[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Rules and Regulations]
[Pages 13389-13390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04892]



[[Page 13389]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-0739; Airspace Docket No. 14-AWP-11]


Modification of Restricted Area R-7201; Farallon De Medinilla 
Island, Mariana Islands

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action expands the restricted airspace at Farallon De 
Medinilla Island, Mariana Islands, by designating a new area, R-7201A, 
that surrounds the existing R-7201. R-7201A encompasses that airspace 
between a 3 nautical mile (NM) radius and a 12-NM radius of lat. 
16[deg]01'04'' N., long. 146[deg]03'31'' E. The new restricted airspace 
provides the required airspace to conduct military training scenarios 
using air-to-ground ordnance delivery, naval gunfire, lasers and 
special operations training.

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

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 modifies special use airspace to support military 
training and readiness requirements.

History

    On August 25, 2015, the FAA published in the Federal Register a 
notice proposing to expand the lateral boundaries of restricted area R-
7201, and redesignate the area as R-7201A (80 FR 51498), Docket No. 
FAA-2015-0739. 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

    The NPRM proposed to expand the lateral boundary of restricted area 
R-7201, which consists of that airspace within a 3-NM radius of lat. 
16[deg]01'04'' N., long. 146[deg]03'31'' E., from the current 3-NM to 
12-NM radius and rename the restricted area R-7201A.
    Subsequently, the FAA decided to retain R-7201, with its 3-NM 
radius, and designate a new restricted area to surround R-7201, naming 
the new restricted area R-7201A. R-7201A contains that airspace from a 
3-NM radius, out to a 12-NM radius of the same center point. This 
configuration allows for the activation of either R-7201 or R-7201A 
alone, or to activate them both simultaneously. The flexibility enables 
more efficient use of airspace by allowing the using agency to activate 
only that amount of restricted airspace required for the particular 
mission to be conducted. The configuration proposed in the NPRM would 
have resulted in all airspace within a 12-NM radius of the above point 
being activated even for those missions that would only require a 3-NM 
radius. Therefore, the FAA determined it is in the public interest to 
retain R-7201 and establish R-7210A, as described herein, to facilitate 
the real-time release of airspace when the full 12-NM radius is not 
required by the user.
    Additionally, the using agency name for R-7201 is updated from 
``Commander, Naval Forces, Marianas,'' to ``Commander, Joint Region 
Marianas.'' This reflects the current organizational title and matches 
the using agency for R-7201A.

The Rule

    The FAA is amending 14 CFR part 73 by expanding the restricted 
airspace at Farallon De Medinilla Island, Mariana Islands. This action 
designates a new restricted area, R-7201A, consisting of the airspace 
between a 3-NM radius and a 12-NM radius of lat. 16[deg]01'04'' N., 
long. 146[deg]03'31'' E. It extends from the surface to FL 600. The 
time of designation is ``By NOTAM, 12 hours in advance.'' R-7201A 
surrounds the existing restricted area, R-7201. R-7201 continues to 
consist of the airspace within a 3-NM radius of the above point.
    This change will accommodate Department of the Navy training 
involving the use of advanced weapons systems which the current R-7201A 
airspace does not sufficiently and safely provide. The new restricted 
airspace also enables the using agency to activate only that amount of 
restricted airspace needed for the particular mission.
    In addition, the using agency name for R-7201 is updated to reflect 
the current organizational title as described above.

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 proposed 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 conducted an independent written re-evaluation and adoption 
of the Department of the Navy's Final Environmental Assessment (EA)/
Overseas Environmental Assessment (OEA) for the Establishment of 
Mariana Islands Range Complex (MIRC) airspace, dated June 13, 2013 
(hereinafter ``the FEA/OEA''), for which the FAA was a cooperating 
agency, and which included the environmental analysis of the 
establishment of Restricted Area R-7201A at Farallon De Medinilla 
Island, Marianas Islands, to support the Navy's MIRC airspace 
requirements. Based on its environmental review, the FAA has determined 
that the action that is the subject of this rule does not present the 
potential for significant impacts to the human environment. The FAA's 
``Written Re-evaluation, Adoption of the EA, Finding of No Significant 
Impact and Record of Decision (FONSI-ROD),'' dated January 26, 2017, is 
included in the docket for this rulemaking. The FEA/OEA is available at 
www.MIRCairspaceEA.com.

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:

[[Page 13390]]

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.  73.72   [Amended]

0
2. Sec.  73.72 is amended as follows:

R-7201 Farallon De Medinilla Island, Mariana Islands [Amended]

    By removing ``Using agency. Commander, Naval Forces, Marianas,'' 
and adding in its place ``Using agency. Commander, Joint Region, 
Marianas.''

R-7201A Farallon De Medinilla Island, Mariana Islands [New]

    Boundaries. That airspace between a 3 NM radius and a 12 NM 
radius of lat. 16[deg]01'04'' N., long. 146[deg]03'31'' E.
    Designated altitudes. Surface to FL 600.
    Time of designation. By NOTAM 12 hours in advance.
    Controlling agency. FAA, Guam CERAP.
    Using agency. Commander, Joint Region Marianas.

    Issued in Washington, DC, on March 7, 2017.
Gemechu Gelgelu,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-04892 Filed 3-10-17; 8:45 am]
 BILLING CODE 4910-13-P