27510 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

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 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 amends the 

Class E airspace extending upward from 

700 feet above the surface at Northeast 

Ohio Regional Airport, Ashtabula, OH, 

to support instrument flight rule 

operations at this airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (87 FR 11364; March 1, 2022) 

for Docket No. FAA–2022–0130 to 

amend the Class E airspace at 

Ashtabula, OH. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in FAA 

Order JO 7400.11. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

This amendment to 14 CFR part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Northeast Ohio Regional Airport, 

Ashtabula, OH, by adding an extension 

2 miles each side of the 259° bearing 

from the airport extending from the 6.5- 

mile radius of the airport to 9.6 miles 

west of the airport; removes the city 

associated with Ashtabula County 

Medical Center, contained within the 

airspace legal description, in the header 

to comply with changes to FAA Order 

JO 7400.2N, Procedures for Handling 

Airspace Matters; and updates the name 

(previously Ashtabula County Airport), 

state, and geographic coordinates of 

Northeast Ohio Regional Airport to 

coincide with the FAA’s aeronautical 

database. 

This action is due to an airspace 

review conducted as part of the 

decommissioning of the Jefferson VOR, 

which provided navigation information 

for the instrument procedures at this 

airport, as part of the VOR MON 

Program. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

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, 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,’’ 

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). 

Adoption of the Amendment 

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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL OH E5 Ashtabula, OH [Amended] 

Northeast Ohio Regional Airport, OH 

(Lat. 41°46′40′′ N, long. 80°41′48′′ W) 

Ashtabula County Medical Center, OH, Point 

in Space Coordinates 

(Lat. 41°52′47′′ N, long. 80°46′42′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Northeast Ohio Regional 

Airport, and within 2 miles each side of the 

259° bearing from the Northeast Ohio 

Regional Airport extending from the 6.5-mile 

radius to 9.6 miles west of the Northeast 

Ohio Regional Airport, and within a 6-mile 

radius of the Point in Space serving the 

Ashtabula County Medical Center. 

Issued in Fort Worth, Texas, on May 2, 

2022. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2022–09675 Filed 5–6–22; 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 

Amendment of Restricted Areas 

R–4102A and R–4102B; Fort Devens, 

MA 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This action modifies 

restricted areas R–4102A and R–4102B 

at Fort Devens, MA, by amending the 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27511 

boundaries of the areas to align with the 

boundaries of the Fort Devens’ 

installation property; and by changing 

the time of designation to reflect actual 

usage of the airspace. 

DATES: Effective date: 0901 UTC, July 

14, 2022. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Rules and Regulations 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 

restricted area airspace at Fort Devens, 

MA, to enhance aviation safety and 

accommodate essential U.S. Army 

training activities. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2021–0074 in the Federal Register 

(86 FR 17555; April 5, 2021), proposing 

to modify restricted areas R–4102A and 

R–4102B at Fort Devens, MA, to update 

the time of designation and the lateral 

boundaries of the areas. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal. One 

comment was received from an 

individual commenter. 

Discussion of Comment 

The commenter expressed concern 

about FAA’s determination of ‘‘no 

significant impact’’ with regard to this 

action. The commenter likened it to 

FAA’s decision in the case of Moore 

Army Airfield in which the commenter 

stated the 60 days comment period was 

waived. Moreover, the commenter 

stated that the public lacked the benefit 

of a noise impact study. Moore Airfield 

was closed during the 1990s and is now 

used for auto racing and for state police 

training. Finally, the commenter stated 

that they ‘‘disagree with lifting the 

restrictions that are currently over 

Oxbow Wildlife Refuge’’ as ‘‘[p]ropeller 

planes are dumping noise and leaded 

aviation fuel emissions.’’ 

In this case, the Environmental 

Assessment (EA) and Finding of No 

Significant Impact (FNSI) were available 

for review and comment for 30 days, 

beginning June 22, 2018, and ending 

July 23, 2018. Copies of the EA and 

Draft FNSI were made available on the 

official Fort Devens website and printed 

copies were also made available at four 

local libraries: The Ayer Public Library, 

the Hazen Memorial Library in Shirley, 

the Harvard Public Library, and the 

Thayer Memorial Library in Lancaster. 

The Army received responses from the 

Massachusetts Historical Commission 

and Fitchburg Municipal Airport during 

the 30-day public review period. The 

Army carefully read and considered all 

comments received. Moreover, the EA’s 

section on Biological Resources found 

that although biological communities 

are found in the surrounding areas, no 

noise impacts are anticipated on these 

communities because no changes are 

proposed to the types of aircraft or types 

and number of operations conducted 

within the airspace. 

With regard to the commenter’s final 

point, the current restricted area 

configuration does infringe on the 

southernmost part of the Refuge. 

However, this area is not available for 

use by the military for environmental 

reasons. Therefore, there is no 

justification for retaining restricted 

airspace over that location. Restricted 

areas are only designated when 

necessary to contain and segregate 

activities that would pose a hazard to 

aviation rather than address 

environmental concerns. The Oxbow 

Refuge is identified on Visual Flight 

Rules (VFR) aeronautical charts for pilot 

awareness. An advisory note on the 

chart requests that pilots maintain a 

minimum flight altitude of 2,000 feet 

above the ground if overflying the 

Refuge and similar sensitive areas. 

The Rule 

This action amends 14 CFR part 73 by 

modifying 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 

is amending the time of designation to 

read: ‘‘Intermittent, 0730 to 2200 local 

time, daily; other times by NOTAM 

issued 24 hours in advance.’’ This 

change provides more accurate 

information to the aviation community 

about the current routine use of the 

airspace, and it eliminates the 

administrative workload now required 

to issue daily NOTAMs to activate the 

restricted areas. 

The FAA is also modifying 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, this rule slightly expands 

the restricted areas on the northwest, 

northeast, and southeast sides to 

include small parts of the training area 

that are actually located within the Fort 

Devens installation property 

boundaries, but are outside of the 

current restricted area boundaries. 

Taken together, these restricted area 

boundary changes result in an overall 

reduction in the size of the restricted 

areas at Fort Devens. The result is 

improved 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 will be returned to 

the controlling agency (FAA, Boston 

Approach Control) for access by other 

aviation users. 

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 

airspace action of modifying restricted 

areas R–4102A and R–4102B at Fort 

Devens, MA, qualifies for categorical 

exclusion under the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and its implementing 

regulations at 40 CFR part 1500, and in 

accordance with FAA Order 1050.1F, 


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27512 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

Environmental Impacts: Policies and 

Procedures, paragraph 5–6.5a, which 

categorically excludes from further 

environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5–2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. Accordingly, 

the FAA has determined that no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment or 

environmental impact study for this 

rulemaking action. On May 31, 2019, in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, Paragraph 8–2, Adoption of 

Other Agencies’ NEPA Documents, the 

FAA finalized its adoption 

Environmental Assessment of the 

Army’s Establishment of Restricted Area 

Airspace (R-) 4102A/B at U.S. Army 

Garrison Fort Devens, Final 

Environmental Assessment of Airspace 

Change Proposal at U.S. Army Garrison 

Fort Devens, Massachusetts. The Army’s 

Final EA analyzed the potential 

environmental impacts of the proposed 

establishment of additional restricted 

area airspace in support of the Army’s 

training exercises. The additional 

restricted area airspace would lower the 

risk of encountering non-participating 

aircraft during those exercises. No 

changes to the types of aircraft or types 

and number of operations conducted 

within the airspace were proposed. 

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. 

§ 73.41 Massachusetts [Amended] 

■ 2. Section 73.38 is amended as 

follows: 

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. 

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, 2000 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. 2000 feet MSL to 

3995 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 May 3, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–09921 Filed 5–6–22; 8:45 am] 

BILLING CODE 4910–13–P 

RAILROAD RETIREMENT BOARD 

20 CFR Part 220 

RIN 3220–AB77 

Consultative Examinations 

AGENCY: Railroad Retirement Board. 

ACTION: Final rule. 

SUMMARY: The Railroad Retirement 

Board amends its regulations 

concerning consultative examinations 

used in adjudication of claims for 

disability annuities. The amendment 

permits psychological and psychiatric 

consultative examinations to be 

conducted through the use of video 

teleconferencing technology. The 

amendment allows the remote conduct 

of examinations where physical contact 

is not required and facilitates medical 

evaluations when physical proximity is 

not feasible. 

DATES: This regulation is effective May 

9, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Marguerite P. Dadabo, (312) 751–4945, 

TTD (312) 751–4701, 

Marguerite.Dadabo@rrb.gov. 

SUPPLEMENTARY INFORMATION: The 

Railroad Retirement Board (Board) 

amends its disability regulations to 

allow video teleconferencing technology 

(VTT) to be used to conduct a 

psychological or a psychiatric 

consultative examination in a case 

where such technology permits proper 

evaluation of a claimant. A VTT 

consultative examination is an 

examination conducted through a 

telecommunications system that allows 

the examining physician or psychologist 

and the claimant to see and hear each 

other for the purpose of communication 

in real time. A VTT consultative 

examination must comply with all 

requirements for consultative 

examinations in subpart G of part 220 of 

the Board’s regulations, 20 CFR part 

220, subpart G. In addition, the 

following requirements must be 

followed if a VTT consultative 

examination is used. The examining 


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