Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations 13389 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2015–0739; Airspace 

Docket No. 14–AWP–11] 

Modification of Restricted Area R– 

7201; Farallon De Medinilla Island, 

Mariana Islands 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action expands the 

restricted airspace at Farallon De 

Medinilla Island, Mariana Islands, by 

designating a new area, R–7201A, that 

surrounds the existing R–7201. R– 

7201A encompasses that airspace 

between a 3 nautical mile (NM) radius 

and a 12–NM radius of lat. 16°01′04′′ N., 

long. 146°03′31′′ E. The new restricted 

airspace provides the required airspace 

to conduct military training scenarios 

using air-to-ground ordnance delivery, 

naval gunfire, lasers and special 

operations training. 

DATES: Effective date 0901 UTC, June 

22, 2017. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, 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 modifies 

special use airspace to support military 

training and readiness requirements. 

History 

On August 25, 2015, the FAA 

published in the Federal Register a 

notice proposing to expand the lateral 

boundaries of restricted area R–7201, 

and redesignate the area as R–7201A (80 

FR 51498), Docket No. FAA–2015–0739. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. No comments were received. 

Differences From the NPRM 

The NPRM proposed to expand the 

lateral boundary of restricted area R– 

7201, which consists of that airspace 

within a 3–NM radius of lat. 16°01′04′′ 

N., long. 146°03′31′′ E., from the current 

3–NM to 12–NM radius and rename the 

restricted area R–7201A. 

Subsequently, the FAA decided to 

retain R–7201, with its 3–NM radius, 

and designate a new restricted area to 

surround R–7201, naming the new 

restricted area R–7201A. R–7201A 

contains that airspace from a 3–NM 

radius, out to a 12–NM radius of the 

same center point. This configuration 

allows for the activation of either R– 

7201 or R–7201A alone, or to activate 

them both simultaneously. The 

flexibility enables more efficient use of 

airspace by allowing the using agency to 

activate only that amount of restricted 

airspace required for the particular 

mission to be conducted. The 

configuration proposed in the NPRM 

would have resulted in all airspace 

within a 12–NM radius of the above 

point being activated even for those 

missions that would only require a 3– 

NM radius. Therefore, the FAA 

determined it is in the public interest to 

retain R–7201 and establish R–7210A, 

as described herein, to facilitate the realtime release of airspace when the full 

12–NM radius is not required by the 

user. 

Additionally, the using agency name 

for R–7201 is updated from 

‘‘Commander, Naval Forces, Marianas,’’ 

to ‘‘Commander, Joint Region 

Marianas.’’ This reflects the current 

organizational title and matches the 

using agency for R–7201A. 

The Rule 

The FAA is amending 14 CFR part 73 

by expanding the restricted airspace at 

Farallon De Medinilla Island, Mariana 

Islands. This action designates a new 

restricted area, R–7201A, consisting of 

the airspace between a 3–NM radius and 

a 12–NM radius of lat. 16°01′04′′ N., 

long. 146°03′31′′ E. It extends from the 

surface to FL 600. The time of 

designation is ‘‘By NOTAM, 12 hours in 

advance.’’ R–7201A surrounds the 

existing restricted area, R–7201. R–7201 

continues to consist of the airspace 

within a 3–NM radius of the above 

point. 

This change will accommodate 

Department of the Navy training 

involving the use of advanced weapons 

systems which the current R–7201A 

airspace does not sufficiently and safely 

provide. The new restricted airspace 

also enables the using agency to activate 

only that amount of restricted airspace 

needed for the particular mission. 

In addition, the using agency name for 

R–7201 is updated to reflect the current 

organizational title as described above. 

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 proposed 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 conducted an independent 

written re-evaluation and adoption of 

the Department of the Navy’s Final 

Environmental Assessment (EA)/ 

Overseas Environmental Assessment 

(OEA) for the Establishment of Mariana 

Islands Range Complex (MIRC) airspace, 

dated June 13, 2013 (hereinafter ‘‘the 

FEA/OEA’’), for which the FAA was a 

cooperating agency, and which included 

the environmental analysis of the 

establishment of Restricted Area R– 

7201A at Farallon De Medinilla Island, 

Marianas Islands, to support the Navy’s 

MIRC airspace requirements. Based on 

its environmental review, the FAA has 

determined that the action that is the 

subject of this rule does not present the 

potential for significant impacts to the 

human environment. The FAA’s 

‘‘Written Re-evaluation, Adoption of the 

EA, Finding of No Significant Impact 

and Record of Decision (FONSI–ROD),’’ 

dated January 26, 2017, is included in 

the docket for this rulemaking. The 

FEA/OEA is available at 

www.MIRCairspaceEA.com. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 


jstallworth on DSK7TPTVN1PROD with RULES
13390 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations 

1 81 FR 89407. 

2The boundary of the Owens Valley PM10

nonattainment area is defined in 40 CFR 81.305 as 

Hydrologic Unit #18090103. 

3 72 FR 31183. 

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. 

§ 73.72 [Amended] 

■ 2. § 73.72 is amended as follows: 

R–7201 Farallon De Medinilla Island, 

Mariana Islands [Amended] 

By removing ‘‘Using agency. Commander, 

Naval Forces, Marianas,’’ and adding in its 

place ‘‘Using agency. Commander, Joint 

Region, Marianas.’’ 

R–7201A Farallon De Medinilla Island, 

Mariana Islands [New] 

Boundaries. That airspace between a 3 NM 

radius and a 12 NM radius of lat. 16°01′04′′ 

N., long. 146°03′31′′ E. 

Designated altitudes. Surface to FL 600. 

Time of designation. By NOTAM 12 hours 

in advance. 

Controlling agency. FAA, Guam CERAP. 

Using agency. Commander, Joint Region 

Marianas. 

Issued in Washington, DC, on March 7, 

2017. 

Gemechu Gelgelu, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2017–04892 Filed 3–10–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 12 

Safety of Water Power Projects and 

Project Works 

CFR Correction 

■ In Title 18 of the Code of Federal 

Regulations, Parts 1 to 399, revised as of 

April 1, 2016, the term ‘‘Energy Projects 

Licensing’’ is replaced by the term 

‘‘Energy Projects’’ in the following 

locations: Page 214, § 12.2(a) and (b) and 

§ 12.3(b)(3); page 218, § 12.22(a)(1) 

introductory text and (a)(2) introductory 

text; and page 221, § 12.31(e), § 12.33(a), 

and § 12.34. 

[FR Doc. 2017–04952 Filed 3–10–17; 8:45 am] 

BILLING CODE 1301–00–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0660; FRL–9958–80– 

Region 9] 

Approval of California Air Plan; Owens 

Valley Serious Area Plan for the 1987 

24-Hour PM10 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a state implementation plan 

(SIP) revision submitted by the State of 

California to meet Clean Air Act (CAA 

or ‘‘Act’’) requirements applicable to the 

Owens Valley PM10 nonattainment area 

(NA). The Owens Valley PM10 NA is 

classified as a ‘‘Serious’’ nonattainment 

area for the national ambient air quality 

standards (NAAQS) for particulate 

matter of ten microns or less (PM10). The 

submitted SIP revision is the ‘‘Great 

Basin Unified Air Pollution Control 

District 2016 Owens Valley Planning 

Area PM10 State Implementation Plan’’ 

(‘‘2016 PM10 Plan’’ or ‘‘Plan’’). The 

State’s obligation to submit the 2016 

PM10 Plan was triggered by the EPA’s 

2007 finding that the Owens Valley 

PM10 NA had failed to meet its 

December 31, 2006, deadline to attain 

the PM10 NAAQS. The CAA requires a 

Serious PM10 nonattainment area that 

fails to meet its attainment deadline to 

submit a plan providing for attainment 

of the PM10 NAAQS and for an annual 

reduction in PM10 emissions of not less 

than five percent until attainment of the 

PM10 NAAQS. The EPA is approving the 

2016 PM10 Plan because it meets all 

relevant statutory and regulatory 

requirements. 

DATES: This rule is effective on April 12, 

2017. 

ADDRESSES: The EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2016–0660. The index to the docket is 

available electronically at http://

www.regulations.gov or in hard copy at 

the EPA Region IX office, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., confidential 

business information). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed below. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, EPA Region IX, 415– 

972–3964, vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ mean EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and the EPA’s Response 

to Comments 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On December 12, 2016, the EPA 

proposed to approve the Owens Valley 

2016 PM10 Plan, which the State of 

California submitted on June 9, 2016, as 

meeting all relevant statutory and 

regulatory requirements under the 

CAA.1 As discussed in our proposed 

rule, the Owens Valley PM10 NA is a 

Serious PM10 nonattainment area that is 

located in the southern portion of the 

Owens Valley in Inyo County, 

California.2

California’s obligation to submit the 

2016 PM10 Plan was triggered by the 

EPA’s June 6, 2007 finding that the 

Owens Valley PM10 NA had failed to 

meet its December 31, 2006 deadline to 

attain the PM10 NAAQS.3 The CAA 

requires a Serious PM10 NA that fails to 

meet its attainment deadline to submit 

a plan providing for attainment of the 

PM10 NAAQS and for an annual 

emission reduction in PM10 or PM10

precursors of not less than five percent 

per year until attainment. Our December 

12, 2016 proposed rule provides the 

background and rationale for this action. 

II. Public Comments and the EPA’s 

Response to Comments 

The EPA provided a 30-day public 

comment period on our proposed 

action. The comment period ended on 

January 11, 2017. We received two 

public comment letters: One from the 

Timbisha Shoshone Tribe and one from 

the Big Pine Paiute Tribe of the Owens 

Valley. The submitted comment letters, 

which we have summarized and 

responded to below, are in our docket. 

Comment 1: The Timbisha Shoshone 

Tribe expressed its support for our 

approval of the 2016 PM10 Plan. 

Response 1: The EPA appreciates the 

Timbisha Shoshone Tribe’s support of 

our approval. 

Comment 2: The Big Pine Paiute 

Tribe’s (‘‘Tribe’’) comment letter 

acknowledged the effectiveness of the 


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