Proposed Amendment of Restricted Areas R-4102A and R-4102B; Fort Devens, MA, 17555-17557 [2021-06739]

Download as PDF 17555 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules 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 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment 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. § 71.1 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 21, 2020, and effective September 15, 2020, is amended as follows: Alaskan VOR Federal V–436 [Amended] From Anchorage, AK, via INT Anchorage 335° (T) and Talkeetna, AK, 195° (T) radials; Talkeetna; Talkeetna 011° (T) and Fairbanks, AK, 210° (T) radials; Fairbanks. * * * * * Paragraph 2004 Jet Routes. * [Amended] ■ In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: Paragraph 6010(b) Airways. * * * * * * * J–125 [Amended] From Kodiak, AK, to Anchorage, AK. * * * * * Paragraph 6011 United States Area Navigation Routes. * * * T–399 TKA TALKEETNA, AK TO NENANA, AK [NEW] TALKEETNA, AK (TKA) AILEE, AK PAWWW, AK SEAHK, AK NENANA, AK (ENN) * * * * * Issued in Washington, DC, on March 30, 2021. George Gonzalez, Acting Manager, Rules and Regulations Group. [FR Doc. 2021–06914 Filed 4–2–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2021–0074; Airspace Docket No. 20–ANE–5] RIN 2120–AA66 Proposed Amendment of Restricted Areas R–4102A and R–4102B; Fort Devens, MA Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to modify restricted areas R–4102A and R– 4102B at Fort Devens, MA, by amending the boundaries of the areas to align with the boundaries of the Fort Devens installation; and by changing the time of designation to reflect actual usage of the airspace. DATES: Comments must be received on or before May 20, 2021. ADDRESSES: Send comments on this proposal to the U.S. Department of jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 VOR/DME WP WP WP VORTAC (Lat. (Lat. (Lat. (Lat. (Lat. 62°17′54.16″ 63°36′00.04″ 63°58′06.62″ 64°22′38.93″ 64°35′24.04″ N, N, N, N, N, long. long. long. long. long. 150°06′18.90″ 149°32′23.46″ 149°35′19.10″ 149°32′37.92″ 149°04′22.34″ Transportation, Docket Operations, M– 30, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001; telephone: (202) 366–9826. You must identify FAA Docket No. FAA–2021–0074, Airspace Docket No. 20–ANE–5, at the beginning of your comments. You may also submit comments through the internet at www.regulations.gov. Comments on environmental and land use aspects should be directed to Emily Babbit De Nicasio, Environmental Director DPW USAG Fort Devens, 30 Quebec St., Box 10, Devens, MA 01434– 4479, telephone: (978) 796–2096, fax: (978) 796–2557. FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 W) W) W) W) W) airspace. This regulation is within the scope of that authority as it would modify restricted area airspace at Fort Devens, MA, to enhance aviation safety and accommodate essential U.S. Army hazardous training activities. 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 No. FAA– 2021–0074; Airspace Docket No. 20– ANE–5) and be submitted in triplicate to the Docket Management System (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 on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to FAA Docket No. FAA–2021–0074; Airspace Docket No. 20–ANE–5.’’ The postcard will be date/time stamped and returned to the commenter. E:\FR\FM\05APP1.SGM 05APP1 17556 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules All communications received on or before the specified closing date for comments 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 closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. jbell on DSKJLSW7X2PROD with PROPOSALS Availability of NPRMs 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 at 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 Operations Support Group, Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337. Background Fort Devens was established in 1917 as ‘‘Camp Evans.’’ It was renamed Fort Devens in 1932. In 1991, the Base Realignment and Closure Commission (BRAC) recommended the closure of Fort Devens as an active U.S. Army installation and the retention of those areas and facilities essential to support the U.S. Army Reserves.1 As a result of BRAC’s recommendation, Fort Devens closed as an active duty U.S. Army installation on March 31, 1996, and, the next day, transitioned to a U.S. Army Reserve installation. Fort Devens remains an active training site for Reserve and National Guard forces. Restricted airspace supporting the Fort Devens training areas consists of R– 4102A and R–4102B. R–4102A extends from the surface to, but not including, 2,000 feet MSL. R–4102B overlies R– 4102A sharing the same lateral boundaries. R–4102B extends from 2,000 feet MSL to 3,995 feet MSL. The current time of designation of the restricted areas is ‘‘0800 to 2200 1 Defense Base Closure and Realignment Commission: Report to the President (1991). VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 Saturday local time; other times by NOTAM issued 24 hours in advance’’. These times were adequate when Fort Devens became an U.S. Army Reserve installation in 1996 because training took place only on Saturdays. However, in succeeding years, the amount of training has significantly increased due to improved capabilities of the Range Complex and Training Areas, and greater demands for training. Today, Fort Devens provides training support for all military service branches.2 Consequently, training is being conducted throughout the week rather than only on Saturdays. An FAA review of Restricted Area Annual Utilization Reports for R–4102A and R–4102B noted that the restricted areas are being used significantly more than the published time of designation. However, the existing provision for ‘‘other times by NOTAM issued 24 hours in advance’’ allows for the additional use. FAA policy in FAA Order 7400.2, Procedures for Handling Airspace Matters, states that the published time of designation should reflect times when use of the airspace is normally expected to occur. Modifying the published times for R–4102A and R– 4102B to reflect current actual usage would provide more accurate usage information to the aviation community, reduce the reliance on the NOTAM system for announcing routine daily use of the airspace, eliminate the administrative workload of issuing daily NOTAMs, and help reduce the large volume of daily NOTAMs in the system. Additionally, certain portions of restricted areas R–4102A and R–4102B extend beyond the property boundaries of the Fort Devens installation and are not being used for military activities and need to be removed from the restricted airspace. A small section along the northern edge of the airspace overlies the Souza-Baranowski Correctional Center, and is not usable for military training due to the proximity of people and facilities on the ground. The northeast section of the airspace extends over part of the Oxbow National Wildlife Refuge, and is not usable for military training for environmental reasons. The southwest section of the airspace, toward the town of Lancaster, MA, is not used due to the proximity of residential and commercial property. Finally, there are three sections of the military training area that are contained within the Fort Devens installation property boundary, but are not covered 2 Under the shared use concept in FAA Order 7400.2, the FAA expects the military to share use of its special use airspace (SUA) with other military units to the extent possible to preclude creation of additional SUA. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 by the current restricted airspace. These areas are: A small slice along the southeast side of the restricted areas; a small section on the northern side; and, a larger area along the northwest side of the restricted area. The restricted airspace needs to be expanded to contain these sections in order to better utilize the Fort Devens installation training area. The Proposal The FAA is proposing an amendment to 14 CFR part 73 to modify 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 proposes to amend the time of designation to read: ‘‘Intermittent, 0730 to 2200 local time, daily; other times by NOTAM issued 24 hours in advance.’’ This change would provide more accurate information to the aviation community about the current routine use of the airspace, and it would eliminate the administrative workload of issuing daily NOTAMs to activate the restricted areas. The FAA also proposes to modify 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, it proposes to slightly expand the restricted areas on the northwest, northeast, and southeast sides to include small parts of the training area that are currently located within the Fort Deven installation property boundaries, but are not covered by the current restricted area boundaries. These proposed boundary changes would result in an overall reduction in the size of the restricted areas at Fort Devens and would improve the 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 would be returned to the controlling agency (FAA, Boston Approach Control). 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, E:\FR\FM\05APP1.SGM 05APP1 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules 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 subjected 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. 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 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. § 73.41 Massachusetts [Amended] 2. Section 73.41 is amended as follows: * * * * * jbell on DSKJLSW7X2PROD with PROPOSALS ■ R–4102A Fort Devens, MA [Amended] Boundaries. Beginning at lat. 42°31′11″ N, long. 71°38′29″ W; to lat. 42°30′55″ N, long. 71°37′51″ W; to lat. 42°30′12″ N, long. 71°38′05″ W; to lat. 42°29′38″ N, long. 71°37′41″ W; to lat. 42°28′21″ N, long. 71°39′14″ W; to lat. 42°28′11″ N, long. 71°39′32″ W; to lat. 42°28′11″ N, long. 71°39′38″ W; to lat. 42°28′15″ N, long. 71°39′45″ W; to lat. 42°28′25″ N, long. 71°40′08″ W; to lat. 42°28′54″ N, long. 71°41′00″ W; to lat. 42°29′08″ N, long. 71°41′06″ W; to lat. 42°29′52″ N, long. 71°41′08″ W; to lat. 42°30′17″ N, long. 71°41′29″ W; to lat. 42°30′19″ N, long. 71°41′19″ W; to lat. 42°30′37″ N, long. 71°40′30″ W; to lat. 42°30′43″ N, long. 71°40′17″ W; to lat. 42°30′52″ N, long. 71°40′14″ W; to lat. 42°30′54″ N, long. 71°40′10″ W; to lat. 42°30′53″ N, long. 71°40′02″ W; to lat. 42°30′48″ N, long. 71°39′57″ W; to lat. 42°30′47″ N, long. 71°39′45″ W; to lat. 42°30′55″ N, long. VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 71°39′31″ W; to lat. 42°30′58″ N, long. 71°39′18″ W; to lat. 42°30′57″ N, long. 71°39′09″ W; to lat. 42°30′52″ N, long. 71°38′42″ W; to lat. 42°30′58″ N, long. 71°38′33″ W; to lat. 42°31′06″ N, long. 71°38′37″ W; thence to the point of beginning. Designated altitudes. Surface to, but not including, 2,000 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°31′11″ N, long. 71°38′29″ W; to lat. 42°30′55″ N, long. 71°37′51″ W; to lat. 42°30′12″ N, long. 71°38′05″ W; to lat. 42°29′38″ N, long. 71°37′41″ W; to lat. 42°28′21″ N, long. 71°39′14″ W; to lat. 42°28′11″ N, long. 71°39′32″ W; to lat. 42°28′11″ N, long. 71°39′38″ W; to lat. 42°28′15″ N, long. 71°39′45″ W; to lat. 42°28′25″ N, long. 71°40′08″ W; to lat. 42°28′54″ N, long. 71°41′00″ W; to lat. 42°29′08″ N, long. 71°41′06″ W; to lat. 42°29′52″ N, long. 71°41′08″ W; to lat. 42°30′17″ N, long. 71°41′29″ W; to lat. 42°30′19″ N, long. 71°41′19″ W; to lat. 42°30′37″ N, long. 71°40′30″ W; to lat. 42°30′43″ N, long. 71°40′17″ W; to lat. 42°30′52″ N, long. 71°40′14″ W; to lat. 42°30′54″ N, long. 71°40′10″ W; to lat. 42°30′53″ N, long. 71°40′02″ W; to lat. 42°30′48″ N, long. 71°39′57″ W; to lat. 42°30′47″ N, long. 71°39′45″ W; to lat. 42°30′55″ N, long. 71°39′31″ W; to lat. 42°30′58″ N, long. 71°39′18″ W; to lat. 42°30′57″ N, long. 71°39′09″ W; to lat. 42°30′52″ N, long. 71°38′42″ W; to lat. 42°30′58″ N, long. 71°38′33″ W; to lat. 42°31′06″ N, long. 71°38′37″ W; thence to the point of beginning. Designated altitudes. 2,000 feet MSL to 3,995 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 March 29, 2021. George Gonzalez, Acting Manager, Rules and Regulations Group. [FR Doc. 2021–06739 Filed 4–2–21; 8:45 am] BILLING CODE 4910–13–P PO 00000 17557 DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 RIN 1506–AB49 Beneficial Ownership Information Reporting Requirements Financial Crimes Enforcement Network (FinCEN), Treasury. ACTION: Advance notice of proposed rulemaking. AGENCY: FinCEN is issuing this advance notice of proposed rulemaking (ANPRM) to solicit public comment on questions pertinent to the implementation of the Corporate Transparency Act (CTA), enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA). This ANPRM seeks initial public input on procedures and standards for reporting companies to submit information to FinCEN about their beneficial owners (the individual natural persons who ultimately own or control the reporting companies) as required by the CTA. This ANPRM also seeks initial public input on FinCEN’s implementation of the related provisions of the CTA that govern FinCEN’s maintenance and disclosure of beneficial ownership information subject to appropriate protocols. DATES: Written comments on this ANPRM must be received on or before May 5, 2021. ADDRESSES: Comments may be submitted by any of the following methods: • Federal E-rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Refer to Docket Number FINCEN–2021– 0005 and RIN 1506–AB49. • Mail: Policy Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN–2021–0005 and RIN 1506–AB49. FOR FURTHER INFORMATION CONTACT: The FinCEN Regulatory Support Section at 1–800–767–2825 or electronically at frc@fincen.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Scope of ANPRM This ANPRM seeks comment on FinCEN’s implementation of certain provisions in Section 6403 of the CTA.1 1 The CTA is Title LXIV of the National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283 (January 1, 2021). Section 6403 of the CTA, among other things, amends the Bank Secrecy Act Continued Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\05APP1.SGM 05APP1

Agencies

[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17555-17557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06739]


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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


Proposed Amendment of Restricted Areas R-4102A and R-4102B; Fort 
Devens, MA

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to modify restricted areas R-4102A and R-
4102B at Fort Devens, MA, by amending the boundaries of the areas to 
align with the boundaries of the Fort Devens installation; and by 
changing the time of designation to reflect actual usage of the 
airspace.

DATES: Comments must be received on or before May 20, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE, 
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; 
telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2021-
0074, Airspace Docket No. 20-ANE-5, at the beginning of your comments. 
You may also submit comments through the internet at 
www.regulations.gov.
    Comments on environmental and land use aspects should be directed 
to Emily Babbit De Nicasio, Environmental Director DPW USAG Fort 
Devens, 30 Quebec St., Box 10, Devens, MA 01434-4479, telephone: (978) 
796-2096, fax: (978) 796-2557.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 would modify restricted area airspace at Fort Devens, 
MA, to enhance aviation safety and accommodate essential U.S. Army 
hazardous training activities.

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 No. 
FAA-2021-0074; Airspace Docket No. 20-ANE-5) and be submitted in 
triplicate to the Docket Management System (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 
on this action must submit with those comments a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2021-0074; Airspace Docket No. 20-ANE-5.'' The 
postcard will be date/time stamped and returned to the commenter.

[[Page 17556]]

    All communications received on or before the specified closing date 
for comments 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 closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    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 at 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 Operations Support Group, Eastern 
Service Center, Federal Aviation Administration, Room 210, 1701 
Columbia Ave., College Park, GA 30337.

Background

    Fort Devens was established in 1917 as ``Camp Evans.'' It was 
renamed Fort Devens in 1932. In 1991, the Base Realignment and Closure 
Commission (BRAC) recommended the closure of Fort Devens as an active 
U.S. Army installation and the retention of those areas and facilities 
essential to support the U.S. Army Reserves.\1\ As a result of BRAC's 
recommendation, Fort Devens closed as an active duty U.S. Army 
installation on March 31, 1996, and, the next day, transitioned to a 
U.S. Army Reserve installation. Fort Devens remains an active training 
site for Reserve and National Guard forces.
---------------------------------------------------------------------------

    \1\ Defense Base Closure and Realignment Commission: Report to 
the President (1991).
---------------------------------------------------------------------------

    Restricted airspace supporting the Fort Devens training areas 
consists of R-4102A and R-4102B. R-4102A extends from the surface to, 
but not including, 2,000 feet MSL. R-4102B overlies R-4102A sharing the 
same lateral boundaries. R-4102B extends from 2,000 feet MSL to 3,995 
feet MSL.
    The current time of designation of the restricted areas is ``0800 
to 2200 Saturday local time; other times by NOTAM issued 24 hours in 
advance''. These times were adequate when Fort Devens became an U.S. 
Army Reserve installation in 1996 because training took place only on 
Saturdays. However, in succeeding years, the amount of training has 
significantly increased due to improved capabilities of the Range 
Complex and Training Areas, and greater demands for training. Today, 
Fort Devens provides training support for all military service 
branches.\2\ Consequently, training is being conducted throughout the 
week rather than only on Saturdays.
---------------------------------------------------------------------------

    \2\ Under the shared use concept in FAA Order 7400.2, the FAA 
expects the military to share use of its special use airspace (SUA) 
with other military units to the extent possible to preclude 
creation of additional SUA.
---------------------------------------------------------------------------

    An FAA review of Restricted Area Annual Utilization Reports for R-
4102A and R-4102B noted that the restricted areas are being used 
significantly more than the published time of designation. However, the 
existing provision for ``other times by NOTAM issued 24 hours in 
advance'' allows for the additional use. FAA policy in FAA Order 
7400.2, Procedures for Handling Airspace Matters, states that the 
published time of designation should reflect times when use of the 
airspace is normally expected to occur. Modifying the published times 
for R-4102A and R-4102B to reflect current actual usage would provide 
more accurate usage information to the aviation community, reduce the 
reliance on the NOTAM system for announcing routine daily use of the 
airspace, eliminate the administrative workload of issuing daily 
NOTAMs, and help reduce the large volume of daily NOTAMs in the system.
    Additionally, certain portions of restricted areas R-4102A and R-
4102B extend beyond the property boundaries of the Fort Devens 
installation and are not being used for military activities and need to 
be removed from the restricted airspace. A small section along the 
northern edge of the airspace overlies the Souza-Baranowski 
Correctional Center, and is not usable for military training due to the 
proximity of people and facilities on the ground. The northeast section 
of the airspace extends over part of the Oxbow National Wildlife 
Refuge, and is not usable for military training for environmental 
reasons. The southwest section of the airspace, toward the town of 
Lancaster, MA, is not used due to the proximity of residential and 
commercial property.
    Finally, there are three sections of the military training area 
that are contained within the Fort Devens installation property 
boundary, but are not covered by the current restricted airspace. These 
areas are: A small slice along the southeast side of the restricted 
areas; a small section on the northern side; and, a larger area along 
the northwest side of the restricted area. The restricted airspace 
needs to be expanded to contain these sections in order to better 
utilize the Fort Devens installation training area.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to modify 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 proposes to amend the time of designation to read: 
``Intermittent, 0730 to 2200 local time, daily; other times by NOTAM 
issued 24 hours in advance.'' This change would provide more accurate 
information to the aviation community about the current routine use of 
the airspace, and it would eliminate the administrative workload of 
issuing daily NOTAMs to activate the restricted areas.
    The FAA also proposes to modify 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, it proposes to slightly expand the restricted 
areas on the northwest, northeast, and southeast sides to include small 
parts of the training area that are currently located within the Fort 
Deven installation property boundaries, but are not covered by the 
current restricted area boundaries. These proposed boundary changes 
would result in an overall reduction in the size of the restricted 
areas at Fort Devens and would improve the 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 would be returned to the controlling agency 
(FAA, Boston Approach Control).

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,

[[Page 17557]]

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 subjected 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.

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.  73.41   Massachusetts [Amended]

0
2. Section 73.41 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, 2,000 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. 2,000 feet MSL to 3,995 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 March 29, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-06739 Filed 4-2-21; 8:45 am]
BILLING CODE 4910-13-P