[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Rules and Regulations]
[Pages 17936-17938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-2193; Airspace Docket No. 15-AWP-8]


Establishment of Restricted Area R-2507W; Chocolate Mountains, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted area R-2507W, Chocolate 
Mountains, CA, to support training activities that involve the use of 
advanced weapons systems. This action ensures realistic United States 
Marine Corps (USMC) training on live fire and non-live fire aviation 
activities such as Basic Ordinance Delivery, Close Air Support, Air-to-
Air Gunnery, Laser Ranging and Designating, and Air Strikes. Restricted 
area R-2507W will allow the USMC to enhance training and safety 
requirements in order to maintain, train, and equip combat-ready 
military forces.

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

[[Page 17937]]


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 Chocolate Mountains, 
CA, to accommodate essential USMC training requirements and ensure the 
safety of aircraft otherwise permitted to overfly the location 
established for USMC training.

History

    The FAA published in the Federal Register a notice of proposed 
rulemaking (NPRM) (80 FR 42761, July 20, 2015), Docket No. FAA-2015-
2193, to establish restricted area R-2507W to support hazardous 
training activities conducted within the Chocolate Mountain Aerial 
Gunnery Range (CMAGR), special use airspace (SUA) complex.
    Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. One comment from 
the Aircraft Owners and Pilots Association (AOPA) was received.

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 three main 
areas of concern: Proximity to Salton Sea National Wildlife Refuge; 
impact on instrument approach into Brawley Municipal Airport (BWC); and 
impact on instrument approach into Jacqueline Cochran Regional Airport 
(TRM).
    Having considered the issues provided by AOPA, the FAA offers the 
following responses.

Proximity to Salton Sea National Wildlife Refuge

    AOPA indicated that pilots would prefer additional buffer space 
between aircraft and the refuge, but R-2057W reduces that margin on the 
northern coast of the Salton Sea National Wildlife Refuge.
    The FAA acknowledges the Salton Sea National Wildlife Refuge is 
located in close proximity to R-2507W and that pilots are encouraged to 
avoid the refuge, if practical, as Advisory Circular 91-36D states 
under the paragraph `Voluntary Practices.' As alluded to by AOPA's 
comment, navigating along the northern shoreline of the Salton Sea is a 
common occurrence when operating in the area. The closest point between 
the proposed airspace and the refuge is approximately 3.7 nautical 
miles. This distance provides ample maneuver space in a VFR environment 
for general aviation pilots to avoid both the proposed R-2507W and the 
wildlife refuge. Additionally, it is important to note that the 
recognizable geographic boundary of the range from the air is the canal 
that borders the range. In order to ensure safety, the airspace 
utilizes that geographic border to visually assist general aviation in 
identifying the outer edge of the restricted area. Moreover, the R-
2507W airspace overlays Controlled Fire Areas which are established 
over the Chocolate Mountain Aerial Gunner Range. There are no records 
at Marine Corps Air Station, Yuma, of having to take any actions to put 
the Controlled Fire Areas in cease-fire status due to general aviation 
activity in/around the underlying ranges. For these reasons, the FAA 
disagrees that additional clearance is necessary.

Impact on Instrument Approach Into Brawley Municipal Airport (BWC)

    AOPA also expressed concern that an aircraft inbound to BWC via the 
VOR/DME B approach originating from the Thermal VORTAC must fly 35 
miles to SECAN intersection which is found by cross referencing with 
the Imperial VORTAC. AOPA suggested that pilot solely utilizing VOR 
guidance could stray north near the restricted area.
    The FAA acknowledges that a pilot flying the VOR/DME B approach 
procedure into BWC and navigating solely off of one VOR has cockpit 
workload to consider. However, the FAA considers the cockpit workload a 
factor at the intersection due to switching from VOR to VOR for 
guidance on when to make the turn does not present any safety concern 
associated with the establishment of R-2507W. The pilot's potential to 
stray beyond the intersection or missing the turn would take the pilot 
away from the restricted area rather than closer to it. The FAA 
recognizes ample maneuverability room to complete the initial inbound 
radial of the approach to the SECAN intersection without being in 
jeopardy of straying into the new R-2507W.

Impact on Instrument Approach Into Jacqueline Cochran Regional Airport 
(TRM)

    AOPA is concerned the RNAV GPS runway 35 approach will lose safe 
distance off of the SHADI intersection from the restricted airspace. 
The FAA concurs with the comment that the feeder route of SHADI 
intersection to the COSUK intersection (which is an initial approach 
fix) would be reduced to an unacceptable distance. Therefore, the FAA 
has reduced the boundary of the northwest corner of R-2507W to provide 
sufficient protected airspace from the RNAV (GPS) runway 35 approach.

Differences From the NPRM

    Subsequent to publication of the NPRM, in response to a comment 
from AOPA, the FAA identified a geographic lat./long. coordinate which 
was adjusted into two geographic lat./long. coordinates to ensure ample 
separation from the TRM RNAV GPS runway 35 approach feeder route off of 
SHADI intersection, which is an established approach procedure. The 
following restricted area updates are incorporated in this action.
    The geographical lat./long. coordinate for the point located in the 
northwest corner of R-2507W has been removed and two new points were 
established.

The Rule

    The FAA is amending title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish a new restricted area R-2507W at the Chocolate 
Mountain Aerial Gunnery Range, CA. 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 USMC training on live 
fire and non-live fire aviation activities such as Basic Ordinance 
Delivery, Close Air Support, Air-to-Air Gunnery, Laser Ranging and 
Designating, and Air Strikes. The changes from what was proposed in the 
NPRM are as follows:
    R-2507W: The geographic coordinate proposed as ``lat. 
33[deg]29'25'' N., long. 115[deg]46'08'' W.'' in the boundaries 
description is deleted and replaced by two points identified as ``lat. 
33[deg]29'11'' N., long. 115[deg]45'49'' W.'' and ``lat.

[[Page 17938]]

33[deg]29'36'' N., long. 115[deg]45'36'' W.'' The rest of the legal 
description of R-2507W is unchanged from the proposal.

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-2507W, Chocolate Mountain, CA, to support USMC training 
activities that involve the use of advanced weapons systems, qualified 
for FAA's environmental impact review and FAA's adoption of the 
airspace use portion of the USMC's Final Environmental Assessment 
(FEA). In accordance with the National Environmental Policy Act (NEPA), 
its implementing regulations at 40 CFR parts 1500 through 1508, FAA 
Orders 1050.1F Environmental Impacts: Policies and Procedures, and 
7400.2K Procedures for Handling Airspace Matters, FAA, as a cooperating 
agency for this SUA action, conducted an independent environmental 
impact review of the airspace use portion of the USMC's Air Station 
Yuma FEA for the Establishment of Special Use Airspace Restricted Area 
R-2507W, Chocolate Mountain Aerial Gunnery Range, Imperial and 
Riverside Counties, California (June 2014). Based on its review, the 
FAA has determined that the action that is the subject of this rule 
does not present any potential for significant impacts to the human 
environment. The FAA's Adoption EA and FONSI-ROD are included in the 
docket for this rulemaking.

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.  73.25  California [Amended]

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

R-2507W West Chocolate Mountains, CA [New]

    Boundaries--Beginning at lat. 33[deg]14'00'' N., long. 
115[deg]22'33'' W.; to lat. 33[deg]13'14'' N., long. 115[deg]23'17'' 
W.; to lat. 33[deg]13'58'' N., long. 115[deg]24'26'' W.; to lat. 
33[deg]14'22'' N., long. 115[deg]25'29'' W.; to lat. 33[deg]15'40'' N., 
long. 115[deg]27'36'' W.; to lat. 33[deg]17'28'' N., long. 
115[deg]29'42'' W.; to lat. 33[deg]19'17'' N., long. 115[deg]32'13'' 
W.; to lat. 33[deg]21'11'' N., long. 115[deg]34'39'' W.; to lat. 
33[deg]22'58'' N., long. 115[deg]38'19'' W.; to lat. 33[deg]27'26'' N., 
long. 115[deg]43'30'' W.; to lat. 33[deg]29'11'' N., long. 
115[deg]45'49'' W.; to lat. 33[deg]29'36'' N., long. 115[deg]45'36'' 
W.; to lat. 33[deg]31'09'' N., long. 115[deg]41'12'' W.; to lat. 
33[deg]32'50'' N., long. 115[deg]37'37'' W.; to lat. 33[deg]32'40'' N., 
long. 115[deg]33'53'' W.; to lat. 33[deg]28'30'' N., long. 
115[deg]42'13'' W.; to lat. 33[deg]23'40'' N., long. 115[deg]33'23'' 
W.; to lat. 33[deg]21'30'' N., long. 115[deg]32'58'' W.; thence to the 
point of beginning.
    Designated altitudes. Surface to FL 230.
    Time of designation. Continuous.
    Controlling agency. FAA, Los Angeles Air Route Traffic Control 
Center (ARTCC).
    Using agency. USMC, Commanding Officer, Marine Corps Air Station 
(MCAS) Yuma, AZ.
* * * * *

    Issued in Washington, DC, on April 10, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-07573 Filed 4-13-17; 8:45 am]
BILLING CODE 4910-13-P