[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29380-29383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13566]


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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]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes temporary restricted areas (Temp RAs) 
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: Effective date 0901 UTC, August 7, 2017.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy and 
Regulations 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 support a Marine Expeditionary Brigade 
level LSE and accommodate essential USMC training requirements.

History

    On February 23, 2017, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) (82 FR 11414), Docket No. FAA-
2016-9536, to establish Temp RAs R-2509E, R-2509W, and R-2509N, 
Twentynine Palms, CA, to support a Marine Expeditionary Brigade level 
LSE. Interested parties were invited to participate in this rulemaking 
effort by submitting written comments on the proposal. Five comments 
were received; four from individuals and one from Aircraft Owners and 
Pilots Association (AOPA).

Discussion of Comments

    In their response to the NPRM, the commenters raised several 
substantive issues. The commenters contend the temporary restricted 
airspace design could be managed through alternative airspace 
management methods like temporary flight restrictions or controlled 
firing areas. Additionally, commenters contended that the location and 
lack of knowledge of temporary restricted areas would have a negative 
impact on general aviation aircraft. One commenter supported the 
exercise to allow warfighters the opportunity to practice tactics in 
preparation for actual war. The comments have been categorized in the 
following groupings: (1) Alternative designation of the airspace as a 
temporary flight restriction (TFR) or as a controlled firing area 
(CFA); (2) the general concern that R-2509W creates a narrow funneling 
of traffic at a known ``choke point'' of airspace; and (3) the need for 
advanced notification of pilots of activation and awareness of 
temporary restricted areas.

[[Page 29381]]

    Having considered the issues and recommendations provided by the 
commenters, the FAA offers the following responses.

Designation of the Airspace as a TFR or as a CFA

    Two commenters suggested the airspace would be better served as TFR 
because a TFR could be depicted graphically and would provide better 
notification to pilots. The commenters noted perceived limitations in 
the NOTAM system used to inform pilots of temporary restricted areas 
established under part 73.
    TFRs under 14 CFR 91.137 are not used for any pre-planned military 
operations involving hazardous activity. Additionally, a TFR issued 
under Sec.  91.137 involves restrictions and limitations that are not 
appropriately applied to military operations. The fact that commenters 
perceive that a TFR permits better notification to a pilot about 
restricted airspace is not sufficient to warrant using Sec.  91.137 for 
activity that it was not intended to cover.
    One commenter suggested a CFA as an alternative. CFAs are not 
intended for aerial activities which involve aircraft ordinance 
delivery which this LSE will involve.

R-2509W Creates a Narrow Funneling of Traffic at a Known ``Choke 
Point'' of Airspace

    One commenter stated the corridor created by restricted airspace in 
the high desert of Southern California is already very narrow and 
congested and funnels high amounts of traffic today. The commenter 
noted that adding restricted areas that will reduce the corridor will 
exacerbate the problem. The commenter suggested expanding the existing 
restricted area into one of the already established military operations 
areas (MOA) on the eastern side of R-2509 and away from the already 
narrow funnel in the west. AOPA contends that the proposed restricted 
areas create an unnecessary and unacceptable risk to general aviation 
pilots. AOPA specifically noted that, because the proposed R-2509W 
overlies a valley, it will force general aviation pilots to fly closer 
to precipitous rising terrain and will provide a greater challenge to 
pilots needing to turn around safely. AOPA also commented that federal 
airway V-386 which is heavily utilized by general aviation pilots will 
be impacted by the proposed restricted area. AOPA contended that the 
restricted area would force many pilots to deviate further to the west 
and into more complex and congested airspace. AOPA also noted that the 
FAA previously withdrew a proposal for the same temporary restricted 
areas because efforts to mitigate the aeronautical impacts were 
unsuccessful.
    After the 2016 NPRM was withdrawn, LA Center negotiated certain 
mitigations with the Marine Corps in response to LA Center's 
aeronautical study of the impact of the temporary restricted areas to 
non-participating aircraft operating within the corridor west of the 
proposed restricted areas. In response to the aeronautical study, the 
Marines met with LA Center and addressed internal boundary changes for 
R-2509N and R-2509E which allow for arrivals and departures to fly over 
the restricted areas allowing better flow control and altitude stratum 
for Metroplex procedures. Additionally, the Marine Corps agreed to 
limit the maximum altitude for R-2509E to FL400 for only three days of 
the exercise otherwise the maximum altitude will be FL220. The FAA has 
further addressed the commenters concerns by restricting the airspace 
the Marine Corps will utilize within R-2509W to 8,000 feet MSL for the 
duration of the exercise and limiting the airspace above R-2509N to 
16,000 feet MSL for the duration of the exercise. These changes account 
for the differences from the 2016 NPRM that could not be agreed upon 
prior to the August 2016 exercise. Those operations were cancelled and 
the NPRM withdrawn due to inability to alleviate aeronautical concerns. 
The mitigations agreed to by the Marine Corps have adequately addressed 
the FAA's earlier concerns.
    In regard to the commenters' recommendation to expand to the east 
rather than into the corridor in the west, the Marine Corps conducted 
an extensive land use study which included a review of the possible 
expansion to the east side of the current restricted area. The planned 
exercise requires land and airspace that allows for close air support, 
which is the use of aviation in support of ground units, surface fires 
and maneuver areas that are oriented for continual progression 
throughout the exercise area. The study found that the land to the east 
was not a feasible alternative for the conduct of the planned exercise. 
Additionally, the use of surface fires is required to integrate with 
both fixed and rotary winged aircraft that would require the use of 
land the Department of Defense does not possess. Lastly, the Safety 
Risk Management Panel conducted by FAA identified the proposal added 
minimal impact to the National Airspace System (NAS) compared to daily 
operations.

Pilots Need Advanced Notifications of Activation and Awareness of Temp 
RAs

    AOPA stated concerns of the lack of awareness for pilots for Temp 
RAs as a whole. The infrequent use of Temp RAs in the past 20 years, 
lack of discussion within the aeronautical manuals for general aviation 
pilots, and lack of temporary special use airspace depicted 
electronically (most notably the electronic flight bag), all lead to 
the potential of a general aviation pilot to violate the Temp RAs. AOPA 
commented that the times of use in the NOTAM for the temporary 
restricted areas should be changed to provide 4 hours advance notice 
before the areas are activated.
    The FAA agrees and directed the Marine Corps to work within the 
current system to insure pilots are notified of the LSE by:
    1. Working with Los Angeles Center to establish ``Pointer NOTAMs'' 
to enhance coverage and visibility of the activities taking place.
    2. Publish Special Use Airspace NOTAMs no less than six hours prior 
to hazardous activity taking place.
    3. Work with the FAA to ensure the Temp RAs will be reflected on 
the FAA's SUA Web site: https://sua.faa.gov/sua/siteFrame.app, for 
current flight planning information.
    4. Coordinate with AOPA on public outreach matters.
    Additionally, the FAA has started the process to update 
aeronautical manuals to define what temporary special use airspace 
entails and developing a process to electronically display temporary 
special use airspace on the electronic flight bag.

Differences From the NPRM

    In response to comments and the FAA aeronautical study completed by 
Los Angeles Center, the FAA changed the internal boundaries of two of 
the restricted areas (R-2509N and R-2509W) that were proposed in the 
NPRM. Geographic lat./long. coordinates have been adjusted to 
accommodate traffic above and around the newly established temporary 
restricted areas ensure ample separation from non-participating 
traffic. The following restricted area updates are incorporated in this 
action.
    Three geographic lat./long. coordinates internal to R-2509N and R-
2509E have been changed and four new points were established.

The Rule

    The FAA is amending 14 CFR part 73 to establish new temporary 
restricted areas (R-2509E, R-2509W, and R-

[[Page 29382]]

2509N) at Twentynine Palms, CA. Subsequent to the NPRM, the FAA is also 
incorporating the restricted area updates noted in the Differences from 
the NPRM section. The FAA is taking this action 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. These temporary restricted areas are required to effectively 
deconflict Department of Defense and civilian air traffic from hazards 
associated with live fire training. The amendments are as follows:
    Temporary R-2509E: The geographic coordinate lat. 34[deg]40'30'' 
N., long. 116[deg]29'43'' W., in the boundaries description proposed in 
the NPRM is replaced with lat. 34[deg]39'24'' N., long. 116[deg]29'19'' 
W.; Geographic coordinate lat. 34[deg]34'17'' N., long. 116[deg]35'52'' 
W.; in the boundaries description proposed in the NPRM is replaced with 
lat. 34[deg]32'36'' N., long. 116[deg]35'12'' W.
    Temporary R-2509N: The geographic coordinate lat. 34[deg]39'24'' 
N., long. 116[deg]29'19'' W.; was added to the proposed legal 
description. The geographic coordinate lat. 34[deg]34'17'' N., long. 
116[deg]35'52'' W.; in the proposed boundaries description, is replaced 
with lat. 34[deg]32'36'' N., long. 116[deg]35'12'' W.
    Temporary R2509N/E/W: The ``times of use'' for each legal 
description has changed to read: Intermittent by NOTAM 6 hours in 
advance during the period from August 7 to August 26, 2017.

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

    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 FAA, after conducting an independent review and evaluation of the 
United States Navy's 2012 Final Environmental Impact Statement (EIS) 
and the U.S. Navy's 2017 Final Supplemental Environmental Impact 
Statement (2017 EIS) and Written Re-evaluation for Land Acquisition and 
Airspace Establishment to Support Large-Scale Marine Air Ground Task 
Force Live-Fire and Maneuver Training at Marine Corps Air Ground Combat 
Center, Twenty-nine Palms, California, has determined that the 2012 EIS 
and 2017 SEIS and their supporting documentation, as incorporated by 
reference, adequately assess and disclose the environmental impacts of 
the Proposed Action including evaluation of the establishment of 
airspace for six temporary restricted airspace areas R-2509, 2509E, 
2509W, and 2509N (aka R-2509 E/W/N)
    Based on the evaluation for potential environmental impact in the 
above-mentioned NEPA documents, the FAA, as the Cooperating Agency, 
concluded that adoption of the EIS for Land Acquisition and Airspace 
Establishment to Support Large-Scale Marine Air Ground Task Force Live-
Fire and Maneuver Training at Marine Corps Air Ground Combat Center, 
Twenty-nine Palms, California, with incorporation of its supporting 
documentation, is authorized in accordance with 40 CFR1506.3, Adoption. 
Accordingly, FAA adopts the 2012 EIS and 2017 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.

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.  73.25  California [Amended]

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

R-2509E Twentynine Palms, CA [New]

    Boundaries. Beginning at lat. 34[deg]39'24'' N., long. 
116[deg]29'19'' 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]32'36'' N., long. 116[deg]35'12'' W.; to the point of beginning.
    Designated altitudes. Surface to FL 400.
    Time of designation. Intermittent by NOTAM 6 hours in advance 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 6 hours in advance 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]39'24'' N., long. 116[deg]29'19'' W.; to lat. 
34[deg]32'36'' N., long. 116[deg]35'12'' W.; to the point of beginning.
    Designated altitudes. Surface to 16,000 feet MSL.
    Time of designation. Intermittent by NOTAM 6 hours in advance 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

[[Page 29383]]

Center (MCAGCC), Twentynine Palms, CA.
* * * * *

    Issued in Washington, DC, on June 22, 2017.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-13566 Filed 6-28-17; 8:45 am]
BILLING CODE 4910-13-P