude 114[deg]23'35'' W.; to latitude 32[deg]49'30'' N., 
longitude 114[deg]26'38'' W.; to latitude 32[deg]49'51'' N., longitude 
114[deg]26'38'' W.; to latitude 32[deg]50'08'' N., longitude 
114[deg]26'3'' W.; to latitude 32[deg]50'17'' N., longitude 
114[deg]26'19'' W.; to latitude 32[deg]50'31'' N., longitude 
114[deg]26'17'' W.; to latitude 32[deg]50'42'' N., longitude 
114[deg]26'9'' W.; to latitude 32[deg]51'11'' N., longitude 
114[deg]26'34'' W.; to the point of beginning.
    Designated altitudes: Surface to and including 1,700 feet MSL.
    Time of Designation: Intermittent, 0600-1800 local time, Monday-
Saturday; other times by NOTAM.
    Controlling Agency: Yuma Approach Control, MCAS Yuma, AZ.
    Using Agency: U.S. Army, Commanding Officer, Yuma Proving Ground, 
Yuma, AZ.

    Issued in Washington, DC, on September 20, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-20590 Filed 9-25-17; 8:45 am]
BILLING CODE 4910-13-P



                                                              Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations                                            44721

                                             promulgated under the authority                         approach procedures is necessary for                    Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                             described in Subtitle VII, Part A,                      IFR operations at the airport due to the              40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                             Subpart I, Section 40103. Under that                    decommissioning of the Wayne NDB,                     1959–1963 Comp., p. 389.
                                             section, the FAA is charged with                        and cancellation of the NDB approach.                 § 71.1       [Amended]
                                             prescribing regulations to assign the use               The name and geographic coordinates of
                                             of airspace necessary to ensure the                     the airport also are updated to be in                 ■ 2. The incorporation by reference in
                                             safety of aircraft and the efficient use of             concert with the FAA’s aeronautical                   14 CFR 71.1 of FAA Order 7400.11B,
                                             airspace. This regulation is within the                 database. This action enhances the                    Airspace Designations and Reporting
                                             scope of that authority as it would                     safety and management of the standard                 Points, dated August 3, 2017, and
                                             modify Class E airspace extending up to                 instrument approach procedures for IFR                effective September 15, 2017, is
                                             and including 700 feet above the surface                operations at the airport.                            amended as follows:
                                             area at Wayne Municipal/Stan Morris                                                                           Paragraph 6005 Class E Airspace Areas
                                             Field, Wayne, NE, in support of the                     Regulatory Notices and Analyses                       Extending Upward From 700 Feet or More
                                             instrument approach procedures for IFR                     The FAA has determined that this                   Above the Surface of the Earth.
                                             operations at the airport. The geographic               regulation only involves an established               *        *      *    *    *
                                             coordinates of the airport also will be                 body of technical regulations for which               ACE NE E5 Wayne, NE [Amended]
                                             updated to be in concert with the FAA’s                 frequent and routine amendments are
                                             aeronautical database.                                                                                        Wayne Municipal/Stan Morris Field, NE
                                                                                                     necessary to keep them operationally                    (Lat. 42°14′30″ N., long. 96°58′56″ W.)
                                             History                                                 current, is non-controversial and
                                                                                                                                                             That airspace extending upward from 700
                                                                                                     unlikely to result in adverse or negative             feet above the surface within a 6.5-mile
                                                The FAA published in the Federal                     comments. It, therefore: (1) Is not a
                                             Register (82 FR 22924, May 19, 2017)                                                                          radius of Wayne Municipal/Stan Morris
                                                                                                     ‘‘significant regulatory action’’ under               Field.
                                             Docket No. FAA–2017–0287 a notice of                    Executive Order 12866; (2) is not a
                                             proposed rulemaking (NPRM) to modify                    ‘‘significant rule’’ under DOT
                                                                                                                                                             Issued in Fort Worth, Texas, on September
                                             Class E airspace extending upward from                                                                        15, 2017.
                                                                                                     Regulatory Policies and Procedures (44
                                             700 feet above the surface at Wayne                     FR 11034; February 26, 1979); and (3)
                                                                                                                                                           Vonnie Royal,
                                             Municipal/Stan Morris Field (formally                   does not warrant preparation of a                     Acting Manager, Operations Support Group,
                                             the Wayne Municipal Airport), Wayne,                    regulatory evaluation as the anticipated
                                                                                                                                                           ATO Central Service Center.
                                             NE. Subsequent to the publication of the                impact is so minimal. Since this is a                 [FR Doc. 2017–20433 Filed 9–25–17; 8:45 am]
                                             NPRM, the FAA found that the airport                    routine matter that will only affect air              BILLING CODE 4910–13–P
                                             name had a name change to Wayne                         traffic procedures and air navigation, it
                                             Municipal/Stan Morris Field from the                    is certified that this rule, when
                                             Wayne Municipal Airport. Interested                     promulgated, would not have a                         DEPARTMENT OF TRANSPORTATION
                                             parties were invited to participate in                  significant economic impact on a
                                             this rulemaking effort by submitting                                                                          Federal Aviation Administration
                                                                                                     substantial number of small entities
                                             written comments on the proposal to the                 under the criteria of the Regulatory
                                             FAA. No comments were received.                                                                               14 CFR Part 73
                                                                                                     Flexibility Act.
                                                Class E airspace designations are                                                                          [Docket No. FAA–2016–7055; Airspace
                                             published in paragraph 6005 of FAA                      Environmental Review                                  Docket No. 15–AWP–11]
                                             Order 7400.11B, dated August 3, 2017,
                                             and effective September 15, 2017, which                    The FAA has determined that this                   Establishment of Restricted Area
                                             is incorporated by reference in 14 CFR                  action qualifies for categorical exclusion            R–2306F; Yuma Proving Ground, AZ
                                             71.1. The Class E airspace designations                 under the National Environmental
                                                                                                     Policy Act in accordance with FAA                     AGENCY:  Federal Aviation
                                             listed in this document will be
                                                                                                     Order 1050.1F, ‘‘Environmental                        Administration (FAA), DOT.
                                             published subsequently in the Order.
                                                                                                     Impacts: Policies and Procedures,’’                   ACTION: Final rule.
                                             Availability and Summary of                             paragraph 5–6.5.a. This airspace action
                                             Documents for Incorporation by                          is not expected to cause any potentially              SUMMARY:    This action establishes
                                             Reference                                               significant environmental impacts, and                restricted area R–2306F in the vicinity
                                                                                                     no extraordinary circumstances exist                  of Laguna Army Airfield (LGF) at Yuma
                                                This document amends FAA Order
                                                                                                     that warrant preparation of an                        Proving Ground, AZ. The restricted area
                                             7400.11B, Airspace Designations and
                                                                                                     environmental assessment.                             allows Yuma Proving Ground (YPG) to
                                             Reporting Points, dated August 3, 2017,
                                                                                                                                                           maximize the existing fixed
                                             and effective September 15, 2017. FAA                   List of Subjects in 14 CFR Part 71                    infrastructure to support current and
                                             Order 7400.11B is publicly available as
                                                                                                      Airspace, Incorporation by reference,                future hazardous test programs while
                                             listed in the ADDRESSES section of this
                                                                                                     Navigation (air).                                     minimizing the risk to public and non-
                                             document. FAA Order 7400.11B lists
                                                                                                                                                           participating aircraft. These programs
                                             Class A, B, C, D, and E airspace areas,                 Adoption of the Amendment                             involve ground and airborne testing of
                                             air traffic service routes, and reporting
                                                                                                                                                           non-eye-safe lasers, high energy radars
                                             points.                                                   In consideration of the foregoing, the
                                                                                                                                                           and the development of unproven
                                                                                                     Federal Aviation Administration
                                             The Rule                                                                                                      weapon systems and this ensures the
                                                                                                     amends 14 CFR part 71 as follows:
                                               This amendment to Title 14 Code of                                                                          safer testing and evaluation of these
Pmangrum on DSK3GDR082PROD with RULES




                                             Federal Regulations (14 CFR) part 71                    PART 71—DESIGNATION OF CLASS A,                       programs without impacting non-
                                             amends Class E airspace extending                       B, C, D, AND E AIRSPACE AREAS; AIR                    participating aircraft and general public.
                                             upward from 700 feet above the surface                  TRAFFIC SERVICE ROUTES; AND                           DATES: Effective date 0901 UTC,
                                             within a 6.5-mile radius (reduced from                  REPORTING POINTS                                      December 7, 2017.
                                             a 7.5-mile radius) of Wayne Municipal/                                                                        FOR FURTHER INFORMATION CONTACT:
                                             Stan Morris Field, Wayne, NE. Airspace                  ■ 1. The authority citation for 14 CFR                Kenneth Ready, Airspace Policy Group,
                                             redesign of standard instrument                         part 71 continues to read as follows:                 Office of Airspace Services, Federal


                                        VerDate Sep<11>2014   15:04 Sep 25, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM   26SER1


                                             44722            Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations

                                             Aviation Administration, 800                            systems. Testing includes the actual                  Use Airspace at Laguna Army Airfield,
                                             Independence Avenue SW.,                                operation of these systems using various              Yuma, Arizona which included the
                                             Washington, DC 20591; telephone:                        proven and unproven aircraft platforms.               establishment of Restricted Area
                                             (202) 267–8783.                                         Due to the hazards of these systems, it               Airspace R–2306F. The Army’s SEA, for
                                             SUPPLEMENTARY INFORMATION:                              is imperative that these activities be                which the FAA was a cooperating
                                                                                                     segregated within a restricted area. The              agency, was published July 2015 with
                                             Authority for This Rulemaking                           changes from the NPRM are as follows:                 issuance of its Finding of No Significant
                                               The FAA’s authority to issue rules                       R–2306F: The geographic coordinates                Impact (FONSI) on September 28, 2015.
                                             regarding aviation safety is found in                   proposed as ‘‘lat. 32°51′18″ N., long.                   The FAA has carefully considered its
                                             Title 49 of the United States Code.                     114°19′29″ W.’’ in the boundaries                     statutory mandate under 49 U.S.C.
                                             Subtitle I, Section 106 describes the                   description are changed to ‘‘lat.                     40103 to ensure the safe and efficient
                                             authority of the FAA Administrator.                     32°51′19″ N., long. 114°19′29″ W.’’                   use of the National Airspace System as
                                             Subtitle VII, Aviation Programs,                        Additionally, the geographic                          well as the other aeronautical goals and
                                             describes in more detail the scope of the               coordinates proposed as ‘‘lat. 32°51′52″              objectives discussed in the Army’s SEA,
                                             agency’s authority. This rulemaking is                  N., long. 114°23′34″ W.’’ in the                      and has determined that the Army’s
                                             promulgated under the authority                         boundaries description are changed to                 Proposed Action provides the best
                                             described in Subtitle VII, Part A,                      ‘‘lat. 32°51′53″ N., long. 114°23′35″ W.’’            airspace combination for meeting the
                                             Subpart I, Section 40103. Under that                    Lastly, the geographic coordinates                    needs stipulated in its SEA, that the
                                             section, the FAA is charged with                        proposed as ‘‘lat. 32°49′30″ N., long.                SEA adequately assesses and discloses
                                             prescribing regulations to assign the use               114°26′39″ W.’’ in the boundaries                     the environmental impacts of the
                                             of the airspace necessary to ensure the                 description are changed to ‘‘lat.                     Proposed Action, and that all
                                             safety of aircraft and the efficient use of             32°49′30″ N., long. 114°26′38″ W.’’                   practicable means to avoid or minimize
                                             airspace. This regulation is within the                 These coordinates are changed from the                environmental harm from that
                                             scope of that authority as it modifies the              NPRM to ensure the FAA digital                        alternative have been adopted.
                                             air traffic service route structure in the              database meet tolerances of gap                       Additionally, the FAA has determined
                                             north central United States to maintain                 analysis.                                             that there have not been substantial
                                             the efficient flow of air traffic.                      Regulatory Notices and Analyses                       changes to the Army’s Proposed Action
                                             History                                                                                                       relevant to environmental concerns, and
                                                                                                        The FAA has determined that this
                                                                                                                                                           that there are no significant new
                                               On July 25, 2016, the FAA published                   regulation only involves an established
                                                                                                                                                           circumstances or information relevant to
                                             in the Federal Register a notice of                     body of technical regulations for which
                                                                                                                                                           environmental concerns and bearing on
                                             proposed rulemaking (NPRM) (81 FR                       frequent and routine amendments are
                                                                                                                                                           the Proposed Action or its impacts.
                                             48364), Docket No. FAA–2016–7055, to                    necessary to keep them operationally
                                                                                                                                                           Therefore, the FAA has concluded that
                                             establish restricted area R–2306F, Yuma                 current. It, therefore: (1) Is not a
                                                                                                                                                           an additional supplement to the
                                             Proving Ground, AZ.                                     ‘‘significant regulatory action’’ under
                                                                                                                                                           Supplemental EA is not required.
                                               Interested parties were invited to                    Executive Order 12866; (2) is not a                      A copy of the FAA’s Adoption EA and
                                             participate in this rulemaking effort by                ‘‘significant rule’’ under Department of              FONSI/ROD document is available at
                                             submitting written comments on the                      Transportation (DOT) Regulatory                       https://www.regulations.gov/ by
                                             proposal. No comments were received.                    Policies and Procedures (44 FR 11034;                 referencing this docket number.
                                                                                                     February 26, 1979); and (3) does not
                                             Differences From the NPRM                               warrant preparation of a regulatory                   List of Subjects in 14 CFR Part 73
                                               Subsequent to publication of the                      evaluation as the anticipated impact is                 Airspace, Prohibited areas, Restricted
                                             NPRM, the FAA identified geographic                     so minimal. Since this is a routine                   areas.
                                             coordinates to more accurately reflect                  matter that only affects air traffic
                                             the existing boundaries using digital                   procedures and air navigation, it is                  Adoption of the Amendment
                                             charting capabilities. The geographic                   certified that this rule, when                          In consideration of the foregoing, the
                                             coordinates identifying Laguna Army                     promulgated, does not have a significant              Federal Aviation Administration
                                             Airfield required a slight adjustment to                economic impact on a substantial                      amends 14 CFR part 73 as follows:
                                             accurately reflect the exact location. The              number of small entities under the
                                             geographic coordinates before and after                 criteria of the Regulatory Flexibility Act.           PART 73—SPECIAL USE AIRSPACE
                                             Laguna Army Airfield needed to be
                                             corrected to ensure the FAA digital                     Environmental Review                                  ■ 1. The authority citation for part 73
                                             database meet tolerances of gap                           The FAA has determined that this                    continues to read as follows:
                                             analysis.                                               action of establishing a new restricted                 Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                     area (R–2306F) in the vicinity of Laguna              40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                             The Rule                                                Army Airfield (LGF) at Yuma Proving                   1959–1963 Comp., p. 389.
                                                The FAA is amending Title 14 Code                    Ground, AZ, qualifies for FAA adoption
                                             of Federal Regulations (14 CFR) part 73                                                                       § 73.23    [Amended]
                                                                                                     as authorized under 40 CFR 1506.3, and
                                             to establish a new restricted area (R–                  in accordance with FAA Order 1050.1F,                 ■ 2. Section 73.23 is amended as
                                             2306F) in the vicinity of Laguna Army                   paragraphs 8–2 and 9–2, Adoption of                   follows:
                                             Airfield (LGF) at Yuma Proving Ground,                  Other Agencies’ National                              *     *    *     *     *
                                             AZ. This action also incorporates the                   Environmental Policy Act Documents,
Pmangrum on DSK3GDR082PROD with RULES




                                             restricted area updates noted in the                    and Written Re-evaluations, and                       R–2306F, Yuma West, AZ [New]
                                             ‘‘Differences from the NPRM’’ section of                7400.2L, paragraph 32–2–3.                              Boundaries: Beginning at latitude
                                             this final rule. The FAA is taking this                   FAA’s environmental impact review                   32°51′52″ N., longitude 114°26′52″ W.;
                                             action for testing that includes both                   included an independent evaluation                    to latitude 32°52′30″ N., longitude
                                             ground and air-to-ground propagation of                 and adoption of the Army’s                            114°21′03″ W.; to latitude 32°51′15″ N.,
                                             non-eye-safe lasers, high power radars                  Supplemental Environmental                            longitude 114°21′03″ W.; to latitude
                                             and developmental, unproven weapons                     Assessment (SEA) for Proposed Special                 32°51′19″ N., longitude 114°19′29″ W.;


                                        VerDate Sep<11>2014   15:04 Sep 25, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM    26SER1


                                                              Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations                                              44723

                                             then clockwise along a 3.5 NM arc                         First Street NE., Washington, DC                    issued to NERC,3 the Commission has
                                             centered at latitude 32°51′53″ N.,                        20426, Telephone: (202) 502–8718,                   determined that it will not, at this time,
                                             longitude 114°23′35″ W.; to latitude                      Syed.Ahmad@ferc.gov                                 direct NERC to restore existing
                                             32°49′30″ N., longitude 114°26′38″ W.;                  Julie Greenisen (Legal Information),                  requirements in Requirement R15 of
                                             to latitude 32°49′51″ N., longitude                       Office of the General Counsel, Federal              Reliability Standard BAL–005–0.2b
                                             114°26′38″ W.; to latitude 32°50′08″ N.,                  Energy Regulatory Commission, 888                   related to maintaining and testing
                                             longitude 114°26′3″ W.; to latitude                       First Street NE., Washington, DC                    backup power supplies at primary
                                             32°50′17″ N., longitude 114°26′19″ W.;                    20426, Telephone: (202) 502–6362,                   control centers and other critical
                                             to latitude 32°50′31″ N., longitude                       Julie.Greenisen@ferc.gov.                           locations. We also approve NERC’s
                                             114°26′17″ W.; to latitude 32°50′42″ N.,                                                                      request to retire Reliability Standard
                                             longitude 114°26′9″ W.; to latitude                     SUPPLEMENTARY INFORMATION:                            BAL–006–2, BAL–005–0.2b and FAC–
                                             32°51′11″ N., longitude 114°26′34″ W.;                                                                        001–2 upon the effective date of
                                                                                                     ORDER NO. 836
                                             to the point of beginning.                                                                                    Reliability Standard BAL–005–1.
                                               Designated altitudes: Surface to and                  FINAL RULE
                                             including 1,700 feet MSL.                                                                                     I. Background
                                               Time of Designation: Intermittent,                       1. Pursuant to section 215 of the                  A. Mandatory Reliability Standards and
                                             0600–1800 local time, Monday–                           Federal Power Act (FPA),1 the                         Order No. 693
                                             Saturday; other times by NOTAM.                         Commission approves Reliability
                                               Controlling Agency: Yuma Approach                     Standards BAL–005–1 (Balancing                           3. Section 215 of the FPA requires a
                                             Control, MCAS Yuma, AZ.                                 Authority Control) and FAC–001–3                      Commission-certified Electric
                                               Using Agency: U.S. Army,                              (Facility Interconnection Requirements),              Reliability Organization (ERO) to
                                             Commanding Officer, Yuma Proving                        submitted by the North American                       develop mandatory and enforceable
                                             Ground, Yuma, AZ.                                       Electric Reliability Corporation (NERC),              Reliability Standards that are subject to
                                                                                                     as well as the retirement of Reliability              Commission review and approval.
                                               Issued in Washington, DC, on September                                                                      Specifically, the Commission may
                                             20, 2017.                                               Standards BAL–005–0.2b (Automatic
                                                                                                     Generation Control), FAC–001–2                        approve, by rule or order, a proposed
                                             Rodger A. Dean Jr.,                                                                                           Reliability Standard or modification to a
                                             Manager, Airspace Policy Group.
                                                                                                     (Facility Interconnection Requirements),
                                                                                                     and BAL–006–2 (Inadvertent                            Reliability Standard if it determines that
                                             [FR Doc. 2017–20590 Filed 9–25–17; 8:45 am]                                                                   the Reliability Standard is just,
                                                                                                     Interchange). The Commission also
                                             BILLING CODE 4910–13–P
                                                                                                     approves the associated implementation                reasonable, not unduly discriminatory
                                                                                                     plans, violation risk factors, and                    or preferential and in the public
                                                                                                     violation severity levels for Reliability             interest.4 Once approved, the Reliability
                                             DEPARTMENT OF ENERGY                                    Standards BAL–005–1 and FAC–001–3.                    Standards may be enforced by NERC,
                                                                                                     Finally, the Commission approves three                subject to Commission oversight, or by
                                             Federal Energy Regulatory                                                                                     the Commission independently.5
                                                                                                     revised definitions for the glossary of
                                             Commission                                                                                                       4. Pursuant to section 215 of the FPA,
                                                                                                     terms used in NERC’s Reliability
                                                                                                     Standards (NERC Glossary).                            the Commission established a process to
                                             18 CFR Part 40                                                                                                select and certify an ERO,6 and
                                                                                                        2. The Commission determines that                  subsequently certified NERC as the
                                             [Docket No. RM16–13–000; Order No. 836]                 Reliability Standards BAL–005–1 and                   ERO.7 On March 16, 2007, the
                                                                                                     FAC–001–3 will enhance the reliability                Commission issued Order No. 693,
                                             Balancing Authority Control,
                                                                                                     of the Bulk-Power System, as compared                 approving 83 of the initial 107
                                             Inadvertent Interchange, and Facility
                                                                                                     to currently-effective Reliability                    Reliability Standards filed by NERC,
                                             Interconnection Reliability Standards
                                                                                                     Standards BAL–005–0.2b and FAC–                       including Reliability Standards BAL–
                                             AGENCY:  Federal Energy Regulatory                      001–2, by clarifying and consolidating                005–0 (Automatic Generation Control),
                                             Commission.                                             existing requirements related to                      FAC–001–0 (Facility Interconnection
                                             ACTION: Final rule.                                     frequency control. In addition, the                   Requirements), and BAL–006–1
                                                                                                     Commission determines that the revised                (Inadvertent Interchange).8 In addition
                                             SUMMARY:    The Federal Energy                          Reliability Standards support more
                                             Regulatory Commission (Commission)                                                                            to approving Reliability Standards BAL–
                                                                                                     accurate and comprehensive calculation                005–0 and BAL–006–1, the Commission
                                             approves Reliability Standards BAL–                     of Reporting Area Control Error
                                             005–1 (Balancing Authority Control)                                                                           directed NERC to develop modifications
                                                                                                     (Reporting ACE), by requiring timely                  to those Reliability Standards through
                                             and FAC–001–3 (Facility                                 reporting of an inability to calculate
                                             Interconnection Requirements),                          Reporting ACE and by requiring                          3 See Response of the North American Electric
                                             submitted by the North American                         balancing authorities to maintain                     Corporation to Data Request, Docket No. RM16–13–
                                             Electric Reliability Corporation, as well               minimum levels of annual availability                 000 (April 7, 2017).
                                             as the retirement of Reliability                        of 99.5 percent for each balancing                      4 16 U.S.C. 824o(d)(2).

                                             Standards BAL–005–0.2b (Automatic                       authority’s system for calculating
                                                                                                                                                             5 Id. 824o(e).
                                                                                                                                                             6 Rules Concerning Certification of the Electric
                                             Generation Control), FAC–001–2                          Reporting ACE. Based on the                           Reliability Organization; and Procedures for the
                                             (Facility Interconnection Requirements),                information received in the comments                  Establishment, Approval, and Enforcement of
                                             and BAL–006–2 (Inadvertent                              on the Notice of Proposed Rulemaking                  Electric Reliability Standards, Order No. 672, FERC
                                             Interchange).                                           in this proceeding,2 as well as in                    Stats. & Regs. ¶ 31,204, order on reh’g, Order No.
Pmangrum on DSK3GDR082PROD with RULES




                                                                                                                                                           672–A, FERC Stats. & Regs. ¶ 31,212 (2006).
                                             DATES: This rule will become effective                  response to a subsequent data request                   7 North American Electric Reliability Corp., 116
                                             November 27, 2017.                                                                                            FERC ¶ 61,062, order on reh’g and compliance, 117
                                                                                                       1 16 U.S.C. 824(o).                                 FERC ¶ 61,126 (2006), aff’d sub nom. Alcoa, Inc. v.
                                             FOR FURTHER INFORMATION CONTACT:
                                             Syed Ahmad (Technical Information),                       2 Balancing  Authority Control, Inadvertent         FERC, 564 F.3d 1342 (D.C. Cir. 2009).
                                                                                                     Interchange, and Facility Interconnection               8 Mandatory Reliability Standards for the Bulk-
                                               Office of Electric Reliability, Division              Reliability Standards, Notice of Proposed             Power System, Order No. 693, FERC Stats. & Regs.
                                               of Reliability Standards, Federal                     Rulemaking, 81 FR 66,555 (Sept. 28, 2016), 156        ¶ 31,242 at PP 420, 439, and 680, order on reh’g,
                                               Energy Regulatory Commission, 888                     FERC ¶ 61,210 (2016) (NOPR).                          Order No. 693–A, 120 FERC ¶ 61,053 (2007).



                                        VerDate Sep<11>2014   15:04 Sep 25, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM   26SER1



Document Created: 2017-09-26 02:48:20
Document Modified: 2017-09-26 02:48:20
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, December 7, 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 44721 
CFR AssociatedAirspace; Prohibited Areas and Restricted Areas

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR