82 FR 46898 - Establishment of Restricted Area R-2603; Fort Carson, CO

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 194 (October 10, 2017)

Page Range		46898-46900
FR Document		2017-21794
This action establishes restricted area R-2603 within the existing Fort Carson, CO, Pinon Canyon Maneuver Site (PCMS), near Trinidad, CO. The U.S. Army requires additional restricted airspace because the restricted area ranges at Fort Carson are not large enough to meet all training requirements. R-2603 will provide increased ground-to-air, air-to-ground, and air-to-air battle space to increase training capacity and relieve training congestion at Fort Carson.
Federal Register, Volume 82 Issue 194 (Tuesday, October 10, 2017)
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46898-46900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21794]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-8927; Airspace Docket No. 15-ANM-24]


Establishment of Restricted Area R-2603; Fort Carson, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes restricted area R-2603 within the 
existing Fort Carson, CO, Pinon Canyon Maneuver Site (PCMS), near 
Trinidad, CO. The U.S. Army requires additional restricted airspace 
because the restricted area ranges at Fort Carson are not large enough 
to meet all training requirements. R-2603 will provide increased 
ground-to-air, air-to-ground, and air-to-air battle space to increase 
training capacity and relieve training congestion at Fort Carson.

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

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 Fort Carson, CO, to 
accommodate essential Army training requirements and ensure the safety 
of aircraft otherwise permitted to overfly the location established for 
Army training.

History

    The FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM) (81 FR 62847,

[[Page 46899]]

September 13, 2016), Docket No. FAA-2016-8927, to establish restricted 
area R-2603 to support hazardous training activities conducted within 
the Pinon Canyon Maneuver Site (PCMS), a military training site for 
Fort Carson.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Two comments 
were received, one from the Aircraft Owners and Pilots Association 
(AOPA) and one supporting the establishment of the airspace to support 
military training.

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 four main 
areas of concern: Impacts to Instrument Flight Rules (IFR) aircraft; 
impacts to Visual Flight Rules (VFR) aircraft; charting the restricted 
area; and times of use. Having considered the issues provided by AOPA, 
the FAA offers the following responses.

Impacts to Instrument Flight Rules (IFR) Aircraft

    AOPA is concerned with two airways (V-81 and V-169) being effected 
by the establishment of R-2603. The two airways are within the 
restricted area boundary from the surface to 10,000 feet MSL. AOPA 
stated general aviation aircraft must routinely operate IFR at lower 
altitudes to stay out of icing and due to performance limitations and 
requiring an aircraft to fly several thousand more feet than is 
currently required, staying above R-2603's ceiling, could impact 
general aviation's ability to transit these airways when the restricted 
area is active. Additionally, AOPA is concerned with feeder route for 
the Perry Stokes Airport (TAD) RNAV (GPS) RWY 21 instrument approach.
    The FAA recognizes the impact to general aviation aircraft and has 
modified the proposal to minimize the impact to allow complete access 
to V-169. Additionally, should aircraft encounter icing conditions that 
would require them to descend to altitudes encompassed by the proposed 
restricted area, Denver ARTCC would coordinate with the Using Agency 
and those altitudes would be released.
    The FAA recognizes the RNAV (GPS) RWY 21 instrument approach into 
TAD airport from BLOOM initial approach fix would be unusable when the 
restricted area is activated. However, RADIO initial approach fix is 
unencumbered by the restricted area less than 10 NMs away. An aircraft 
can initiate the approach from this fix or be vectored to intercept the 
radial inbound from RADIO with minimal impact to general aviation 
aircraft.

Impacts to Visual Flight Rules (VFR) Aircraft

    AOPA stated pilots flying under VFR routinely follow prominent 
railroads and highways to get to their destination. US Route 350 and a 
parallel railroad proceed from TAD to La Junta Municipal Airport (LHX). 
Following this route would keep a pilot clear of the restricted area; 
however, the western boundary point is uncomfortably close for many 
pilots to utilize this route without proceeding unnecessarily north of 
the road and tracks.
    The FAA has determined that only the most northwest point of the 
proposed restricted area is close to US Route 350. The closest point 
for this momentary instance is .12 NM from US 350 and .20 NM from the 
railroad tracks. VFR aircraft flying over either of these reference 
points would be clear of the proposed restricted area's closest point. 
Beyond this point, the distance from the proposed restricted area 
increases rapidly in both directions. Aircraft utilizing these ground 
reference points would have a clear boundary identifying they are clear 
of the restricted area. As long as the aircraft remain over the highway 
or train tracks, the restricted airspace will not be violated.

Charting of the Restricted Area

    AOPA requested the activation of the new restricted area should 
occur concurrently or after the charting of the airspace on the Denver 
and Wichita Sectional Charts. Additionally, the FAA should make the 
effective date of restricted area airspace coincide with the sectional 
chart cycle so that pilots have the latest information and a graphical 
depiction of the change. Lastly, the instrument approach procedures to 
airports in proximity to R-2603 should be updated to graphically depict 
the new restricted area to increase situational awareness for 
instrument pilots. Similar to the Pinon Canyon Military Operations Area 
(MOA) being charted on the procedures into LHX, the restricted area and 
MOA should be added to TAD's approach and departure procedures.
    The FAA concurs with AOPA and will make the new restricted area 
effective in accordance with guidance to chart on a 56-day cycle, which 
is December 7, 2017. However, the FAA has mandated to the proponent 
that it will not be utilized until the Wichita and Denver VFR 
sectionals are updated January 4, 2018. Lastly, the FAA will ensure the 
approach and departure procedures are updated.

Times of Use

    AOPA stated, as part of the Colorado Airspace Initiative, the Pinon 
Canyon MOA (within which R-2306 will be located) had its boundaries 
modified in December 1999. The airspace circular for the modification 
(Air Traffic Division Letter to Airmen No. 98-03; Study No. 98-ANM-001-
NR) stated the MOA ``would not be scheduled for use between 10:00 p.m. 
and 7:00 a.m. local.'' The Final Environmental Impact Statement (FEIS) 
states Pinon Canyon MOA's utilization is ``low'' and that in 2012 had 
only eight days of activation. AOPA is concerned the proponent's 
intention may be to activate the existing MOA whenever the restricted 
area is in use. This issue is not addressed in the FEIS or in the NPRM. 
The NPRM for the restricted area states, ``the area would be required 
to support approximately five training cycles per year with the longest 
duration of each cycle being approximately four to five weeks,'' AOPA 
believes the previous statements made in the Letter to Airmen to limit 
utilization of the MOA may not be honored. AOPA commented that the 
proponent should continue the overnight embargo on the MOA's 
utilization and should only activate the MOA when it is explicitly 
needed to support operations. According to the comment, activating the 
MOA continuously for five weeks would not be responsible management of 
the airspace and would have a considerable impact on civil aviation in 
the area.
    The FAA has changed the times of use of Pinon Canyon MOA to 
``Intermittent by NOTAM 0700 to 2200, daily.'' This change ensures the 
December 1999 amendment is followed as stated in the circular. 
Additionally, the restricted area time of designation has been amended 
to ``By NOTAM 24 Hours in Advance.''

Differences From the NPRM

    Subsequent to publication of the NPRM, it was requested by the FAA 
charting team to change the order of the lat./long. coordinates to a 
clockwise direction vice a counter clockwise direction for ease of 
charting. Additionally, in response to a comment from AOPA, the FAA 
identified a geographic lat./long. coordinate which was relocated to 
ensure ample separation from airway V-169. The following restricted 
area update is incorporated in this action.
    The geographic lat./long. coordinates are reversed for a clockwise 
listing of lat./long. coordinates. Additionally, the

[[Page 46900]]

geographic lat./long. coordinate for the point located in the northeast 
corner of R-2603 has been relocated, so as to not impact use of the 
airway.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish a new restricted area R-2603 at the Pinon Canyon 
Maneuver Site, near Trinidad, CO. 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 Army training which 
provides increased ground-to-air, air-to-ground, and air-to-air battle 
space to increase training capacity and relieve training congestion at 
Fort Carson. The changes from what was proposed in the NPRM are as 
follows:
    R-2603: The geographic coordinate proposed as ``lat. 37[deg]38'33'' 
N., long. 103[deg]35'11'' W.'' in the boundaries description is deleted 
and replaced by a point identified as ``lat. 37[deg]38'28'' N., long. 
103[deg]42'40'' W.'' The legal description of R-2603 was changed from a 
counter clockwise direction to a clockwise direction.

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-2603 within the existing Fort Carson, CO, Pinon Canyon Maneuver 
Site (PCMS), near Trinidad, CO, qualifies for FAA adoption 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 purpose of 
creating and utilizing the Restricted Area (RA) is to allow for 
increased ground-to-air, air-to-ground, and air-to-air battle space to 
increase training capacity and relieve training congestion at Fort 
Carson. The FAA, after conducting an independent review and evaluation 
of the United States Army's Final Environmental Impact Statement of the 
Pinon Canyon Maneuver Site Training and Operations (EIS) and Record of 
Decision (ROD) for Restricted Area R-2603 at Fort Carson, CO, has 
determined that the Army's EIS and its supporting documentation 
adequately assesses and discloses the environmental impacts of the 
Proposed Action including evaluation of the establishment of airspace 
for restricted airspace area R-2603. In March 2013, the Army 
Environmental Command and Fort Carson released the EIS regarding the 
Pinon Canyon Maneuver Site (PCMS) Training and Operations located in 
Colorado. On May 1, 2015, the Army issued their ROD. The Army prepared 
its EIS and ROD in compliance with NEPA and Army-specific environmental 
regulations (32 CFR part 651).
    Based on the evaluation for potential environmental impact in the 
Army's EIS, the FAA, as the Cooperating Agency for the Army's proposed 
action, concluded that adoption of the Army's EIS evaluating the 
proposed establishment of R-2603 is authorized in accordance with 40 
CFR 1506.3, Adoption. Accordingly, FAA adopts the Army's 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.

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.  73.26  [Amended]

0
2. Section 73.26 is amended as follows:
* * * * *

R-2603 Fort Carson, CO [New]

    Boundaries: Beginning lat. 37[deg]22'30'' N., long. 
104[deg]04'47'' W.; to lat. 37[deg]32'27'' N., long. 104[deg]06'32'' 
W.; to lat. 37[deg]32'27'' N., long. 104[deg]02'15'' W.; to lat. 
37[deg]33'21'' N., long. 103[deg]57'55'' W.; to lat. 37[deg]35'59'' 
N., long. 103[deg]57'50'' W.; to lat. 37[deg]35'57'' N., long. 
103[deg]54'40'' W.; to lat. 37[deg]38'10'' N., long. 103[deg]48'47'' 
W.; to lat. 37[deg]38'32'' N., long. 103[deg]48'43'' W.; to lat. 
37[deg]38'28'' N., long. 103[deg]42'40'' W.; to lat. 37[deg]32'46'' 
N., long. 103[deg]42'46'' W.; to lat. 37[deg]21'10'' N., long. 
103[deg]54'41'' W.; to lat. 37[deg]21'15'' N., long. 104[deg]02'35'' 
W.; thence to the point of beginning.
    Designated altitudes: Surface to but not including 10,000 feet 
Mean Sea Level (MSL).
    Time of designation: By NOTAM 24 hours in advance.
    Controlling agency: FAA, Denver ARTCC.
    Using agency: Commander, U.S. Army, Fort Carson, CO.

    Issued in Washington, DC, on October 3, 2017.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-21794 Filed 10-6-17; 8:45 am]
BILLING CODE 4910-13-P
46898 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

The Rule paragraph 5–6.5.a. This airspace action DEPARTMENT OF TRANSPORTATION
This amendment to Title 14, Code of is not expected to cause any potentially
significant environmental impacts, and Federal Aviation Administration
Federal Regulations (14 CFR) part 71
amends Class E airspace extending no extraordinary circumstances exist
that warrant preparation of an 14 CFR Part 73
upward from 700 feet above the surface
within a 7.1-mile radius (increased from environmental assessment. [Docket No. FAA–2016–8927; Airspace
a 6.8 mile radius) of Evansville Regional Docket No. 15–ANM–24]
Lists of Subjects in 14 CFR Part 71
Airport, Evansville, IN. The segment
4.4-miles wide (2.2 miles from each side Establishment of Restricted Area R–
Airspace, Incorporation by reference,
of the 001° bearing from the airport) 2603; Fort Carson, CO
Navigation (air).
extending from the 6.8-mile radius is AGENCY: Federal Aviation
modified to a 4-mile wide segment Adoption of the Amendment Administration (FAA), DOT.
extending from the 7.1-mile radius of In consideration of the foregoing, the ACTION: Final rule.
the airport to 11.6 miles (increased from
Federal Aviation Administration
11.2 miles) north of the airport. SUMMARY: This action establishes
amends 14 CFR part 71 as follows: restricted area R–2603 within the
The 4.4-mile wide segment (2.2 miles
from each side of the 181° bearing from existing Fort Carson, CO, Pinon Canyon
PART 71—DESIGNATION OF CLASS A,
the airport) extending from the 6.8-mile Maneuver Site (PCMS), near Trinidad,
B, C, D, AND E AIRSPACE AREAS; AIR
radius of the airport to 11.3 miles south CO. The U.S. Army requires additional
TRAFFIC SERVICE ROUTES; AND
of the airport is removed. restricted airspace because the restricted
REPORTING POINTS area ranges at Fort Carson are not large
The Pocket City VORTAC navigation
aid segment is amended to within a 7.1- enough to meet all training
mile radius (from a 6.8-mile radius) of ■ 1. The authority citation for part 71 requirements. R–2603 will provide
the airport to the VORTAC. Airspace continues to read as follows: increased ground-to-air, air-to-ground,
reconfiguration is necessary due to the Authority: 49 U.S.C. 106(f), 106(g); 40103, and air-to-air battle space to increase
decommissioning of the Evansville NDB 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, training capacity and relieve training
and cancellation of the NDB 1959–1963 Comp., p. 389. congestion at Fort Carson.
approaches, and enhances the safety DATES:
and management of the standard § 71.1 [Amended] Effective date: 0901 UTC, December 7,
instrument approach procedures for IFR 2017.
■ 2. The incorporation by reference in
operations at the airport. FOR FURTHER INFORMATION CONTACT:
14 CFR 71.1 of FAA Order 7400.11B,
The amendment of Class C airspace at Kenneth Ready, Airspace Policy Group,
Airspace Designations and Reporting
Evansville Regional Airport, included in Office of Airspace Services, Federal
Points, dated August 3, 2017, and
this rule in error, is removed and will Aviation Administration, 800
be addressed in a separate rulemaking. effective September 15, 2017, is
Independence Avenue SW.,
amended as follows:
Regulatory Notices and Analyses Washington, DC 20591; telephone: (202)
* * * * * 267–8783.
The FAA has determined that this SUPPLEMENTARY INFORMATION:
regulation only involves an established Paragraph 6005 Class E Airspace Areas
body of technical regulations for which Extending Upward From 700 Feet or More Authority for this Rulemaking
frequent and routine amendments are Above the Surface of the Earth. The FAA’s authority to issue rules
necessary to keep them operationally * * * * * regarding aviation safety is found in
current, is non-controversial and Title 49 of the United States Code.
AGL IN E5 Evansville, IN [Amended]
unlikely to result in adverse or negative Subtitle I, Section 106 describes the
comments. It, therefore: (1) Is not a Evansville Regional Airport, IN authority of the FAA Administrator.
‘‘significant regulatory action’’ under (Lat. 38°02′27″ N., long. 87°31′43″ W.) Subtitle VII, Aviation Programs,
Executive Order 12866; (2) is not a Pocket City VORTAC describes in more detail the scope of the
‘‘significant rule’’ under DOT (Lat. 37°55′42″ N., long. 87°45′45″ W.) agency’s authority.
Regulatory Policies and Procedures (44 That airspace extending upward from 700 This rulemaking is promulgated
FR 11034; February 26, 1979); and (3) feet above the surface within a 7.1-mile under the authority described in
does not warrant preparation of a radius of Evansville Regional Airport, and Subtitle VII, part A, Subpart I, Section
regulatory evaluation as the anticipated within 2 miles each side of the 001° bearing 40103. Under that section, the FAA is
impact is so minimal. Since this is a from the airport extending from the 7.1-mile charged with prescribing regulations to
routine matter that only affects air traffic radius to 11.6 miles north of the airport, and assign the use of the airspace necessary
procedures and air navigation, it is within 4 miles each side of the Pocket City to ensure the safety of aircraft and the
certified that this rule, when VORTAC 060° radial extending from the 7.1- efficient use of airspace. This regulation
promulgated, does not have a significant mile radius to the VORTAC. is within the scope of that authority as
economic impact on a substantial it establishes the restricted area airspace
Issued in Fort Worth, Texas, on September
number of small entities under the at Fort Carson, CO, to accommodate
29, 2017.
criteria of the Regulatory Flexibility Act. essential Army training requirements
Christopher L. Southerland, and ensure the safety of aircraft
Pmangrum on DSK3GDR082PROD with RULES

Environmental Review Acting Manager, Operations Support Group, otherwise permitted to overfly the
The FAA has determined that this ATO Central Service Center. location established for Army training.
action qualifies for categorical exclusion [FR Doc. 2017–21509 Filed 10–6–17; 8:45 am]
under the National Environmental History
BILLING CODE 4910–13–P
Policy Act in accordance with FAA The FAA published in the Federal
Order 1050.1F, ‘‘Environmental Register a notice of proposed
Impacts: Policies and Procedures,’’ rulemaking (NPRM) (81 FR 62847,

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46900 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations

geographic lat./long. coordinate for the increased ground-to-air, air-to-ground, long. 103°54′40″ W.; to lat. 37°38′10″ N.,
point located in the northeast corner of and air-to-air battle space to increase long. 103°48′47″ W.; to lat. 37°38′32″ N.,
R–2603 has been relocated, so as to not training capacity and relieve training long. 103°48′43″ W.; to lat. 37°38′28″ N.,
impact use of the airway. congestion at Fort Carson. The FAA, long. 103°42′40″ W.; to lat. 37°32′46″ N.,
long. 103°42′46″ W.; to lat. 37°21′10″ N.,
after conducting an independent review
The Rule long. 103°54′41″ W.; to lat. 37°21′15″ N.,
and evaluation of the United States long. 104°02′35″ W.; thence to the point of
The FAA is amending Title 14 Code Army’s Final Environmental Impact beginning.
of Federal Regulations (14 CFR) part 73 Statement of the Pinon Canyon Designated altitudes: Surface to but not
to establish a new restricted area R– Maneuver Site Training and Operations including 10,000 feet Mean Sea Level (MSL).
2603 at the Pinon Canyon Maneuver (EIS) and Record of Decision (ROD) for Time of designation: By NOTAM 24 hours
Site, near Trinidad, CO. The FAA is also Restricted Area R–2603 at Fort Carson, in advance.
incorporating the restricted area updates CO, has determined that the Army’s EIS Controlling agency: FAA, Denver ARTCC.
noted in the Differences from the NPRM and its supporting documentation Using agency: Commander, U.S. Army,
section. The FAA is taking this action to Fort Carson, CO.
adequately assesses and discloses the
ensure realistic Army training which environmental impacts of the Proposed Issued in Washington, DC, on October 3,
provides increased ground-to-air, air-to- Action including evaluation of the 2017.
ground, and air-to-air battle space to establishment of airspace for restricted Scott M. Rosenbloom,
increase training capacity and relieve airspace area R–2603. In March 2013, Acting Manager, Airspace Policy Group.
training congestion at Fort Carson. The the Army Environmental Command and [FR Doc. 2017–21794 Filed 10–6–17; 8:45 am]
changes from what was proposed in the Fort Carson released the EIS regarding BILLING CODE 4910–13–P
NPRM are as follows: the Pinon Canyon Maneuver Site
R–2603: The geographic coordinate (PCMS) Training and Operations located
proposed as ‘‘lat. 37°38′33″ N., long. in Colorado. On May 1, 2015, the Army
103°35′11″ W.’’ in the boundaries DEPARTMENT OF HEALTH AND
issued their ROD. The Army prepared HUMAN SERVICES
description is deleted and replaced by a its EIS and ROD in compliance with
point identified as ‘‘lat. 37°38′28″ N., NEPA and Army-specific environmental Food and Drug Administration
long. 103°42′40″ W.’’ The legal regulations (32 CFR part 651).
description of R–2603 was changed Based on the evaluation for potential 21 CFR Part 870
from a counter clockwise direction to a environmental impact in the Army’s
clockwise direction. [Docket No. FDA–2017–N–1620]
EIS, the FAA, as the Cooperating
Regulatory Notices and Analyses Agency for the Army’s proposed action, Medical Devices; Cardiovascular
concluded that adoption of the Army’s Devices; Classification of the
The FAA has determined that this
EIS evaluating the proposed Adjunctive Cardiovascular Status
regulation only involves an established
establishment of R–2603 is authorized Indicator; Correction
body of technical regulations for which
in accordance with 40 CFR 1506.3,
frequent and routine amendments are AGENCY: Food and Drug Administration,
Adoption. Accordingly, FAA adopts the
necessary to keep them operationally HHS.
Army’s EIS and takes full responsibility
current. It, therefore: (1) Is not a
for the scope and content that address ACTION: Final order; correction.
‘‘significant regulatory action’’ under
the FAA’s airspace establishment
Executive Order 12866; (2) is not a SUMMARY: The Food and Drug
action.
‘‘significant rule’’ under Department of Administration (FDA) is correcting a
Transportation (DOT) Regulatory List of Subjects in 14 CFR Part 73 final order entitled ‘‘Medical Devices;
Policies and Procedures (44 FR 11034; Airspace, Prohibited areas, Restricted Cardiovascular Devices; Classification of
February 26, 1979); and (3) does not areas. the Adjunctive Cardiovascular Status
warrant preparation of a regulatory Indicator’’ that appeared in the Federal
evaluation as the anticipated impact is The Amendment Register of July 28, 2017. The final order
so minimal. Since this is a routine In consideration of the foregoing, the was published with an incorrect
matter that only affects air traffic Federal Aviation Administration statement in the preamble about
procedures and air navigation, it is amends 14 CFR part 73 as follows: whether FDA planned to exempt the
certified that this rule, when device from premarket notification
promulgated, does not have a significant PART 73—SPECIAL USE AIRSPACE requirements. This document corrects
economic impact on a substantial that error.
number of small entities under the ■ 1. The authority citation for part 73
continues to read as follows: DATES: Effective October 10, 2017.
criteria of the Regulatory Flexibility Act.
FOR FURTHER INFORMATION CONTACT:
Authority: 49 U.S.C. 106(f), 106(g); 40103,
Environmental Review 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Nathalie Yarkony, Center for Devices
The FAA has determined that this 1959–1963 Comp., p. 389. and Radiological Health, Food and Drug
action of establishing restricted area R– Administration, 10903 New Hampshire
§ 73.26 [Amended] Ave., Bldg. 66, Rm. 1254, Silver Spring,
2603 within the existing Fort Carson,
CO, Pinon Canyon Maneuver Site ■ 2. Section 73.26 is amended as MD 20993–0002, Nathalie.yarkony@
(PCMS), near Trinidad, CO, qualifies for follows: fda.hhs.gov.
FAA adoption in accordance with FAA * * * * * SUPPLEMENTARY INFORMATION: In the
Pmangrum on DSK3GDR082PROD with RULES

Order 1050.1F, paragraphs 8–2 and 9–2, R–2603 Fort Carson, CO [New] Federal Register of July 28, 2017 (82 FR
Adoption of Other Agencies’ National 35065), FDA published the final order
Boundaries: Beginning lat. 37°22′30″ N.,
Environmental Policy Act Documents, long. 104°04′47″ W.; to lat. 37°32′27″ N.,
‘‘Medical Devices; Cardiovascular
and Written Re-evaluations, and long. 104°06′32″ W.; to lat. 37°32′27″ N., Devices; Classification of the Adjunctive
7400.2L, paragraph 32–2–3. The long. 104°02′15″ W.; to lat. 37°33′21″ N., Cardiovascular Status Indicator.’’ The
purpose of creating and utilizing the long. 103°57′55″ W.; to lat. 37°35′59″ N., final order published with an incorrect
Restricted Area (RA) is to allow for long. 103°57′50″ W.; to lat. 37°35′57″ N., statement in the preamble about

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Document Created: 2017-10-07 10:32:14
Document Modified: 2017-10-07 10:32:14
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, December 7, 2017.
Contact		Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8783.
FR Citation		82 FR 46898
CFR Associated		Airspace; Prohibited Areas and Restricted Areas
82 FR 46898 - Establishment of Restricted Area R-2603; Fort Carson, CO

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 194 (October 10, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
