[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Proposed Rules]
[Pages 12552-12554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00748]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2020-1053; Airspace Docket No. 20-ANM-32]
RIN 2120-AA66


Proposed Amendment of Restricted Area R-7001C and Establishment 
of Restricted Areas R-7001D, R-7002A, R-7002B, and R-7002C; Guernsey, 
WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend restricted area R-7001C and 
establish three restricted areas, R-7001D, R-7002A, R-7002B, and R-
7002C at Guernsey, WY. The Wyoming Army National Guard (WYARNG) 
requested the establishment of the new restricted areas to support its 
air-to-ground firing from helicopters and longer range artillery 
training. This additional airspace allows for the segregation of 
hazardous activities from non-participating air traffic. The FAA is 
also proposing to amend R-7001C to correct an inadvertent error to 
ensure proper vertical separation.

DATES: Comments must be received on or before April 19, 2021.

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 Number FAA-2020-0153; Airspace Docket No. 20-ANM-32 at the 
beginning of your comments. You may also submit comments through the 
internet at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and 
Regulations Group, Office of Policy, 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 (U.S.C.). 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 amend and establish restricted area airspace at 
Guernsey, WY, to contain activities deemed hazardous to 
nonparticipating aircraft.

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 
Number FAA-2020-0153; Airspace Docket No. 20-ANM-32) and be submitted 
in triplicate to the Docket Management Facility (see ADDRESSES section 
for address and phone number). You may also submit comments through the 
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments

[[Page 12553]]

on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket FAA-2020-0153; Airspace Docket No. 20-ANM-32.'' The 
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment 
closing date 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 comment 
closing date. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://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 in 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 Western Service Center, Operations 
Support Group, Federal Aviation Administration, 2200 South 216th St., 
Des Moines, WA 98198.

Background

    In a final rule published on February 14, 1962, the FAA established 
restricted area R-7001 (27 FR 1355) at Guernsey, WY, in order to 
provide special use airspace for the hazardous artillery firing 
conducted by Army National Guard (Army) units during its annual summer 
training periods. Since R-7001 was established, the Army's activities 
and technologies have changed, requiring amendments to R-7001 and the 
establishment of new restricted areas to ensure non-participating 
aircraft are protected from hazardous activity in the National Airspace 
System (NAS). Currently, the restricted areas at Guernsey, WY, are 
designated as R-7001A, R-7001B, and R-7001C. In August 1979, the FAA 
divided R-7001 vertically into R-7001A and R-7001B (44 FR 34114; June 
14, 1979) to provide greater flexibility for military training and 
divide the airspace vertically to allow non-participating aircraft 
access to unused portions of the airspace, when not in use. The FAA 
established R-7001C in February 1985 (50 FR 6156; February 14, 1985) to 
protect the NAS from the high angle fire of various weapons and permit 
maximum firing capability of these weapons.
    In order to address the advances in weapons systems capabilities 
and provide the United States Army the ability to conduct longer range 
artillery training, several Controlled Firing Areas (CFA) were 
established for use in the same location as R-7002A, R-7002 B, and R-
7002C. The current configuration of restricted areas and CFAs can no 
longer support the full capability of the artillery in part, due to the 
operational limitations of the CFAs. Camp Guernsey Joint Training 
Center hosts several exercises throughout the year. During these 
exercises, 155mm artillery, M270 Multiple Launch Rocket System (MLRS), 
and M142 High Mobility Artillery Rocket System (HIMARS) are fired. 
Additionally, Guernsey, WY is the closest restricted area complex to 
F.E. Warren Air Force Base, WY. The development of these new restricted 
areas would accommodate the United States Air Force's activities and 
provide for its ability to train locally for air-to-ground firing from 
helicopters, and the associated Weapon Danger Zones (WDZ).
    Finally, while conducting the evaluation of the restricted areas at 
Guernsey, WY, the FAA noted that R-7001B and R-7001C were inadvertently 
overlapping airspace. The ceiling of R-7001B stops at 23,500 feet mean 
sea level (MSL) and the floor of R-7001C starts at 23,500 feet MSL. 
This is an error and the proposed amendment would provide the necessary 
vertical separation between the two restricted airspace areas.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 73 to amend restricted area R-7001C and 
establish R-7001D, R-7002A, R-7002B, and R-7002C at Guernsey, WY. The 
FAA is proposing this action at the request of the WYARNG activities 
and due to correct an inadvertent error. Full legal descriptions are in 
the ``The Proposed Amendment'' section of this NPRM.
    The proposed restricted areas are described below.
    R-7001C: R-7001C would retain the current boundaries, but the floor 
of the restricted area would begin at 23,501 feet MSL. No other changes 
would be made to the legal description.
    R-7001D: R-7001D would be established above R-7001C and would have 
the same boundaries as the existing restricted area. The altitudes 
would be from 30,001 to 45,000 feet MSL. Operations would be limited to 
20 days a year.
    R-7002A: R-7002A would be established north of, and sharing its 
southern boundary with R-7001A, R-7001B, and R-7001C. The altitudes 
would be from the surface to 23,500 feet MSL. Operations would be 
limited to 20 days a year.
    R-7002B: R-7002B would be established on the southeast border, and 
sharing its northern boundary with R-7001A, R-7001B, and R-7001C. The 
altitudes would be from the surface to 23,500 feet MSL. Operations 
would be limited to 20 days a year.
    R-7002C: R-7002C would be established west of, and sharing its 
eastern border with R-7001A, R-7001B, and R-7001C. The altitudes would 
be from the surface to 23,500 feet MSL. Operations would be limited to 
20 days a year.

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 subject 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.

[[Page 12554]]

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.  73.70   Wyoming [Amended]

0
2. Sec.  73.70 is amended as follows:
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R-7001C Guernsey, WY [Amended]

    Boundaries: Beginning at lat. 42[deg]27'30'' N, long. 
104[deg]52'32'' W; to lat. 42[deg]27'30'' N, long. 104[deg]42'32'' 
W; to lat. 42[deg]22'30'' N, long. 104[deg]42'32'' W; to lat. 
42[deg]20'00'' N, long. 104[deg]52'32'' W; to the point of 
beginning.
    Designated altitudes: 23,501 feet MSL to 30,000 feet MSL.
    Time of designation: Intermittent, 24 hours in advance by NOTAM.
    Controlling agency: FAA, Denver ARTCC.
    Using agency: Adjutant General, State of Wyoming.

R-7001D Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]27'30'' N, long. 
104[deg]52'32'' W; to lat. 42[deg]27'30'' N, long. 104[deg]42'32'' 
W; to lat. 42[deg]22'30'' N, long. 104[deg]42'32'' W; to lat. 
42[deg]20'00'' N, long. 104[deg]52'32'' W; to the point of 
beginning.
    Designated Altitudes: 30,001 feet MSL to 45,000 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.

R-7002A Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]27'55'' N, long. 
104[deg]52'33'' W; to lat. 42[deg]27'55'' N, long. 104[deg]51'46'' 
W; to lat. 42[deg]28'21'' N, long. 104[deg]51'45'' W; to lat. 
42[deg]28'21'' N, long. 104[deg]48'46'' W; to lat. 42[deg]27'56'' N, 
long. 104[deg]48'46'' W; to lat. 42[deg]27'55'' N, long. 
104[deg]47'28'' W; to lat. 42[deg]27'30'' N, long. 104[deg]46'43'' 
W; to lat. 42[deg]27'30'' N, long. 104[deg]52'32'' W; to the point 
of beginning.
    Designated Altitudes: Surface to 23,500 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.

R-7002B Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]22'24'' N, long. 
104[deg]42'54'' W; to lat. 42[deg]21'41'' N, long. 104[deg]42'52'' 
W; to lat. 42[deg]21'11'' N, long. 04[deg]43'17'' W; to lat. 
42[deg]21'12'' N, long. 104[deg]47'16'' W; to lat. 42[deg]21'19'' N, 
long. 104[deg]47'16'' W; to the point of beginning.
    Designated Altitudes: Surface to 23,500 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.

R-7002C Guernsey, WY [New]

    Boundaries: Beginning at lat. 42[deg]27'03'' N; long. 
104[deg]53'54'' W; to lat. 42[deg]27'03'' N; long. 104[deg]52'32'' 
W; to lat. 42[deg]20'00'' N; long. 104[deg]52'32'' W; to lat. 
42[deg]20'18'' N; long. 104[deg]51'19'' W; to lat. 42[deg]19'42'' N; 
long. 104[deg]51'17'' W; to lat. 42[deg]19'43'' N; long. 
104[deg]53'03'' W; to lat. 42[deg]20'49'' N; long. 104[deg]54'38'' 
W; to lat. 42[deg]22'43'' N; long. 104[deg]54'38'' W; to lat. 
42[deg]22'48'' N; long. 104[deg]53'22'' W; to lat. 42[deg]23'39'' N; 
long. 104[deg]53'23'' W; to lat. 42[deg]23'40'' N; long. 
104[deg]53'58'' W; to the point of beginning; excluding that 
airspace 500 feet AGL and below \1/4\ mile either side of the BNSF 
railroad.
    Designated Altitudes: Surface to 23,500 feet MSL.
    Time of Designation: By NOTAM, at least 24 hours in advance.
    Controlling Agency: FAA, Denver ARTCC.
    Using Agency: Adjutant General, State of Wyoming.
* * * * *

    Issued in Washington, DC, on January 11, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-00748 Filed 3-3-21; 8:45 am]
BILLING CODE 4910-13-P