[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44721-44723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20590]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-7055; Airspace Docket No. 15-AWP-11]


Establishment of Restricted Area R-2306F; Yuma Proving Ground, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes restricted area R-2306F in the 
vicinity of Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. The 
restricted area allows Yuma Proving Ground (YPG) to maximize the 
existing fixed infrastructure to support current and future hazardous 
test programs while minimizing the risk to public and non-participating 
aircraft. These programs involve ground and airborne testing of non-
eye-safe lasers, high energy radars and the development of unproven 
weapon systems and this ensures the safer testing and evaluation of 
these programs without impacting non-participating aircraft and general 
public.

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

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group, 
Office of Airspace Services, Federal

[[Page 44722]]

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 the air traffic service route structure in the 
north central United States to maintain the efficient flow of air 
traffic.

History

    On July 25, 2016, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) (81 FR 48364), Docket No. FAA-
2016-7055, to establish restricted area R-2306F, Yuma Proving Ground, 
AZ.
    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

    Subsequent to publication of the NPRM, the FAA identified 
geographic coordinates to more accurately reflect the existing 
boundaries using digital charting capabilities. The geographic 
coordinates identifying Laguna Army Airfield required a slight 
adjustment to accurately reflect the exact location. The geographic 
coordinates before and after Laguna Army Airfield needed to be 
corrected to ensure the FAA digital database meet tolerances of gap 
analysis.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) 
part 73 to establish a new restricted area (R-2306F) in the vicinity of 
Laguna Army Airfield (LGF) at Yuma Proving Ground, AZ. This action also 
incorporates the restricted area updates noted in the ``Differences 
from the NPRM'' section of this final rule. The FAA is taking this 
action for testing that includes both ground and air-to-ground 
propagation of non-eye-safe lasers, high power radars and 
developmental, unproven weapons systems. Testing includes the actual 
operation of these systems using various proven and unproven aircraft 
platforms. Due to the hazards of these systems, it is imperative that 
these activities be segregated within a restricted area. The changes 
from the NPRM are as follows:
    R-2306F: The geographic coordinates proposed as ``lat. 
32[deg]51'18'' N., long. 114[deg]19'29'' W.'' in the boundaries 
description are changed to ``lat. 32[deg]51'19'' N., long. 
114[deg]19'29'' W.'' Additionally, the geographic coordinates proposed 
as ``lat. 32[deg]51'52'' N., long. 114[deg]23'34'' W.'' in the 
boundaries description are changed to ``lat. 32[deg]51'53'' N., long. 
114[deg]23'35'' W.'' Lastly, the geographic coordinates proposed as 
``lat. 32[deg]49'30'' N., long. 114[deg]26'39'' W.'' in the boundaries 
description are changed to ``lat. 32[deg]49'30'' N., long. 
114[deg]26'38'' W.'' These coordinates are changed from the NPRM to 
ensure the FAA digital database meet tolerances of gap analysis.

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 a new 
restricted area (R-2306F) in the vicinity of Laguna Army Airfield (LGF) 
at Yuma Proving Ground, AZ, qualifies for FAA adoption as authorized 
under 40 CFR 1506.3, and 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.
    FAA's environmental impact review included an independent 
evaluation and adoption of the Army's Supplemental Environmental 
Assessment (SEA) for Proposed Special Use Airspace at Laguna Army 
Airfield, Yuma, Arizona which included the establishment of Restricted 
Area Airspace R-2306F. The Army's SEA, for which the FAA was a 
cooperating agency, was published July 2015 with issuance of its 
Finding of No Significant Impact (FONSI) on September 28, 2015.
    The FAA has carefully considered its statutory mandate under 49 
U.S.C. 40103 to ensure the safe and efficient use of the National 
Airspace System as well as the other aeronautical goals and objectives 
discussed in the Army's SEA, and has determined that the Army's 
Proposed Action provides the best airspace combination for meeting the 
needs stipulated in its SEA, that the SEA adequately assesses and 
discloses the environmental impacts of the Proposed Action, and that 
all practicable means to avoid or minimize environmental harm from that 
alternative have been adopted. Additionally, the FAA has determined 
that there have not been substantial changes to the Army's Proposed 
Action relevant to environmental concerns, and that there are no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the Proposed Action or its impacts. Therefore, 
the FAA has concluded that an additional supplement to the Supplemental 
EA is not required.
    A copy of the FAA's Adoption EA and FONSI/ROD document is available 
at https://www.regulations.gov/ by referencing this docket number.

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.  73.23  [Amended]

0
2. Section 73.23 is amended as follows:
* * * * *

R-2306F, Yuma West, AZ [New]

    Boundaries: Beginning at latitude 32[deg]51'52'' N., longitude 
114[deg]26'52'' W.; to latitude 32[deg]52'30'' N., longitude 
114[deg]21'03'' W.; to latitude 32[deg]51'15'' N., longitude 
114[deg]21'03'' W.; to latitude 32[deg]51'19'' N., longitude 
114[deg]19'29'' W.;

[[Page 44723]]

then clockwise along a 3.5 NM arc centered at latitude 32[deg]51'53'' 
N., longitude 114[deg]23'35'' W.; to latitude 32[deg]49'30'' N., 
longitude 114[deg]26'38'' W.; to latitude 32[deg]49'51'' N., longitude 
114[deg]26'38'' W.; to latitude 32[deg]50'08'' N., longitude 
114[deg]26'3'' W.; to latitude 32[deg]50'17'' N., longitude 
114[deg]26'19'' W.; to latitude 32[deg]50'31'' N., longitude 
114[deg]26'17'' W.; to latitude 32[deg]50'42'' N., longitude 
114[deg]26'9'' W.; to latitude 32[deg]51'11'' N., longitude 
114[deg]26'34'' W.; to the point of beginning.
    Designated altitudes: Surface to and including 1,700 feet MSL.
    Time of Designation: Intermittent, 0600-1800 local time, Monday-
Saturday; other times by NOTAM.
    Controlling Agency: Yuma Approach Control, MCAS Yuma, AZ.
    Using Agency: U.S. Army, Commanding Officer, Yuma Proving Ground, 
Yuma, AZ.

    Issued in Washington, DC, on September 20, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-20590 Filed 9-25-17; 8:45 am]
BILLING CODE 4910-13-P