88288 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 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 14 CFR 

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 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–79 [Removed] 

* * * * * 

V–220 [Amended] 

From Grand Junction, CO; INT Grand 

Junction 075° and Rifle, CO, 163° radials; 

Rifle; Meeker, CO; Hayden, CO; Kremmling, 

CO; INT Kremmling 081° and Gill, CO, 234° 

radials; Gill; Akron, CO; INT Akron 094° and 

McCook, NE, 264° radials; McCook; INT 

McCook 072° and Kearney, NE, 237° radials; 

to Kearney. 

* * * * * 

V–380 [Removed] 

* * * * * 

Issued in Washington, DC, on December 

15, 2023. 

Brian Konie, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–28031 Filed 12–20–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2023–2371; Airspace 

Docket No. 22–ANM–42] 

RIN 2120–AA66 

Establishment of Restricted Area R– 

4601 in the Vicinity of Townsend, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish restricted area R–4601 in the 

vicinity of Townsend, MT. The new 

restricted area would provide the 

Montana Army National Guard 

(MTARNG) and the 40th Helicopter 

Squadron with the ability to conduct 

aerial gunnery training. 

DATES: Comments must be received on 

or before February 5, 2024. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–2371 

and Airspace Docket No. 22–ANM–42 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for sending your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

* Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Steven Roff, 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 

establish restricted area airspace over 

the MTARNG Limestone Hills Training 

Area near Townsend, MT. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only one 

time if comments are filed 

electronically, or commenters should 

send only one copy of written 

comments if comments are filed in 

writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Proposed Rules 88289 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Operations office 

(see ADDRESSES section for address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during normal 

business hours at the office of the 

Western Service Center, Operations 

Support Group, Federal Aviation 

Administration, 2200 South 216th St., 

Des Moines, WA 98198. 

Background 

The MTARNG submitted a proposal 

to the FAA to establish a new restricted 

area, R–4601, over the Limestone Hills 

Training Area (LHTA) near Townsend, 

MT, to support aerial gunnery training 

requirements. Currently, the LHTA 

consists of multiple surface-to-surface 

live-fire weapons ranges that are 

contained within a Controlled Firing 

Area (CFA); however aerial gunnery 

live-fire is not authorized within a CFA. 

Hazardous activities, such as aerial 

gunnery, are required to be contained 

within a restricted area. Restricted areas 

are designated pursuant to 14 CFR part 

73 rulemaking procedures to contain 

activities that may present a hazard to 

nonparticipating aircraft. 

The proposed restricted area would 

provide a training capability to the 

MTARNG in preparation for combat 

deployments and also the 40th 

Helicopter Squadron located at 

Malmstrom Air Force Base (AFB) in 

support of security operations. 

The United States Air Force’s Global 

Strike Command (AFGSC) is tasked to 

provide armed helicopters in support of 

Malmstrom AFB missile field security 

operations. These helicopter units 

require an aerial gunnery range within 

one flight duty period (FDP) of their 

permanent bases to effectively and 

efficiently qualify and remain proficient 

in aerial gunnery operations. The LHTA 

is the only existing facility within one 

FDP with the possibility to support this 

training requirement. LHTA is located 

approximately 75 nautical miles from 

Malmstrom AFB. 

The MTARNG aviation rotary wing 

assets would utilize the proposed 

restricted area to conduct day and night 

aerial gunnery training on an annual 

basis at a minimum, to increase and 

maintain their operational readiness. 

The MTARNG aviation units would 

schedule the proposed restricted area 

for approximately 40 training events (20 

days, 20 nights) per year with each 

training event lasting over a six-hour 

period of time. 

The 40th Helicopter Squadron is 

tasked with ensuring strategic security 

for Malmstrom AFB by providing 

flexible, rapid-response helicopter airlift 

and security support to the 341st 

Missile Wing. The 40th Helicopter 

Squadron would schedule the proposed 

restricted area for approximately 60 

aerial training events (30 days, 30 

nights) per year with each training event 

lasting over a four-to-six-hour period of 

time. 

The use of the proposed restricted 

area could vary due to weather, unit 

requirements, or scheduling conflicts. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 73 to establish R–4601 

over the Limestone Hills Training Area 

in the vicinity of Townsend, MT. This 

action would be used to contain 

hazardous aerial gunnery activities. The 

proposed restricted area is described 

below. 

R–4601: The proposed restricted area 

would extend upward from the surface 

of the ground to 9,000 Mean Sea Level 

(MSL). The restricted area would be 

located approximately four miles west 

of the Townsend Airport, MT (8U8) and 

extend approximately eight miles to the 

southwest. The restricted area would be 

activated by a Notice to Air Missions 

(NOTAM) to inform nonparticipants 

when the proposed restricted area is 

active. During periods when the 

restricted area airspace is not needed by 

the using agency for its designated 

purpose, the airspace will be returned to 

the controlling agency for access by 

other National Airspace System users. 

The controlling agency for this proposed 

restricted area would be the Salt Lake 

City Air Route Traffic Control Center. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

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 14 CFR 

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. 

§ 73.46 Montana (MT) [New] 

■ 2. Section 73.46 is amended as 

follows: 

R–4601 Townsend, MT [New] 

Boundaries. Beginning at lat. 46°19′12′′ N, 

long. 111°38′00′′ W; to lat. 46°20′10′′ N, long. 

111°34′00′′ W; to lat. 46°17′30′′ N, long. 

111°32′10′′ W; to lat. 46°13′30′′ N, long. 

111°32′10′′ W; to lat. 46°13′30′′ N, long. 

111°38′00′′ W; to the point of beginning. 

Designated altitudes. Surface to 9,000 feet 

MSL. 

Time of designation. By NOTAM. 

Controlling agency. FAA, Salt Lake City 

ARTCC. 

Using agency. U.S. Army, Montana Army 

National Guard, Joint Forces Headquarters, 

Fort Harrison, MT. 

* * * * * 

Issued in Washington, DC, on December 

15, 2023. 

Brian Konie, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–28030 Filed 12–20–23; 8:45 am] 

BILLING CODE 4910–13–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS