This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

17619 

Vol. 81, No. 61 

Wednesday, March 30, 2016 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2016–4282; Airspace 

Docket No. 16–AWP–3] 

RIN 2120–AA66 

Proposed Establishment of Temporary 

Restricted Areas R–2509E, R–2509W, 

and R–2509N; Twentynine Palms, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish temporary restricted areas R– 

2509E, R–2509W, and R–2509N, 

Twentynine Palms, CA, to support a 

Marine Expeditionary Brigade level 

Large Scale Exercise (LSE) planned for 

existing and newly acquired training 

lands at Marine Corps Air Ground 

Combat Center (MCAGCC), Twentynine 

Palms from August 1 to August 18, 

2016. 

DATES: Comments must be received on 

or before May 16, 2016. 

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–2016–4282 and 

Airspace Docket No. 16–AWP–3, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at www.regulations.gov. You 

may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800– 

647–5527), is on the ground floor of the 

building at the above address. 

Comments on environmental and land 

use aspects to should be directed to: Mr. 

Chris Proudfoot, Proposed 29 Palms 

Land Acquisition/Airspace 

Establishment Project MAGTFTC, 

MCAGCC, Bldg. 1554, Box 788104 

Twentynine Palms, CA 92278–8104; 

phone: (760) 830–7926. 

FOR FURTHER INFORMATION CONTACT: 

Jason Stahl, 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 would 

establish the temporary restricted area 

airspace at Twentynine Palms, CA, to 

enhance aviation safety and 

accommodate essential United States 

Marine Corps training requirements. 

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– 

2016–4282 and Airspace Docket No. 16– 

AWP–3) 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 

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–2016–4282 and 

Airspace Docket No. 16–AWP–3.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

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 www.regulations.gov. 

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, Western 

Service Center, Federal Aviation 

Administration, 1601 Lind Ave. SW., 

Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

Marine Corps combat readiness 

depends on the continued availability of 

ranges and training areas that provide 

realistic, mission-oriented training and 

exercises. Marine Corps training 

proceeds on a continuum, from entrylevel training of individual Marines in 

basic military skills to large-scale 

exercises involving a Marine Air 

Ground Task Force (MAGTF). Currently, 

the Marine Corps does not have 

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17620 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules 

sufficient range space to conduct a 

Marine Expeditionary Brigade (MEB) 

level live fire exercise. Through careful 

analysis and a series of studies, 

MCAGCC Twentynine Palms was 

identified as the only Marine Corps 

installation capable of expansion to the 

dimensions required to support this 

level of exercise. Acquisition of new 

lands without the requisite special use 

airspace (SUA) would not allow for the 

training events required to successfully 

execute this essential exercise. 

Consequently, a new restricted area, 

military operations areas (MOA) and air 

traffic control-assigned airspace are 

being developed as a critical element of 

the required expansion to support large 

scale MEB level exercises and those 

supporting building block training 

events. A prior proposal for permanent 

SUA received a non-concurrence from 

LA Center and will not be available to 

support the first Large Scale Exercise on 

new Twentynine Palms lands planned 

for August 1 to August 18, 2016. The 

establishment of temporary restricted 

area R–2509E, W, and N, will 

substantially enhance both the 

capability and capacity of the MCAGCC 

Twentynine Palms Range and Training 

Areas (RTA) to conduct required 

training for a MEB large scale exercise. 

The Proposal 

This proposal would establish new 

temporary restricted areas R–2509E, R– 

2509W, and R–2509N for the period 

from August 1 to August 18, 2016, to 

accommodate live fire from pistols, 

rifles, machine guns, anti-tank weapons, 

mortars, artillery, Unmanned Aircraft 

Systems, fixed wing, and rotary wing 

training activities including close air 

support and live ordnance delivery. 

This proposed temporary restricted area 

is required to effectively deconflict 

Department of Defense and civilian air 

traffic from hazards associated with live 

fire training. 

Maximum altitudes within the R– 

2509E would be Flight Level (FL) 400, 

however, impacts mitigation were 

coordinated with Los Angeles Air Route 

Traffic Control Center and will be 

implemented to include limiting higher 

airspace activations above FL220 to only 

2 hours for 2 days of the exercise. R– 

2509W would have a ceiling of 8,000 

feet MSL and R–2509N would have a 

ceiling of 16,000 feet MSL. Supersonic 

flight will not be conducted as part of 

the above aviation training activities. 

The times of use would be by 

NOTAM, and activations of R–2509E 

above FL220 would have the NOTAM 

issued 48 hours in advance. Expected 

usage would be 12 hours per day for 10 

days up to 16,000 feet and 16 hours per 

day for 6 days up to FL220. 

The lateral boundaries of the 

proposed areas would be as follows: 

Temporary R–2509E—Beginning at lat. 

34°40′30′′ N., long. 116°29′43′′ W.; to lat. 

34°39′24′′ N., long. 116°29′19′′ W.; to lat. 

34°36′00′′ N., long. 116°28′03′′ W.; to lat. 

34°31′30′′ N., long. 116°26′48′′ W.; to lat. 

34°30′00′′ N., long. 116°26′23′′ W.; to lat. 

34°21′35′′ N., long. 116°21′38′′ W.; to lat. 

34°19′30′′ N., long. 116°20′29′′ W.; to lat. 

34°17′38′′ N., long. 116°19′19′′ W.; to lat. 

34°22′25′′ N., long. 116°31′10′′ W.; to lat. 

34°34′17′′ N., long. 116°35′52′′ W.; to the 

point of beginning. 

Temporary R–2509W—Beginning at lat. 

34°35′03′′ N., long. 116°36′10′′ W.; to lat. 

34°34′17′′ N., long. 116°35′52′′ W.; to lat. 

34°22′25′′ N., long. 116°31′10′′ W.; to lat. 

34°26′57′′ N., long. 116°42′51′′ W.; to lat. 

34°29′44′′ N., long. 116°42′51′′ W.; to the 

point of beginning. 

Temporary R–2509N—Beginning at lat. 

34°35′03′′ N., long. 116°36′10′′ W.; to lat. 

34°40′30′′ N., long. 116°29′43′′ W.; to lat. 

34°34′17′′ N., long. 116°35′52′′ W.; to the 

point of beginning. 

These temporary restricted areas 

would automatically expire on August 

18, 2016. 

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 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 1050.1E, 

‘‘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. 

§ 73.25 California (Amended) 

■ 2. § 73.25 is amended as follows: 

* * * * * 

R–2509E Twentynine Palms, CA [New] 

Boundaries. Beginning at lat. 34°40′30′′ N; 

long. 116°29′43′′ W; to lat. 34°39′24′′ N; long. 

116°29′19′′ W; to lat. 34°36′00′′ N; long. 

116°28′03′′ W; to lat. 34°31′30′′ N; long. 

116°26′48′′ W; to lat. 34°30′00′′ N; long. 

116°26′23′′ W; to lat. 34°21′35′′ N; long. 

116°21′38′′ W; to lat. 34°19′30′′ N; long. 

116°20′29′′ W; to lat. 34°17′38′′ N; long. 

116°19′19′′ W; to lat. 34°22′25′′ N; long. 

116°31′10′′ W; to lat. 34°34′17′′ N; long. 

116°35′52′′ W; to the point of beginning. 

Designated altitudes. Surface to FL 400. 

Time of designation. Intermittent by 

NOTAM during the period from August 1 to 

August 18, 2016. 

Controlling agency. FAA, Los Angeles Air 

Route Traffic Control Center (ARTCC). 

Using agency. Commanding General, 

Marine Corps Air Ground Combat Center 

(MCAGCC), Twentynine Palms, CA. 

R–2509W Twentynine Palms, CA [New] 

Boundaries. Beginning at lat. 34°35′03′′ N., 

long. 116°36′10′′ W.; to lat. 34°34′17′′ N., 

long. 116°35′52′′ W.; to lat. 34°22′25′′ N., 

long. 116°31′10′′ W.; to lat. 34°26′57′′ N., 

long. 116°42′51′′ W.; to lat. 34°29′44′′ N., 

long. 116°42′51′′ W.; to the point of 

beginning. 

Designated altitudes. Surface to 8,000 feet 

MSL. 

Time of designation. Intermittent by 

NOTAM during the period from August 1 to 

August 18, 2016. 

Controlling agency. FAA, Los Angeles Air 

Route Traffic Control Center (ARTCC). 

Using agency. Commanding General, 

Marine Corps Air Ground Combat Center 

(MCAGCC), Twentynine Palms, CA. 

R–2509N Twentynine Palms, CA [New] 

Boundaries. Beginning at lat. 34°35′03′′ N., 

long. 116°36′10′′ W.; to lat. 34°40′30′′ N., 

long. 116°29′43′′ W.; to lat. 34°34′17′′ N., 

long. 116°35′52′′ W.; to the point of 

beginning. 

Designated altitudes. Surface to 16,000 feet 

MSL. 

Time of designation. Intermittent by 

NOTAM during the period from August 1 to 

August 18, 2016. 

Controlling agency. FAA, Los Angeles Air 

Route Traffic Control Center (ARTCC). 

Using agency. Commanding General, 

Marine Corps Air Ground Combat Center 

(MCAGCC), Twentynine Palms, CA. 

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Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules 17621 

Issued in Washington, DC, on March 24, 

2016. 

Gemechu Gelgelu, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2016–07166 Filed 3–29–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

32 CFR Part 842 

[Docket ID: USAF–2015–0003] 

RIN 0701–AA79 

Administrative Claims 

AGENCY: Department of the Air Force, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: This rule contains 

amendments for policy changes and 

clarification and deletions for the Air 

Force guidance on Administrative 

claims and Personnel and Carrier 

Recovery Claims. The rule relates to the 

Air Force processes for claims filed for 

and against the Air Force as well as Air 

Force processes for filing personnel and 

carrier recovery claims. 

DATES: Comments must be received by 

May 31, 2016. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Deputy Chief Management 

Officer, Directorate of Oversight and 

Compliance, Regulatory and Audit 

Matters Office, 9010 Defense Pentagon, 

Washington, DC 20301–9010. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Lemieux (AFLOA/JACC), 1500 

West Perimeter Rd, Ste 1700, Joint Base 

Andrews, MD 20762, (240) 612–4646, 

daniel.g.lemieux.civ@mail.mil. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of This Regulatory Action 

The purpose of this rule is to provide 

the public with information necessary to 

file a claim against the United States Air 

Force for money damages and to notify 

the public of the procedures used to 

collect money from the public for 

damages to property under the control 

of the United States Air Force. 

Additionally, it is to provide the public 

with information about proposed 

changes and deletions concerning the 

settlement and payment of claims under 

the Military Personnel and Civilian 

Employee’s Claims Act for incident to 

service loss and damage to personal 

property. 

II. Summary of the Major Provisions of 

This Regulatory Action 

This part describes the process and 

procedures by which claims against the 

Air Force will be addressed, including 

who are proper claimants, how, where 

and when to file a claim, what claims 

are payable, how the Air Force will 

adjudicate claims and how to appeal 

unfavorable decisions. It also describes 

the process the Air Force will use for 

asserting claims against persons who 

damage Air Force property. 

Changes: This part has been 

substantially revised and should be 

reviewed in its entirety to determine the 

changes made. 

Deletions: This part has been 

substantially revised and should be 

reviewed in its entirety to determine the 

deletions made. 

III. Costs and Benefits 

The regulations contained herein 

require the public who wish to file a 

claim against the Air Force to 

substantiate their loss, which may result 

in minor or incidental costs to the 

claimant. Revised regulations pertaining 

to how the Air Force asserts claims for 

damage to Air Force property may result 

in increased costs to those who cause 

said damage. The benefits of these 

regulations include increased safeguards 

to ensure public funds are not expended 

for fraudulent claims and to ensure the 

U.S. government receives adequate 

compensation for damages to its 

property wrongfully caused by others. 

Retrospective Review 

This rule is part of DoD’s 

retrospective plan, completed in August 

2011, under Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ DoD’s full plan and updates 

can be accessed at: http://www.

regulations.gov/#!docketDetail;dct=

FR+PR+N+O+SR;rpp=10;po=0;D=DOD2011-OS-0036. 

Administrative Procedure Act: The 

Air Force has determined that the 

Administrative Procedure Act, 5 U.S.C. 

553, requires notice of proposed 

rulemaking and an opportunity for 

public participation in connection with 

these correction amendments and 

deletions. In this regard, the Air Force 

notes that such notice and opportunity 

for comment is necessary because these 

correction amendments and deletions 

are not related solely to interpretative 

rules, general statements of policy, rules 

of agency organization, procedure, or 

practice, nor is there good cause to find 

that notice and public procedure 

thereon are impracticable, unnecessary 

or contrary to the public interest. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. The Department of Air Force 

has assessed this rule and determined 

this rule to be a ‘‘non-significant 

regulatory action.’’ 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4) requires agencies assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2014, that 

threshold is approximately $141 

million. This rule will not mandate any 

requirements for State, local, or tribal 

governments, nor will it affect private 

sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that this rule is 

not subject to the Regulatory Flexibility 

Act (5 U.S.C. 601) because it would not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities. Therefore, the 

Regulatory Flexibility Act, as amended, 

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