[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Proposed Rules]
[Pages 11414-11415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03535]



[[Page 11414]]

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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]
RIN 2120-AA66


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish temporary restricted areas 
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: Comments must be received on or before April 10, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: 1(800) 647-5527, or (202) 366-9826. You must identify FAA 
Docket No. FAA-2016-9536 and Airspace Docket No. 16-AWP-27 at the 
beginning of your comments. You may also submit comments through the 
Internet at http://www.regulations.gov.

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 would establish the temporary restricted area airspace at 
Twentynine Palms, CA, to accommodate essential United States Marine 
Corps training requirements and to ensure the safety of aircraft 
otherwise permitted to operate in the area.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No. 
FAA-2016-9536 and Airspace Docket No. 16-AWP-27) and be submitted in 
triplicate to the Docket
    Management System (see ADDRESSES section for address and phone 
number). You may also submit comments through the Internet at 
www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2016-9536 and Airspace Docket No. 16-AWP-27.'' 
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this action may be changed in light of 
comments received. All comments submitted will be available for 
examination in the public docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
Internet at www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received and any final disposition in person at the Dockets 
Office (see ADDRESSES section for address and phone number) between 
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. An informal docket may also be examined during normal 
business hours at the office of the Operations Support Group, Western 
Service Center, Federal Aviation Administration, 1601 Lind Ave SW., 
Renton, WA 98057.

Background

    Marine Corps combat readiness depends on the continued availability 
of ranges and training areas that provide realistic, mission-oriented 
training and exercises. Marine Corps training proceeds on a continuum, 
from entry-level training of individual Marines in basic military 
skills to large-scale exercises involving a Marine Air Ground Task 
Force (MAGTF). Currently, the Marine Corps does not have sufficient 
range space to conduct a Marine Expeditionary Brigade (MEB) level live 
fire exercise. Through careful analysis and a series of studies, MCAGCC 
Twentynine Palms was identified as the only Marine Corps installation 
capable of expansion to the dimensions required to support this level 
of exercise. Acquisition of new lands without the requisite special use 
airspace (SUA) would not allow for the training events required to 
successfully execute this essential exercise. Consequently, a new 
restricted area, military operations areas (MOA) and air traffic 
control-assigned airspace are being developed as a critical element of 
the required expansion to support large scale MEB level exercises and 
those supporting building block training events.. The establishment of 
temporary restricted area R-2509E, W, and N, will substantially enhance 
both the capability and capacity of the MCAGCC Twentynine Palms Range 
and Training Areas (RTA) to conduct required training for an MEB large 
scale exercise.

The Proposal

    This proposal would establish new temporary restricted areas R-
2509E, R-2509W, and R-2509N for the period from August 7 to August 26, 
2017, 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. This proposed temporary restricted area is 
required to effectively deconflict Department of Defense and all other 
air

[[Page 11415]]

traffic from hazards associated with live fire training.
    Based on impacts mitigation coordinated with the Los Angeles Air 
Route Traffic Control Center, the maximum altitude will be FL 220 
generally. However, at certain times for a period of 4 hours on 2 days 
of the exercise, the maximum altitude will be FL400. R-2509W would have 
a ceiling of 8,000 feet MSL and R-2509N would have a ceiling of 16,000 
feet MSL. Supersonic flight will not be conducted as part of the above 
aviation training activities.
    The times of use for R-2509E, R-2509W, and R-2509N would be by 
NOTAM, and activations of R-2509E above FL220 would have the NOTAM 
issued 48 hours in advance. Expected usage would be 12 hours per day 
for 10 days up to 16,000 feet and 16 hours per day for 6 days up to 
FL220.
    The lateral boundaries of the proposed areas would be as follows:
    Temporary R-2509E--Beginning at lat. 34[deg]40'30'' N., long. 
116[deg]29'43'' 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]34'17'' N., long. 116[deg]35'52'' W.; to the point of beginning.
    Temporary R-2509W--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 
coordinates at lat. 34[deg]25'32'' N., long. 116[deg]36'52'' W.; 
surface to 1,500 feet AGL.
    Temporary R-2509N--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]34'17'' N., long. 116[deg]35'52'' W.; to the point 
of beginning.
    These temporary restricted areas would automatically expire on 
August 26, 2017.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 will only affect air traffic 
procedures and air navigation, it is certified that this proposed rule, 
when promulgated, will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subjected to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited Areas, Restricted Areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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]40'30'' N., long. 
116[deg]29'43'' 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]34'17'' N., long. 116[deg]35'52'' W.; to the point of 
beginning.
    Designated altitudes. Surface to FL 400.
    Time of designation. Intermittent by NOTAM during the period 
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 during the period 
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]34'17'' N., long. 116[deg]35'52'' W.; to the 
point of beginning.
    Designated altitudes. Surface to 16,000 feet MSL.
    Time of designation. Intermittent by NOTAM during the period 
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.

    Issued in Washington, DC on February 7, 2017.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-03535 Filed 2-22-17; 8:45 am]
 BILLING CODE 4910-13-P