[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26987-26988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09692]
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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
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), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This action amends restricted area R-7001C and establishes
four restricted areas, R-7001D, R-7002A, R-7002B, and R-7002C. The
Wyoming Army National Guard (WYARNG) requested the establishment of the
new restricted areas to support its air-to-ground firing from
helicopters and long range artillery training. This additional airspace
allows for the segregation of hazardous activities from non-
participating air traffic.
DATES: Effective date 0901 UTC, July 14, 2022.
FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, 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. 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
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2020-1053 in the Federal Register (86 FR 12552; March 4, 2021) to
amend restricted area R-7001C and establish four restricted areas, R-
7001D, R-7002A, R-7002B, and R-7002C. The current restricted area was
made public on February 14, 1962 (27 FR 1355). Since R-7001 was
established, increased activities, and advancements in technologies
require 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). Interested parties were
invited to participate in this rulemaking effort by submitting comments
on the proposal. No comments were received.
Differences From the NPRM
In the NPRM published in the Federal Register (86 FR 12552; March
4, 2021), some of the coordinates defining restricted area R-7002B are
inaccurately annotated. The first latitude specifies ``42[deg]22'24''
N'' and should read as ``42[deg]22'25'' N''. The third set of
coordinates show the longitude as ``04[deg]43'17'' W'' and should read
``104[deg]43'17'' W''. This rule corrects these errors.
The Rule
This action amends 14 CFR part 73 by amending R-7001C and
establishing R-7001D, R-7002A, R-7002B, and R-7002C at Guernsey, WY.
The amended and new restricted areas will support the Army's more
advanced technology weapons systems and provide further safety of the
NAS for general aviation pilots. The restricted area descriptions are
as follows:
R-7001C: R-7001C retain the current boundaries, but the floor of
the restricted area will begin at 23,501 feet mean sea level (MSL). No
other changes are made to the legal description.
R-7001D: R-7001D is established above R-7001C and has the same
boundaries as the existing restricted area. The altitudes are from
30,001 to 45,000 feet MSL. Operations are limited to 20 days a year.
R-7002A: R-7002A is established north of, and shares its southern
boundary with R-7001A, R-7001B, and R-7001C. The altitudes are from the
surface to 23,500 feet MSL. Operations are limited to 20 days a year.
R-7002B: R-7002B is established on the southeast border, and shares
its northern boundary with R-7001A, R-7001B, and R-7001C. The altitudes
are from the surface to 23,500 feet MSL. Operations are limited to 20
days a year.
R-7002C: R-7002C is established west of, and shares its eastern
border with R-7001A, R-7001B, and R-7001C. The altitudes are from the
surface to 23,500 feet MSL. Operations are limited to 20 days a year
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
[[Page 26988]]
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 rulemaking action of amending
restricted area R-7001C and establishing four restricted areas, R-
7001D, R-7002A, R-7002B, and R-7002C, qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this
rulemaking action is not expected to result in any potentially
significant environmental impacts. In accordance with FAA Order
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA
has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. For this rulemaking
action, the FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study. On February 2, 2022, and in accordance with
FAA Order 1050.1F, paragraph 8-2--Adoption of Other Agencies' NEPA
Documents, the FAA adopted WYARNG's Supplemental Environmental
Assessment (SEA) and Finding of No Significant Impact/Record of
Decision (FONSI) for the establishment of R-7001D, at Camp Guernsey,
Guernsey, Wyoming. WYARNG finalized its SEA in November 2021, and
signed the FONSI on December 28, 2021.
Lists 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. 73.70 Wyoming [Amended]
0
2. Section 73.70 is amended as follows:
* * * * *
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]22'25'' 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. 104[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, May 2, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-09692 Filed 5-5-22; 8:45 am]
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