[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27510-27512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09921]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2021-0074; Airspace Docket No. 20-ANE-5]
RIN 2120-AA66
Amendment of Restricted Areas R-4102A and R-4102B; Fort Devens,
MA
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This action modifies restricted areas R-4102A and R-4102B at
Fort Devens, MA, by amending the
[[Page 27511]]
boundaries of the areas to align with the boundaries of the Fort
Devens' installation property; and by changing the time of designation
to reflect actual usage of the airspace.
DATES: Effective date: 0901 UTC, July 14, 2022.
FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules 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 establishes restricted area airspace at Fort Devens,
MA, to enhance aviation safety and accommodate essential U.S. Army
training activities.
History
The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0074 in the Federal Register (86 FR 17555; April 5, 2021),
proposing to modify restricted areas R-4102A and R-4102B at Fort
Devens, MA, to update the time of designation and the lateral
boundaries of the areas. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal. One comment was received from an individual commenter.
Discussion of Comment
The commenter expressed concern about FAA's determination of ``no
significant impact'' with regard to this action. The commenter likened
it to FAA's decision in the case of Moore Army Airfield in which the
commenter stated the 60 days comment period was waived. Moreover, the
commenter stated that the public lacked the benefit of a noise impact
study. Moore Airfield was closed during the 1990s and is now used for
auto racing and for state police training. Finally, the commenter
stated that they ``disagree with lifting the restrictions that are
currently over Oxbow Wildlife Refuge'' as ``[p]ropeller planes are
dumping noise and leaded aviation fuel emissions.''
In this case, the Environmental Assessment (EA) and Finding of No
Significant Impact (FNSI) were available for review and comment for 30
days, beginning June 22, 2018, and ending July 23, 2018. Copies of the
EA and Draft FNSI were made available on the official Fort Devens
website and printed copies were also made available at four local
libraries: The Ayer Public Library, the Hazen Memorial Library in
Shirley, the Harvard Public Library, and the Thayer Memorial Library in
Lancaster. The Army received responses from the Massachusetts
Historical Commission and Fitchburg Municipal Airport during the 30-day
public review period. The Army carefully read and considered all
comments received. Moreover, the EA's section on Biological Resources
found that although biological communities are found in the surrounding
areas, no noise impacts are anticipated on these communities because no
changes are proposed to the types of aircraft or types and number of
operations conducted within the airspace.
With regard to the commenter's final point, the current restricted
area configuration does infringe on the southernmost part of the
Refuge. However, this area is not available for use by the military for
environmental reasons. Therefore, there is no justification for
retaining restricted airspace over that location. Restricted areas are
only designated when necessary to contain and segregate activities that
would pose a hazard to aviation rather than address environmental
concerns. The Oxbow Refuge is identified on Visual Flight Rules (VFR)
aeronautical charts for pilot awareness. An advisory note on the chart
requests that pilots maintain a minimum flight altitude of 2,000 feet
above the ground if overflying the Refuge and similar sensitive areas.
The Rule
This action amends 14 CFR part 73 by modifying the time of
designation, and the boundaries of restricted areas R-4102A and R-4102B
at Fort Devens, MA. The current time of designation is ``0800 to 2200
Saturday, local time; other times by NOTAM issued 24 hours in
advance.'' This designation does not reflect the actual routine daily
use of the airspace necessary to meet the training requirements at Fort
Devens. The FAA is amending the time of designation to read:
``Intermittent, 0730 to 2200 local time, daily; other times by NOTAM
issued 24 hours in advance.'' This change provides more accurate
information to the aviation community about the current routine use of
the airspace, and it eliminates the administrative workload now
required to issue daily NOTAMs to activate the restricted areas.
The FAA is also modifying the boundaries of restricted areas R-
4102A and R-4102B by removing sections of the restricted airspace that
are not contained within the Fort Devens installation property
boundaries. Additionally, this rule slightly expands the restricted
areas on the northwest, northeast, and southeast sides to include small
parts of the training area that are actually located within the Fort
Devens installation property boundaries, but are outside of the current
restricted area boundaries. Taken together, these restricted area
boundary changes result in an overall reduction in the size of the
restricted areas at Fort Devens. The result is improved functionality
of the training area as well as increase safety during training
operations.
During periods when the restricted areas are not needed by the
using agency, the airspace will be returned to the controlling agency
(FAA, Boston Approach Control) for access by other aviation users.
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 airspace action of modifying
restricted areas R-4102A and R-4102B at Fort Devens, MA, 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,
[[Page 27512]]
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 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.
Accordingly, the FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study for this rulemaking action. On May 31, 2019,
in accordance with FAA Order 1050.1F, Environmental Impacts: Policies
and Procedures, Paragraph 8-2, Adoption of Other Agencies' NEPA
Documents, the FAA finalized its adoption Environmental Assessment of
the Army's Establishment of Restricted Area Airspace (R-) 4102A/B at
U.S. Army Garrison Fort Devens, Final Environmental Assessment of
Airspace Change Proposal at U.S. Army Garrison Fort Devens,
Massachusetts. The Army's Final EA analyzed the potential environmental
impacts of the proposed establishment of additional restricted area
airspace in support of the Army's training exercises. The additional
restricted area airspace would lower the risk of encountering non-
participating aircraft during those exercises. No changes to the types
of aircraft or types and number of operations conducted within the
airspace were proposed.
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. 73.41 Massachusetts [Amended]
0
2. Section 73.38 is amended as follows:
R-4102A Fort Devens, MA [Amended]
Boundaries. Beginning at lat. 42[deg]31'11'' N, long.
71[deg]38'29'' W; to lat. 42[deg]30'55'' N, long. 71[deg]37'51'' W;
to lat. 42[deg]30'12'' N, long. 71[deg]38'05'' W; to lat.
42[deg]29'38'' N, long. 71[deg]37'41'' W; to lat. 42[deg]28'21'' N,
long. 71[deg]39'14'' W; to lat. 42[deg]28'11'' N, long.
71[deg]39'32'' W; to lat. 42[deg]28'11'' N, long. 71[deg]39'38'' W;
to lat. 42[deg]28'15'' N, long. 71[deg]39'45'' W; to lat.
42[deg]28'25'' N, long. 71[deg]40'08'' W; to lat. 42[deg]28'54'' N,
long. 71[deg]41'00'' W; to lat. 42[deg]29'08'' N, long.
71[deg]41'06'' W; to lat. 42[deg]29'52'' N, long. 71[deg]41'08'' W;
to lat. 42[deg]30'17'' N, long. 71[deg]41'29'' W; to lat.
42[deg]30'19'' N, long. 71[deg]41'19'' W; to lat. 42[deg]30'37'' N,
long. 71[deg]40'30'' W; to lat. 42[deg]30'43'' N, long.
71[deg]40'17'' W; to lat. 42[deg]30'52'' N, long. 71[deg]40'14'' W;
to lat. 42[deg]30'54'' N, long. 71[deg]40'10'' W; to lat.
42[deg]30'53'' N, long. 71[deg]40'02'' W; to lat. 42[deg]30'48'' N,
long. 71[deg]39'57'' W; to lat. 42[deg]30'47'' N, long.
71[deg]39'45'' W; to lat. 42[deg]30'55'' N, long. 71[deg]39'31'' W;
to lat. 42[deg]30'58'' N, long. 71[deg]39'18'' W; to lat.
42[deg]30'57'' N, long. 71[deg]39'09'' W; to lat. 42[deg]30'52'' N,
long. 71[deg]38'42'' W; to lat. 42[deg]30'58'' N, long.
71[deg]38'33'' W; to lat. 42[deg]31'06'' N, long. 71[deg]38'37'' W;
thence to the point of beginning.
Designated altitudes. Surface to, but not including, 2000 feet
MSL.
Time of designation. Intermittent, 0730-2200 local time, daily;
other times by NOTAM issued 24 hours in advance.
Controlling agency. FAA, Boston Approach Control.
Using agency. Commander, U.S. Army Garrison, Fort Devens, MA.
R-4102B Fort Devens, MA [Amended]
Boundaries. Beginning at lat. 42[deg]31'11'' N, long.
71[deg]38'29'' W; to lat. 42[deg]30'55'' N, long. 71[deg]37'51'' W;
to lat. 42[deg]30'12'' N, long. 71[deg]38'05'' W; to lat.
42[deg]29'38'' N, long. 71[deg]37'41'' W; to lat. 42[deg]28'21'' N,
long. 71[deg]39'14'' W; to lat. 42[deg]28'11'' N, long.
71[deg]39'32'' W; to lat. 42[deg]28'11'' N, long. 71[deg]39'38'' W;
to lat. 42[deg]28'15'' N, long. 71[deg]39'45'' W; to lat.
42[deg]28'25'' N, long. 71[deg]40'08'' W; to lat. 42[deg]28'54'' N,
long. 71[deg]41'00'' W; to lat. 42[deg]29'08'' N, long.
71[deg]41'06'' W; to lat. 42[deg]29'52'' N, long. 71[deg]41'08'' W;
to lat. 42[deg]30'17'' N, long. 71[deg]41'29'' W; to lat.
42[deg]30'19'' N, long. 71[deg]41'19'' W; to lat. 42[deg]30'37'' N,
long. 71[deg]40'30'' W; to lat. 42[deg]30'43'' N, long.
71[deg]40'17'' W; to lat. 42[deg]30'52'' N, long. 71[deg]40'14'' W;
to lat. 42[deg]30'54'' N, long. 71[deg]40'10'' W; to lat.
42[deg]30'53'' N, long. 71[deg]40'02'' W; to lat. 42[deg]30'48'' N,
long. 71[deg]39'57'' W; to lat. 42[deg]30'47'' N, long.
71[deg]39'45'' W; to lat. 42[deg]30'55'' N, long. 71[deg]39'31'' W;
to lat. 42[deg]30'58'' N, long. 71[deg]39'18'' W; to lat.
42[deg]30'57'' N, long. 71[deg]39'09'' W; to lat. 42[deg]30'52'' N,
long. 71[deg]38'42'' W; to lat. 42[deg]30'58'' N, long.
71[deg]38'33'' W; to lat. 42[deg]31'06'' N, long. 71[deg]38'37'' W;
thence to the point of beginning.
Designated altitudes. 2000 feet MSL to 3995 feet MSL.
Time of designation. Intermittent, 0730-2200 local time, daily;
other times by NOTAM issued 24 hours in advance.
Controlling agency. FAA, Boston Approach Control.
Using agency. Commander, U.S. Army Garrison, Fort Devens, MA.
Issued in Washington, DC, on May 3, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-09921 Filed 5-6-22; 8:45 am]
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