Establishment of Restricted Area R-2603; Fort Carson, CO, 46898-46900 [2017-21794]
Download as PDF
46898
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
amends Class E airspace extending
upward from 700 feet above the surface
within a 7.1-mile radius (increased from
a 6.8 mile radius) of Evansville Regional
Airport, Evansville, IN. The segment
4.4-miles wide (2.2 miles from each side
of the 001° bearing from the airport)
extending from the 6.8-mile radius is
modified to a 4-mile wide segment
extending from the 7.1-mile radius of
the airport to 11.6 miles (increased from
11.2 miles) north of the airport.
The 4.4-mile wide segment (2.2 miles
from each side of the 181° bearing from
the airport) extending from the 6.8-mile
radius of the airport to 11.3 miles south
of the airport is removed.
The Pocket City VORTAC navigation
aid segment is amended to within a 7.1mile radius (from a 6.8-mile radius) of
the airport to the VORTAC. Airspace
reconfiguration is necessary due to the
decommissioning of the Evansville NDB
and cancellation of the NDB
approaches, and enhances the safety
and management of the standard
instrument approach procedures for IFR
operations at the airport.
The amendment of Class C airspace at
Evansville Regional Airport, included in
this rule in error, is removed and will
be addressed in a separate rulemaking.
Regulatory Notices and Analyses
Pmangrum on DSK3GDR082PROD with RULES
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, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under 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 qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
VerDate Sep<11>2014
14:55 Oct 06, 2017
Jkt 244001
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
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.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
*
*
*
*
*
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
AGL IN E5
*
*
Evansville, IN [Amended]
Evansville Regional Airport, IN
(Lat. 38°02′27″ N., long. 87°31′43″ W.)
Pocket City VORTAC
(Lat. 37°55′42″ N., long. 87°45′45″ W.)
That airspace extending upward from 700
feet above the surface within a 7.1-mile
radius of Evansville Regional Airport, and
within 2 miles each side of the 001° bearing
from the airport extending from the 7.1-mile
radius to 11.6 miles north of the airport, and
within 4 miles each side of the Pocket City
VORTAC 060° radial extending from the 7.1mile radius to the VORTAC.
Issued in Fort Worth, Texas, on September
29, 2017.
Christopher L. Southerland,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2017–21509 Filed 10–6–17; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2016–8927; Airspace
Docket No. 15–ANM–24]
Establishment of Restricted Area R–
2603; Fort Carson, CO
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
Adoption of the Amendment
§ 71.1
DEPARTMENT OF TRANSPORTATION
This action establishes
restricted area R–2603 within the
existing Fort Carson, CO, Pinon Canyon
Maneuver Site (PCMS), near Trinidad,
CO. The U.S. Army requires additional
restricted airspace because the restricted
area ranges at Fort Carson are not large
enough to meet all training
requirements. R–2603 will provide
increased ground-to-air, air-to-ground,
and air-to-air battle space to increase
training capacity and relieve training
congestion at Fort Carson.
DATES:
Effective date: 0901 UTC, December 7,
2017.
FOR FURTHER INFORMATION CONTACT:
Kenneth Ready, Airspace Policy Group,
Office of Airspace Services, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 the restricted area airspace
at Fort Carson, CO, to accommodate
essential Army training requirements
and ensure the safety of aircraft
otherwise permitted to overfly the
location established for Army training.
History
The FAA published in the Federal
Register a notice of proposed
rulemaking (NPRM) (81 FR 62847,
E:\FR\FM\10OCR1.SGM
10OCR1
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
September 13, 2016), Docket No. FAA–
2016–8927, to establish restricted area
R–2603 to support hazardous training
activities conducted within the Pinon
Canyon Maneuver Site (PCMS), a
military training site for Fort Carson.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. Two comments were received,
one from the Aircraft Owners and Pilots
Association (AOPA) and one supporting
the establishment of the airspace to
support military training.
Pmangrum on DSK3GDR082PROD with RULES
Discussion of Comments
In their response to the NPRM, AOPA
raised several substantive issues. AOPA
contended the proposed airspace design
would have a negative impact on
general aviation aircraft highlighting
four main areas of concern: Impacts to
Instrument Flight Rules (IFR) aircraft;
impacts to Visual Flight Rules (VFR)
aircraft; charting the restricted area; and
times of use. Having considered the
issues provided by AOPA, the FAA
offers the following responses.
Impacts to Instrument Flight Rules (IFR)
Aircraft
AOPA is concerned with two airways
(V–81 and V–169) being effected by the
establishment of R–2603. The two
airways are within the restricted area
boundary from the surface to 10,000 feet
MSL. AOPA stated general aviation
aircraft must routinely operate IFR at
lower altitudes to stay out of icing and
due to performance limitations and
requiring an aircraft to fly several
thousand more feet than is currently
required, staying above R–2603’s
ceiling, could impact general aviation’s
ability to transit these airways when the
restricted area is active. Additionally,
AOPA is concerned with feeder route
for the Perry Stokes Airport (TAD)
RNAV (GPS) RWY 21 instrument
approach.
The FAA recognizes the impact to
general aviation aircraft and has
modified the proposal to minimize the
impact to allow complete access to V–
169. Additionally, should aircraft
encounter icing conditions that would
require them to descend to altitudes
encompassed by the proposed restricted
area, Denver ARTCC would coordinate
with the Using Agency and those
altitudes would be released.
The FAA recognizes the RNAV (GPS)
RWY 21 instrument approach into TAD
airport from BLOOM initial approach
fix would be unusable when the
restricted area is activated. However,
RADIO initial approach fix is
unencumbered by the restricted area
less than 10 NMs away. An aircraft can
VerDate Sep<11>2014
14:55 Oct 06, 2017
Jkt 244001
initiate the approach from this fix or be
vectored to intercept the radial inbound
from RADIO with minimal impact to
general aviation aircraft.
Impacts to Visual Flight Rules (VFR)
Aircraft
AOPA stated pilots flying under VFR
routinely follow prominent railroads
and highways to get to their destination.
US Route 350 and a parallel railroad
proceed from TAD to La Junta
Municipal Airport (LHX). Following
this route would keep a pilot clear of the
restricted area; however, the western
boundary point is uncomfortably close
for many pilots to utilize this route
without proceeding unnecessarily north
of the road and tracks.
The FAA has determined that only
the most northwest point of the
proposed restricted area is close to US
Route 350. The closest point for this
momentary instance is .12 NM from US
350 and .20 NM from the railroad tracks.
VFR aircraft flying over either of these
reference points would be clear of the
proposed restricted area’s closest point.
Beyond this point, the distance from the
proposed restricted area increases
rapidly in both directions. Aircraft
utilizing these ground reference points
would have a clear boundary identifying
they are clear of the restricted area. As
long as the aircraft remain over the
highway or train tracks, the restricted
airspace will not be violated.
Charting of the Restricted Area
AOPA requested the activation of the
new restricted area should occur
concurrently or after the charting of the
airspace on the Denver and Wichita
Sectional Charts. Additionally, the FAA
should make the effective date of
restricted area airspace coincide with
the sectional chart cycle so that pilots
have the latest information and a
graphical depiction of the change.
Lastly, the instrument approach
procedures to airports in proximity to
R–2603 should be updated to
graphically depict the new restricted
area to increase situational awareness
for instrument pilots. Similar to the
Pinon Canyon Military Operations Area
(MOA) being charted on the procedures
into LHX, the restricted area and MOA
should be added to TAD’s approach and
departure procedures.
The FAA concurs with AOPA and
will make the new restricted area
effective in accordance with guidance to
chart on a 56-day cycle, which is
December 7, 2017. However, the FAA
has mandated to the proponent that it
will not be utilized until the Wichita
and Denver VFR sectionals are updated
January 4, 2018. Lastly, the FAA will
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
46899
ensure the approach and departure
procedures are updated.
Times of Use
AOPA stated, as part of the Colorado
Airspace Initiative, the Pinon Canyon
MOA (within which R–2306 will be
located) had its boundaries modified in
December 1999. The airspace circular
for the modification (Air Traffic
Division Letter to Airmen No. 98–03;
Study No. 98–ANM–001–NR) stated the
MOA ‘‘would not be scheduled for use
between 10:00 p.m. and 7:00 a.m.
local.’’ The Final Environmental Impact
Statement (FEIS) states Pinon Canyon
MOA’s utilization is ‘‘low’’ and that in
2012 had only eight days of activation.
AOPA is concerned the proponent’s
intention may be to activate the existing
MOA whenever the restricted area is in
use. This issue is not addressed in the
FEIS or in the NPRM. The NPRM for the
restricted area states, ‘‘the area would be
required to support approximately five
training cycles per year with the longest
duration of each cycle being
approximately four to five weeks,’’
AOPA believes the previous statements
made in the Letter to Airmen to limit
utilization of the MOA may not be
honored. AOPA commented that the
proponent should continue the
overnight embargo on the MOA’s
utilization and should only activate the
MOA when it is explicitly needed to
support operations. According to the
comment, activating the MOA
continuously for five weeks would not
be responsible management of the
airspace and would have a considerable
impact on civil aviation in the area.
The FAA has changed the times of use
of Pinon Canyon MOA to ‘‘Intermittent
by NOTAM 0700 to 2200, daily.’’ This
change ensures the December 1999
amendment is followed as stated in the
circular. Additionally, the restricted
area time of designation has been
amended to ‘‘By NOTAM 24 Hours in
Advance.’’
Differences From the NPRM
Subsequent to publication of the
NPRM, it was requested by the FAA
charting team to change the order of the
lat./long. coordinates to a clockwise
direction vice a counter clockwise
direction for ease of charting.
Additionally, in response to a comment
from AOPA, the FAA identified a
geographic lat./long. coordinate which
was relocated to ensure ample
separation from airway V–169. The
following restricted area update is
incorporated in this action.
The geographic lat./long. coordinates
are reversed for a clockwise listing of
lat./long. coordinates. Additionally, the
E:\FR\FM\10OCR1.SGM
10OCR1
46900
Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
geographic lat./long. coordinate for the
point located in the northeast corner of
R–2603 has been relocated, so as to not
impact use of the airway.
The Rule
The FAA is amending Title 14 Code
of Federal Regulations (14 CFR) part 73
to establish a new restricted area R–
2603 at the Pinon Canyon Maneuver
Site, near Trinidad, CO. The FAA is also
incorporating the restricted area updates
noted in the Differences from the NPRM
section. The FAA is taking this action to
ensure realistic Army training which
provides increased ground-to-air, air-toground, and air-to-air battle space to
increase training capacity and relieve
training congestion at Fort Carson. The
changes from what was proposed in the
NPRM are as follows:
R–2603: The geographic coordinate
proposed as ‘‘lat. 37°38′33″ N., long.
103°35′11″ W.’’ in the boundaries
description is deleted and replaced by a
point identified as ‘‘lat. 37°38′28″ N.,
long. 103°42′40″ W.’’ The legal
description of R–2603 was changed
from a counter clockwise direction to a
clockwise direction.
Pmangrum on DSK3GDR082PROD with RULES
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 restricted area R–
2603 within the existing Fort Carson,
CO, Pinon Canyon Maneuver Site
(PCMS), near Trinidad, CO, qualifies for
FAA adoption 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
purpose of creating and utilizing the
Restricted Area (RA) is to allow for
VerDate Sep<11>2014
14:55 Oct 06, 2017
Jkt 244001
increased ground-to-air, air-to-ground,
and air-to-air battle space to increase
training capacity and relieve training
congestion at Fort Carson. The FAA,
after conducting an independent review
and evaluation of the United States
Army’s Final Environmental Impact
Statement of the Pinon Canyon
Maneuver Site Training and Operations
(EIS) and Record of Decision (ROD) for
Restricted Area R–2603 at Fort Carson,
CO, has determined that the Army’s EIS
and its supporting documentation
adequately assesses and discloses the
environmental impacts of the Proposed
Action including evaluation of the
establishment of airspace for restricted
airspace area R–2603. In March 2013,
the Army Environmental Command and
Fort Carson released the EIS regarding
the Pinon Canyon Maneuver Site
(PCMS) Training and Operations located
in Colorado. On May 1, 2015, the Army
issued their ROD. The Army prepared
its EIS and ROD in compliance with
NEPA and Army-specific environmental
regulations (32 CFR part 651).
Based on the evaluation for potential
environmental impact in the Army’s
EIS, the FAA, as the Cooperating
Agency for the Army’s proposed action,
concluded that adoption of the Army’s
EIS evaluating the proposed
establishment of R–2603 is authorized
in accordance with 40 CFR 1506.3,
Adoption. Accordingly, FAA adopts the
Army’s 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.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73 as follows:
PART 73—SPECIAL USE AIRSPACE
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.
§ 73.26
[Amended]
2. Section 73.26 is amended as
follows:
*
*
*
*
*
■
R–2603 Fort Carson, CO [New]
Boundaries: Beginning lat. 37°22′30″ N.,
long. 104°04′47″ W.; to lat. 37°32′27″ N.,
long. 104°06′32″ W.; to lat. 37°32′27″ N.,
long. 104°02′15″ W.; to lat. 37°33′21″ N.,
long. 103°57′55″ W.; to lat. 37°35′59″ N.,
long. 103°57′50″ W.; to lat. 37°35′57″ N.,
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
long. 103°54′40″ W.; to lat. 37°38′10″ N.,
long. 103°48′47″ W.; to lat. 37°38′32″ N.,
long. 103°48′43″ W.; to lat. 37°38′28″ N.,
long. 103°42′40″ W.; to lat. 37°32′46″ N.,
long. 103°42′46″ W.; to lat. 37°21′10″ N.,
long. 103°54′41″ W.; to lat. 37°21′15″ N.,
long. 104°02′35″ W.; thence to the point of
beginning.
Designated altitudes: Surface to but not
including 10,000 feet Mean Sea Level (MSL).
Time of designation: By NOTAM 24 hours
in advance.
Controlling agency: FAA, Denver ARTCC.
Using agency: Commander, U.S. Army,
Fort Carson, CO.
Issued in Washington, DC, on October 3,
2017.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017–21794 Filed 10–6–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 870
[Docket No. FDA–2017–N–1620]
Medical Devices; Cardiovascular
Devices; Classification of the
Adjunctive Cardiovascular Status
Indicator; Correction
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order; correction.
The Food and Drug
Administration (FDA) is correcting a
final order entitled ‘‘Medical Devices;
Cardiovascular Devices; Classification of
the Adjunctive Cardiovascular Status
Indicator’’ that appeared in the Federal
Register of July 28, 2017. The final order
was published with an incorrect
statement in the preamble about
whether FDA planned to exempt the
device from premarket notification
requirements. This document corrects
that error.
DATES: Effective October 10, 2017.
FOR FURTHER INFORMATION CONTACT:
Nathalie Yarkony, Center for Devices
and Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1254, Silver Spring,
MD 20993–0002, Nathalie.yarkony@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of July 28, 2017 (82 FR
35065), FDA published the final order
‘‘Medical Devices; Cardiovascular
Devices; Classification of the Adjunctive
Cardiovascular Status Indicator.’’ The
final order published with an incorrect
statement in the preamble about
SUMMARY:
E:\FR\FM\10OCR1.SGM
10OCR1
Agencies
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Rules and Regulations]
[Pages 46898-46900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21794]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA-2016-8927; Airspace Docket No. 15-ANM-24]
Establishment of Restricted Area R-2603; Fort Carson, CO
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes restricted area R-2603 within the
existing Fort Carson, CO, Pinon Canyon Maneuver Site (PCMS), near
Trinidad, CO. The U.S. Army requires additional restricted airspace
because the restricted area ranges at Fort Carson are not large enough
to meet all training requirements. R-2603 will provide increased
ground-to-air, air-to-ground, and air-to-air battle space to increase
training capacity and relieve training congestion at Fort Carson.
DATES:
Effective date: 0901 UTC, December 7, 2017.
FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy 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 the restricted area airspace at Fort Carson, CO, to
accommodate essential Army training requirements and ensure the safety
of aircraft otherwise permitted to overfly the location established for
Army training.
History
The FAA published in the Federal Register a notice of proposed
rulemaking (NPRM) (81 FR 62847,
[[Page 46899]]
September 13, 2016), Docket No. FAA-2016-8927, to establish restricted
area R-2603 to support hazardous training activities conducted within
the Pinon Canyon Maneuver Site (PCMS), a military training site for
Fort Carson.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. Two comments
were received, one from the Aircraft Owners and Pilots Association
(AOPA) and one supporting the establishment of the airspace to support
military training.
Discussion of Comments
In their response to the NPRM, AOPA raised several substantive
issues. AOPA contended the proposed airspace design would have a
negative impact on general aviation aircraft highlighting four main
areas of concern: Impacts to Instrument Flight Rules (IFR) aircraft;
impacts to Visual Flight Rules (VFR) aircraft; charting the restricted
area; and times of use. Having considered the issues provided by AOPA,
the FAA offers the following responses.
Impacts to Instrument Flight Rules (IFR) Aircraft
AOPA is concerned with two airways (V-81 and V-169) being effected
by the establishment of R-2603. The two airways are within the
restricted area boundary from the surface to 10,000 feet MSL. AOPA
stated general aviation aircraft must routinely operate IFR at lower
altitudes to stay out of icing and due to performance limitations and
requiring an aircraft to fly several thousand more feet than is
currently required, staying above R-2603's ceiling, could impact
general aviation's ability to transit these airways when the restricted
area is active. Additionally, AOPA is concerned with feeder route for
the Perry Stokes Airport (TAD) RNAV (GPS) RWY 21 instrument approach.
The FAA recognizes the impact to general aviation aircraft and has
modified the proposal to minimize the impact to allow complete access
to V-169. Additionally, should aircraft encounter icing conditions that
would require them to descend to altitudes encompassed by the proposed
restricted area, Denver ARTCC would coordinate with the Using Agency
and those altitudes would be released.
The FAA recognizes the RNAV (GPS) RWY 21 instrument approach into
TAD airport from BLOOM initial approach fix would be unusable when the
restricted area is activated. However, RADIO initial approach fix is
unencumbered by the restricted area less than 10 NMs away. An aircraft
can initiate the approach from this fix or be vectored to intercept the
radial inbound from RADIO with minimal impact to general aviation
aircraft.
Impacts to Visual Flight Rules (VFR) Aircraft
AOPA stated pilots flying under VFR routinely follow prominent
railroads and highways to get to their destination. US Route 350 and a
parallel railroad proceed from TAD to La Junta Municipal Airport (LHX).
Following this route would keep a pilot clear of the restricted area;
however, the western boundary point is uncomfortably close for many
pilots to utilize this route without proceeding unnecessarily north of
the road and tracks.
The FAA has determined that only the most northwest point of the
proposed restricted area is close to US Route 350. The closest point
for this momentary instance is .12 NM from US 350 and .20 NM from the
railroad tracks. VFR aircraft flying over either of these reference
points would be clear of the proposed restricted area's closest point.
Beyond this point, the distance from the proposed restricted area
increases rapidly in both directions. Aircraft utilizing these ground
reference points would have a clear boundary identifying they are clear
of the restricted area. As long as the aircraft remain over the highway
or train tracks, the restricted airspace will not be violated.
Charting of the Restricted Area
AOPA requested the activation of the new restricted area should
occur concurrently or after the charting of the airspace on the Denver
and Wichita Sectional Charts. Additionally, the FAA should make the
effective date of restricted area airspace coincide with the sectional
chart cycle so that pilots have the latest information and a graphical
depiction of the change. Lastly, the instrument approach procedures to
airports in proximity to R-2603 should be updated to graphically depict
the new restricted area to increase situational awareness for
instrument pilots. Similar to the Pinon Canyon Military Operations Area
(MOA) being charted on the procedures into LHX, the restricted area and
MOA should be added to TAD's approach and departure procedures.
The FAA concurs with AOPA and will make the new restricted area
effective in accordance with guidance to chart on a 56-day cycle, which
is December 7, 2017. However, the FAA has mandated to the proponent
that it will not be utilized until the Wichita and Denver VFR
sectionals are updated January 4, 2018. Lastly, the FAA will ensure the
approach and departure procedures are updated.
Times of Use
AOPA stated, as part of the Colorado Airspace Initiative, the Pinon
Canyon MOA (within which R-2306 will be located) had its boundaries
modified in December 1999. The airspace circular for the modification
(Air Traffic Division Letter to Airmen No. 98-03; Study No. 98-ANM-001-
NR) stated the MOA ``would not be scheduled for use between 10:00 p.m.
and 7:00 a.m. local.'' The Final Environmental Impact Statement (FEIS)
states Pinon Canyon MOA's utilization is ``low'' and that in 2012 had
only eight days of activation. AOPA is concerned the proponent's
intention may be to activate the existing MOA whenever the restricted
area is in use. This issue is not addressed in the FEIS or in the NPRM.
The NPRM for the restricted area states, ``the area would be required
to support approximately five training cycles per year with the longest
duration of each cycle being approximately four to five weeks,'' AOPA
believes the previous statements made in the Letter to Airmen to limit
utilization of the MOA may not be honored. AOPA commented that the
proponent should continue the overnight embargo on the MOA's
utilization and should only activate the MOA when it is explicitly
needed to support operations. According to the comment, activating the
MOA continuously for five weeks would not be responsible management of
the airspace and would have a considerable impact on civil aviation in
the area.
The FAA has changed the times of use of Pinon Canyon MOA to
``Intermittent by NOTAM 0700 to 2200, daily.'' This change ensures the
December 1999 amendment is followed as stated in the circular.
Additionally, the restricted area time of designation has been amended
to ``By NOTAM 24 Hours in Advance.''
Differences From the NPRM
Subsequent to publication of the NPRM, it was requested by the FAA
charting team to change the order of the lat./long. coordinates to a
clockwise direction vice a counter clockwise direction for ease of
charting. Additionally, in response to a comment from AOPA, the FAA
identified a geographic lat./long. coordinate which was relocated to
ensure ample separation from airway V-169. The following restricted
area update is incorporated in this action.
The geographic lat./long. coordinates are reversed for a clockwise
listing of lat./long. coordinates. Additionally, the
[[Page 46900]]
geographic lat./long. coordinate for the point located in the northeast
corner of R-2603 has been relocated, so as to not impact use of the
airway.
The Rule
The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 73 to establish a new restricted area R-2603 at the Pinon Canyon
Maneuver Site, near Trinidad, CO. The FAA is also incorporating the
restricted area updates noted in the Differences from the NPRM section.
The FAA is taking this action to ensure realistic Army training which
provides increased ground-to-air, air-to-ground, and air-to-air battle
space to increase training capacity and relieve training congestion at
Fort Carson. The changes from what was proposed in the NPRM are as
follows:
R-2603: The geographic coordinate proposed as ``lat. 37[deg]38'33''
N., long. 103[deg]35'11'' W.'' in the boundaries description is deleted
and replaced by a point identified as ``lat. 37[deg]38'28'' N., long.
103[deg]42'40'' W.'' The legal description of R-2603 was changed from a
counter clockwise direction to a clockwise direction.
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 restricted
area R-2603 within the existing Fort Carson, CO, Pinon Canyon Maneuver
Site (PCMS), near Trinidad, CO, qualifies for FAA adoption 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 purpose of
creating and utilizing the Restricted Area (RA) is to allow for
increased ground-to-air, air-to-ground, and air-to-air battle space to
increase training capacity and relieve training congestion at Fort
Carson. The FAA, after conducting an independent review and evaluation
of the United States Army's Final Environmental Impact Statement of the
Pinon Canyon Maneuver Site Training and Operations (EIS) and Record of
Decision (ROD) for Restricted Area R-2603 at Fort Carson, CO, has
determined that the Army's EIS and its supporting documentation
adequately assesses and discloses the environmental impacts of the
Proposed Action including evaluation of the establishment of airspace
for restricted airspace area R-2603. In March 2013, the Army
Environmental Command and Fort Carson released the EIS regarding the
Pinon Canyon Maneuver Site (PCMS) Training and Operations located in
Colorado. On May 1, 2015, the Army issued their ROD. The Army prepared
its EIS and ROD in compliance with NEPA and Army-specific environmental
regulations (32 CFR part 651).
Based on the evaluation for potential environmental impact in the
Army's EIS, the FAA, as the Cooperating Agency for the Army's proposed
action, concluded that adoption of the Army's EIS evaluating the
proposed establishment of R-2603 is authorized in accordance with 40
CFR 1506.3, Adoption. Accordingly, FAA adopts the Army's 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.
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. 73.26 [Amended]
0
2. Section 73.26 is amended as follows:
* * * * *
R-2603 Fort Carson, CO [New]
Boundaries: Beginning lat. 37[deg]22'30'' N., long.
104[deg]04'47'' W.; to lat. 37[deg]32'27'' N., long. 104[deg]06'32''
W.; to lat. 37[deg]32'27'' N., long. 104[deg]02'15'' W.; to lat.
37[deg]33'21'' N., long. 103[deg]57'55'' W.; to lat. 37[deg]35'59''
N., long. 103[deg]57'50'' W.; to lat. 37[deg]35'57'' N., long.
103[deg]54'40'' W.; to lat. 37[deg]38'10'' N., long. 103[deg]48'47''
W.; to lat. 37[deg]38'32'' N., long. 103[deg]48'43'' W.; to lat.
37[deg]38'28'' N., long. 103[deg]42'40'' W.; to lat. 37[deg]32'46''
N., long. 103[deg]42'46'' W.; to lat. 37[deg]21'10'' N., long.
103[deg]54'41'' W.; to lat. 37[deg]21'15'' N., long. 104[deg]02'35''
W.; thence to the point of beginning.
Designated altitudes: Surface to but not including 10,000 feet
Mean Sea Level (MSL).
Time of designation: By NOTAM 24 hours in advance.
Controlling agency: FAA, Denver ARTCC.
Using agency: Commander, U.S. Army, Fort Carson, CO.
Issued in Washington, DC, on October 3, 2017.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-21794 Filed 10-6-17; 8:45 am]
BILLING CODE 4910-13-P